Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Peru (Ratification: 1961)

I. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b)(i) of the Convention (in conjunction with Articles 9(d) and 48(c)) (Scope of medical care). The Government states in its report that, under Agreement No. 2-24-IPSS-86, medical care has been extended to the children of insured persons up to the age of 18 years and that the necessary administrative arrangements for the full implementation of the Agreement will be made by the Directorate of the National Health Scheme. The Committee notes this statement with interest and hopes that the Government will not fail, in its next report, to indicate whether the necessary steps have been taken by the above-mentioned Directorate and, if so, to report on the results obtained in practice.

The Committee has also examined the text of the new General Act of the Peruvian Institute of Social Security (Act No. 24-786 of 14 December 1987) enclosed with the last report, and it notes with interest the various categories of persons - including family members and persons engaged solely in their own household duties - to which the insurance scheme has been extended under section 5 of this Act. The Committee none the less notes that, under section 6 of the above-mentioned Act, the extension of the insurance to the sectors and categories of persons listed under section 5 of the Act will be implemented gradually and in accordance with the specifications for application, financing and administration established by the Institute which will also determine the benefits to be granted in each case.

The Committee therefore requests the Government to: (a) indicate whether the spouses and children of the persons protected already benefit, in practice, from the medical care provided for by the Convention - not only in the case of maternity but also in the case of morbid condition; and (b) supply the statistical information required by the report form under Title V of Article 76 (since, by accepting Part II of the Convention, the Government has availed itself of the temporary exception provided for in Article 9(d), unless it now wishes to renounce this exception).

2. Part XI (Standards to be complied with by periodical payments). (a) With regard to the review of long-term benefits, provided for by Articles 65, paragraph 10, and 66, paragraph 8, of the Convention, on which the Government was requested to provide information, the Committee notes the statement to the effect that the Institute of Social Security has been requested to supply this information which will be transmitted in a supplementary report. The Committee hopes that the Government will not fail to provide the relevant statistical data required by the report form on the Convention under Title VI of Article 65, pursuant also to section 31 of Act No. 24-786 referred to above, which provides for such a review.

(b) The Committee also notes that the fifth transitory provision of Act No. 24-786 fixes a minimum and a maximum amount for remuneration subject to contributions, and that Act No. 23-908 of 6 September 1984 also fixes a minimum amount for the various benefits granted. The Committee asks the Government to indicate in its next report - on the basis of precise statistical data - whether the amount of sickness benefit, old-age benefit and employment injury benefit and the amount of invalidity benefit granted by the Social Security Institute attain the percentages fixed by the Convention for a standard beneficiary (i.e. as appropriate, a man with a wife and two children or a man with a wife of pensionable age). Please establish the above-mentioned statistics in the manner required by the report form on the Convention either under Article 65, or under Article 66, according to whether the Government wishes to take the wage of a skilled manual male employee or that of an ordinary adult male labourer as the basis for its calculations.

II. The Committee is aware of the adoption of Legislative Decree No. 25897 of 27 November 1992 establishing a Private Pension Fund Administration system (SPP) managed by the Private Pension Fund Administration (AFP). It hopes that the next report will also contain detailed information, especially on the impact of the privatization of the pension scheme on the application of Parts V (Old-age benefit) and IX (Invalidity benefit) of the Convention, as required by the report form adopted by the Governing Body on the application of these Conventions.