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

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

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The Committee notes the observations of the Norwegian Confederation of Trade Unions (LO) on the application of the Convention, communicated with the Government’s report. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2(2) of the Convention. Exemptions from pension schemes for seafarers. The Committee takes note of the Government’s information that persons employed in hotel and restaurant activity, on board tourist ships registered with the Norwegian International Ship Register (NIS), are entitled to specific compensations under section 5 of Regulation No. 145, of 18 February 2005. The Committee observes that, according with section 5, such compensations include, inter alia, entitlement to old-age pension and disability benefits based on the same legislation as the National Norwegian Insurance Scheme. In this regard, the Committee takes note of the observation provided by the Norwegian Confederation of Trade Unions that compensations under section 5 are not regularly confirmed and monitored by the Norwegian Maritime Authority and that shipowners have reported that, in practice, it is not possible to obtain such guarantees from financial institutions. In this regard, the Committee requests the Government to provide information on how the National Maritime Authority monitors and confirms that compensations are provided to workers employed by ships registered with the Norwegian International Ship Register (NIS) under Section 5 of Act No. 145 of 2005.

Article 3(1). Pension scheme for seafarers. The Committee notes the information provided by the Government as to the several amendments to the Act No. 7 of 3 December 1948, concerning Pension Insurance for Seafarers, by which a new income-based pension for seafarers was introduced in Chapter X, which applies to new members, irrespective of age, and existing members who had not reached 50 years of age by 1 January 2020.

Article 3(1)(a)(i). Minimum retirement age. The Committee notes the information provided by the Government that according to section 35 of Act No. 7, the period of payment under the income-based scheme starts at the age of 62 and the seafarer decides for how many years the pension will be received at the time of the application, which cannot be less than seven years. The Committee wishes to recall that Article 3(1)(a)(i) establishes that pensions shall be payable to seafarers having completed a prescribed period of sea service on attaining the age of 55 or 60. In this context, the Committee requests the Government to explain in a detailed manner how the new income-based scheme gives effect to Article 3 of the Convention in which refers to the minimum age for retirement, indicating whether it is possible for seafarers to retire at the age of 60, respecting the prescribed minimum guaranteed rate of replacement.

Article 3(1)(a)(ii). Level of pension. The Committee notes the information provided by the Government that, according to section 33 of Act No. 7, the annual pension under the new scheme is based on an accumulated pension stock, which amounts to 6.3 per cent of the seafarer’s annual salary, whereas the contribution borne by the seafarers rises to 1.7 per cent. Moreover, according to section 38, if the seafarer has earned the right to pension from both the sea service-based pension and the income-based pension, the sea service-based pension will be converted into the portfolio by the age of sixty-two and paid out in accordance with the rules for the income-related plan. 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 this regard, the Committee requests the Government to provide further information on: (i) the calculation method and the guaranteed replacement rate of pensions paid under the new income-based scheme for members in transition between both schemes; and (ii) the average earnings of the seafarers affiliated to the scheme and the average pension amounts paid to insured persons who have attained the conditions to retire under both schemes.

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

Referring to its previous direct request, the Committee notes the information provided by the Government in its report that no employees on drilling vessels have so far been exempted from the pension insurance scheme and regarding the possibility to obtain the refund of paid contributions in the form of a lump sum after 36 months of insurance.

Articles 1 and 2(2) of the Convention. Exemptions from pension schemes for seafarers. The Committee notes the Government’s report that although 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, the maritime company has the obligation to furnish a guarantee for specific compensations for employees, including hotel and restaurant personnel, who are not covered by the Norwegian or the EEA social security schemes, to all employees working on board ships registered in the NIS or employed in the service of a foreign employer engaged in commercial activities on ships engaged in foreign trade and registered in the Norwegian Ordinary Ship Register (NOR) (Section 4-7 of the Act of 21 June 2013, No. 102). The Government is requested to provide further information on the types of compensations referred to above.

Article 3(1). Pension scheme for seafarers. The Government indicates that, in 2014, the tripartite committee designated to draw a proposal for the permanent solution regarding the pension insurance for seamen, delivered its report and all stakeholders had until June 2015 to provide their comments thereon. The Committee takes due note of the Government’s indication that it will provide with its next report detailed information concerning the outcome of this process.

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

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.