Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Old-Age Insurance (Agriculture) Convention, 1933 (No. 36) - France (Ratification: 1939)

See under Convention No. 35, as follows:

Article 12, paragraph 5, of the Convention. In reply to the Committee's earlier comments concerning whether 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, the Government indicates that section L.311-7 of the Social Security Code (formerly section L.245) does not make residence in France a condition for foreigners to benefit from pensions. Residence in France is a required condition only when a request is made for payment of the pension. Bearing in mind that under the provisions of this 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 and reside in the territory of any member bound thereby to the extent to which they apply to nationals of the country in which the pension has been acquired, and that consequently reciprocity should automatically be granted, the Committee can only repeat its hope that the Government will study the necessary measures to give effect to this provision of the Convention and requests it once again to specify whether administrative instructions have been issued so that the term "international agreements" used in the aforementioned section, which reserve the situation of workers who are nationals of countries with which France is bound by an agreement, are understood to apply to this present Convention.