| PART
I. |
| I. SCOPE |
| *The Convention on Old-Age Insurance will be referred
to in the text as O.A. Ins.; that on Invalidity Insurance as I.
Ins.; that on Widows' and Orphan's Insurance as W. O. Ins.; and
that on Sickness Insurance as S. Ins. |
A. Included groups
Manual and nonmanual workers in agricultural undertakings, including
apprentices and domestic servants in households of agricultural
employers (exclusive, however, of domestic servants in S. Ins.) |
O. A. Ins. - Art. 2, Sec. 1
I. Ins. - Art. 2, Sec. 1
W. & O. Ins.- Art. 2, Sec. 1
S. Ins. - Art. 2, Sec. 1 |
B. Excepted groups
The exception of the following groups is permitted Members: |
O A. 2, 2
I. 2, 2
W. & O. 2, 2
S. 2. 2 |
|
- Workers not remunerated above a prescribed amount and those
in liberal professions (in S. Ins. Only those workers with a
remuneration above a prescribed amount);
- Workers not paid a money wage;
- Young workers and those too old to be insured when first employed;
- Home workers whose conditions of employment do not resemble
those of wage earners;
- Members of the employer's family;
- Persons whose employment is so short that they cannot qualify
for benefit; (not included in S. Ins.); those engaged in subsidiary
employment;
- Students working during period of study (not included in S.
Ins.);
- Invalid workers and those in receipt of invalidity for old-age
pensions (not included in S. Ins.);
- Retired public officials and those with private incomes equivalent
to that provided by legislation (not included in S. Ins.);
- Those entitled under legislation or special schemes to benefits
equivalent to those provided under the Convention.
|
|
| II. CONDITIONS OF INSURANCE |
| A. Conventions required that persons shall be permitted
to continue insurance voluntarily unless the rights are automatically
maintained or, in the case of married women, that the husband, of
not subject to compulsory insurance, shall be permitted to insure
voluntarily and entitle the wife to an old-age or a widow's pension. |
O.A. - 3
I. - 3
W. & O. - 3 |
| B. Persons who cease insurance without being entitled
to pensions shall retain their rights in respect to contributions
credited to their accounts, provided that these rights may be terminated
under specified conditions. |
O.A. -6
I. - 6
W. & O. -5 |
| C. Qualify Period |
|
| 1. The right to a pension may be subject to a qualifying
period which may involve a minimum total number of contributions
and a minimum during a prescribed period previous to the occurrence
of the risk insured against. (In S. Ins. Payment of benefit may
be conditioned on a qualifying period and a waiting period of not
more than 3 days.) |
O.A. -5
I. - 5,1
W. & O. - 4, 1
S. - 2 |
| 2. The qualifying period shall not exceed 60-contribution
months or 250-contribution weeks. |
I. 5-2
W. & O. - 4, 2 |
| 3. Where the laws require minimum contributions during
a prescribed period immediately preceding the risk insured against,
weeks of sickness or unemployment benefit shall count as contribution
weeks as determined by national laws and regulations. |
I. - 5, 3
W. & S. - 4,3 |
| III. BENEFITS |
A. The Amount
1. Cash Benefit |
O. A. - 7
I. - 7
W. & O. - 9 |
a. Pension shall be a fixed amount or a percentage
of the remuneration taken into account for the insurance contributions
or may vary with contributions;
b. When the pension varies with period of insurance and is dependent
upon completion of a qualifying period, the pension shall
include a fixed sum or portion not dependent on period of insurance-unless
a guaranteed minimum is provided;
c. When pension is independent of qualifying period, pension may
provide for a guaranteed minimum rate;
d. When contribution is graduated on the basis of remuneration,
the remuneration taken into account for contributions, shall be
taken into consideration in fixing the pension; |
|
| e. In case of sickness insurance, cash benefit shall
be provided for at least the first 26 weeks of illness. |
S. -3 |
| 2. Benefits in Kind |
I. -8
W. & O. - 10 |
| Insurance institutions shall be authorized to provide
benefits in kind to prevent, postpone, alleviate, or cure invalidity
of persons in receipt of pension or of those who may be entitled
to claim invalidity pension. In sickness insurance, the insured
shall be entitled free of charge from the beginning of illness and
at least until the expiration of sickness benefit, to medical care
by qualified practitioners and to medicines; but the insured may
be required to pay part of cost. Medical care may be granted to
dependent members of the families of the insured. |
S- 4,5
|
B. Conditions for Receipt of Benefit
1. Old age pensions
a. The age at which the insured shall be entitled to a pension shall
not exceed 65. |
O.A. -4 |
2. Invalidity pension
a. Insured persons who become "generally incapacitated for
work and thereby unable to earn appreciable remuneration" shall
be entitled to an invalidity pension; provided that legislation
which secures medical treatment throughout invalidity, and, if invalidity
results in death, which rants a pension at full rates to widows
without condition as to age or invalidity and to orphans, may make
pension conditional upon inability to perform remunerative work; |
I. - 4, 1&2 |
| b. In special schemes for nonmanual workers, invalidity
