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,    15.11. 2017 Ref. No: F. 65130/32126/1758
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

                  35^th annual report (Period from 1 July 2016 to 30 June 2017).

Dear Sirs,

Please find enclosed the 35^th annual report of Greece on the application of the European Code of Social Security (article 74 of the Code).

We are at your disposal for any further cooperation.

Kind regards, A.                 Petropoulos Deputy Minister of Labour, Social Security and Social Solidarity

Enclosed: National Report on the Application of the accepted parts of the ECSS

35^th (THIRTY FIFTH) ANNUAL REPORT

ON THE APPLICATION OF THE

EUROPEAN CODE OF SOCIAL SECURITY

GENERAL REPORT

FOR THE PERIOD FROM 1 JULY 2016 TO 30 JUNE 2017

(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 1^st 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:

New Social Security Law 4387/2016 (Gazette Α΄85/12-5-2016) and

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, article 54 of the Law 3528/2007.
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). Articles 2, 7, 8, 9, 13, 14, 16, 27, 28, 29, 94 of Law 4387/2016 (Government Gazette A, 85) A) National pension (Articles 2, 7 of Law 4387/2016) B) Old age pension (2, 8, 9, 13, 14, 16, 27, 28, 29, 94 of Law 4387/2016)
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) Article 31 of Law 4387/2016 (Government Gazette A, 85)
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, article 52 of the Law 3528/2007. Article 52 of Law 3528/2007.
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). Articles 11, 16 of Law 4387/2016.
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) Articles 12 and 16 of Law 4387/2016 and related Circulars

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.

PART I  - General provisions

General description of the new Greek Social System

1.                  Establishment of the Unified Social Security Fund (EFKA)

Following the provisions of the Law 4387/2016 (Gazette t. A no. 85 / 12-5-2016), Greek social security system is redesigned as a Single Social Security System based on the general principles of ensuring decent living and social protection in terms of equality, social justice, redistribution and intergenerational solidarity. The aim was to achieve equality, by establishing uniform rules for all, old and new insured (before and after 1.1.1993), employees in the private and public sectors, employed and self-employed, as well as social justice for precarious social groups through the national pension and the high replacement rate intended for precarious social groups.

A basic innovation of the new social security system is the establishment of the Single Unified Social Security Fund (EFKA), which started operating from 1-1-2017. It consolidated the Main Social Insurance Institutions, in order to cover the insured persons for risks provided by relevant legislation and granted in accordance with the mentioned law: 

A.                  monthly main pension, old-age, invalidity, survivor’s provided to the  insured person and/or the members of his/her family, 

B.                  early retirement benefit,

C.                  sickness benefits in cash (benefits in kind are provided by the EOPYY), 

D.                 special welfare benefits, and 

E.                  any other benefit in cash or service under the competence of EFKA (Article 53).

The Social Security Funds that are integrated into EFKA are:

1. Social Insurance Institute - Unified Insurance Fund for Employees (IKA - ETAM)

2. Insurance Fund for Mass Media Employees (ETAP - MME)

3. Insurance Fund for Independent Professionals (ETAA)

4. Social Security Organisation for the Self-Employed (OAEE)

5. Agricultural Insurance Organisation (OGA)

6. Mariners’ Insurance Fund (NAT)

7. Insurance Fund of Bank Employees and Public Utilities Services (TAYTEKO)

8.  Unified Insurance Fund for Bank Employees (ETAT)

9. Also, integrated into EFKA are pensions that fall under the competence of the Directorate-General for the Administration of Pensions of the Public Sector of the General Secretariat for Financial Policy of the Ministry of Finance (special system for civil servants, public servants and military personnel).

It should be noted that NAT and OGA maintain their independent legal personality for the exercise of their non-insurance competences after their accession.

It should also be noted, that the provisions of the Law 4387/2016 keep in force the general, special and statutory provisions of the social security institutions which provide for the compulsory insurance under their fund.

Pension (retirement) benefits

Second major change is the new design of the pension, which consists of the national and the contributory part of pension, starting with 13-5-2016. It means that the old age, invalidity and survivor’s pensions are going to be constituted from the national pension and the contributory part of the pension, the sum of which is the new main pension.

a.                   The national pension is not funded by insurance contributions but directly from the state budget. Its full amount is set at € 384 per month and it is paid in full if two requirements are reached the same time: at least 20 years of contributions and 40 years of residence in Greece. The amount of the national pension is reduced by 2% for each year needed to complete the 20 years, provided however, that at least 15 years of insurance have been completed. It should be noted that if the insured person has not completed at least 20 years of insurance, or in case that the insured does not complete a full year of insurance, the national pension shall be the sum corresponding to the whole year, while for the remaining months or days of insurance a proportionate amount shall be paid (Article 7 of the Law 4387/2016). If the insured did not compete 40 years of residence in Greece, the final amount of national pension again decreases proportionally.

