Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

1. Part IV (Survivors' benefit). The Committee notes the new system of survivors' pensions, which came into force on 1 January 1990, following the adoption of the Act of 30 June 1988 to amend the National Insurance Act. The Committee also notes the Government's statement that the new system of survivors' pensions is intended principally to take into account the new situation with regard to women on the labour market, and the changes in family structures and social conditions generally. Furthermore, the Committee notes that the new system is covered by transitional provisions which may be applied over a long period. While fully aware of the reasons which have led the Government to reform its survivors' benefit system and the fact that the new legislation applies to surviving spouses, a term which includes men and women who were permanently living together at the time of death, the Committee wishes to draw its attention to the following point.

Article 41 of the Convention (in the light of Article 21, paragraph 3(b), and Article 1(h)). By virtue of section 4, Chapter 8, of the above Act of 30 June 1988, a surviving spouse who has not reached the age of 65 years upon the death of the spouse is entitled to an adjustment pension for a period of one year if the spouse has a dependent child under 12 years of age or if they have lived uninterruptedly with the deceased spouse for a period of at least five years. In accordance with section 5 of Chapter 8, entitlement to an adjustment pension is maintained for as long as the surviving spouse lives with a dependent child under 12 years of age. Furthermore, a surviving spouse who fulfils the conditions for entitlement to an adjustment pension under section 4, Chapter 8, is entitled to a special survivors' pension if its capacity to obtain an income from work is reduced by at least half following the death of the spouse and the reduction is due to conditions on the labour market, to the surviving spouse's state of health or to any other comparable circumstances which are presumed not to be of short-term duration (Chapter 8, section 6). Similar provisions apply to supplementary pensions under Chapter 14 of the Act of 30 June 1988.

The Committee recalls that, in accordance with Article 21, paragraphs 2 and 3, of the Convention, the right of a widow to a survivors' pension must be recognized in the following three cases: (1) when the widow has reached a prescribed age, which may not be higher than the age prescribed for old-age benefit; (2) when the widow is an invalid; and (3) when the widow is caring for a dependent child of the deceased. The new Swedish legislation appears to ensure the application of this provision of the Convention with regard to the first two categories of widows. Such does not appear to be the case for a widow who is caring for dependent children, since, in accordance with Article 1(h) of the Convention, the term "child" covers: "(i) a child under school-leaving age or under 15 years of age, whichever is the higher; and (ii) a child under a prescribed age other than specified in clause (i) of this subparagraph and who is an apprentice or student or has a chronic illness or infirmity disabling him from any gainful activity, under prescribed conditions: provided that this requirement shall be deemed to be met where national legislation defines the term so as to cover any child under an age appreciably higher than that specified in clause (i) of this subparagraph".

The Committee hopes that the Government will be able to re-examine the matter in the light of the above. In the event that the Government continues to prevail itself of Article 41 of the Convention, to which it referred in its first report, the Committee requests the Government to supply the information required by the report form under this Article of the Convention, and in particular under points 2 and 3.

2. Part VI (Common provisions), Article 32, paragraph 1(a). The Committee would be grateful if the Government would indicate whether, and under which provisions, supplementary pensions continue to be provided in the event of the residence of the beneficiary abroad.

3. Furthermore, the Committee would be grateful if the Government would supply the text in Swedish and, if possible, in English of the most recent codified version of the National Insurance Act.