HELLENIC REPUBLIC

MINISTRY OF LABOUR,

SOCIAL SECURITY AND SOCIAL SOLIDARITY

GENERAL SECRETARIAT

FOR SOCIAL SECURITY

DIRECTORATE OF INTERSTATE SOCIAL SECURITY

DIVISION FOR BILATERAL CONVENTIONS AND RELATIONS WITH INTERNATIONAL ORGANISATIONS

IN THE FIELD OF SOCIAL SECURITY 

Athens,    01. 08. 2016

Ref. No:

F. 65130/33156/1729

Address : 29,  Stadiou str.

Postcode: 101 10 Athens

Info: Karolina Kirincic Andritsou

Phone     : 0030 210 3368168

                   0030 213 151 6727

e-mail: [email protected]

TO:

COUNCIL OF EUROPE

DG I – Human Rights and Rule of Law

e-mail: [email protected]

CC: Permanent Representative of Greece

e-mail: [email protected]

Ministry of foreign affairs (D03)

e-mail: [email protected]

Subject:  Application of the European Code of Social Security by Greece

                  34rd annual report (Period from 1 July 2015 to 30 June 2016)

Dear Sirs,

Please find enclosed the 34rd detailed report of Greece on the application of the European Code of Social Security (article 74 of the Code) and the Greek statement concerning the ILO conclusions and the Draft Resolution, as presented on 9th of May in Strasbourg during the 133st meeting of the Governmental Committee of the European Social Charter and European Code of Social Security.

We are at your disposal for any further cooperation.

                                    Kind regards,

                                    Nikolaos Fragkos

                                    Secretary General of   

                                    Social Security

Enclosed:     Ι) Detailed National Report on the Application of the accepted parts of the ECSS followed by

            the Greek Statement (F. 65130/19103/1023/6.5.2016)

                         ΙΙ) Study of the National Actuarial Authority


34th (THIRTY FOURTH) ANNUAL REPORT

ON THE APPLICATION OF THE

EUROPEAN CODE OF SOCIAL SECURITY

DETAILED  REPORT

FOR THE PERIOD FROM 1 JULY 2015 TO 30 JUNE 2016

(ARTICLE  74)

GREECE HAS ACCEPTED

PARTS I, II, III, V, VI, VIII, IX, X, XI, XII, XIII and XIV OF THE CODE

            Part I:           General Provisions

Part II:         Medical Care

Part III:       Sickness Benefit

Part V:         Old-age Benefit

Part VI:        Employment Injury Benefit

Part VIII:    Maternity Benefit

Part IX:        Invalidity Benefit

Part X:         Survivors’ Benefit

Part XI:        Standards to be complied with by Periodical Payments


Part XII:      Common Provisions

Part XIII:    Miscellaneous Provisions

Part XIV:     Final Provisions


Report

by the Greek Government, in accordance with Article 74 of the European Code of Social Security for the period from 1st July 2015 to 30 June 2016, on the measures taken to give effect to the provisions of the ECSS, ratified  by law 1136/13-3-1981.

I.                  

During the period under examination the following laws relating to the application of the Code were in force:

Part of the Code

Laws

Part I – General Provisions

Article 41 of the Law 1846 / 1951, Article 42 of the Law 2084 / 1992.

Part II – Medical Care

Article 33 of the Law 4368/2016 (Gazette 21/Α΄),

Joint ministerial decision Α3(c)/GP/oik. 25132/04-04-2016 (Gazette 908/Β΄),

Article 31 of the Law 1846/1951, article 148 of the Law 3655/2008, article 48 of the Law 3996/2011, article 61 of the Law 4369/2016.

Part III – Sickness Benefit

Articles 35 and 37 of the Law 1846/1951, article 36 of the Law 3996/2011.

Part V – Old-Age Benefit

Articles 1,2,28,29, 34  and 37 of the Law 1846/1951,

article 22-51 of the Law 2084/1992,

article 145 of the Law 3655/2008, 

article 16 of the Law 3863/2010, 

par. Ε of the article 2 of the Law 4336/2015 and

Ministerial Decision F.11321/oik. 47523/1570/23-10-2015 (Gazette Β,2311).

Part VI – Employment Injury Benefit

Article 26 of the Law 2084/1992,  Sickness Regulation ΙΚΑ-ΕΤΑΜ ΑΥΕ 25078/28-5-38 (Gazette 112, t. Β),

Articles 34 and 37 of the Law 1846/1951, Law 2084/1992, Law 3655/2008, Law 3863/2010, Law 4336/2015 and Ministerial Decision F. 11321/oik. 47523/1570/23-10-2015 (Gazette Β,2311)

Part VIII – Maternity Benefit

Articles 39 and 37 of the Law 1846/1951, article 9 of the Law 2224/1994, article 11 of the Law 2874/2000, article 3 of the Presidential Decree 776/1977 and article 1 of the Presidential Decree 221/1997, article 142 of the Law 3865/2008 and article 36 of the Law 3996/2011.

Part IX – Invalidity Benefit

Articles 1,2,28,29,37 of the Law 1846/1951,

Articles 25 and 28 of the Law 2084/1992, Law 3655/2008, Law 3863/2010, Law 4336/2015 and Ministerial Decision Φ.11321/oik. 47523/1570/23-10-2015 (Gazette Β,2311).

Part X – Survivors’ Benefit

Articles 28 and 29 of the Law 1846/1951,

Articles 25, 27 and 31 of the Law 2084/1992,

Articles 12 and 13 of the Law 3863/2010,

Law 3655/2008, Law 3863/2010, Law 4336/2015 and Ministerial Decision F.11321/oik. 47523/1570/23-10-2015 (Gazette Β,2311)

It should be also noted that the Social security is guaranteed by Greek Constitution (article 22, par. 5). The system of social security functions through self-governed Organizations and covers all the employees throughout the country. The insurance of the employee in the Organization that covers the kind of work is obligatory.

II.

Law 1136 of 13 / 13.03.81 on the ratification of the European Code of Social Security (Gazette A` 61), in its First article states that

The ECSS is ratified and in force as signed on 16 April 1964 in Strasbourg, under the auspices of the Council of Europe as Convention " European Code of Social Security", only for Parts I, II, III, V, VI, VIII, IX, X, XI, XII, XIII, XIV, with the Annex, the text of which follows translated into Greek language from the French original.

The further information on the manner in which our country has implemented the provisions of the Code, requested by the Committee of Ministers, is provided in the attachment to the report.

PART I

Article 6

Old Insured (Article 41 of the Law 1846 / 1951 as amended, insured for the first time before the 31/12/1992)

The insured with IKA-ETAM are entitled to voluntarily continue their insurance in one or more branches of the institution if:

a. Immediately before his/her last working day as an insured with IKA-ETAM, the insured has completed at least five hundred (500) insurance days with IKA-ETAM and he/she has submitted a written request to remain voluntarily insured, within twelve (12) months from the last day of insurance with the mentioned Fund.

b. The insured has completed three thousand (3,000) working days insured with IKA-ETAM, at any time, regardless of the date of the written request to remain voluntarily insured with the Fund.

c. The insured is not disabled within the meaning of the point b par. 5 of the article 28 of the Law 1846/1951 (ie. with a invalidity of 67% or more), at the time of the submission of the request.

Any person insured under optional scheme is responsible for both the employer‘s and the employee’s contribution (contributions in total).

New Insured (Article 42 of the Law 2084/1992, insured for the first time after 1/1/1993)

The insured with IKA-ETAM are entitled to voluntarily continue their insurance in one or more branches of the institution if:

a. He/she has realized 1500 days of insurance, out of which, the 300 days within the last five years before the submission of the request.

b. He/she is not insured with other main insurance fund.

c. The insured is not disabled within the meaning of point b par. 5 of the article 28 of the Law 1846/1951 (ie. with a invalidity of 67% or more), at the time of the submission of the request.

Any person insured under optional scheme is responsible for both the employer‘s and the employee’s contribution (contributions in total).

PART   II    –    MEDICAL   CARE

The article 33 of the Law 4368/2016 (Government Gazette 21/A), establishes the right to free access to all public health facilities providing nursing and medical care to uninsured and vulnerable social groups.

By the Joint Ministerial Decision A3 (c)/GP/oik. 25132/04-04-2016 (GG 908/B), the criteria and procedures for access of uninsured and financially weak citizens to public health and nursing care system of the country are established for both Greeks and foreigners.

Specifically, those benefits cover all uninsured persons (not directly or not indirectly insured), with any insurance fund, those who have lost their insurance coverage and are not entitled to health benefits due to debts to the pension funds and all vulnerable social groups that are included in the relevant provisions of the mentioned law.

Regarding their medication, it is provided by the private pharmacies which have contracts with the E.O.P.Y.Y. The pharmaceuticals of high cost are supplied only by hospital and E.O.P.Y.Y. pharmacies.

Article 9

A.  Use of sub-paragraph (a).

B. According to the par. 10 art. 48 of the Law 3996/2011, the family members of the insured or retired persons of IKA-ETAM are:

a) A wife or a husband.

b) Unmarried children (legitimate or children who have been legalized, recognized or adopted or stepchildren) and (biological) children of the insured or the pensioner due to disability or old age until they reach 18 years of age, if unemployed until they are 24 years old, if they continue their studies for two (2) years after the end of their studies if they are still unemployed, but not beyond 26 years of age.

c) The mother and the father and adoptive parents under same conditions as biological parents.

d) Orphan (who have lost both parents) grandchildren and siblings, as well as maternal orphan or paternal orphan siblings or grandchildren if the surviving parent is considered a family member of the insured, until they reach 18 years of age and if they are unmarried.

The children with special needs (disability of 67% or above) are protected for life.

Additionally, in accordance with provisions of Articles 12 and 13 of the Law 4356/2015 (A181), concerning persons who have entered into a civil partnership, a family member of the insured person or pensioner it the other spouse.

The above apply mutatis mutandis to all funds, no matter if they insure the employed workers, freelancers or farmers.

