Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the information provided by the Government in its report. It notes in particular the text of the social security agreements concluded with Spain and Canada, as well as the statistical data on foreign insured persons. It further notes the information provided by the Confederation of Workers of Mexico according to which five agreements have now been concluded relating to the transfer of pensions with Argentina, Canada, Italy, Spain and the United States.

Article 5 of the Convention. 1. In its previous comments, the Committee requested the Government to provide information on the effect given in practice to section 117 of the Social Insurance Act and to provide statistical data on any payments made abroad, the amount of such payments, the nationality of the beneficiaries and the countries in which the payments are made, with an indication of the controls imposed by the body responsible for paying the pensions, and the administrative costs charged for the transfer of the funds. In its report, the Government indicates that, under the terms of sections 159(IV), 117, 120 and 127 of the Social Insurance Act, the Mexican Social Security Institute (IMSS) only determines the right of a protected person or beneficiary to receive a periodical payment for life, in which case, once the entitlement has been created, the IMSS is under the obligation to transfer the amount concerned to the insurance institute selected by the protected person, which has to cover the monthly pension. Consequently, it is the insurance institution that is responsible for paying the pension and transferring the benefit abroad, where appropriate. As a consequence, the Government is not in a position to be able to provide statistics on the effect given to section 117 of the Social Insurance Act, under which, as already noted, the payment of periodical payments for life is made by insurance companies and not the IMSS.

In view of the Government’s statement, the Committee is bound to emphasize that it is the State that has to ensure the full application of the Convention. It recalls that Article 5 of the Convention, in providing that the State shall guarantee the provision of long-term benefits in the event of residence abroad, requires measures to be taken to ensure the effective payment abroad of the benefits referred to by the above Article, which implies that beneficiaries residing abroad should be able to receive the benefits due as soon as possible and without deduction. The information requested is fundamental for the Government to ascertain the appropriate operation of the procedures governing the payment abroad of long-term benefits in the event of residence abroad, and therefore the fact that they are actually paid in practice. This being the case, the Committee is bound to urge the Government to provide the requested information, including statistical data on any payment made abroad, the amount of such payments, the nationality of the beneficiaries and the countries in which the payments are made, with an indication of the controls imposed by the body responsible for paying the pensions, and the administrative costs charged for the transfer of the funds.

2. In its previous comments, the Committee noted that the Social Insurance Act does not explicitly provide for the payment of benefits abroad in cases where the beneficiary, for example a survivor, has never been resident on Mexican territory. The Committee therefore requested the Government to indicate in its next report the measures adopted or envisaged to guarantee the payment of benefits abroad to those survivors who have never been resident on Mexican territory. As the Government confines itself to reiterating its previous reply to the effect that, in the same way as the Convention, the Social Insurance Act does not explicitly provide for such payment, the Committee is bound to draw the Government’s attention once again to the fact that, in accordance with Article 3, paragraph 2, of the Convention, in the case of survivors’ benefits, such equality of treatment shall also be granted to survivors of the nationals of a Member for which the Convention is in force. This being the case, the Committee is bound to emphasize the need for the Government to adopt the necessary measures to ensure the payment of benefits abroad to survivors who have never been resident on Mexican territory. It requests the Government to provide information on the measures adopted to this effect.

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