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

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Slovakia (Ratification: 1993)

The Committee notes the information contained in the Government’s report and notes the legislation referred to therein. In order to be able to assess fully the manner in which the Convention is applied in practice, the Committee hopes that the Government’s next report will not fail to provide full particulars on the following points:

Part VII (Family benefit), Article 44 (in relation to Article 66) (Rate of benefit). Please provide the statistics requested in the report form under Articles 44 and 66 (Title I).

Part IX (Invalidity benefit), Article 54 (Definition of the contingency). The Committee notes that, by virtue of section 29(3) of the Act on Social Security (No. 100 of 1988), a person is invalid where, by reason of a long-term deterioration of health, that person is incapable of performing a regular occupational activity or can only exercise such an activity under very special conditions. Please provide full particulars on the application in practice of section 29(3) so as to shed light on its scope, taking into account the fact that, by virtue of Article 54 of the Convention, which refers to "inability to engage in any gainful activity, to an extent prescribed", the protection should not be limited to cases of absolute permanent invalidity.

Part XI (Standards to be complied with by periodical payments), Article 65 (in relation to Articles 50, 56 and 62). 1. The Committee requests the Government to provide the statistical information requested in the report form under Article 65 (Titles I, II, IV and V). The Committee emphasizes the need to be provided with this information since, in the Slovak system, maternity cash benefits, invalidity and survivors’ benefits are based on the previous earnings of the insured person and the earnings taken into account for the calculation of the benefit and/or its level are subject to a ceiling. It draws the Government’s attention to Article 65, paragraph 3, of the Convention, which specifies that in such a case the maximum limit must be fixed in such a way that the provisions relating to the amount of benefits are complied with where the previous earnings of the beneficiary are equal to or lower than the wage of a skilled manual male employee. With regard to the definition of a skilled employee, the Government may wish to refer to Article 65, paragraph 6(d), which provides that such an employee may be a person whose earnings are equal to 125 per cent of the average earnings of all the persons protected.

2. Furthermore, the Committee notes the information provided by the Government in its report on the revision of invalidity and survivors’ benefits. In order to be in a better position to assess the manner in which effect is given to Article 65, paragraph 10, which provides for the amount of benefits to be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living, the Committee hopes that the Government’s next report will not fail to include all the information requested by the report form under Article 65, Title VI.

Part XII (Equality of treatment of non-national residents), Article 68. From the information contained in MISSCEO 2000 (Mutual Information System on Social Protection of the Council of Europe: comparative table of the social protection systems in 18 Member States of the Council of Europe, Australia and Canada, 10th edition), Table VIII, page 313, the Committee understands that, to be entitled to an orphans’ pension, the children of the deceased insured person must be of Slovak nationality. As the Committee has not found a reference to this nationality requirement in the Act on Social Security (No. 100 of 1988), it would be grateful if the Government would indicate if this is indeed the case and, if so, if it would specify the applicable provisions. If such is the case, it would be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to ensure the application of Article 68 of the Convention respecting equality of treatment of non-nationals with regard to orphans’ benefit.

Part XIII (Common provisions), Article 69(c) (Suspension of benefit in the event of the cumulation of benefits).  Please provide information on the implementation in practice of section 56(a) of Act No. 100 of 1988 with a view to shedding light on its scope (such as the number of cases, the circumstances in which section 56(a) has been used).

Article 70 (Right of appeal). Please provide detailed information on the appeal procedures available to beneficiaries of benefits under the various branches which have been accepted by Slovakia in case of refusal of the benefit or complaint.

Article 71, paragraph 2 (Financing of benefits). Please provide the statistics requested in the report form under Article 71, point 3.

Article 71, paragraph 3 (General responsibility of the State). Please indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of the social security scheme are made periodically and communicate the results of these studies and calculations.

Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b) (in relation to Articles 48, 55 and 61) (Scope of application). Please provide the statistical information requested by the report form under Article 76, Title I or Title II, according to whether recourse is had to points (a) or (b) of Articles 48, 55 and 61.

The provision of certain information, and particularly statistics on the level of old-age benefit, may prove to be relatively complex and the Committee wishes to remind the Government of the possibility of having recourse to the technical assistance of the Office in this regard.

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