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

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

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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.