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The Committee notes the information provided by the Government in its report. It notes in particular the text of the social security agreements concluded with Spain and Canada, as well as the statistical data on foreign insured persons. It further notes the information provided by the Confederation of Workers of Mexico according to which five agreements have now been concluded relating to the transfer of pensions with Argentina, Canada, Italy, Spain and the United States.
Article 5 of the Convention. 1. In its previous comments, the Committee requested the Government to provide information on the effect given in practice to section 117 of the Social Insurance Act and to provide statistical data on any payments made abroad, the amount of such payments, the nationality of the beneficiaries and the countries in which the payments are made, with an indication of the controls imposed by the body responsible for paying the pensions, and the administrative costs charged for the transfer of the funds. In its report, the Government indicates that, under the terms of sections 159(IV), 117, 120 and 127 of the Social Insurance Act, the Mexican Social Security Institute (IMSS) only determines the right of a protected person or beneficiary to receive a periodical payment for life, in which case, once the entitlement has been created, the IMSS is under the obligation to transfer the amount concerned to the insurance institute selected by the protected person, which has to cover the monthly pension. Consequently, it is the insurance institution that is responsible for paying the pension and transferring the benefit abroad, where appropriate. As a consequence, the Government is not in a position to be able to provide statistics on the effect given to section 117 of the Social Insurance Act, under which, as already noted, the payment of periodical payments for life is made by insurance companies and not the IMSS.
In view of the Government’s statement, the Committee is bound to emphasize that it is the State that has to ensure the full application of the Convention. It recalls that Article 5 of the Convention, in providing that the State shall guarantee the provision of long-term benefits in the event of residence abroad, requires measures to be taken to ensure the effective payment abroad of the benefits referred to by the above Article, which implies that beneficiaries residing abroad should be able to receive the benefits due as soon as possible and without deduction. The information requested is fundamental for the Government to ascertain the appropriate operation of the procedures governing the payment abroad of long-term benefits in the event of residence abroad, and therefore the fact that they are actually paid in practice. This being the case, the Committee is bound to urge the Government to provide the requested information, including statistical data on any payment made abroad, the amount of such payments, the nationality of the beneficiaries and the countries in which the payments are made, with an indication of the controls imposed by the body responsible for paying the pensions, and the administrative costs charged for the transfer of the funds.
2. In its previous comments, the Committee noted that the Social Insurance Act does not explicitly provide for the payment of benefits abroad in cases where the beneficiary, for example a survivor, has never been resident on Mexican territory. The Committee therefore requested the Government to indicate in its next report the measures adopted or envisaged to guarantee the payment of benefits abroad to those survivors who have never been resident on Mexican territory. As the Government confines itself to reiterating its previous reply to the effect that, in the same way as the Convention, the Social Insurance Act does not explicitly provide for such payment, the Committee is bound to draw the Government’s attention once again to the fact that, in accordance with Article 3, paragraph 2, of the Convention, in the case of survivors’ benefits, such equality of treatment shall also be granted to survivors of the nationals of a Member for which the Convention is in force. This being the case, the Committee is bound to emphasize the need for the Government to adopt the necessary measures to ensure the payment of benefits abroad to survivors who have never been resident on Mexican territory. It requests the Government to provide information on the measures adopted to this effect.
[The Government is asked to reply in detail to the present comments in 2008.]
