Last 8 November 2018, with the sentence n. 422, the Central Jurisdictional Section of the Court of Auditors has for the first time pronounced - after the numerous sentences issued in the first instance by the Regional Jurisdictional Sections - on the issue of the recalculation of military pensions on the basis of art. 54, commi 1 and 2, of the 1092 / 1973 dprn, taking a position in an absolutely favorable to the application of the increased rate to 44%.
The sentence is obviously of central importance for all the military who are in possession of the requisites provided by the aforementioned law and who have therefore matured at 31.12.1995 a useful service age between the 15 and the 20 years (including the figurative ones) and are subjected to pension treatment with the mixed, pay and contribution system.
This precedent can obviously only reinforce the claims made before the Regional Jurisdictional Sections, subordinated to the Central Section.
For any clarification regarding the aforementioned requirements, the documentation that must be examined in order to assess the possession of the aforementioned and for the process necessary to be recognized the right to recalculation, please refer to our previous article (more) Published in Online Defense on 13 September 2018.
Avv. Francesco Fameli
expert in military administrative law
