EPAP, the social security institution for geologists, chemists, agronomists/foresters and actuaries, appealed to the Lazio Regional Administrative Court against the lack of approval by the Ministry of Labor of its own contribution reform.
The object of the dispute is article 4, which provides for the increase of the supplementary contribution (the one that customers pay on the invoice) from the current 2% to 4% pursuant to law n. 133/2011, better known as the Lo Presti law. According to the Ministry of Labour, the 2% increase (which would bring the rate to 4%) can apply to private clients but not to public administrations, to which the 2% should continue to be applied. Hence the non-approval of the institution's contribution reform.
The Epap considers this interpretation of the Lo Presti law truly unique, which provides that there are no costs for the "public finance" (and not for the public administrations tout-court), but only for the sustainability of the institutions. It would be as if the public administrations did not pay the VAT shown on the invoice or paid it reduced by half.
Before EPAP, two other social security institutions suffered the same fate: Enpapi (professional nurses) and Eppi (industrial experts). The absurdity of this interpretation - underlines the Epap - can be seen in a pro-veritate opinion expressly requested by Eppi and in a parliamentary interpellation sent to the Government by the Hon. Nino Lo Presti himself, first signatory of law 133/2012 which leads his name, to which the Deputy Minister of Labor and Social Policies Michel Martone replied. Suffice it to recall that surveyors, engineers/architects, accountants and lawyers always include a 4% supplementary contribution in their invoices for both private and public clients.
Against the determination of rejection of the contribution reform by the Ministry of Labour, EPAP has therefore decided to oppose an appeal to the Lazio TAR. To support the reasons, the Cassa dei Ragionieri and the entire Adepp, or the association of social security institutions for freelancers, also joined the appeal.
“The Lo Presti law – underlined the president of EPAP Arcangelo Pirrello – was the first (and the only) law to meet the primary need to allow the private social security institutions of freelancers to give at least decent pensions. The pure contributory system, in fact, if it is able to guarantee long-term sustainability, produces an inevitable discomfort in the amount of pensions which are currently characterized by a replacement rate of 20%: this means that with 37 years of contributions one will receive a pension equal to just 20% of the last income.
The Lo Presti Law allows for an increase in the supplementary contribution which, in fact, produces a drag on the subjective contribution (from 10% to 15% according to the Epap reform) and therefore higher amounts and less mortifying pensions”.
“With an interpretation that is nothing short of 'free'” – observed Pirrello again – “the Ministry believes that the increase in the supplementary contribution should be exclusively on professional services to private individuals. Furthermore, this would create a serious disparity between the pensions of professionals who work with public clients and the pensions of professionals who mainly work with private clients. The State, which is called upon to supervise the adequacy (and naturally the fairness) of pensions pursuant to Article 38 of the Constitution, cannot allow such an unfair and unjust interpretation”.