Article 5 of the Convention. 1. In reply to the Committee’s previous comments, the Government observes that Article 5 of the Convention does not provide that benefits must be long term, nor does it refer to measures to guarantee their effective payment, nor that beneficiaries resident abroad should receive the benefits due as rapidly as possible. Section 117 of the Social Insurance Act guarantees beneficiaries, irrespective of their nationality, the payment abroad of benefits with regard to parts (d), (e), (f) and (g) of the Convention. To be able to receive a pension abroad, it is sufficient for pensioners who transfer their residence abroad to send in a notification and an authorization for the insurer or administrator of the pension fund to pay the pension in the place indicated. The place of payment selected by pensioners has no effect on their pension entitlements and they only have to comply with the controls established by the body responsible for the payment of the pension with a view to ascertaining that the person entitled to receive it is alive at the time of payment. The Committee notes the Government’s statement. It recalls that Article 5 of the Convention does not apply to all the types of benefit in respect of which the obligations of the Convention may be accepted, but only to invalidity benefit, old-age benefit, survivors’ benefit and death grants, and to employment injury benefit. It therefore only addresses "pensions", that is permanent periodical payments, and not temporary benefits, nor the single benefit payments that are at times provided as the only compensation in the event of permanent incapacity caused by an employment accident or occupational disease. The Committee also recalls that the objective of the Convention is to protect workers against loss of income, which is all the more difficult when it affects persons who are far from their homeland or who have returned to it. Delays in the payment of benefits, in the same way as reductions in their amount, are therefore incompatible with the objectives of the Convention. The Committee is aware that, while the payment of benefits to persons resident abroad is an objective which is often difficult to achieve, States have to make the necessary efforts in this respect. The Committee notes in this regard the information concerning the social security agreements concluded by Mexico with the United States, Spain, Italy and Argentina, with indications on the number of beneficiaries who received pensions abroad. The Committee requests the Government to provide information in its next report on the application in practice of section 117 of the Social Insurance Act, and to provide statistical data on any payments made abroad, the amount of such payments, the nationality of the beneficiaries and the countries in which the payments are made, with an indication of the controls imposed by the body responsible for paying the pensions, and the administrative costs charged for the transfer of the funds.
2. With regard to the payment of benefits abroad where the beneficiary, such as for example a survivor, has never been resident in Mexican territory, the Government indicates that, in the same way as the Convention, the Social Insurance Act does not explicitly provide for such payments. Nevertheless, section 117 of the Social Insurance Act entitles beneficiaries to receive their pensions irrespective of their nationality or country of residence. With regard to pensions, the social security agreements concluded by Mexico with Spain (1994) and Canada (1995) establish the possibility of paying pensions abroad irrespective of the nationality of beneficiaries who have never been resident on Mexican territory. The Committee notes the Government’s statement. It recalls that Article 5, paragraph 1, in conjunction with Article 4, paragraph 1, of the Convention establishes the obligation of the payment of the benefits enumerated in Article 5, paragraph 1, to beneficiaries resident abroad, without any condition as to residence and irrespective of whether or not agreements have been concluded with other countries. The Committee also recalls that, in accordance with Article 3, paragraph 2, of the Convention, in the case of survivors’ benefits, equality of treatment shall be granted also to the survivors of the nationals of a member State for which the Convention is in force. The provision of such benefits abroad is of particular importance for the survivors of persons who work in countries where family reunion is not permitted. The Committee therefore requests the Government to provide information in its next report on the measures which have been taken or are envisaged to guarantee the payment of benefits abroad to those survivors who have never been resident on Mexican territory. It also requests the Government to provide the texts of the above social security agreements, as well as of any agreement concluded subsequently by the country in this respect.
Articles 7 and 8. With reference to its previous comments, the Committee notes that the Government has not concluded new social security agreements. In this context, the Committee notes the statistical information concerning the number of foreign workers now engaged in gainful work in Mexico. The Committee hopes that the Government will continue to make efforts to conclude agreements with States which are parties to this Convention and with which there are migratory flows (such as Brazil, Cuba, France, Germany, Guatemala, Uruguay and Venezuela) with a view to the participation of these countries in a scheme for the maintenance of acquired rights and rights in process of acquisition.
Article 5 of the Convention. In reply to the Committee’s previous comments, the Government states that, in its opinion, Article 5 of the Convention does not impose any requirement on social security institutions, nor on the governments which administer them, to cover the costs of transferring the funds needed for the payment of pensions outside the country. The Government also recalls the terms of section 117 of the Social Insurance Act, under which any beneficiaries who transfer their residence abroad may continue receiving their pension abroad, as provided for in international Conventions, when the administrative costs of making payments abroad are covered by the beneficiary. It therefore considers that this provision guarantees to beneficiaries, irrespective of their nationality, the payment of old-age, invalidity and survivors’ pensions, as well as employment injury pensions, irrespective of their country of residence, since section 117 of the Social Insurance Act does not envisage any restriction which would prevent a beneficiary from receiving payment of his/her pension at his/her place of residence, including abroad.
