Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 128) concernant les prestations d'invalidité, de vieillesse et de survivants, 1967 - Bolivie (Etat plurinational de) (Ratification: 1977)

Autre commentaire sur C128

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

With reference to its previous observation concerning the application of the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130), the Committee notes that it has only received the report for Convention No. 128. The Committee trusts that the Government will not fail to provide the remaining reports in 2013, along with its reply to the present observation. The provision of those reports will enable the Committee to have an overview of the development of the Bolivian Social Security System.

Restructuring of the pension system. The Committee notes with interest the creation by Act No. 065 of 2010 of the solidarity pension intended, in the context of the new semi-contributory scheme, to increase the level of the pensions of workers with low incomes through a solidarity fund financed in part by the employers’ solidarity contribution and by contributions from insured persons with higher incomes. It also notes with interest the consolidation of the dignity allowance which guarantees to all nationals of Bolivia over 60 years of age who are resident in the country a minimum non-contributory income. The Committee observes that these measures strengthen the application of the principle of solidarity, defined as one of the essential principles of long-term social security in section 3 of Act No. 065. The Committee invites the Government to provide information in its next report on the functioning of the solidarity pension and the dignity allowance, with an indication in particular of the number of beneficiaries and the amount of the benefits provided.

With regard to the contributory old-age pension scheme, financed through the contributions of insured persons to their individual accounts, the Committee notes that the Public Long-Term Social Security Administration will replace the pension fund administrators for the administration and management of the scheme. The Administration will be under the supervision of the Pensions and Insurance Social Inspection and Control Authority, which replaces the Pension Inspection and Control Authority. The Committee observes that, in contrast with the previous situation in which the Inspection Authority enjoyed autonomy, the new entity is under the supervision of the Ministry of the Economy and Public Finance, and that the Authority’s decisions can be challenged through hierarchical appeal procedures. The Committee invites the Government to indicate the objectives of these changes in the administration and inspection of the pension system.

The Committee also observes that Act No. 065 changes the conditions for entitlement to the old-age pension, in particular allowing access to the old-age pension as from 58 years of age for persons who have paid contributions for a minimum of ten years. The Committee invites the Government to provide information in its next report on the financial situation of the contributory scheme, and on the replacement rate that it is hoped that pensions will attain once the minimum period of ten years of contribution has been completed.

Extension of the pension scheme. In its previous observation, the Committee emphasized the low-level of coverage of the pension and health schemes, indicating that it appeared necessary to take measures to adapt the Bolivian social security model to the economic and social situation of the country, in which informal self-employment is predominant. The Committee understands that the various innovations introduced by Act No. 065 are intended to extend the level of coverage of pensions. While noting that for most self-employed workers coverage by the social security system remains voluntary, the Committee notes that coverage is compulsory for self-employed consultants and insured persons, in accordance with section 101 of the Act. It also understands that the creation of the solidarity pension could provide an incentive for low-income workers, both dependent and self-employed, to affiliate with the scheme. The Committee also notes with interest the strengthening by Act No. 065 of administrative sanctions in the event of delays in the payment of contributions and the establishment of penal sanctions for the misappropriation of contributions by employers. So as to be able to assess the impact of the various measures referred to on the level of coverage of the pension scheme, the Committee requests the Government to provide information in its next report on the number of insured persons contributing to the overall pension system, with an indication of the number of self-employed workers, as well as data on the sanctions imposed for failure to pay contributions.

Noting that the Government’s report does not contain replies to the questions in the report form requesting statistics on the coverage of invalidity, old-age and survivors’ pensions, the Committee wishes to recall that the fact that the Government has availed itself of the temporary exceptions set out in Articles 9, 13, 16, 22 and 38 of the Convention does not relieve it of the obligation to provide information on the level of coverage of its pension system.

[The Government is asked to reply in detail to the present comments in 2013.]