Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Costa Rica (Ratification: 1972)

1. The Committee notes the information supplied by the Government in its report and particularly the information supplied in answer to its previous comments concerning the representation made by a number of trade union organizations in Costa Rica in 1984 under article 24 of the ILO Constitution.

(a) In this connection, it notes with interest the information on the review of current amounts of pensions. It none the less asks the Government to provide the information required in the report form under Title VI, Article 65 of the Convention, so that it can assess the real impact of the pension increases in relation to changes in the general level of earnings or the cost of living index. It also asks the Government to provide information on any new increases in this area in each of its reports.

(b) With regard to Article 71 of the Convention, the Committee notes the agreements signed in 1985 and 1991 by the Costa Rican Social Security Fund and the Ministry of Industry, regulating the form of payment of state contributions. Furthermore, the Committee notes that the reform of the medical care financing system established in the agreement of 7 December 1988 is still under way in the framework of the Programme for State Reform and Reform of the Health Sector. The Committee asks the Government to continue to provide information in this respect.

2. Part VI (Employment injury benefit), Articles 34, 36, and 38 of the Convention (also in conjunction with Article 69). In its previous comments the Committee asked the Government to take the necessary steps to amend sections 218, 228 to 232, and sections 237 to 239, and 243 of Act No. 6727 of 1982 so as to bring them fully into conformity with the above-mentioned provisions of the Convention with regard to: (a) the nature of medical care, which must correspond to the provisions of Article 34 of the Convention and be provided free of charge throughout the contingency (i.e.: until recovery or the stabilization of the person's invalidity); (b) the grant of cash benefits also throughout the contingency in the event of minor or partial permanent disability and in the event of death. In both cases these benefits are paid under the above-mentioned sections of Act No. 6727 for a period of five to ten years depending on the circumstances, whereas the Convention stipulates that they must be provided to the disabled person for life and to dependents for as long as they fulfil the conditions prescribed under national law.

In its report the Government states that the negotiations between the National Insurance Institute and the Costa Rican Social Security Fund are still under way and that the proposed reforms of Act No. 6727 are still being examined. In this connection, the Government states that it is awaiting the results of the technical studies so that it can assess the implications, in actuarial terms, of harmonizing the above Act with the Convention. It also states that it will give priority to examining the possibility of requesting ILO technical assistance in this matter. The Committee notes this information. It hopes that the above-mentioned reforms will be adopted in the near future, possibly with ILO technical assistance, and that the national legislation will thus be fully in conformity with the Convention.

Furthermore, the Committee requests the Government to supply detailed information on the questions it is raising in a direct request.