Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

I. With reference to its observation, the Committee would be grateful if the Government would supply further information in its next report on the private pension system established by Legislative Decree No. 25897 of 27 November 1992, with reference to the following points:

1. Part IX (Invalidity benefit), Article 56 and Article 57, paragraph 1, of the Convention (in relation with Article 65). (a) In accordance with section 100 of Presidential Decree No. 206-92-EF to issue the regulations respecting the private pension system of 6 December 1992 and sections 65 and 66 of Decision No. 141-93-EF/SAFP of 27 August 1993, pensions for total permanent invalidity are equivalent to 70 per cent of monthly remuneration, which may not exceed a maximum level adjusted according to the consumer price index. Furthermore, in accordance with section 112 of the above Presidential Decree No. 206, in the event of permanent total invalidity, insured workers may either (a) avail themselves of the early pension system referred to section 40 of Legislative Decree No. 25897 of 27 November 1992, or (b) select the pension modalities established in section 42 of the above Legislative Decree. Finally, under the terms of section 114 of Presidential Decree No. 206-92-EF/SAFP, up to 20 per cent of the costs of the medical examinations and procedures required to qualify for invalidity benefit are at the expense of the worker.

The Committee requests the Government to indicate in its next report, on the basis of detailed statistics, whether the amount of invalidity benefit, irrespective of the type of pension chosen and the cost of the examination and procedures set out in section 117, attains the percentage established by the Convention (40 per cent) for a standard beneficiary (with a wife and two children) whose wage is equal to the wage of a skilled manual male employee. Please compile the above statistics in the manner required by the report form on the Convention (Article 65, Titles I and II).

(b) Please also specify the level of the benefit provided to an invalid who, after becoming an invalid, reaches the age of entitlement to a pension established under section 39 of Legislative Decree No. 25897 of 27 November 1992 (see section 115 of Presidential Decree No. 206-92-EF).

2. Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10. The Committee notes that, under sections 37, 46(e) and 51(a) of Decision No. 141-93-EF/SAFP of 27 August 1993, family and personal lifetime annuities, as well as temporary annuities with deferred retirement benefits are adjusted on a monthly basis as a function of the consumer price index in the city of Lima, which is prepared by the National Statistical Institute, or according to any indicator which may replace it. The Committee requests the Government to provide in its next report all the statistical information requested in the report form under Article 65, Title VI.

Part XIII (Common provisions)

3. Article 70. Please indicate the rules governing the right of appeal of insured persons in case of the refusal of the benefit or complaint as to its quantity.

4. Articles 71, paragraph 3 (responsibility for the provision of benefits), and 72, paragraph 2 (general responsibility for the proper administration of the system). Please provide information on the measures taken in practice to give full effect to these provisions of the Convention.

5. Finally, the Committee would be grateful if the Government would provide the full text of the Compendium of Supervisory Standards, which governs the system of pension fund administrations, and the text of Decision No. 063-93-EF/SAFP, to which reference is made in section 74(a) of Decision No. 141-93-EF/SAFP of 27 August 1993.

II. The social security scheme administered by the Peruvian Social Security Institute (IPSS)

1. Part XI (Standards to complied with by periodical payments). The Committee requests the Government to indicate in its next report, on the basis of detailed statistics, whether the amount of sickness benefit, old-age benefit, maternity benefit and invalidity benefit provided by the Peruvian Social Security Institute attains the percentages established by the Convention for a standard beneficiary. Please compile the above statistics in the manner required by the report form on the Convention under either Article 65 or Article 66 of the instrument.

The Committee also requests the Government to indicate in its next report the maximum insurable remuneration as established under the fifth transitional provision of Act No. 24786 of 14 December 1987.

2. Part XIV (Miscellaneous provisions), Article 76, paragraph 1(i) (in relation with Articles 9(d) and 48(c)) (persons protected by medical care). The Committee requests the Government to: (a) indicate whether the wives and children of protected employees already in practice benefit from the medical care provided for by the Convention, not only in the event of maternity, but also in the case of a morbid condition; and (b) supply the statistics required by the report form under Article 76, Title V.