The invalidity pensioners are excluded from the condition of residence in the country, as well as persons retired according to the provisions of Law 612/1977 (blind, paraplegic, etc.) or other provisions referring to those. The mentioned groups are required to complete only 15 years of legal and permanent residence.

b.                  The contributory part of the pension is calculated on the basis of pensionable earnings, overall insurance period and annual replacement rates. For the calculation of the contributory part of the insured person's pension, the average monthly salary, the lifetime income (Articles 8 and 28), and in particular the income from the period from 1^st of January 2002 until the date of the retirement application are taken into account.

It should be mentioned in addition, that the following provisions of the Law 3863/2010 were abolished:

·                     articles 1 to 4 of Law 3863/2010(which established the main pension as a sum of two parts, the basic and the proportional pension, that should have been paid starting with from 1-1-2015), as well as 

·                     the article 3 par. 3 of Law 3863/2010 (art. 28 par. 4 of Law 4387/2016), concerning the minimum amount of the sum of the basic and proportional old age pension  in case of 15 years of contributions.

For the insured, whose calculation of the old-age pension is made under the new legislative framework of Law 4387/2016 (main pension is the sum of two parts of the national and the contributory pension), there are no thresholds.

There is an exception to this is provided for pensioners who receive the invalidity pension due to an accident at work, or an occupational disease (under Article 31 of Law 4387/2016). In such cases, the pension may not be lower than the amount corresponding to the double National Pension granted after twenty years of insurance (384X2 = 768 €).

3.      Maximum pension amount

A maximum pension amount that can be paid is introduced for the persons who became pensioners according to the legislation prior to the Law 4387/2016. Until 31-12-2018, the amount paid for each individual monthly pension may not exceed EUR 2,000 and the payment of more than EUR 2,000 is suspended until 31-12-2018. Where a pensioner is entitled to two or more pensions from the State, the Public Entity or any other primary or supplementary insurance institution, the sum of the net amount may not exceed € 3,000. On the other hand, for the pensioners who will receive their pension based on the new method of calculation (national and contributory) there is no maximum pension set by the law (Article 13).

4.                  Employment of Pensioners

The provisions concerning the employment of pensioners have been amended and under the new regime pensioners who receive pension based on their own contributions (not the survivor’s pension) and take up employment or become self-employed from 13-5-2016 onwards, for as long as they are active, receive the gross pensions, both main and supplementary reduced by 60%. For those who had taken up work before or on 12-5-2016, the provisions of Art. 63 of Law 2676/1999 are applied as in force after their amendment by the Law 3863/2010.

The pensioners are obliged to declare to EFKA and ETEAP (Unified Fund for Supplementary Insurance and Lump sum Benefits) that they are about to take up an employment. Failure to do so entails imputing to the pensioner the amount to be withheld during the period of his work increased by an annual interest rate of 4.65%. The amount charged is withheld from future pensions, so it does not exceed ¼ of the amount of the monthly pension (Article 20).

5.                  Parallel insurance

The provisions on parallel insurance were also amended. It is established that the insured persons, irrespectively of their initial affiliation with a social security institution, who were compulsorily insured with one or more social security institutions or insurance sectors,  based on general, specific or statutory provisions, as in force until the entry into force of the Law 4387/2016, which now fall under the competence of EFKA, pay for each occupation the prescribed insurance contributions as determined.

In particular, for the pursuit of activities for which (under the provisions in force on 12-5-2016) the insured person was subject to the insurance of more than one fund, sector or branch of insurance belonging to EFKA, contributions are paid for each and every occupational activity undertaken. In that case, the obligation for minimum contribution is not in force for the additional activities, but only for the first one.

In the case of dependent employment and self-employment of persons in activities that belong to the social security fund, sector or branch in the competence of EFKA (under the provisions in force on 12-5-2016), the monthly social security contribution is based on the income of the employee as for the dependent employment, the income of the self-employed activity as for that activity. 
In the case where an employee who, under the provisions in force on 12-5-2016, was subject  to two or more funds, sectors or branches belonging to EFKA, he / she pays a monthly contribution as an employed person (Article 36).

6.                  Employers’ insurance contributions

Uniform social security contributions are established for employees insured with EFKA and their employers and the ceiling for their insurable earnings is regulated for the purpose of calculation of the social security contributions of the employees of the main insurance institutions that are integrated into EFKA from 1-1-2017.

In particular, the highest amount of insurable earnings taken into account for the calculation of the monthly social security contributions of employees and of employers is consisted of ten times the amount of the basic minimum wage of an unmarried employee, and ten times the amount corresponding to the basic salary of a unmarried person over 25 years of age, as foreseen by the provisions in force. Pursuant to the provisions of Article One paragraph 3 subparagraph IA.11 of Law 4093/2012, the minimum basic salary of an unmarried person over 25 years of age is set to € 586.08. Consequently, the maximum amount of insurable earnings for the calculation of the monthly social security contribution of employees and employers amounts to € 5,860.80.

The above ceiling also applies to multiple salaries or amounts paid based on a contract, but only to the insured person's contribution (Article 38).

The social security contributions of the employees for healthcare are set at 7.10%, for all the types of remunerations, and according to the paragraph 2 of the same article, the contribution of 6.95% is set on the insurable income from the activity, as a contribution for the healthcare care for the independent professionals and the self-employed.

