reunion Act 29/79 and transfer of the insurance position: clarification Inps after the entry into force of Law 122/2010
IUniScuoLa : Here is the Circular No. 142 05/11/2010 the Central Directorate of Pensions
SUBJECT: Article 12, paragraphs 12septies 12undecies to the Law of 30 July 2010, No
122 - amendments to Article 1 of Law February 7, 1979, No 29
- variation of parameters to calculate the charges payable by members calling for the reunion in the Fund under Article 2 of Railwaymen Law 29/1979
- repeal of the rules on the constitution, free of charge, the insurance situation in FPLD
SUMMARY: Provides
innovations introduced by Law of 30 July 2010, No 122 on the reunion of periods of insurance under Articles 1 and 2 of the Law February 7, 1979, No 29 and the consequences which arise following the successful repeal of the rules governing the establishment in FPLD, free of charge, insurance positions transferred from other pension managers.
Abstract
Official Gazette No 176, July 30, 2010 the law was published July 30, 2010, No 122 conversion, with amendments, Decree-Law No 31 May 2010 78. The provisions introduced in the conversion of the relevant law entered into force July 31, the day following its publication in the Official Gazette.
Article 12, paragraphs 12septies to 12undecies, the Law introduces new provisions on the reunion of insurance, acting on Articles 1 and 2 of the Law February 7, 1979, No 29 and on the transfer of pension contributions from various jurisdictions, with creation of the positions in the insurance pension fund employees the general compulsory.
PART
Regulatory changes to the Law February 7, 1979, No 29
Article 12 of Law No 122/2010 concerned with subsection 12septies, spoke on the provisions of the first three paragraphs of Article 1 of Law No 29/1979, which allowed the reunion in FPLD without payment of contribution periods completed at alternative forms of insurance, exclusive or waive the general compulsory IVS (hereinafter referred to as "alternative"), by introducing a cost to the applicants also for these types of transactions. With
paragraph 12decies, the same Article 12 amends the provisions of Article 4, paragraph 1, the Law of 7 July 1980, no 299, which defines the parameters to calculate the charges for reunion in cases under Article 2 of Law No 29/1979 with regard to certain categories of civil servants.
1 - The reunion in the pension fund for employees until June 30, 2010
The reunion in the pension fund for employees of the insurance periods completed in Management "alternative" of the AG and / or the management of special self-employed artisans, traders, farmers, tenant farmers and sharecroppers, governed by a law of February 7, 1979, No 29, is aimed at employees who have been enrolled in compulsory forms of welfare "alternative" the general compulsory IVS and / or one or more administrations of the self-employed, giving them the option, "for purposes of law and the size of a single board, to request, at any time, the reunion of all periods of compulsory contributions, voluntary and figurative at the aforementioned pension schemes through the inclusion in insurance compulsory general and the formation of the latter in the corresponding positions in insurance. "
That option may be exercised if the worker can rely on at least two periods of contribution of these pension schemes:
- a period of enrollment in FPLD and a period of enrollment in a management "Alternative"
- two in two different periods of enrollment management "alternative"
- a period of enrollment in FPLD and a period of enrollment in one of the special management for self-employed;
- a period of enrollment in a management " alternative "and a period of enrollment in one of the special management for occupational
and provided that those periods have not given rise to a pension directly.
as noted by the above, to make the reunion in FPLD under Article 1 of Law No 29/1979 does not require the registration in force on the date of an application, or there is a requirement minimum contribution but it is a necessary condition that the employee is in possession of pension contributions in at least two different operations. If the operation
reunion should include periods of self-employment is further required that in the period between the request for reunion and the last contribution from self-employment have been completed at least five years of contributions in one or more management employees .
Before 1 July 2010 reunion in FPLD contribution periods completed in pension systems "alternative" the general compulsory insurance was done at no cost to the applicant: there was only an obligation in relation to such transfer in the management of the FPLD contribution relating to periods reunited, together with interest at an annual rate of 4.50 percent. It was rather costly for the employee concerned that the operation periods of contribution from the self-ART, COM, CD / CM: its funding was set up in such a case, from the amount of contributions and the interest credited by the management of source and from monies due to the applicant, determined in accordance with the provisions in force at the time of application.
