Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Part V of the Convention (Old-age benefit), Article 28 (in conjunction with Articles 65 and 66). With reference to its previous comments, the Committee notes the information supplied by the Government on the method used to calculate average monthly earnings (as set forth in section 54(1) of Act No. 67-039 of 1967 and section 77(2) of Order No. 464 of 1967) which serve as a basis for determining the monthly amount of old-age benefit. It reminds the Government, however, that its previous direct request concerned the situation of a beneficiary who, although registered with the insurance scheme for 36 months or more, had not paid contributions for certain periods during the three or five years immediately preceding the date of his entitlement to a pension. It would therefore be grateful if the Government would specify how average monthly earnings are calculated in practice in this particular case.

Part VI (Employment injury benefit), Articles 34 and 36. The Committee notes draft Order No. 307 to amend certain sections of Order No. 464/MST of 4 September 1967 which, according to the Government, was to be submitted to the Administrative Council on 27 May 1992 for approval. It notes with interest that the draft provides, in conformity with the above-mentioned provisions of the Convention, for domiciliary visiting to be included in the medical care provided for the victims of employment injuries, and the maintenance of family allowances for orphans who benefit from a pension or survivors' annuity. The Committee would be grateful if in its next report the Government would indicate whether Order No. 307 has come into force.

Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10 (review of long-term benefits). The Committee notes from the information supplied by the Government in its report that the last review of minimum pensions took place in 1985. In these circumstances, the Committee is bound to draw the Government's attention to the importance it attaches to the implementation of this provision of the Convention which lays down that the rates of current periodical payments - and not only minimum pensions - in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of the breadwinner shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost-of-living. The Committee therefore hopes that in its next report the Government will be able to indicate the measures taken or envisaged to ensure that long-term benefits are reviewed on a more regular basis and that it will provide all the information required under Title VI for Article 65 (changes in the cost of living index, index of earnings and amount of benefits, for the same period of reference) in the report form adopted by the Governing Body.

Part XIV (Miscellaneous provisions), Article 76. With reference to its previous comments, the Committee notes the statistical information concerning the number of economically active employees covered by the National Social Security Fund (CNSS) and the ceiling applied to remuneration subject to contributions. It notes, however, that the Government's report does not contain the other statistical information that the Committee requested on a number of other points. It therefore once again asks the Government to indicate in its next report: (a) the number of employees actually covered by the general social security scheme (and by special schemes) and their percentage in relation to the total number of employees in the country; (b) the level of benefit provided for each of the contingencies covered by the Parts of the Convention that have been accepted (Parts V, VI, VII, IX and X); (c) the wage of a skilled manual male employee (determined in accordance with Article 65, paragraphs 6 and 7, of the Convention) or of an ordinary adult male labourer (determined in accordance with Article 66, paragraphs 4 and 5); and (d) the ceiling applied to remuneration subject to contributions (section 20(3) of Act No. 67-039), for the same reference period.