C128 - Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128)

 
EXTRACTO GRATUITO
Preamble

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its Fifty-first Session on 7 June 1967, and

Having decided upon the adoption of certain proposals with regard to the revision of the Old-Age Insurance (Industry, etc.) Convention, 1933, the Old-Age Insurance (Agriculture) Convention, 1933, the Invalidity Insurance (Industry, etc.) Convention, 1933, the Invalidity Insurance (Agriculture) Convention, 1933, the Survivors' Insurance (Industry etc.) Convention, 1933, and the Survivors' Insurance (Agriculture) Convention, 1933 which is the fourth item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention,

adopts this twenty-ninth day of June of the year one thousand nine hundred and sixty-seven the following Convention, which may be cited as the Invalidity, Old-Age and Survivors' Benefits Convention, 1967:

PART I. GENERAL PROVISIONS
Article 1

In this Convention--

  • (a) the term legislation includes any social security rules as well as laws and regulations;
  • (b) the term prescribed means determined by or in virtue of national legislation;
  • (c) the term industrial undertaking includes all undertakings in the following branches of economic activity: mining and quarrying; manufacturing; construction; electricity, gas, water and sanitary services; and transport, storage and communication;
  • (d) the term residence means ordinary residence in the territory of the Member, and the term resident means a person ordinarily resident in the territory of the Member;
  • (e) the term dependent refers to a state of dependency which is presumed to exist in prescribed cases;
  • (f) the term wife means a wife who is dependent on her husband;
  • (g) the term widow means a woman who was dependent on her husband at the time of his death;
  • (h) the term child covers--
    • (i) a child under school-leaving age or under 15 years of age whichever is the higher; and
    • (ii) a child under a prescribed age higher than that specified in clause (i) of this subparagraph and who is an apprentice or student or has a chronic illness or infirmity disabling him for any gainful activity, under prescribed conditions: Provided that this requirement shall be deemed to be met where national legislation defines the term so as to cover any child under an age appreciably higher than that specified in clause (i) of this subparagraph;
    • (i) the term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed;
  • (j) the terms contributory benefits and non-contributory benefits means respectively benefits the grant of which depends or does not depend on direct financial participation by the persons protected or their employer or on a qualifying period of occupational activity.
Article 2
  1. 1. Each Member for which this Convention is in force shall comply with--
    • (a) Part I;
    • (b) at least one of Parts II, III and IV;
    • (c) the relevant provisions of Parts V and VI; and
    • (d) Part VII.
  2. 2. Each Member shall specify in its ratification in respect of which of Parts II to IV it accepts the obligations of the Convention.
Article 3
  1. 1. Each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office that it accepts the obligations of the Convention in respect of one or more of Parts II to IV not already specified in its ratification.
  2. 2. The undertakings referred to in paragraph 1 of this Article shall be deemed to be an integral part of the ratification and to have the force of ratification as from the date of notification.
Article 4
  1. 1. A Member whose economy is insufficiently developed may avail itself, by a declaration accompanying its ratification, of the temporary exceptions provided for in the following Articles: Article 9 paragraph 2; Article 13, paragraph 2; Article 16, paragraph 2; and Article 22, paragraph 2. Any such declaration shall state the reason for such exceptions.
  2. 2. Each Member which has made a declaration under paragraph 1 of this Article shall include in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation a statement in respect of each exception of which it avails itself--
    • (a) that its reason for doing so subsists; or
    • (b) that it renounces its right to avail itself of the exception in question as from a stated date.
  3. 3. Each Member which has made a declaration under paragraph 1 of this Article shall increase the number of employees protected as circumstances permit.
Article 5

Where, for the purpose of compliance with any of the Parts II to IV of this Convention which are to be covered by its ratification, a Member is required to protect prescribed classes of persons constituting not less than a specified percentage of employees or of the whole economically active population, the Member shall satisfy itself, before undertaking to comply with any such Part, that the relevant percentage is attained.

Article 6

For the purpose of compliance with Parts II, III or IV of this Convention, a Member may take account of protection effected by means of insurance which, although not made compulsory by its legislation for the persons to be protected--

  • (a) is supervised by the public authorities or administered, in accordance with prescribed standards, by joint operation of employers and workers;
  • (b) covers a substantial part of the persons whose earnings do not exceed those of the skilled manual male employee; and
  • (c) complies, in conjunction with other forms of protection, where appropriate, with the relevant provisions of the Convention.
PART II. INVALIDITY BENEFIT
Article 7

Each Member for which this Part of this Convention is in force shall secure to the persons protected the provision of invalidity benefit in accordance with the following Articles of this Part.

Article 8

The contingency covered shall include incapacity to engage in any gainful activity, to an extent prescribed, which incapacity is likely to be permanent or persists after the termination of a prescribed period of temporary or initial incapacity.

Article 9
  1. 1. The persons protected shall comprise--
    • (a) all employees, including apprentices; or
    • (b) prescribed classes of the economically active population constituting not less than 75 per cent. of the whole economically active population; or
    • (c) all residents, or residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 28.
  2. 2. Where a declaration made in virtue of Article 4 is in force, the persons protected shall comprise--
    • (a) prescribed classes of employees, constituting not less than 25 per cent. of all employees;
    • (b) prescribed classes of employees in industrial undertakings...

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