Twiter at branch offices to all organizations with staff enrolled at INPDAP pension funds At the Directorate-General of the peripheral services of the Treasury of the Republic At prefectures At the Valle d'Aosta region For the Government Commissioners of regions and autonomous provinces of Trento and Bolzano For school districts to At studies appellate courts At provincial directorates of the Treasury At provincial Accounts Offices of the State and, for information: to the Presidency of the Council of Ministers - Department of public Administration at the Ministry of Labour and social security - the Cabinet of Ministers at the Treasury - Cabinet Minister at the Ministry of interior - Office of the Minister at the Ministry of Health '- Office of the Minister the Court of Auditors - general Secretariat of the Court At the regional sections of the accounts for the regional committees control At the general Accounting Office national Institute of State security social in implementing the provisions of art. 1, paragraph 187 of the Finance Act No. 662/1996, the Minister of Public Service, in consultation with the Minister of the Treasury, has issued Decree No. 331 of 29 July 1997, published in the Official Gazette no. 229 of October 1, 1997 by which the regulatory rules on cumulation of seniority 'pension and pay, resulting in the transformation of employment in parttime, for civil servants have been dictated. In particular, notwithstanding the non-aggregability regime 'in art. 1, paragraph 189 of the said Finance Act, is granted, the staff of public authorities, the right 'to combine the pension of seniority' with the income from the transformation of full-time employment to part-time, provided that both meeting the requirements of age 'and seniority' contribution indicated in table B attached to the law 8 August 1995, n. 335 (please note that for the year 1997 are required 52 years of age 'in conjunction with seniority' contribution of 35 years, or 36 years of contributions regardless of age requirement). Recipients of the standard are employees of public administrations in art. 1, paragraph 2, of Legislative Decree n. 29/1993 pertaining to the various functional qualification or professional profiles, with the exception of staff with managerial authority, military personnel, police forces and the national fire brigade Corps, for which there is a ban on the transformation of employment from full time to part time. For employees who exercise the right 'to combine the pension with that arising from parttime employment, continue to apply the system of incompatibility' scheduled for full-time staff. The transformation of the relationship must take place within the limit of the maximum quota gia 'planned for part-time, which, at present, can not' exceed 25% of the overall staffing of full-time staff for each functional status, as established by art. 22 of Law no. 724/1994 and confirmed by the national labor contract sector. The body employer can not 'grant an application for processing of employment part-time, made pursuant to art. 1 of the ministerial decree in question, if there oversupply in the functional qualification held by the person. The measure of their work part-time can not 'be less than 50% full-time. For teaching staff belonging to the school division, the reduction the organization must comply with the limits and modalities' indicated in specific ministerial orders. The transformation of employment in part-time will take place 'within sixty days from the date of submission of the application by the interested party; from the same date it shall commence 'early retirement benefits, notwithstanding any fixed maturities art. 1, paragraph 29 of Law no. 335/1995, provided that the applicant is already 'in possession of the requirements of Table B attached to this law reform. Once you exercised the right 'to the transformation of the employment relationship with the simultaneous recognition of the right to pre-board, not' more 'allowed reduced from time step to the full and the cumulation regime has validity' for the remaining term of employment. The entity employer, confirmed the right to make use of the relevant legislation, must ': 1) determining the amount of the provisional pensions payable on the date of the transformation of the employment relationship on the basis of the service actually provided; 2) send to the competent Provincial Directorate of the Treasury the corresponding model 755 with attached documentation certifying the continuation of the employment relationship within the meaning of the Ministerial Decree n. 331 of 29 July 1997 and the exact percentage parttime / fulltime; 3) pay the applicant the reduced salary according to the criteria of the general discipline of part-time. The Provincial Directorate of the Treasury, acquired the above-mentioned documentation, provide 'to to pay the temporary treatment of an extent reduced pension inversely proportional to the normal