Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Peru (Ratification: 1961)

The Committee notes that the Government's report again omits the information requested in the direct request of February-March 1995. It therefore hopes that in its next report the Government will supply information on:

Private pension scheme

1. Part IX (Invalidity benefit), Article 56 and Article 57, paragraph 1, of the Convention (in relation with Article 65). (a) In accordance with section 100 of Presidential Decree No. 206-92-EF to issue the regulations respecting the private pension system of 6 December 1992 and sections 65 and 66 of Decision No. 141-93-EF/SAFP of 27 August 1993, pensions for total permanent invalidity are equivalent to 70 per cent of monthly remuneration, which may not exceed a maximum level adjusted according to the consumer price index. Furthermore, in accordance with section 112 of the above Presidential Decree No. 206, in the event of permanent total invalidity, insured workers may either (a) avail themselves of the early pension system referred to section 40 of Legislative Decree No. 25897 of 27 November 1992, or (b) select the pension modalities established in section 42 of the above Legislative Decree. Lastly, under the terms of section 117 of Presidential Decree No. 206-92-EF/SAFP, up to 20 per cent of the costs of the medical examinations and procedures required to qualify for invalidity benefit are at the expense of the worker.

The Committee requests the Government to indicate in its next report, on the basis of detailed statistics, whether the amount of invalidity benefit, irrespective of the type of pension chosen and the cost of the examination and procedures set out in section 117, attains the percentage established by the Convention (40 per cent) for a standard beneficiary (with a wife and two children) whose wage is equal to the wage of a skilled manual male employee.

(b) Please also specify the level of the benefit provided to an invalid who, after becoming an invalid, reaches the age of entitlement to a pension established under section 39 of Legislative Decree No. 25897 of 27 November 1992 (see section 115 of Presidential Decree No. 206-92-EF).

2. Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10. The Committee notes that, under sections 37, 46(e) and 51(a) of Decision No. 141-93-EF/SAFP of 27 August 1993, family and personal lifetime annuities, as well as temporary annuities with deferred retirement benefits are adjusted on a monthly basis as a function of the consumer price index in the city of Lima, which is prepared by the National Statistical Institute, or according to any indicator which may replace it. The Committee requests the Government to provide in its next report all the statistical information requested in the report form under Article 65, Title VI.

3. Part XIII (Common provisions) Article 70. Please indicate the rules governing the right of appeal of insured persons in case of the refusal of the benefit or complaint as to its quantity.

4. Articles 71, paragraph 3 (responsibility for the provision of benefits), and 72, paragraph 2 (general responsibility for the proper administration of the system). Please provide information on the practical measures taken to give full effect to these provisions of the Convention.

5. Lastly, the Committee would be grateful if the Government would provide the full text of the Compendium of Supervisory Standards, which governs the system of pension fund administrations, and of all other provisions pertaining to this matter.

[The Government is asked to report in detail in 1998.]