C.  Statistical data (Article 74)

 Number of the protected persons (Employees and Pensioners)

Year

2011

2012

2013

2014

2015

2016

The number of the directly insured

2,987,140

-

-

-

-

-

The number of the indirectly insured

2,225,354

-

-

-

-

-

Total

5,212,494

4,941,350

4,953,352

5,377,248

-

-

Note:

Since 2012 the competent authority for the data is EOPYY.

Article 10

With the F. 90380/25916/3294/31-10-2011 (Gazette B, 1652) Joint Ministerial decision, as amended by F. 90380/5383/738/10-4-12 (B, 1233) Joint Ministerial Decision, a single (unified) Health Benefits Regulation of the National Organization for the Provision of Health Services (E.O.P.Y.Y.) was adopted and started operating on 1st of January 2012.

This Regulation defines the health benefits in kind, the range, the level of the amount, the method and procedure for granting them, identifies the beneficiaries of these benefits and the manner of compensation of the relevant expenditure.

The health benefits are considered to be:

• Prevention and promotion of health

• Primary health care-health care-medical diagnostics

• Examinations in laboratories that don’t belong to a clinic

• Physical therapy – occupational therapy – logotherapy − psychotherapy

• Pharmaceutical care

• Dental care and stomatology

• Special treatment

• Other care or treatment

• Hospital care

• Right to an exclusive nurse

• Costs of transport for patients

• Obstetrical care – childbirth

• Hospitalization abroad

• Rehabilitation - recovery

• Provision of therapeutic means and supplies needed for additional care

• Allowances for thalassotherapy and aerotherapy

Pharmaceutical care

a. the public sector, the social security funds, each institution and branch for the beneficiaries’ care, approve and pay for medical prescriptions only if the medications are on the list of the approved (drawn up and recommended by the National Organization for Medicines (EOF) and approved by the joint decision of the Minister of Health and Social Solidarity and the Minister of Labour and Social Security), and prescribed by the medical doctor in accordance with the indications described for the particular medicinal product (article 12 par. 1(a) of the law 3816/2010 (A, 6)).

b. external patients who are insured with funds for public employees or the rest of the social insurance funds may be supplied from pharmacies of the State hospitals or private pharmacies, without participation in the cost of medicinal products for treatment of serious illnesses, which are authorized for hospital use only or in case of permission to start using that particular medication while hospitalized and being monitored by a specialist (article 12 par 2 (a) of the law 3816/2010 (A, 6)).

The list of medication needed for the treatment of serious illnesses and their supply from the hospital pharmacies, EOPYY pharmacies and private pharmacies is approved by the Joint Ministerial Decision of the Minister of Health and Social Solidarity and Minister of Labour and Social Security, upon the suggestion made by the National Organization for Medicines. 

c. In accordance with the article 38 of the law 4025/2011, the percentage of participation in the expenses of non-hospital care, for the beneficiaries of the social security funds is established at 25% of the priced value of the medication. With a joint ministerial decision, a reduced percentage of 10% is established, as well as exemption from participation of the insured for medication needed for the treatment of chronic or serious diseases, as indicated in the summary of characteristics of the medication.

In particular, based on F. 42000/oik. 2555/353/28-2-2012 (B, 497) Joint Ministerial decision, a list of illnesses is established, for which the medication is granted with reduced 10% or no participation of the insured person. Together with the mentioned list, another catalogue (of generic drugs eligible for reimbursement by the social security funds) was drafted by the National Organization for Medicines, containing the list of active ingredients (substances) and existing medication corresponding to those ingredients, which are needed for the treatment of the illness on the basis of approved indications.

a.

The Law 4238/2014 "First National Health Network (P.E.D.Y.), change of purpose of E.O.P.Y.Y. and other provisions "(Government Gazette 38 A).

Specifically Article 1 provides that:"1. The State shall ensure and guarantee the provision of health services through the primary health care to all citizens, as necessary and sufficient to ensure their health and promote social welfare ... 3. Services of the Primary Health Care are equally available to every citizen, regardless of economic, social, professional, insurance status and place of residence, through a universal, open and decentralized National Primary Health Network (P.E.D.Y.), organized and operating in accordance with the provisions of this law 4. The Primary Health Care: a) Is the gateway of citizens in the health system, b) Provides the citizens with integrated primary care, prevention, diagnosis, treatment, care and promotion of health, c) Ensures and coordinates continuity of care by directing citizens to the other levels of the health system, d) Respects the autonomy and dignity in the context of bioethical norms and medical ethics."

b.

Within the scope of that law, clarifications were issued by the Ministry of Health, according to which "In the above health facilities, health services are being provided equally to all citizens, regardless of their insurance capacity, including the uninsured citizens."

c.

According to the above mentioned law (article 8 of the Law 4238/2014 and article 182 of Law 4270/2014), the purpose of E.O.P.Y.Y. is:

a) The purchase of health services for insured persons, pensioners, and dependent members of their families, the transferred entities, as set out in the Single Health Benefit Regulations of the Organisation.

b) The establishment of rules of programming, quality, development, evaluation, safety and efficiency of health services market, management and control of funding and the rational utilization of available resources.

c) The determination of the criteria and contract terms for the purchase of health services with public and private institutions and practitioners, as well as the revision and amendment of these terms, if required.

d) To reach agreements with providers concerning their remuneration, the contract terms of the Organisation, the price of medical material and medicine.

e) The provision of pharmaceutical care to insured persons who have lost their insurance capacity and are not entitled to pharmaceutical care services from any Social Security Fund.

By joint decision of the Ministers of Finance and Health the details of the terms and conditions were established.

Article 11

According to the par. 1 of article 148 of Law 3655/2008 (A58), the insured of IKA-ETAM and their family members are covered by the Fund for sickness benefits in kind from the 1st of March of each year and for the duration of twelve months if the insured has completed at least one hundred (100) insurance days, either in the previous calendar year, either during last 15 months, without counting the days of the last calendar quarter of the 15 months period.

Exceptionally, for the period from 01/03/2016 to 28/02/2017, according to the par. 1 of article 61 of the Law 4369/2016 (A33), the insured with IKA-ETAM and their family members are covered by the Fund for sickness benefits in kind if they have conducted 50 days of insurance during the previous calendar year, or during last 15 months, not counting the days during the last calendar quarter of the period of 15 months.

Article 12

The daily hospital charges were established by the Joint Ministerial Decision Y4a /oik.1320/1998 (Government Gazette 99/B).

The closed Greek medical expenses (K.E.N.) were set by the Joint Ministerial Decision Y4a/oik.18051/2012 (Government Gazette 946/B).

                                 

Daily hospital fees and closed hospital fees include any medical and nursing assistance to the patient provided by the hospital and the relevant expenditure incurred for the provision of the above services.

The K.E.N. , according to the above decision are encoded by disease category, with the respective cost per K.E.N. and Average Length of hospitalization per K.E.N.

According to par. 3 of article 31 of Law 1846/1951 (A179) for the insured with IKA-E.T.A.M and their family members, the medical care (sickness benefits in kind) is provided for entire duration of the sickness, even if in the meantime the insured person ceased to fulfill the conditions for the insurance coverage for medical care (continuing treatment).

However, the coverage for medical care benefits for any new disease is provided only as long as the conditions set out in Article 11 are met.

PART   III   –   SICKNESS   BENEFIT

Article 15

A.  Use of sub-paragraph (a) is made.

BAccording to Article 35 of Law 1846/1951 (A179), only those directly insured with IKA-E.T.A.M are entitled to sickness benefit.

C.   Statistical data (Article 74)

Sickness Benefit

Year

2011

2012

2013

2014

2015

2016

Number of insured persons who made use of the right to the sickness benefit

231,525

223,828

188,836

143,398

176,449

190,000

Days of sickness benefit

4,401,518

3,514,661

3,025,740

2,742,224

3,067,910

3,200,000

Notes: 1. The number of the insured is estimated on the basis of the number of decisions for the sickness benefit.

2. The data for 2016 is estimated.

Article 16    

In order to grant the sickness benefit, the presumed wage of the insurance class is taken into account. The presumed wage is determined based on the average salary of last thirty (30) working days of the calendar year, preceding the notification of the incapacity to work.

If the reason for inability to work is an accident or disease, and there are no wages mentioned above, the presumed wage of the insurance class of the insured is taken into account. In the first case it is based on the wage on the day of the accident, while in the second case it is based on the wage on the last day of work.

The amount of sickness benefit (of directly insured, both men and women) equals to 50% of the presumed wage of the insurance class of the insured, which is determined based on the average salary of last thirty (30) working days of the calendar year previous to notification of the incapacity to work.

The amount of sickness benefit is increased by 10% for each family member protected and cannot be higher than the presumed wage of 8th insurance class, or 70% of the wage of the insurance class based on which the allowance is calculated.

Every year, for the first fifteen (15) days of absence from work due to an illness, the benefit is equal to 50% of the daily sickness allowance, increased by 10% for each protected family member. In any case, it cannot exceed the presumed wage of the 3rd insurance class, or 35% of the wage of the insurance class under which the allowance is calculated.

The ceiling of the daily sickness allowance is increased according to family responsibilities, for the first 15 days it is 15.99 € and after the first 15 days it is 29.39 €.

Article 17

According to the article 35 of the Law 1846/1951 (A179) and the par. 4 of the article 36 of the Law 3996/2011 (Gazette A170), the insured with the IKA-ETAM are entitled to sickness benefit if they have completed at least one hundred twenty (120) days of insurance, either during the calendar year previous to the sickness notification or during the period of 15 months preceding the sickness notification, not including, in the latter case, the days of insurance completed during the last calendar quarter of the 15 months period.

Article 18

The sickness benefit is payable if the absence from work due to illness lasts more than three (3) days.

For the first three (3) days of incapacity to work, the employer is required to pay half wage or the half of the appropriate salary.

The sickness benefit is paid:

a. up to 182 days for the same or different health conditions within the same calendar year, if the insured beneficiary completed at least one hundred twenty (120) insurance days, during the calendar year immediately preceding the sickness notification, or the last 15 months previous to the sickness notification. In the latter case, into one hundred and twenty (120) working days, the working days carried out during the last calendar quarter of 15 months period are not included.

b. up to three hundred and sixty (360) days, if the insured beneficiary realized at least three hundred (300) days of work during the two calendar years immediately preceding the sickness notification, or within 30 months previous to the notification.

