LAW 11 February 1983, n. 15 (published February 22, 1983)
Reform of the pension system.

We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great and General Council
its meeting of 11 February 1983. TITLE I
|| | ORGANIZATION OF THE PENSION FUND
Art. 1
Fund Institution Pensions and parties protected
E 'established the "Pension Fund" for the exercise of a mandatory against
categories of workers and optional insurance which insurance may enroll
those which, although not falling within these categories, however, are in possession of the residence.
They are considered subjects for general compulsory employees of both sexes and of all nationalities
over 14 years, according to art. 19 of Law 22 December 1955 n
. 42 and:
a) small farmers, tenants farmers and settlers, as well as family workers included
in the same state the holder's family, and also any other persons who, individually or associated, exercising professionally and
only one activity organized for the cultivation of
farm land, forestry, livestock farming and related, considering it related to those
direct to the transformation and alienation of ell'azienda products and have an annual income of | L. || least 4,000,000 if only, in addition to 2,000,000 lire per family worker;
B) holders and joint holders of license, individuals, as well as family workers included in
same family status of the owner who exercised professionally and exclusively a
craft and enjoy an annual income of at least L. 8,400,000 for each owner or co-owner
addition to L. 4,200,000 per family worker;
C) holders and joint holders of license, persons who actually practices professionally and exclusively
an intermediary activities in the movement of bni, or other auxiliary activities of those here
indicated, provided that enjoy an annual income of at least L . 8,400,000 for each owner or co-owner
;
D) natural persons who are owners or co-owners of the business venture whose income
industrial license must be at least L.8.400.000 for each owner or co-owner;
E) freelancers long as there is eligible for an annual income of at least L.8.400.000 and
demonstrate that he acted professionally in the pertinent year.
The assessment of professionalism is entrusted to the Institute for Social Security.
Those who do not reach the minimum income of this Act, must pay contributions
based on the minimum income provided herein.
The minimum income in points a), b), c), d), e), shall be reassessed annually by Decree
Reggenziale on a proposal from the Commission General of the Institute for Social Security in order to | || reach within three years of entry into force of this Act, the balance of management.
Are excluded from insurance under this law by officials of the State
subject to Law 8 March 1927 n. 7.
The social pension is paid to the subjects in art. 23 of this Law.
Art. 2

technical and financial statements of the Fund The Fund is ordered Sorting:
a) for compulsory insurance year, with the financial system of a technical breakdown
supplemented by the creation of a reserve fund referred to in art. 92;
B) for optional insurance year, with the financial technical system
capitalization.
The Institute carries out any annual compilation of separate accounts for the two insurance and,
in those concerning compulsory insurance, t ene separate accounting data relating to
ordinary pensions from the data pertaining to the privileged pensions, according to the rules contained in articles.

92 and 93. The reports are submitted to the General Control Commission pursuant to Art. 6, Number 2
Law 30 June 1964 n. 37.
Art. 3

Subjects Subjects compulsory insurance are the lavor subordinate bulls and autonomous in the previous
art. 1, the state and all other public employer or private.
Art. 4

Compulsory Insurance The insurance obligation starts from the start date of an activity performed in the working age, including
obligation itself. It lasts until the complete cessation of such activities.
The working age, for the purposes of this Act, is set at not less than 14 years.
Officers in full compliance with the insurance obligation, for employees,

Are their employers, and the self-employed, shall proceed
ascertainment of persons subject to the obligation itself, on the basis of existing subscriptions
in the Office Tax Law, of those master data and the statements made by the parties concerned.
Remains compulsory insurance in case of temporary absence from work when workers
continue to receive all or part of the retribuz one.
Remains compulsory insurance for self-employed throughout the period in which they
legitimately registered as such in the Tax Office registers.
Art. 5
Contributions and competition of the State
It provides for the mandatory insurance charges by fan employers,
workers and the state, who participates in it as such and as an employer of workers in || | a paid activity under him.
The contribution for employees is established at 10% of their pay and
rests in the extent of 8.40% on the employer and 1.60% the worker; of the contribution of the
'87% rate it is intended to cover expenses for ordinary pensions and the residual
13% tax rate is intended to cover expenses for the privileged pensions.
The contribution for self-employed workers included in the insurance protection, it is established in
surtax to tax social security fixed by art. 15 of Law 22 December 1955 n.
42, accounting for 10% of their income; the revenue is distributed according to the rates specified in the second paragraph
purposes therein.
The contribution for the settlers to the extent of 1.60% levied on them and the extent of 8.40% on their respective licensors
.
The contribution for apprentices, of Law 17 February 1961 n. 7, as amended, at the
by the State.
Addition, the State contributes to the restoration of any annual deficit of individual managements
whose expected pension fund art. 1. However, the intervention of the state reported to the individual
management, may not exceed 25% of annual revenue contribution of the same management, without prejudice
a contribution of at least 10%. An exception is made for the management of the fund for farmers
which the consolidation is provided for in art.
86. The rate of the contribution referred to in this Article will be reviewed annually by the Commission
General of the Institute for Social Security that will propose to the Great and General Council
any changes in order to Mantener l ' the pension fund balance.
Art. 6
Remuneration and contribution of employees
The remuneration subject to contribution, for knitted re subordinates, it is considered
Article 34 of Law 22 December 1955 n. 42. If the pay, ragguagliata to day, is lower
50% of the average daily wage in art. 54, the same salary you consider however
equal to the daily figure for the purposes of contribution rate.
This amount can be varied with Regency Decree on a proposal from the General
Commission.
The collection of the insurance contribution is ttuata eff Institute together to tax social security
provided for in Article. 15, letter a), group I, of Law 22 December 1955 n. 42,
in the manner prescribed by the third paragraph of Art. 33 of the same law, on the basis of a single monthly report
consists of a list of names of employees to be drawn on the form.
In the complaints, to be submitted by the 15th of the following month, the one to which it refers, must be
among other things indicated per name:
a) the number of daily contributions due in the month which is equal to that of the days of actual
employment or paid leave during the month itself, trade union and political
permission, paid holidays;
B) the amount, observed the requirement of minimal, the salary for the month considered for
days of work or paid leave;
C) the amount of the relevant insurance contributions;
D) the amount of remuneration actually paid during the month for the working days or paid vacations
;
E) the amount of the corresponding tax and social security contributions under Articles. 15 letter a)
group I, and 33 of Law 22 December 1955 n. 42;
F) the details of its payment on the bank account held by the Institute.
The contributions for homeworkers are levied with a special monthly report form, to be submitted within the period
expected for the majority of workers and in which they must be among other
indicated for each employee:

1) the number of days of employment on the basis lle tables set up by the Executive Committee
pursuant to art. 8, paragraph 5, of the Law 30 June 1964 n. 37;
2) the amount, observed the requirement of minimal, relative to the month
pay and that of the remuneration actually paid during the same month;
3) the appropriate amount of insurance contribution, as well as to tax social security
under Articles. 15, letter a), group I, and 33 of Law 22 December 1955 n. 42.
The contributions for employees in services to family members until a different decision taken by the Commission under Article
Executive. 8, item 6) of Law 30 June 1964 n. 37
are briefed at an average salary equal to 50% of salary, compared to the day, of which
art. 54 below, for domestic subjects compulsory insurance, it shall levy on
with a special complaint form in which, for each employee, are given the news of
in the fourth paragraph, letter a) , and those referred to in items 2) and 3) of the fifth paragraph of this article
, commisurando average salary aforementioned also the contribution and the tax social security
.
The employer is responsible for the full payment of contributions and tax social security
.
The employer, for the amount payable by the employees including nte, must provide for the relative detained on
him pay at the expiration of each pay period for which the contributions and the tax are
due or, for home workers, upon which in turn corresponds to them
remuneration agreed.
The arrears as an advance of pay corresponding to pay periods expired, the monthly installments over the twelve
, prizes and Associations Company paid one or more 'times a year are subject to contributions and all
'sets aforesaid for the day they are actually paid and based on the rates in effect on such day
.
The complaint forms are approved by the Executive Committee in accordance with art. 8, paragraph 8),
the Law 30 June 1964 n. 37.
The complaints are signed by the employer or by a person delegated by him.
They must be countersigned by the representative trade union or corporate structure that has
right to take in view of the prospects of quietanziati salaries of employees and annexed to
summarized report.
Art. 7
Contribution for self-employed
It provides office to determine additional excise tax social security due to
way of social security contributions for the self-employed according to findings of the investigation
run towards the workers themselves subject to the minimum laid down in Article.
1. Through Esattoria State is provided for recovering the contributions in three quarterly installments,
by special separate roles for each category of insured persons referred to in the second paragraph of Article
1, letters a), b), c), d), e), and compiled by the Tax. These roles,
payable to each holder or co-owner and family worker artisan or farm, commercial or entrepreneurial
and each freelancer, ono made public in the existing forms of law.
Landlords are responsible for the payment of contributions for the portion borne by settlers,
prejudice to the right of recourse.
Art. 8

