UPDATE TODAY SATURDAY 20 MAY 2023 on the news for the sentence Consult on Tfs-Tfr advance and latest news: Another week without the Constitutional Court having decided. By now the sentence has already been postponed by 2 weeks, on the other hand the issue is very delicate.
In reality, as we wrote below, a first decision was taken immediately by the Consulta after the meeting between the parties on 8 May, but it does not concern that part of the “dispute” which is certainly the most important.
At this point, the sentence could arrive next Tuesday or Thursday, the days on which the Constitutional Court usually publicly issues its decisions. Or if a common position is still not found among the judges, a date could be announced in these same days in which the parties will be reconvened.
What does a first decision of the Consulta on Tfs-Tfr payment foresee while waiting for the most important sentence? The question of the payment of Tfr-Tfs to civil servants is still decidedly open, and difficult to resolve. This is the severance indemnity to which all employees are entitled at the end of their employment relationship, regardless of the reason for termination of the same. The question is rather controversial for the payment of treatment to the state.
- First important decision of the Consulta on Tfs-Tfr advance payment
- Still awaited important ruling of the Consulta on Tfr-Tfs payment
First important decision of the Consulta on Tfs-Tfr advance payment
The Constitutional Court expressed itself in recent days with a first important decision on the payment of the advance of Tfr-Tfs to civil servants, arguing the illegitimacy on the part of individual bodies, such as the Regions, of providing retired regional employees with an advance of a portion of their severance payend of service treatment, because it would be a payment in contrast with the provisions of the laws in force valid at national level.
The measure would violate the exercise of the exclusive competence of the State in matters of civil law. This is an important decision which, in reality, does not anticipate indications on what could be the definitive sentence on the legitimacy of the payment times of the Tfr-Tfs to state employees who arrive to receive the liquidation of their Treatments accrued at work up to 5 years after the release of the work and also in installments.
The problem of the ‘immediate’ payment of the Tfr-Tfs to the state lies in the maintenance of public finances: it would cost the State too much to liquidate immediately the Tfr-Tfs of state employees and both the INPS and the State lawyers explained how the same Constitutional Court, with past sentences, has established that some decisions can be moderated to maintain the balance of the state balance.
As reaffirmed just a few days ago by INPS, if the Consulta were to judge the deferred payment of the Tfs to the state to be illegitimate, the Institute would have to quickly pay an exaggerated amount of almost 14 billion euros of Tfs, a figure that would severely affect the accounts public.
And to protect the balance of public finances, INPS has advanced a compromise solution to the Consulta itself, proposing to immediately pay the severance indemnitywhich is paid to public employees hired from 2001 onwards for which the first treatments should be paid in about 20 years by postponing the problem, and no he Tfscontinuing to follow the times and regulations in force in this case, thus placing a strong distinction between the two treatments.
Still awaited important ruling of the Consulta on Tfr-Tfs payment
In the aftermath of an initial decision taken by the Council and the proposal made by INPS on short-term payments of severance pay-tfs, attention is actually entirely focused on the ruling of the Consulta, which has now been expected for almost 10 dayscalled to comment on the legitimacy of the deferred payment of the severance indemnity and of the Tfs to the state, the times of which today can even reach up to 4-5 years.
The sentence was expected for May 9, but to date nothing has yet been decided: the question seems decidedly important and thorny, considering that, according to calculations made, the decision to immediately liquidate Tfr-Tfs to the state would cost 13 9 billion euros for 2023 alone, which would mean blowing up many of the tax measures being examined by the government because the available economic resources would not be enough to cover all the measures, and it is unlikely that the decision will be taken this week. Therefore, the discussions in the council chamber continue and expectations are growing.
The Constitutional Court should express itself by supporting the illegitimacy of payments in such long periods of time, with the precise aim of reducing the payment times of the Tfs to the state so as to allow them to have their money accumulated over the years available in a short time Work.
The current payment times of the Tfr-Tfs to the state are much longer than the payment times of the Tfr to public employees, who receive their payments within a maximum of 45 days from the termination of the employment relationship.
The payment times of the Tfr-Tfs to the state change according to the reason for the termination of the employment relationship and are generally:
- 12 months for termination of the employment relationship if the requirements, age or service limits are met, to retire;
- 24 months for termination of the employment relationship if for voluntary resignation.
The settlement times of Tfs-Tfr to the state also change on the basis of the amount to be settled and whose payment can take place:
- in a lump sum if the amount is equal to or less than 50 thousand euros;
- in two annual installments if the amount is between 50,000 euros and less than 100,000 euros and if the total gross amount is more than 50,000 euros and less than 100,000 euros, the payment of the TFS takes place in two installments, the first equal to 50,000 euros and the second equal to the residual amount;
- in three annual installments, if the amount to be paid is equal to or greater than 100 thousand euros