Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Part VI of the Convention (Employment injury benefit).

Article 32(d) (in conjunction also with Article 69(j). In its previous comments, the Committee also requested the Government to provide examples of the application in practice of the provisions of section 29 of the Federal Accident Insurance Act of 20 March 1981 which: makes the right of the surviving spouse to a pension, where marriage was contracted after the date of the accident causing death, subject to certain conditions (subsection 2); and authorizes the refusal or reduction of benefits when the surviving spouse has seriously failed in his or her duties towards the children (subsection 5). In its report, the Government states that to its knowledge there is no case law relating to the application of the provisions of section 29(2) and (5). Furthermore, it states that use is no longer made in practice of the possibility set out in section 29(5). The Committee takes due note of this information. It hopes that the draft Federal Act on the general part of Swiss social insurance law, when it is adopted, will take fully into account the above provisions of the Convention. It would be grateful if the Government would continue to supply information on this matter in future reports in the event of any change in the situation in law or in practice.