Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Seafarers' Pensions Convention, 1946 (No. 71) - Norway (Ratification: 1949)

Article 2(2) of the Convention. Exemptions from pension schemes for seafarers. The Committee notes the Government’s brief report, received October 2010, referencing its previous reports. The Committee recalls the Government’s indication in its previous reports that, pursuant to section 2 of Act No. 7 of 3 December 1948 concerning pension insurance for seafarers, persons employed in hotel and restaurant activity on board tourist ships registered with the Norwegian International Ship Register (NIS) are excluded from the coverage of the pension insurance scheme. Recalling that the Convention defines the term “seafarer” as every person employed on board or in the service of a seagoing vessel, and also recalling that under Article 2(2)(d) of the Convention, exceptions to the pension scheme may be made in respect of persons employed on board by an employer other than the shipowner, except catering staff, the Committee requests the Government to provide additional explanations in this respect.

In addition, the Committee recalls that, following the amendments to the Pension Insurance for Seamen Act introduced in 2000, the Minister may exempt from the insurance scheme groups of employees on drilling vessels and other mobile installations in the sea on condition that the employees’ and employers’ organizations agree and also that the employees concerned are covered by another pension scheme that the Ministry deems to be at least as good. The Committee requests the Government to provide further information on the approximate number of employees on drilling vessels who may have been excluded and the pension scheme arrangements applicable to them.

Article 3(1). Pension scheme for seafarers. The Committee understands that the general Norwegian pension system was expected to be amended as from January 2011, and that there would be consequential changes to the Pension Insurance for Seamen Act. The Committee would appreciate receiving detailed information on the nature and scope of the pension system reform, particularly as regards the seafarers’ entitlement to old age pension.

Article 4(1). Refund of contributions. The Committee notes that a seafarer is entitled to have pension contributions refunded as a lump sum when the person concerned has ceased to accumulate pensionable maritime service, does not have sufficient service months to receive a pension and has paid contributions for at least 36 pensionable service months. Recalling that the Convention requires appropriate provision to be made for the payment of a benefit representing a return for the contributions credited to the account of a seafarer in all cases, and not only when a minimum contribution period is completed, the Committee requests the Government to provide additional explanations in this regard.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, statistical information concerning the number of seafarers covered by the Pension Insurance for Seamen (PTS), data on the percentage breakdown of financing of the pension insurance fund, copies of official publications such as annual reports and circulars of the PTS as well as extracts from reports of the services entrusted with the application of the relevant laws and regulations.