Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

I. The Committee notes the Government's reply to its previous comments and it has also been informed of the coming into force, in 1984, of the new Act respecting the State Employees' Social Security and Social Services Institute (ISSSTE), and the Regulations respecting cash benefits issued under the above Act. The Committee has examined this legislation and notes with interest the various improvements that have been made to the social security scheme for these workers, particularly with regard to the rates of long-term benefits and the possibility of granting old-age and survivors' pensions after ten years' contributions in certain cases of insured persons who are over 60 years of age.

II. With regard to the points raised in its previous comments, the Committee requests, firstly, that the Government refer to its observation and, secondly, wishes once again to draw attention to the following points:

(1) Part IX (Invalidity benefit), Article 57, paragraph 2 and Part X (Survivors' benefit), Article 63, paragraph 2, of the Convention. In its previous comments, the Committee pointed out that the legislation respecting the State Employees' Social Security and Social Services Institute (ISSSTE) does not provide for reduced invalidity and survivors' pensions to be granted to protected persons who have completed (either themselves or their family breadwinner, as appropriate) a minimum period of five years' contributions or employment, as required by the above provisions of the Convention.

In its previous reports, the Government indicated that it would examine the possibility of amending the above legislation to take into account the Convention. In its last report, it points out that the new Act respecting the ISSSTE does not amend the previous legislation in this respect, although it raises the amounts of the benefits in question. Although noting these improvements, the Committee is bound to turn once again to the question and hopes that it will be possible to take the necessary measures in the near future in order to bring the above legislation into full conformity with the Convention with regard to the point under consideration.

(2) Part XI (Standards to be complied with by periodical payments), Article 65 (in conjunction with Articles 16, 28, 36, 56 and 62). (a) The Committee notes with interest the information supplied in the report regarding the review of pensions as a function of the readjustment of the general level of minimum wages in the Federal District. The Committee requests the Government to continue supplying such information in each of its future reports and to formulate the appropriate statistical data, if possible, as indicated in the report form for the Convention, under Title VI, Article 65.

(b) The Committee would also be grateful if the Government would supply in each of its future reports the statistics set out in the above report form under Titles I-IV, Article 65 of the Convention, and particularly information regarding the wage of a skilled manual male employee (defined in accordance with paragraphs 6 and 7 of Article 65) and regarding the amount of the benefit provided during the period covered by the reports for a standard beneficiary for the contingencies covered by the various Parts of the Convention that have been accepted. This information should deal in particular with the general insurance scheme (1973 Social Insurance Act and its subsequent amendments).

(3) Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b). The Committee notes that the Government's report contains no information on the number of persons protected by the various insurance schemes. The Committee hopes that this information will be supplied with the next report and that it will be compiled as indicated in the report form on the Convention under Title I or Title II, Article 76.