reduction in working hours, bearing in mind that the accumulation of pensions and wages can not' in any case exceed the amount of remuneration payable to the employee, equal to 'conditions, lends his work full time. Example: worker contracted to work 36 hours per week, with pay equal to L. 2,000,000; transformation of working time to quicksort for a total of 18 hours a week with reduction, therefore, 50% of working time and consequent pay equal to L. 1,000,000; the amount of pension payable in theory, equal to L. 1,200,000, must 'be reduced by 50%, ie a sum of L. 600,000; the salary of L. 1,000,000 more 'share of pension amounted to L. 600,000, it will match' to the sum of L. 1,600,000 that the employee will receive a total '. The entity employer and 'must report annually to the DPT the amount of remuneration actually paid; in case of change, the same body employer provide 'to restate the treatment provisional pension theoretically due and will transmit' the new model 755 to the appropriate Provincial Directorate of the Treasury; the latter must 'bear in mind that the amount to be paid can not' in any case exceed the amount of the seniority pension 'theoretically due at the time of the transformation of the employment relationship (in the above example can not' exceed, therefore, , the sum of L. 1,200,000). The date of termination, the INPDAP will determine 'the pension on the basis of overall seniority' contribution gained by the member, whereas the service provided at a parttime from the date of conversion will affect ', the purpose of the measure, according to the general rules regulates the employment of part-time. In this case, if the service provided at a parttime is less than five years, there will proceed 'to the application of the provisions of art. 29 of Law no. 153/1981 (weighted average). It is understood that the right to early retirement benefits shall be payable under the rules in force at the date of conversion of the employment relationship. The indemnities of any description will be paid exclusively to the final date of termination of the employment relationship, considering the period paid part-time to a small extent by the ratio parttime / fulltime. The dismissed personnel from 30 September 1996 until the entry into force of the decree in question (1 October 1997) can 'apply for release to service to take advantage of those provisions purche' in possession on the date of 30 September 1996 the 52-year requirement of age 'in conjunction with seniority' contribution of 35 years, or 36 years of contributions regardless of age 'owned. The readmission request service must 'be submitted by December 30, 1997 (ninety days from the date of publication of the Ministerial Decree) and the acceptance of the same, and 'subject to the restrictions established for performance of work part-time (non-existence of oversupply in the functional qualification held by the person and respect of the maximum quota limit 25% of the overall staffing of full-time staff for each functional status). The entity employer must 'promptly notify the successful readmission to the requesting service to the Provincial Directorate of the Treasury and, from the date of release, provide' to restate the temporary restoration of already 'place board in place, reducing the percentage resulting from the employment relationship parttime / fulltime introduced under the decree in question. DPT, once acquired the model 755, will deliver 'the new retirement pension, respecting the limits set forth above mound. The amounts of severance possibly already 'paid treatments are considered as advances and will be placed in a separate at the time of final settlement of the retirement pension. Since 'the recipients of the ministerial decree in question are, by express provision of law, employees of public administrations in art. 1, paragraph 2, of Legislative Decree n. 29/1993, they exclude workers who have maintained membership in this institute as a result of exercised option pursuant to art. 5 of Law no. 274/1991. For the latter the accumulation of seniority between 'pension and pay, resulting in the transformation of employment in parttime, follow' the general rules by AGO, dictated by art. 1, paragraph 185 of the Budget Law n. 662/1996. In particular, the fundamental basis so that 'arises the right to early retirement benefits and' represented by the obligation on the part of employers' organizations, to seek prior authorization from the Provincial Labour Directorate. Such authorization will be 'released on condition that hired new staff for a period and for a working time not less than that reduced granted to employees who exercise the faculty' in art. 1, paragraph 185, of Law no. 662/1996. The affiliation must 'give timely notice of the transformation of the provincial labor inspectorate of the employment relationship and to this Institute. Contrary to the information for workers belonging to public administrations, for this category