Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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.]