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The Service allows those enrolled in the Unified Scheme of Credit and Social Benefits, from 1 February 2023, to obtain the amount of the accrued and unpaid TFS (Leaving indemnity for civil servants), net of interest and expenses.
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LinkedinPublication: 24 January 2023
What is it?
The ordinary advance of the TFS (Leaving indemnity for civil servants), from 1 February 2023, allows those enrolled in the Unified Scheme of Credit and Social Benefits to obtain the amount of the accrued and unpaid TFS, net of interest and expenses, without having to wait for it to be collectable and disbursed within the terms provided for by current legislation.
Who is it aimed at?
The advance of the TFS may be claimed by those enrolled in the Unified Scheme of Credit and Social Benefits whose service is terminated and who are entitled to a TFS benefit not yet fully disbursed, for the related amounts accrued, available and not yet collectable.
How does it work?
The advance may be requested for the entire amount of the accrued TFS or for part of it.
The advance of the TFS is subject to the application of a fixed interest rate for the entire duration of the loan, which is currently equal to 1%.
The interest is calculated on the period from the disbursement of the loan to the date on which the TFS is collectable plus the period necessary for its credit (three months from the date on which the first instalment is collectable, 30 days from the possible date on which the second and third instalments are collectable), unless the relative recalculation is carried out on the basis of the actual payment of the sums to the Unified Scheme and the possible return to the enrolled individual of the sums withheld in excess.
A withholding tax of 0.50% for administrative expenses is applied to the amount of the TFS advance, gross of interest.
With the disbursement of the loan, the user will receive as a lump-sum payment the amount corresponding to all the TFS advance, net of interest and expenses. This sum will be returned to the Unified Scheme of Credit and Social Benefits directly from the body paying the TFS (INPS or entity other than INPS), on the dates on which the payment would have been made to the claimant.
Claim
Requirements
Pensioners who have confirmed their enrolment in the Credit Fund for the period of retirement and are therefore enrolled in the Scheme may request the advance, provided that their TFS is accrued, available and not yet collectable.
In the event of a person whose service is terminated, who is not entitled to a pension but has new employment, the loan may be disbursed if, at the time of the claim, the claimant is enrolled in the Unified Scheme of Credit and Social Benefits, and if the TFS is accrued, available and not yet collectable.
Those whose service has been terminated without the right to a pension and without new employment that involves the compulsory or voluntary enrolment in the Unified Scheme of Credit and Social Benefits, will not be eligible for the benefit since, in order to be eligible, it is essential that the claimants are enrolled in the Scheme both at the time of submitting the claim and at the time it is granted.
How can I claim?
The claim must be submitted exclusively online, subject to the penalty of inadmissibility, as from 1 February 2023, by logging in to the Service on this page.
It is possible to submit a claim for TFS advance after termination of service if you are retired, or newly employed, provided that the new employment involves the automatic or voluntary enrolment in the Unified Scheme of Credit and Social Benefits.
In the event of other transfers or constraints on the TFS, it is possible to request the advance of the Indemnity limited to the portion still "free" from constraints or transfers.
The claimant must specify in the claim whether the loan is requested for the entire amount of the available TFS or for a smaller amount, indicating in this case the size.
It is also necessary for the claimant to specify whether the TFS will be paid following retirement or termination of service without the right to a pension, and new employment with enrolment in the Unified Scheme.
The enrolled individual must also indicate that, if the sum requested is not available, they still intend to request a loan for the amount that is actually available.
The claimant is required to accept that any arrears accrued on previous loans obtained from the Unified Scheme and the related interest must first be reimbursed with the amount financed. It is also the right of the enrolled individual to request the early extinction of other loans obtained from the Unified Scheme which are not in arrears and with amortisation in progress.
It is possible to claim the advance of the TFS both in the event that the Indemnity is to be provided by INPS, and in the event that the paying Institution is different from the Institute.
In the event that the Institution paying the TFS is different from INPS, the claimant must attach to the advance payment claim the TFS certificate obtained from the competent Institution, which must certify the amounts available and the relevant dates these are collectable.
