Protection for workers in case of contribution omissions
The Supplementary Pension Position Guarantee Fund is an instrument established at INPS that protects workers enrolled in a pension fund, such as Fondapi, in case their insolvent employer fails to pay the required contributions.
When does the Guarantee Fund intervene?
You can request the Fund’s intervention if:
The employer is subject to insolvency proceedings (e.g., bankruptcy, arrangement with creditors, compulsory administrative liquidation, extraordinary or controlled administration);
Alternatively, if the employer is not subject to such proceedings, it is necessary to verify insolvency through individual legal action.
ATTENTION
Recourse to the Guarantee Fund is only possible if the member is still enrolled in Fondapi.
If the member redeems and closes their Fondapi position before the Guarantee Fund has rectified their position, the Guarantee Fund will not proceed with the payment of the amounts due to the member.
Who can apply for INPS Guarantee Fund intervention?
The application can only be submitted by the worker or their heirs.
Pension funds, such as Fondapi, cannot directly submit the application to the Guarantee Fund.
Requirements for application
To access the Guarantee Fund, it is necessary that:
The worker is stillenrolled in the supplementary pension fund (e.g., Fondapi);
The employment relationship has ended;
The contribution omission is judicially verified, through insolvency proceedings or individual verification.
Which contributions are guaranteed by the INPS Guarantee Fund?
For employees enrolled in supplementary pension schemes, the INPS Guarantee Fund covers:
Note:
On these amounts, INPS applies a revaluation similar to that of the severance pay as provided by the Civil Code.
The recognized amounts are paid directly to the pension fund indicated in the application (e.g., Fondapi).