Early Retirement Pension for Invalidity: Analysis of Ordinance No. 22227 of 2024

The recent Ordinance No. 22227 of the Court of Cassation, dated August 6, 2024, offers important clarifications regarding early retirement pensions for invalidity. This ruling is part of a context of regulatory evolution, where increasing life expectancy has led to an increase in the retirement age. The ordinance in question establishes that, despite the condition of invalidity, the right to an early retirement pension must comply with the new provisions concerning the retirement age.

The Regulatory Context and the Court's Ruling

The Court of Cassation, in its ordinance, states that early retirement pensions for invalidity are subject to the increase in retirement age provided for by art. 22-ter, paragraph 2, of Legislative Decree No. 78 of 2009. This means that, even in the presence of invalidity, the individual must meet the age requirements established by current legislation. The ordinance clarifies that invalidity is a necessary condition to access early retirement, but it does not alter the nature of the benefit, which remains a retirement benefit.

Early retirement pension for invalidity - Increase in retirement age due to increased life expectancy - Applicability - Basis. Early retirement pensions for invalidity are subject to the general provision of increased retirement age due to increased life expectancy as per art. 22-ter, paragraph 2, of Legislative Decree No. 78 of 2009, converted by Law No. 102 of 2009, as the existence of a state of invalidity is only the condition under which the right to a retirement benefit can be acquired based on the age requirement in force before the entry into force of Legislative Decree No. 503 of 1992, without, however, distorting the nature of the benefit, which remains a direct retirement benefit, ontologically different from direct invalidity benefits.

Implications for Citizens

This ruling has significant repercussions for citizens who are in a situation of invalidity and aspire to obtain an early retirement pension. In summary, the main implications are:

• Necessity to comply with new age requirements, even in the presence of invalidity.
• The condition of invalidity does not alter the nature of the pension benefit.
• Possible future appeals for regulatory adjustments or for specific situations of applicants.

Conclusions

In conclusion, Ordinance No. 22227 of 2024 represents an important step in the legislative path concerning pensions. It clarifies that, although invalidity grants the right to pension benefits, the new rules on retirement age must be respected. This raises questions about how the pension system adapts to the needs of an ever-evolving population, where the average age is increasing and life expectancies are lengthening. It will be crucial to monitor future regulatory and jurisprudential developments to ensure that citizens' rights are always protected.