Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and provided assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government into conformity with the ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part X (Survivors’ benefit), Article 22, of the Convention. With reference to its previous comments, the Committee notes the Government’s indication according to which it acknowledges that, thanks to the explanations provided by the ILO mission, it was possible for the Government to provide the information requested on the amount of the different benefits. In this regard, the Committee notes the statistical information on the number and amount of social security benefits and the examples provided so as to clarify the provisions of Social Security Act No. 13 of 1980. With regard to survivors’ benefits, the Committee notes that the calculation of benefits is based on 34 years of service of the insured persons. Keeping in mind that, under the terms of Part X of the Convention, the rate of the survivors’ benefit should be such as normally to represent in the case of a widow with two children at least 40 per cent of the standard earnings on completion of the maximum qualifying period prescribed in paragraph 1(a) of Article 63 (in principle 15 years of contribution or employment), the Committee would like the Government to base its calculations for a standard beneficiary (widow with two children) whose breadwinner has completed a qualifying period of 15 years at the occurrence of the invalidity.

2. Part X (Survivors’ benefit), Article 24, paragraph 2. In its previous comments the Committee requested the Government to indicate the minimum period of contribution or employment required for entitlement to a survivor’s pension, and to provide the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It noted in this connection that the technical committee had recommended reconsidering the social security regulations regarding the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee would like the Government to indicate whether a spouse whose insured husband dies after five years of contributions or employment is entitled to a survivor’s pension

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit), Article 10; Part III (Old-age benefit), Article 17; and Part IV (Survivors’ benefit), Article 23. (a) For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is asked to provide up-to-date statistical information required by the report form under Titles I-IV of Article 26 or Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee notes the Government’s indication according to which, in the framework of cooperation with the ILO, the Government shall undertake a study to indicate the financial status for the evaluation of benefits in accordance with section 28 of the Social Security Act (No. 13 of 1980). In light of the study, it would be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention which establishes that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefits. It hopes that its next report will contain information in this regard

4. Part VI (Common provisions), Article 35. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that discussions with the ILO were held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.