REVERSIBILITY PENSION EVEN TO THE SEPARATE “WITH FAULT”

The Civil Court of Cassation, Labor Section, with sentence no. 2606 of February 2, 2018, established that the survivor’s pension must be recognized “also to the spouse separated through negligence or by charge, equated in all respects to the spouse (separated or not) and in favor of whom the legal presumption of living dependent of the worker at the time of death, fulfilling the support function previously indirectly ensured by the pension owned by the deceased spouse “.

Cass. civ. Section work, 2 February 2018, n. 2606
Following the sentence of the Constitutional Court n. 286 of 1987 which declared the constitutional illegitimacy of L. April 30, 1969, n. 153, article 24e of the L. 18 August 1962, n. 1357, article 23, paragraph 4 in the part in which they exclude from the payment of the survivor’s pension the spouse separated through negligence with final judgment – this pension must be recognized to the spouse separated through negligence or with debit, equated in every respect to the surviving spouse ( separated or not) and in favor of which the legal presumption of living on the part of the worker at the time of death operates.