Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

1. Part III (Old-age benefit), Article 15, paragraph 3, of the Convention. In reply to the Committee's earlier comments concerning the lowering of the age of retirement to under 65 years for persons who have been employed in occupations considered by the national legislation to be arduous or unhealthy (in accordance with the above-mentioned provision of the Convention), the Government indicates in its report that the question cannot at present be discussed in a general context in view of the financial situation of the pension scheme, the growing number of beneficiaries over the years and the various economic measures which must be taken to ensure that the scheme is maintained at its present level. The Government none the less recalls that all insured persons may have recourse to early retirement and that, particularly since January 1984, retirement pensions with very favourable terms have been granted to persons of over 55 years of age in the event of a reduced capacity for work. It adds that supplementary allowances of a level corresponding to the level of the pension for reduced capacity for work, are granted (under the Supplementary Benefits Act of 1973) to employees over a certain age who have lost their jobs in mining or in the iron and steel industry and to unemployed men over the age of 59 and women over the age of 54. These allowances are granted to workers meeting the prescribed qualifying period, until such time as they are replaced by retirement pension. In addition, workers engaged in night work or arduous occupations enjoy, following the adoption of the Federal Act of 2 July 1981 (BGB1 354), better working and health conditions and receive a supplementary pension at an age lower than the age of normal retirement (currently 57 years for men and 52 years for women). The supplementary pension is granted to persons who have completed a long period of insurance contributions, even if they have only been engaged in such work for a minimum number of years.

The Committee takes due note of this information. It also notes the comments made on this subject by the organisations representing the workers, which were enclosed with the report. It hopes that the Government will continue to make every effort to ensure more effective application of the above-mentioned Article of the Convention, which aims to establish a more favourable pension scheme for workers who have been engaged in occupations that are arduous or unhealthy, while observing the standards laid down by Articles 17 and 18 of this instrument.

2. The Committee also takes note of the information supplied by the Government concerning the measures taken or under consideration to maintain the financial equilibrium of the insurance scheme. It hopes that, when such measures are adopted, the Government will continue to take account of the effect they may have on the application of the Convention and that it will not fail to keep the International Labour Office informed of such developments.

3. The Committee would also be grateful if the Government would provide statistical data in its future reports, on the persons protected and the rate of benefits, as required by the report form on this Convention under Articles 16, 17 and 18.