Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Finland (Ratification: 1976)

Part II (Invalidity Benefit), Article 12 of the Convention, in conjunction with Article 32(e). In reply to the Committee’s previous comments, the Government indicates that no motion has been made to remove the provisions contained in the employment pensions Acts for the public sector (VEL, KVTEL) and the Employees’ Pension Act (TEL) according to which disability pension may be suspended or reduced if the beneficiary has caused his invalidity through gross negligence.

The Committee notes this information. It recalls that a similar provision in the National Pensions Act (KEL) has been repealed already in 1983. Taking into account that the said provision of the employment pensions Acts are only very rarely used, the Committee hopes that the Government would not have any difficulty in repealing it when the legislation is next revised, so as to give full effect to Article 32(e) of the Convention which allows for suspension of benefit only where the contingency has been wilfully caused by the serious misconduct of the person concerned.