2 - Changes made to Article 1 of Law No 29/1979
As required by Article 12, paragraph 12septies of Law 122/2010 "With effect from 1 July 2010 reunion in Article 1, first paragraph, of Law February 7, 1979, No 29, the provisions of Article 2, paragraphs third, fourth and fifth of that Act. The burden to be borne by the applicants is determined according to the criteria of Article 2, paragraphs 3 to 5, of Legislative Decree 30 April 1997, No 184.
It follows that, with effect on the applications submitted by the aforementioned effect, the reunion in FPLD will always be a consideration, whatever the administration of origin of the period involved, and regardless of the nature of the activity (employed or self) to which they refer to their contributions.
, so that those with effect from 1 July 2010 to exercise the option referred to in Article 1 of Law No 29/1979 shall pay an amount equal to fifty percent of the difference between the amount of the burden of reunion - calculated according to the criteria of Article 2, paragraphs 3 to 5, of Legislative Decree no. 184/1997, currently in force - and the amount of contributions and interest transferred by the regulations concerned.
Specifically, the burden of reunion should be determined with respect to the timing of periods and rejoined their evaluation for pension purposes. In other words, the periods in calculating pay give rise to the future pension burden quantified in terms of mathematical reserves, calculated on the share of pension corresponding to the period reunited, according to the criteria established by art. 2, paragraph 4, of Legislative Decree no. 184/1997. The periods covered by
reunion that included in the calculation of future pension contributions instead give rise to a charge determined by the criteria set out in paragraph 5 of that Article 2, on the basis of the "reference pay" and the contribution rate applicable at the time IVS the submission of an application.
The new provisions apply to applications submitted from 1 July 2010 onwards. The reunion under Article 1 of Law No 29/1979, which was requested on the previous year, shall have to be determined for the previously applicable provisions.
are fully extended to the reunion in examination procedures for exercising the option, the terms of payment of the charges laid, the conditions that determine the decay and those of recurrence of the application, which was defined in relation to the reunion in FPLD Special features of self-employed. In
confirm that in cases of coincidence of several periods of insurance do you apply the criteria of Article 8 of Law No 29/1979, states that the voluntary contributions paid in FPLD coinciding with periods of insurance in FPLD inflows from other pension management must essere annullata e rimborsata; gli eventuali contributi volontari, segnalati e trasferiti dalla gestione “alternativa”, se coincidenti con periodi assicurativi coperti da contribuzione di qualsiasi altra natura, dovranno essere invece posti in detrazione dall’onere di ricongiunzione a carico del richiedente.
Considerata l’onerosità della ricongiunzione, il trasferimento dalle gestioni “alternative” resta subordinato all’accettazione del relativo onere da parte dell’interessato.
Pertanto, tornano ad essere sempre distinte la fase di segnalazione dei periodi contributivi da quella di trasferimento dei relativi importi anche per le ricongiunzioni relative a periodi provenienti da INPDAP, in relazione who had, until now, provided the immediacy of the two phases in the case of operations not related to periods of self-employment.
As a result of the above must be follow the procedures described below.
Headquarters concerned calls to the management or security management an overview of the relevant vesting periods of their pertinence and, on the basis of the recommendation, shall determine the cost to be borne by the applicant, according to the criteria in force at the calculation date of the request and shall notify the insured in the usual way.
Once verified the acceptance of the burden of reunion to the person concerned, the Sede dovrà richiedere alle gestioni “alternative” il trasferimento delle somme da queste dovute.
Qualora, invece, entro il termine di legge (60 giorni dalla ricezione del provvedimento di accoglimento della domanda), l'interessato non abbia provveduto a confermare l’operazione di ricongiunzione con il pagamento dell’intero onere o delle prime tre rate, si intende che abbia rinunciato, circostanza che comporta l’improponibilità di una successiva domanda, salvo quanto previsto dall'articolo 4 della legge n. 29/1979.
L'avvenuta rinuncia, tacita o espressa, va notificata alle gestioni “alternative”, affinché ne prendano atto.
Va ulteriormente precisato che, laddove il applicant for the reunion is also the proprietor of contributions from self-employment, but the date of application, be found lacking the requisite five years of contribution required by paragraph 4 of Article 1, the reunion in FPLD must be defined only in relation to periods from the operation "alternative" that the person concerned - in addition to periods of self-employment - from claiming other social security contributions in at least two operations.
It is understood that, in this case, not using the prescribed conditions ricongiungibilità contribution of self, this burden will remain excluded from the operation by the person concerned had to cover only periods of employment from the operation of "alternative".
