Analysis of Judgment No. 22903 of 2024: Disability Pension and Notarial Functions

Judgment No. 22903 of August 19, 2024, issued by the Court of Cassation, offers significant insights into the regulation of disability pensions for notaries. In particular, the Court reiterated that the recognition of a disability pension is conditional upon the actual or legally possible exercise of notarial functions, thus excluding the possibility of benefiting from such a pension in cases of suspension of activity for disciplinary reasons.

Prerequisites for Disability Pension

The Court referred to Article 10, paragraph 1, letter b), of the Regulation on the social security and solidarity of the National Notarial Fund, stating that:

In general. Article 10, paragraph 1, letter b), of the Regulation for the social security and solidarity activity of the National Notarial Fund constitutes a provision of a contractual nature, which is exempt from constitutional review, and – in line with the reasons that the entity, in its autonomy, has attributed to the protection of its members – must be interpreted to mean that the recognition of a disability pension presupposes the current, or in any case legally possible, exercise of notarial functions and the impossibility of continuing them due to a subsequent disability. (In the specific case, the Supreme Court confirmed the appellate judgment that had rejected the appeal of a notary, forced to suspend his activity many years earlier as a result of a disciplinary measure).

This interpretation emphasizes the importance of actively performing notarial functions, establishing a clear distinction between disability and the consequences of disciplinary measures. Therefore, a notary who has undergone a suspension for disciplinary reasons cannot claim a disability pension, even if their health condition does not allow them to practice.

Implications of the Judgment

The implications of this order are manifold and can be summarized in the following points:

• Clarity on the requirements for disability pension.
• Clear distinction between disability and disciplinary measures.
• Recognition of the contractual nature of the provisions of the Regulation of the National Notarial Fund.

This judgment represents an important reference point for notaries and legal professionals dealing with social security law, as it clarifies the context in which a disability pension can be requested and the limits of such a request.

Conclusions

In conclusion, judgment No. 22903 of 2024 by the Court of Cassation offers an important interpretation of the Regulation of the National Notarial Fund, clarifying that the recognition of a disability pension is not automatic and must be accompanied by the actual exercise of notarial functions. This decision prompts reflection on the importance of adequate protection for professionals in the sector, but also on the need for a correct framing of disability situations in relation to any disciplinary measures.