Vegeta And Daughter Episodes

If the company fails to pay the severance pay on the pension fund

Many companies with more than 49 employees, after opening a company pension fund and have offered to their employees, in fact fail to pay the severance pay or with regularity, nor within the final deadline, which would be one year. However, the TFR, and any employee contributions are deducted from your salary each month

Now, in my opinion it is not making any process for companies that, in most cases, the money often does not have its own, and maybe even years of waiting for payments from the State for services rendered.

In the best of intentions, these companies expect to pay when due any severance pay or the employee retires or company will change, just as it did before the 2007 law.

However in practice I think this is an undervalued aspect very critical for the employees who joined the fund will have a double bitter surprise retirement.

For when the solve their relationship with the company (especially in case of retirement),

their severance pay will still be contributed to the Fund!

Hence the double surprise:

1. will not only have lost the chance of seeing him re-evaluate, what would have happened if the severance pay was paid regularly to the fund;
2. also not be redeemed at 100% settlement , as was done once, but they can receive only installments, as a supplementary pension, since they formally joined the fund (with the exception of the percentage of redemption provided for in case of accession to pension funds).

All this information I have been confirmed by COVIP (www.covip.it) the institution of supervision and protection of pension funds. In an email to me stated:

1. under the legislation in force (Article 8, paragraph 7 of Legislative Decree no. 252/2005) , the transfer of the TFR pension funds must be made by the employer with " least annually."
2. The situation where the severance pay awarded to Additional security was not, in fact, paid by the employer (... and the employee went into retirement), would not be possible , for the employer , pay severance pay to the pension fund not paid directly to worker, given the choice made by the employee allocating it to supplementary pensions;

In the event that the worker should not have retired, but activated a new job, maybe there is some glimmer, in fact:

• the employee who had already designed the TFR to complementary pension will tell the new employer wants the fund from which it is intended that the TF R ;
• if following the recruitment of new employees have lost their requirements for participation in the pension fund of a collective nature which he had joined in the constancy p withdrawing employment relationship, the worker himself can redeem or transfer it to another location. Only in case of redemption of the position may choose, by filling out the mod. TFR 2, leaving the TFR with the company (which will go to the Treasury Fund-called INPS where the company employs more than 49 employees).

But then what is, ultimately, the best practice for companies who fail to pay severance pay to the fund?

I think should close the subscription at the bottom and start over, as they say, to "pay the TFR to INPS", that the treasury fund at INPS.

In practice for the company would not change anything: the fact Social Security does not send reminders for the payment of severance pay, especially in times of crisis, just as they do not do the company pension funds (as opposed to open-end funds).

While in this way the worker can use his full severance pay when he retires, and also reviewed the statutory rate, rather than having it locked (and not revalued) by the pension fund.

To top it all, there is a typical objection:

But the company does not pay interest to withhold severance pay instead of paying it to the bottom?

Actually, yes, but the interests are not proportional to the length of detention.

fact it is not an annual rate, but an interest in ad hoc, one-off, a sort of bonus, provided (I think) just thinking that the TFR will be held for about a year and no more.