of students, the effective date of retirement benefits will follow 'the windows of access to seniority pensions' provided for by art. 1, paragraph 29 of Law no. 335/1995. Therefore, the transformation from fulltime to parttime must 'to coincide with the dates set out in current regulations for early retirement. In addition, for these employees, not 'provide for any possibility' of release to service, as the right 'to combine the seniority' retirement with pay, resulting in the transformation of employment in parttime, and 'was introduced by the finance Act No. 662/1996, with effect from September 30, 1996. For workers who have maintained the INPDAP enrollment, but they belong to privatized entities, the transformation of employment, provided that they meet the requirements for entitlement to a pension of seniority 'expected from table B annexed to law No. 335/1995, can 'take place not less than 18 hours per week. The Treasury Provincial Directorate in granting treatment of early retirement to this category of students must 'keep in mind that this amount, reduced in inverse proportion to the normal reduction in working hours, can not' be less than 50% of 'theoretical amount of pension payable. Example: worker contracted to work 40 hours per week with pay equal to L. 2,000,000; transformation of working time to parttime for a total of 24 hours per week, with 40% reduction in working hours and a consequent remuneration of L. 1,200,000; the amount of pension theoretically payable in an amount equal to L. 1,000,000 should be reduced by 60%, ie a sum of L. 600,000; since 'the reduction of the amount of the pension can not' exceed 50%, the reduction itself will be 'equal to L. 500,000 instead of' L. 600,000; total of the employee in question will perceive ', including salary and share of pension, an amount equal to L. 1,700,000. clarifications operating on the general regulations governing the labor relations part-time is considered appropriate to provide additional and unique information about the part-time employment relationships governed by art. 8 of the Law of 29 December 1988 n. 554, by decree of the President of the Council of Ministers of 17 March 1989, n. 117, so 'as supplemented and modified by the rules from the national collective bargaining and subsequent instructions given by art. 8 of the legislative decree 16 September 1996 n. 564, art. 1, paragraphs 56 to 65 of the Law of 23 December 1996, n. 662, art. 6 of the Decree-Law of 28 March 1997, n. 79, converted into Law 28 May 1997, n. 140 and the legislative decree 30 April 1997 n. 184. Here, we give 'prominence mainly to social security reflexes arising from the application of these provisions, without going into the rules governing the employment relationship, for which reference should be made to the above rules. The social protection of employment part-time and 'provided by art. 8 of Law No. 554/1988. The provisions contained in that article state: the purpose of the right of pension and provident years of part-time service are useful in full; in the measurement of pension benefits (pension and severance) years part-time should be brought back to full years by multiplying the same by the coefficient resulting from the ratio of reduced service weekly hours and hours of full-time service; consequently, the seniority 'contribution for the purposes of determining the amount of pension benefits, and' equal to the proportion of the working hours actually performed and that fulltime; for the calculation basis considering salaries provided for the corresponding working position full time; for contribution purposes, the minimal art. 26 of the Law of 29 April 1976 n. 177, and 'reduced according to the coefficient of the relationship parttime / fulltime; for the clearance of the retirement pension, in cases of transfer of employment with full-time to that of part-time and vice versa, it applies the weighted average under Article. 29 of the Decree-Law of 28 February 1981 n. 38, converted with amendments into Law 23 April 1981 n. 153, considering the purpose of the five-year period, the service useful for the law, and how to pay those related to full-time. By the decree of President of the Council of Ministers March 17, 1989, n. 117, the rules and regulations on discipline of employment part-time were dictated. In particular, it was stated that the monthly schedule of parttime service performance was to be equal to 50% of that for the full-time ratio for each category, qualification or professional profile. Only in exceptional and motivated service requirements could be waived at the limit predicted, as a percentage not exceeding 20% ​​more 'or less, by decree of the competent minister to the concert with Minister of Public Administration and the Minister of the Treasury. With the enactment of the recent national collective bargaining agreement 'it was set aside that provision, stating that, for the work in part time made after the conclusion of these contracts, the duration of work will not have to' be less than 30% of the time full. The part-time can 'be made, on the basis of the following types chosen by the Administration for the expansion of its services: articulation with the reduced service in all working days (horizontal part-time); with articulation of performance on certain days of the week, the month or certain times of the year (vertical part-time), to an extent to comply, such as media, the weekly working time provided for the part-time in the time period considered (week, month or year). Article. 