Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 71) sur les pensions des gens de mer, 1946 - Pérou (Ratification: 1962)

Autre commentaire sur C071

Observation

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The Committee notes the information provided by the Government in reply to its 2011 and 2012 observations, including its replies to the observations of the Federation of Fishing Workers of Peru (FETRAPEP) and the General Confederation of Workers of Peru (CGTP).

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

Article 3(1)(a) and (2) of the Convention. Minimum replacement rate of pensions. Fishers. With reference to the recommendations of the Governing Body relating to the representation alleging non-compliance by Peru of the present Convention, made under article 24 of the Constitution of the ILO by the Autonomous Workers’ Confederation of Peru (CATP), the Committee notes the adoption of Act No. 30003 of 14 March 2013, the objective of which is to facilitate the access of fishing workers and retirees to social security, and which contains extraordinary measures for the workers and retirees affected by the dissolution and liquidation of the Fishers’ Benefits and Social Security Fund (CBSSP). The Act provides that workers previously covered by the CBSSP and new fishing workers may opt for coverage by the Special Pension Scheme (REP), the new retirement scheme for fishery workers, or the Private Pension System (SPP). The Committee notes the Government’s indication that, as required by the Convention, both systems provide for the collective financing of the benefits provided, with contributions by workers and shipowners (8 per cent and 5 per cent of insurable remuneration, respectively). The Committee notes that, under the terms of section 10 of Act No. 30003 and section 33 of its regulations, the retirement pension under the REP and the supplementary assistance pension for persons covered by the SPP is granted to fishers who have accumulated a minimum of 25 years of work in fishing and have reached the age of 55 years. The amount of the pension, for the REP, is determined by applying the replacement rate equivalent to 24.6 per cent of the average insurable monthly remuneration for the five last years of work in fishing. The SPP scheme, despite the fact that the Act does not establish a minimum replacement rate, guarantees a supplementary assistance pension, which is added to the amount of the SPP pension, when the latter is lower than the amount that the worker would have received within the framework of the CBSSP (section 33(e) of the regulations of Act No. 30003). The Committee recalls that Article 3(1)(a)(ii) of the Convention provides that the pensions provided shall be at a rate not less than 1.5 per cent of the remuneration for each year of sea service, that is 37.5 per cent for a 25-year career, i.e. the minimum period provided by the national legislation to obtain an old-age pension. In this respect, the Committee observes that the replacement rate of 24.6 per cent is lower than the rate resulting from Article 3(1)(a) of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that the national legislation provides for a minimum replacement rate that is in conformity with Article 3(1)(a)(ii) of the Convention. In addition, the Committee notes that the Government has not provided information on: (i) the total amount of the contributions paid by fishers covered by the REP and SPP schemes; and (ii) the total amount of the pensions paid under these schemes, and that it has not specified whether the percentage of the amount indicted in point (ii) represents the amount indicated in point (i) in order to demonstrate that the workers in question collectively do not contribute more than half of the cost of the pensions payable under these schemes, in accordance with Article 3(2) of the Convention. The Committee requests the Government to provide information on this matter.

Collective financing of pensions of seafarers engaged on sea, river and lake service. With regard to seafarers engaged on sea, river and lake service, the Government indicates that the National Pensions System (SNP), regulated by Legislative Decree No. 19990, includes a special retirement scheme for these workers governed by Acts Nos 21952 and 23370. Under the SNP, the contribution rate is covered exclusively by the insured person and is 13 per cent of insurable remuneration, being it understood that the wage on which the contribution is based cannot be lower than the minimum remuneration. The Government indicates that the minimum monthly amount of the contribution to the SNP in 2013 was equivalent to 97.5 new soles and that the amount of the minimum pension is 415 new soles, for which reason it considers that the contribution rate to the pension system for workers on sea, river and lake service is lower than half of the cost of the pensions payable under this scheme. The Committee notes the Government’s indication that seafarers engaged in sea, river and lake service who contribute to the pensions system on the basis of the minimum contribution are guaranteed a monthly pension equivalent to four times the amount of their contribution. Nevertheless, the Committee notes that Article 3(2) of the Convention does not require that the proportion of the minimum contribution is lower than 50 per cent of the cost of the pensions payable, but that the percentage represented by the total amount of the contributions paid in the system by all the persons covered by the scheme shall not be more than half the cost of the pensions payable under the pensions scheme. The Committee therefore requests the Government to provide all of the information requested in the report form under Article 3 of the Convention with a view to demonstrating that the workers in question do not contribute collectively more than 50 per cent of the cost of the pensions payable. The Committee notes that the Government has not provided information on the minimum replacement rate of the retirement pensions paid to seafarers on sea, river and lake service which, in accordance with Article 3(1)(a) of the Convention, shall not be less than 1.5 per cent of the remuneration for each year of sea service if the scheme provides pensions upon attaining the age of 55 years. The Committee requests the Government to provide information on this matter.