On reaching the five-year contribution requirement set by paragraph 4 of Article 1, the periods from self-employment may be subject to another reunion at the express, next instance of the person, with costs determined on the basis of the calculation and the provisions at the date of its presentation.
This additional demand must be considered as complementary to the previous one, so the transaction to be eligible you must not take into account the limitations set out in Article 4 of Law No 29/1979, which - as noted - governs the recurrence of the possibility of reunion with regard to contribution periods in time after the first question.
3 - Holders of contributions by INPS and at ENPALS
The relationship between the general compulsory insurance IVS managed by INPS and Compulsory IVS dall'ENPALS managed, for the award of benefits accruing to those claiming contributions at the two institutions are governed by Article 16 of Presidential Decree 31 December 1971, n. 1420. The aforementioned under-recognizes that such workers the right to a single benefit pension contributions by way of transfer of the entity in question is responsible for paying the pension - continues to be applied even after the entry into force of the law in question.
condition arise, workers in receipt of contributions from the two entities is still allowed to make use of the powers referred to in Article 1 and Article 2 of Law No 29/1979, if it is seeking reunion before or simultaneously with that, seeking retirement. On this occasion, the reunion takes place according to the rules and general arrangements provided for that operation and - in any case, from 1 July 2010 - for consideration, as a result of the revised Article 1 of Law No 29/1979 Article 12, paragraph 12septies of Law 122/2010 (entry into force of the law No 122, it was for the only reunion at ENPALS).
4 - Article 2 of Law No 29/1979: Change of parameters of calculating the reunion from the members of the Fund Railwaymen
Article 12, paragraph 12decies of Law 122/2010 spoke on the provisions of Article 4, paragraph 1, the Law of 7 July 1980, no 299, governing the determination of the fee charged to certain categories of public employees in cases of reunion exercised under Article 2 of Law No 29/1979.
The said Article 4 - which, in the field of Social Security, is applicable in the Railwaymen Fund - provides that the actuarial reserve in the share of pension corresponding Reunited periods is determined on the tables in force for the application of Article 13 of the Law of 12 August 1962, No 1338, approved by Ministerial Decree of January 27, 1964. The above paragraph 12decies has now called for the calculation of the cost of rejoining the coefficients should be used for in Article 13 of Law August 12, 1962, No 1338 "as subsequently adjusted in accordance with current legislation." The changes, which extend to the Fund under review the tables in use for the majority of applicants for the reunion, will change the parameters for calculating charges on the application of any interested automatism subsequent changes in the tables themselves (Actually, the coefficients approved by DM August 31, 2007, in force since November 21, 2007) and related instances of reunion for the Fund Railwaymen since July 31, 2010, date of entry into force of Law n.122/2010 .
Except for legislative change just described, are confirmed in the administrative arrangements referred to Circular No 204, 20 November 2001 concerning the criteria and how to define instances of reunion required under Article 2 of Law No 29/1979, for the payment of related fees and disqualification from the faculty.
PART TWO
Repeal of rules concerning the formation della posizione assicurativa nel FPLD gestito dall’INPS
L’articolo 12 della legge n. 122/2010 – con i commi 12octies, 12novies e 12undecies – è intervenuto ad abrogare le norme che disciplinavano le operazioni di trasferimento della contribuzione maturata in vari ordinamenti pensionistici, con conseguente costituzione delle posizioni assicurative nel FPLD dell’AGO.
I commi 12octies e 12novies dispongono, rispettivamente, l’abrogazione delle norme vigenti in materia nei soppressi Fondi Elettrici e Telefonici a decorrere dal 1° luglio 2010.
Il comma 12undecies abroga la legge 2 aprile 1958, n. 322 (che disponeva la costituzione della posizione assicurativa presso l’INPS) and more listed under related provisions governing the operation, with reference to the different sorts of membership of stakeholders:
- Article 40 of Law 22 November 1962, No 1646, which covered employees of state administration and the pension funds of former members of security institutions;
- Article 124 of Presidential Decree of 29 December 1973 No 1092, aimed at military and civilian employees of the State;
- Articles 21, paragraphs 4 and 40, paragraph 3, of Law December 24, 1986, No 958, which related to the military in military service or military service extended.