1, paragraph 57 of the Finance Law n. 662/1996, in order to encourage a more 'wide diffusion of parttime, has extended the scope of application; and 'it was in fact envisaged that, with effect from 1 January 1997 all employees of public administrations, belonging to the various qualifications or levels, excluding staff with managerial authority, can' ask to change to part-time. They can, therefore, make use of parttime also the most 'high qualifications (who perform tasks of inspection, management or coordination of units' central organic or devices or have the obligation of rendering the account judicial), which they were excluded from the previous rules. They can not ask for parttime: military personnel, police forces and the National Fire Brigade. It should also be noted that the rules do not apply to part-time university professors, being provided, for this category, a discipline very special, not only on the activities' allowed extra-institutional, but also on the articulation of the temporal performance. For the school staff still remain, given the nature of specialty 'of the sector, the specific provisions on part-time contained in the collective bargaining agreement. One of the points of the previous rules on which the legislature now is not 'intervened regards the maximum allowable working part-time positions. This maximum quota can not 'exceed 25% of the overall staffing of full-time staff for each functional qualification, confirming the measure at the time established by art. 22 of Law no. 724/1994 and later confirmed by the national labor contract sector. Article. 6, paragraph 4, of the Decree-Law no. 79/1987 coordinated with the conversion law n. 140/1997 provides for employees that transform the employment relationship from full time to part-time the right to obtain the return to full-time at the expiration of two years from the transformation as well as 'the successive deadlines set by collective agreements, changing with what' the term of three years already 'provided for by the decree of the President of the Council of Ministers no. 117/1989. The return and 'a real right may also be exercised when the established post not immediately available. Another important innovation provided by art. 1, paragraph 56 and following of the Finance Law n. 662/1996, so 'as integrated by art. 6 of the above Decree-Law no. 79/1997, converted into Law no. 140/1997, about the incompatibility 'other work performance of the public servant system. With these legal provisions and 'in fact that the public administration workers, with time not exceeding the' destination of the ordinary, they can enroll in professional registers with a right to exercise the corresponding activities' professional, provided that the latter does not is in conflict with the interests of the administration. Therefore, any legal provision which excludes civil servants from membership registers and the exercise of its profession and 'repealed with regard to part-time staff. Public employees enrolled with professional bodies and exercising its activities', however, may not be offered professional duties by public administrations; the same employees can not undertake the representation in disputes to which it is a part of public administration. The innovative aspects on parttime highlighted above, which did not direct reflections social security, have been extensively analyzed by circular of the Prime Minister's February 19, 1997, n. 3, published in the Official Gazette no. 44 of 22 February 1997, n. 6 of 18 July 1997, published in the Official Gazette no. 169 of 22 July 1997 and No. 8 of 21 October 1997, published in the Official Gazette no. 251 of 27 October 1997, to which reference may be made for any further information. In implementing the provisions of art. 1, paragraph 39, of the Law of 8 August 1995, n. 335, the government, by legislative decree 16 September 1996 n. 564, as part of the reorganization and harmonization in the area of ​​social contributions, reunion, redemption and continued voluntary, has established rules which provide insurance coverage for periods that are not covered by contributions. With art. 8 of that decree and 'special attention was paid to work part-time, which, while taking shape as activities' contracted indefinitely, does not receive insurance coverage under the specular guarantee that corresponds to a working time by employees