In the latter case, the insurance days completed during the last calendar quarter of the period of 30 months are not counted into 300 days of work.

c. up to seven hundred and twenty (720) days, provided that:

1. the insured beneficiary completed 4500 days of work before the sickness notification. The 300 days of work (out of 4500) should be completed within the 5 years immediately preceding the sickness notification.

2. the insured person, who does not fulfill the conditions of the previous section, is entitled to sickness benefit if he/she completed one thousand and five hundred (1,500) working days, out of which, the six hundred (600) were completed during the last five (5) years immediately preceding the sickness notification.

3. if the insured does not satisfy any of the above conditions, he/she is entitled to the sickness benefit, if he/she meets the conditions presented as follows:

  

            Age          Days of Work                                            Age        Days of Work

Until   21 years 300 days                                                    38 years 2340 days

22 years 420 days                                                    39 years 2460 days

23 years 540 days                                                    40 years 2580 days

24 years 660 days                                                    41 years 2700 days

25 years 780 days                                                    42 years 2820 days

26 years 900 days                                                    43 years 2940 days

27 years 1020 days                                                  44 years 3060 days

28 years 1140 days                                                  45 years 3180 days

29 years 1260 days                                                  46 years 3300 days

30 years 1380 days                                                  47 years 3420 days

31 years 1500 days                                                  48 years 3540 days

32 years 1620 days                                                  49 years 3660 days

33 years 1740 days                                                  50 years 3780 days

34 years 1860 days                                                  51 years 3900 days

35 years 1980 days                                                  52 years 4020 days

36 years 2100 days                                                  53 years 4140 days

37 years 2220 days                                                  54 years 4200 days

According to the par. 4 of article 38 of the Law 1846/1951 (A179), the IKA-E.T.A.M has right to suspend the payment of the sickness benefit, if the beneficiary is responsible for worsening of his/her health condition due to a conduct that does not correspond to the obligations or the behavior expected of patients, or for not complying with the medical instructions indicated and intended to improve his health condition.


PART  V     -       OLD   AGE    BENEFIT

Article 26

The pensionable age, for both old and new insured, is 62 years with 40 years or 12,000 days of insurance and 67 years with 4500 days or 15 years of insurance. The pensionable age for reduced old-age pension is 62 years with 4500 days or 15 years of insurance.

The paragraph 3 of this Article is used.

An old age pensioner, employed in any gainful activity, is subject to the following limitations:

a) If he/she has not completed 55 years of age, the payment of the pension or pensions, both main and supplementary, is suspended.

b) After completion of the 55 years of age, the gross amount of main pension or the sum of gross main pensions that exceed the amount corresponding to 30 wages of an unskilled worker (the amount in force since the 31th of December of 2011 is 33.57 euros) is reduced by seventy percent (70%).

Therefore, the portion of the monthly gross main pension which exceeds 1.007,10€  is reduced by 70%.

In case the beneficiary is granted the lowest amount of the main pension, the pension amount is limited to the basic amount (so called organic amount that corresponds to the contributions paid) as long as the beneficiary is engaged in gainful activity. In case the amount of basic/organic pension exceeds the defined income limit, the pension is reduced accordingly.

Article 27

A.   Use of sub-paragraph (a).

B. The persons protected: employees in the private sector, government’s agencies and banks. Also, the employees recruited by the State starting with 1/1/2011, regular public servants, soldiers and officials of local administrative bodies.

C.
Statistical data - Old age pension (Article 74)

Year

2011

2012

2013

2014

2015

2016

Number of pensions

774,629

800,194

800,354

806,496

811,185

816,863

Note: The data for 2016 is estimated.

Article 28

A)   The method of calculation of old age benefit:

-         Old insured (Insured for the first time before the 31/12/1992)

The pension amount granted consists of the basic amount, which is determined by a specific percentage of 25 times presumed wage of the determined class of the insured. The class is determined based on earnings received by the insured during the five (5) best years out of 10 years preceding the submission of the pension application and increments depending on the days of insurance realized during the same period. These benefits are indexed at the rate of increase of pensions at the same time.

-         New insured (Insured for the first time after 1/1/1993)

The pension amount granted consists of 2% for each year of insurance and it is calculated on the salaries received by the insured during the last five (5) years before the application for pension. These benefits are taken into account indexed, according to the rate of increase of pensions for the same period. The maximum monthly pension cannot exceed four times the average monthly per capita GDP in 1991, adjusted by the current rate of increase of civil servants' pensions. This amount is currently at 2773.40 euro (693.35x4 = EUR 2,773.4).

B)    Pensionable earnings:

-           Old insured (insured for the first time before the 31/12/1992)

Presumed wage insurance class to which the insured is classified based on the salary received during the five (5) best years during the 10 years preceding the submission of the pension claim. These benefits are indexed at the rate of increase of pensions during the same period.

-         Young insured (insured for the first time after 1/1/1993)

The average of the last 5 years’ salary is calculated.

The recourse is had to the provisions of article 65.6.a.

Skilled manual male employee: According to the article 65.6.a., a fitter or turner in the manufacture of machinery other than electrical machinery, with the same family responsibilities as the standard beneficiary (married, in most cases with two children)

Standard wage:

1,432.80

In line with the art. 65, par. 9, the standard wage is  calculated under the applicable collective agreement for Labor with Metal (until 15.08.2016) and is the average of wages for all the classes up to 30 years of work and refers to 25 days of insurance per month.

Basic period:

1 month

Currency:

A: Old Insured

a) Old-age pensions:

i) Standard Beneficiary: male Fitter (or Turner) with wife and 30 years of insurance

Percentage of Reference Salary: 40%

Pensionable Salary: 1537.56 €

Monthly Salary Reference: 1432.80 €

Final Amount of Pension (after the pension cuts)

Main pension: 882.24 €

Supplementary Pension: 215.97 €

Total:  1098.21 €

Pension rate to the reference salary: 76.65%

ii) Standard Beneficiary: male Fitter (or Turner) with wife and 15 years of insurance

Percentage of Reference Salary: 40%

Pensionable salary: 1432.80 €

Monthly Salary Reference: 1432.80 €

Final Amount of Pension (after the pension cuts)

Main pension: 556.37 €

Supplementary Pension: 189.60 €

Total: 745.97 €

Pension rate to the reference salary: 52.06%

B: New Insured

a) Old-age pensions:

i) Standard Beneficiary: male Fitter (or Turner) with wife and 30 years of insurance

No such recipient. The young person reaches 30 years of insurance in 2023

ii) Standard Beneficiary: male Fitter (or Turner) with wife and 15 years of insurance

Percentage of Reference Salary: 40%

Pensionable salary: 1432.80 €

Monthly Salary Reference: 1432.80 €

Final Amount of Pension (after the pension cuts)

Main pension: 495.74 €

Supplementary Pension: 116.42 €

Total: 612.16 €

Pension rate to the reference salary: 42.72%

Article 29

The minimum insurance period required for the retirement pension is 15 years or 4500 days of insurance (E3 subparagraph of paragraph E of Article 2 of Law. 4336/2015 (Government Gazette A 94) and Ministerial Decision F.11321 / oik.47523 / 1570 / 23.10.2015 (Government Gazette B 2311)).

Reduced pension

Old insured (Insured before 31/12/1992):

The insured person who completed the 62 years of age and 4500 days of work, of which at least one hundred in each of the five calendar years immediately preceding the year in which he/she submitted the retirement application, is entitled to a pension reduced by 1/200 of full monthly pension for each month missing until the age limit is reached, as referred to in Article 26.

New Insured (Insured after 1/1/1993):

Insured persons, at least 62 years old, who completed 4500 days of insurance, out of which 750 days or 2.5 years were completed during the five years before the submission of the pension application, are entitled to a retirement pension reduced by 1/200 of the full monthly pension for each month missing until they reach the age of 67. The maximum reduction is for 60 months.

Note

For those who were entitled to a reduced old-age pension from 19.08.2015 and afterwards, there is a new, additional 10% reduction of pension. The reduction is calculated on the amount of pension obtained after the reduction under Article 145 par. 3 of the Law 3655/2008. The 10% reduction is imposed until the completion the new retirement age for the full pension. After the completion of the new full pension retirement age, only the reduction under article 145 par. 3 of the Law 3655/2008 is maintained.

Article 30

The old age pension is suspended in the case of a pensioner who is under 55 years of age, who takes job or becomes employed.


PART   VI – EMPLOYMENT INJURY   BENEFIT

Article 32

In order to receive an invalidity pension, the insured should have obtained a certification of at least 50% rate of disability, issued by the committee responsible for certification of disability.

Article 33

A.     Categories of protected persons: all employees insured with IKA-E.T.A.M, if they completed at least one day of insurance. Occupational disease is treated the same as an accident, in terms of the consequences and reimbursement for the health care.

According to the articles 28 and 29 of the Law 1846/1951 (Gazette A 179), as amended and currently in force, in case of death of the insured or pensioner of IKA-ETAM, members of his family are entitled to a survivor’s pension under certain conditions. Those family members are: the surviving spouse, the children, the grandchildren, the children of the spouse orphaned by parents if they were the deceased dependants, and finally the parents (natural or adoptive), if they mainly depended on the deceased. In particular, the children entitled to the survivor’s pension, are the legitimate, legitimated or recognized children of the deceased insured or pensioner until they reach 18 years of age, if they are unmarried and they do not receive another pension. This right is extended until the completion of the 24th year of age if the children study, do not work, do not exercise a profession and do not receive a pension from their own work. These age limits do not apply to children incapable of any gainful activity if their incapacity occurred before reaching 18 years of age and especially for children suffering from neuropsychiatric diseases before reaching the 25th year of age. The children with the incapacity of any gainful work receive a survivor’s pension for the duration of the incapacity, as assessed by the committee responsible for the certification of the disability.

B.

