Under the provisions of the bill financial, from 1st January 2007 each employee puà ² choose to allocate their termination indemnities (TFR) maturing (future) pension schemes to supplement or maintain the TFR with the employer.

In relation to contributory seniority € ™ experience at institutions of mandatory open up different possibilities of choice for workers.

Employees enrolled in a mandatory pension from 29 April 1993
The choice of the worker on the destination of the TFR relation lâ € ™ entire TFR maturing and can be expressed in an explicit way (express statement) or implied (tacit assent to the accession € ™).

Explicit Mode

By 30 June 2007 for employees on duty at 1st January 2007, or within 6 months from the date of appointment, if made after 1st January 2007, the employee puà ² choose to:

  • allocate future TFR to a pension complementary form;
  • maintain the future TFR with the employer. In that case, workers in enterprises with more than 50 employees, lâ € ™ Ã ¨ entire TFR transferred from the employer to the Fund for lâ € ™ payment of severance pay to employees of the private sector, managed on behalf of the State, by INPS € ™.

The choice of destination of the future TFR to a pension scheme must be expressed by the employee through a written statement addressed to your employer with lâ € ™ indication of the shape of complementary chosen.
The written declaration is required even if you choose to retain the TFR with your future employer.

Methods tacit (Silence - Assent)

If by June 30 2007 for those who is serving on 1st January 2007, or within 6 months from € ™ assumption, if made after 1st January 2007, the employee has no indication of the destination of the TFR, the employer transfer the work to shape the future TFR pension provided for in collective agreements or collective agreements, including regional or other collective form identified with a different company agreement, if any. This agreement shall be otherwise notified by the employer to the worker in a direct and personal.

If there is more collective pension schemes, the employer shall transfer the TFR future:

  1. to the form identified with business agreement;
  2. in the absence of specific agreement, the shape of which it has joined the largest number of workers the company â € ™.

In the absence of a collective pension identifiable on the basis of these criteria, the employer shall transfer the TFR to a future € ™ special form attached to complementary pension lâ € ™ INPS, to which the same rules of operation of the other forms of complementary.

Thirty days before the expiry of 6 months to help make the choice, the employer must notify the worker who still has not submitted any representations on the necessary information to form collective pension which will transfer the TFR in the event of future silence of the worker.

The destination of the future TFR to a pension scheme, both in ways that tacit explicit:

  • concerns only the TFR future. The benefits accrued until the date of exercise of â € ™ option remains shelved with the employer and will be liquidated at the end of their employment with the revaluations of the law;
  • lâ € ™ determines automatic enrollment of workers in the form chosen. The employee will then writing of the rights to information and participation in the form of social security which has acceded;
  • can not be revoked, while the choice to retain the TFR with the future employer puà ² at any time be revoked by joining a pension scheme.

Employees enrolled in an Institute of mandatory dated earlier than 29 April 1993.

Even those employees are called to make the choice about the destination of the TFR maturing in the same way and with the same conditions, expressed or implied, already explained to the workers entered the world of work from 28 April 1993. But for these workers, because of the longest work, is the possibility to allocate the forms of social security also only part of the TFR maturing.

In particular, these workers can:

  • if already enrolled in a pension additional to 1st January 2007, to choose, by written declaration addressed to the employer (explicit mode), to contribute to the fund with the same amount previously paid in keeping with the employer's share of residual TFR. In that case, workers in enterprises with more than 50 employees, the residue TFR is transferred from the employer to the Fund for lâ € ™ payment of severance pay to employees of the private sector, managed on behalf of the State, from € ™ INPS;
  • if not enrolled in a pension additional to 1st January 2007, choose by written declaration addressed to the employer (explicit mode) to transfer the TFR to a future pension complementary, to the extent fixed by collective agreements or, failing agreement on an extent of not less than 50%.

In both cases, the possibility still remains to increase the share of benefits payable maturing form complementary pension.

If the employees enrolled in the mandatory before 29 April 1993 do not have any choice about severance pay, there is silence-assent to the accession € ™ and the employer shall transfer all the benefits to future pension form complementary identified, as described in â Methods tacit € ~ € ™ (see above).

For clarification, see the paths on the basis of the decision-making category.

Read more on TFR

What € ™ is the TFR?
Treatment termination (also known as â € œliquidazioneâ €?) Is the sum which is paid by the employer to the employee at the end of the ratio of employees

How is it established?
The TFR is determined aside for each year of a quota of 6.91% of gross earnings. The salary for the calculation of severance pay shall include all items paid salary in respect of employment, unless otherwise provided for collective agreements.

The amounts paid are revalued at 31 December each year, with the application consisting of a rate from 1, 5% and fixed in 75% of 'increase of' Consumer Price Index Istat.

Upon liquidation, the TFR is taxed, in general, con lâ € ™ application of â € ™ rate IRPEF average worker € ™ in the year in which it is perceived. For that part of TFR that refers to the years of work beginning on 1st January 2001, lâ € ™ administration financial riliquidare shall then lâ € ™ tax, lâ € ™ by applying average rate of taxation on workers of the last 5 years.

Source: tfr.gov.it

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