For the Council is legitimate solidarity levy on golden pensions introduced by the Letta government in 2014. “The Constitutional Court – reads a note – dismissed the various constitutional issues related the contribution, which expires in December 2016, on the higher amount pensions, excluding the fiscal nature and considering it to be an internal solidarity contribution to the social security circuit, justified in very exceptional cases the crisis contingent and serious system. The Court also held that such a contribution under the principle of progressivity and, although involving undeniably a sacrifice on the affected retirees, is still sustainable as it applied only on the more ‘higher pensions, from 14 to more than 30 times higher than the minimum pension. “
the constitutional court judges had gathered this morning. This time they were asked to vote on the cut introduced, for the three years 2014-2016, by the law of 2014 and Stability and the brunt of pensions exceeding 14 times the minimum paid by social security funds and compulsory annuities paid by constitutional bodies , Regions and autonomous provinces for those covered elected public office.
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The penalty affects, with a cut of 6%, the annual amount of social security benefits including (in 2016 values) between 91,343.99 and 130,491.40 Euros (between 14 and 20 times the minimum pension amount); The 12% cut salt to amounts between EUR 130,491.41 and 195,737.1; It comes to 18% for higher amounts. A cut whose constitutionality has been questioned by six orders of various regional sections of the Court of Auditors on the basis of complaints lodged by former judges, former university professors and public and private entities managers. The solidarity surcharge is not a novelty of the last three years and in the past the Constitutional Court ruled on the matter.
“The solidarity is not a novelty of the last three years and in the past the Constitutional Court has ruled on this”
the one applied during the three years 2000-02 passed the test of the courts (order 22/2003) who considered it an asset performance and valorized the solidarity purposes, while that of the period 2011-2014 was rejected (Case 116/2013) because it is considered a tax burden which discriminated some taxpayers than others, because at that time the pension was considered deferred pay.
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In order to avoid a new complaint in the Law of Stability 2014 was specifically inserted a solidarity purposes, indicating that the amounts resulting from the deduction can also be used to the financing of safeguarding the esodati operations.
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