Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

Article 5, paragraph 1, of the Convention - branches (e) (old-age benefit), (f) (survivors' benefit), (g) (employment injury benefit). With reference to its previous comments on section 146 of the National Insurance Act, which provides for the suspension of the pension if the beneficiary resides abroad for longer than six months, the Committee has taken note of the information supplied by the Government in its report; it notes in particular the information provided on the number of recipients of old-age, survivors' and employment injury benefits residing abroad. The Committee would nevertheless ask again the Government to take the necessary steps to amend the legislation so that pensions can be paid to the beneficiary irrespective of the duration of his residence abroad. It would also request the Government, in future reports, to continue to notify any possible cases of application of the above-mentioned provision.

Article 5, paragraph 1 (death grants). The Committee notes the Government's indication that no data are available relating specifically to death grants; however, the Government pays a death grant to the survivor of every recipient of an old-age pension residing abroad. The provision of benefits is ensured by bilateral agreements or instructions in respect of the various insurance branches. The provision of such benefits is not made subject to the participation of Members in schemes.

The Committee requests the Government to indicate whether the death grant is payable in the case of burial abroad of a pensioned person resident abroad. If this is not the case, the Committee hopes that the Government will take the necessary measures to ensure the implementation of this provision of the Convention.

Article 6. The Committee notes the Government's indication that the National Insurance Institute exercises the power conferred upon it by paragraph (b) of section 104 of the National Insurance Law, to consider a child as being in Israel even if he has been away from Israel for a period exceeding six months in the following cases: (1) if the child is residing outside Israel for health reasons, or accompanies his parents or brothers outside Israel for health reasons; (2) if the child is accompanying a parent employed outside Israel by an Israeli employer; (3) if the child is accompanying a parent on a Sabbatical in certain instances. Each year there are thousands of such children who have been away from Israel for a period exceeding six months and who continue to receive children's allowance.

The Committee takes note of this information; it hopes that the National Insurance Institute will be able to exercise the power conferred upon it so as to extend the application of such provision to all children away from Israel for more than six months so as to ensure the full application of Article 6 of the Convention.