Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Seafarers' Pensions Convention, 1946 (No. 71) - Greece (Ratification: 1986)

Article 4, paragraph 3, of the Convention. In its previous comments, the Committee raised the question of the compatibility with the Convention of section 25 of Act No. 792 of 1978, of which subsection 2 provides for the forfeiture of the right to a pension if the seafarer has been convicted of collaboration with the enemy. In its reply, the Government once again states that the cases in which the right to a pension is forfeited, as set out in section 25 of Act No. 792 of 1978, are in conformity with the Convention, in view of the fact that the offences which give rise to such forfeiture are punishable by sanctions on the grounds that they have been committed fraudulently. It adds that the Ministry of the Mercantile Marine is now preparing an amendment to the above provision so that the seafarer is deprived of the right to receive a pension when he is convicted by final court decision of treacherous cooperation with the enemy.

The Committee notes this statement. It nevertheless recalls that Article 4, paragraph 3 of the Convention addresses the case in which the person concerned has acted fraudulently with a view to obtaining a benefit in respect of the pension institution. Consequently, the forfeiture or suspension of the right to the pension as a result of a conviction on grounds such as collaboration with the enemy is not covered by this provision of the Convention. The Committee therefore hopes that the necessary measures will be taken in the near future to amend section 25(2)(a) of Act No. 792 in the light of the above comments in order to ensure the full application of the Convention.