Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Italy (Ratification: 1956)

The Committee notes the information supplied by the Government in reply to its previous comments.

Part X (Survivors’ benefit), Articles 62(a) and 63(5) of the Convention. The 26th annual report submitted by the Government on the application of the European Code of Social Security states that, from 1 January 2012, the percentage rate of pensions for the surviving spouse will be reduced by 10 per cent for each year of marriage under ten years. This reduction will apply only in the case where the breadwinner was over 70 years of age at the time of marriage and where the age difference between the spouses was more than 20 years. This provision however will not apply in the case where minors, students or disabled people are present. The Committee observes that this provision may substantially reduce the level of pension due to a childless widow who has reached a sufficiently advanced age of between 50 and 60 years when she might be reasonably presumed to be incapable of self-support. The Committee would like the Government to explain the motives and indicate whether the phenomenon of such marriages has become so widespread in the country that it required adoption of a special legislation.