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The service allows individuals to send a claim for disapplication of the contribution ceiling for employees of public administrations enrolled, since 1 January 1996, in mandatory pension schemes.
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Publication: 29 December 2022 Latest update: 28 February 2023
What is it?
Workers in service in the public sector, who have been enrolled in a mandatory pension scheme since 1 January 1996, may request the disapplication of the ceiling of the contribution and pensionable base (provided for in Article 2, paragraph 18, Law no. 335/95), on the remuneration periods after the date of the claim, if no forms of supplementary pension have been activated for the same workers (Article 21, Decree-Law no. 4 of 28 January 2019, converted with amendments by Law no. 26 of 28 March 2019).
Who is it aimed at?
The following categories of workers may request the disapplication of the contribution ceiling:
- employees of public administrations (referred to in Article 1, paragraph 2, and Article 3 of Italian Legislative Decree no. 165 of 30 March 2001);
- employees of the Independent Administrative Authorities;
- employees of legally recognised non-state universities qualified as non-profit public bodies;
- personnel under public law (e.g. ordinary, administrative and accounting magistrates, lawyers and state prosecutors, etc.) and other categories of employees for whose legal treatment the legislative provisions refer to one of the above-mentioned categories.
How does it work?
The claim for disapplication, sent online, is handled by the operator who proceeds with the investigation by verifying:
- the date of enrolment and social security insurance from 1 January 1996;
- the disapplication of forms of supplementary pension schemes with contributions from the employer in the sector in which the employee works;
- the absence of any imputed credits or redemption requests that determine the change of the status of new enrollee on 1 January 1996.
If the claim is accepted, the disapplication of the ceiling will take effect from the remuneration period that follows the submission of the claim.
If forms of supplementary pension are subsequently activated, the ceiling will be applied once again from the month in which the enrolment of the worker concerned is effective.
The decision, either to accept or reject, is communicated to the employer and to the interested party.
In the event of a decision to reject, it is possible to submit an administrative appeal within 30 days to the Supervisory Committee for Public Pension Schemes or, within 90 days, to the Committee of the different private pension scheme in which the worker is enrolled (pursuant to Law no. 88/1989).
Claim
WHEN CAN I CLAIM?
The claim must be submitted within the following deadlines:
- for employees working as at 29 January 2019 (date of entry into force of Decree-Law no. 4/2019):
- within six months of 29 January 2019, if in previous years the taxable income for pension purposes exceeded the contribution ceiling (final deadline 29 July 2019);
- within six months of the date on which the maximum ceiling was exceeded, if in the years prior to 29 January 2019 the taxable income for pension purposes did not exceed the contribution ceiling;
- for employees hired from 30 January 2019 (day after the date of entry into force of Decree-Law no. 4/2019):
- within six months of the date of hiring or the date on which the threshold was exceeded.
HOW CAN I CLAIM?
The claim must be made online using the appropriate service.
Alternatively, the claim can be made by:
- phoning the contact centre at 803 164 (free from Italian landlines) or 06 164164 from mobile phones;
- On-line services offered by patronage institutes and intermediaries of the Institute.
Until 30 June 2022 it was possible to submit the claim via form AP136.
For further information, please refer to:
- INPS circular no. 93 of 17 June 2019;
- message no. 2847 of 25 July 2019;
- message no. 4485 of 27 November 2020;
- message no. 3783 of 4 November 2021;
- message no. 2554 of 24 June 2022.
Processing times of the decision
The ordinary deadline for issuing the decisions is set at 30 days under Law no. 241/1990.