Prescription contributions Insurance contributions are prescribed with the elapsing of five years with effect from 1 January next year
which had to be paid.
If omission derives the criminal proceedings decorr nce of limitations commences from the date of irrevocable
definition of the criminal proceedings.
It is not allowed the opportunity to make payments to the regularization of arrears of contributions, after
respect to them is time-barred.
However the employer, the insured or his survivors are entitled to pay a capital
in compulsory that, compared to the payment date and age had or would have had the insured
that date, give rise, according to optional insurance rates
covered by art. 48 to a pension at the normal retirement or to the portion of the ordinary pension
liquidated to load compulsory insurance if they had been regularly paid the omitted contributions
and no more 'recoverable due to prescription.
In the case envisaged in the previous paragraph we have also implemented the accreditation of contributions prescribed
, with a special notation on insurance position set out in 9 below.
Art. 9

Accreditation and effectiveness of mandatory contributions
It provides for the accreditation of compulsory contributions on special cards or through adequate magnetic
, a definitive and provisional, which constitute the insurance status of each worker
and that are characterized by an invariable number for the duration of the relationship
insurance.
This number coincides with one assigned to each worker for health care purposes.
The accreditation on the provisional ballot takes place, for employees, according to
complaints of employers for individual pay periods that are followed by the actual and
regular payment of contributions and, for self-employed, according to the communications
occurred collection that Esattoria State is required to do at the Institute.
Based on the data given in the provisional ballots on the basis of the information referred to in Article.
6 of this Law and the previous paragraph, in the final board should be recorded at the end of each
calendar year, divided by the insured membership categories pursuant to art. 1:
1) for employees, the annual salary subject to contribution and the total number of daily
contributions paid in that year;
2) for self-employed:
a) the annual salary is equal to the income on which you have calculated the contribution rate for the
management of the Fund established under this Act;
B) the number of daily contributions consisting of the product obtained by multiplying by 18 the number of months
and fractions of months for which, in that year, was charged at the additional
'social security tax.
If the employment relationship is constantly plays with a lower daily schedule
6 hours, accreditation of the useful days of the final board is after
considered to be equal to 1/6 of contributions each hour of work performed.
The registration on the boards of salaries to only those workers must be carried
even if you do not proceed to the accreditation of c ntributi by omission of the relative payment
by those who are bound.
The daily contributions in excess of 216 in the year and those that overlap for the same periods in
due to multiple esplicate activities by the same insured, they are not useful for the purposes of the right to retirement and should be recorded
year apart, separated by category of
worker within the meaning of art.
1. On the final cards, must be recorded the crippling measures in all or part of the contribution or
concerning, in application of art. 25, redemption or transfer
in voluntary than embezzlement.
The contributions paid for periods subsequent to the effective date of retirement for old age
direct or disability are not useful for the purpose of an increase of the same board, but are counted
in the eventual liquidation of the survivor's pension. However, in case of any
liquidation of a direct pension after the lifting ol 'nnullamento other previously liquidated
, they are to compute all the valuable contributions, including those described above.
Insurance beginning and later every two years, the Institute, on request, shall make
copy of the final card to each person concerned in order to make informed of his situation
for the smooth in payment of contributions which concern him.
The provisional ballots once transcribed the data on the annual card, are stored separately,
in the files to be payable to each insured. The cards can be replaced by suitable supports magnetic
.
Art. 10

Accreditation of imputed contributions are considered ex officio as a contribution covered the periods during which, successively
beginning of compulsory and before the effect of an ordinary pension direct
, insured persons referred to in Article. 1 appear to have benefited from the allowances provided for in the event of temporary disability
or involuntary unemployment or lay-off, by
rules contained in Title III of Law 22 December 1955 n. 42 and Law 28 October 1975 n.
37. In relation to the periods indicated in the previous paragraph for each year calendar and record special
, are accredited on the insurance position as there are so many daily contributions, after deduction of
two sevenths, limited in the case of involuntary unemployment, the days
compensated in the year. In deduction it neglects the fraction of the day.

The remuneration to be provided for contributions accredited under this article consists
amount of that allowance.
The imputed contributions are considered useful, all of those compulsorily paid, since
to the right to a pension and the relative measurement.
I do not imputed contributions are accredited, if, for the same period, have been paid as required
.
At Pension Fund provisions of art. 92 is transferred to the amount calculated by applying the established rate
art. 5 on the level of benefits paid in the year of expertise and who
given the accreditation of imputed contributions. The transfer is reflected by the
managements concerned.

TITLE II PERFORMANCE AND REQUIREMENTS FOR THE RIGHT TO BENEFIT
Art. 11

Performance The Institute for Social Security provides:
1) persons employed for general compulsory the following services:
a) - ordinary retirement pension;
B) - Disability pension;
C) - privileged Board;
2) their survivors:
a) - indirect Board or survivor;
B) - Indirect privileged Board;
3) Social pensions;
4) Optional Pensions.
Art. 12
ordinary Retirement pension
A) For the persons insured under the previous Art. 1 - second paragraph - excluding
insured referred to in subparagraphs a) and d) of the same article, it is the pension old when
contribute the following requirements:
a) aged less than 60 years; b) contributions credited for at least 15 years equal to n. 3,240 contributed daily
; c) state of non-employment.
The achievement, by the insured, before reaching 65 years of age, the requirements
provision for the issue of the right to treatment of pensions, it does not constitute just cause for dismissal
.
B) For the persons insured pursuant to art. 1, letter a) and d), the old-age pension is vested
when they compete the following requirements: a) Age no feriore 65 years; b) at least 15 years of contributions n |​​|| accredited correspondents. 3,240 daily contributions; c) state of non-employment.
Art. 13

ordinary Disability pension For persons insured under art. 1 is up, at any age, as long as not more than
65, a disability pension when the following conditions:
a) at least 7 years of credited contributions equal to n. 1,512 daily contributions of which at least 432
accrued in the last three years;
B) the degree of invalidity;
C) state of non-employment;
D) be provided with the request of the service. It is believed reached the state of disability
when the insured person's earning capacity in occupations consonant with their abilities is reduced
permanently by at least 65% due to physical or mental defect.
In the case of occupation of a subject already considered invalid or will undergo predictable
aggravation, the same is required to make a complaint to the Institute for Social Security that will have a visit
preventive doctor. Diagnosis secure or probable disability and failure to report
condition the validity of the insurance relationship which will not produce effects only after seven years of contribution and
n. 1,512 daily income acquired in the territory of the Republic.
Art. 14
ordinary indirect Board or survivor
The survivors referred to in art. 15 entitled:
a) to ordinary survivor's pension, in case of a direct pensioner death
old wound up pursuant to art. 12, or a direct pension for disability under
of art. 13;
B) to an indirect ordinary pension, in case of an insured for which at the time of death
same, are credited with at least seven years of contribution corresponding to 1,512 daily
contributions, of which at least 216 made in 'last five years or at least 3,240 daily
contributions equal to 15 years of payment.
Art.
15 Survivors with a right to a pension
They are considered survivors for the purposes of the preceding ar. 14:
1) the spouse of the deceased worker as long as they contribute to the following conditions:
a) there is no separation charged with enforceable judgment to the surviving spouse;
B) state of non-employment;
C) Marital status to be at least two years before the death of the assignor and the
become entitled to a pension, including people with an age of not more than twenty years and
difference before their 70 years by the pensioner, unless the birth of offspring even posthumously and death
from accidents at work and occupational disease;
D) state of widowhood.

