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Law 5 March 1990, N. 45. Rules For The Reunion Of Periodiassicurativi Towards Social Security For Freelancers.

Original Language Title: Legge 5 marzo 1990, n. 45. Norme per la ricongiunzione dei periodiassicurativi ai fini previdenziali per i liberi professionisti.

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At every institution personnel entered the pension funds of pension funds At prefectures At the Valle d'Aosta region At the police of the province of Bolzano Government At the police of the province of Trento Government For school districts At the appellate courts studies At the Directorate-General of peripheral services of the Treasury At provincial directorates of the Treasury and, for information: to the Presidency of the Council of Ministers At the Court of Auditors - general Secretariat At the regional delegations of the Court of Auditors At the general Accounting office At the central accounting of the pension funds of office reflected the Court of Auditors in employee benefits institutions with the law 5 March 1990 n. 45, were dictated rules for the reunion, the purpose of the law and the size of a single pension, all the periods of contribution that can be claimed by freelancers. The provisions in question increases the possibility 'of reunion included in previous laws as most recently, in particular, n. 29 of 7 February 1979. Although once the same purposes' of reunion, the law n. 45/1990 has unique aspects that make the timely issuance of this circular that it intends to make the necessary arrangements for its consistent application by the offices concerned. The provisions are addressed, limited to the aspects concerning the pension funds administered by the Directorate-General of the pension funds is by reference to current members and those who have been enrolled in one of the pension funds mentioned. For a better understanding it is agreed that, unless otherwise specified, the word "cash" is given the meaning of "one of the pension funds administered by the Directorate-General of pension funds", while the word "management" is given the meaning of " one of the mandatory pension forms for freelancers. " This Circular and 'articulated in the following points: recipients; exercise of the right '; mode 'of exercise of the right'; effects of exercising the right '; assessment of the subject of the reunion periods; burden on the applicant; payment burden; determination of the provisional board. A) BENEFICIARIES. The recipients of the law n. 45/1990 are identified in individuals who may require the reunion planned and can be divided into the following categories: a) requesting the reunion of insurance periods, accredited to the management, to check out where they are registered at the time of application (Art. 1.1 ); b) Applicants having been enrolled at checkout intend to transfer the corresponding period of entry at the management which they are registered at the time of the application (Art. 1.2);
c) recipients of survivors, referred to above, who died after March 9, 1990 and that means' from the date of entry into force of Law no. 45/1990, which take over the assignor as recipients of the same law. However, of course, applicants must not have received, the date of the application for retirement benefits by the institution called upon to transfer the contributions. The funds that manage mandatory pension schemes for liberal professions are the following: the national pension fund and assistance to lawyers and prosecutors; National Welfare Fund for Engineers and architects; national pension fund and assistance to surveyors; National Welfare Fund and assistance in favor of Chartered Accountants; National Welfare Fund and assistance for accountants, accountancy experts; Greek Public welfare and assistance for Veterinary - ENPAV; National Welfare Institution and assistance for pharmacists - ENPAF; National Welfare Institution and assistance for employment experts - ENPACL; Cash notary; provident fund for customs agents - FPSD; National security institution and medical assistance - ENPAM; Greek Public security and assistance midwives - ENPAO. B) EXERCISE OF POWER '. The right 'to ask the reunion must cover all periods of contribution and can' be exercised: a) by the subscribers to the Fund at any time of the attivita 'for which the working force is the obligation of registration for the possibility' of reunion to check out the same insurance periods recognized by the management (art. 1.1); b) by professionals to the possibility 'for reunion toward the management of insurance periods recognized by the order (art. 1.2); c) by the survivors of the parties concerned, within a maximum period of two years from the date of death in the attivita 'of service of the member or freelancer, which occurred after March 9, 1990 (art. 7); d) after an insurance period of at least ten years of which at least five continuous contribution in the compulsory scheme in connection with activities' in fact exercised that can be invoked after the date on which the first reunion effect (Art. 3.1); e) on retirement and only at the management on which the insurance position when he no conditions specified in paragraph d) (art. 3.2 has been previously accredited). C) HOW 'THE YEAR OF THE FACULTY'. The exercise of the right 'to reunion of insurance periods, provided for by law no. 45/1990, takes place according to the following mode ': a) for the reunion to check out the periods accredited by the management must be submitted an application to the relevant case. As of the date of application is considered to arrive at the Directorate General of pension funds;
