Pension and share 102, how to go there in 2022: requirements

New pension share 102, what are the requirements? Introduced by the 2022 Budget Law, this formula provides for more severe personal characteristics, compared to 100, while the contribution requirement remains unchanged as stated on laleggepertutti.it. Then the same waiting windows are applied as for the previous pension treatment and the incompatibility between the receipt of the pension and the carrying out of the working activity is likewise arranged. The 2022 maneuver directly modifies the decree establishing quota 100 and does not introduce a new discipline. What are the requirements for the 102 quota pension? The 102 quota pension requires, for access, a minimum age of 64 years and a minimum contribution of 38 years, requisites to be completed by 31 December 2022. Basically, even if the worker reaches the quota 102, as sum of age and contributions, cannot retire unless he is at least 64 years old and does not have at least 38 years of contributions by the end of 2022. Attention must be paid to the years of contributions required for the right to the pension quota 102: 38 years may not be sufficient, if the requirement of 35 years of contributions, net of periods of unemployment, or of illness or accident not supplemented by the employer, is not met at the same time. In any case, the contribution requirement can be achieved in the cumulation regime, that is by adding the payments credited to different funds, with the exclusion of the contributions credited to the pension funds of the freelancers. Quota 102 under the cumulation regime The contribution requirement requested for the quota 102 pension can be perfected even if the interested party does not reach 38 years of accreditation at a single social security management: on the request of the worker, the requirement can also be obtained through the accumulation , adding all the insurance periods paid or credited to two or more forms of compulsory insurance, managed by INPS. What contributions can be accumulated? The law allows you to add free of charge, for the purposes of the right to share 102, the contribution credited to the following funds: Compulsory INPS general insurance; exclusive and substitute forms of compulsory general insurance; Separate management. Professional funds are excluded, both private and privatized. How are the contributions added up? For the purposes of entitlement to quota 102, the coinciding insurance periods must be considered only once. If there are coinciding periods, contributions must be counted only once: those paid or credited to the management in which the highest number of contributions are present must be neutralized. For the purposes of the measure, that is the amount of the pension, the payments must instead be valued all and in full. Windows for quota 102 The starting date of the pension quota 102 is moved forward due to the application of the waiting windows. In particular: the workers in the private sector obtain the right to the starting date of the pension after 3 months from the date of maturity of the same requisites; the public employees obtain the right to the commencement of the pension treatment after 6 months from the date of maturity of the requisites themselves; they must then submit the application for retirement to the administration to which they belong, with 6 months’ notice; for the employees of the school and Afam sector, the single annual exit window applies. Calculation of the 102 quota pension The 102 quota pension is calculated as the generality of INPS pension treatments, without penalties and without the full contribution recalculation. The calculation of the pension is therefore: salary up to 31 December 2011, then contributory, for those who have more than 18 years of contributions as of 31 December 1995; salary up to 31 December 1995, then contributory, for those with less than 18 years of contributions to December 31, 1995; fully contributory for those who do not have contributions as of December 31, 1995. For the determination of the calculation system in the cumulation regime, the assessment of the years of accreditation as of December 31, 1995 must be carried out considering the overall seniority of contributions accrued in the various managements involved in the operation. In determining the contribution seniority possessed by the insured, each management takes into account the rules of its own legal system in force on the date of submission of the retirement application. Pension share 102 and work Until reaching the minimum age for access to the ordinary old-age pension (equal to 67 years until 31 December 2024), the pension share 102 cannot be combined with the receipt of income from employment, whether employed self-employed, with the exception of income deriving from occasional self-employment, within the limits of 5 thousand euros per year. Income attributable to a work activity carried out without subordination constraints, regardless of the method of declaration for tax purposes, is to be considered income from self-employment. Income from self-employment and business is recognized gross of withholding taxes and net of social security and welfare contributions due to INPS. The pension Quota 102 is also not cumulative with the perception of agricultural income. for the purposes of incumulability with the pension quota 102: remuneration received for the exercise of arts and professions; business income related to work activities; shareholdings in profits deriving from partnership contracts, in cases where the contribution is constituted – even in part – by the performance of work; if no working activity is carried out, the interested party can make a declaration of responsibility regarding the quality of shareholder who participates with capital without carrying out working activity; in this case, the income earned is considered by INPS as income from capital, therefore cumulative with the pension benefit; copyrights; patents. Income cumulative with the 102 quota : allowances for elective public offices; business income not related to work activities; shareholdings in profits deriving from joint venture contracts without contribution of work; remuneration received for exercising the priestly function; allowances received for exercise of the function of justice of the peace; indemnities received by aggregate honorary judges for the exercise of their functions or for the exercise of the function of tax judge; compensation in lieu of notice; income deriving from socially useful activities carried out in the context of programs for the reintegration of the elderly; allowances received for travel and missions outside the territory orio comunale; reimbursements for travel and transport expenses; accommodation costs; food costs that do not contribute to form the taxable income; compensation for the cessation of commercial activity.