It remains unaffected, if recognized with the final order of the Magistrate, the right of the spouse or spouses
against which judgment was handed down cessation of civil effects of marriage to the worker
then remarried to a share of your pension possibly due
last spouse of the worker.
2) Legitimate children, natural or recognized and a person treated as children within the meaning of disposizi n
force in the field of family allowances, always cherisultino meet the following conditions:
a) under 18 years or, in the case of more than 18 years, the absolute inability to any profitable
work;
B) was unoccupied at that date and succe sively;
C) state of being unmarried or unmarried;
D) was charged condition of being of the family unit at the date of death of the pensioner or insured.
Art. 16
State of employment and no requirement of actual contribution
It considers the requirement of non-employment when a person does not exhibit
activity as an employed person or a self-employed with the exception of point a) of Art. 1
within and outside the territory of the Republic.
Where the asset does not consti office, applicants or holders of the performance they are required to make a specific complaint
Institute.
Contrary to what is established by art. 38, para qu rto, the Law 17 February 1961 n. 7, the right
to ordinary pensions remains subject to the actual collection of insurance contributions.
The employee can substitute in the event of default by the employer, which in this case
are obliged to repay the full amount of the contributions paid by the employee or omitted,
reporting any potential penalties, the costs and sub damage you, regardless of liability also
in criminal order that the fact may lead the employer to the same job.
Art. 17
General requirements for pensions privileg ate
The right to privileged pension is subject only to the satisfaction of the conditions that
are established in this Act.
The responsibility privileged pension even if the person in charge compulsory insurance or self-employed
has failed in whole or in part to his relevant obligations. The aforesaid
board, concurring the legal conditions, is due regardless of any requirement also
contribution potential for the objective fact of an accident that occurred:
a) the insured referred to in Art. 1 during the course of work;
B) even after the suspension or termination of such activities in regard to the
occupational disease, as long as it occurs within the time limits set for this purpose in the annexed

The Table A. privileged pension is payable even if the event occurs outside the territory of the Republic,
in the explication of his employment or self dipendte temporary
as long as there is not entitled to a similar benefit under the legislation in force in the State
predicted where the event happened, and as long as the Institute for Social Security has been made previously informed of temporary
above to be carried out abroad.
Art. 18
privileged Pension The pension for an accident at work is due when:
a) the accident has occurred due to violent causes during work or during the journey within
by the way more 'brief or more' easy in normal time, to travel from their homes to their place of work or
go from this to the same dwelling;
B) it is derived from it the death of the injured or permanently incapable of work, absolute or partial
.
For the purposes of this Act, it shall be deemed absolute permanent disability the result of an injury that
take off completely and throughout the vit 'workability.
In the case of permanent partial disability the privileged pension is payable only when the attitude to work
result decreased by no less than fifteen percent.
Art. 19
pension for occupational disease
The pension for occupational disease when it competes:
a) resulted contracted one of the diseases exhaustively listed in the table attached as Annex A
this Act;
B) the morbid state has been established by the Institute and is commenced within the time limit set in the
table for each disease for each processing where the disease is a result;
C) it is derived from the disease's death lavoratre or absolute permanent disability or partial d
degree not less than fifteen percent.

The table attached as Annex A to this l ading can be updated with Decree
Reggenziale on a proposal from the Commission General of the Institute for Social Security.
Art. 20
privileged Pensions survivors
The surviving insured under this law are entitled to a privileged
indirect pension, in case of certain death by accident or occupational disease the insured
same.
When death as a result of injury or malatti professional comes after
liquidation of direct pension, the demand for black October granting the indirect pension
must be proposed by the survivors, to decadenz penalty, within twelve months from the date of death.
The survivors persons entitled to benefit are those indicated in the previous art. 15. For the purposes of the right to privileged pension
is not required for the surviving spouse and any children of the condition
was unoccupied.
Art. 21
Assessment and graduation disability
In cases of permanent disability provided in the table attached as Annex B, the attitude
work, the effects of the liquidation of the pension, means reduced in a percentage | || indicated for each case.
The absolute abolition of the functions of limbs or organs or parts of them it is equated with their total anatomical loss
.
By contrast, when the limbs or organs or parts of them have only partially lost their
function, the degree of reduction of the attitude to the voro is determined based on the percentage of disability established for
their total loss and in proportion to the business value of the lost function
.
If you lose more 'limbs or organs, or more' parts thereof if it is not expressly provided for in the table of multiplicity
, the degree of reduction of the attitude to work has to be || | determined from time to time taking into account that, as a result of the accident, and
effect of the coexistence of individual lesions, decreased the work attitude.
The same criteria apply when the assessment or disability arising from graduation
more 'accidents at work and more' events result of occupational disease.
Art. 22
Prescription of the right to privileged pension
If the Institute is not aware of the possibility of disabling sequelae following
of the accident or occupational disease, forfeits the right to privileged pension the insured | || who has not taken steps to request it within a deadline of one year from the date of termination
economic compensation for temporary incapacity resulting in the accident, or, in the case of occupational disease
, within the deadline indicated for each disease in
Table attached herewith as Annex A.
If the injury or occupational disease have led directly or indirectly the death of the insured
, lose their right to privileged pension the
survivors who have not effected the submission of the application within the deadline of six months from the date of
death itself.
Art. 23 Social pensions

The subjects of both sexes, residents either by birth who actually at least five years
in the territory of the Republic, a social pension is recognized when contribute the following conditions
:
a) do not enjoy any self-employment income and employed;
B) are free of other income of any nature or origin of the amount equal to or greater
amount of that pension, excluding optional pensions;
C) are not holders or joint holders of license or carrying out or registered in the lists of taxpayers
as freelancers;
D) have reached the age of 65 years or, at any age, if deemed unable to work.
Are considered incapacitated those for which it is ascertained by the Institute for Social Security
a decrease in working capacity of at least 65%.
If the amount of income referred to in point b) are lower than the amount of the pension social
it gives rise to the balance until the amount of the pension itself.
In addition, regardless of the provisions of Item b) it provides a supplementary allowance to the following conditions
:
1) persons, considered unable to work, they are unable to walk without
the permanent help of a carer or which, not being able to carry out daily tasks
of life, need continuous support;
2) persons who meet the requirements referred to in point d) above, and who are in a state of

Particular financial need where the spouse, parents or cohabiting children do not carry
activity subject to insurance and not siao of ordinary pensioners requirement delivered by
any social security body or qualunq income and amount of nature or greater than
minimum pension applicable at the Institute for Social Security.
If the amount of pension or income above is less than the legal minimum
the supplementary allowance is paid to adjustment. In this case, the supplementary allowance is paid
in an amount such that the conventional family mentioned in the preceding paragraph shall be granted a
monthly total revenue which is equal to the sum of the minimum amount
Security Institute board social and of the social pension.
The assessment of the conditions referred to in point 1) of this Article is left to the
Medical Commissions set forth in art.
61. The assessment of the conditions of point 2) of this Article is responsible
Institute for Social Security.
Art. 24
Financing of social pensions
The financing of social pensions is provided m means of a tax added to that of
social security applies to all income expected by art. 15 paragraph a) of Law 22 December 1955 n
. 42 at the following rates: 0.40%

Group I Group II 1% 1.50%

Group III Group IV Group V 2% 5%.
The collection paid with tax for social security in accordance with standards set out in the aforementioned article
. 15 paragraph 4.
Art. 25

Members may join the voluntary insurance voluntary insurance:
a) San Marino citizens who do not fall into the categories of workers protected by the compulsory
and among the citizens of San Marino, but residents;
B) all those who, being undue holders of non-repayable contributions, they must be considered
registered office in accordance with art. 25, paragraph 3;
C) all those who demand the transfer of mandatory pension contributions;
D) the persons cohabiting with the member or with a worker including insurance obligation,
when caring for household chores;
E) children of any age or of the member of a worker including the insurance obligation;
F) the priests and religious in the Republic residents.
Members retain their rights even if they transfer their residence outside the borders of the Republic
.
Art. 26

Contributions undue Undue contributions are returned without interest to people who have paid them, via a specific question
Institute within a deadline of one year from the end of the one in which the contributions
themselves are paid. The employer shall reimburse the employee shares
relevant to the latter.
The undue contributions are paid in full to the subordinate worker if the employer expressly renounces
to his share.
Where is presented in the application for an rimbo know the contributions are transferred in insurance
optional name of the person for which they were paid, considering
as years of payments than those for which they have been accredited in compulsory and correspond
, in addition to those contributions, interest at the rate of 7%.
Not be held neither to return nor to transfer to the optional contributions undue
made in bad faith or willful misconduct. These contributions are accounted for at the Pension Fund and not
give rise to a kind of performance.
The rates will be changed annually by Regency Decree on a proposal from the Commission
General of the Institute for Social Security.
Art. 27

Application form The application form, except that this does not happen automatically in accordance with the prior art. 26
third paragraph must be submitted to the Institute, together with the state of the family if you
refers to people living with the members and, pr be taken into consideration, it must contain a receipt certifying the
payment of L. 5,000 on giro account held by the Entity manager.
It is signed by the person exercising parental authority or guardianship for those who are minors or interdicts
and is countersigned by the person exercising parental authority or guardianship for the emancipated, the
interdicted or incapacitated .
The Institute may require the submission of the birth on the person to be entered and any
necessary evidence to identify or demonstrate that they meet the necessary requirements.
The question, if successful, results in the opening of an individual account identified by a number

