Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

See under Convention No. 35, as follows:

Article 12, paragraph 5, of the Convention. The Committee refers to its previous comments concerning the question of whether, in view of the condition of residence in France explicitly required by the legislation (section L.311-7 of the Social Security Code) in order to benefit from social insurance benefits, foreign insured persons, who are nationals of a country that has ratified the present Convention and who are residing in the territory of any one of the Members bound by the said Convention, but not signatories of a social security agreement with France, continue to enjoy the same contributory advantages as French insured persons.

In its report the Government only confirms that a foreign insured person who is a national of a country not having concluded an agreement with France can claim his rights to the old-age insurance scheme only to the extent that he resides on French territory at the time of the request for settlement of the pension. However, after receiving the benefit he can claim the same advantages as the French insured persons i.e. he will be able to receive the periodical payments under his pension abroad, even if he resides in a country which had not concluded an agreement with France.

The Committee notes this information. It is however bound to point out that, in accordance with the Convention, any restrictions which may apply in the event of residence abroad shall only apply to pensioners and their dependants who are nationals of any Member bound by this Convention to the extent to which they apply to nationals of the country in which the pension has been acquired. In these circumstances, the Committee is bound once again to hope that the Government will study the necessary measures to give effect to this provision of the Convention. In particular, it would like the Government to indicate the relevant legal provisions or rules under which pensions, once settled, are paid to beneficiaries who are nationals of any State bound by the Convention and reside in any such State.