The 2020 Budget Law provides that, limited to the years 2020,2021, 2022, 2023 and XNUMX, they can access the early retirementwith at least 35 years of contributions in the compulsory general insurance for invalidity, old age and survivors, polygraphic workers of companies that print daily newspapers and periodicals and companies that publish daily newspapers, periodicals and press agencies, which have presented to the Ministry of Labor between 2020 January 31 and 2023 December 24 company reorganization or restructuring plans with a duration no more than XNUMX months, even continuous.
However, they remain from the provision excluded the cases of cessation of the production activity of the company or of a branch of it even in the event of bankruptcy and the cases of solidarity contracts.
SPENDING LIMITS AND TRACKING
These early retirements are paid within the spending limit of 26,7 million euros for the year 2020, 44,6 million for the year 2021, 51,2 million for the year 2022, 54,7 million for the for the year 2023, 50,8 million for the year 2024, 33,3 million for the year 2027, which constitutes the expenditure ceiling.
INPS will monitor the applications for retirement presented, according to the order of signing of the relative procedural agreement.
If, from the examination of the applications submitted, it emerges that the spending limits envisaged for the implementation of this measure have been reached, even in prospective terms, the Institute will not examine further applications for retirement.
MINISTERIAL DECREE
The workers of the aforementioned companies in the publishing sector must be admitted by ministerial decree to the extraordinary treatment of wage integration aimed at early retirement within the limit of the units admitted by the Ministry of Labour.
WORKERS CONCERNED
The workers who mature the 35-year contribution requirement, envisaged for the years from 2020 to 2023, within the period of use of the extraordinary wage integration treatment and in any case no later than 31 December 2023 are affected.
For the purposes of completing the requirement, all credited contributions and therefore also notional, voluntary and redemption contributions are considered. The pension treatment starts from the first day of the month following the one in which the application is submitted, subject to termination of the employment relationship. The provisions on adjustment to life expectancy do not apply to it.
The early retirement application must be submitted, in the usual manner (online, Contact Center, Patronati, Caf or other INPS intermediaries), under penalty of forfeiture:
- within 60 days of admission to Cigs treatment, if the worker concerned has already acquired the required contribution requirement;
- within 60 days of the accrual of the necessary contribution seniority, if the worker completes the contribution requirement in the period of use of the Cigs.
EMPLOYER FULFILLMENTS
The application for early retirement must be accompanied by a declaration from the employer certifying:
- that the worker who benefits from the extraordinary wage integration treatment is one of the units admitted by the Ministry of Labor to early retirement;
- the date of presentation of the corporate reorganization or restructuring plan in the event of a crisis;
- the date of signing of the procedural agreement;
- the details of the authorization provision of the Cigs.
INPS CHECKS
The local INPS structures must verify, in addition to the correctness of the documentation presented and the worker's requirements, in particular whether the worker himself is included in the lists made known at the end of the monitoring procedure.
For this purpose, the Ministry of Labor sends the individual procedural agreements to the Institute, as soon as they are concluded and in compliance with the chronological order of signing, attaching to each agreement the list, provided by the employer, of the subjects admitted to early retirement with the related personal data.
RELEASE IN TERMS
The deadline for submitting the early retirement application, as seen, only runs, in the event of accrual of the prescribed contribution requirement, within the period of use of the extraordinary redundancy fund.
Therefore, the accrual of the contribution requirement during the period of use of the ordinary redundancy fund with reason for Covid-19, granted pursuant to Cura Italia decree of last March, subject to the suspension of the extraordinary redundancy fund, is not useful for the purposes of accessing early retirement.
Consequently, workers placed in ordinary layoffs with reason "Covid-19 for Cigs suspension", for the purposes of accessing early retirement, must be readmitted to the extraordinary treatment of layoffs for corporate restructuring or reorganization due to crisis.
The law of 13 October 2020 n. 126 converting the "August" Decree-Law has in fact established that subjects in possession of the requisites prescribed for access to early retirement in question and whose deadline for submitting the application has expired after 1 February 2020 (date of the declaration of the state of emergency), but no later than 14 December 2020 (60 days from the entry into force of Law 126/2020), are put back in time if they present the pension application by 14 December 2020.
In this regard, the INPS, with circular no. 126 of 6 November, underlines that, in accordance with the regulation of early retirement in the publishing sector, it is necessary that the workers concerned, without prejudice to the existence of all the other requirements, have accrued the contribution requirement within the period of use of the extraordinary wage integration treatment aimed at early retirement and that the last contribution is credited for the same treatment.
Workers in possession of the prescribed requisites will therefore be able to present the pension application within the limitation period as identified above, even if on the date of presentation of the application the employment relationship has not yet been terminated, it being understood that the pension will start from the first day of the month following the cessation of employment.