The Committee notes this information. It wishes to recall that Article 5 of the Convention, by indicating that the State shall guarantee the payment of long-term benefits when beneficiaries are resident abroad, requires measures to ensure the effective payment abroad of the benefits referred to in this Article, which implies that beneficiaries residing abroad are able to receive the benefits due to them rapidly and without reduction. It is not therefore sufficient that the legislation does not contain provisions preventing the payment of benefits abroad. The Committee hopes that the Government will be able to reconsider the matter and that it will be able to indicate in its next report the measures which have been taken or are envisaged to ensure, under the conditions recalled above and irrespective of the conclusion of bilateral agreements, the payment of benefits (under branches (d), (e), (f) and (g)) in the event of residence abroad, both for nationals of Mexico as well as nationals of other States which have accepted the obligations in respect of the branches in question, as well as for refugees and stateless persons, without any reduction. The Committee also hopes that the Government will be able to indicate the measures which have been taken or are envisaged to ensure the payment of benefits abroad in cases where the beneficiary, such as a survivor, has never resided on Mexican territory, since section 117 of the Social Insurance Act only refers to cases in which beneficiaries leave Mexico to live abroad.
Furthermore, the Committee would be grateful if the Government would provide statistical information in its next report on the number of beneficiaries who receive long-term benefits which are due to them abroad under Mexican legislation.
Articles 7 and 8. The Committee notes the information provided by the Government. It hopes that in future reports the Government will be able to provide information on the progress achieved in the conclusion of agreements with States for which this Convention is in force and with which there are migratory flows, with a view to the participation of these States in a scheme for the maintenance of acquired rights and rights in course of acquisition.
Finally, the Committee hopes that the Government will not fail to provide statistics on the number of foreign workers in Mexico, by nationality, when these are available.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 5 of the Convention. The Committee notes that under section 117 of the Social Insurance Law of 12 December 1995 a person in receipt of an invalidity, old age, survivors' or workers' compensation pension who transfers his or her domicile abroad may continue receiving the pension during this absence, as provided for by international conventions. The Committee requests further information on the application of this provision in practice regarding branches (d), (e), (f) and (g), for Mexican nationals and nationals of other States which have accepted the branch in question. It also requests further information on what provisions exist for payment of benefits abroad in cases where the beneficiary, such as a survivor, was never resident in the territory.
The Committee also notes that under section 117 of the Social Insurance Law of 1995 the administrative costs of transfer of payment abroad will be deducted from the pensioner's account. It recalls that under Article 5 benefit must be paid abroad as of right and without any restrictions, and requests further information on the measures taken or envisaged to give full effect to this provision of the Convention on this point.
Articles 7 and 8 of the Convention. Further to its previous comments, the Committee notes the information supplied in the Government's report, in particular that bilateral agreements have been signed with Canada and Argentina. It would appreciate being kept informed of any further progress towards the conclusion of agreements with countries for which the present Convention is in force and in respect of which there are migratory flows, with a view to participating with such States in a system for the maintenance of acquired rights and rights in the course of acquisition.
The Committee also notes the statistical information supplied by the Government concerning the number of foreign workers receiving social security benefits. However, it again requests the Government to provide statistical information on the nationality of foreign workers employed in the national territory, in accordance with point V of the report form adopted by the Governing Body.
[The Government is asked to supply a detailed report in 1998.]
The Committee takes note of the information supplied by the Government in its report for the period ending 30 June 1991.
Article 7 and 8 of the Convention. The Committee asks the Government to report on any further progress towards the conclusion of agreements with countries for which the present Convention is in force and in respect of which there are migratory flows (Guatemala, for example) with a view to participating with such States in a system for the maintainance of acquired rights and rights in the course of acquisition.
The Government is also requested to provide statistical information on the number and nationality of foreign workers employed in the national territory in accordance with Point V of the report form adopted by the Governing Body.