Survivor's Pension: Analysis of Order No. 23204 of 2024 and Calculation Criteria for Survivors

The world of pensions is a complex area, and the recent Order No. 23204 of August 27, 2024, issued by the Court of Cassation, offers important food for thought regarding the survivor's pension. This ruling, issued in a context of co-ownership, clarifies some essential aspects for the recalculation of the pension due to survivors. Let's delve into the details and implications of this decision.

Context of the Ruling

The Court of Cassation ruled on an issue involving the cessation of the co-ownership regime in survivor's pensions. In particular, the order clarifies that, upon the termination of such a regime, the pension due to the remaining survivor must be calculated not based on what was received during the period of co-ownership, but through a notional calculation. This calculation must start from the date of death of the deceased, using the amount of the pension that would have been due to the original beneficiary.

Survivor's Pension - Cessation of Co-ownership Regime - Pension Due to Remaining Survivor - Calculation Criteria - Automatic Indexation pursuant to Law No. 140 of 1985 - Applicability - Relevance of Minimum Pension Supplement - Existence. In the matter of survivor's pensions, upon the cessation of the co-ownership regime among beneficiaries of the survivor's pension, the pension of the remaining survivor must be recalculated, taking into account not what was received during the period of common ownership, but by performing a notional calculation, starting from the date of death of the deceased, which refers to the amount of the direct pension due to them. However, if this pension was already supplemented to the minimum pension pursuant to Article 6 of Legislative Decree No. 463 of 1983, converted with amendments into Law No. 638 of 1983, the increases derived from the automatic indexation introduced by Article 4 of Law No. 140 of 1985 cannot be included, as they must be determined considering the calculated amount of the original beneficiary's pension and not the amount resulting from the minimum supplement.

Implications of the Decision

This ruling has significant consequences for survivors and for lawyers dealing with social security law. Indeed, the Court has established that, in case of cessation of the co-ownership regime, what was received during the period of shared pension cannot be considered; instead, a new assessment must be made based on well-defined criteria. This approach aims to ensure greater fairness in the distribution of pension resources.

Conclusions

In conclusion, Order No. 23204 of 2024 represents a significant step in the jurisprudence concerning survivor's pensions. The clarity on calculation criteria and the importance of a notional calculation offer legal professionals and beneficiaries useful tools to better understand their rights. It is essential for professionals in the field to stay updated on these regulations to adequately assist their clients, ensuring the correct application of social security laws.