School staff: no to the 70-year age limit for continued employment

The upper age limit of 70 for continued employment of school staff cannot remain fixed if, in the meantime, the age required to qualify for an old-age pension increases as a result of adjustments to life expectancy.

This was ruled by the Constitutional Court in Judgment No. 125, filed today, declaring Article 509(3) of Legislative Decree No. 297 of 1994 to be unconstitutional insofar as it permits the continuation of the employment relationship ‘no later than the age of 70’, rather than providing for continued employment ‘not beyond the age of 70 or such higher age as may be determined, taking into account the adjustment of the eligibility criteria for old-age pensions in line with increases in life expectancy’.

The decision stems from the questions of constitutional legitimacy raised by the Fourth Civil Section of the Court of Cassation in the context of a preliminary reference for a ruling on interpretation brought by the Court of Lecce, a labour court.

The proceedings stem from an appeal lodged by an employee of the Ministry of Education and Merit who had challenged the decision to terminate her employment, arguing that she was entitled to remain in service until the age of 71 in order to reach the minimum number of contribution years required to qualify for an old-age pension under the contributory scheme.

In setting out the grounds for its ruling, the Constitutional Court refers to its own case-law on the continued employment of civil servants beyond the statutory retirement age, reiterating that this possibility constitutes an exception to the rule of retirement and is intended solely to enable the employee to meet the necessary requirements for entitlement to a pension.