Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 5 of the Convention.  In reply to the Committee’s previous comments, the Government states that, in its opinion, Article 5 of the Convention does not impose any requirement on social security institutions, nor on the governments which administer them, to cover the costs of transferring the funds needed for the payment of pensions outside the country. The Government also recalls the terms of section 117 of the Social Insurance Act, under which any beneficiaries who transfer their residence abroad may continue receiving their pension abroad, as provided for in international Conventions, when the administrative costs of making payments abroad are covered by the beneficiary. It therefore considers that this provision guarantees to beneficiaries, irrespective of their nationality, the payment of old-age, invalidity and survivors’ pensions, as well as employment injury pensions, irrespective of their country of residence, since section 117 of the Social Insurance Act does not envisage any restriction which would prevent a beneficiary from receiving payment of his/her pension at his/her place of residence, including abroad.

The Committee notes this information. It wishes to recall that Article 5 of the Convention, by indicating that the State shall guarantee the payment of long-term benefits when beneficiaries are resident abroad, requires measures to ensure the effective payment abroad of the benefits referred to in this Article, which implies that beneficiaries residing abroad are able to receive the benefits due to them rapidly and without reduction. It is not therefore sufficient that the legislation does not contain provisions preventing the payment of benefits abroad. The Committee hopes that the Government will be able to reconsider the matter and that it will be able to indicate in its next report the measures which have been taken or are envisaged to ensure, under the conditions recalled above and irrespective of the conclusion of bilateral agreements, the payment of benefits (under branches (d), (e), (f) and (g)) in the event of residence abroad, both for nationals of Mexico as well as nationals of other States which have accepted the obligations in respect of the branches in question, as well as for refugees and stateless persons, without any reduction. The Committee also hopes that the Government will be able to indicate the measures which have been taken or are envisaged to ensure the payment of benefits abroad in cases where the beneficiary, such as a survivor, has never resided on Mexican territory, since section 117 of the Social Insurance Act only refers to cases in which beneficiaries leave Mexico to live abroad.

Furthermore, the Committee would be grateful if the Government would provide statistical information in its next report on the number of beneficiaries who receive long-term benefits which are due to them abroad under Mexican legislation.

Articles 7 and 8. The Committee notes the information provided by the Government. It hopes that in future reports the Government will be able to provide information on the progress achieved in the conclusion of agreements with States for which this Convention is in force and with which there are migratory flows, with a view to the participation of these States in a scheme for the maintenance of acquired rights and rights in course of acquisition.

Finally, the Committee hopes that the Government will not fail to provide statistics on the number of foreign workers in Mexico, by nationality, when these are available.