Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee refers the Government to its observation and takes note of the information supplied in the Government’s report. It also notes the mission carried out by the Office in October 2004 and the information supplied to it by the Technical Committee responsible for reports. The Committee hopes that following the assistance it requested, the Government will take the necessary steps to give full effect in law and in practice to the provisions of the Convention on which the Committee has been commenting, and will provide information in its next report on the following points.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22 of the Convention. In its previous comments the Committee noted the statistical information on the number and amount of social security benefits in 1988 supplied by the Government. It again expresses the hope that the Government include in its next report as well statistical data on the scope of the various contingencies as required by the report form for 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 contribution or employment required for entitlement to a survivor’s pension, and to provide the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It noted in this connection that the Technical Committee had recommended reconsidering the social security regulations regarding 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 hopes that the Government will provide information in its next report on the action taken on this recommendation, together with 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 noted in its previous comments 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 are illustrated by social security dispute settlements. The Committee again requests the Government to indicate the regulatory provisions in question and to 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 purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is also asked to 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 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed following substantial changes in the cost of living. Please 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, the Committee notes the provisions of article 6 of Ministry of Justice Decision No. 714 of 1974 on the procedures of the dispute settlement committees established pursuant to the Social Security Act.

5.  Part VI (Common provisions), Article 35. In its previous comments, the Committee noted 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, and asked the Government to indicate whether actuarial studies or calculations had been carried out recently, and if so to provide information on the results of them. It notes the information that the Office has submitted a technical assistance project to the Social Security Fund in Libya on this matter. The Committee hopes that in its next report the Government will provide information on progress made in this regard.

[The Government is asked to report in detail in 2005.]