Solicitud directa (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

The Committee notes the information provided by the Government in its report as well as its reply to the Committee's previous comments.

1. Article 41 (in light of Article 21, paragraph 3(b), and Article 1(h)) of the Convention. (a) With reference to its previous comments, the Committee recalls that, in accordance with section 5 of Chapter 8 of the Act of 30 June 1988 to amend the National Insurance Act, entitlement for an adjustment pension is maintained for as long as the surviving spouse lives with a dependent child under 12 years of age, whereas under Article 21, paragraph 3(b), and Article 1(h) of the Convention, the right of a widow to a survivors' pension must be maintained for as long as she is caring for a dependent child of the deceased under school-leaving age or under 15 years of age, whichever is the higher, or under such higher age as may be prescribed when the child is an apprentice or student or is an invalid. In its latest report the Government indicates in this respect that in Sweden the compensation is linked to the child and not to the surviving spouse, and since, in the great majority of cases, the survivor is custodian, in practice the compensation goes to the family. It adds that survivors' pension in the form of child pension is paid to children aged under 18 years or 20 years, if the child is studying.

While noting this information, the Committee observes that there has so far been no change in the situation in law. Regarding the level of the survivors' pension in the form of child pension for two children over 12 years of age, it further observes that, according to the statistics provided by the Government, this pension would not attain the level of the survivors' benefit prescribed by the Convention for a standard beneficiary (a widow with two children). In this situation, the Committee would once again express the hope that the Government's next report will indicate progress achieved in national law and practice to secure full application of Article 21, paragraph 3(b), of the Convention. In the meantime, the Committee ventures to draw the Government's attention to the two possibilities opened in this respect which might consist in taking measures either to prolong the widow's entitlement to an adjustment pension until the child she is caring for reaches at least the school-leaving age, or such higher age as mentioned above, or to raise the amount of the child pension for children over 12 years of age, so that the amount of such pension for the children would attain the level of the survivors' benefit prescribed by the Convention for a standard beneficiary.

In the event, however, that the Government would wish to continue to prevail itself of Article 41 of the Convention, the Committee hopes that it would not fail to supply in its next report full information required by the report form under this Article, and in particular under points 2 and 3.

(b) The Committee notes from the 30th Government's report on the application of the European Code of Social Security that, as from 1 January 1997, the period of entitlement to adjustment pension of a surviving spouse has been reduced from one year to six months. However, if the survivor's work capacity is reduced by at least a quarter, a special survivor's pension is payable after the right to adjustment pension has expired. In view of these changes, the Committee would like the Government to provide in its next report information on the scope of application of the special survivor's pension in practice, indicating in particular the special circumstances in which it is payable, duration of payment, the extent to which age, state of health and work expectations of the surviving spouse are taken into consideration, as well as the number of cases in which applications for this pension were refused and the reasons thereof.

2. Part V (Standards to be complied with by periodical payments). (a) The Committee notes the statistical data concerning the estimation of the reference wage used in the calculation of the level of the benefits, which, according to the information provided in the report under Article 10 of the Convention, amounted in 1995 to SEK200,800 per year. Please indicate the method used in selecting the typical employee to whom corresponds the said reference wage.

(b) In relation with Parts IX (Invalidity benefit) and X (Survivors' benefit). The Committee notes from the Government's report that, following the adaptation of the pension legislation to the EC rules, nationals and non-nationals residing in Sweden are entitled to basic pension (FP) under the same conditions according to two alternatives. The pension is calculated either in relation to the number of years with pension points under the supplementary pension scheme (ATP) or in relation to years of residence in Sweden. A minimum of three years of fulfilment is required to be eligible to a pension. In order to be entitled to full FP-pension, 30 years with pensionable income or 40 years of residence are required. The Committee would like the Government to be requested to indicate as far as the amount of the FP-pension is concerned, whether account is taken of the period elapsing between the contingency (invalidity or death of breadwinner) and the pensionable age. Please also describe the applicable rules.

3. Part VI (Common provisions), Article 32, paragraph 1(a). The Committee understands from the text of Chapter 16, sections 4 and 13 of the Insurance Act, that supplementary pensions (ATP) may continue to be paid abroad, in case of residence of the beneficiary out of the country, if the latter so wishes. It requests the Government to confirm that this is in fact the case.

4. Finally, the Committee thanks the Government for supplying the most recent consolidated version in Swedish of the National Insurance Act and reserves the possibility to examine it once the translation of the necessary chapters would be available.