Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Slovakia (Ratification: 1993)

The Committee notes that the Government’s report has not been received. It has nonetheless examined available legislation on the application of the Convention and more particularly Act No. 100 of 1988 on social security. So that it may fully assess how the Convention is applied in practice, the Committee trusts that the Government will not fail to provide full information on the following points in its next report.

Article 16 of the Convention (Scope). The Government is asked to indicate whether it plans to avail itself of Article 16(a) or (b). If it opts for Article 16(a), the Committee draws the Government’s attention to the exclusions allowed under Article 37 of the Convention.

The Government is also asked to send all the statistical information required by the report form under Article 16, Part 3A or Bor under Article 37, Part B,of the Convention, according to the provision chosen.

Articles 17 and 18 (in conjunction with Article 26). The Committee requests the Government to provide all the statistics on the rates of old age benefits required by the report form under Article 26, Titles I and III. The Committee stresses the need to have such information available insofar as, in the Slovak system, old age benefits are based on the former earnings of the beneficiary and both the earnings counted in calculating the benefit and the amount of the benefit are subject to a ceiling. In this connection, the Committee draws the Government’s attention to Article 26, paragraph 3, which specifies that in such instances the maximum limit must be fixed in such a way that the provisions on the rate of the benefit are met in the case of a beneficiary whose former earnings are equal to or less than the wage of a skilled manual male employee. In selecting the skilled employee, the Government may wish to refer to Article 26, paragraph 6(d): "a person whose earnings are equal to 125 per cent of the average earning of all the persons protected".

Article 29 (Review of benefits). The Committee notes the information on the review of benefits sent by the Government in its report on Convention 102. It hopes that the next report will contain all the statistical information required by the report form under Article 29, Parts 2 and 3. Please also provide the text of Act No. 46 of 1991, as amended.

Article 30. Please indicate how the maintenance of rights in course of acquisition in respect of old age benefit is ensured.

Article 33. (Suspension of benefits in the event of simultaneous eligibility). Please provide information on the practical effect given to section 56(a) of Act No. 100 of 1988 with a view to clarifying its scope (such as the number of cases, circumstances in which use has been made of section 56(a), etc.).

Article 34 (Right of appeal). Please provide detailed information on the appeal procedure available to the beneficiaries of old age benefit, due account being taken of paragraph 2 of this provision under which the claimant may be represented or assisted by a qualified person of his choice or by a delegate of an organization representative of the persons protected.

Since some information, particularly statistics of the rate of old age benefit can be fairly complex, the Committee would remind the Government that it may call on the Office for technical assistance.