In the event that the Institution paying the TFS is INPS, if the enrolled individual has already submitted a request for Certification of the Indemnity for ordinary and/or facilitated advance with credit institutions and/or other claim for Advance to individuals enrolled in the Unified Scheme, the new loan claim can only be processed once the previous ones have been closed, with the transfer and consequent acknowledgement or waiver by the citizen.
The claim cannot be accepted if the Certification shows that the single or last instalment of the TFS must be paid within six months from the date of the advance payment claim.
Once the formal checks on the submitted claim have been passed, the claimant receives a notice of availability of the draft contract proposal to be submitted to the Institute. Within 30 days of the notice, the enrolled individual may forward the contract proposal to the Institute through their personal MyINPS section. If the proposal is not submitted within the deadlines indicated, the claim shall be considered cancelled due to waiver by the interested party.
Once the transfer proposal has been received and the relevant checks have been passed, the proposal is accepted and the user is notified. At this point, the advance contract is concluded, but it shall be effective only with the positive acknowledgement issued by the Institution paying the Indemnity.
The enrolled individual may withdraw from the advance of the TFS before acceptance by the Institute of the contractual proposal and in this case is not required to pay any amount, not even for administrative expenses. After acceptance of the proposal by the Institute, it is no longer possible to withdraw from the contract.
After 30 days from the request for acknowledgement sent by the Institute, in the absence of a response from the paying Institution, the advance contract is automatically terminated. If the acknowledgement is negative, certifying that no sums are available for the transfer of the Indemnity, the contract shall not be effective. In the event of partial availability of the TFS, the contract is valid for the least amount available. Notice of any termination, ineffectiveness or lesser amount available is given to the enrolled individual.
Once the positive acknowledgement has been obtained, the Institute disburses the loan, first by recovering any arrears on previous loans disbursed by the Scheme, then by early extinction of any other loans of the Scheme requested by the enrolled individual and finally by crediting the enrolled individual with any amount remaining.
Both in the event that the Institution paying the TFS is INPS, and in the event that it is different from INPS, it shall reimburse the sums corresponding to the transferred TFS, paying the relative amounts directly to the Unified Scheme of Credit and Social Benefits, on the dates and to the extent indicated in the relevant acknowledgement; the amortisation does not provide for any disbursement for the beneficiary who transferred the Indemnity and any delays in reimbursing the Scheme of the transferred TFS do not entail any interest on arrears for the enrolled individual. If, on the other hand, reimbursement has taken place in advance of that which was considered for the calculation of the interest, the Institute proceeds with the relative recalculation and repays the enrolled individual the sums that have been withheld in excess.
The duration of the amortisation is determined according to the deadlines provided for in the Certification issued by the paying Body Institution and in the subsequent acknowledgement; the possibility of early extinction of the disbursed loan is not envisaged.
Any portion of TFS not transferred and not subject to other constraints is credited to the claimant considering the priority of returning to the Scheme the amounts transferred.
In the event that the positive acknowledgement of the paying Institution is incorrect, any difference between the amount provided in advance and the amount actually available will be charged to the paying Institution which, without prejudice to the possibility of recourse against the enrolled individual, will reimburse the amount due to the Scheme.
In the event of retirement under the “Quota 100” and “Quota 102” schemes, in case of adjustment of the access requirements for retirement, the interest applied to the loan will be recalculated; if the claimant has a credit balance, they will receive payment after full repayment of the advance; if they have a debit balance, the sums due will be withheld within the limits of the law on the pension or requests for payment to the beneficiary.
Processing times of the decision
The deadline to define the decision is set at 180 days.
The table attached to the Regulation for defining the deadlines for concluding administrative procedures adopted by INPS, pursuant to Article 2 of Law no. 241/1990 and subsequent amendments and additions, shows both the deadlines for defining the decisions established by the Institute that are longer than the normal 30-day period, and the indication of the relative manager.