7.         Insurance contributions of self-employed and farmers

From 1/1/2017, the monthly contributions of the insured with the OAEE (Social Security Organization for the Self-Employed), ETAA (Unified Insurance Fund for Independent Professionals) and OGA (Agricultural Insurance Organisation) will be calculated based on the income earned from the professional activity during the previous tax year.

The amount of the above income may not be lower than the minimum basic salary of an unmarried employee older than 25 years (currently € 586) and may not exceed the ten times amount of the mentioned salary (currently € 5.860). In particular, for the insured with OGA, the monthly income may not exceed 70% of the minimum basic salary for an unemployed person older than 25 (currently € 410.00).

The social security contribution for main pension amounts to 20% for the OAEE and the ETAA. For OGA it is gradually increased from 1-7-2015 to 31-12-2021, so that it reaches 20% from 1 January 2022 and afterwards, in order for the insured not to be suddenly overburdened.

Also, the social security contribution for healthcare of farmers and independent professionals, under the article 40 of Law 4387/2016, who are insured with OGA, is gradually increased and shaped as follows:

a) from 1/1/2016 to 31/12/2016 from 2.50% to 3.61% of the insurance categories existing at the time of the entry into force of the Law 4387/2016 and

b) from 1/1/2017, the insurance contribution for the healthcare of the self-employed persons is set at 6, 95% of the insurable income from the professional activity.

8.        Healthcare contributions of pensioners

An uniform way for calculation of the healthcare contribution of pensioners covered for the healthcare benefits by EOPYY (National Organization for Healthcare Services Provisions), (Article 44), has been defined and set as follows:

a) from 1/7/2016 at 6% of the amount paid for the main pension, with the deduction of  the amount corresponding to  the Pensioners’ Solidarity Contribution, and

b) from 1/1/2016 at 6% of the amount paid for the supplementary pension, with the deduction of the amounts corresponding to the Special Contributions for Pensioners of Supplementary Insurance. The pensioners granted the non-residential care benefits are excluded from the obligation to pay the above contribution.

Article 6

The voluntary insurance according to the Article 18 of the Law 4387/2016 is as follows:

a.                  - The insured has completed 1500 days of insurance, out of which, the 300 days within the last five years before the submission of the request or.

-                     The insured has completed 3000 days of compulsory insurance regardless of the time of the submission of the request.

b. 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

Article 7

No changes. The following was reported last year:

The article 33 of the Law 4368/2016 (Government Gazette 21/A), established 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

No changes. The following was reported last year:

A.  Use of sub-paragraph (a) for the systems based on employment.

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 is the other spouse.

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

Additional comment for the reporting period July 2016-June 2017:

The provisions of paragraph (10) of article 48 of Law 3996/2011 regarding the persons considered as family members also apply to the employees or pensioners of the Public Sector.

C.  Statistical data (Article 74)

Number of the protected persons (Employees and Pensioners) according to the former IKA-ETAM database
Year	2011	2012	2013	2014	2015
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

No changes. The following was reported in previous reporting periods:

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 1^st 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

No changes since the previous report, except for the underlined:

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 01/03/2017 to 28/02/2018, according to the par. 1 of article 61 of the Law 4461/2017 (A38), 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.

As regards the public sector, the insurance coverage and entitlement to sickness benefit shall be evidenced by the presentation of a certificate of service or public servant oath protocol and the beginning of the payment of contributions.

The insurance capability expires at the moment of termination of the employment or the discontinuation of retirement.

For actively insured persons, the insurance capacity is valid until the termination of their employment relationship, while for pensioners indefinitely and expires on the day of their death.

Article 12

No changes since the previous report, except for the underlined:

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.

For directly insured active persons, the insurance coverage for healthcare benefits is valid until the termination of their employment relationship (indefinitely valid), while for the pensioners it is valid indefinitely and it ends on the day of their death.

PART   III   –   SICKNESS   BENEFIT

Article 15

No changes since the previous report, except for the underlined:

A.  Use of sub-paragraph (a) is made.

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

As regards the public sector, in accordance with the provisions of the Article 54 of the Code of Civil Servants and Employees of the Legal entities of the public sector (Law 3528/2017), the sick leave is granted to an active employee who is sick or needs to recover and has completed the period of Service of at least six (6) months.

Fixed-term contracted employees working in the public sector are insured for sickness benefits with IKA-ETAM and according to article 35 of the Law 1846/1951 (A179), only those directly insured with IKA-ETAA are entitled to the sickness benefit in cash.

C.   Statistical data (Article 74)

Sickness Benefit

Year	2013	2014	2015	2016	2017
Number of insured persons who made use of the right to the sickness benefit	188,836	143,398	176,449	183,506	183,300
Days of sickness benefit	3,025,740	2,742,224	3,067,910	3,177,459	3,174,000

Remarks:

1. The number of insured persons is roughly based on the number of sickness subsidy decisions.

2. Data for 2017 is an estimate.

Article 16     

No changes since the previous report, except for the underlined:

In order to calculate 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 €.

As regards the public sector and according to the Article 54 of the Code of Civil Servants and Employees of Legal Entities of public sector, during the employee's absence due to the sick leave, his / her regular salary is paid.

