Commentary on Order No. 11336 of 2024: Unemployment Benefits and Notional Contribution

The recent Order No. 11336 of April 29, 2024, issued by the Court of Cassation, sheds light on a crucial issue for unemployed workers: the possibility of using the period of receiving unemployment benefits as notional contribution for pension purposes. This ruling, presented by judges F. G. and L. S., clearly establishes the necessary conditions for such a period to be considered beneficial for the emergence of the right to a pension.

The Regulatory Context

According to Article 10 of the Presidential Decree No. 818 of April 26, 1957, in order to benefit from notional contribution during the unemployment period, it is necessary to have paid at least one year of mandatory contributions to INPS in the five years preceding the event of unemployment. The Order in question clarifies that, in the absence of this requirement, the period of receiving unemployment benefits cannot be used for determining the amount of the pension.

Unemployment benefits - Usability of the period of receipt as notional contribution - Conditions - Previous payment to INPS of one year's mandatory contributions - Absence - Exclusion. The period of enjoyment of unemployment benefits cannot be used as a notional contribution period, useful for both the emergence of the right and the determination of the amount of the pension, in the absence of one year of mandatory contributions paid to INPS in the five years preceding the occurrence of the unemployment event, as expressly provided for by Article 10 of the Presidential Decree No. 818 of April 26, 1957.

Implications for Workers

This decision has significant implications for workers facing unemployment situations. In particular, the ruling emphasizes the need for adequate pension planning. It is not enough to receive unemployment benefits; it is essential for workers to be aware of their contribution status and the necessary requirements to access a decent pension. Therefore, it is crucial for workers to:

  • Check their contributions paid to INPS.
  • Get informed about the requirements for accessing a pension.
  • Consider the importance of maintaining stable employment to accumulate the necessary contributions.

Conclusions

In conclusion, Order No. 11336 of 2024 represents an important clarification in the legislation concerning unemployment benefits and notional contribution. It is essential for workers to fully understand the conditions required to make the most of unemployment periods for pension purposes. Awareness of these requirements can make the difference between an adequate pension and a situation of economic hardship once work activity has ended. Therefore, it is advisable to consult industry experts for assistance and support in managing one's pension position.

Bianucci Law Firm