Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Part II (Invalidity Benefit), Article 12 of the Convention, in conjunction with Article 32(e). In reply to the Committee's previous comments, the Government indicates that the employment pensions acts for the public sector (VEL, KVTEL) and the Employees' Pension Act (TEL) still contain a provision according to which disability pension may be suspended or reduced if the beneficiary has caused his invalidity through gross negligence; in practice, however, this provision is applied extremely rarely. There is no comparable provision in the Seamen's Pensions Act (MEL). The Government adds that, so far, no motion has been made to remove this provision from the employment pensions acts.

The Committee notes this information. It recalls that similar provision of the National Pensions Act (KEL) has been repealed already in 1983. Taking into account that the said provision of the employment pensions acts has fallen into disuse (according to the Government, the last case dates back to 1985), the Committee hopes that the Government would not have any difficulty in repealing it when the legislation is next revised, so as to give full effect to Article 32(e) of the Convention which allows for suspension of benefit where the contingency has been wilfully caused by the serious misconduct of the person concerned.