Seafarers' Pensions Convention, 1946 (No. 71) - Netherlands (Ratification: 1957)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 3(1)(a)(i) and (ii) of the Convention. Pension schemes for seafarers under the Future of Pension Act. The Committee takes note of the promulgation in July 2023 of the Future of Pension Act, which substantively modifies the Pension Act and regulations concerning pensions, with a transitional phase until January 2027, during which pension providers will have to implement the new pension schemes. In this context, the Committee requests the Government to provide information on how the modifications brought by the Future of Pension Act will ensure compliance with the provisions of the Convention concerning minimum age for retirement of seafarers and level of pensions.

Article 3(1)(a)(i) and (ii). Minimum retirement age and level of pensions under the current legislation. The Committee takes note that according to section 2.2 of the Merchant Shipping Pension Scheme Rules, the seafarers’ retirement age starts at 67. The Committee observes that section 10.5 allows the seafarer to request early pension starting from the age of 55. The Committee also notes that in its previous reports, the Government indicated that early retirement was possible but followed by the adjustment in the level of pensions paid under the occupational pension scheme. The Committee recalls that Article 3(1)(a)(ii) of the Convention stipulates that the pensions provided shall be at a rate of not less than 1.5 per cent of the remuneration for each year of sea service, if the scheme provides pensions on attaining the age of 55, or 2 per cent of such remuneration for pensions at the age of 60. In view of this, the Committee requests the Government to explain in a detailed manner (i) the conditions under which seafarers are entitled to early retirement; and (ii) the calculation method and the guaranteed replacement rate of pensions paid under the occupational pension scheme for seafarers who wish to retire early, together with any other social security pension payable simultaneously to the seafarer.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on how the Convention is applied in practice, including, statistical information concerning (i) the number of seafarers covered by the occupational pension insurance scheme, (ii) the average age of retirement and pension paid to seafarers under the scheme; and (iii) annual reports of the Merchant Navy Pension Fund.

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

Article 3(1) of the Convention. Pension schemes for seafarers. The Committee notes the comments made by the Netherlands Trade Union Confederation (FNV), received August 2010, according to which the Government’s intention to gradually increase the seafarers’ retirement age from 65 years to 67 years would be inconsistent with the Convention which provides that a seafarer is entitled to a pension on attaining the age of 55 or 60 years. The FNV indicates that in 2006–07, at the sectoral level, employers and workers made new financial arrangements to allow seafarers to retire at the age of 60, but the financing capacity of the sector has now reached its limits. In the view of the FNV and Nautilus International, the Government is not complying with its obligations under the Convention by further increasing the retirement age. The Committee requests the Government to submit any comments it may wish to make in reply to the observations of the FNV. The Committee also requests the Government to provide clarifications on the conditions under which seafarers are entitled to early retirement.

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 scheme, copies of official publications such as annual reports of the Merchant Navy Pension Fund as well as extracts from reports of the services entrusted with the application of the relevant laws and regulations.