Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Netherlands (Ratification: 1969)

The Committee notes with interest the information supplied by the Government in its detailed report and would be grateful if the Government would supply certain additional information on the following points:

1. Part II (Invalidity benefit), Articles 8 to 12. The Government indicates in its report that a revision of the social security legislation has been made in January 1987 and that, with regard to insurance for incapacity to work, invalidity benefits are now only provided in the event of total incapacity of over 80 per cent. It adds that persons suffering partial incapacity to work are entitled to proportional unemployment benefits provided by the special scheme for elderly unemployed persons and workers who are partially incapacitated for work. Furthermore, from that date, the provisions, in the invalidity insurance schemes, concerning minimum daily wage were repealed and replaced by a special law providing for the grant of supplementary benefits intended to bring invalidity benefits up to the minimum social benefit (based on the minimum wage), the rate of which varies according to the family status of the beneficiary, taking into account the beneficiary's occupational income and, where appropriate, that of the spouse.

The Committee notes these indications and requests the Government to supply detailed information on the application of these new provisions and to communicate copies of them (if possible in an English or French translation).

2. Part V (Standards to be complied with by periodical payments): (a) Article 27 (in relation with Articles 17 and 18). The Committee notes with interest that the Act of 28 March 1985, which amends the legislation on general old-age insurance, introduces the principle of equality of treatment between men and women in the context of old-age pensions, and particularly with regard to the benefit rates payable to each spouse benefiting from these pensions. The Committee also notes that under section 9 of the Act the gross level of old-age pensions is a percentage of the net minimum wage serving as a basis for the calculation of the benefits concerned, and it would be grateful if the Government, when compiling statistics on the level of old-age benefits, would take as the reference wage the gross minimum wage.

(b) Article 29. The Committee notes that the Government has once again decided not to adjust the statutory minimum wage to the general trends in wages and is thereby preventing any long-term readjustment of benefits. While being aware of the need to take certain measures to contain the increase in social security costs, the Committee hopes that the Government will make every endeavour to take into account the provisions of the above Article of the Convention and that it will also supply in its next report, together with information on wage indexes, information on the cost of living index.

3. Part VI (Common provisions), Article 32. The Committee notes that under the terms of section 17 of the above Act of 28 March 1985, old-age pensions may be reviewed or withdrawn by the Social Insurance Bank and that the Minister of Social Affairs and Employment may issue rules withdrawing or suspending the grant of such benefits. The Committee requests the Government to indicate the cases (other than those referred to in section 24 of the Act) in which these benefits may be suspended or withdrawn and to supply copies of the rules that may be issued in this connection by the competent Minister. [The Government is asked to report in detail for the period ending 30 June 1990.]