Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Libya (Ratification: 1975)

The Committee notes the information communicated by the Government in its report. It notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the other provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

1. Part IV (Survivors’ benefit), Article 23 (in relation to Articles 26 or 27) of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government with respect to Part IV (Survivors’ benefit) of the Convention. According to this information, there are two methods of calculation of the pension to which a widow shall be entitled. In this regard, the Committee understands that the second method of calculation constitutes the minimum pension to which the widow is entitled. According to this calculation, the minimum pension is based on half of the amount of the last income, salary or wage of the insured person in addition to the basic pension and family allowances which, however, may not exceed 80 per cent of the last income, salary or wage. The Committee would like the Government to confirm this method of calculation for the minimum pension. It would further like the Government to indicate in its next report to which portion (percentage) of this minimum pension a standard beneficiary (a widow with two children) would be entitled.

2. Part V (Standards to be complied with by periodical payments),
Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is asked to provide the up to date statistical information required by the report form under Titles I–IV of Article 26 or Article 27 of the Convention, whichever is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee notes the Government’s indication that in the framework of cooperation with the ILO, the Government will undertake a study to indicate the financial status for the evaluation of benefits in accordance with section 28 of the Social Security Act (No. 13 of 1980). In light of the study, it should be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention, which establishes that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefits. It hopes that its next report will contain information in this regard.

3. Part VI (Common provisions), Article 35. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund have to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that discussions with the ILO have been held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants, the monetary and in-kind benefits which will be provided, as well as the value of contributions in relation to insured persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.