Fixed-term contracted employees working in the public sector are insured for sickness benefits with IKA-ETAM and for the calculation of sickness benefit the rules for those working in the private sector are applied.

Article 17

No changes since the previous report, except for the underlined:

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.

As regards the public sector, the employee must complete a service period of at least six (6) months in order to be eligible for the benefit.

Fixed-term contracted workers working in the public sector are insured for sickness benefits with IKA-ETAM and the rules for the private sector employees apply.

Article 18

No changes since the previous report, except for the underlined:

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.

As regards the public sector, an employee who has completed a service period of at least six (6) months and is ill or needs to recover is entitled to a sick leave with earnings of as many months as the number of his years of service. From the total possible duration of the sick leave, the days of the sick leave that the employee has received during the previous five years is deducted. Also, the uninterrupted sick leave cannot exceed twelve (12) months.

In the case of non-treatable illness, the length of the sick leave to which the employee is entitled is doubled.

Fixed-term contracted employees working in the public sector are insured for sickness benefits with IKA-ETAM and the rules for the private sector employees apply.

PART V     -       OLD   AGE    BENEFIT

There were changes that took place according to the Law 4387/2016.

Article 26

The pensionable age, for both private and public sector, 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.

For both private and public sector, for the pensioners entitled to their own pension based on their own contributions, who take up or work or begin an activity (employees or self-employed) from 13/5/2016 (Article 20 of Law 4387/2016) onwards, the gross main and supplementary pensions are reduced by 60% for as long as they are employed or retain their status or activity. If the above-mentioned pensioners take up employment or work in General Government Bodies, the payment of their pension or pensions, main and/or supplementary is suspended for as long as their work or services or their activity lasts.

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) former IKA-ETAM database for employees
Year	2013	2014			2015		2016		June 2017
Number of pensions	800,354	806,496			811,185		809,874		805,515

Note: The data for 2016 is estimated.

All the insured:

Year/Month	2011	2012	12/2013	12/2014	12/2015	12/2016	06/2017
Number of pensioners	-	-	1.994.840	1.983.010	1.986.069	1.976.162	1.957.483
Number of pensions	-	-	1.997.241	2.000.635	2.008.209	1.999.108	1.980.260

Source: IDIKA (ΗΔΙΚΑ)

Article 28

The contributory part of the pension is calculated on the basis of pensionable earnings (as defined by the provisions of the Article 28 paragraphs 2 and 3), the overall insurance period (as defined in the Article 34) and the replacement rates per year as derived from the Table of the Article 8 paragraph 4 of the Law 4387/2016 which is presented below:

YEARS OF EMPLOYEMENT                          REPLACEMENT RATES

0 - 15                                                              0.77%

15.01- 18                                                        0.84%

18.01- 21                                                        0.90%

21.01- 24                                                        0.96%

24.01- 27                                                        1.03%

27.01- 30                                                        1.21%

30.01- 33                                                        1.42%

33.01- 36                                                        1.59%

36.01- 39                                                        1.80%

39.01- 42 or over                                          2,00%

The replacement rate for each insurance (contributions) period corresponds to the percentage indicated in the right column of the table.

The contributory part of the pension corresponds to the amount calculated taking into account the yearly replacement rates for each insurance period during the total years of employment as well as the pensionable earnings. The pensionable earnings are calculated as the average monthly salary over the entire insurance period.

It should be noted that, for pension applications submitted from 13 May 2016 onwards, the pensionable earnings are considered to be the average monthly salaries of the insured person from the year 2002 until the submission of the application.

The recourse is had to the provisions of article 65.6.b. It is reported under the article 65.

Article 29

No changes since the previous report, except for the deleted paragraph and the underlined one.

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:

Retirement applications submitted up to 12-5-2016 are deemed to have been in effect until 31/12/2014, while pension applications submitted from 13-5-2016 are considered by the provisions of Law 4387/2016.

Article 30

The provisions of Article 20 of Law 4387/2016 on the employment of pensioners apply, as reported under the article 26.

Direct suspension in case of work or activity in General Government Bodies.

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

No changes, except for the underlined.

A.                Categories of protected persons: all employees insured with former 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(article 12, law 4386/2016), 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	2013	2014			2015		2016		June 2017
The number of pensions due to the accident at work or occupational disease	4,308	4,179			4,130		3,982		3,885
Note: The data for the 2017 is estimated.

Article 34

In case of an accident, the insured (private and public sector) 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

No changes:

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. Reported under article 65.

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

Article 37

No changes:

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 person’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

No changes since the previous report, except for the underlined (the note for the public sector):

1. In case of sickness due to an accident, all employees who have at least one day of insurance with former 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.

Note for the public sector:

The concept of an accident at work and the consequent disability does not exist for the employees in the public sector. Those entitled to a retirement pension due to incapacity to work or death (of the insured they were dependents of), which has been clearly and unquestionably caused by the Service and therefore the insured remains subject to the State pension and retirement scheme and their pensions are settled on the basis of those in force at the time of entry into force 4387/2017 pension provisions, are paid by the State and are not subject to the EFKA (Article 4 par. 3 of the Law 4387/2017). It should be noted that until the time of the relevant accident or death, the relevant contributions are paid on account of EFKA.

