Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee asks the Government to refer to its observation, and wishes to point out the following:

Part II (Invalidity Benefit), Article 12 of the Convention, in conjunction with Article 32(e). The Committee notes the Government's reply to its previous request concerning the application, in practice, of the provisions of the national legislation concerning pensions applicable to workers in the public sector and seafarers (VEL, KVTEL and MEL) and of the National Pensions Act (KEL) which provide that invalidity benefit may be refused or reduced, amongst other grounds, if the beneficiary has caused the invalidity through gross negligence.

The Government indicates in its reply that the above-mentioned provision of the National Pensions Act (KEL) was repealed in January 1983 and that the provisions of the other laws referred to in the Committee's request have not been applied except on one occasion in 1985 pursuant to the Local Government Employees Act (KVTEL).

The Committee notes this information with interest and hopes that in a future review of the national legislation the above-mentioned provisions of the legislation on pensions applicable to workers in the public sector and seafarers will also be brought fully into conformity with Article 32(e) of the Convention under which benefits may be suspended only when the contingency has been wilfully caused by the serious misconduct of the person concerned.