R167 - Maintenance of Social Security Rights Recommendation, 1983 (No. 167)

 
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 Sixty-ninth Session on 1 June 1983, and

Recalling the principles established by the Equality of Treatment (Social Security) Convention, 1962, which relate not only to equality of treatment but also to the maintenance of rights in course of acquisition and of acquired rights, and by the Maintenance of Social Rights Convention, 1982, and

Considering it necessary to promote the conclusion of bilateral or multilateral social security instruments between Members of the International Labour Organisation, as well as the international co-ordination of these instruments, in particular for the application of the Equality of Treatment (Social Security) Convention, 1962, and of the Maintenance of Social Security Rights Convention, 1982 and

Having decided upon the adoption of certain proposals with regard to the maintenance of rights in social security, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Recommendation;

adopts this twentieth day of June of the year one thousand nine hundred eighty-three, the following Recommendation, which may be cited as the Maintenance of Social Security Rights Recommendation, 1983:

  1. 1. In this Recommendation-
    • (a) the term Member means any State Member of the International Labour Organisation;
    • (b) the term legislation includes any social security rules as well as laws and regulations;
    • (c) the term refugee has the meaning assigned to it in Article 1 of the Convention relating to the Status of Refugees of 28 July 1951 and in paragraph 2 of Article 1 of the Protocol relating to the Status of Refugees of 31 January 1967, without geographical limitation;
    • (d) the term stateless person has the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons of 28 September 1954;
    • (e) the term members of the family means persons defined or recognised as such or as members of the household by the legislation under which benefits are awarded or provided, as appropriate, or persons determined by mutual agreement between the Members concerned; where persons are defined or recognised as members of the family or as members of the household under the relevant legislation only on the condition that they are living with the person concerned, this condition shall be deemed to be satisfied in respect of persons who obtain their main support from the person concerned;
    • (f) the term survivors means persons defined or recognised as such by the legislation under which benefits are awarded; where persons are defined or recognised as survivors under the relevant legislation only on the condition that they were living with the deceased, this condition shall be deemed to be satisfied in respect of persons who obtained their main support from the deceased;
    • (g) the term residence means ordinary residence.
  2. 2. Members bound by a bilateral or multilateral social security instrument should endeavour by mutual agreement to extend to the nationals of any other Member, as well as to refugees and stateless persons resident in the territory of any Member, the benefit of the provisions of that instrument relating to-
  • (a) the determination of the applicable legislation;
  • (b) the maintenance of rights in course of acquisition;
  • (c) the maintenance of acquired rights and provision of benefits abroad.
  • 3. Members should conclude among themselves and with the States concerned appropriate administrative or financial arrangements to remove possible obstacles to the provision of invalidity, old-age and survivors' benefits, pensions in respect of employment injuries and death grants, to which a right is acquired under their legislation, to beneficiaries who are nationals of a Member or refugees or stateless persons resident abroad.
  • 4. Where one of the Members bound by a bilateral or multilateral social security instrument has no legislation in force in respect of unemployment benefit or family benefit, the Members so bound should endeavour to conclude between themselves appropriate arrangements to compensate equitably the loss of the absence of rights resulting therefrom for persons who transfer their residence from the territory of a Member which has legislation in force in respect of the benefits concerned to the territory of a Member which has no such legislation, or for the members of the family of persons entitled to family benefit under the legislation of the first Member when these members of the family are resident in the territory of the second Member.
  • 5. Where, in application of the Equality of Treatment (Social Security) Convention, 1962, the Maintenance of Social Security Rights Convention, 1982, or any bilateral or multilateral social security instrument, cash benefits have to be paid to beneficiaries residing in the territory of a State other than the one in whose territory the institution liable for the payment is located, this institution should, whenever possible, pay the beneficiary direct, particularly in the case of invalidity, old-age and survivors' benefits and also pensions in respect of employment injuries. The transfer of these benefits and pensions should be made with the minimum delay, so that beneficiaries may have them at their disposal as quickly as possible. In the case of indirect payment, the institution acting as intermediary in the country of residence of the beneficiary should do its utmost to see that the latter shall receive promptly the benefits due.
  • 6. Members concerned should endeavour to conclude bilateral and multilateral social security instruments covering the nine branches of social security mentioned in paragraph 1 of Article 2 of the Maintenance of Rights in Social Security Convention, 1982; to develop the co-ordination of bilateral or multilateral social security instruments by which they are respectively bound; and to conclude an international agreement to this effect, with the assistance of the International Labour Office, where appropriate.
  • 7. For the application of the provisions of Articles 6 to 8 of the Equality of Treatment (Social Security) Convention, 1962, and of paragraph 1 of Article 4 of the Maintenance of Social Security Rights Convention, 1982, Members bound b by these Conventions should take account, as appropriate, of the model provisions and the model agreement annexed to this Recommendation, designed for the conclusion of bilateral or multilateral social security instruments and for their co-ordination.
  • 8. Members concerned, even if they are not yet bound by at least one of the Conventions referred to in Paragraph 7 of this Recommendation, should endeavour to participate in the international system provided for by the Maintenance of Social Security Rights Convention, 1982, taking account, as appropriate, of the model provisions and the model agreement annexed to this Recommendation.
  • ANNEX I Model Provisions for the Conclusion of Bilateral or Multilateral Social Security Instruments I. DEFINITIONS
    Article 1
    1. For the purpose of these model provisions-
      • (a) the term legislation includes any social security rules as well as laws and regulations;
      • (b) the term competent State means a Contracting Party under whose legislation the person concerned can claim benefit;
      • (c) the term competent authority means the minister, ministers or other corresponding authority responsible for the social security schemes in all or any part of the territory of each Contracting Party;
      • (d) the term institution means any body or authority directly responsible for applying all or part of the legislation of a Contracting Party;
      • (e) the term competent institution means --
        • (i) in relation to a social insurance scheme, either the institution with which the person concerned is insured when he claims benefit, or an institution from which he is entitled to receive benefit or would be entitled to receive benefit if he were resident in the territory of the Contracting Party where that institution is situated, or the institution designated by the competent authority of the Contracting Party concerned;
        • (ii) in relation to a scheme other than a social insurance scheme, or in relation to a family benefits scheme, the institution designated by the competent authority of the Contracting Party concerned;
        • (iii) in relation to a scheme consisting of obligations imposed on employers either the employer or his insurer or, in default thereof, the body or authority designated by the competent authority of the Contracting Party concerned;
      • (f) the term provident fund means a compulsory savings institution;
      • (g) the term members of the family means persons defined or recognised as such or as members of the household by the legislation under which benefits are awarded or provided, as appropriate, or persons determined by mutual agreement between the Contracting Parties concerned; where persons...

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