There is no waiting period for the provision of the medical care referred to in Article 34 hereof.

PART VIII – MATERNITY   BENEFIT

Article 48

No changes since the previous report, except for the underlined:

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).

As regards the public sector, the direct and indirect insured persons of the Branch of Public Sector of IKA-EATAM are covered for health care benefits in kind by EOPYY according to the Single Health Benefit Regulation (EKPY).

C.  Statistical  data (Article 74)

Maternity Benefit
Year	2013	2014	2015	2016	2017
Directly Insured	27,454	27,217	27,800	28,245	28,200
Indirectly insured	0	0	0	0	0
Days of granted benefit	3,283,127	3,248,653	3,372,298	3,452,361	3,400,000

Note: The data for 2017 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

No changes:

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

No changes since the previous report, except for the underlined:

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.

As regards the public sector, the employees who are pregnant receive full maternity leave two (2) months before and three (3) months after childbirth. In the case of a child beyond the 3rd, the postpartum leave is increased by two (2) months.

Article 51

No changes since the previous report, except for the underlined:

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.

As regards the public sector, for the benefits under Article 49, the conditions for granting them are set out in Article 11 (Part II - Medical Care).

Paid maternity leave is granted to active employee.

The fixed-term contracted employee in the public sector is insured for sickness benefits with IKA-ETAM, under same conditions that apply for the private sector.

Article 52     

No changes since the previous report, except for the underlined:

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 former IKA-ETAM.

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.

As regards the public sector, the employees who are pregnant receive full maternity leave two (2) months before and three (3) months after the childbirth. In the case of a child beyond the 3rd, the postpartum leave is increased by two (2) months.

The fixed-term contracted employees the public sector are insured for sickness benefits with IKA-ETAM under the same conditions as those employed in the private sector.

PART   IX   -    INVALIDITY     BENEFIT

Article 54

No changes since the previous report, except for the underlined:

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.

As regards the public sector, according to the article 165 par. 2 of the Law 3528/2007 no minimum percentage of invalidity is required. In the case of the use of these provisions, the employee is dismissed from the Service, after consulting the Secondary Health (Medical) Committee, which determines his/her ability to work or not, without mentioning any degree of disability.

If the employee withdraws before the retirement age but has a right to a pension, he/she will be paid only if the incapacity is at least 67% (Article 56 par. 3.b.aa  of Presidential Decree 167/2007).

Article  55

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

B.  The employees insured with IKA-ETAM.

C.    Statistical data(Article 74)

Invalidity Pension according to the database of former IKA-ETAM (EFKA)
Year	2013	2014			2015		2016		June 2017
Number of Pensions	114,274	114,426			116,293		109,301		108,059
Note: The data for the 2017 is estimated.

All the pensioners:

Year/month	12/2013	12/2014	12/2015	12/2016	06/2017
Number of pensioners	233.616	227.767	234.025	227.383	222.882
Number of pensions	271.880	265.711	271.655	264.169	258.758

Source: IDIKA (ΗΔΙΚΑ)

Article 56

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

It is reported under the article 65.

Article 57

No changes since the previous report, except for the underlined:

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

As regards the public sector, if the employee is dismissed for physical or mental incapacity which is not related to the Service, he/she must have at least five (5) years of actual pensionable service (article 1.3 of the Presidential Decree 169/2007).

 If he/she is permanently dismissed from the Service because he/she became physically or mentally incapacitated by a trauma or illness that was obviously and unquestionably caused by the Service, no minimum service time is required (article 1.6 of the Presidential Decree 169/2007).

Article 58

No changes:

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 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

The conditions for granting a survivor’s pension to the beneficiaries of a pensioner or insured person if the death occurred from 13 May 2016 onwards are set by the article 12 of the Law 4387/2016 which introduced uniform principles and rules for all insured persons irrespective of the original social security fund. Any other statutory or general provision regulating the issue in different manner is abolished with the same date.

In order to receive a survivor’s pension due to the insured person's death, the deceased should at the time of death have completed the conditions for receiving an old-age or invalidity pension, full or reduced, as set for the insurance fund and for the category of insured (old insured or new insured).

Beneficiaries are the surviving spouse, legal children, legalized, recognized, adopted and other children with same rights as those, as well as the divorced spouse under the following conditions:

(A) For the surviving spouse, the age limit for the entitlement to a survivor’s pension, is set at 55 and it needs to be reached at the time of the death of the insured or the pensioner, in order for the pension to be granted for a lifetime (and if the conditions for its cessation mentioned in paragraph 3 of the same provision do not apply).

If the death occurs before the age limit is reached, the pension is paid to the surviving spouse for a period of three years. After three years, it is checked whether or not the surviving spouse reached the age of 55.

If after the three-year period, the surviving spouse reaches the age of 55, the pension is discontinued as soon as the three-year period is completed and re-commences at the age of 67.

If the 55th year is not reached during the three-year period, the pension is discontinued at the end of the three-year period and will not continue at the age of 67.

