The dismissed worker who meets the requirements for an old-age or early pension cannot request the NASpI. The right to this allowance in fact expires when the interested party meets the requirements for the pension.
However, there are exceptions and for this reason it is useful to clarify the relationships between some income support benefits and early pension payments, in particular in relation to the aspects related to the recognition and maintenance of said benefits.
For individuals who have been admitted to the Quota 100/102/103 pension, the forfeiture from the NASpI takes effect from the first effective date following the application for access to the pension.
The application of this criterion entails the rejection of NASpI applications for which the benefit of the allowance should start simultaneously with or after the first effective date of said benefits.
Conversely, requests for NASpI compensation relating to individuals who, despite completing the requirements for the Quota 100/102/103 pension, do not make use of this option, must be accepted. Similarly, the same individuals who benefit from the NASpI unemployment benefit and who – despite meeting the requirements – do not request retirement with Quota 100/102/103, do not lose this benefit.
Other benefits to support income and pension Quota 100/102/103
The same principle stated regarding compatibility between Quota 100/102/103 and NASpI must also be applied to the mobility allowance:
- those who, despite completing the requirements for retirement with quotas, do not request them, can continue to benefit from ordinary or exceptional mobility benefits;
- those who are admitted to the pension with the quotas lose the ordinary or exceptional mobility benefits starting from the first day of the month in which the pension begins.
Similarly to what has already been specified with reference to the NASpI, the Institute will not accept requests for mobility allowances in derogation, for which the related use should start simultaneously with or after the first effective date of the pension benefit Quota 100/102/103 .
The new rules governing early retirement have deferred the starting date of the first pension check by three months from the maturation of the aforementioned requirements (so-called window).
In relation to this regulatory innovation, INPS specifies that it is possible to benefit from the NASpI unemployment benefit until the first effective date of pension treatment (opening of the window).
NASpI and Women’s Option
Female workers who have fulfilled the contributory/personal data requirements for the female option can access the early pension according to the calculation rules of the contributory system, after 12 (in the case of a pension paid from the employee pension schemes) or 18 ( in the case of treatment paid by the social security management of self-employed workers) months from the date of fulfillment of the required requirements.
INPS specifies that the possibility of benefiting from the NASpI is extended until the first effective date following the submission of the pension application (opening of the window).
NASpI and so-called workers. early
The so-called early workers, who complete the requirements, obtain the right to the commencement of pension treatment according to the provisions set out in the respective regulations, three months after the fulfillment of the aforementioned requirements.
Taking into account the particular procedural methods for accessing pension treatment in favor of so-called early workers, which provide for a phase of recognition of the requirements distinct from access to the benefit, the Institute specifies that, in relation to the hypothesis of forfeiture from the NASpI :
- if the early workers, in the time interval necessary for the completion and definition of the process of recognition of the conditions for access to the benefit, are beneficiaries of the NASpI unemployment treatment, the forfeiture of the aforementioned benefit takes effect from the first effective date of the treatment early pension;
- in the event that the pension effective date, indicated in the communication of recognition of the conditions for access to the benefit, is prior to the date of sending of the communication itself and, on the same date, the pension benefit has not yet been requested, the forfeiture from NASpI takes effect from the first day of the month following the month in which the Institute sends the communication recognizing the conditions for access to the benefit.
NASpI and ordinary disability allowance
The judgment of the Constitutional Court n.234/2011 – while confirming the incompatibility of unemployment benefits with direct pension benefits – introduced the possibility of choosing between unemployment benefits and disability benefits, limited to the compensated period of unemployment.
The INPS, in compliance with the aforementioned ruling, has specified that in case of option in favor of the unemployment benefit, the payment of the ordinary disability allowance remains suspended for the entire period of use of the aforementioned NASpI allowance.
So:
- the ownership of the ordinary disability allowance, even if suspended by option in favor of NASpI, not allowing access to early retirementdoes not entail the condition for forfeiture from the NASpI;
- the ownership of the ordinary disability allowance, even if suspended by option in favor of the NASpI, in case of reaching the requirement for the old-age pension, entails the condition for the revocation of the NASpI.
