How Italy’s Survivor Pensions Could Evolve for Same‑Sex Couples
In recent months, Italy’s Sezioni Unite of the Court of Cassation have finally asked the Constitutional Court to weigh in on the pension rights of surviving partners from same‑sex unions formed before the Legge Cirinnà (2016). The move could reshape the landscape of pensione di reversibilità (survivor’s pension) for LGBTQ + Italians.
The legal backdrop: what’s in place today?
Article 13 of the Royal Decree No. 636/1939 grants a surviving spouse or children a pension equal to a share of the deceased’s pension, provided the deceased met certain contribution conditions. When the Cirinnà Law was enacted, it extended many marriage‑related benefits to civil unions, yet the right to a survivor’s pension for same‑sex couples remains ambiguous.
Key points:
- Survivor’s pensions are automatically granted to heterosexual spouses.
- Same‑sex partners in civil unions often face procedural hurdles, requiring proof of “effective cohabitation”.
- The Supreme Court’s united sections have now petitioned the Constitutional Court to clarify whether the current framework violates the principle of equal treatment enshrined in Article 3 of the Constitution.
Potential Future Trends
1. Full Equality for All Civil Unions
Should the Constitutional Court rule in favor of equal treatment, we can expect a uniform application of survivor’s pensions to all civil‑union partners, regardless of gender. This would bring Italy in line with EU anti‑discrimination directives and recent rulings of the European Court of Human Rights.
2. Expansion to Non‑Registered Partnerships
Legal scholars predict that courts may eventually recognize “de facto” partnerships, similar to the approach taken in Spain and Germany. Italy’s aging population—projected by ISTAT to reach 33 % over 65 by 2050—could pressure legislators to broaden the safety net for long‑term cohabitants.
3. Digital Verification of Cohabitation
With Italy’s INPS rolling out e‑services, future applicants might submit digital proofs (utility bills, joint bank statements) to streamline eligibility checks for survivor’s pensions, cutting down administrative delays.
4. Alignment with EU Social Security Coordination
Cross‑border workers could benefit from harmonised rules under the EU Coordination Regulation, ensuring that a survivor’s pension accrued in Italy follows the partner wherever they move within the EU.
5. Potential Legislative Reforms
Parliament may introduce a dedicated amendment to the 1939 decree, explicitly referencing “registered partners” and “cohabiting couples”. Early drafts, cited by Il Sole 24 Ore, suggest a modest increase in the pension rate from 60 % to 70 % for non‑married partners under certain conditions.
Real‑World Impact: A Case Study
Maria Rossi (pseudonym), a 58‑year‑old civil‑union partner of a former INPS employee, was initially denied a survivor’s pension due to the lack of a “marriage certificate”. After filing an appeal and presenting a decade of shared financial records, the regional court ruled in her favor, citing the Cirinnà law’s spirit of equality. Her case has become a reference point for legal firms advising LGBTQ + clients on pension rights.
FAQ
What is a “survivor’s pension”?
A monthly benefit paid to the spouse, children, or recognized partner of a deceased insured person, calculated as a percentage of the deceased’s pension.
Do same‑sex couples automatically receive this pension?
Not yet. Current legislation requires proof of “effective cohabitation,” and the courts are still interpreting how the law applies to civil unions.
How can I find out if I’m eligible?
Contact INPS or a specialized labor‑law attorney. They can assess your contributions, relationship status, and the documentation needed.
Will the new EU directives affect Italian survivor’s pensions?
Yes. EU anti‑discrimination and social‑security coordination rules push member states toward equal treatment for all registered partners.
Is there a deadline to apply for the pension?
Applications must be submitted within one year of the insured’s death, although extensions may be granted under extraordinary circumstances.
Looking Ahead
As demographic pressures mount and European legal standards evolve, Italy’s survivor‑pension framework is poised for transformation. Whether through constitutional rulings, legislative amendments, or digital innovation, the goal remains clear: a fair and inclusive safety net for all partners, regardless of gender.
