Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Uruguay (Ratification: 1973)

Articles 10, 17 and 23 of the Convention. Benefit rates. With reference to its previous comments, the Committee notes the information supplied by the Government on the level of invalidity, old-age and survivors’ benefits paid as at 1 February 2005. In view of the fact that benefit rates are expressed as minimum amounts, the Committee hopes that the Government, in its next report, will supply the information requested under Article 27 of the Convention, indicating in particular: (i) the amount of the wage of an ordinary adult male labourer (chosen in conformity with paragraph 4 or 5 of this Article); (ii) the amount of the minimum benefit paid to the standard beneficiary for each of the three contingencies referred to above.

Part V of the report form. Old-age benefit. (a) Article 18(1)(a). Benefit rates. The Committee notes that, under the pension system in force protected by the Social Insurance Bank, men or women who reach 60 years of age and have not accumulated 35 years of service have no entitlement to old-age benefit. It notes that the Government has been studying the possibility of setting up a common fund, possibly reducing the period of service from 35 to 30 years. The Committee notes the above information. It draws the Government’s attention to the fact that the amount required by the Convention for the purposes of the calculation provided for by Part V of the report form is, in the case of a standard beneficiary (man with wife of pensionable age), 45 per cent of the earnings taken as the basis, at least after the completion of a maximum qualifying period provided for by Article 18, paragraph 1 (in principle, 30 years of contribution or employment). The percentage indicated could therefore be achieved in the case of a person aged 65 years who had completed 30 years of contribution or employment, as the Government appears to suggest. The Committee hopes that the Government will adopt the announced measures in order to guarantee the application of the Convention.

(b) Article 18(2)(a). Reduced old-aged benefit after 15 years of contribution or employment. In its previous comments, the Committee requested the Government to indicate whether, in accordance with this provision of the Convention, reduced old-age benefits are paid to persons who have reached the age which gives entitlement to the ordinary retirement pension (60 years for men and 55 for women), but have not completed the period of service prescribed by section 35(a) of Constitutional Decree No. 9 of 1979. In its report, the Government refers once again to the pension for the elderly provided for in section 35(d), under which beneficiaries become entitled to this benefit at a higher age (70 years for men and 65 for women) than that of the ordinary retirement pension, after accumulating a minimum of 15 years of service. The Committee therefore can only but request the Government again to indicate the measures taken or envisaged to guarantee a reduced old-age benefit to persons who have reached the age which gives entitlement to the ordinary retirement pension and who have accumulated 15 years of contributions or employment.

Article 13. Rehabilitation and placement services for persons with disabilities. In its previous comments, the Committee noted the information on the legislative provisions which provide for the vocational rehabilitation of disabled persons. The Committee once again requests the Government to indicate the measures taken and the results achieved with a view to providing in practice vocational rehabilitation services and facilitating the placement of workers with disabilities.

[The Government is asked to reply in detail to the present comments in 2009.]