Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Togo (Ratification: 2013)

Articles 27, 41, 48, 61 of the Convention. Coverage by social security benefits. The Committee notes the information provided by the Government in reply to its previous request that for the purpose of applying Articles 27, 41, 48 and 61 of the Convention, subparagraph (b) of these Articles is retained, as to the persons protected. The Committee recalls that subparagraph (b) of the said Articles requires the protection of prescribed classes of the economically active population and, as the case may be, of their dependants, constituting not less than 20 per cent of all residents. In this regard, the Committee notes the Government’s indication that the total number of insured persons under the general scheme was 166,340 persons in 2019 and 35,601 persons under the scheme for civil servants. The Committee requests the Government to provide information on the total number of residents, together with the calculations necessary to demonstrate compliance with Articles 27, 41, 48, and 61 of the Convention, as indicated in the report form.

Articles 30, 45, 64. Starting day of benefits payment. The Committee observes that in accordance with article 42(4) of Law No. 201–006 of 21 February 2011 on the Social Security Code (Code), old-age pension is provided on the first day of the calendar month following the date on which the required conditions have been fulfilled. The Committee further observes that in accordance with article 29 of the Code, family benefits are granted from the day of filing an application whereas survivors’ benefits are provided on the first day of the calendar month following the date of receipt of an application as stated in article 45(7) of the Code. The Committee recalls that in accordance with Articles 30, 45 and 64 of the Convention, benefits shall be granted throughout the respective contingencies which these benefits cover and that there are no waiting periods foreseen by the Convention in respect of these benefits. The Committee points out that, consequently, old-age, family, and survivors’ benefits shall be paid from the first day of occurrence of the contingencies which are, respectively, reaching the pensionable age, the day of birth of a child and the death of a breadwinner. The Committee therefore requests the Government to ensure that the payment of old-age, family, and survivors’ benefits starts on the day of the occurrence of the contingencies which they cover.

Part VII (Family benefit). Article 44. Total value of family benefits. The Committee notes from the Government’s report that the total amount of family cash benefits provided to persons protected was 1,721,866,000 CFA francs in 2018 and that the minimum wage of an ordinary adult labourer corresponds to the guaranteed minimum interoccupational wage (SMIG) and amounted to 35,000 CFA francs per month. The Committee recalls that the wage of an ordinary manual male labourer, as defined by Article 66(4)(a) or (b) of the Convention, corresponds to the wage of a person deemed typical of unskilled labour in the manufacture of machinery or in the other major group of economic activities. The Committee further recalls that, according to Article 44(b), the requirements of the Convention as regards the amount of family benefits are met when the total value of family benefits granted to the persons protected represents 1.5 per cent of the wage of an ordinary adult male labourer determined according to Article 66(4), multiplied by the total number of children of all residents. The Committee therefore requests the Government to supply information on the total number of children of persons protected or all residents as well as the wage of an ordinary adult male labourer in accordance with Article 44(b) of the report form for the Convention.

Part VIII (Maternity benefit). Article 49. Maternity medical benefits. The Committee notes the Government’s indication that the general scheme only covers the costs of prenatal consultations and delivery. The Committee further notes that under the scheme for civil servants, insured persons directly participate in the costs of maternity medical care benefits by paying user fees. Recalling that in accordance with Article 49 of the Convention, medical care benefits in respect of pregnancy and confinement and their consequences shall be provided free of charge, the Committee requests the Government to ensure the provision of such benefits free of charge for all persons protected.

Part X (Survivors’ benefit). Article 63(2). Reduced survivor pension. In its previous comments, the Committee requested the Government to indicate whether a reduced survivors’ benefit was granted after the completion by persons protected of a five-year period of contribution or employment, as required by Article 63(2) of the Convention. The Committee notes the Government’s indication that the minimum period of insurance for entitlement to survivors’ benefit is 180 months (15 years) according to article 45 of the Code. Recalling that in accordance with Article 63(2) of the Convention, a reduced survivors’ benefit shall be secured at least to all persons protected after completion by a breadwinner of a qualifying period of five years of contribution or employment, the Committee requests the Government to take the necessary measures to give full effect to this Article of the Convention and to keep it informed in this regard.

Part XI (Standards to be complied with by periodical payments). Article 65. Calculation of survivors’ benefits. In its previous request, the Committee requested the Government to make calculations on the replacement rate of survivors’ benefits for a standard beneficiary. With respect to replacement rate of survivors’ benefits, the Committee notes the indication by the Government that under the general scheme, the survivors’ benefit is determined for a surviving spouse as 50 per cent of a deceased person’s old-age or invalidity pension and as 25 per cent for each deceased person’s child. The Committee therefore notes that a survivors’ benefit paid to a standard beneficiary represented in accordance with the Schedule to Part XI of the Convention by a surviving spouse with two children amounts to 100 per cent of a deceased person’s old-age or invalidity pension. The Committee further notes that the level of old-age pension is determined as 20 per cent of the average monthly earnings of an insured person for the last five years. In addition, this amount is increased by 1.33 per cent for each 12 months after completion of 180 months (15 years) of insurance. Recalling that Article 63(1), in conjunction with Article 65 and the Schedule to Part XI of the Convention, require that a survivors’ benefit corresponding to no less than 40 per cent of a standard beneficiary’s previous earnings be secured to persons protected after completion of 15 years of contribution or employment by the breadwinner prior to his/her death, the Committee requests the Government to provide the calculation of the survivors’ benefits and of its replacement rate in accordance with Titles I, II and IV of the report form for the Convention.

Articles 65(10) and 66(8). Review of the level of periodical payments. The Committee once again requests the Government to indicate in accordance with Title VI of the report form for the Convention any changes in the cost of living and the general level of earnings as well as the level of periodical payments since 2013.