Progressive invariable for each writing and delivery, to him or to whom, the special manual registration
bearing on the title page and on the sheets containing the invariable number of individual account
.
If the application is rejected or is not followed by further funding the deposit is forfeited in
expenditures.
The Institute shall notify the concerned office ransferring contributions wrongly paid
in insurance required, to open their individual accounts and send them the enrollment book
COD L. 5,000.
Art. 28
Deposits and related
The writing mode or whoever can make payments at any time, by applying on the special sheets inserted in
special stamps enrollment book established pursuant to art. 8, Number 10,
the Law 30 June 1964 n. 37, and causing them to cancel.
After a two-year period from the last day of the year, which has been issued, the member or his
is obliged to present it to the Institute, which shall withdraw and sheets containing brands, to note down | || received the total amount of these values ​​on the registration booklet and upgrade, where appropriate the
supplied the sheets after affixing invariable number of individual account held
to the member. The operation must be repeated at the end of each two-year period following the last day of the year when
has done the previous one.
The Institute provides the recording of payments into individual accounts of the parties and to
collect the amount represented by the sum deglianzidetti values.
Except as provided by art. 29 recordings on the individual account are authentic to every
effect, but are likely to corrections due to clerical clerical error when the
paying the pension, based on the sheets withdrawn per insured and stored with the acts
archive after suitable drilling.
Art. 29

special Sanctions The use of false values, null or counterfeit, detected at any time by the Institute for Social Security
, involves the penalties provided for such offense in addition to those prescribed in this Law,
regardless of the cancellation of payments which may be registered in the individual account
as a result of the aforementioned values ​​and the pension or any share of pension paid on the basis of
contributions themselves.
The details of the measures which invalidates the payments are to be recorded on the individual account of the person concerned
.
Art. 30
Duplication of enrollment book
The lost books, destroyed or rendered unusable can be renewed by paying a fixed law
L. 5,000. However no duplication is allowed in respect of the papers included in the booklet
lost or destroyed and which as revenue stamps have been affixed to that, to be effective, must be
not only found, but so no doubt attributable to the person
who requested a duplicate.
Art. 31
requirements for retirement optional
The right to voluntary pension is obtained when the following conditions:
a) not younger than 65 years;
B) the total amount of payments to allow the liquidation of a benefit not
less than L. 25,000 for thirteen monthly installments in accordance with the rules of art. 48,
point a).

TITLE III MEASUREMENT OF PERFORMANCE
Art. 32
direct ordinary Old-age pension or disability
Direct monthly retirement pension or disability amounts, for each year of contributions up to
15, 3% of the average monthly salary as determined below and the 2% of the same salary for each
following the 15th year.
The remuneration is determined as follows:
a) the sum of the wages or annual income recorded in the insurance positions for the last 5 calendar years prior
retirement after re alutato the same amount corresponding to the
annual index change in the cost of living between the calendar year which the remuneration refers
and the previous one the effective date of retirement, with the prohibition of exceeding the maximum percentage
retirement than the last salary or income monthly individual percepienti;
B) dividing the sum a) by the number of contribu the daily gains credited in the five years;
C) Multiply the result b)
18. For the calculation of the daily contributions profits referred to in subparagraph b) follow the rules of Article. 9 previous
.
The number of years of contributions is given by the quotient obtained by dividing by 216 the total number of daily contributions
useful for the purposes of acquiring pension rights.

Any remainder is computed on the basis of many years twelfths those resulting from
quotient obtained by dividing the remainder by 18 and neglecting the further residue.
If the salary or the average monthly income according to section 2 compared to year is
greater than $ 21,175,000 the percentages referred to in the first paragraph shall apply to the amount obtained by
riprosizione to month for 13 months of the roof above.
If the insured, in the last five years preceding the effective date of retirement, has not matured
least 432 useful contributions, the determination of the pension is made on
last 5 calendar years in which it is verified the insurance obligation by applying the rules laid down
according to the preceding paragraph.
The pension thus determined may not exceed the salary or income taken as a basis for calculating the pension
measure, subject in each case the right to the payment of an amount equal to that of the minimum pension
.
The annual index changes in the cost of living and the maximum annual remuneration taken as the basis for calculating
are established by January 31 of each year through Reggenziale
Decree on a proposal from the General Commission.
Art. 33
ordinary indirect Board or survivor
The pension Survivors is equal to the result obtained by applying the following percentages
to that awarded or that would be paid to the insured under the previous Article 31,
observed the provisions of the seventh paragraph of article 10 above.
A) 50% for the spouse only or child only;
B) 60% for two children alone;
C) 65% for the spouse contest with only one child;
D) 80% in the case of the spouse's competition with two children;
E) 90% in the case of three children alone;
F) 95% for the spouse competition with three children.
If you concur with the right to pension due the surviving spouse and four or more 'children, or four or more
' children only, the board itself is equal to 100% of the direct one. E 'without prejudice
in any case the measure of the minimum pension.
The survivors acquire the right to a pension for their title but it is liquidated in effect
with single supply regardless of the number of beneficiaries or family situation,
except as expressly provided by these Articles. 34, third paragraph, 35 third paragraph, and 36
paragraph two of this Law.
Art. 34
Start date and duration of ordinary
The pension for old-age pension commences on the first day of the month following the month in which they are competing
requirements found in the art. 12 and its right lasts for the entire life of the insured
.
The invalidity pension commences on the first day of the month following the date of
presentation of a special application, if the requesting authority meets the requirement of the status of non
jobs to date; otherwise, dec rre the first day of the month following the one in which
helps even the aforesaid requirement. The relative lasts right until contributes
the state of invalidity which is susceptible to revision office at any time.
Survivors' pension commences on the first day of the month following the date of death of the pensioner or insured
if the applicant or applicants meet the state requirement of non
occupation on the date itself, or, limited or to the respective to their shares as
from the first day of the month following that on which contributes also the aforesaid requirement, ie
from the first day of the month following the birth of children posthumously in the case referred to by the number 1 | || c), art. 15 above. Its lasts right up to when they compete for the
spouse, the requirements set in the article mentioned in subparagraphs b) and c) of number 1) and, for the children, the requirements
set out in that Article, the letters a) and c) of number 2); the state of disability or incapacity is
susceptible to revision at any office moento.
Art.
35 Reduction and suspension of the ordinary pension
The pension paid by virtue of Article. 52, first paragraph, of this Act is reduced
conformance with the provisions of this Article as from the first day of the
month following that in which occurred the simultaneous receipt of one or more 'of
performance ranging from those specified in the article itself.
The reduction does end with the last day of the month of cessation of its cause, whatever
number of days in which the cause itself lasted.
The direct pension and survivor's pension, ie the share of the latter relevant to one or more '

Co-owners, are suspended and are not up for the periods during which, after the
effect of performance, the owner, co-owner or co-owners are in a state of activity
in the first paragraph of art. 16. The suspension begins from the first month following that in which
began that activity and has end with the last day of the month
termination because he had given you place, regardless of the number of days employment.
Art.
36 Revocation and cancellation of the ordinary pension
The pension for disability shall be withdrawn from the first day of the month following the month in which
we proceeded to the audit notification has revealed a repurchase of | || earning capacity than the limit established by. 13 above, the purpose of the state of disability, or
, however, that no such state since the date of the application received for clinical evaluation
error.
The board or a portion of survivors or indirect pension is withdrawn from the first day of the month following that on which
:
a) the inspections of audit with the results shown in the first
paragraph against the owner as a child, with the result that he has identified the repurchase of an attitude to work
or the non-existence of a state of fruitful work incapacity until the date of the bid accepted for | || clinical error of assessment;
B) has attained the age of 18 by the clever son to work.
The pensions of any species shall be eliminated from the first day of the month following
which the notice of the revocation order when they are unduly paid for
error not due to bad faith of the applicants.
The pensions of any species shall be eliminated from the first day of effect when
are unduly paid in error due to bad faith of the applicants themselves or by third parties.
Regardless of the penalties provided for by the rules of this law, those responsible are
liable to repay the sums unduly received by the majority of the interest at the legal rate
.
Art. 37 Thirteenth installment

The ordinary pension calculated pursuant to the preceding Articles. 32 and 33 is paid for thirteen
installments, two of which are to be paid by December 31 of each year.
The thirteenth installment is up in full to pensioners living on 1 December. The first payment of the pension is
include any arrears and accruals of the thirteenth installment due for
months between the starting date of performance and the next 31 December.
Art. 38
Measure of direct privileged pension
The privileged direct pension is ragguagliata, in m sura equal proportion to the degree of decrease of
attitude to work, that calculated pursuant to pr ceding Articles. 32 and 37 for thirty years
contribution.
Apart from any action for the recovery of withheld contributions, where the position
insurance still does not exist, can not exist or does not contain all the information required by the said Article.
32 for the calculation of the monthly salary, this is considered as the sum of monthly
contractual wages in respect of the last five years and revalued in accordance with art.
32, a worker belonging to the same category and having the same qualification, seniority and age
of the one who suffered the injury.
For apprentices the remuneration shall be considered pri than monthly contract established for
category to which the worker would be passed at the end of apprenticeship.
For self-employed in art. 1 letter a), b), c), d), e) the remuneration is equal to the monthly income
applied by the Tax for the purposes of this Act funding.
The percentages indicated in the first paragraph shall apply the minimum pension set by the next
art. 51, all the times that is lower than the same minimum performance calculated for thirty to ni contribution
under Articles. 32 and 37 of this Act; that provision also applies
if the holder of the privileged pension is entitled to one or more 'performance
included in those mentioned in paragraph 1 letter a) and b) of Article precednte. 11.
These provisions only apply during pension calculation.
Art. 39
Measure of privileged pension survivors
Indirect privileged pension is equal to the result obtained by applying the percentages indicated
in the art. 33 to a pension corresponding to 100% of that calculated under Articles.
32, 37 and 38 the previous thirty years of contributions.

