Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information provided by the Government in its report in reply to its previous comments and would like to draw the Government’s attention to the following points.

1. Impact of the new pension scheme on the application of the Convention. In reply to the Committee’s requests concerning the impact of the new pension scheme on the application of the Convention, the Government provides with its report a document drawn up by the Banking and Insurance Supervisory Agency (SBS) and statistics on the number of retired seafarers receiving pensions from the various pension schemes which apply to them. In this regard, the communication from the SBS recalls that there is no specific scheme applicable to seafarers within the private pension system (SPP) and that affiliation to the SPP is on a voluntary basis. The SBS also refers to Act No. 27617 of 1 January 2002 under which persons affiliated to the SPP at the date of entry into force of the abovementioned Act and who were entitled at the time of their affiliation to early retirement under the national pension scheme (SNP) may also avail themselves of this entitlement under the SPP.

The Committee notes this information. However, inasmuch as there have been many changes in recent years in the legislation and regulations giving effect to the Convention and in order to be able to carry out a precise evaluation of the manner in which the Convention is applied, the Committee requests the Government to provide in its next report the detailed information on the application of the Convention requested in the report form in respect of each of the Articles of the Convention.

2. Payment of pensions to retirees and former employees of the Peruvian Steamship Company (CPV). In its previous comments, the Committee requested the Government to provide information on any developments in the situation concerning the payment of pensions to retirees and former employees of the CPV. It also requested the Government to provide information on the situation in relation to the Convention, reported by the Association of Crew Members for the Protection of CPV Workers, of former pensioners of this enterprise who had been excluded from the Pension Fund and had been unable to obtain their reinstatement through a court ruling.

With regard to the first point, the Government indicates in its report that, further to the adoption of Supreme Decree No. 104-2003-EF of 25 July 2003, the adjustment of the pensions of the persons concerned is no longer the responsibility of the Insurance Standardization Office (ONP). In this regard, the Government’s report indicates that, under new Act No. 28047 of 31 July 2003, each entity is responsible, in respect of the retirees affiliated to the scheme under Act No. 20530 but who were not public servants, for establishing the equivalent public positions with respect to adjustment of the pensions paid to the persons in the abovementioned category. The Government also adds that Decision No. 57 of 30 January 2003 of the administrative court (juzgado de derecho público) declared the Ministry for Economic and Financial Affairs to be the competent authority as successor to the ONP, and that an application was made to the administrative judge in order to determine whether, in view of all the legal amendments that had taken place, the Ministry of Economic and Financial Affairs was also responsible for adjustment of the pensions of the CPV retirees. The Government concludes by stating that, since the matter is still before the courts, it will provide information in its next report on any developments in the situation.

The Committee notes this information. It hopes that all necessary measures will actually be taken by the Government, if necessary by amending the legislative texts in order to clarify them by clearly designating the responsible bodies, and that it will be in a position to inform the Office very soon that the matter under consideration has had a favourable outcome. With regard to the second point referred to above, it notes that the Government has still not provided information on it and hopes that it will provide all necessary information in its next report, in line with the previous undertaking that it made.

3. Procedures for the adjustment of pensions of certain retirees of the National Ports Enterprise (ENAPU). It its previous comments, while again noting that the Insurance Standardization Office (ONP) had still not determined the internal procedures for implementing the court decision in favour of the Association of Former Employees and Retirees of the National Ports Enterprise (ACJENAPU), the Committee expressed the hope that the Government would take the necessary measures in this regard. In its last report, the Government refers to a communication from the ONP, which stated that it gave effect to the decision ordering the adjustment of pensions on the basis of the wages paid to employees in the same category of the ENAPU, with the exception of three cases. The aforementioned communication adds that the files relating to these three persons were sent to the Ministry of Economic and Financial Affairs pursuant to the entry into force of Act No. 27719 of 12 May 2002 and Supreme Decree No. 104-2003-EF of 25 July 2003 having the effect of removing the matter from the competence of the ONP. The Committee notes this information with interest. It would be grateful if the Government would provide information in its next report on any subsequent developments in this matter and specify in particular: (i) whether the adjusted pensions are actually being paid to the retirees concerned; and (ii) whether the three persons whose pensions had not been adjusted by the ONP have had their pensions adjusted by the Ministry of Economic and Financial Affairs.

[The Government is asked to reply in detail to the present comments in 2005.]