b) to cover employees towards the management of the registration periods at the cashier, the application must be submitted to the destination management. D) EFFECTS OF THE SCHOOL YEAR '. The purpose 'of the law n. 45/1990 and 'constituted by the possibility' of obtaining the evaluation of accumulation of periods of contribution for the purpose of law and the extent of a single pension to be paid to social-security burden from which are concentrated the various insurance positions. Such purposes', however, is a mandatory limitation in art went hand. 5.1 according to which the rules for the assessment of the law and of the single-board measure are applied in the management which is focused at the insurance location purche 'useful periods include those reunited are not less than 35 years or have been reached the age 'maximum for retirement or, finally, upon the occurrence of conditions for liquidation of the disables' or invalidity pension'. Not showing the conditions described above for the liquidation of a unique part of the pension fund, this will proceed 'to the settlement of amounts due according to their own rules and to transfer the management of contributions previously acquired by the increased cash by virtue of the interest rate of 4.50 percent per annum. E) EVALUATION OF PERIODS OF OBJECT reunion. In the case of reunion to check out the insurance periods accredited to the management we will be considered useful periods provided to us by management following the request of the case. These periods are assessed on the basis of management of communications for the purpose of establishing entitlement to retirement pension, while the purpose of measuring the period is treated the same in years and months. They are excluded from the assessment of contribution periods in the contemporary management periods accredited to other business activities or services or periods otherwise useful for determining the pensions payable by the fund. Upon application of the contribution transfer, cash will communicate 'to the management of the periods allowed to rejoin so that management, at the request, may return from grants related to concurrent periods those not relating to activities' work. The amounts of the grant related to concurrent periods relating to activities 'work and volunteers payments relating to periods not considered in the reunion are acquired from the cash that will place them' in deduction of the contribution. F) BURDEN BORNE BY THE APPLICANT. The burden in a lump sum to be borne by the applicant, in the case of reunion to the chest, seen from the following expression: Rm - Ac - D = O where Rm corresponds to the mathematical reserve determined on the basis of art. 13 of Law 12 August 1962, n. 1338. The reference tables are contained in Decree of the Minister of Labour and Social Security 19 February 1981 published in the ordinary supplement to the Official Gazette no. 129 of 13 May 1981. With regard to questions relating to the situation described in point C, a), following the Constitutional Court judgment of 22 June to 7 July 1988 n. 764, the mathematical reserve on public female employees is determined by similar tables provided for male employees. The mathematical reserve is determined by the following expression:
Rm = (Rac - Is) x (S2 - S1) x Ar x Tab (S: a) where Rac: annual pay contributions on the date of application or the date of the member's death. Is: allowances' special supplementary to the date of application or the date of the member's death. S2: rate Annex A of Law No. 965/1965 read at the useful service to the date of the application including the period applied for the reunion. S1: rate Annex A of Law No. 965/1965 read at the useful service to the date of application. Ar: SURVIVORS 'rate in the case of application filed by the survivors. Rate to be put equal to 1 because the application is lodged by the member. Tab (S: a) coefficient read in relation to the useful service including the period for which you require the reunion (S), and / or age '(a) of the member or pensioner. The fact tables needed for situations that may occur in practice are in particular: Section 1-M and section 1-bis-M for individuals in active condition. For cases of age 'over 60 years (section 1-bis-M) must be used the corresponding coefficients set out in Section 3-VM; Section 3 - VM, VF for individuals that present the reunion question simultaneously with the termination of the service; Section 4 - W for widows / the only who apply for reunion in the place of the member; Section 5 - SIM, SIF for lone survivor unfit as an adult orphan or collateral; Section 6 - KM, KF for surviving consists only orphan of age 'under 21 years; Section 8 - WK survivors consist of widow and