Pension due to the accident at work or an occupational disease

Year

2011

2012

2013

2014

2015

2016

The number of pensions due to the accident at work or occupational disease

4,864

4,519

4,308

4,179

4,130

4,100

Note: The data for the 2016 is estimated.

Article 34

In case of an accident, the insured is entitled to medical care as referred to in the Single Health Benefit Regulation (E.K.P.Y.) of E.O.P.Y.Y (no. EMP 5/17.11.2012 Joint Ministerial Decision (Gazette B 3054).

The insured hospitalized after an employment injury or occupational disease does not participate in the cost and receive the medical care as reported under article 10.

Article 35

For individuals who cannot be enrolled in programs addressed to general population, there are special schools for disabled people, with programs adapted to the needs of labour market, as well as to the special features and capabilities of the educated or trained persons.

Article 36

A.   Recourse is had to the provisions of article 65 for the calculation of the benefit.

B.

Accident at work – Monthly pension:

Old insured:

Skilled manual male employee: Fitter or Turner, married with two children, one day of insurance

Percentage of Reference Salary:

50%

Pensionable salary:

1,210.20

Monthly salary reference:

1,432.80

Final amount of pension

(after the pension cuts)

Full pension

Partial reduction 25%

Partial reduction 50%

Main pension

571.99

450.44

328.73

Supplementary pension

142.74

107.23

71.49

Total:

714.73

557.67

400.22

Pension rate to the last salary:

49.88%

38.92%

27.93%

            New insured:

Skilled manual male employee: Fitter or Turner, married with two children, one day of insurance

Percentage of Reference Salary:

50%

Pensionable salary:

1,210.20

Monthly reference salary:

1,432.80

Final amount of pension

(after the pension cuts)

Full pension

Partial reduction 25%

Partial reduction 50%

Main pension

550.27

426.34

302.40

Supplementary pension

131.12

98.34

65.56

Total:

681.39

524.68

367.96

Pension rate to the reference salary salary:

47.56%

36.62%

25.68%

C.For the partial loss of earning capacity see the reply under the article 54 of the Code.

Article 37

A.     In case of illness due to accident, all employees who have a single day in the insurance IKA-E.T.A.M entitled to medical care as referred to in the Single Health Benefit Regulation (E.K.P.Y.) of E.O.P.Y.Y (no. EMP 5/17.11.2012 Joint Ministerial Decision (Gazette B 3054).

All employees who are employed throughout the country are entitled to the benefits of the article 34 (medical care), at the time when an accident at work or an occupational disease occurred. For the benefit of the article 36 (pension), in case of an accident, it is required to have realized at least one day of insurance, while in the case of an occupational disease, the minimum insurance period with IKA-ETAM is required, as defined in the Sickness Regulation of IKA-ETAM, depending on the type of occupational disease.

B.     In case of death of the employee due to occupational accident or disease, the dependent members of his family (widow and children) receive a survivor’s pension without the residence requirement.

In case of death of the insured due to an accident (employment injury), the widow is entitled to a survivor’s pension, provided the deceased has been insured with IKA-ETAM at least one day.

If the insured’s death  is owed to occupational disease, the family members are entitled to a survivor’s pension, provided that the deceased was insured with IKA-ETAM for the minimum period of time specified in the Sickness Regulation of the IKA-ETAM, depending on the type of the occupational disease.

Article 38

1. In case of sickness due to an accident, all employees who have at least one day of insurance with IKA-E.T.A.M are entitled to the medical care as described in the Single Health Benefit Regulation (E.K.P.Y.) of E.O.P.Y.Y (no. MEP 5 / 17.11.2012 Joint Ministerial Decision (Gazette B 3054), for the duration of the disease, even though in the meanwhile the insured person ceased to satisfy the insurance conditions for medical care coverage.

The pension is granted throughout the contingency following a medical report of the competent Centers for Certification of Invalidity (KEPA). The same stands for the medical benefits (under Part II medical care).

2.

For the provision of medical care referred to in Article 34, there is no waiting period.

PART VIII – MATERNITY   BENEFIT

Article 48

A. Use of sub-paragraph (a) is made.

B. Women employed in the private sector and in certain Institutions of public sector are insured with IKA-ETAM.

Directly and indirectly insured with IKA-E.T.AM covered for health care benefits in kind by E.O.P.Y.Y, according to the Single Health Benefit Regulation (E.K.P.Y.) of E.O.P.Y.Y).

C.  Statistical  data (Article 74)

Maternity Benefit

Year

2011

2012

2013

2014

2015

2016

Directly Insured

34,232

31,175

27,454

27,217

27,800

26,700

Indirectly insured

0

0

0

0

0

0

Days of granted benefit

4,073,627

3,706,789

3,283,127

3,248,653

3,372,298

3,200,000

Note: The data for 2016 is estimated.

Birth Grant

Year

2011

2012

2013

2014

2015

2016

Directly Insured

39,761

-

-

-

-

-

Indirectly Insured

13,811

-

-

-

-

-

Sum

53,572

-

-

-

-

-

Since the year 2012, the birth grant is a sickness benefit in kind granted by the EOPYY.

Article 49

Childbirth benefit for obstetrics costs for giving birth out of a hospital facilities, for example at home: lump-sum benefit equal to €900 for 1 child, €1,200 for twins, €1,600 for triplets, granted by EOPYY.

Medication for pregnancy and confinement: free of charge.

Paraclinical examinations: free of charge if made in public hospitals or laboratories of the National Organisation for Healthcare Services Provision (EOPYY.  If made in private clinics/laboratories contracted by EOPYY, contribution of 15%. In private clinics not contracted by EOPYY, full charge.

Hospitalisation: The insured woman has the right to free-of-charge hospitalisation in a public hospital of the National Health System (ESY). In a contracted private clinic her contribution is 30%. For hospitalisation in private clinics not contracted by EOPYY, contribution is 100%.

The directly and indirectly insured pregnant women are provided with the care in public hospitals and hospitals contracted by the EOPYY under the same conditions that are in force for medical care.

Article 50

A.     The article 65 of the Code is used.

B.    

IKA-ETAM subsidizes directly insured women for 56 days before the expected date of childbirth (gestation benefit) and for 63 days afterwards (confinement benefit), in total 119 days. During those 119 days of maternity leave, the benefit paid is 50% of the  estimated wage of the insurance class to which the insured woman has been classified, based on her earnings of the last 30 days in the previous year plus the child benefit (10% for each child and up to 40%). The minimum amount of benefit is 11.06€, while the maximum daily amount is 47.47 € without dependent family members and up to 66.46 € daily with maximum of four dependent members.

Article 51

The conditions for granting the benefits of article 49 (questions A and B) are already mentioned in article 11 (PART II - Medical Care).  

In order to be eligible for the “special maternity benefit” (article 50), the working woman is required to have completed at least (200) two hundred days of insurance during the two years prior to maternity leave.

Article 52     

The leave granted is seventeen (17) weeks or 119 days.

Eight (8) weeks or 56 days are granted before the date of delivery and the remaining 63 days postpartum.

The national law has been harmonised with the Directive 92/85 of the European Union regulating that during the absence from work, the salary or an appropriate benefit needs to be maintained if the medical evaluation shows danger for the safety or the health of the working woman.

The special maternity allowance ensures the worker salary at least equal to those which would be obtained if absent from work due to sickness.

The amount of the special maternity allowance equals to the amount of sickness benefit, without the constraints of the ceilings provided for by the legislation of the IKA-ETAM.

The national law has been harmonised with the Directive 92/85 of the European Union regulating that during the absence from work, the salary or an appropriate benefit needs to be maintained if the medical evaluation shows danger for the safety or the health of the working woman.

Payment by the employer during maternity leave:

 

For the first month

The employer has the obligation to pay salary during maternity leave, since the pregnant woman is not considered to be responsible for being temporarily unfit to work (the provisions of articles 657 and 658 of Civil Code are applied). More specifically, the obligation of employer to pay her salary during maternity leave, is limited to 15 days in the case that the obstacle emerged after at least 10 working days and before completing the first year of service. After the completion of the first working year, the obligation of payment of salary can be extended to one month. It is to be noted that according to the above provisions, the employer can deduct any amount the beneficiary receives from her insurance institution, if it concerns the same period for which the benefits are paid.

For the rest of the period

After the mentioned first 15 days or the first month of payment by the employer according to articles 657 and 658 of Civil Code, the Work Force Employment Organisation (OAED) is obliged to grant additional maternity benefits for the period up to 17 weeks. The amount paid is equal to the difference between the amount granted by IKA-ETAM and the regular salary of the insured woman paid by the employer.

Special benefit for maternity protection

After the end of both the maternity leave and the period of 3,5 months during which she is entitled to reduced working hours considered to be a sort of a paid maternity leave, a working mother insured with IKA-ETAM is eligible for special ‘maternity protection leave’ that can last up to six (6) months. During the 6 months’ leave, she is eligible for allowance, paid by OAED, which equals to the minimum salary, as it is determined by National Labour Collective Agreement.  She is also granted the relevant proportion amounts for Christmas-Easter and Vacation bonuses. This particular period is taken into account as insurance period in IKA-ETAM. The contributions are calculated based on the above salary and the contributions burdening the insured woman are retained and attributed to IKA-ETAM by the OAED.  The employer’s contribution burdens OAED and they are also attributed to IKA-ETAM by the Organization.

PART   IX   -    INVALIDITY     BENEFIT

Article  54

There are three categories of invalidity: a) partial invalidity of 50% to 66.99% disability degree b) ordinary invalidity of 67% to 79.99% disability degree and c) severe invalidity of 80% or higher disability degree. The invalidity benefit is granted to insured persons who have been assessed incapable to work with at least 50% disability degree.

The insured person who is severely disabled (with disability of 80% or more) is entitled to receive the full pension amount.

The insured person with disability of 67% to 79.99% is entitled to 75% of the full pension amount. If the insured completed at least 6000 insurance/contributions days or the disability is a result of mental disorders, he/she is entitled to the full pension.

The insured person who is assessed as partially disabled (invalidity of 50% to 66.99%) entitled to 50% of the full pension amount, unless the disability is primarily result of mental disorders. In that case, the insured is entitled to 75% of the full pension amount.

