Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Libya (Ratification: 1975)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation, the Committee hopes that a detailed report will be sent for examination at its next session and that it will contain full information on the following points, which the Committee has been raising in its comments for a number of years.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22 of the Convention. The Committee notes the statistical information on the number and amount of social security benefits in 1998 supplied by the technical committee responsible for preparing the necessary responses to observations by the Committee of Experts. It trusts that in its next report the Government will not fail to include statistical data on the scope of the various contingencies required by the report form on Convention No. 128 under paragraph 1(a) and (b) of each of the abovementioned Articles.

2. Part IV (Survivors’ benefit), Article 24, paragraph 2. In its previous comments, the Committee requested the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors’ pension. It also asked the Government to send the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It notes in this connection that the abovementioned technical committee recommends reconsidering the social security regulations as regards the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee would be grateful if in its next report the Government would provide information on the effect given to this recommendation and the text of the regulatory provisions in question.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) The Committee notes that, according to the technical committee, the benefits are calculated on the basis of the wage or remuneration prior to the accident and determined by the reduction in social security contributions; the criteria and methods for calculating the wage or remuneration illustrated by social security dispute settlements. The Committee would be grateful if the Government would indicate the regulatory provisions in question and provide specific examples of pension calculations for the abovementioned contingencies for a person corresponding to a standard beneficiary who has completed the qualifying period prescribed by the Convention. For the purposes of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, please also provide the statistical information required by the report form under titles I to IV of Article 26 or Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee again asks the Government to do its utmost to ensure that effect is given to this Article of the Convention which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidities benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed following substantial changes in the cost of living, and to provide the statistical information required under this Article of the Convention by the report form adopted by the Governing Body.

4. Part VI (Common provisions), Article 34, paragraph 2. With reference to its previous comments concerning the settlement of social security disputes cited by the technical committee, the Committee would be grateful if the Government would state which regulatory provisions allow the claimant to be represented or assisted by a qualified person of their choice or by a delegate of an organization representative of persons protected, in accordance with Article 34, paragraph 2, of the Convention.

5. Part VI (Common provisions), Article 35. The Committee notes that, according to section 34 of Act No. 13 of 1980, the financial position of the Social Security Fund must be examined by one or more actuaries every three years. The Government is accordingly asked to indicate whether any actuarial studies or calculations have been carried out recently in the interests of sound social security finances and, if so, to send information on the results.