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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Seafarers’ Pensions Convention, 1946 (No. 71). Article 3(1). Seafarers’ old-age pensions. The Committee notes the observations received from the Italian Union of Labour (UIL) in 2014 and the information provided in the Government’s report and, more specifically, the increase of the general retirement age to 66 years and three months by 2020. It also notes that, according to section 5 of the Presidential Decree No. 157/2013, the age requirement of the general pension scheme shall be reduced by five years in the case of pilots in maritime piloting, that is, to 61 years and three months. Other maritime professions seem however to remain subject to the general retirement age. In its observations received in 2014, the UIL indicates that the new retirement arrangements do not take into account the peculiar nature of maritime employment and are retrogressive in comparison with the previously applicable conditions established by Act No. 413/84. The Committee notes that, following the reform, persons who started contributing on 1 January 1996 or after, have two possibilities for early retirement: either having completed a contribution period of more than 42 years, or having reached the age of 63 with 20 years of actually paid contributions and the pension amount is not lower than a monthly threshold (2.8 the monthly social welfare allowance in 2012). Those who started contributing before 1996 may only retire early if they have at least 42 years of contributions. The Committee observes that the new retirement age established in Italy far exceeds the age of 60 years foreseen by the Convention and that the possibilities for early retirement are not sufficient to permit the majority of seafarers to enjoy their pension rights under the Convention. It therefore asks the Government to consider the possibility of introducing flexible retirement for seafarers or taking other appropriate measures for maintaining the overall level of pension guarantees prescribed by the Convention.

Level of pensions. The Committee notes that seafarers whose insurance period began on or after 1 January 1996 are covered by the notional defined contributions system; those with less than 18 years of contributions as of 31 December 1995 are covered by a mixed system composed of social insurance and notional defined contribution; whereas those with at least 18 years of contributions as of 31 December 1995 are covered exclusively by the social insurance system. Noting that Article 3(1)(a)(ii) of the Convention requires that, when retirement age is set at 60 years, a minimum of 2 per cent annual accrual rate for each year of sea service for the purpose of computing old-age pensions, the Committee asks the Government to indicate in its next report how this minimum is achieved under each one of the three cases mentioned above.

Article 4(1). Maintenance of rights in course of acquisition. Referring to the issues raised in the Committee’s previous comment with respect to the maintenance of rights in the course of acquisition, the Government states that, pursuant to section 22(11) of the Consolidated Immigration Law (Legislative Decree No. 286 of 28 July 1998), non-EU workers who return to their country of origin retain social security and welfare entitlements, irrespective of the existence of reciprocity agreements – on reaching retirement age these workers are entitled to receive a pension calculated as a percentage of the contributions paid, even if they do not satisfy the minimum contribution requirement of 20 years imposed on workers resident in Italy. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 3. Continuous possession of the seafarer’s identity document. In its previous comments, the Committee noted that national legislation was not in conformity with Article 3, in so far as section 221 of the Regulation implementing the Navigation Code provides for the handing over of the seafarer’s identity document (seafarer’s booklet) to the master at the time of embarkation. The Committee observes that the present Convention does not provide for flexibility nor does it allow for any exception. Noting that no developments appear to have been made on this point, the Committee once again requests the Government to take the necessary measures to bring the national legislation into conformity with this Article of the Convention.

Article 4(2). Content of the seafarer’s identity document. The Government indicates that the seafarer’s booklet does not include the statement that this document is a seafarer’s identity document for the purpose of the Convention, as required by Article 4(2). According to the Government, this is due to the fact that seafarers must also be in possession of a passport. The Committee observes that, even when the seafarer holds a valid passport in addition to the seafarer’s identity document, the latter shall include the statement required by Article 4(2). In fact, while both the seafarer’s identity document provided by the Convention and the passport are identity documents, they have different purposes, the purpose of the first being essentially to allow the seafarer to take temporary shore leave. The Committee once again requests the Government to take measures to ensure that the seafarer’s booklet contains the statement provided by Article 4(2) of the Convention.

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

Article 3(1) of the Convention. Pension schemes for seafarers. The Committee notes from the Government’s report received August 2009 that under the general compulsory insurance scheme, established by Act No. 413/1984, as last amended by Act No. 247/2007, seafarers may receive an old age pension: (i) under the non-contributory and mixed systems, at the age of 65 if they are men and at 60 if they are women and have completed a contribution period of at least 1,040 weeks; (ii) under the contributory system, at 65 for men and at 60 for women with an effective contribution period of at least 5 years, or irrespective of the age with a contribution period equal or superior to 40 years. In addition, the Committee notes that an early retirement is provided only for those who have reached the age of 55 and have a contribution period of 1,040 weeks, including 520 weeks of sea service in the engine room or a radiotelegraphy station. Recalling that Article 3(1) of the Convention provides that pensions provided by the scheme must be payable upon attaining the age of either 55 or 60 years, the Committee requests the Government to provide additional explanations on how the raising of the retirement age to 65, coupled with limited possibilities for early retirement, impacts the application of this Convention. The Committee also requests the Government to specify the current contribution rate, as a percentage of gross earnings, payable by seafarers and shipowners to the pension scheme.

Article 4(1). Maintenance of rights in course of acquisition. The Committee notes that seafarers of foreign nationality are not excluded from the coverage of the compulsory general insurance system managed by the National Social Security Institute (INPS). The Committee requests the Government to provide more detailed information, including any legal texts not previously communicated to the Office, on any arrangements applicable to foreign seafarers, who cease to contribute to the general insurance system but who have not accumulated sufficient pensionable maritime service to receive a pension, seeking to ensure the maintenance of rights in course of acquisition or the payment to such persons of a benefit representing a return for the contributions credited to their account.

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, information concerning the number of seafarers covered by the pension schemes outlined in the Government’s report, data on percentage breakdown of financing of these schemes, copies of official publications such as annual reports of the INPS, extracts from reports of the administrative and judicial services entrusted with the application and enforcement of the relevant laws and regulations, and any difficulties encountered in the practical application of the Convention.