The percentages referred to in this paragraph apply to the minimum pension set by art.
51, if the pension calculated in accordance with the same paragraph falls below this minimum,
regardless of whether the holder or holders are entitled to one or more 'performance
ranging from those mentioned in paragraph 2 lit. a) and b) article 12 of this law.
This provision applies only during pension calculation.
In favor of the insured's survivors died from an accident at work, while traveling or illness professional
having acquired a minimum contribution required for the liquidation of
indirect ordinary pension, the granting of the benefit is extended the escalator up to
reaching retirement liquidated the legal minimum provided that do not receive other
pension paid by any social security body also abroad and not to carry out activities
still subject to compulsory insurance.
Art. 40
Start date and duration of the privileged pension
Direct privileged pension starts from the day in which the insured has ceased to perceive the
for temporary incapacity for work benefits.
If the pensioner is not entitled to this allowance, the benefit starts from the day
in which the corresponding application was filed.
Indirect privileged pension payments start on day of death of the pensioner or insured
.
The right to live privileged pension perdua until the holder is invalid beyond the established limits
art. 18 of this Law.
The right to indirect privileged pension lasts until the holder or joint holders
satisfy the conditions referred to in the art. Combined with that of Article 15.
20 last paragraph.
Without prejudice to the possibility of review of office at any time the state of
disability or incapacity, the direct privileged pensioners are subject starting from 1 April 1985
with the triennial revision of the percentage of ' disability.
Art. 41
Change and suspension of privileged pension
Direct privileged pension is varied upward or downward from the first day of the month
where took place the audit opinion which has declared an inability or less than that existing
.
The pension is suppressed when, as a result of improvement, it is found that the degree of decline
attitude to work does not reach more 'fifteen percent.
Art. 42 Overlapping of benefits

And 'admitted the heap of ordinary pensions in favor of the proprietor, in which case
not apply the provisions of art. 52 first paragraph.
However if the amount of the ordinary pension does not reach the minimum amount of which all'art.51,
does it rise to the payment of a rate equal to the difference between the minimum and the same sum aforesaid
.
The direct or indirect privileged pension is added to that ordinary due to the same
owner or co-owner, after reduction of the latter provision under Article. 52 third paragraph
if it is integrated to a minimum treatment.
The addition is still allowed up to an amount equal to the monthly salary
contractually due to a worker in att service activities with the qualification, seniority and age
had retired from or by the insured to dat ell'evento which determined the contribution of
privileged pension.
If the total of benefits exceed the salary indicated in the previous paragraph retirement privileged
direct or indirect decreased by a quota equal to its over.
Art. 43
Prevention and treatment of disability and disability
If it can be avoided or delayed to an insured to become invalid under
rules governing the awarding of the ordinary pensions, or might be eliminated or mitigated
so the disability already established pursuant to the aforesaid provisions, such as the inability established under
those governing the transfer of pensionable insider, the Institute has the right to take such remedies
d ' office or question, taking to bear the expenses of outpatient medical care
or hospital, the apparatus of prosthesis or ognaltro treatment aimed at rehabilitation, the
employment and vocational rehabilitation of the insured himself.
It suspends the liquidation or payment of ordinary invalidity pension and retirement direct privileged
to policyholders or pensioners who, without good cause, refuse to

Submit to treatment deemed necessary for the purpose indicated in the previous paragraph or who pose
in the inability of those who carried out shall physically do so.
If the Institute does not consider justified the refusal to submit to curative treatments, rehabilitative or
riqualificativi or there is disagreement about the treatment between the Institute and the insured, the decision is referred to a college
three doctors, two of which appointed by the parties and the other by mutual agreement between the parties themselves
.
The performance by way of prevention or cure the invalidity or disability are not charged to the pension fund
, but weigh on expenses for the erogazi it
health benefits covered by Title II of the Law December 22, 1955 n. 42 and constitute a related item budgets.
Art. 44

fraudulent disability or disability is not entitled to a pension so ordinary as to be in a privileged way
if it appears that the insured has obtained the invalidity or disability or who intentionally You have voluntarily
aggravated the consequences.
If the pension has already paid you to annulment under Article. 58.
Art. 45

Social pension Social pension shall be equal to 25% of the average wage contract
in art. 54 last paragraph.
The supplementary allowance is equal to the difference in force as of January 1 of each year between the amount of
social pension and the minimum pension in art. 51, first paragraph.
Art. 46
Start date and duration of social
Social pensions pension commences on the first day of the month following the date of submission of the application and its
lasts right until the subject is in possession of the necessary requirements.
In all cases the additional allowance distinct right from the social pension, supplementary allowance
commences on the first day of the month following the date of application.
Art. 47
Reduction and suppression of the social pension
Social pensions paid to article 23 effect is reduced in accordance with the provisions of that article
from the first day of the month following the month in which they are verified
conditions of enjoyment of the income of the first subparagraph, point b) of that Article.
The reduction does end with the last day of the month of termination of his cause whatever
number of days in which the cause itself lasted.
The social pension is deleted with effect from the first day of the month in which the
conditions have occurred involving the revocation of the law in accordance with art. 23.
Art. 48

optional Pensions The pension in the form of annuity for thirteen installments shall be:
a) the amount resulting from the sum of crrispondenti quotas to tariffs as per
table attached to this law under the letter D), provided that this amount is not less than 325,000 lire
;
B) by integration by the State to the extent of 25% of the amount specified under the
letter a), up to a maximum of 100,000 pounds per year, q alora the writing has not received
any other pension or allowance continuously between those indicated in art. 11 of this Law and not
appears explicated profitable activity pursuant to art. 17 first paragraph of the present law.
The board already liquidated its amount is reduced by the percentage indicated in the letter b)
from the first day of the month following the month in which there was an
of the conditions mentioned in the preceding paragraph. The reduction does end with the last day of the month of termination
of his cause, whatever the number of days n which the cause itself lasted.
Art. 49
Capital to replace retired
The writing if reaches the age of 65 and not p ssa receive payment of a pension of at least
L. 25,000 per month for 13 installments may seek the settlement in the form of a capital
equal to that of the same pension coverage, according to the rates set out in Article. 41
that it precedes.
If the member dies aged less than 65 years or prior to the commencement of the first day
rate of pension, the surviving persons mentioned in the previous article entitled,
regardless of fulfillment or unless the conditions laid down by art. 15 to get the
repayment of the payments made pursuant to art. 28.
The Institute, with payment of principal or with the redemption of the preceding paragraphs,
irrevocably closes the individual account and is released permanently from any further obligation with
concern the applicant, which are not any circumstances pplicabili any improvements

Optional pensions.
Art. 50
transfer of contributions in insurance Question optional
They have the power to request the transfer of voluntary contributions in insurance policyholders the
who have not reached the contribution conditions for entitlement to retirement || | ordinary and have definitively ceased to care espl activity subject to compulsory insurance
.
The transfer does not affect the imputed contributions accredited under Article.
10 and does not include the contribution rate destined to privileged pensions if the applicant pensioner direct privileged
.
The application must be made to the Institute on plain paper, must contain an express statement of inactivity
pursuant to the first paragraph and must be submitted no earlier than one year solar
by the end of that which It refers to the last contribution paid under compulsory insurance
.
The demand determines the irrevocable cancellation of the insurance position and contributions figurative
therein accredited. They are subject to the contributions paid in consideration of any work activities
esplicate after filing it, which can be poured
compulsory insurance. Special annotation is done about the position of the person concerned
.
The transfer of mandatory contributions in voluntary following question
produces the same effects as those provided in paragraph trzo of art. 26. TITLE IV

MINIMUM PENSION AND ADJUSTMENTS
Art. 51
ordinary Old-age pensions, disability and survivors The minimum pension excluding
holders belonging to the category referred to in subparagraph a) of Art. 1 is L. 539,683 for thirteen
month.
The minimum pension for persons referred to in subparagraph a) of Article. 1 is L. 523,183 for thirteen
month.
The minimum above are automatically updated to the application of Article. 53 next
.
Art. 52

