The reform of the pension system (d.l. 201/2011) extended the age limits and the amount of paid benefits in order to be entitled to old age pensions. It also eliminated pensions based on seniority and substituted them with early retirement. In the absence of interim regulations, the reform kept alive the old regime only for some cohorts of workers (so called safeguarded), and kept the number of beneficiaries very low, with the allocation of residual funds. The subsequent increase in the number of workers covered by this special safeguard also implied further allocation of resources and led to the situation whereby those who, previous to the reform, had accepted to end their employment contracts (sometimes benefitting from an incentive to retire), found themselves outside this scheme and yet unable to benefit of the old pension system. This essay explains this unusual series of events and analyses all relevant legal sources, in order to verify whether issues of non-compliance with constitutional law are at stake. It also suggests ways to provide remedies for those who have been kept out of all safeguards.
Keywords: Exodized; Safeguarded; Excluded; Monti-Fornero pension reform.