Unlike the rules that governed the establishment of the position of Funds insurance, electric and telephone - abrogate, come detto, dal 1° luglio 2010 – le disposizioni espressamente individuate dal comma 12undecies sono abrogate a decorrere dal 31 luglio 2010, data di entrata in vigore della legge n. 122/2010.
Poiché il comma 12undecies si è limitato ad abrogare l’istituto della costituzione della posizione assicurativa presso l’INPS, null’altro prevedendo in merito, i destinatari delle disposizioni abrogate - qualora intendano trasferire al FPLD i periodi contributivi maturati nei rispettivi ordinamenti previdenziali - potranno avvalersi esclusivamente della facoltà di ricongiunzione di cui all’articolo 1 della legge n. 29/979, come modificato dall’articolo 12, comma 12septies, della legge n. 122/2010, always to have occurred on the date of an application, all the conditions required for the exercise of that power.
1 - Deleted Funds, electric and telephone
Article 12 of Law No 122/2010, with businesses and 12octies 12novies, spoke on the specific regulation of the deleted funds, electric and telephone: - provides for the repeal of the rules governing its own motion or on application and without payment, the establishment of the position in the insurance fund pensions in favor of employees enrolled in these special regulations - providing that the transfer of contribution periods completed in such funds can only be a consideration, secondo le modalità di cui all’articolo 1 della legge n. 29/1979, come modificato dall’articolo 12, comma 12septies, della legge in esame.
Dal 1° luglio 2010, pertanto, sono abrogati :
- l'articolo 3, comma 14, del decreto legislativo 16 settembre 1996, n. 562, che rendeva possibile il trasferimento delle posizioni assicurative dal Fondo Elettrici al FPLD dell’AGO solo a domanda degli interessati e con le modalità dell’articolo 6 della legge n. 29/1979;
- l’articolo 28 della legge 4 dicembre 1956, n. 1450, che disponeva il trasferimento d’ufficio ed a titolo gratuito della contribuzione dal Fondo Telefonici al FPLD dell’Assicurazione general compulsory in cases of termination of the insurance relationship with the Fund in the absence of requirements to liquidate the pension benefit at the expense of himself.
The establishment of the insurance situation was allowed even in cases where it is refined every age and contribution requirements laid down in these special regulations for pension entitlement, if the application for transfer were prior to the issue of award of the benefit paid by the Funds considered.
1.1 - Constitution of the insurance position according to the old rules to the Law 122/2010
Article 3, paragraph 14 of LD. No Article 28 of Law 562/1996 n.1450/1956 continue to apply in the circumstances specified below.
is considered appropriate to further clarify the above provisions make the establishment of positions in the FPLD to the circumstances that the insured person ceases to service rendered with compulsory membership of the special and that he does not - at that time - the right to benefits under the rules of the Fund membership. Normally, therefore, the possibility of transferring these positions when there is - on leaving - fails even one of the requirements for the emergence of pension rights.
a) workers enrolled in the Electric Fund deleted
Since Article 3, paragraph 14 of Decree No 562/1996 exceeded the criterion of establishment of office of the insurance position to act, stating that "In cases under the third paragraph of art. And the first paragraph of Article 28. Law 29 of March 31, 1956, No 293, and in derogation provided for therein, the insurance position is transferred to the pension fund employees under art. Law 6 of February 7, 1979, No 29, at the request of members to the Fund ... or their survivors when it has not already been paid a pension from the fund itself. It repealed Art. 29, second paragraph, of Law March 31, 1956, No 293., "From 1 July 2010, the contribution gained in the Electric Fund may be transferred in FPLD, in question, only the manner of Article 1 of Law No 29/1979, as amended by that provision.
The only exception is for students enrolled in the Electric Fund in that period prior to November 15, 1996, date of entry into force of Legislative Decree no. 562, had already gained the right to establish the office of the insurance position under Article 29 of Law No 293/1956, having left the service with insurance records less than expected to settle the pension payable from the Fund.
b) workers enrolled in the Fund Telephone
deleted the provision in question repealed Article 28 of Law No 1450/1956 but did not affect the application of that rule in cases where the conditions for the transfer of its own motion or on application, have occurred in the period prior to 1 July 2010.
therefore continue to apply the provisions of Article 28 where one of the following conditions:
1) have ceased membership of the Fund by June 30, 2010, having already completed the requirements for entitlement to a pension, and has filed an application the establishment of insurance position by the same date;
2) he has ceased his membership of the Telephone to the date of June 30, 2010 without having achieved any personal requirements and contributions for the liquidation of retirement benefits or pensions from the Fund.