pensions shall be payable when the insured is suffering from an
incapacity which renders him incapable of earning an appreciable
remuneration in his own or similar occupation. |
I. - 4, 3 |
| 3. Widows' and Orphans' Pensions |
|
a. Minimum benefits
Minimum benefits shall be:
(1) Pensions to widows who have not remarried and to the children
of a deceased insured or pensioned person |
W. & O. -6 |
| (2) Children of a specified age which shall be not
less than 14 shall be of entitled to a pension upon the death of
either parent, provided that the pension on the death of an insured
or pensioned mother may be continued upon her having contributed
to the support of the child or upon her having been a widow at the
time of her death; |
W. & O. - 8, 1 & 2 |
| b. Limitation upon benefits |
W. & O. - 7
1, 2, 3, 4 |
(1) The right to a widow's pension may be restricted
to those above a specified age or who are invalid, with the exception
of special schemes for nonmanual workers;
(2) The right to widow's pension may be restricted to cases in which
marriage has lasted a prescribed period and was contracted before
the insured reached a prescribed age;
(3) Pension may be withheld, if at the time of death and the insured
or pensioned person, the marriage had been dissolved, or separation
been pronounced with wife solely at fault. |
|
4. Sickness benefit
Persons "rendered incapable of work by reason of abnormal state
of bodily or mental health" shall be entitled to sickness benefit
for 26 weeks. |
S. -3 |
C. Conditions under which benefit may be held withheld
or suspended.
1. Benefit may be forfeited or suspended in the following cases: |
|
| a. Fraudulent behavior toward the insurance institution
by the insured or person entitled to benefit. |
O. A. - 8 |
| b. If the insured has caused his invalidity by "criminal
offense" or by "willful misconduct." |
I. - 9 |
| c. If death is caused by willful misconduct of the
insured or of the person who may become entitled to the benefit.
|
W. & O. - 11, 1 |
| 2. Benefit may be suspended under the following conditions: |
|
| a. While the insured is in employment involving compulsory
insurance. |
I. - 9, 1 |
| b. Entirely maintained at public expense or in the
case of invalidity and widows' and orphans' insurance by a social
insurance institution. |
O. A. - 8
I. - 9,2
W. & O. - 11, 2 |
| c. While in receipt of other periodical benefit. |
O. A. - 8
I. - 9, 2
W. & O. - 11, 2 |
| d. Refusal without valid reason to comply with physician's
orders or the removal from supervision of the insurance institution.
|
I. - 9. 2
W. & O. - 11, 2 |
| e. In the case of widows' pensions, living with another
man as his wife when in receipt of a widow's pension granted without
reference to age or invalidity. |
W. & O. - 11, 2 |
3. Benefit may be withheld under the following conditions:
a. Cash benefit |
|
| (1) When in receipt of compensation, to which he is
legally entitled , from another source on account of the same illness,
sick benefit may be withheld to the extent that compensation is
equal to or less than the benefit provided. |
S. - 3 |
| (2) While the insured does not suffer any loss of
normal product of his labor or is maintained at the expense of the
insurance fund or public funds; nevertheless, where the insured
has family responsibilities, benefit shall be only partially withheld;
|
|
| (3) While the insured refuses without valid reason
to comply with physician's orders or remove himself from the supervision
of the insurance institution; |
|
| (4) Benefit may be refuses or reduced in case of sickness
caused by the insured's willful misconduct; |
|
b. Medical benefit
Medical benefit may be withheld for reasons in (4) above. |
S. - 4 |
| IV. SOURCES OF CONTRIBUTION |
| A. Insured Workers and their Employers shall contribute
to insurance |
O. A. - 9, 1
I. - 10, 1
W. & O. - 12, 1
S. - 7 |
B. The following employees may be exempted:
Apprentices and young workers under a prescribed age;
Workers not paid a money wage or whose wages are very low;
Workers in the service of an employer who pays contributions assessed
independently of wages; |
O. A. - 9, 2
I. - 10, 2
W. & O. - 12, 2 |
| C. The government shall contribute to old-age insurance,
invalidity insurance and widows' and orphans' insurance covering
employed persons in general or manual workers. |
O. A. - 9, 4
I. - 10, 4
W. & O. - 12, 4 |
| V. ADMINISTRATION |
| A. Administrative set up |
|
| 1. The insurance shall be administered by institutions
founded by public authorities and not conducted with a view to profit,
or by state insurance funds, provided that national laws may entrust
administration to organizations founded on the initiative of the
parties concerned and approved by public authorities; (provision
in sickness insurance is substantially the same. Article 6) |
O. A. - 10, 1 & 2
I. - 11, 1 & 2
W. & O. - 13, 1 & 2 |
| 2. State insurance funds shall be administered separately
from public funds; |
O. A. - 10, 3
I. - 11, 3
W. & O. - 13, 3 |
| 3. Representative of the insured shall participate
in the management of the insurance organizations, as provided by
law which may decide as to the representation of the employers and
the public authorities; |
O. A. - 10, 4
I. - 11, 4
W. & O. - 13, 4 |
| 4. Self-governing institutions shall be under the
administration and financial supervision of public authorities.
