“I felt die when I received the news that INPS had blocked me pension and that I almost had to return 24 thousand euros». Words of Carlo Emilio Costa67 years old, from Vicenza who due to a role of appearance in a TV series he risked losing a year of pension achieved thanks to «Quota 100», after 39 years of work between the IBM company and a job as a representative. But after four years of struggle, with «morale in his heels and dismay», Costa won. The Vicenza court, which ruled for the first time in a similar case, accepted the appeal of the pensioner and condemned the institute to payment of the sums withheld, with interest.
The story
“I’m very satisfied of the fact that the judge was interested in the matter and thought my position was right – explains Costa -. I never thought something like this could happen, especially for an activity that I don’t consider work, but an experience. For me it was a matter of one day: look, listen and take a walk». The story began in 2020, when the man agreed to play a small part in the streets of Thiene in the television series «Light of your eyes». A few hours of fun, 78 euros gross perceived and the bitter surprise a few months later. The protagonist of the story was sent by the INPS a “provision for the recovery of sums received on pension” for approximately 24 thousand euros, with related monthly deductions. This is because the legislation linked to «Quota 100» provides that, once the retirement, one can no longer undertake a subordinate profession. A way to allow effective generational change in the world of work. The pensioner so as not to lose the pension of a year he then turned to the CISL, which shortly afterwards managed to unfreeze his pension. But within a few months the INPS changed its mind.
The recounts
«They sent me my pension but reduced by a fifth – reveals Costa, who had to contact the lawyers Paola Piccoli and Alberto Righi of the Vis law firm — suing was the only way forward. Now I’m waiting recounts of the INPS and then I will get back what has been withheld from me in these years, approximately 15 thousand euros». «We have argued that this experience – clarifies the lawyer Piccoli – cannot be considered a subordinate work activity in the strict sense and cannot be considered suitable, as instead the INPS claimed, to violate the prohibition on the cumulation of pension and employment income employee imposed by the legislator for pensioners with Quota 100″.
The appeal accepted
The reasons pushed the labor judge, Paolo Sartorello, to accept the appeal of Costa, arguing that «a compliant interpretation at the ratio of the rule requires consideration compatible with the payment of the Quota 100 income pension negligible amount deriving from completely isolated services, having a specialty character such as to substantially differentiate them from the typical employment relationship”. «I’ve read about at least three cases similar to mine – closes the interested party – I advise those who are experiencing my situation to put themselves in the hands of a patronage or a lawyer and to hold on. In these cases the institution has proven obtuse. I don’t blame the people who work there, but the INPS entity, which should be more reasonable and not force the victims of these situations to take legal action.”
