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

With reference to its previous comments, the Committee notes the information supplied by the Government in its report, as well as that provided with respect to the application of the European Code of Social Security.

Part V (Old-age benefit) of the Convention. (a) The Committee notes with interest the very full information provided by the Government in reply to its previous conclusions in which it raised the question of the progressive increase of the minimum requirements respecting insurance and contributions, in relation to Article 29, paragraph 2(a), of the Convention, which provides that a reduced old-age benefit shall be secured at least to a person protected who has completed a qualifying period of 15 years of contribution or employment. The Committee observes that, as a result of the successive reforms of the pensions scheme, introduced by Decree No. 503 of 30 December 1992, and by the Act No. 335 of 8 August 1995 to establish a new old-age pension which provides for a number of transitional measures, the persons protected are covered by various implementing measures. The persons insured who were affiliated to the old-age pension scheme prior to 31 December 1995 and who have completed a qualifying period of more than 18 years by this date are still subject, even for the contributions acquired as of 1 January 1996, to the age and insurance conditions established in Legislative Decree No. 503 of 30 December 1992, while their pensions continue to be calculated according to the old system. As regards insured persons with less than 18 years of contributions as at 31 December 1995, transitional arrangements have been made whereby two systems for calculating pensions will co-exist -- pensions will be calculated according to the old system for the periods completed prior to 31 December 1995 and, according to the new system, for periods completed after this date -- given that the required age and insurance conditions will continue to be governed by Legislative Decree No. 503 of 1992. Similarly, pensions are paid entirely according to the old system for workers who, as of 31 December 1995, can prove that they have completed a qualifying period of less than 18 years and have not paid contributions after this date. As of 2001, insured persons who can provide evidence of at least 15 years of contributions including five paid under the new pension system after 1 January 1996 will be able to choose between payment according to the old or the new system, with the age and contribution conditions henceforth being governed by Act No. 335 of 8 August 1995.

The Committee recalls that, according to Legislative Decree No. 503 of 30 December 1992, table B, the necessary qualifying period for entitlement to an old-age pension has, since 1 January 1993, been 16 years, and that this period is increased by one year every two years so as to reach 20 years by 2001, with a particular exception being made for workers who have completed a qualifying period of 15 years prior to 31 December 1992. The Committee therefore notes that persons insured who, according to the transitional arrangements provided for in Act No. 335 of 8 August 1995, continue to be subject to the age and insurance conditions established in Legislative Decree No. 503 of 1992 but cannot provide evidence of the required qualifying period, shall not be entitled to an old-age pension, even at a reduced level, contrary to the provisions of article 29, paragraph 2(a). Consequently, the Committee requests the Government to indicate, in its next report, the measures taken or envisaged to ensure the full application of this provision of the Convention for this category of insured persons.

Furthermore, the Committee also notes that once the new pension system has actually entered into force, workers will be entitled to a pension from the age of 57, provided that they have paid contributions for a period of five years and that the amount of the pension is 1.2 times greater than the amount of the "social allowance". In this regard, the Committee recalls that, according to the provisions of Article 29, paragraph 2(a), of the Convention, a reduced old-age pension must be paid in all cases to a person protected who has completed a qualifying period of 15 years of contribution or employment, irrespective of the amount of the pension. The Committee hopes that when the time comes full consideration will be given to this provision of the Convention.

(b) The Committee notes the information and the statistics provided by the Government relating to the amount of the old-age benefit for a standard beneficiary, which shows that the level prescribed by the Convention continues to be reached. The Committee recalls, however, that Act No. 335 of 8 August 1995 establishes a pension system defined by contributions rather than one which continues to be defined by wages and accumulation rates, as was the case previously (section 1(6) of the Act). Given that in the new system the level of the benefit will depend on the amount of the individual contributions paid by an insured person and on their revaluation, the Committee would like the Government to take account of this matter with a view to taking any useful measures which might prove to be necessary in order to ensure that old-age benefits at the level required by the Convention (40 per cent of the reference wage) are guaranteed in all cases for a standard beneficiary who has completed a qualifying period of 30 years of contribution or employment, in accordance with Articles 28 and 29, paragraph 1(a), of the Convention; such measures may include the establishment of a minimum pension calculated in accordance with the provisions of Article 66 of this instrument. The Committee wishes to be informed of any new developments in this regard.

(c) As regards the review of old-age pensions (Article 65, paragraph 10, and Article 66, paragraph 8), the Committee notes the statistics provided by the Government in its report on the change in the consumer price index and in the minimum wage for employees. In order to be fully able to assess the manner in which effect is given to these provisions of the Convention, the Committee requests the Government to provide, in its next report, all the statistics required in the report form under Article 65 (Title VI), and in particular, as concerns the variations in old-age pensions, data relating to the annual average pension by beneficiary and by standard beneficiary, as it has done for Part VI (Employment injury benefit).

Part VII (Family benefit), Article 44 of the Convention. With reference to its previous conclusions, the Committee notes with interest the statistics on the level of family benefit supplied by the Government which show that the total value of family benefit has increased in relation to the data provided previously from 1.22 per cent to 1.41 per cent of the reference wage multiplied by the number of children under the age of 18. Given, however, that the total value of family benefit has still not reached the percentage prescribed in article 44 of the Convention (1.5 per cent), the Committee requests the Government to indicate in its next report the measures taken or envisaged to increase the total amount of the benefit in question, paid in accordance with article 42 of the Convention, so as to reach the level prescribed by this instrument.