full. In fact, the purpose of the right to pension benefits provided to the years parttime are evaluated in full, while the same are proportionately reduced for the purpose of determining the amount of pension and indemnity 'end of service. To address the lack of insurance coverage, the art. 8 of Legislative Decree n. 564/1996 provides, therefore, to the employee for periods of no work placed within the temporal boundaries of a parttime subsequent performance on 31 December 1996, the possibility 'of resorting to the institution of redemption or, alternatively, to that of the continued voluntary. The exercise of this right 'and not' aim to achieve the access requirements of the pension benefit, since, in this sense, there is no differentiation between parttime and fulltime, but can 'exert its effect only in relation to the treatment measure pensions. The Ministry of Labour and Social Security with known 7/61588 / Legislative Decree 564/1996 of 14 July 1996 extended the opportunity 'to redeem or to request the voluntary continuation of periods not worked, located in the temporal boundaries of a parttime performance, even to employment relationships in horizontal part-time, providing, therefore more 'broad interpretation of art. 8 of Legislative Decree n. 564/1996; the latter, in fact, indicated as recipients of the standard will be the staff who performed activities' work with part-time contracts vertical or cyclical. Mode 'calculation fee. It should first be noted that may be redeemed, in the measurement of the pension, only periods unprocessed, placed within the temporal boundaries of parttime performance, either horizontal or vertical it, subsequent to 31 December 1996. Article. 8 of Legislative Decree n. 564/1996 provides that the redemption obligation shall be determined by the payment of the mathematical reserve according to the procedures' in art. 13 of Law 12 August 1962, n. 1338, as amended and supplemented. In that case it will carry out 'the difference of rates of return required by Table A law n. 965/1965 related to seniority 'contribution includes the subject of redemption period and seniority' service with the exclusion of the same. This difference will be 'compared with the corresponding constant rate of 2%, so' as introduced by art. 17, paragraph 1, of Law no. 724/1994, attributing that result 'less (art. 2, paragraph 19 of Law no. 335/1995). That rate will be 'multiplied by the average annual remuneration determined contribution up to the date of filing the application and the amount so' got andra 'capitalized according to the coefficients indicated in special tables provided and changed if necessary by the Minister of Labour and social security (art. 13 of law no. 1338/1962). With the publication of Legislative Decree 30 April 1997, n. 184, issued in implementation of the mandate granted to the Government by art. 1, paragraph 39 of Law no. 335/1995, the institutes of the reunion, redemption and voluntary continuation were disciplined. In particular art. 2, paragraph 4, of the aforementioned decree has determined the adjustment by 12 July 1998 of emanating tables for the application of Article. 13 of Law no. 1338/1962, based on updated actuarial coefficients; until that update shall continue to apply those currently in force. Another new 'and' represented by the change in the burden of redemption calculation criteria that is determined, for applications submitted from 12 July 1997 (entry into force of the legislative decree in question), in accordance with the rules governing the payment of a pension with the contribution system or the earnings of law n. 335/1995, taking into account seniority 'overall contribution held by the person also by virtue' of the timing of periods of repurchased. The computing system (or contributory salary) to be taken for determination of the cost of redemption of periods not placed temporarily in a parttime job performance, subsequent to 31 December 1996 (art. 8, Legislative Decree no. 564/1996) and useful only for the purpose of measuring the board, must 'to coincide with the one used for the liquidation of the pensions. So to all redemption requests submitted by July 12, 1997, it will operate 'as follows: 1) if the employee is in possession of 31 December 1995 of seniority' contributions equal to 18 years or above (the pension calculation system pay) the determination of the cost of redemption will take place 'in any case with the mode' mentioned in Article. 