Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Niger (Ratification: 1966)

1. The Committee notes the information supplied by the Government, and particularly the information concerning Article 76, paragraph 1(b)(ii), of the Convention (in conjunction with Article 65 or 66) concerning the amounts of old-age benefit, employment accident benefit and maternity benefit.

2. Part V (old-age benefit), Articles 28 and 29. In reply to the Committee's previous comments, the Government has supplied information on the system of a single allowance that is applicable in cases in which the conditions for the payment of an old-age pension have not been fulfilled. According to the report, insured persons who have not been able to pay contributions over the three or five last years prior to the pensionable date are only entitled to the provision of an allowance. The Committee wishes to draw the Government's attention to the fact that, according to section 13(1)(b) of Decree No. 67-025 of 1967, it is sufficient, as regards the conditions of entitlement to benefits, to have completed 60 months of insurance during the ten years prior to the pensionable date in order to be entitled to an old-age pension. The Committee therefore requests the Government to indicate whether an insured person who fulfils the conditions set out in section 13(1)(a) and has paid contributions during the 60 first months of the ten-year period prior to the pensionable date is entitled to a pension. If so, it would be grateful if the Government would indicate the rules and the manner of calculation of the reference wage that serves as a basis for determining the amount of the old-age pension.

3. Part VII (family benefit). (a) Article 43 (length of qualifying period). The Committee notes that an actuarial study of the social security scheme is being undertaken. It hopes that the results of this study will enable the Government to take the necessary measures to reduce to three months, in accordance with the Convention, the qualifying period for entitlement to family benefit, which is currently set at six consecutive months of work with one or several employers (sections 8 and 9 of Decree No. 65-116 of 18 August 1965), particularly since the report refers to a surplus in the family benefit branch.

(b) Article 44 (in conjunction with Article 76, paragraph 1(b)(ii)). The Committee notes the information supplied by the Government, and in particular the amount of the wages of a labourer. It notes, however, that the information that is provided is not sufficient to enable it to assess whether the total amount of family benefit provided reaches the level prescribed by the Convention. It therefore requests the Government to supply in its next report all the statistical information required by the report form adopted by the Governing Body under this Article of the Convention:

(1) the total amount of benefit in cash and in kind provided in respect of the children of the persons protected;

(2) the total number of children of persons protected;

(3) the total wage of an ordinary adult male labourer, determined in accordance with Article 66.

4. Part XI, Article 65, paragraph 10, and Article 66, paragraph 8 (review of current periodical payments). With reference to its general observation of 1989, the Committee would be grateful if the Government would supply information on the measures that have been taken to ensure the application of these provisions of the Convention, which specify that current periodical payments in respect of old age, employment injury (except in the case of temporary incapacity) shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

5. Part XIII (common provisions), Article 69(b) (in conjunction with Articles 30 and 38). In its report, the Government refers once again to the studies that are under way to bring section 23(2) of Decree No. 67-025 of 1967 into conformity with Article 69(b) of the Convention, particularly as regards the suspension of the pension while the insured person serves a period of imprisonment. While noting this information, the Committee is bound once again to hope that it will be possible to supplement the national legislation in the near future by a provision that lays down, in accordance with the Convention, that as long as the insured person is maintained at public expense (as is the case with imprisonment) and the amount of the benefits exceeds the cost of such maintenance, the benefit in excess of the value of the maintenance shall be granted to the dependants of the beneficiary.