However, if the surviving spouse has children (case 1B of the article) who at the time of death of the insured or pensioner are unmarried and have not reached the age of 18 or the age of 24 if studying or are unmarried and unable to work, or if their incapacity occurred before they reached the age of 24, or the surviving spouse is incapable to carry out any gainful employment due to degree of incapacity of 67% or more. For as long as those conditions are met, the survivor’s pension continues to be paid.

If the surviving spouse does not reach the age of 55 during the three-year period but still receives a survivor’s pension beyond three years, on the ground of the children who are minors, studying or incapable of any gainful activity, the payment will be suspended if those conditions cease to exist, but it shall be reassigned, however, when the survivor reaches 67 years of age.

B) Legal children, legalized, recognized, adopted or with the same rights as those children are entitled to the survivor’s pension if:

(1) They are single and have not reached 18 years of age or 24 years of age if they attend higher or highest educational institutions at home or abroad (even if they are studying for a second degree, postgraduate or doctoral degree), or Vocational Training Centers.

As a result, the right to retirement of adult unmarried daughters under Article 9 (1) of Law 3865/2010, in combination with the provisions of article 14 par. 3 of Law 3863/2010, is abolished.

(2) If at the time of death of the insured person or pensioner the child is unmarried and incapable for any gainful activity, if the incapacity occurred before the age of 24, in which case the pension is still paid after the age of 24 and for as long as incapacity lasts.

Note that the child's incapacity is examined at the time of death of the insured and not later on. For example, the death of the insured or pensioner occurs on 8/1/2017 and leaves a child aged 15. This child becomes incapacitated for any livelihood work on 16/5/2019, that is to say, before reaching the age of 24. However, since she/he was not incapacitated at the date of death of the insured, she/he will receive a pension until  the age of 18 or the age of 24 if studying.

C) For the divorced spouse, the same age-related conditions for granting the pension apply as to the surviving spouse (paragraph 1A of the above article), but with the following additional conditions, which must be cumulatively fulfilled:

(1) the former spouse was, at the time of death, paying or obliged to pay the divorced spouse the spousal support (alimony) fixed by either a court order or a contract between them,

(2) 10 years of married life have been completed, pending the final termination by marriage,

 (3) the divorce is not due to a severe impairment of marital living under the responsibility of the claimant,

(4) the divorced spouse's average individual taxable income does not exceed twice the amount of the Social Solidarity Benefit for Uninsured Persons of very old age (Article 93.4 of the Law), ie EUR 720; and

(5) no other marriage or a cohabitation agreement has been concluded since.

Consequently, for the divorced spouses who meet the additional criteria the provisions for the surviving spouses apply accordingly (granting of a survivor’s pension after reaching the age of 55, retirement for three years, discontinuance and re-granting at the age of 67, or permanent discontinuation of pension).

As regards the public sector:

In the event of the death of a pensioner or an insured person who has completed the insurance period required for retirement on his or her own right or incapacity, the surviving spouse is entitled to a pension if he has reached the age of 55 at the time of the death of the pensioner or insured person.

If the death occurred before reaching the age of 55 of the surviving spouse, a pension is paid to him for a period of three (3) years.

If the beneficiary reaches the age of 55 at the time of receipt of the pension, the payment is discontinued at the end of the three-year period and re-commences at the age of 67 years.

The above limitations shall not apply if and for as long as the surviving spouse has at present a child or children of the present or is incapable of carrying out any gainful employment by 67% or more (ar. 12 Law 4387/2016 ).

The surviving spouse is paid the entire pension for a period of three years from the first following the month of death. After this three-year period, if the survivor is working or self-employed or receives a pension from any source, 50% of the pension is paid. Also, if the surviving spouse, at the date of death, is physically or mentally disabled at a rate of 67% or more, he/she receives the entire pension for as long as his/her disability continues, regardless of other conditions (Article 12 of Law 4387/2016) .

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 – former IKA-ETAM database
Year	2013	2014			2015		2016		June 2017
Number of survivors’ pensions	297,780	300,079			302,129		302,471		304,588
Note: the data for 2017 is estimated.

All the insured:

Year/Month	12/2013	12/2014	12/2015	12/2016	06/2017
Number of pensioners	407.776	403.871	406.345	396.337	396.504
Number of pensions	579.584	587.143	593.673	595.456	597.523

Source: IDIKA(ΗΔΙΚΑ)

Article 62

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

The pensions are reported under article 65.

Article 63

No changes since the last report, except for the underlined:

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 21^st 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.

As regards the public sector, it is sufficient to complete at least five years of actual pensionable service if the insured person died during the Service (art. 5.1 of Presidential Decree 169/2007 and art. 4.1.b and art. 12.1 of Law 4387/2016). If the insured had resigned from the Service, it is necessary to complete a 15-year actual pensionable service (art. 19.7 of Law 2084/1992).

The surviving spouse is not entitled to a pension if the death of the retired or insured spouse occurred before the expiration of five (5) years from the marriage, unless:

(A) death is the result of an accident which has been clearly and indisputably attributable to the Service or manslaughter,

(B) during the marriage a child was born, recognized or adopted,

(C) the widow at the time of death of insured is pregnant and a living child was born,

(D) there is a case of reconstitution of a previous marriage, provided that the marriages,  the initial and the reconstituted during which the spouse died, have lasted for at least five (5) years in total, and the reconstitution has lasted at least six months.

