Survivor's Pension: Judgment No. 11553 of 2024 and the Extension to Orphaned Grandchildren

Judgment No. 11553 of April 30, 2024, represents an important evolution in the field of Italian social security law, particularly regarding survivor's pensions. The Court of Cassation, through this decision, declared the constitutional illegitimacy of certain legal provisions that excluded adult orphaned grandchildren from the right to survivor's pension. This article aims to analyze in detail the implications of this ruling and the importance of its application in the current context.

The Regulatory Context

Until now, Italian law, particularly Article 13 of Royal Decree-Law No. 636 of 1939, established that the survivor's pension was recognized for the spouses and children of the deceased. However, Article 38 of Presidential Decree No. 818 of 1957 excluded adult orphaned grandchildren, even if disabled and dependent on the insured ascendant, from this benefit. The decision of the Constitutional Court No. 88 of 2022 thus paved the way for a reconsideration of this aspect.

The Ruling of the Court of Cassation

SURVIVOR'S PENSION - IN GENERAL Beneficiaries of the survivor's pension under Article 13 Royal Decree-Law No. 636 of 1939 - Equated subjects under Article 38 Presidential Decree No. 818 of 1957 - Failure to include adult orphaned grandchildren, disabled and dependent on the insured ascendant - Declaration of constitutional illegitimacy - Extension of the right in favor of grandchildren living with the ascendant, under the same conditions and limitations provided for children - Existing. Following the declaration of unconstitutionality of Article 38 of Presidential Decree No. 818 of 1957, by the ruling of the Constitutional Court No. 88 of 2022, the right to the survivor's pension provided for by Article 13 of Royal Decree-Law No. 636 of 1939, as amended by Law No. 1272 of 1939, must be extended - under the same conditions and with the same limitations provided for children - in favor of adult orphaned grandchildren, recognized as disabled and living at the expense of the insured ascendants, previously not included among the subjects equated to the beneficiaries of the provision.

This ruling has thus accepted the request to extend the right to the survivor's pension to grandchildren, provided that they are adults, orphans, disabled, and dependent on the insured ascendant. A decision that marks a step forward towards the recognition of rights within the family unit, expanding the protections provided by law.

Implications and Conclusions

The implications of this ruling are multiple and deserving of attention. Firstly, it represents a significant change in Italian jurisprudence, which now recognizes greater protection for orphaned grandchildren, a group often vulnerable and without adequate economic support. Furthermore, the extension of the right to the survivor's pension could have a positive impact on the quality of life of these individuals, providing them with a source of support during a difficult time.

In conclusion, Judgment No. 11553 of 2024 of the Court of Cassation not only clarifies the legal position of orphaned grandchildren concerning the survivor's pension but also represents a significant step towards greater equity and social justice in our legal system. It is essential that legal professionals and citizens are adequately informed about these developments to ensure that the rights of all family members are fully protected.

Bianucci Law Firm