Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Convention (n° 36) sur l'assurance-vieillesse (agriculture), 1933 - France (Ratification: 1939)

See under Convention No. 35, as follows:

Article 12, paragraph 3, of the Convention. The Committee recalls that with regard to the supplementary allowance of the National Solidarity Fund (FNS) provided for in section L.815-2 of the Social Security Code, the Government had referred previously to ministerial consultations on the question of extending the provision of this allowance to all foreigners resident in France. Consequently, the Committee expresses the hope that the Government will be able to indicate in its next report the measures taken to grant in law and practice the FNS supplemental benefit to nationals of all member States which are bound by the Convention (and not only to nationals of a country which has signed an international reciprocity agreement, as provided in section L.815-5 of the Social Security Code).

See also, Article 3, paragraph 1, branch (d) (invalidity benefits), of Convention No. 118, as follows:

1. Article 3, paragraph 1, of the Convention, branch (d) (Invalidity benefit). (a) With regard to the supplementary allowance of the National Solidarity Fund (FNS) provided for in section L.815-2 of the Social Security Code, the Government had referred in its previous comments to ministerial consultations on the question of extending the provision of this allowance to all foreigners resident in France. In this respect, the Committee notes with interest the decision of 5 December 1994 of the Loire Social Security Tribunal, in the district of Saint-Etienne and Montbrison. In this decision, the Tribunal, referring to Article 3 of Convention No. 118, concluded that the supplemental benefit paid by the National Solidarity Fund (FNS), which supplemented old-age or invalidity pension, should be paid to a Mauritanian national entitled to an invalidity pension, since Mauritania has ratified Convention No. 118. Consequently, the Committee expresses the hope that the Government will be able to indicate in its next report the measures taken to grant in law and practice the FNS supplemental benefit to nationals of all member States which have accepted the obligations of the Convention (and not only to nationals of a country which has signed an international reciprocity agreement, as provided in section L.815-2 of the Social Security Code). It also asks the Government to furnish information on the impact of the decision by the Social Security Tribunal in Saint-Etienne.

Concerning the scope of the retaliation clause allowed by Article 4, paragraph 1, of the Convention, the Committee refers to its observation of 1993.

(b) With regard to the allowance for disabled adults, instituted by Act No. 75-534 of 30 June 1975, the Committee hopes that the Government's next report will contain detailed information on the measures taken to ensure the payment of this benefit to foreigners residing in France who are nationals of any State that has accepted the obligations of the Convention (subject to the Government's entitlement to avail itself of Article 4, paragraph 2(b), of the Convention under which it may make the grant of a benefit conditional upon a period of residence of up to five years).