The calculation is performed in the same way as the old-age pension (Article 28, Part V).

For insured persons on 1.1.1993 and afterwards, the minimum amount of basic invalidity pension (with a percentage of 80%) corresponds to 15 years of insurance, based on GNP of the year 1991, increased by 50% and readjusted by the increase rates of pensions of civil servants.

Invalidity pensions are adjusted in the same way in which the old-age pensions are indexed.

Article  55

A. Use of sub-paragraph (a) is made.

B.  The employees insured with IKA-ETAM.

C.    Statistical data (Article 74)

Invalidity Pension

Year

2011

2012

2013

2014

2015

2016

Number of Pensions

126,062

107,085

114,274

114,426

116,293

112,135

Note: The data for the 2016 is estimated.

Article 56

For the calculation of the invalidity benefit the provisions of articles 55a and 65 of ECSS were used.

Invalidity pensions

Old insured:

Standard Beneficiary: male fitter or turner with wife and two children and 15 years of insurance

Percentage of Reference Salary:

40%

Pensionable salary:

1,432.80

Monthly Salary Reference:

1,432.80

Final amount of pensions (after the pension cuts)

Full Pension

Reduced by 25%

Reduced by 50%

Main Pension

733.47

550.10

366.74

Supplementary Pension

189.60

162.52

114.16

Total:

923.07

712.62

480.90

Pension rate to the reference salary:

64.42%

49.74%

33.56%

New insured:

Standard Beneficiary: male fitter or turner with wife and two children and 15 years of insurance

Percentage of Reference Salary:

40%

Pensionable salary:

1,432.80

Monthly Salary Reference:

1,432.80

Final amount of pensions (after the pension cuts)

Full Pension

Reduced by 25%

Reduced by 50%

Main Pension

550.27

426.34

302.40

Supplementary Pension

116.42

87.32

58.21

Total:

666.69

513.66

360.61

Pension rate to the reference salary:

46.53%

35.85%

25.17%

Article 57

Insured persons who have been assessed incapable with a percentage of at least 50% disability degree by the Health Committees of IKA-ETAM must have completed:

- 4.500 days of insurance or

- 300 days of insurance in the case of insured who is less than 21 years old. The pre-mentioned number of insurance days is gradually increased to 4200 days of insurance by adding 120 days of insurance per year after the completion of the age of 21.  From the pre-mentioned days, the 300 must have been completed within the 5 years preceding the invalidity or

- 1.500 days of insurance, of which at least 600 days must have been completed within the 5 years prior to invalidity.

Article 58

The right to the invalidity pension lasts for the period indicated by the Health Committee. The period for which, an insured is assessed as invalid, is extended under same conditions and it can be checked at any time, upon the demand of the competent Committee, by submitting the pensioner’s medical examination to the mentioned committee.

In certain cases, the temporary invalidity pensions become permanent:

Old insured (insured until 31/12/1992):

The invalidity pension is automatically transformed into permanent pension for: 

a) Men at the age of 55 and women at the age of 50, who have been receiving the invalidity pension for 7 continuous years and have been re-examined by the Health Committees for at least 3 times during this period.

b) Men at the age of 60 and women at the age of 55, who have been granted the invalidity pension for 5 continuous years and who have been re-examined by the Health Committees at least twice during the invalidity period.

c) Persons who were receiving the invalidity pension for 12 years continuously, without taking into account the age limit.

d) Persons who were granted the pension, for a certain period on several occasions, over the last 20 years, if they received the invalidity pension continuously for the last 3 years, without taking into account the age limit.

New Insured (insured after 1/1/1993):

By law 3863/2010 (article 8) invalidity benefit may be transformed into permanent after the competent Health Committees’ final opinion, on condition that:

a) The pensioner (man or woman) has reached the age of 55 and has completed 7 continuous years of receiving the invalidity pension, during which he/she has been re-examined at least 3 times by the competent Health Committees.

b) The pensioner (man or woman) has completed the age of 60 and 5 continuous years of receiving the invalidity pension, during which he/she has been re-examined at least twice by the competent Health Committee.

The invalidity pension can be transformed into the old age pension, provided that the pensioner meets at least the conditions (age limit and days of insurance) prescribed for old age pension in article 26.

The period for which the beneficiary was granted the invalidity pension is also calculated for the fulfilment of the minimum conditions required for entitlement to old age pension.

The payment of invalidity benefit is suspended for the relevant period of time, in case that the beneficiary doesn’t appear for re-examination of his/her health condition by the Health Committee according to the Regulation of the Institution.


PART     X          -       SURVIVORS’     BENEFIT

Article 60

1.                  In the case of death of an insured person or of a pensioner, the survivors’ pension is paid to the surviving spouse beginning from the first day following the month of death. The pension is granted for three years, even if the surviving spouse works or receives a pension from another source, regardless of age.

2.                  After three years from the death of the insured person or of the pensioner, if the surviving spouse works or receives a pension from another source, the survivors’ pension is limited to 50%, until the completion of 65 years of age. After the completion of this age limit, the surviving spouse shall receive 70% of the survivors’ pension.

If the surviving spouse, at the time of death of the insured or of the pensioner is physically or mentally disabled with a disability percentage higher than 67%, he/she shall receive the total amount of pension for as long as the disability lasts, regardless of any other requirements.

Article  61

A.  Use of sub-paragraph (a) is made 

B.  The family members of the employees insured in IKA-ETAM  

The employers of the private sector, public sector and banks. Also, those who are recruited for the public sector from 1/1/2011 and onwards as permanent administrative officers, the military and officers of local administrative bodies.

C.   Statistical data (Article 74)

Survivors’ Pension

Year

2011

2012

2013

2014

2015

2016

Number of survivors’ pensions

299,392

300,857

297,780

300,079

302,129

304,051

Note: the data for 2016 is estimated.

Article 62

For the calculation of the benefit recourse is had to the provisions of article 65 of ECSS.

Minimum amount for survivors’ pension

Year

2011

2012

2013

2014

2015

2016

Amount in €

438.16

438.16

438.16

438.16

438.16

438.16

Note: The date for 2016 is estimated.

Old Insured Survivors’ pension

Standard beneficiary: widow of a fitter or a turner with a spouse, 2 children and 15 years of insurance.

Percentage of the reference salary:

40%

Pensionable salary:

1,432.80

Monthly salary reference:

1,432.80

Final pension amount (after the pension cuts)

Main Pension

733.47

Supplementary Pension

189.60

Total

923.07

Pension rate to the reference salary:

64.42%

New Insured (Survivors’ pension)

Standard beneficiary: widow of fitter (turner) with a spouse, 2 children and 15 years of insurance.

Percentage of reference salary:

40%

Pensionable salary:

1,432.80

Monthly salary reference:

1,432.80

Final pension amount (after the pension cuts)

Main Pension

429.84

Supplementary Pension

116.42

Total

546.26

Pension rate to the reference salary:

38.13%

Article 63

Minimum period of insurance of the deceased, in order for their protected members to be eligible for survivors’ pension: a) 4,500 days of insurance or b) 1,500 days of insurance of which 300 during the last years before death or c) 300 days of insurance, if the deceased has not reached the age of 21. These days progressively increase to 4,200, by adding 120 days of insurance for each year after the completion of the 21st year of age. From these days, the 300 days must be completed in the past 5 years, before the year the death occurred.

In case of death of the insured person, due to an accident outside work, half of the days are required in comparison with those mentioned above that concerned pension because of death from a common disease.

In case of death of the insured person due to a working accident, one day of insurance is sufficient in order for their protected members to receive the survivors’ pension.

In case of death of a pensioner, the pension is transferred to the protected members without any conditions examined relating to the days of insurance.

The surviving spouse is entitled to a survivor’s pension , provided that the death if the insured spouse occurred after three (3) years from the marriage, unless the death is a result of an accident, at the employment or not.

The surviving spouse is entitled to a survivor’s pension provided that the death of the spouse, that received an old- age or a disability pension, occurred after five (5) years from the beginning of marriage.

Article 64

1. The survivor’s pension is granted throughout the contingency. It is suspended in the case of a widow’s/widower’s new marriage. If the children receive a survivor’s pension, it is suspended after completion of the 18th year of age or the 24th year of age, if they are students studying in high or higher educational institutions. The above age limit does not apply to children incapable of any gainful activity, if their incapacity occurred before reaching the age of 18.

The survivor’s pension granted to children after the age of 18 and up to 24 is suspended in case of working, being employed or receiving a pension for their work, by the State, public entities or any social insurance fund.

2. The survivor’s pension is suspended in the case of a new marriage.

PART     XII   - STANDARDS TO BE COMPLIED WITH BY PERIODICAL PAYMENTS

                                                      

Article 65

Answer provided under each ratified part.

Article   69

The insured person of IKA – ETAM has the right to appeal in the event of an allowance grant rejection or of a dispute over the amount paid.

In particular, the insured person has the right to make an appeal against the decision of the Director of the local branch of the IKA – ETAM  that will be examined before the Local Administrative Committee; set up and operating in each local branch of IKA-ETAM with the participation of a representative of the insured persons. 

In case where the Local Administrative Committee overrules the objection of the insured person, the latter has the right of appeal to the Administrative Courts.

The directors of local branches of IKA – ETAM also have the right to appeal before the Administrative Courts, in case they consider that the decision taken by the Local Administrative Committee, which may be partially or fully in favor of the insured person, contravenes the law.

Article 70

The financing of the system for those insured until 31/12/1992 is covered by contributions paid from employers and employees.

For the coverage of IKA – ETAM’s deficit for pension insurance branch, a subsidy is provided from the state budget.

The funding of the system in respect of those insured from 1/1/1993 onwards is tripartite (employer-insured-state), for pension and health.

In particular, the rates of insurance contributions (pension-sickness-supplementary pension) are determined as follows:

Rates of insurance contributions to IKA-ETAM

ΙΚΑ-ΕΤΑΜ  contribution rate percentages

Insurance Branch

Employee

Employer

Total

Medical care benefits in cash and in kind

2.55

4.55

7.10

Pension

6.67

13.33

20.00

Arduous and unhealthy

occupations

2.20

1.40

3.60

Occupational risk

-

1

1

Total

11.42

20.28

31.70

The above mentioned contribution rates are the same for those insured until 31/12/1992 and for those insured for the first time after 1/1/1993.