Former employees of the Peruvian steamship company (CPV). With regard to the former employees of the CPV, the Government indicates that they can be included either in the scheme governed by Legislative Decree No. 19990, which regulates the national social security pension system, or they may have been included by judicial order under the scheme governed by Legislative Decree No. 20530 on the pensions and benefit scheme for public services provided for the State and not covered by Legislative Decree No 19990. Nevertheless, the Committee notes that the Government’s report does not include data on the rate of the pensions paid to these workers. The Committee therefore requests the Government to take all the necessary measures to ensure that the rate of the pensions payable to the former employees of the CPV, who were previously seafarers and have completed a specific period of sea service, is in any case at least equal to the amount resulting from the application of the minimum replacement rate prescribed in Article 3(1)(a)(ii) of the Convention, revising, if necessary, the ceiling applicable to these pensions.

Ruling by the Supreme Court of Justice. The Government indicates that the ruling issued on 24 November 2009 by the transitional civil chamber of the Supreme Court of Justice, which ordered the State to pay its debt in relation to the CBSSP, is awaiting execution. The Committee requests the Government to continue providing information on the execution of the ruling of the Supreme Court referred to above. It also requests the Government to provide information on the liquidation of the insurance claims that are still awaiting payment by the CBSSP.

Observations of the General Confederation of Workers of Peru (CGTP). The Committee refers to the observations of the CGTP referred to in its 2011 observation concerning the administration of pensions by the SPP and the impact of the global financial crisis on pension funds. In reply to these observations, the Government refers to investment instruments and operations in which pension funds can invest, and the investment limits for each type of pension fund. The Government adds that the amounts which enter individual capital accumulation accounts of insured persons are expressed in quotas of the Private Pension Fund Administration (AFP) and the type of fund that has been selected. Insured persons have an individual capital accumulation account which records the contributions paid on a monthly basis, and the accumulation of these contributions constitutes the total maintained for insured persons. These total amounts may be liquidated at any time, taking as a reference the value of the AFP quota and the type of fund belonging to insured persons, for which reason a valuation which gives negative results relating to an early reference period does not necessarily involve losses for insured persons. The fact that the accumulated total may fall over a certain period, does not imply that such a reduction is permanent. The Government adds that what is relevant is to evaluate the aspects relating to the long-term return generated by the SPP, as there are always situations in which the return may fall, due to events such as international crisis. Through the Act reforming the private pensions system, incentives can be generated for AFPs to optimize the investment of contributions. Noting that, in accordance with Article 4(4) of the Convention, “the shipowers and the seafarers who contribute to the cost of the pensions payable under the scheme shall be entitled to participate through representatives in the management of the scheme”, the Committee requests the Government to provide information on the effect given to this provision in relation to the management of the SPP.

Observations of the Federation of Fishing Workers of Peru (FETRAPEP). The Committee notes that, in relation to the observations made by the FETRAPEP, referred to in its 2011 observation, relating to the difficulties encountered by fishers in receiving their old-age benefit due to the suspension of their contracts during the veda every year (the closed season for fishing), the Government refers to a report by the multisectoral labour round table responsible for seeking solutions to the claims made by organizations of pensioners and retirees. Nevertheless, the Committee notes that this report does not address the matters raised by the FETRAPEP. The Committee therefore requests the Government to provide information on any solutions proposed on the issues raised by the FETRAPEP.