Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Part VI (Employment injury benefit), Article 32(d) of the Convention (in relation also to Article 69(j)). In its previous comments, the Committee asked the Government to provide examples of the application in practice of the provisions of section 29 of the Federal Accident Insurance Act (LAA) which makes the surviving spouse's entitlement to benefit subject to certain conditions when the marriage was contracted after the accident which caused the decease of the insured person (subsection 2); and allows benefits to be refused or reduced when the surviving spouse has been in serious breach of his or her duties towards the children (subsection 5). In its report, the Government confirms that, to its knowledge, there is no case law concerning the application of the provisions of section 29(2) and (5) of the Act. It adds that, at present, existing doctrine has it that insurers must resort sparingly to the penalty provided for in section 29(5) of the above Act, because it is not for them to set themselves up as censors in such a sensitive area. The Government also indicates that this provision is to be amended not in the context of the future legislation on the general part of social insurance law, but when the LAA is amended. The Committee takes note of this information. It hopes that, in a future review of the Federal Accident Insurance Act for example, the necessary measures will be taken to ensure that full effect is given to these provisions of the Convention. It again asks the Government to provide information on the matter in its future reports, should there be any change in the situation either in law or in practice.