Article 64

The rules for the suspension of the survivor’s pension for both private and public sector are reported above.

PART     XI   - STANDARDS TO BE COMPLIED WITH BY PERIODICAL PAYMENTS

At the time of signature and ratification of the ECSS, Greece had opted for Article 65.6.a, where the reference wage would be that of the turner or fitter. Due to changes in the economy, the ILO proposed the change according to Art. 65.6.b

Greece took under serious consideration, the ILO proposal of changing the reference wage. In the last national report, the reference wage used was still the one chosen at the time of signing and ratifying the Code, which was, according to the article 65.6a, the fitter.

Greece decided to determine a new reference wage using the article 65.6b (together with 65.7) which is the wage of skilled male employee from the industry or economic activity with the highest number of male employees. 

The new reference wage was determined on a recent meeting with an ILO expert Greece invited to Athens, after ILO kindly offered its assistance. 

The economic activities with the highest number of male employees (Wholesale, Accommodation) do not have any manual workers, therefore, it was necessary to move to third economic activity with the highest number of employees, which is Manufacturing (D), in which the group of skilled male employees constitutes around 60% of all employees in manufacturing. In this economic activity EFKA shall identify the wages of skilled male manual workers (ISCO group 7 and 8), and calculates the average wage for this group.

For the national report, actuaries will estimate the benefit level for the standard beneficiary based on the identified wage, where both wage and the benefit are gross values: 

a)  After 40 years of contributions (national level)

b)  After 30 years of contributions (ECSS level)

c)  After 15 years of contributions and required age of 67 (national level)

d) After 15 years of contributions and age of 62 (ECSS level – reduced benefit for early pension)

e) The statistical data for coverage of each contingency (i.e. 80% of all employees, etc.) will be provided in the next report.

         

Article 65

SOURCE:       EFKA

GENERAL DIRECTORATE FOR STRATEGY & DEVELOPMENT STRATEGY

DIRECTORATE FOR STUDIES

Worker Type:           art. 65 (6) b, Manufacturing (D), ISCO 7

Reference Salary:     1,411.61 €

Calculated using the database of 5/2016, is the average wage of all employees based on the above type of worker and refers to 25 days of insurance.

Basic Unit Time:      1 month

Currency Unit:         €

Monthly Retirement Benefit:

It was calculated according to the art. 65 (1). The main pension has been calculated on the basis of Law 4387/2016, while the supplementary pension has been calculated according to the article 96 par. 4 of the Law 4387/2016.

(A) Old-age pensions:

Monthly Reference Wage: 1,411.61

40% of the Reference Wage: 1,411.61*0.40=564.64 euro

1.                 Type of beneficiary: Male, skilled, manual, with spouse and 40 years of insurance – Full pension

Replacement Rate: 40%

Monthly Reference Wage: 1,411.61

40% of the Reference Wage: 1,411.61*0.40=564.64 euro

Pensionable salary after 40 years of contributions 2,927.17 euro

AMOUNT OF PENSION

National pension                                384.00

Contributory pension                     1,252.83

Main Pension                                   1,636.83

Supplementary Pension                     526.89

Sum                                                                2,163.72

Retirement pension replacement rate:  153.28% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement):  73.92%

2. Beneficiary type: male, skilled, manual, with spouse and 30 years of insurance - Full pension

Replacement Rate:  40%

Monthly Reference Salary: 1,411.61

40% of the Reference Wage: 1,411.61*0.40=564.64 euro

Pensionable salary after 30 years of contributions 2,183.62 euro

AMOUNT OF PENSION

National pension                             384.00

Contributory pension                     575.82

Main pension                                   959.82

Supplementary Pension                  294.79

Sum                                                   1,254.61

Retirement pension replacement rate:  88.88% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement):  57.46%

3. Beneficiary type: Male, skilled, manual, with spouse and 30 years of insurance - Reduced pension

Replacement Rate: 40%

Monthly Reference Salary: 1,411.61

40% of the Reference Wage: 1,411.61*0.40=564.64 euro

Pensionable salary after 30 years of contributions 2,183.62 euro

AMOUNT OF PENSION

National pension                             268.80

Contributory pension                     575.82

Main pension                                   844.62

Supplementary Pension                  294.79                                         

Sum                                                       1,139.41

Retirement pension replacement rate:  80.72% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement):  52.18%

4. Type of beneficiary: Male, skilled, manual, with spouse and 15 years of insurance - Full pension

Replacement Rate Limit: 40%

Monthly Reference Wage: 1,411.61

40% of the Reference Wage: 1,411.61*0.40=564.64 euro

Pensionable salary after 15 years of contributions 1,564.01 euro

AMOUNT OF PENSION

National pension                                         345.60

Contributory pension                                 180.64

Main Pension                                               526.24

Supplementary Pension                               105.57

Sum                                                                631.81

Retirement pension replacement rate:  44.76% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement):  40.40%

