Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

I. The Committee notes the information provided by the Government in its last report. The Committee notes in particular the information on the operation of the compulsory and voluntary schemes administered by supplementary pension institutions.

1. With reference to its previous comments, the Committee notes with interest that in April 2005 the Social Security Fund of Costa Rica (CCSS) approved the amendment of sections 5 and 24 of the Regulations on invalidity, death and survivors’ insurance, of 29 June 1995, with a view to guaranteeing, in accordance with Part V, Article 29, paragraph 2(a), of the Convention, the provision of a reduced old-age pension to a protected person who has completed a minimum of 15 years of contribution. The Committee requests the Government to indicate whether the above amendment has entered into force and, if so, to provide a copy of the text amending the Regulations of 2005.

II. With reference to its previous comments, the Committee observes that the Government’s report does not reply to most of the issues raised. This being the case, it is bound to reiterate the points raised previously.

1. With reference to its previous comments, the Committee once again finds that the Government’s report does not contain the information requested in the report form under Title VI, Article 65, of the Convention. In its report, the Government confines itself to indicating that, in accordance with the Regulations on pension insurance, the CCSS undertakes the re-evaluation or adjustment of current pensions. With a view to being able to assess the real impact of pension increases in relation to fluctuations in the general level of earnings and the cost-of-living index, the Committee once again requests the Government to indicate whether pensions have been revalued and, if so, to provide information on the cost-of-living index, earnings and benefits in relation to a single period, in accordance with the information requested under Title VI, Article 65, of the Convention.

2. Part VI (Employment injury benefit), Articles 34, 36 and 38 of the Convention (also in conjunction with Article 69). (a) With reference to its previous comments, the Committee notes the information provided by the Government to the effect that the medical assistance envisaged in section 218 of the Labour Code is in compliance with the provisions of Article 34, paragraph 2, of the Convention.

(b) With regard to the provision of cash benefit throughout the contingency in the event of minor or partial permanent disability, and in the event of death, the Government admits that in the case of minor permanent disability, section 218 of the Labour Code only gives entitlement to a five-year periodical payment, whereas Article 36 of the Convention envisages the provision of a periodical payment for life. With regard to partial incapacity, the Government indicates that, although section 239 of the Labour Code envisages a ten-year periodical payment, in a resolution (VIII of 10 December 1990) the Executive Board of the National Insurance Institute decided to “convert the periodical payments for permanent partial incapacity into payments for life, in compliance with the provisions of the Labour Code, such that the period of ten years may be extended for consecutive periods of five years where, through socio-economic studies, it is demonstrated that the beneficiary is substantially dependent on the periodical payment for subsistence, or that the latter represents 50 per cent or more of her or his income”. The Committee notes this information.

The Committee observes that the degree of loss of earnings capacity considered to be a minimum threshold by the legislation (section 223 of the Labour Code) ranges between 0.5 per cent and 50 per cent. The Committee has always considered that permanent incapacity for which the degree of loss of earnings capacity is higher than 25 per cent cannot be considered a minimal level of loss of capacity. This being the case, the Committee is bound to hope once again that the Government will take the necessary steps to amend the relevant provisions of the Labour Code so that in all cases of permanent incapacity and partial incapacity higher than 25 per cent or death periodical cash payments are granted for life, in accordance with the Convention, without any condition as to resources.

The Committee would also be grateful if the Government would provide detailed information on the issues raised in a direct request.

[The Government is asked to reply in detail to the present comments in 2008.]