Ordinary adjustments to the minimum old-age pensions, disability and survivors, where, calculated pursuant to the preceding Article.
32 and 33, do not reach the minimum level of the preceding article, are integrated to the same minimum
force at the effective date.
The supplementing the minimum is not for those who are entitled to other pension, annuity or
ongoing provision of any kind was paid by the State or by any body
Social Security of the Republic.
In the presence, in regard to the same owner, integrated treatment
minimum ordinary pension and other pension or ongoing provision of any kind was paid by a foreign entity
any Social Security integration to treatment minimum is up with the following restriction
:
- if the foreign pension is equal to or less than L. 200,000 do not make no decrease
integrating the minimum pension;
- If the foreign pension is equal to or less than L. 250,000 the supplement treatment decreased
50% of the excess amount to L. 200,000 foreign pension;
- If the foreign pension is equal to or less than L. 350000 the supplement treatment decreased
L. 50,000;
- If the foreign pension is equal to or less than L. 450000 the supplement treatment decreased
L. 75,000;
- If the foreign pension is equal to or less than L. 550000 the supplement treatment decreased
L. 100,000;
- If the foreign pension is greater than $ 550,000 the supplement treatment decreased by
L. 150,000.
The reductions referred to in the preceding paragraph shall also apply in the presence, at the same owner, the
privileged pension.
The reductions referred to in the third paragraph are to rely exclusively on integrating the minimum treatment
, it is done therefore subject to the amount of the pension calculated in accordance with Articles.

32 and 33. Art. 53
Adjustment of ordinary pensions
Ordinary pensions would be increased by the escalator on a quarterly basis.
The value of each escalator step is fixed in 60% of the amount required by Law 21 May 1976 n
. 20, as amended.
In the case of co-existence of more 'ordinary pensions paid by the Institute for Social Security the
payment increase for the escalator it happens only once; Also if the sum of pensions
exceeds the legal minimum, the excess applies the provisions of the next
art. 54.
In the presence of co-existence of pension drawn from State already includes escalator

Ordinary pension paid by the Institute for Social Security of the latter will apply
provisions of art. 54.
Art. 54
revaluation of ordinary pensions above the legal minimum as from 1st
February 1983 and with effect from 1 January of each year the amounts of pensions exceeding
minimal processing are revalued, limited the amount exceeding the value of the treatment
minimum force at the time of revaluation as a percentage equal to the ratio that you get
comparing the value of the average wage of an industrial worker contrattule
including the amount of escalator noted t the end of the year prior to that from which he
effect the increase, with the same value with the exception of 60% of the amount of the escalator
detected at the end of the previous year.
The percentage referred to in the preceding paragraph shall be calculated annually by the State Statistics
and is enforced by Regency Decree on a proposal from the General Commission
Institute for Social Security.
For the contractual territorial average remuneration means that of an industrial worker,
established by Regency Decree through negotiation with the social partners concerned.
Art. 55

privileged Pensions Holders of preferred and survivors' pensions as defined in this law, with effect from 1 January 1984
and the amounts of pensions as from 1 January of each year, calculated pursuant to
previous Articles. 38 and 39 are revalued as a percentage equal to the ratio that you get
comparing the value of the average wage of an industrial worker contrattule
detected at the end of the year prior to that which has the effect of increasing, with the same value at the end of the previous
.
The percentage referred to in the preceding paragraph shall be calculated annually by the State Statistics
and is enforced by Regency Decree, at the proposal of the General Commission
Institute for Social Security.
Art. 56

Social pensions As of 1 January 1984 and with effect from 1 January of each year following
social pensions are revalued annually by applying Article 45 and Article. 54 last paragraph. TITLE V

SUSPENSION, CANCELLATION AND WITHDRAWAL OF PENSIONS
Art. 57 Suspension

When the holder of a pension or benefit covered by this law is to lose one
any of the requirements, excluding the medical evaluation, which led to the liquidation or
concession must to give immediate notice to the Institute for Social Security, which
notify the decision to suspend payment if it liquidated or liquidation if not yet granted
, subject to the following cancellation measures or definitive revocation. Similarly
it will be suspended the disbursement or settlement if the lack or well-founded suspicion of
lack of requirements were ascertained directly by the Institute for Social Security.
In any case must be followed within a deadline of ninety days, the final measure
cancellation or revocation.
If the fact on which the suspension is based derives criminal case, this period shall commence from the passage
court decision or the date of irrevocability of different
measure that closes the same criminal proceedings.
The suspension shall take effect the first day of the month following the notification of the measure
.
Art. 58
Cancel
When the pension benefit or other has been wound up or paid without
were satisfied, to the effective date, the legal requirements, the Institute for Social Security, prefixed
the suspension of enforceability of the preceding article, proceeds to cancellation
which is notified to the holder or to his heirs.
The measure will also indicate the undue sum to be returned to the Institute for Security Social
.
Annulment shall take effect from the time of the granting of benefits.
Against the annulment may be submitted to the Executive Board within 30 days of notification.
An appeal against the Commission's decision is open to appeal to the Judicial Authority Executive
within 60 days of notification.
Art. 59

Revocation When the requirements which have led to liquidaz one or payment of benefits are
subsequently fails, the Institute for Social Security, provided always the measure
suspension, declares It revoked with effect from the notification of the loss of good or requirements,
that gave rise to the establishment of the right.

In revocation, the Institute for Social Security will indicate the part of the sum
legitimately levied and the proportion that should be returned.
Against the revocation may be submitted to the Executive Board within 30 days of notification.
An appeal against the Commission's decision is open to appeal to the Judicial Authority Executive
within 60 days of notification. TITLE VI

FINDING THE RIGHT TO BENEFITS, CLAIMS AND LITIGATION
Art. 60
The requests for retirement, the decision to grant the Institute for Social Security is
notified to the applicant after the decision in line with the Commission of
Legitimacy Control.
If the application can not be accepted, the Institute shall give notice to the person, specifying the
reasons, by registered letter with return receipt.
Against the decision refusing it is possible to appeal to the Executive Committee of the Institute for
Social Security within 30 days of notification.
Against the decision of the Executive Committee of the Institute for Social Security, the
applicant may refer the matter to the judicial authorities within the time-limit of 60 days from
notification of the decision.
Art. 61
The claims provision requiring doctors nti on assessment, the Institute for Social Security
decide after consulting the Medical Commissions of first or second instance of paragraphs following
appointed by the General of the Commission .
These committees will also make use of pecialistici and laboratory tests.
They can not be part of the Commissions health exercising the profession in the territory of the Republic
or who are employees or consultants of natural or legal persons carrying
insurance business. The same, if you mistakenly appointed, they have the obligation to report
incompatibility, however, to abstain.
The Commission first instance Medica is composed of two health and the Medical Legal Institute
for Social Security that presides.
The advisory opinion, if negative, is communicated to cur the Institute for Social Security, the
applicant, who may appeal within the next 20 days to the Medical Commission of the second
instance.
The second instance Medical Commission is composed of two other health and Specialist Hospital and the
Service Manager who chairs.
The partisan doctor can assist the investigations and the formulation of the opinion.
Art. 62
Anyone who requires or benefits from services governed by this Act is required since
question or, where appropriate, then, to inform without delay the Institute for Social Security if
benefits from other pension, annuity or continuous economic benefit of any kind
delivered from any social security body, or to the tit assistance.
If the failure to communicate results in the liquidation or payment, even partial, of
performance that otherwise would not be recognized, the fact is considered and punished according to law
with the obligation of any refunds that He shall declare the office running judgment,
in this part, immediately enforceable.
They are exempt from the complaint under this Article of ordinary pensioners of
higher than the minimum of Law and the privileged pensioners.
Art. 63
Anyone with statements, documents, acts, behaviors or simulations mislead
the Institute for Social Security in the matters covered by this Act or by getting
get any insurance benefit, or a contributory
any benefit for themselves or for others will be punished in held to refunds as the preceding article.
Art. 64
If the facts referred to in the preceding articles are not chargeable in respect of fraud, they will be considered
offense and punished with a daily fine of I degree in art. 85 of the Criminal Code.
Art. 65 Recourses