5.         Beneficiary type: Male, skilled, manual, with spouse and 15 years of insurance - Reduced pension

Replacement Rate: 40%

Monthly Reference Wage: 1,411.61

40% of the Reference Wage: 1,411.61*0.40=564.64 euro

Pensionable salary after 15 years of contributions 1,564.01 euro

AMOUNT OF PENSION

National pension                                         241.92

Contributory pension                                 180.64

Main pension                                               422.56

Supplementary Pension                              105.57

Sum                                                                528.13

Retirement replacement rate:     37.41% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement):    33.77 %

B) Monthly Pension from an Employment injury:

Beneficiary type: Male, skilled, manual, with spouse and two children and one day of insurance

Replacement Rate: 50%

Monthly Reference Wage: 1,411.61

50% of the Reference Wage: 1,411.61*0.50=705.81 euro

Pensionable salary 1,564.01 euro

AMOUNT OF PENSION  

National pension                             345.60

Contributory pension                     180.64

Main pension                                  526.24

Supplementary                                  -

Sum                                                    526.24

                       

Retirement pension replacement rate:   37.28% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement):   33. 65%

* Supplementary Pension is not provided for one day of insurance, according to the Greek legislation.

(C) Invalidity pensions:

Beneficiary type: Male, skilled, male, with spouse and two children and 15 years of insurance

Replacement Rate: 40%

Monthly Reference Wage: 1,411.61

40% of the Reference Wage: 1,411.61*0.40=564.64 euro

Pensionable salary 1,564.01 euro

AMOUNT OF PENSION

National pension                                         345.60

Contributory pension                                 180.64

Main Pension                                               526.24

Supplementary pension                              105.57

Sum                                                                631.81

                                               

Retirement replacement rate:   44.76% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement):    40. 40%

(D) Survivors' pension:

Beneficiary type: widow of a skilled male manual worker with 2 children and 15 years of contributions.

Replacement Rate: 40%

Monthly Reference Wage: 1,411.61

40% of the Reference Wage: 1,411.61*0.40=564.64 euro

AMOUNT OF PENSION

National pension                                         345.60

Contributory pension                                 180.64

Main Pension                                               526.24

Supplementary pension                                105.58

Sum                                                                 631.82

Analysis: 

	main pension	supplementary pension
Widow	263.12	52.79
1st child	131.56	26.40
2nd child	131.56	26.40

Retirement pension replacement rate: 44.76% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement):   40.40%

Part XII

Article   69

No changes, except for the underlined.

The insured person of former 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 former IKA – ETAM  that will be examined before the Local Administrative Committee; set up and operating in each local branch of former 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 former 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.

As regards the public sector, the insured persons for a main pension in the State have the right to appeal to the Court of Auditors within 60 days of the notification of the retirement scheme.

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 former 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

Από 1-1-2017 ισχύουν τα ακόλουθα :

EFKA contributions for main and supplementary funds (1/1/2017):

From 1^st January to 31 December 2017

                                                                                                       Employer             Employee         Total

1.Unified Social Security Fund (EFKA)                            17.88                        9.22                 27,10

2.Supplementary Insurance Branch of  (ETEAEP)         3.50                        3.50                   7,00

3.Other Funds                                                                            3.68                        3.28                    6.96

   Total                                                                                         25.06                      16.00                 41.06

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

PUBLIC SECTOR

From 01.01.2017 the total contribution rate to the pension branch of EFKA, of the insured and the employer is 6.67% by the insured person and 13.33% by the State and Legal bodies of public law, calculated on the pensionable salary of the insured persons, as defined by the provisions in force.

The percentages of insurance contributions (pension) are shown in the table below:

Percentages of social security contributions to the EFKA (Public sector)

Insured           Employer        Total

Pension                                  6.67                 13.33              20.00

Additional contribution

if the insured is subject to

arduous and unhealthy

Professions                            4.30                 -                      4.30

Until 31.12.2016 the employer's contribution for the above was dormant, since their pensions were paid directly from the State Budget, from 1 January 2017 the gradual payment of an employer's contribution was defined as follows:

Year                                        Percentage of insurance contributions

2017                                       3.33%

2018                                       6.67%

2019                                       10%

2020                                       13.33%

For Part VI (occupational accident and occupational diseases), for persons who are entitled to a disability pension or a survivor’s pension which has been clearly and indisputably attributable to the service and therefore, in accordance with the provisions of Presidential Decree No. 169/2007 in combination with those of the P.D. 168/2007, continue to be subject to the public pension scheme (article 4.3.e of Law 4387/2016).

Analysis

Private sector:

Old insured private sector

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%

           

Public Sector

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
Part ΙΙΙ
Part V	13.33%	6.67%
Part VI*
Part VIII
Part ΙΧ	Covered by the contribution of Part V
Part Χ	Covered by the contribution of Part V
Total

4.   PRIVATE SECTOR

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.

PUBLIC SECTOR

Total column B represents about 50% of 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.

PUBLIC SECTOR

    Social security in Greece is constitutionally guaranteed (No. 22, paragraph 5 of the Constitution) and the employee is obliged to be insured in the respective sector of the EFKA.

6.  No changes since the previous report:

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 1^st 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%

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.

-