School employees who reach age 70 without having qualified for a pension may continue working beyond that threshold until the retirement age set by social security legislation. Italy’s Constitutional Court established this principle in judgment No. 125 of July 14, 2026, overturning the rigid age limit contained in the Consolidated School Act because it could leave workers for months without either a salary or pension benefits.

The Court declared Article 509(3) of Legislative Decree No. 297 of April 16, 1994 unconstitutional insofar as it allowed employees to remain in service only until age 70, rather than until the higher age determined by adjustments to old-age pension requirements reflecting increases in life expectancy.

The ruling found that the provision violated Article 3(1) and Article 38(2) of the Italian Constitution. It is an additive judgment, meaning that the Court revised the provision without repealing it.

The Court’s reasoning focused on the purpose of continued employment. Remaining in service is an exception to mandatory retirement upon reaching the statutory age limit and is intended to allow employees to accrue the minimum pension entitlement. According to the judges, an age threshold disconnected from changes in pension eligibility requirements may be incapable of achieving that objective and therefore undermines the rationale of the rule itself. This breaches both the constitutional principle of reasonableness and the right to adequate means of support.

The case was referred to the Constitutional Court by the Court of Lecce.