For those insured for the first time after 1/1/1993 and onwards, the State's participation in the main pension branch amounts to 10% and is calculated on the monthly salary, which may not exceed twice the average monthly per capita GDP of 1991, adjusted in accordance with the increase of pensions of civil servants and for the sickness branch, calculated in the aforementioned way amounts to 3.80% (3.40 for the benefits in kind and 0.40 for the benefits in cash).

For Part VI (industrial accidents and occupational diseases), the benefits are not granted by a special branch.

Old insured persons (until31/12/1992)

Accepted Parts

Resources allocated for the protection of employees, their spouses and their children (employer's contribution and state participation) (A)

Insurance contributions paid by the protected persons (B)

Part ΙΙ

4.30%

2.15%

Part ΙΙΙ

0.25%

0.40%

Part V

13.33%

6.67%

Part VI*

Covered by the contribution of Part V

Part VIII

Covered by the contribution of Part ΙΙΙ

Part ΙΧ

Covered by the contribution of Part V

Part Χ

Covered by the contribution of Part V

Total

17.88%

9.22%


New insured persons (from1/1/1993)

Accepted Parts

Resources allocated for the protection of employees, their spouses and their children (employer's contribution and state participation) (A)

Insurance contributions paid by the protected persons (B)

Part ΙΙ

7.70 %

2.15%

Part ΙΙΙ

0.65%

0.40%

Part V

23.33%

6.67%

Part VI*

Covered by the contribution of Part V

Part VIII

Covered by the contribution of Part ΙΙΙ

Part ΙΧ

Covered by the contribution of Part V

Part Χ

Covered by the contribution of Part V

Total

31.68 %

9.22%

           

4.   Old insured persons (up to 31/12/1992)

The total of column B represents about 50% of the column A.

New insured persons (from 1/1/1993)

The total of column B represents about 30% of the column A.

5.                   Social security in Greece is constitutionally established (art. 22, par. 5 of Constitution). The social security system operates with self-governed organizations and covers all employees in the Greek territory. The insurance in a social security organization, depended by the nature of the work provided, is obligatory.

6.  Changes

i) In benefits:

1) According to par. 1 of article 148 of Law no. 3655/2008 (A58), the insured persons of IKA-E.T.A.M and their family members are covered for sickness benefits in kind from the 1st of March of each year and for twelve months, provided that the insured person has a minimum of 100 working days, either in the previous calendar year, either in the last fifteen months, not counting the days completed during the last quarter of the fifteen months period. Exceptionally, for the period from 01/03/2016 to 17/02/2017, according to the provision of par. 1, article 61 of law. 4369/2016 (A’33), the insured persons of IKA-ETAM and their family members are covered for sickness benefits in kind, provided that they have completed 50 days of insurance either during the previous calendar year, or in the last fifteen months, not counting the days completed during the last quarter of the fifteen months period.

2) The provisions of sub-paragraph E3 of paragraph E, article 2 Law. 4336/2015 (Government Gazette A 94) and the Ministerial Decree (F11321 / oik.47523 / 1570 / 26.10.2015) (Government Gazette B 2311) set an increase in the retirement age for the full and reduced amount of pension. In particular, from 01.01.2022 the retirement age for full retirement pension for all insured persons in all Social Security Organizations including the Bank of Greece, will be 62 years of age (12,000 insurance days or 40 years) and 67 years of age (4,500 days or 15 years or of insurance), subject to the provisions of par. 3 of article 11 of law 3863/2010 (Government Gazette A’ 115). Moreover, from the above mentioned date the retirement age for a reduced old-age pension, where is applicable according to general, special or statutory provisions, for all Social Security Organizations, including the Bank of Greece, will be 62 years of age with 4,500 days or 15 years of insurance.In cases, where a right to a full or reduced pension is not established, the retirement age gradually increases until 01.01.2022, according to the  provisions of the above paragraphs 1a and 1b, subject to the provisions of paragraph 3 of Article 11 of the Law 3863/2010 and the relevant the tables. These arrangements exclude arduous and unhealthy professions, as well as the mothers and widowed fathers of children incapable for any gainful activity. Acquired (mature) pension rights of insured with Social Security Funds, including the Bank of Greece, that meet the retirement conditions of the insurance period and age, where provided, are not affected and can be exercised at any time. For those entitled to a reduced old-age pension from 19.08.2015, an additional reduction of 10% of pension is established. The reduction shall be calculated on the amount of pension, following the procedure under the Article 145 par. 3 of the Law 3655/2008 and no reduction is imposed forever, but until the completion of the new full retirement age. On the completion date of the new full retirement age and afterward, only the prescribed by art. 145 par. 3 of law.3655 / 2008 reduction of pension is maintained.

ii) In contribution rates: from 07.01.2014 (Law 4254/2014) the employer’s contribution for sickness benefits in kind was reduced by 0.50%

Insurance  Branch

Employee

Employer

Total

Medical care benefits    

in cash and in kind

2.55

5.10

7.65

Pension

6.67

13.33

20.00

Heavy and hazardous

Occupations

2.20

1.40

3.60

Occupational  risk

-

1

1

Total

11.42

20.83

32.25

ΕΤΕΑΜ

            3

           3

          6

Total

14.42

23.83

38.25

Heavy and hazardous  ΕΤΕΑΜ

1.25

0.75

2

Total

15.67

24.58

40.25

Article   71          

In accordance with article 77, par. 7 of the Law 3996/2011 for the Collective Administrative Bodies of the Social Security Organizations, as in force after the relevant amendments, the board of IKA - ETAM consists of 15 people: (1) the Governor of IKA - ETAM as president, three (3) representatives of employees, one (1) representative of persons with disability, three (3) representatives of employers, one (1) representative of pensioners, one (1) employee of the IKA – ETAM, one (1) administrative officer from the General Secretariat for Social Security, the Ministry of Labor and Social Security, one (1) administrative officer, Head of Division, of the Ministry of Finance, four (4) specialists who have experience and training in social security or social policy or economics or management issues and organization.

The representatives of the employees, employers and pensioners, and the employee of IKA – ETAM are appointed by the Minister of Labor and Social Security on a proposal submitted by the above trade union or professional organizations or associations within ten (10) days of their written notice. Failure to submit the relevant proposals within that deadline, the Minister of Labor and Social Security shall appoint their representatives at its discretion.

The Governmental Commissioner, who participates at the meetings of the Board of IKA – ETAM, without voting rights, is the current General Secretary of the General Secretariat for Social Security, having a Director of a General Directorate as his deputy.

The President, the Governmental Commissioner, the Board members and their deputies are appointed by the Minister of Labor and Social Security for a three-year term and their election or appointment for more than three consecutive terms is not allowed.

The Secretary of the Board is an employee of IKA – ETAM appointed by the Governor of IKA – ETAM with his deputy.

Article   74

Answered under each ratified part.

III.

-

IV.

-

V.

-


Attachment

The Greek Statement

Responses-comments concerning the ILO conclusions and the request of the Committee of Ministers

·         The Committee welcomes the Government’s statement in its 33rd annual report that, despite the austerity policies, Greece continues to comply with the obligations arising out of the accepted Parts of the Code, and expects the Government to substantiate it by providing in its next detailed report the most recent statistical data and calculations on the coverage, financing and level of benefits requested in the Report Form on the Code, together with the information and data requested in the present conclusions.

The statistical data is provided in the detailed report (by IKA-ETAM Actuarial Studies and Statistics).

·         Noting that the major saving efforts by Greece under the third MoU fall on pensions, the Committee asks the Government to confirm that, following five years of unrelenting structural adjustment and social austerity, it has already largely exhausted all internal sources of the possible additional savings necessary for repayment to international creditors apart from the possibility of further devaluating the pensions of Greek citizens.

The statement by the political leadership:

Further to the agreement signed in July 2015, Greece committed to a set of measures for the purpose of achieving a primary surplus of 3.5% of GDP for 2018. The first review of the fiscal adjustment program includes measures amounting to 3% of GDP or € 5,4 billion, which guarantees the achievement of this budgetary goal. However, during the negotiations with representatives of the European Commission, the International Monetary Fund, the European Central Bank and the European Stability Mechanism, the Government made  clear that these resources will not be drawn from new cuts in main pensions, but will come from a series of interventions in other areas, including the taxation system and, with regard to the social security system, from the level of contributions, the rationalization of the system and the application of uniform rules for both contributions and  benefits. Therefore the conclusion that the domestic sources have been exhausted, although correct it concerns only the benefits, because, based on the draft law on social security the Government achieves savings of 1% of GDP for 2018, protects the main pensions, while at the same time, establishes a fair system of calculating pension benefits based on the principles of reciprocity and redistribution and ensures the long-term sustainability of the pension system.

·         It therefore requests clarification as to which of the above plans and intentions have conserved their relevance in the new political setting.

The statement by the political leadership:

First of all, it should be clear that the elections of September 2015, in no way altered the basic priorities, the ideological orientation and the political objectives of the Government. The compromises were made to reach an agreement with Greece’s creditors and protect the national interest through access to borrowing mechanisms, in order to cover the basic financial needs of the state. Therefore, despite, the fact that the Government was not able, because of political conditions, to promptly implement a series of interventions that were the key pillars of its political program, this does not signal a change of political direction.

Specifically, with regard to the issue of the minimum wage, an independent expert committee has been set up, based on the July agreement, to examine the existing legal framework of labor relations in the Greek labour market and, based on the findings of that committee, the Government will seek to include in the agenda of dialogue with the institutions, the issue of increasing the minimum wage in order to proceed, then, to the relevant legislative initiative.

