Commentary on Ruling Order No. 10540 of 2024: Unseizability of Pension Benefits

The recent Order No. 10540 of April 18, 2024, issued by the Court of Cassation, offers significant insights into the issue of the unseizability of pension benefits. In an ever-evolving legal landscape, it is crucial to understand the implications of this ruling, particularly concerning pension benefits deposited into a current account and the procedures for forced execution.

Regulatory Context

The primary reference norm in this matter is Article 545 of the Code of Civil Procedure, which governs the unseizability regime for certain incomes, including pension benefits. However, the amendment introduced by Legislative Decree No. 83 of 2015 changed the landscape, introducing new rules for the seizability of sums credited to current accounts.

Pension benefits - Deposit into a current account - Unseizability constraint under Article 545 of the Code of Civil Procedure in the version preceding the amendments made by Legislative Decree No. 83 of 2015, converted with modifications into Law No. 132 of 2015 - Applicability - Exclusion - Rationale. In matters of third-party forced execution, pension benefits deposited into a current account and seized prior to the entry into force of Legislative Decree No. 83 of 2015 (converted, with modifications, into Law No. 132 of 2015), amending Article 545 of the Code of Civil Procedure, are subject to the ordinary regime of fungible assets according to the rules of irregular deposit. Under this regime, deposited sums lose their identity as pension credits and are therefore not subject to the limits of seizability dependent on the causes that gave rise to the credits, with the consequent application of the general principle set forth in Article 2740 of the Civil Code.

Implications of the Ruling

The Court has established that pension benefits, if deposited into a current account and seized before the entry into force of the 2015 amendments, no longer enjoy the protection provided for pension credits. This means that:

• Sums deposited into the account lose their identity as pension credits.
• They are no longer subject to the limits of seizability originally provided.
• Instead, the general principle set forth in Article 2740 of the Civil Code applies, which allows for the seizure of assets based on their fungible nature.

Conclusions

This ruling represents an important clarification on the regulation of the unseizability of pension benefits, particularly concerning sums already credited to a current account. The consequences of this decision can have a significant impact on both debtors, who see a reduction in the protection of their income, and creditors, who can access previously protected sums. It is therefore essential for all parties involved to stay updated on legislative and jurisprudential developments in this area.