orphans; Section 9 - MIK survivors consist of a widower and orphans or more 'orphans one of which incapacitated; Section 10 - KK bis survivors consist of two orphans of age 'under 21 years. C: amount of contributions increased relevance of management of annual compound interest of 4.50 percent. D: amount of voluntary contributions for the periods not allowed to rejoin as simultaneous periods otherwise useful already 'mentioned in the final paragraph of paragraph E). G) PAYMENT OF THE CHARGE. The burden arising from the reunion, whose mode 'determination are described in paragraph F), can' be paid at checkout according to two possibilities' alternatives: a) in a lump sum, within sixty days upon receipt of the registered letter with return receipt with which is transmitted from the till the decree of recognition of periods reunited, by payment of the sum on a special bulletin of the postal c / c n. 36140002, payable to the Central State Treasurer - Treasurer of the pension funds, indicating the number and location of the following reason: "Law no. 45/1990";
b) with a request for payment in installments to be presented at the checkout within sixty days from such receipt, in installments over a period not exceeding the goal 'of mensilita' corresponding to the periods reunited with rounding of the result of unity 'top. The monthly payment is determined on the basis of an annual interest rate equal to the average compound annual rate of change in the consumer price index for families of workers and employees determined by ISTAT over the period of twelve months ending on 31 December of the year preceding the submission of the reunion question. The monthly payment starting in the month following that of acceptance and is considered by the employer on the remuneration to the employee. The entity employer will use 'the amounts retained for the extinction of collection roles that will be issued from the chest by a similar process to that used for redemptions and ricongiunzioni art. 2 of Law no. 29/1979. If the employee ceases to service during the installment payment: 1) the rate gravera 'on the temporary restoration of direct or indirect pension, and / or on the final board until the natural expiration of the deferral period; 2) if the employee ceases to service before the possible beginning of the installment payment arising from the acceptance of the burden installment gravera 'on the temporary restoration of direct or indirect pension, and / or ultimately retired from the effective date of retirement. If recognition of the periods is contextual to the liquidation of the pensions owed the burden potra 'be considered paid in a lump sum with deduction of the first whole rate for pensions or potra' be paid in installments with the modalities' described in point G, b, 2). The payment or acceptance of payment by installments will result from the chest to the request to transfer the management of the contributions provided by art. 2 of Law no. 45/1990 resulting irrevocability 'the reunion question. H) DETERMINATION OF TREATMENT OF BOARD PROVISIONAL. My comments on the atypical nature 'of the law n. 45/1990 with respect to the law n. 29/1979 are confirmed when it appears necessary to indicate the mode 'to be followed for the evaluation of periods regarded by the law n. 45/1990 for treating provisional pension determined by the employers organizations by completing the mod. SC755 / 3. Below, examines the possible hypotheses of intervention: a) in cases of termination of employee service I have received the decree of recognition of periods and accepted the amount charged to the institution the employer will indicate 'on the back of the model, as well as useful services, those reunited with "law no. 45/1990" which will be valid both for the purposes of the law that the extent of the provisional board. In addition, the front will be 'indicated, if the form of payment by installments is that, the monthly payment communicated with the decree of recognition and the maturity date according to the same mode' now envisaged for the ransom, the reunion ex art. 2 of Law no. 29/1979 and subsidies. Everything ', of course, if the employee processes the service fulfilling the conditions for the evaluation of a single board described in the previous point D). Otherwise, the employer organization provide 'to determine the right and the extent of the provisional treatment on the lowest of the service useful only valid on the basis of speaker systems with the exception of the periods allowed to rejoin the effect of the law n. 45/1990; b) in cases of cessation of dependent service that has not received the decree of reunion of periods, the possibility 'evaluation of the periods in the absence of the reunion decree and' excluded as such possibility 'is not operational' planned himself ' indirectly, in the provisions of law no. 45/1990. In this situation, therefore, it remains the prohibition of evaluation similarly to what already 'expected redemption requests that have not already' produced the issuance of the relevant decree. To cover employees working towards managing still be covered by mode 'due to the application of Article. 1 of Law no. 29/1979. Minister: CARLI