Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Italia

Convenio sobre la seguridad social (norma mínima), 1952 (núm. 102) (Ratificación : 1956)
Convenio sobre la igualdad de trato (seguridad social), 1962 (núm. 118) (Ratificación : 1967)

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 102 and 118 together.

Article 29(2)(a), in conjunction with Article 26, of Convention No. 102. Reduced benefit after 15 years of insurance. The Committee previously noted that the minimum qualifying period for an old-age pension is 20 years (1,040 weeks) of contribution, provided that the amount of pension must be at least 1.5 times the minimum monthly amount of social allowance. The Committee further noted that workers insured after 1 January 1996 with less than 20 years of contribution are entitled to a contributory pension (regardless of the amount) only at 71 years if they have accrued at least five years of effectively paid contributions.

The Committee notes from the Government’s report that no legislative changes have been made in this respect. The Committee recalls that Article 29(2)(a) of the Convention requires reduced old-age benefits to be provided after completing a qualifying period of 15 years of contribution. The Committee points out that the reduced old-age benefit shall be provided at the pensionable age (67 years in Italy) and shall not be contingent upon the amount of the pension. The Committee requests the Government to take the necessary measures to ensure that all persons protected have the right to a reduced social insurance pension after 15 years of contribution, upon reaching the pensionable age and regardless of the pension amount.

Article 6. Branch (i) family benefit, Article 2, of Convention No. 118. The Committee previously noted that in the absence of a social security agreement, the family allowance was granted to third-country workers if a family member resided in Italy. The Committee recalled that Article 6 of the Convention requires family benefits to be granted to the nationals of any other Member which has accepted branch (i) family benefit of the Convention, in respect of children who reside on the territory of any such Member.

The Committee notes with satisfaction that, according to the Government, following the Judgments of the Court of Justice of the European Union of 25 November 2022 (Cases C-302/19 and C-303/19) and Judgment No. 67 of the Italian Constitution Court of 11 March 2022, the entitlement to the family allowance has been recognized for third-country workers whose children reside abroad. The Committee further takes note of Circular No. 95/2022 issued by the National Institute of Social Security, which determines the procedure for providing the family allowance to third-country workers whose children reside abroad.

The Committee is raising other matters in a request addressed directly to the Government.