13 of Law no. 1338/1962 and the period corresponding impact 'on seniority' overall contribution useful for the pension amount; 2) if the member is in possession of a seniority 'contribution to the December 31, 1995 less than 18 years (Mixed-board computer system) the redemption charge will' determined according to the rules of the contributory system, as in a pro-rata pension calculation periods that lie temporally after January 1, 1996 may affect the amount of pensions only by increasing the individual cumulative contribution; 3) in the case of new employee to January 1, 1996 (the contributory pension calculation system) the redemption charge will be 'determined by the contribution-based. burden redemption determination with a contribution-based system. It will be necessary 'to refer to remuneration subject to contributions during the 12 months immediately preceding the date on which the redemption presentation; if you come across less than 12 mensilita 'we will proceed' to the average of the existing ones, then relating them to full year. On that taxable income will go 'applied the funding rate in effect at the date of application. The contribution so 'calculated on an annual basis will go' compared to the subject of redemption period and attributed to the time-period. The revaluation of the individual contributions of the pillar, according to art. 1, paragraph 8, of the law n. 335/1995, will have 'effect, for the redemption contribution credited to the insurance position, the date of the redemption request on. In this latter respect it is recalled that under Article. 7, paragraph 5, of the Law of 8 August 1991, n. 274, for redemption requests submitted by registered letter, as the date of submission shall be considered to shipping. These new calculation criteria, introduced by Legislative Decree n. 184/1997, are solely applicable to redemption applications submitted from 12 July 1997; remain to be clarified such modalities' adopted for the definition of requests submitted before that decree. You may encounter the following assumptions: a) if the employee is in possession of a seniority 'contribution to 31 December 1995 equal to or greater than 18 years (to pay pension calculation system) the determination of the cost of redemption will take place' with mode 'mentioned in Article. 13 of Law no. 1338/1962 and the period corresponding impact 'on seniority' overall contribution useful for the pension amount; b) if the member is in possession of a seniority 'contribution to 31 December 1995 under 18 (Mixed-board computing system), the redemption charge will be' determined on a contributory system; In fact, in a pro rata pension calculation system, the periods that lie temporally after January 1, 1996 may affect the amount of pensions only by increasing the individual cumulative contribution; c) in the case of new employee to January 1, 1996 (the contributory pension calculation system) the redemption charge will be 'determined on a contributory system; In fact, in a contribution-based pension system, the periods that lie temporally after January 1, 1996, may affect the amount of pensions only by increasing the individual riser. Continuation voluntary. Article. 8 of Legislative Decree n. 564/1996 provides, as an alternative to redemption, the chance 'to voluntarily continue to pay contributions for periods of unemployment placed within the temporal boundaries of a parttime performance. Of course, even in such cases, the contributions paid by the worker will compete exclusively to the determination of the amount of the pension, having no relevance for the acquisition of pension rights, already 'recognized in full. For the purpose of calculating the voluntary contribution to be paid, it will be necessary 'to determine the weekly average pay contributions according to the procedures' referred to in art. 5 of Legislative Decree n. 184/1997, which will be detailed in depth by this Institute with special circular. Of this amount will be applied 'the rate of funding (32.35%) to detect the amount of the weekly voluntary contribution to be paid to go' then compared to the periods to be covered voluntarily. Since the voluntary contribution may 'cover both periods of parttime horizontally and vertically, to identify the exact period to voluntarily cover will be enough' to multiply the entire time period in which you place the part-time performance for the percentage resulting from the ratio parttime / fulltime. For the sake of completeness it should be noted that employees who exercise the right 'to opt for a part-time employment relationship, be it horizontal or vertical, can apply for the reunion, the purpose of a single board, the more contemporary parttime services provided by INPS registration, pursuant to art. 2 of Law no. 29/1979. Accreditation of the contribution at the Twiter potra 'take place exclusively for the purposes of measurement of retirement benefits, being the period of employment in parttime, posting to this Institute, already' fully useful for the purpose of retirement benefits. The working period resulting from the other's social security institute certification, on the time of lent, added to that already 'qualifications for the measure, in this bank, not' exceed the corresponding period would be credited working hypothesis to full-time. This Circular is issued in agreement with the Ministry of the Treasury - General Directorate peripheral services. The President: Sepia