The person entitled to a pension, economic benefit, benefit in kind and in any kind of
, arising or explicable to the obligations ac rico Institute for Social Security or, || | recourse whenever the case, the surviving spouse and redi, may take legal action, both in the civil
both by criminal, against the responsible for the fact from which retirement and other benefits
originate.
It 'incur liability, besides the fact the author and his co-obligors, who lent him
insurance guarantee.
In actions described above and in the agreements under qualsi forms, including settlement to them earlier,
concurrent and subsequent
, the Institute for Social Security is a necessary part. It is up to you
autonomous with respect to regulation of relations between the parties n addition, the right to privileged revenge on
amounts corresponding to the payments provided for in the first paragraph paid or to be paid to those entitled
.
The compensation must include the capitalization of pensions and continuous supplies of
economic nature, for the portion corresponding to the extent of guilt attributed to those responsible.
Until the conclusion of agreements or until the beginning of the civil or criminal judgment, the terms of
prescription to load the Institute for Social Security remain suspended.
The compensation can be implemented by the Institute for Social Security by means of direct action against the
taxable persons and also against the beneficiaries which have not made aware of the factual circumstances from which
liability stems.
Every contrary agreement is void and any legal proceedings to which the parties responsible
have not given legal knowledge at the Institute for Social Security from its inception, has
inapponibile Institute for Social Security m Desimo.
The capitalization referred to in the fourth paragraph is eff ttuata using, as the case that
occurs, the tables in Annex "C" of this law.
Art. 66
Non-transferability and insequestrabilità impignorabilità performance
The pensions and allowances payable under this Act are not transferable, nor be seized, nor
attachable.
The institute, unless the interested esprsa opposition in writing, is entitled to retain the pensions
in the preceding paragraph, the sums owed to it because no more than one third of
each installment to be paid monthly. The provision of this paragraph shall apply also
to survivors' pensions or indirect pertin nti to pensioners or insured that result
debtors Institute at the time of death.
In the case of opposition to the recovery of funds lent the institute should be entitled to withholding in
Pursuant to a decision of the Judicial Authority.
Art. 67
Exemptions and privileges
In the field of exemptions and privileges apply the rules contained in articles. 39 and 67 of Law 22 December 1955 n
.

42. TITLE VII PROCEDURE FOR THE PROVISION OF PENSIONS
Art. 68
Obligation of application
The entitlement to an ordinary pension does not arise ipso jure due to the existence of the requirements laid down to
, but is determined, in any case, with retroactive effect, from the special presentation
question Institute.
For the purposes specified in the preceding paragraph are not established specific requirements with the exception of the
writing and express statement of voontà to achieve a direct ordinary retirement, survivor
or indirect, or a social pension.
The claim for direct board means presented in order to obtain the
pension for old age or, not sussistendone the requ sites, the pension for disability.
Art. 69
Prescription rate of pension
Where the application of the ordinary pension is submitted after the occurrence of the conditions required
purpose, prescribing the right at any rate that relate to periods prior to quinqennio || | prior to 1 January of the year in which fat was the question itself.
It also prescribes the right to pension payments that relate to periods prior to
five years prior to 1 January of the year in which they are actually put into tate payment.
Art. 70 Submission of the application

The pension application must be accompanied by documents such as to establish the right of
applicant and must be submitted or sent to this Institute by mail with bend shipped via registered
.
The question is sufficient to ensure the emergence of the right even if the documentation
in whole or in part is submitted within the deadline for ntorio ninety days from the request made
Institute; the futile expiry of that period is cause for rejection of the application.
It is considered as the date that resulting from the Protocol Office if
presentation at the Institute for Social Security and that resulting from the postal stamp if
shipments via registered. The submission date is marked on the receipt that the Institute is
required to give when you recorded the incoming request.
Art. 71
documentation of the application for retirement
The application for ordinary board shall be supported the following documents:
a) birth certificate;

B) list of employers with whom the insured has lent his work in the five years preceding
1 January of the year of application;
C) the insured's declaration under its civil and criminal liability of the state not
employment under art. 16 first paragraph and the date from which it began;
D) statement that the insured does not receive op rcepisce and when, any pensions, annuities or other
have ongoing benefits provided for by art. 62 of this Act;
E) Professional booklet, if it is employed; for self-employed persons referred to in Article
. 1 the declaration of renunciation of the operating license, the certificate of cancellation by
Professional Register or termination of professional services with the exception of insured
referred to in art. 1, letter a).
Art. 72
of the pension application Documentation of the survivors
An application for a survivor's pension shall be produced the following documents:
a) pension certificate of the assignor;
B) family status of the transferor at the date of death; if there are children or similar
not enrolled in the same family status and to consider supr titi for the provision, an affidavit attesting
vival of these dependent children of a parent, or equivalent, to the aforementioned date;
C) Professional booklet predecessor, where they were employed;
D) birth certificate of the applicant or applicants for a pension;
E) statements by each applicant, similar to those indicated in letters c) and d)
preceding article.
If the applicant is the surviving spouse alone or inco course with the children, must also be produced
certificate or a judicial resadall'interessato statement, under his personal
responsibility, the inexistence of separation .
The question of indirect ordinary pension is to be accompanied of the same documents established for that
referred to in the preceding paragraph, unless the pension certificate must be replaced by the act of the insured's birth and must
be attached to the list of insured employers in the same
previous five years on 1 January of the year of his death.
Art. 73
Documentation of demand for social pension
The social pension application must be accompanied by the following documents:
a) birth certificate;
B) family status;
C) a statement of the applicant, under its respon civil and criminal skills, not to be in
conditions laid down in points a), b), c) art. 23 earlier.
If the demand for additional payments provided for in section 2) of art. 23 documents referred to in the previous paragraph
should be integrated with a prominent statement in case of coexistence with
spouse, children, parents provided the economy of the same.
Art. 74
General rules on documentation of questions
The Institute has the right to require any documentation, even different from that indicated by the previous
articles to ascertain the esistnza of pension rights. In particular can
require for questions, whose decision is conditional on the invalidity or disability
of applicants, the submission of a medical certificate of which shall include their physical conditions
in the opinion of the doctor.
The Institute also may establish one or more 'application forms in order to facilitate
interested in the preparation of the request and in its documentation.

TITLE VIII TRANSITIONAL PROVISIONS RELATING TO PENSIONS
Art. 75

Special rules for entrepreneurs Entrepreneurs who during 1979 have reached the age of 52, 53, 54, 55, 56, 57, 58, 59, 60,
61, 62, 63, 64, 65, are entitled to old age pension, contributing the other requirements laid down by Article
. 13, when they are credited to their respectively at least 14, 13, 12, 11, 10, 9,
8, 7, 6, 5, 4, 3, 2, 1, years of contribution and provided riscattino, at the time of presentation of
question a number of years equal to those missing to reach 15 years of contribution.
Entrepreneurs who during 1979 have reached the age of 59, 60, 61, 62, 63, 64 have
entitled to an invalidity pension contributing the other requirements imposed by art. 14
for them when they are accredited, respectively 6, 5, 4, 3, 2, 1 years of contribution and provided riscattino, the
moment of submission of the application, a number of years equal to those missing to reach || | seven years of contribution.
The survivors of entrepreneurs insured persons are entitled to indirect ordinary pension, contributing

The other requirements imposed by art. 15, when for policyholders, at the time of death,
are credited with at least 1, 2, 3, 4, 5, 6, years of contribution and the event itself took place
in the year 1980, 1981 , 1982, 1983, 1984, 1985, provided riscattino a number of years equal to those missing
to reach seven years of contribution.
At redemption will be covered by applying the rate provided for in Article. 5 last
income determined by this Act and for the years of contribution.
Entrepreneurs over 65 as of January 1, 1979 are entitled to a retirement pension and disability
and their survivors an indirect pension, other competing requirements when
appears to them credited at least 1 year contributions and is redeemed a number of years equal to
those missing to reach the minimum required contribution.
Art. 76
Special rules for owners and co-owners of commercial licenses and for freelancers
The owners and co-owners of commercial license and freelancers who have completed in 1982
the age of 65 are entitled to ordinary retirement pension, contributing the other requirements
under art. 12 as long as they prove their accredited at least 14 years of contributions and one year of activities carried out prior to 1969.

