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Current social security legislation provides for workers who attend cohabiting family member with severe disability in accordance with law 104/1992, the possibility of accessing the early retirement thanks to two measures: the social bee and action 41. The legislation, however, offers the same possibilities for those who play a game. the so-called heavy work (For the latter workers, in addition, there is the possibility of accessing the old-age pension 5 months before the 67 years foreseen for all workers).
We respond to a Money.it reader who writes us:
“I read about the object on the Internet but I do not remember the source that if my wife assists a disabled person like me with 104/92, since she works in kindergarten and has a contribution of 35 years, she can or could retire 5 years ago. I do not know if this is true and what would be the requirements that my wife who is 59 years old should have and if this were true, my wife would lose us between salary and pension payments or would remain unchanged. Again many Thank you for your availability and for any clarification ”.
Heavy workers pension
His 59-year-old wife with 35 years of contributions immediately has the only chance to retireoption woman. This measure currently allows retirement for employees who have accumulated 35 years of contributions and turned 58 on December 31, 2019, and self-employed workers who have accumulated 35 years of contributions and 59 years of age on the same date.
The female option must be extended by the next budget law also for 2021, allowing access to workers who have met the requirements described above before December 31, 2020. In any case, with this retirement there is a risk of suffering a heavy sanction since the entire recalculation of Social security check quote.
Come worker who cares for a disabled relative According to law 104/1992, in addition, his wife would have the right to access, but only if the disabled person who is assisting lives, to the pension with the social Ape, which nevertheless requires 63 years of age, plus 30 years of contributions . He was also able to access this measure as a worker (kindergarten teacher). The measure is due to expire on December 31, but even if the next budget law extends it to 2021, his wife could not affect it.
Another measure open to caregivers and heavy workers is the pension with the fee 41 (which requires 41 years of contributions) which is reserved only for early workers who have accumulated at least 12 months of contributions before the age of 19.
Therefore, with current legislation, his wife could access the pension only with the option of woman (which I do not recommend due to the penalties on the social security check that it entails).
“If you have any doubts or questions, please contact us at the email address ask for [email protected]”