Regarding the assumptions set out in paragraph 2), if in favor of the persons concerned have been credited with contributions for other periods subsequent to that date, you can proceed with the establishment of the insurance situation in FPLD only on condition that this additional contribution does not there is still sufficient to perfect the right to a pension fund.
In this regard it is noted that the verification of the conditions that determine the establishment of office of the position be established by reference to the contributions accrued at the time of termination of employment which included the requirement to register the Fund. According to the most often cited article 28, the transferability of office is set up because "if the member has ceased to serve in the employ of the companies mentioned in art. 5 without having achieved the right to a pension and has not exercised the option to continue a voluntary membership of the Fund. "
's determination of the transferability of the office could also take place in the examination of the pension claim, provided that the right to establish the position of insurance in FPLD will be achieved only if the subject has ceased the employment relationship by June 30, 2010 and will not be achieved in any event, due to the contribution is not mandatory, credited in the fund after that date, or the right to retirement pension, or to any pension from the Fund Telephone. As mentioned in messages
No And No. 21181 22,889, respectively, of 12 August and 9 September 2010 and in the circular n.126 of 24 September 2010, with which it was made clear that it is not possible to wind up the most favorable treatment from those calculated using the rules of the Fund and the determined according to the norm of the new rules on transfer of insurance position apply to both requests made after 1 July 2010, both those made before that date, that met the requirements, regardless absolutely from the date of the eventual pension.
It seems appropriate to emphasize once again that, unlike the provisions for the reunion, it can request the establishment of the insurance position only when it is no longer an obligation of payment of contributions to the Fund. Consequently, they can be considered properly presented only the instances in advanced date prior to 1 July 2010 and only if the same result, the requirement for termination of enrollment in the Fund.
1.2 - transfer of positions according to the Insurance Law 122/2010
In providing for the repeal of the rules governing the institution della costituzione della posizione assicurativa in favore dei lavoratori elettrici e telefonici, l’articolo 12, ai commi 12octies e 12novies, stabilisce che – a decorrere dal 1° luglio 2010 - il trasferimento delle posizioni assicurative dai rispettivi ordinamenti speciali al Fondo pensioni lavoratori dipendenti debba avvenire secondo le modalità previste dal comma 12septies del medesimo articolo 12 che, modificando i primi 3 commi dell’articolo 1 della legge n. 29/1979, ha introdotto un onere a carico degli interessati.
In conseguenza dell’avvenuta abrogazione delle norme di costituzione della posizione assicurativa e della modifica normativa apportata all’articolo 1 della legge n. 29/1979, con effetto sulle istanze in the period 1 July 2010, the positions of workers insurance, electric and telephone will be transferred to the FPLD only request of those concerned and only for consideration. As the paragraphs and
12octies 12novies concerned, in providing for the repeal of the rules of formation of the insurance position, have laid down new rules to be applied to cases of transfer of positions in FPLD, we believe that this transaction is still like new procedures for setting up of the insurance position and not the actual reunion, without the burden of applicants, calculated according to the criteria established by paragraph 12septies recalled. Unlike normal
reunion - that may FPLD be required in accordance with Article 1 of Act 29 also required a constant contribution to the Fund and that concerns the whole contribution gained by the applicant until the date of the application - the transfer works only on condition that the applicant has left the service involving the membership of the Fund in its favor and that has not been awarded a pension from the fund itself.
If these conditions are met, the transfer takes place even in the absence of other insurance position at the pension fund or employees from another pension arrangement. Likewise it is not precluded from transferring the insurance position in the needle when the face involved also apply to independent contribution (ART, COM, CD / CM) and does not intend or may not make the reunion.