The owners and co-owners of commercial licenses and the professions in 1983
perform an age between 60 and 65 are entitled to pensioe rdinaria retirement, contributing others
requirements of Article. 12, as long credited with a whole year 1982 at least 14 years of contributions and provided
riscattino the missing year to reach 15 contribution.
At redemption will be covered by applying the rate provided for in Article. 5 last
income determined by this law for the redemption period.
Art. 77
Special rules for pensioners both ordinary and privileged
At ordinary pensions in payment at the time of the entry into force of this Act, which
for the cumulative effect of the ordinary pension with privileged pension,
have an amount less than the minimum pension, it shall apply from the entry into force of this Act, the willing
art. 42 of this Law.
Art. 78
Particular requirements for the old age pensioners or housewives disability and the Disability Support Pension

The pensioners Disability and old-age pension and disability housewives have
right, if warranted, to give up their retirement to take advantage of the provisions of this Act
.
The pensions of civil disability paid the entry into force of this Act
maintain their treatment and therefore remain hooked to the minimum pension of the Institute for Security
Social provisions of art. 51 first paragraph.
Old-age pensions and disability housewives paid the entry into force of this law
are attached to the amount of pension cial s mentioned in the first paragraph of art.
45. For accounting purposes, each management referred to in this article highlights the trend, firm
understood that the same affect the provision for social pensions in art. 90.
Continuing the delivery of the Disability Support Pension is subject to the permanence of the following requirements
:
a) maintenance of master data and actual residence in the territory of the Republic;
B) does not enjoy any employment income and not to be licensed;
C) do not enjoy annuities or pensions or benefits paid from any pension fund
San Marino or abroad for amounts equal to or higher than the board itself.
If the amount of pensions, subsidies and income referred to in subparagraph c)
​​ still lower than the amount referred to in paragraph 2, will take place at the balance up to the amount of pension that
.
The pension is reduced to 50% against the man who is hospitalized, he charged the Institute for
Social Security, in rehabilitation or nursing institutes for a period of not less than 30. In days || | the latter case, the reduction takes place from 31st day, and for the duration of hospitalization.
The contribution disbursement of the disability pension and old age home
is subject to the permanence of the following requirements:
a) maintenance of master data and actual residence in the territory of the Republic;
B) does not enjoy any labor income and not be licensed;
C) do not enjoy annuities or pensions or benefits paid from any pension fund
San Marino or abroad for amounts less than the amount of the pension itself.

Any costs arising from the deficit of the pension management for farmers are
charged to the State Budget to the extent of 75% since 1983 with a special allocation from
be foreseen from the financial year of 1984.
Art. 86 Financial balance

In order to ensure the financial balance is carried out a separate accounting
evidence for each of the categories of insured in art. 1 of this Act.
Art. 87

The Certificate of retirement pension certificate is drawn up by the Institute and must inter alia contain:
1) the precise and complete details of the holder or, in the case of survivor's benefits of | || any joint holders;
2) one of the following transfer of the ordinary retirement:
a) reasons for retirement (Ov), ordinary disability (Oi), ordinary survivors of a pensioner or insured
(Os);
B) privileged accidents at work (Pi), privileged occupational disease (Pm), privileged
to survivors of insured (Ps);
C) optional for old age (F.);
D) social old age (Sv), social disability (Si);
3) an appropriate category for pensions referred to in point 2) a) and b): Self-employed agriculture
(ag.), Independent of the trade worker (cm.), Self-employed || | craft (ar.), freelancer (lp.), entrepreneur (im.), employed (on.);
4) the serial number of separate retirement for each of the reasons listed under point 2);
5) the photograph of the holder where the pension is paid if, in respect of supplies to
survivors, there are more 'holders;
6) the effective date of retirement.
In the event of loss or destruction of the document, or when it is useless, can be released
a duplicate with the rules laid down by the Executive Board pursuant to art. 8
Law number 14 of June 30, 1964 n. 37.
Where should take place with the liquidation of piu'ensioni in favor of the same holder shall
issue many certificates board as there are reasons that, in compliance with the number
2) the first paragraph, determined the c nferimento of each board.
The certificate is withdrawn by the payer in case of suspension, variation, revocation or cancellation of
board and by the same office returned to the holder when it ceased
suspension, is the variation or has been performed restored retirement.
Art.

88 Payment of benefits Payment of benefits is made to the Bank's branches or those of
Postal Offices, or by means of credit institutions according to special agreements signed by the Institute
based on explicit authorization given by the Congress of State pursuant to art.
3 of Law 30 June 1964 n.
37. Pensions are paid, as a rule, due in monthly installments in arrears on the 27th of each month, the
thirteenth installment is paid simultaneously with the installment of December.
When the first payment of pensions priv legiate must also be paid the amount due for
any days between the effective date of retirement and the end of the month
same, except that this does not coincide with the first day of the month, given that every month
ragguagliata goes to 30 days for each month, including the one in February.
Payments shall be made freely ch holder is 18 years old or is incapacitated. For holders
age less than or banned payments are arranged in favor of those who exercise them in
parental authority or guardianship.
The rate of pension is not received by the pensioner at the time of death are paid to the surviving spouse
extent that it has not become final judgment of separation pronounced by its
fault.
In the absence of a spouse payment is made to the guardian of children under 18 years old, and, in the absence of such children
, to the legal heirs or testamentary.
It suspends the payment of the ordinary or preference guesthouse where the owner or co-owner of
it, without justification, waste implicitly to submit to the audit findings prepared
for checking the status of disability or d ' disability.
Art. 89
residence abroad for pensioners
The pensions of any species are normally payable in the territory of the Republic of San Marino
.
Against the pensioner, though not San Marino citizens, who transfers his
residence abroad or in the country of origin, the payment of the pension can be operated either

Of the beneficiary and without restrictions, in the following ways:
a) a person who appears to have an address in the Republic of San Marino, as long as legally authorized
(proxy mandate);
B) directly to the person entitled in the place of his residence abroad, with indication, by the same
, the exact address and the prior semi-annual submission of proof of identity issued by the Offices
Name the place of residence or equivalent certification.
For ordinary and privileged pensions to survivors over the life of the certificate must be sent also
a certificate proving marital status.
The payment made to the insurer exempts the Institute from any responsibility for the entire period in which the delegation is effective
. The insurer is personally responsible for the good order of the payments made in his hands
and is required to give all the proofs necessary to certify the existence in life
of the person entitled to the pension.
For the optional pension holders who do not reside in San Marino are suspended and not up the
largest pension allowances resulting from the application of Article. 48, first paragraph, letter b).
Art. 90
Fund Management Pensions
The contributions paid under compulsory insurance are:
1) the "Fund ordinary pensions", which is powered by the contribution revenue net of
rates indicated in the following numbers;
2) the "Fund for the privileged pensions" which is powered dall'aliquota for this purpose intended;
3) the "fund of a risk reserve" which is powered by a rate of 3% of the revenue contribution
as a whole.
The ordinary pensions are charged to the Fund indicated the number 1), while the privileged pensions
take charge to the Fund indicated at number 2), while the Reserve Fund intervenes to heal
cash deficit situations that occur during the year subject to the provisions of art. 86
The contributions paid in voluntary form the "Fund for the optional pensions",
which they load the pensions themselves and which is annually donated to the state competition for
each board in relation to which It lies in the egrazione provided for in Article. 48.
The taxes collected pursuant to art. 24 constitute the "Fund for social pensions", which they load themselves
pensions and benefits provided for in Articles. 78 and 79 while the State pursuant to art.
86 acts to remedy any deficit situations.
Art. 91
Roles and load files
pensions, according to the various species and according to the reason of retirement, are recorded in the following roles
:
1) Load role and the role of elimination of ordinary pensions for old age;
2) load role and the role of elimination of ordinary disability pensions;
3) Load role and the role of elimination of ordinary survivors' pensions;
4) load role and the role of direct elimination of privileged pensions for accidents at work;
5) load role and the role of direct elimination of privileged pensions for occupational disease
;
6) Pressure role and the role of elimination of privileged pensions to survivors;
7) load role and the role of elimination of the optional pensions;
8) load role and the role of elimination of social old-age pensions;
9) load role and the role of elimination of social disability pensions.
Art. 92
The contributions paid under compulsory insurance pursuant to Laws 30 June 1964 n. 37, 5 July 1968
n. 27, December 11, 1979 n. 82 and their modifications and additions are considered valid
all respects in order to avail of the provisions of this Act.
A similar rule applies to payments made, in accordance with Law 37 of June 30, 1964 and subsequent
changes in the provision for optional pensions.
Art. 93

Repeal of existing standards are repealed the rules contemplated by:
- Law 30 June 1964 n. 37, with the exception of the Titoo I;
- Law August 29, 1958 n. 24;
- Law 5 July 1968 n. 27;
- Law 31 January 1969 n. 3;
- Act 2 July 1969 n. 38;
- Law August 3, 1970 n. 31;
- Law August 3, 1970 n. 32;
- Law 10 May 1974 n. 34;
- Law 5 July 1974 n. 54;
- Law 6 December 1978 n. 57;
- Law 4 May 1979 n. 23;
- Law 11 December 1979 n. 82;
- Law 26 September 1980 n. 73, Art. 1, 2, 3, 4, 5 paragraphs 1 °, 2 °, 3 °, 6 °; - Law 29 January 1981 n.
9;
- Law 29 January 1981 n. 10;
- Law 28 January 1982 n. 12, art. 15 paragraph 4;
- Decree of 29 March 1982 n. 31; and any other provisions contrary to the present law.
Art. 94

The effects of this Act shall apply as from 1 February 1983.
Art. 95
Entry into force This law comes into force after its legal publication.
Our Residence, this day of 18 February 1983/1682 Foundation of the Republic THE CAPTAINS REGENT

Free Barulli - Maurizio Gobbi

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Alvaro Selva || | - BU '82 - '83 BU 2 page 39 (3409) -