When will there be an Arbitrator for disputes between workers, pensioners and the Inps?

In the latest version of the Pnrr decree launched by the government this week, which is still waiting to be stamped, Article 29 provides for the establishment of the Pension Arbitrator under the aegis of Covip. A body for out-of-court settlement of disputes in the pension sphere, like those already in place in Bankitalia, Consob and Ivass, where the Abf (Arbitro Bancario Finanziario ), the Acf (Arbitro per le Controversie Finanziarie ) and the Aas (Arbitro Arbitro Assicurativo ) are operative respectively.

The scope of the Pension Arbitrator's jurisdiction will include health funds and mutual benefit societies that have just entered the Covip supervisory perimeter, supplementary pension instruments (including pan-European PEPs) and pension funds that pay pensions to professionals. Members of these institutions and pension funds will therefore be able to assert their rights without necessarily having to resort to ordinary justice. Some, however, remain excluded.

These are the majority of workers (employees, self-employed, public) who pay contributions for an old age, retirement or invalidity pension paid by the Inps. For them, there is no super partes extrajudicial route.

After submitting a complaint to the Inps, if it is rejected, it is possible to lodge an appeal within 90 days of notification of the measure to be challenged, but always to the Inps, which must then reply within a further 90 days. If there is no reply, the appeal is tacitly rejected. And from that moment on, it will be possible to proceed with a judicial appeal at an Employment Tribunal, but using a lawyer to draft the document, serve it and prepare an objection to any charge notices. Moreover, with the risk of having to reimburse the other party's costs if he loses the case.

But the judicial procedure managed internally by Inps cannot be perceived as impartial. To ensure speed, cost-effectiveness and the effective protection of the majority of citizens, a system with an Arbitrator for the out-of-court settlement of disputes with Inps should be envisaged. Also in order to cut down on civil cases that clog up the courts, as advocated by the NRP.