H. Bambang Purwoko Member of National Council for Social Security System (DJSN) and Professor of Pancasila University s Faculty of Economics

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1 1 Problem and Challenges in the Implementation of Indonesia s Upcoming Public Pension Scheme based on the Law No 40 of n a National Social Security System H. Bambang Purwoko Member of National Council for Social Security System (DJSN) and Professor of Pancasila University s Faculty of Economics A series of Country Level Consultations organized by ILO in collaboration with UN Economic Social Council on February 2015 in Hotel Borobudur-Jakarta

2 2 CONTENTS 1. What does Indonesia s public pension look like? Problems of Implementation in Public Pension, The Objective of Indonesia Public Pension, Implementing Strategy of Public Pension, Conclusion and Recommendation, Limited Bibliography,... 17

3 3 1. WHAT DOES INDONESIA S PUBLIC PENSION LOOK LIKE? Indonesia s public pension as a social security pension (SSP) shall refer to the Law No 40 of 2004 on a National Social Security System (NSSS) while its operations shall comply with the following sections: - Section 2: Three aspects of NSSS, that is civilization, dignity and fairness for all. - Section 3: The aim of NSSS is to provide basic benefits sufficiently both in kinds and in cash for all members and their families. - Section 4: Nine Principles of NSSS: a. Social slidarity b. Not-for-profit c. Transparency d. Conservatism e. Accountability f. Portability g. Compulsory membership h. Trusted funds or assets i. Investment returns for programs development and the members interst

4 4 - Section 39 (1): SSP shall be operated on a social insurance and compulsory saving mechanism. - Section 39 (2): SSP shall be managed to maintain a need of living sufficiently at the time of the employees having loss of income due to their retirement or permanent disabled. - Section 39 (3): The type of SSP is a defined benefit plan. - Section 40: The membership in SSP is any employee paying the contribution. - Section 41 (1): The benefit of SSP is any regular payment of cash as given monthly to the retired both for his or her old age pension, widow (er) pension, and the heirs pension until the children having age Section 41 (2): Any employee(s) or the heirs shall be entitled to monthly benefit with the qualification of at least 15 years of contribution which needs to be met. - Section 41 (3): The size of SSP benefits for the retired shall be prepared on specified formula.

5 5 - Section 41 (5): In case of the employee having a retirement age with less than 15 years of contribution, the concerned employee is entitiled to lump-sum payment. - Section 41 (7): The pension benefit shall be given to any employee having disability because of work accident irrespective of whether the concerned employee has met 15 years of contribution or not. - Pection 42 (1): The rate of contribution to SSP for the salaried employees shall be determined on a certain percentage of wage or earning or a nominal amount then sharing of payment between the employer and employee applies. So the governance and compliance: a. Reference of retirement age for the private sector employees is 55 years while age 60 is being proposed. b. The accumulated contributions of pension shall put into one basket in order to make pooled funds for the (re) payment of benefits to the retired.

6 6 2. PROBLEMS OF IMPLEMENTATION IN PUBLIC PENSION a. From the Point of Economic View i. A proposed economic growth at about 6% in will be hard to achieve, because of the last economic growth being corrected by GOI from 5.7% to 5.5% (Business.com, 2014). ii. The consequence of implementing SSP as a SSP will have the impact of increasing fiscal burden in This is a big problem due to taxrate of about 11% in 2014 (MOF s Board for Fiscal Policy, 2014). For this problem, there is no choice for GOI to create more employment. iii. The number of poverty in 2014 was still high at 86.4 million accounting about 36% to the total population of 240 million meaning that 1 among 3 persons in Indonesia was poor. So a National Social Security System is the most effective way to reduce poverty (DJSN s Policy, 2014). iv. Due to the Lack of a policy coordination among ministerial institutions as happened in the provision of pension for the government employees in the past, so the SSP is designed to all employees to have retirement income in old age in order to reduce poverty in stages.

7 7 b. From the Point of Employment View i. The successful coverage of employees in public pension by NSSS Law No 40 of 2004 depends on the employment condition. However, the employment in Indonesia does not seem to have prospective in ii. The main problems of employment were due to the lack of employment; the problem of employment insecurity; low wages of employees despite in the formal sector and the lack of social security as well (BPS, 2014). iii. The composition of employment between the formal employment and the informal sector was more in informal sector at 63.32% with no wage and social security. c. From the Point of Employer s View i. The resistance of employer in the participation of SSP was the reason two-fold obligation, that is the provision of severance pay by Labor Law of 2003 and sponsoring pension by Private Pension Law of ii. There is no employer s warranty for his or her own employees to be employed in the employment until 15 years.

8 8 3. THE OBJECTIVE OF INDONESIA S PUBLIC PENSION a. The provision of SSP for all current employees is intended to reduce their potential poverty in order for them to have demographic dividend which will happen in the period of b. The SSP is typically a FLAT benefit as the characteristic of social security. c. Weighted data related to wage, year of contribution, age and inflation etc based on a coverage are in use of the benefit-contribution calculation. d. The mechanism of paying benefits shall be based on a pay as you go or cross subsidy among the members except for the provident fund. e. Sources of fund mainly derive from the members contributions. g. The withdrawal of pension benefit shall refer to retirement age at 55. h. The requirement for pension withdrawal is at least 15 years of contribution which need to be met by the employees. i.. The pension contribution in the first stage in 2015 is 8% which refers to the case of Philippines, Trinidad and Tobago with 8.4%, then it is subject to increase according to the economic progress.

