Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Seafarers' Pensions Convention, 1946 (No. 71) - Peru (Ratification: 1962)

1. With reference to its previous comments, the Committee notes the detailed information provided by the Government on the manner in which benefits are paid to retired employees of the Peruvian Steamship Company (CPV). It notes with interest the fact that by a ruling of 28 December 1999, the Administrative Corporate Affairs Tribunal declared that the many claims made by CPV pensioners were valid. The ruling in question required that the appropriate level of pension be established for every claimant, and to that end the Insurance Standardization Office (ONP) must establish the equivalent public positions that apply in each case. The Committee also notes the adoption of resolution No. 048-2001-JEFATURA/ONP of 14 February 2001, by which the ONP approved Directive No. 002-2001-JEFATURA/ONP on procedures for determining the equivalent public posts for the CPV pensioners referred to in Legislative Decree No. 20530. The Committee notes the judicial ruling of 7 November 2001 to the effect that, contrary to the decision of the superior body, the ONP determined the equivalent posts and wage categories of the CPV retired employees without taking into account that the determination of pension benefits should depend directly on the claimant’s occupational category at the time of retirement. The ruling instructs the ONP to determine the pensions of all the retired employees within ten days. The Ministry of Economics and Finance is awaiting the rulings of the court and the determination of the ONP regarding the adjustment of pensions payable to former CPV employees. The Committee requests the Government to keep it informed in this regard, and requests the Government once again to provide information on the situation, with reference to the Convention, of former employees of this company who were excluded from the pension fund and have not been reinstated in it by a court ruling.

2. In its previous comments, the Committee had requested the Government to indicate whether the new system of private management of pension funds (SPP), established by Decree No. 054-97-EF of 13 May 1997, applies to persons employed on board or in the service of vessels flying the Peruvian flag and, if so, to supply information on the impact of this system on the application of the Convention. In its report, the Government reiterates that the SPP does not provide for any special scheme for seafarers, and adds that the early retirement rights (introduced by Act No. 27252) for SPP-affiliated workers employed in work that carries risks for their life or health do not apply to seafarers. The conditions of membership and retirement for seafarers are the general conditions that cover all SPP members.

In terms of social insurance, a specific pension scheme for seafarers has not been established as envisaged by the Convention. Seafarers are included in schemes which were not necessarily established for them, but under which they can be insured. There is also a special insurance scheme for maritime workers, who fall within the scope of the national pension system provided for by Decree No. 19990. Acts Nos. 21952, 21933 and 23237 include within this scheme maritime, inland waterway and dock workers, and also make provision for the early retirement of maritime workers. The Committee notes this information, and once again requests the Government to provide detailed information on the impact of the new pension scheme on the application of the Convention and to provide, where possible, statistics on the number of seafarers covered by the national pension scheme to which Decree No. 19990 refers, or by the SPP, or by any other special scheme.

3. In its previous comments the Committee had noted the information provided by the Government in reply to the communication from the Association of Former Employees and Retirees of the National Ports Enterprise (Empresa Nacional de Puertos S.A. - ACJENAPU) denouncing the violation of the acquired rights of retirees of the National Ports Enterprise. In its reply, the Government provides detailed information on the legal action taken by the ACJENAPU in its supplementary action against the National Ports Enterprise. The Committee notes once again that the Insurance Standardization Office (ONP) has still to establish the internal procedure to be followed by the National Ports Enterprise to give effect to the award by the courts in favour of the ACJENAPU in its supplementary action. The Committee hopes that the Government will take the necessary measures in this respect and requests it to keep the Committee informed of the progress achieved in this regard.

4. With reference to the observations presented by the Union of Crew Members of Maritime Vessels for the Protection of CPVSA Workers concerning, among other matters, the application of the Convention, which were transmitted to the Government on 20 February 2001, the Committee notes that the Government will supply additional information, and hopes that the Government will communicate its comments in this regard as soon as possible.

[The Government is asked to reply in detail to the present comments in 2003.]