|
O. A. - 10, 5
I. - 11, 5
W. & O. - 13, 5
S. - 6 |
| B. Appeal |
O. A. - 11
I. - 12
W. & O. - 14
S. - 8 |
1. The insured and their legal representatives shall
have the right of appeal on questions concerning benefit;
2. Special tribunals shall be established for disputed concerning
benefits which shall include qualified judges or shall be assisted
by chosen representatives of the insured and their employers;
3. The employee shall have the right of appeal concerning the liability
to insurance and the rate of contributions; and where the employers
contribute, the employer also shall have a right of appeal on these
questions. |
|
| VI. RIGHTS OF FOREIGNERS |
O. A. - 12
I. - 13
W. & O. - 15 |
| A. Liability to insurance, to contributions and rights
to benefits shall be the same for foreigners and their dependents
or survivors as are granted to nationals: |
|
| B. Foreign insured persons and dependents and survivors,
if nationals of a Member bound by this Convention, the laws or regulations
of which provide for a state subsidy conforming to this Convention,
shall be entitled to a subsidy supplementing pensions payable out
of public funds; |
|
| PART
II. |
Nations which do not have compulsory insurance in
existence when the Conventions on
old age insurance, invalidity, and widows' and orphans' insurance
come into effect (i.e., 1 year after ratification by two Members)
shall be deemed to satisfy the Convention if existing pension plans
conform to the following standards. |
| I. BENEFITS |
| A. Old Age |
O. A. -16 |
| Pension awarded at not more than age 65 |
|
B. Invalidity
Persons "generally capacitated for work and thereby unable
to earn an appreciable remuneration" shall be entitled to a
pension. |
I. - 17 |
| C. Survivors' |
W. & O. - 19 |
1. The following shall be entitled to a pension:
a. Every widow who has not remarried and has at least two dependent
children
b. Every orphan, i.e., child who has lost both parents. |
|
2. Pensions may be subject to the following limitations:
a. The circumstances under which an illegitimate child shall be
deemed to be the child of a widow.
b. The age of children's dependency, which shall in no case be less
than 14. |
|
| II. CONDITIONS FOR RECEIPT OF
BENEFIT |
| A. Length of residence |
O. A. -17
I. - 18
W. & O. - 20 |
1. Benefit
A pension may be conditioned upon length of residence in territory
of national immediately preceding the claim, but the required residence
period shall not exceed 10 years in the case of old age pension;
5 years for availability pension; and 5 years residence of deceased
husband, widow or parents in case of widows' and orphans' pension. |
|
| B. Means Test |
O. A. - 22
I. - 23 |
1. A pension may be granted, subject to the provision
that a claimant shall be entitled to a pension if the annual value
of his means does not exceed a specified limit;
2. In determining means, income up to a specified maximum shall
be exempted.
|
|
C. Disqualification
The right to a pension may be forfeited or suspended in whole or
in part under the following circumstances: |
O. A. - 22
I. - 23 |
a. Where the person concerned has been sentenced to
imprisonment for criminal offense;
b. Attempted to obtain a pension by fraud;
c. Has persistently refused to earn his living by work compatible
with his strength or capacity; |
|
| d. Has brought about invalidity by criminal offense
or his willful misconduct, in case of invalidity insurance only; |
I. - 23 |
| e. In the case of widows' and orphans' pensions, the
right may be forfeited or suspended wholly or in part, if the widow
or person responsible for a child has obtained or attempted to obtain
a pension fraudulently. |
W. & O. - 25 |
| 2. Pension may be suspended in whole or in part while
the person is entirely maintained at public expense. |
O. A. - 22
I. - 23
W. & O. - 25 |
| III. RATE OF PENSION |
| A. The rate of pension, together with any means of
claimant in excess of that exempted, shall be sufficient to cover
"essential needs of pensioner." |
O. A. - 19
I. - 20
W. & O. - 22 |
| IV. APPEALS |
| A. Claimant shall have the right of appeal in any
dispute concerning the rate of pension. |
O. A. - 20
I. - 21
W. & O. - 23 |
| B. An appeal shall be to an authority other than that
which gave the first decision. |
|
| V. FOREIGNERS |
O. A. - 21
I. - 22
W. & O. - 24 |
| A. Foreigners (and their widows and orphans in the
case of widows' and orphans' pensions) who are nationals of a member
bound by the Convention shall be entitled to pensions on the same
ground as nationals; |
|
| B. Pensions to foreigners may be conditioned upon
residence in the territory of a Member for not more than 5 years
in excess of that required of nationals. |
|
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