9 9 How to prepare rates of contribution to SSP for the employees efectively? a. Determine first subjectively, that is 8% using pension data which happens in the Philippines, Trinidad and Tobago with 8.4% contribution. b. Use time index, that is ratio between years of contribution (c) and years of having benefits (b) and the ratio must be >1, then prepare basic contribution at between 5-8%. The following in Table 1 is the outcome of contribution at between %. Table 1 The Outcome of Calculated Contributions to the Public Pension No Years of Years of having Time Index Basic Basic Contribution benefit contribution contribution (1) (years) (2) (years) (3) (4)=(2)/(3) of 5% (5)=(4)0.05 of 8% (6)=(4) Avg

10 10 Table 2 Replacement Rates by Percentage of Benefit and years of contribution No Percentage of benefit Years of contribution (years) Avg Table 3 The contribution to SSP-NSSS by the composition of members a proposed replacement rate No Composition active employees and the retired Proposed Replacement Rate (%) : : : : Avg

11 11 Table 4 Reference of 5 x Earnings Not as Tax Object (ENTO), Upper and Lower Limits of Earnings and Benefit Size of Public Pension No ENTO in Variety of Increasing Monthly benefit place of Earning (Rp Replacement Rate of Public Pension Wages Million) due to dereasing (IDR million) (0) (x) (1) (2)=(1)(2) earnings (%) (3) (4)=(2)(3) Source: Purwoko, 2014 Earning not as tax object (PTKP) for the lowest wage is IDR 2 million in place of province minimum wage (pmw), because of inconsistent pmw which happens in the respective provices.

12 12 Table 5 Roughly Projection of ENTO by Upper and Lower Limits of Earnings on Annually Average Inflation of 5% (IDR Million) No Source: Purwoko, 2014

13 13 Table 6 Roughly Projection of Monthly Pension Benefit as on Annually Average Inflation of 5% (IDR Million) No Source: Purwoko, 2014

14 14 4. IMPLEMENTING STRATEGY OF PUBLIC PENSION Let us define the implementation of strategy as the preparedness of GOI and NSSC or DJSN to do the following actions in stages: a. To comply first with the NSSS Law No 40 of 2004 s Sections 2-4 and with regard to a National Social Security (Pension) System; b. To extend coverage of employees in public pension as a priority action based on the Law No 40 of 2004 with no option; c. To design the financing method of public pension as accepted by all stakeholders (the government-employer and labor); d. To make cut off toward the existing pension program, for example for the new entry in public pension is effective for new employees only; e. To give top priority for all employees with no pension at all to be participated in public pension as the action plan for the National Social Security Agency for Employment (BPJS Ketenaga-kerjaan); f. To exercise control by DJSN over the implementation of social security pension as operated by BPJS Ketenaga-kerjaan; g. To prepare the contribution rates to pension as scheduled to increase in stages (see table 7); h. Last but not least to maintain the relationship with stake-holders while developing healthy culture following strategies that lead to better provision of a social security (pension) for all employees.

15 15 Table 7 Proposed Contributions, Shared Funding and Replacement Rates Proposed contributions 8% 10% 12% 14% 16% 2. Shared funding a. Employer 5% 6% 7% 8% 9% b. Employee 3% 4% 5% 6% 7% 3. Proposed replacement rates 4. Proposed pension age 33% 40% 48% 56% 64% Scheduled implementation Starting with care ILO recommend -ation In line with Section 3 NSSS Law In line with Section 3 NSSS Law Stop or continue? Source: Purwoko, 20 February 2015

16 16 5. CONCLUSION AND RECOMMENDATION Let us remind Wise English proverb we forget, that is if you are not part of the solution, you are part of the problem: a. As we are aware, the elderly poverty cannot be resolved by providing more cash-transfer (BLT). So the solution to this next problem is your solidarity to participate directly in public pension under NSSS Law No 40 of b. Universal Statement of ILO Secretary General : The World does not lack resources to abolish poverty, but it only lacks a right priority. As a matter of fact, Social Security is also not as a priority in certain countries. c. The only thing we can do regarding the pension problem irrespective of whether there is fiscal burden or not, it is better late (to start right now) than nothing. Unless we ll be faced with scary things continuesly. d. The consequences of the GOI in implementing compulsory pension are so many, among others: the need for the preparation of a good governance in social protection by doing more employment creation and its security which include remunneration for the protection of employees including their social security as well.

17 17 6. LIMITED REFERENCE,Business.com-Jakarta, 2014,National Social Security Law No 40 of 2004,Central Bureau of Statistics (2014) Regarding the Employment,The Ministry of Finance s Fiscal Policy Board, Purwoko, B, (2011), Sistem Proteksi Sosial dalam dimensi Ekonomika, Penerbit Universitas Islam Jakarta. Purwoko, B, (2013), Persamaan Iuran dan Manfaat JP-SJSN untuk keperluan Keseimbangan Pendanaan Jangka Panjang, Makalah Kebijakan untuk DJSN tgl Purwoko, B, (2013), Pensiun Jaminan Sosial (PJS): suatu Illustrasi dalam Pemberian Manfaat PJS yang relatif sama untuk semua di beberapa Negara sebagai contoh, Makalah untuk DJSN per Jakarta, February 2015 BPurwoko