Furthermore, with the new social security system, the insured will receive the National Pension amounting to € 384, and the contributory pension which will be calculated on the basis of the contributions paid, the insurance period and the pensionable earnings of the insured. The amount of the national pension will correspond to 60% of the median income, which exceeds the poverty threshold. This amount is adjusted based on the Consumer Price Index and the change in GDP, thus, including a growth clause. The state not only guarantees, but finances from the state budget the National Pension, while simultaneously guaranteeing on the basis of Article 22 para. 5 of the Constitution, all the insurance/pension benefits. Regarding the 13th pension for low income pensioners, given the very high deficits of the social security system due to the mismanagement of previous years, the demographic problem of the country and the high unemployment, it is not possible to grant it at the moment. However, as mentioned above, the draft law on social security which expected to be voted guarantees the sustainability of the pension system, limiting the absolute dependence of the system from the state budget, and enabling the enactment of the13th pension, after the completion of the fiscal adjustment program at the end of 2018. Finally, the Government is determined to utilize the assets of pension funds for the benefit of the pensioners. A typical example is the supplementary social security branch, where despite the persistence of the institutions for the reduction of deficit through cuts in supplementary pensions, the Government succeeded in covering a large part of the deficit by using social security funds’ reserves. It should be noted, that, according to the draft law on social security, the resources of the pension system will be strengthened through revenues from fines paid for uninsured work, as well as the 20% of the revenue generated from the sale and exploitation of real estate owned by the State.

·         In this uncertain situation as to the future of the social security system in Greece, the Committee wishes to express the firm hope that the Government will be able to maintain the viability of its social security system by applying the principles of the organization and financing of social security established by the Code. Taking into account the fact that the new austerity measures are likely to have the effect of accelerating Greece’s debt–deflation spiral once again, the Committee is bound to ask the Government to explain in its next report: (a) how the new pension cuts correlate with its stated intention of steering the country out of recession by giving a social dimension to its economic and fiscal policy; (b) whether in implementing the new MoU, the Act to address the humanitarian crisis, mentioned above, and any other anti-austerity measures taken previously by the Government before signing the MoU have had to be abrogated; (c) whether the inevitable impact of the new social austerity measures on poverty has been fully discussed by the Government with the Brussels group in order at least to mitigate their humanitarian consequences; and finally (d) the Government’s vision of the future trajectory of the national social security system over the next three years of the application of the economic adjustment programme set out in the MoU.

The statement by the political leadership:

(A) As noted above, the draft law on social security does not introduce any cuts to the main pensions. The protection of the main pensions was a basic "red line" of the Government that was not prepared to back down from under any circumstances. With regard to supplementary pensions, savings of € 300 million will be achieved, not by horizontal cuts, but rather by recalculation of supplementary pensions that were initially calculated based on disproportionately high replacement rates, in contrast to the supplementary pensions of the vast majority of pensioners. This intervention concerns less than 10% of the total number of pensioners in the country and it will only be applied to pensions, where the sum of main and supplementary, exceeds the amount of € 1,300.

(B) There is no obligation to abolish the law on the humanitarian crisis under the new fiscal adjustment program. The protection of the weakest is a key priority of the Government and the corresponding legislative initiatives were never asked to be abolished by the country's partners. In this context, upon the initiative of the Ministry of Health, a law on healthcare coverage of uninsured was recently passed.

(C) In the July agreement, the Government sharply raised the issue of social welfare and explicitly provided for the activation of the Guaranteed Minimum Income to be put into pilot implementation in 2016. Also, it has planned to activate employment programs for long-term unemployed to cover 150,000 jobs. Finally, in the draft law on social security, which is to be voted, there is a provision for an allowance for uninsured of very old age.

(D) The Government's vision for the social security system is reflected in the draft law and it is based on the principles of fairness, redistribution and reciprocity. The draft law provides uniform rules for calculating social security contributions and pension benefits, without favouring specific categories of insured. In parallel with the establishment of the National Pension, which will be financed directly from the state budget, the reform ensures a decent standard of living for all insured and replacement rates that guarantee the protection of the long-term unemployed, while giving incentives to remain at work for those who have this possibility.

Finally, based on actuarial studies which will accompany the bill during its debate in plenary session of the Parliament, the social security reform should guarantee the sustainability of the system by 2060.

·         The Committee asks the Government to indicate how this decision has been implemented and to report any other judicial decisions by the higher courts of the country on these issues.

The statement by the political leadership:

The conclusion reached by the decisions of the Council of State (Nos. 2287/2015, 2288/2015, 2289/2015, 2290/2015) is that the cuts made to pensions are unconstitutional. The reasoning of the court is that the measures lack justification accompanied by a specific, detailed and sufficiently substantiated scientific study which would show that the adoption of these measures is consistent with the constitutional principles of proportionality, equality, protection of human dignity, as well as the institution on of social security.

The draft law already being discussed in the Parliament is in line with the decision of the Supreme Administrative Court. It does not introduce new cuts but establishes a new way of calculating pensions. Also, this draft law is accompanied by specific detailed study showing that it is aiming to ensure the sustainability of social security institutions and the follows the basic principles of respecting the human dignity, proportionality and equality. Henceforth, every pension application will be examined on the basis of the new provisions of the social security law, without use of provisions that were considered unconstitutional by the Supreme Administrative Court.

·         The Committee asks the Government to complete the list of measures reducing access to and the level of pension benefits provided in compliance with the Code.

(1) Increase of the retirement age

• In Article 1, paragraph IA IA4 subparagraph, point 1 and 2 of the Law 4093 / 2012 (GG 222 A), starting with 1.1.2013 the retirement age is increased by 2 years, in order to mitigate the negative impact of population aging on the sustainability of the pension system. The result was the increase of the general retirement age from 65 to 67 years, and acceleration of increase of the retirement age established by the Law. 3863/2010 by 2 years (it come into force in 2013 instead of 2015).

• With E3 subparagraph of paragraph E of Article 2 of Law 4336/2015 (Government Gazette A 94) changes adopted in the retirement age of all insured of all the Funds in competence of the Ministry of Labour, Social Security and Welfare. Specifically, from 01.01.2022, the retirement age required for the entitlement to a full pension due to old age for each category of insured persons, the social security organizations, including the Bank of Greece, was set at 62 years of age (with 40 years or 12,000 days of insurance) and at 67 years of age (in case of 4500 days or 15 years of insurance), except if subject to the provisions of paragraph 3 of article 11 of l. 3863/2010 (A` 115).

 Also, starting with 01.01.2022, the retirement age for the entitlement to the reduced old-age pension was established, in accordance with the applicable general, specific or statutory provisions of the Social Security Funds, including the Bank of Greece,  and it was set at 62 years of age with 4500 days or 15 years of insurance.

Excluded from the above increase in the retirement age are the following categories:

a. the insured in arduous and unhealthy professions,

b. those who retire under the provisions of Law 612/1977, or under provisions referring to the mentioned law, and

c. the insured who are subject to general, specific or statutory retirement provisions as mothers and widowed fathers of children incapable of any gainful labor.

Furthermore, it is explicitly stated that the established until 18/8/2015 pension rights are protected (and therefore not affected by the increase in the retirement age) and they can be exercised at any time.

It needs to be clarified that the established right exists when the person reaches the minimum contribution period and age limit (where provided), required for the retirement. The established pension rights can be exercised at any time and the insured person is able to continue working.

(2) Cuts of main and supplementary pensions, lump sum holiday aid, Christmas and Easter bonuses, from 2010 onwards, are listed below:

1. Reductions of main pensions:

Law 3863 / 10 Article 38 (GG 115 A) Solidarity Contribution of 1.8.2010 concerns the sum of main pensions

Law 3986 / 11 Article 44 Fri the 10th (GG 152 A) by 1.8.2011 concerns the sum of main pensions

Law 3986 / 11 Article 44 Fri the 11th (GG 152 A) by 1.8.2011 concerns the sum of main pensions

Law 4024 / 11 Article 2 Fri the 1st (GG 226 A) 1.11.2011 concerns the basic pension

Law 4024 / 11 Article 2 Fri the 2nd (GG 226 A) 1.11.2011 concerns the basic pension

Law 4051 / 12 Article 6 Fri the 1st (GG 40 A) by 1.1.2012 concerns the sum of main pensions

Ministerial Decision 476/2012 (GG 499, B) from 1.1.2012 concerns the Navy Retirement Fund

Law 4093 / 12 (GG A222) article 1 par. IA subparagraph IA5 case 1 of 1.1.2013 concerns the sum of all pensions

2. Reductions οφ supplementary pensions

a. Reductions & special contributions concerning supplementary pensions

Law 3986/2011 Article 44 par.13a (A 152) Special Contribution of Pensioners of Supplementary Insurance from 1.9.2011

Law 4024 / 2011 ar. 2 par. 3 & 4 (A 226) from 1.11.2011

Law 4051/2012 Article 6 par. 2-5 (A 40) from 1.1.2012

b. Decreases of  pensions of pre-retirement categories of pensioners of ETAT&ETEA scheme (ex ETEAM)

Law 4024/2011 (A 226) Article 2 par. 1, 2, 3, 4 & 7

Law 4051/2012 (A 40) Article 6 par. 1 & 2

c. pension reductions (sum of main and supplementary pension)

Law 4093 / 12 (A 222) Par. IA5 case1 from 1.1.2013

Law 4199/2013 (A 216) Article 127 Par. 2 from 1.1.2013

     

3. Reduction of the Christmas and Easter bonuses and the holiday aid lump sum

Law 3845/10 Article 3 Par. 10-15 (GG 65 A) 1.6.2010

Law 4093 / 12 Article 1 Par. IA subpar. IA6 D3 from 1.1.2013

4. Reductions and special contributions for the lump aids

Law 3986 / 2011 Article 38 para 2b (A152)

Law 4024/2011 Article 2 para 6 (A 226) (which replaced para. 5 of article 44 of Law 3986/2011, which provided that the members of the Welfare Branch of Public Servants (TPDY) and Insurance Branch for Personnel of Public Personnel Power Company of TAYTEKO, dismissed from their service on 1-1-2010 or afterwards, where the decision has not yet been issued, the amount of the lump sum allowance is paid at a reduced rate of 10% and 15% respectively)

Para IA 5 case 2 of Law 4093/2012 (A '222)

Cuts of benefits per fund - sector, for insured until 31.12.1992 who left or will leave the service from 1.8.2010 onwards, if the decision granting the lump sum is not issued until the publication of the law 11/12/2012

Para IA 5 case 3 of Law 4093/2012 (A '222)

Determination of the amount that will carry out cuts of above item 2 of insured in Welfare Sector for Public Servants TPDY and PPC Personnel Insurance Branch of TAYTEKO.

