Solicitud directa (CEACR) - Adopción: 1989, Publicación: 76ª reunión CIT (1989)

Convenio sobre las pensiones de la gente de mar, 1946 (núm. 71) - Grecia (Ratificación : 1986)

The Committee takes note of the first report of the Government on the application of the Convention. It would be grateful if in its next report the Government would provide further information on the following points:

Article 3, paragraph 1(a)(ii), of the Convention. Please describe in detail the rules for the calculation of the pensions payable respectively under the seafarers' scheme and any social security scheme where the second such pension is payable simultaneously with the first.

Article 3, paragraph 2. Please indicate what percentage of the cost of pensions covered by the Convention is paid by seafarers' contributions.

Article 4, paragraph 2. The Committee notes from the Government's report that in case of litigation between a seafarer and the Seamen's Pension Fund the seafarer can have recourse to the Administrative Courts of First Instance, Administrative Courts of Appeal and the Council of State. It also notes that under section 3, paragraph 8, of Law No. 1711/1987, to which the Government refers in its report, a period of two months from the publication of the above-mentioned Law is granted to insured persons for recourse to the Administrative Court. The Committee therefore asks the Government to indicate what provision in the national legislation grants a right of appeal in any dispute arising under the scheme, after the above-mentioned period of two months has come to an end.

Article 4, paragraph 3. The Committee notes that section 25 of Law No. 792/1978 provides for forfeiture of the right to a pension, in particular, in the following cases: (a) if a seafarer has been convicted of collaboration with the enemy by final court decision, and (b) if he has lost Greek nationality. As Article 4, paragraph 3, of the Convention allows for such forfeiture or suspension in whole or in part only where the person concerned has acted fraudulently, the Committee hopes that the Government will take appropriate measures in order to bring the national legislation into line with the Convention in this respect.