It concerns employees in service in the years ’91/’93, with at least 5 years of seniority, of non-economic public bodies, ministries, universities, former autonomous state companies
SIENA. The Constitutional Court, with sentence no. 4 of 11 January 2024, declared the constitutional illegitimacy of the art. 51, paragraph 3 of law no. 388/2000 which excluded the extension to 31 December 1993 of the deadline for accruing length of service for the purposes of obtaining the increase in the RIA – Individual Seniority Pay – for employees of some sectors: non-economic public bodies, ministries, universities, former autonomous state companies.
However, for the recognition of these amounts it was necessary to have gained experience equal to 5 years of service on 1 January 1990 or within the limit of contractual validity (31.12.1990). Subsequently, Legislative Decree no. 384 of 1992 extended the effects of Presidential Decree no. 44 of 1990 until 31.12.1993. Hence the request for the recognition of the RIA increase also for workers who fulfilled the seniority requirement of 5, 10 or 20 years even in the three-year period 1991/1993. Law no. intervened to limit the appeals (with a jurisprudence that was consolidating in favor of the workers), as well as the increases. 388/2000, interpreting the extension of the effects of Presidential Decree 44/1990 by excluding the benefits of the increase for seniority accrued after 1990. It is precisely on this interpretative rule that the Constitutional Court intervenes with its ruling of 14 January, judging it to be unconstitutional.
The CGIL of Siena and the INCA patronage, with the categories of Public Function, Italian Pensioners’ Union, Italian Transport Workers’ Federation, Communication Workers’ Union and Knowledge Workers’ Federation, is available to interested parties for a personalized assessment of your situation on the possibility of possibly seeing the right to the increase in the RIA recognized, where applicable, and to the simultaneous revaluation of the pension and TFS/TFR. This is why the trade union organization invites in particular the workers in service in the state administrations in the years 1991, 1992 and 1993, even already retired, to contact the CGIL offices and the trade union categories to which they belong by 31 December 2024 to verify their rights. All contact details are available on https://www.cgilsiena.org/
