Comment on the Order Judgment No. 8631 of 2024: Neutralization of Registration Periods in Public Welfare

The recent Order No. 8631 of April 2, 2024, issued by the Court of Cassation, provides significant insights regarding social welfare and pension rights. In particular, this ruling focuses on the benefit of so-called neutralization, as provided by Article 37, last paragraph, of Presidential Decree No. 818 of 1957, and its applicability to those enrolled in the exclusive pension management for public employees.

The Regulatory Context of the Ruling

Article 37 of Presidential Decree No. 818 of 1957 establishes that the periods of enrollment in mandatory welfare schemes other than those substituting for insurance against disability, old age, and survivors are not considered in the five years preceding the application for benefits. This means that the periods of enrollment in these welfare schemes do not contribute to determining the insurance requirement necessary to obtain the requested benefit.

Benefit of the so-called neutralization pursuant to Article 37, last paragraph, of Presidential Decree No. 818 of 1957 - Applicability to enrollment periods in the management of public employees - Condition of non-accrual of pension rights. According to Article 37, last paragraph, of Presidential Decree No. 818 of 1957, the benefit of so-called neutralization - under which the periods of enrollment in mandatory welfare schemes other than those substituting for insurance against disability, old age, and survivors are excluded from the five-year period preceding the application for benefits, for which the required insurance condition must exist - is applicable also for those enrolled in the exclusive pension management for public employees, being included among the aforementioned mandatory welfare schemes, provided that the enrollment in such exclusive management has not led to the accrual of any pension treatment.

Implications of the Ruling

This principle also applies to those enrolled in the exclusive pension management for public employees. This means that, even if a person is enrolled in this management, they can benefit from neutralization, provided that they have not accrued any pension rights. This ruling represents an important clarification in a sector that is often complex, such as social welfare.

  • Clarifies the position of those enrolled in public welfare.
  • Establishes clear criteria for the non-accrual of pension rights.
  • Strengthens the protection of pension rights in the public sector.

Conclusions

In conclusion, Order No. 8631 of 2024 has a strong impact on the management of pension rights for public employees, establishing that the benefit of neutralization can be applied even in the absence of accrued pension rights. This ruling provides greater legal certainty for public employees and represents a step forward in Italian welfare jurisprudence.

Bianucci Law Firm