Para IA 5 case 4 of Law 4093/2012 (A '222)

Determination of the percentage reduction in the lump sum allowance for employees under retirement who were insured under the system of the Law 103 / 1975 (A 167)

Para IA 5 case 7 of Law 4093/2012 (A '222) in conjunction with para. 2 of Art. 18 of Law 4242 / 2012 (A-50) & the Y.A.F80000 / 1093-1026 / 02.12.2014: Implementing a new technical basis for the lump sum for the insured retiring from 09/01/2013 onwards to whom the lump sum is to be paid after 1/1/2014

·         The Committee expects that the results of this macro-level social impact study of the ten rounds of pension cuts undertaken since 2010 during the period of structural adjustment will be presented in the Government’s next report.

The Statement by the political leadership:

As noted above, in contrast with the political choices of the previous governments, the draft law on social security provides no cuts to the main pensions.

However, with a view to also assessing the micro impact of pension cuts at the individual level, the Committee would also ask the Government to calculate the overall reduction for a pensioner whose pension(s) amounted, for example, to €2,500 in 2009.

On the conclusions recorded in the report of the Committee of Experts of the ILO and in particular for the calculation of the total reduction for a pensioner whose pension amounted in 2009 to EUR 2,500, we would like to present the following table:

Initial Amount of pension

2.500 €

Reductions law3863 / 2010 -  for AKAGE

-225 €

Reductions law 3863 / 2010 -  for health

-150 €

Reductions law 4024 / 2011

-215 €

Reductions law 4051 / 2012

-91,20 €

Reductions law 4093 / 2012

-196,88 €

TOTAL REDUCTIONS

-878,08 €

FINAL AMOUNT OF PENSION

1.621,92 €

Additionally, we would like to inform you that under the ongoing Social Security Reform in our country, interventions will be made corresponding to 0.66% of GDP for the year 2016. These measures are not confined to the expenditure side (0.39 % of GDP), but also concern the revenue side (0.27% of GDP). In particular, it is planned:

1. Adjustment of the criteria for granting the Social Solidarity Allowance for Pensioners (EKAS).

2. Adoption of new criteria for granting the Solidarity benefit to Old Aged Uninsured persons who do not fulfill the criteria for retirement.

3. Establishing a national pension for persons legally residing in Greece for at least fifteen (15) years and a contributory pension relating to pensionable earnings and the period of insurance.

4. Establishing a maximum amount of individual pension that each pensioner is entitled to.

5. Adjustment and recalculation of pensions’ paid as well as widows’ pensions.

6. Recalculation of the lump sum amount benefit.

7. Adjustment of the dividend paid by MTPY.

8. Adjustment of supplementary pensions.

9. Increase of contributions for supplementary insurance by 1.5% (1% for employers and 0.5% for employees).

10. Establishing of common rules for the contribution rate for pension (employees and employers).

11. Adjustment of the contributions paid from the self-employed on the basis of their taxable income.

12. Determination of the taxable income as a basis for calculating farmers' contributions for the main pension.

13. Establishing common rules for health care contributions for employees, freelancers, self-employed and professional farmers as a percentage of their insurable income.

14. Determination of single healthcare contribution rate for all pensioners.

·         In order to assess the extent to which Greece has failed to fulfil its general responsibility under the Code, to protect its social security funds and the required pension rights, the Committee asks the Government to calculate in its next report the total value of pension reductions used to generate the direct savings necessary for the repayment of State’s debts, as well as the total value of pension reductions applied retroactively.

The amounts per year are presented in the following table:

YEAR                                                               TOTAL MEMORANDUM CUTS

(N.4002 / 2011, N.4024 / 2011, N.4051 / 2012, N.4093 / 2012, N.4052 / 2012)

2011                                                               134,029,920.00

2012                                                               359,346,865.00

2013                                                               792,445,540.00

2014                                                               852,024,584.00

2015                                                               884,870,503.00

TOTAL                                                                       3,022,717,412.00

Analytical data presented in tables will be given in the next report.

·         The Committee notes these developments with interest and asks the Government, as this legislation is not available in English, to indicate in its next report the provisions that give effect to each of the Articles of Part II of the Code and in what manner.

The Part II of the Code is answered in the above report (Ministry of Health).

·         The Committee welcomes the statement by the EC that the health system reforms in previous programmes were “designed to control expenditure in a way that would not compromise standards of health care” and it asks the Government to indicate which standards of health care were not compromised by the widely reported closure of hospitals and health centres, the exclusion of poor citizens and marginalized groups from the health system, higher admission fees and waiting times, and other manifestations of the degradation of the health sector that has contributed to the humanitarian crisis in Greece. Please provide general statistics on the evolution of the health status of the population during the period covered by the economic adjustment programmes.

·         Noting the exemptions introduced for certain categories of patients and persons on low incomes, the Committee asks the Government to indicate whether cost-sharing rules are so designed as to avoid hardship, in compliance with Article 10(2) of the Code.

·         The Committee agrees with the EC that these measures will make the system more equitable, coherent and sustainable and asks the Government to monitor the effectiveness of their implementation in terms of the number of uninsured persons provided with free primary and secondary care and pharmaceuticals.

Answers 10, 11 and 12:

Law 4368/21 -02-2016 (GG 21/ A-21/02/2016) "Measures accelerating government work and other provisions", where in Subchapter E1, "relief measures from humanitarian crisis and ensuring universal health coverage of the population, article 33 provides for the «health coverage of uninsured and vulnerable social groups. "

According to this article, uninsured and vulnerable social groups are entitled to free access to Public Health Facilities for medical care. The care is provided through  Hospitals (Decree 2592/1953 (A-254), the supervised and subsidized by the Ministry of Health hospitals, the supervised and subsidized by the Ministry of Health Private Law entities, the Mental Health Units of Law 2716/1999 (A- 96), the Primary Health Care Units of the National Health System, the supervised and subsidized by the Ministry of Education, Research and Religious Hospitals, Municipal Clinics, as well as through the supervised by the Ministry of Labor, Social Security and Social Solidarity,  rehabilitation and social care institutions.

The pharmaceutical care is provided by the affiliated with E.O.P.Y.Y private pharmacies. High cost drugs, which fall under par. 2, Article 12 of Law 3816/2010 (A-6), are supplied exclusively by Hospital pharmacies and E.O.P.Y. Y.

            Following the above Law, a Joint Ministerial Decision was issued to ensure the access of the uninsured to the Public Health System (Government Gazette 908 / B 04/04/2016). This Decision specifies the terms, conditions and free access procedures to Public Health Facilities and provides for the medical and health care of the uninsured persons (neither directly nor indirectly insured to any social security fund and to those who have lost their insurance coverage and are not entitled to medical care due to debts to social security funds), as well as to vulnerable social groups of the country.

The benefits guaranteed are equivalent to the Benefit Regulation of E.O.P.Y.Y. (medical care, diagnostics, medical devices, etc.). The uninsured people by presenting their Social Security Number (AMKA) and without any other procedure are entitled to equal access to the public system as the insured.

As far as the participation in pharmaceutical expenditure is concerned, a system combining income and social criteria is introduced to ensure the exemption from participation of the vulnerable social groups. Moreover, for those without Social Security Number (AMKA) such as foreigners, temporary residents and refugees a special card is provided from Hospitals, with a six-month period for their healthcare coverage. This card will be renewable.

The Article 61 of same law establishes the institution of “Health Ombudsman” to assist the vulnerable population groups to remove barriers in order to access the State Health System Services. The ombudsman are appointed by the Minister of Health, they are persons of recognized standing and experience in the local community or with vulnerable population groups to which they offer their services. The institution of “Health Services Coordinator” for vulnerable groups is established with a task to cover the health needs and access to health services. The Coordinator is appointed by the Minister of Health, he/she is the health professional in the community or public health, who is serving in the Primary National Health System in Hospitals of National Health System and other health services, public or supervised and subsidized in whole or in part by the State, Funds or units.

·         Bearing in mind these considerations, the Committee requests the Government to refine the method currently used for the determination of the reference wage of the standard beneficiary under Articles 65 and 66 of the Code. Please refer for details to the attached ILO technical note, update the statistical information used in the note, indicate the precise source of the statistical data used for future reference and provide copies of the corresponding provisions of the collective agreements.

Article 65 (6) a

The skilled male worker, according to the IKA-ETAM Department of Statistics and Actuarial Studies belongs to:

Economic activity: Manufacturing except electrical engineering (ref. 29)

Occupation: Turner or Fitter (code 74).

The fitter are most men in Economic Activity 29, but both disciplines within the same Collective Agreement (Metal Technicians).

The wage of the skilled worker is determined by the collective agreement and according to the income from regular working hours and includes every periodical payment (monthly salary, unhealthy work benefits and the family allowance) during the contingency.

 In the above context, until now the (monthly) reference salary was calculated according to the collective agreement of "technicians Metal & Metal Employees & Metallurgical Enterprises throughout the country," valid until 08/15/2016, which calculates the lowest wage that can be paid to the worker affiliated to it. Since the agreement provides for increases depending on the family situation (marriage allowance) and seniority of the employee (recognizes up to 7 classes), the reference salary was adjusted according to the requirements of the case, resulting in a single skilled metal craftsman (turner - fitter) have a lower salary at the beginning of his life working against the salary that would have been married after 30 years of employment. So, when the recipient type is a man of retirement age with spouse belongs to 16th insurance class, whereas when the beneficiary man has wife and two children and one insurance day, belongs to the 13th insurance class.

The General Secretariat for Social Security of the Ministry of Labour, Social Security and Social Solidarity and the Department for Statistics and Actuarial Studies of IKA-ETAM, are currently examining and working on the establishment of a new reference wage, with the assistance of the ILO.