The burden of covering the period of transfer, to be borne by the applicant, is 50 per cent of the value arising from the difference between the mathematical reserves determined on the basis solely of the contribution attributable to the Fund (ie corresponding to the share of pension which would have arisen if the applicant, for periods of membership of the Fund, was instead joined the AG) and the contribution, plus interest at the compound annual rate of 4.50 per cent, covering all periods of insurance completed in relation to the existing insurance into special prejudice to the calculation methods set out in Article 2, paragraph 5, of Legislative Decree no. 184/1997, regarding the subject of transfer periods to be assessed for the purposes of calculating the pension, according to the contribution system. Payment
the burden of the person concerned is governed by the same provisions for the payment of charges for reunion, with the option to continue paying even after the commencement of the pension, retirement, where the withdrawal during the rescheduling. In this case, the monthly payment burden still owed will be deducted from the accrual of pension benefits in favor of the wound. If, however, are suspended payments before you have completed the payment burden, the transfer operation should be canceled with consequent restoration of the position in the insurance fund and refund the entire amount paid to the person (including therefore the share of interest paid monthly by the payment burden in installments). 2 - The Fund Autoferrotranvieri
Leg. June 29, 1996, No 414, which ordered the removal of Autoferrotranvieri Fund with effect from 1 January 1996, provides that all holders of insurance account in that system are entered under the separate accounting evidence FPLD, with the constitution, in their please explain the insurance situation in FPLD, in relation to periods of insurance compulsory, voluntary, figurative, of redemption, of reunion and the periods in any case useful in the Fund suppressed (the Constitution of the positions insurance separate accounts in the evidence did not involve transfer sums of the FPLD).
Article 3, Section 10 of Legislative Decree no. 414/1996 also provides that autoferrotranvieri can use all the periods completed in the suppressed Fund until 31 December 1995 in accordance with the rules governing the law of pensions and the extent of the MA, rather than according to specific rules of the Fund, existing before the deletion .
Since, as noted, the assessment with the norm of respect of the periods Autoferrotranvieri Fund does not involve the transfer of material relating to contributions, as happens in all cases of incorporation of the FPLD insurance position, the provisions introduced in Article 12 of Law No 122/2010 on the establishment of the insurance situation is not deleted those enrolled in the Fund in respect of which therefore continues to apply Article 3, Section 10 of Legislative Decree no. 414/1996.
3 - Flight Fund: effects arising from Article 12, paragraph 12septies of Law 122/2010
As is well known, Article 2, paragraph 6, of Legislative Decree 24 April 1997 n. 164 – intervenuto ad abrogare l'articolo 38 della legge 13 luglio 1965, n. 859, e l'articolo 13 della legge 31 ottobre 1988, n. 480, che hanno disciplinato la costituzione della posizione assicurativa dal Fondo Volo al FPLD dell’AGO fino al 30 giugno 1997 – ha disposto che le operazioni di trasferimento delle posizioni assicurative dal predetto Fondo all’Assicurazione generale obbligatoria debbano avvenire in applicazione dell'articolo 1 della legge n. 29/1979.
Con effetto dal 1° luglio 1997, pertanto, la costituzione della posizione assicurativa è avvenuta solo a richiesta degli interessati e senza oneri per gli stessi, mediante trasferimento dal Fondo all’AGO della contribuzione di copertura dei periodi interessati, quantified in the manner specified in paragraph 2 of the said Article 1 of Law No 29.
As a result of the intervention of legislative amendment contained in Article 12, paragraph 12septies of Law 122/2010, the application of Article 1 of Law No 29/1979 also involves the payment of a burden on the applicant.
Therefore, with effect on the applications submitted from 1 July 2010, the transfer of the insurance situation to the Pension Fund by the Fund Flight employees shall be solely for consideration, according to the calculation methods proposed for determining charges for reunion.
The value of the coverage period of transfer, to be borne by del richiedente, è pari al 50 per cento dell’importo ottenuto per differenza fra la riserva matematica determinata sulla base della sola contribuzione di pertinenza del Fondo (cioè corrispondente alla quota di pensione che sarebbe derivata al richiedente qualora, per i periodi di iscrizione al Fondo, fosse stato invece iscritto all’AGO) e la contribuzione, maggiorata di interessi al tasso annuo composto del 4,50 per cento, relativa a tutti i periodi contributivi maturati in relazione alla preesistente assicurazione nel Fondo, salve le modalità di calcolo di cui all’articolo 2, comma 5, del D.Lgs. n. 184/1997 relativamente ai periodi oggetto di trasferimento da valutare, ai fini del calcolo della pensione, secondo il sistema contributory. Payment
the burden of the person concerned is governed by the same provisions for the payment of charges for reunion, with the possibility of continuing beyond the rescheduling of the pension.
Without the burden of the transfer described above, are confirmed with the criteria that govern the transit period of contributions from the Fund, the AG, in Section 5 of the circular 257, December 18, 1997.
