Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:2:p7
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 2 (pt 7/15)
Character Range: 30924–33819

Totalisation of Periods of Contributions and Periods of Residence

    Totalisation for Italy

    1. Where a person to whom this Agreement applies has accumulated:

          (a) a period of credited contributions in Italy that is less than the period required to qualify that person under the legislation of Italy for a benefit; and

          (b) a period of credited contributions equal to or greater than the minimum period identified for that benefit for that person in paragraph 2; and

          (c) a period of Australian working life residence;

then that period of Australian working life residence shall be deemed, for the purposes of meeting any minimum qualifying period for that benefit set out in the legislation of Italy, to be a period of credited contributions.

2. The minimum period of credited contributions in Italy to be taken into account for the purposes of paragraph 1 shall be as follows:

          (a) for old age pension: 1 year;

          (b) for anticipated pension: 1 year;

          (c) for seniority pension: 15 years;

          (d) for invalidity allowance: 1 year;

          (e) for inability pension: 1 year;

          (f) for privileged invalidity pension allowance: 1 year;

          (g) for privileged inability pension: 1 year; and

          (h) for survivor's pension: 1 year.

3. For the purposes of voluntary insurance under the legislation of Italy, a period of credited contributions in Italy in relation to a person shall be combined, where necessary, with any period of Australian working life residence accumulated by that person, provided the first‑mentioned period totals at least one year.

4. For all purposes of this Article, where a period of credited contributions and a period of Australian working life residence coincide, the period of coincidence shall be taken into account once only by Italy as a period of contributions.

    ARTICLE 12

    Italian Pro‑Rata Benefits

1. The amount of Italian benefit payable to a person through the application of Article 11 shall be determined as follows:

          (a) the amount of the theoretical benefit to which the person concerned would be entitled shall be established as if the period of credited contributions in Italy, and the period of Australian working life residence referred to in sub‑paragraph 1(c) of Article 11, and accumulated to the date from which the benefit would be payable to that person, had accumulated under the legislation of Italy; and

          (b) the amount of benefit payable shall be that amount which bears to the amount referred to in sub‑paragraph (a) the same ratio as that period of credited contributions bears to the sum of that period of credited contributions and that period of Australian working life residence for that person.

2. If the sum of the periods referred to in sub‑paragraph 1(b) exceeds the maximum period provided for by the