Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 1, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government that the committee set up to revise the Insurance and Pensions Code and the Social Insurance Code (Acts Nos. 25 and 26 of 1991 respectively) has nearly completed the task. The revised texts will then be submitted for approval to the Council of Ministers and subsequently to the legislative authority.

The Committee again stresses the need to amend the provisions of section 95 of Act No. 26 of 1991 which also applies to the occupational accident compensation scheme. Under this section as it now stands, equal treatment for foreign workers and national workers in respect of accident compensation cannot be ensured. Paragraph 1 of section 95 provides that as a rule pensions may be paid to persons residing abroad only in the instances specified in regulations determining the conditions and procedures for such a transfer, while paragraph 2 allows transfer of the pension of foreign insured persons returning to their country of origin for good or their dependants only where reciprocity agreements are concluded regulating such transfers. Where there is no such agreement, foreign insured persons receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme. In these circumstances, the Committee hopes that the Government will take all necessary steps to ensure that the revision of Act No. 26 of 1991 is completed in the very near future. It trusts that thereafter the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a State which has ratified the Convention or their dependants will be guaranteed under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement.

The Government is also asked to specify the conditions under which pensions are paid to persons injured in an occupational accident or their dependants in the event of residence abroad, in accordance with paragraph 1 of section 95 of Act No. 26 above. Please state whether regulations have been adopted under this provision and, if so, provide a copy of them.