4 - Back Railwaymen: Repeal Article 124 of Presidential Decree 1092/1973
The transfer of Railwaymen INPS contribution by the Fund and the subsequent establishment of the insurance position in FPLD are governed by Article 241 of Presidential Decree of 29 December 1973 No 1092, which extends to the ordering rules on the establishment of the insurance position at Social Security, as contained in Articles 124 to 127 of that decree.
Since Article 12 of Law No 122/2010, with the paragraph 12undecies, repealed Article 124 of Presidential Decree 1092/1973 No 1092, with no effect on entitlement to a pension terminations occurred since July 31, 2010, members of the Fund will be able to rejoin the Railwaymen in FPLD insurance position only by applying Article 1 of Law No 29/1979, as amended by paragraph 12septies the same article 12, for consideration and on the basis of general criteria governing the institution of the reunion, summarized in paragraph 1 of this circular.
Please note that - contrary to the provisions made for the reunion in the Fund under Article 2 of Law No 29/1979, which are subject to the terms of rescheduling the burden of redemption under Article 150 of Presidential Decree n.1092/1973 (payment in a number of installments not exceeding one month of the reunited, no extra interest charged to the applicant) - the year of reunion under Article 1 includes the application of general criteria: if you pay in installments the person shall pay the amounts due to a number di rate non superiore alla metà delle mensilità dei periodi ricongiunti, con maggiorazione per interessi al tasso annuo composto del 4,50 per cento.
Si applicano pertanto tutti i criteri previsti per la generalità dei soggetti che chiedono la ricongiunzione nel FPLD ai sensi dell’articolo 1 della legge n. 29/1979.
5 - Articolo 12, comma 12undecies: abrogazione della legge n. 322/1958 e di ulteriori disposizioni correlate
Le disposizioni che, nei vari ordinamenti pensionistici “alternativi” all’Assicurazione generale obbligatoria, hanno regolato la costituzione della posizione assicurativa presso l’INPS nel caso di cessazione dal servizio del dipendente senza diritto pension, provided that such operation to be carried motion or application, without expense to the parties concerned, according to specific standards.
In particular, in cases of incorporation of the insurance situation governed by Article 40 of Law No 1646/1962, the transaction was subject to the presentation of explicit request, in accordance with the express provisions of Article 38, last paragraph, of Law No 1646.
As a result of the provisions of Article 12, paragraph 12undecies of Law 122/2010, which repealed the constitution of the institute insurance position at Social Security, you can not transfer the contribution in FPLD in favor of actors
- whose service was terminated after July 30, 2010, assuming that the transfer of insurance periods should be made ex officio;
- required to submit the required application, if they have not done so by July 30 2010, although the termination of service occurred before that date.
but does not arise from the effects produced by the above paragraph 12undecies and continue to be eligible for transfer of the contribution without charges against them in favor of subjects such as office work of the establishment of the insurance position, whose service was terminated without pension rights by July 30, 2010 and those who have to submit specific instance, have chiesto all’INPDAP la costituzione della posizione assicurativa prima dell’entrata in vigore della legge n. 122/2010.
La verifica delle condizioni che, sulla base delle disposizioni oggetto di abrogazione, consentono ancora la costituzione della posizione assicurativa presso l’INPS rientra nell’esclusiva competenza dell’Ente che ha in carico la relativa contribuzione.
Si ritiene comunque che, anche nei confronti di soggetti cessati anteriormente alla data del 31 luglio 2010, debba essere preventivamente accertato presso l’Ente interessato che ricorrano le condizione per procedere al trasferimento presso l’INPS della contribuzione versata in loro favore, qualora chiedano la valutazione dei relativi periodi ai For the attainment of the requirements for pension entitlement, producing a copy of the request to create insurance position. The Director General Nori
RECIPIENTS
HQ Pensions
For Executives central and peripheral
the directors of agencies
the general coordinator, central and peripheral branches of the General Coordinator Medical Professional
legal and medical directors
And, knowledge, the President
The Chairman and Members of the Supervisory Board of Trustees
The Chairman and Members of the Board of Auditors
the Judge of the Court of Accounts Officer to supervise the Chairmen of the Committees
fund managers, management and funds
The Chairman of the Central Commission for the assessment and collection of contributions unified agricultural
To the Presidents of the Regional Committees
To the Presidents of the Provincial Committees
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