Commentary on Ordinance No. 11336 of 2024: Unemployment Benefit and Figurative Contributions

The recent Ordinance No. 11336 of April 29, 2024, issued by the Court of Cassation, sheds light on a matter of crucial importance for unemployed workers: the possibility of using the period of receiving unemployment benefit as figurative contributions for pension purposes. This ruling, with judges F. G. and L. S. as rapporteurs, clearly establishes the necessary conditions for such a period to be considered useful for the accrual of pension rights.

Regulatory Context

According to Article 10 of Presidential Decree No. 818 of April 26, 1957, to benefit from figurative contributions during a period of unemployment, it is necessary to have paid at least one year of mandatory contributions to INPS (the Italian National Social Security Institute) in the five years preceding the unemployment event. The Ordinance in question clarifies that, in the absence of this requirement, the period of receiving unemployment benefit cannot be used for the calculation of the pension amount.

Unemployment benefit - Usability of the benefit period as figurative contributions - Conditions - Prior payment to INPS of one year of mandatory contributions - Absence - Exclusion. The period of receiving unemployment benefit cannot be used as a period of figurative contributions, useful for both the accrual of rights and the calculation of the pension amount, in the absence of one year of mandatory contributions paid to INPS in the five-year period preceding the unemployment event, as expressly provided by Article 10 of Presidential Decree No. 818 of April 26, 1957.

Implications for Workers

This decision has significant implications for workers facing unemployment. In particular, the ruling emphasizes the need for adequate pension planning. It is not enough to receive unemployment benefit; it is essential for workers to be aware of their contribution status and the requirements necessary to access a decent pension. Therefore, it is essential for workers to:

• Verify their contributions paid to INPS.
• Obtain information on the requirements for pension access.
• Consider the importance of maintaining stable employment to accumulate the necessary contributions.

Conclusions

In conclusion, Ordinance No. 11336 of 2024 represents an important clarification in the regulations concerning unemployment benefit and figurative contributions. It is crucial for workers to fully understand the conditions required to best utilize periods of unemployment for pension purposes. Awareness of these requirements can make the difference between an adequate pension and a situation of economic hardship once work activity ceases. Therefore, it is advisable to consult with experts in the field for assistance and support in managing one's pension position.