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 a Recommendation supplementing the Invalidity, Old-Age and Survivors' Benefits Convention, 1967,
adopts this twenty-ninth day of June of the year one thousand nine hundred and sixty-seven, the following Recommendation, which may be cited as the Invalidity, Old-Age and Survivors' Benefits Recommendation, 1967:
I. General Provisions
- 1. In this Recommendation--
- (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 dependent refers to a state of dependency which is presumed to exist in prescribed cases;
- (d) the term wife means a wife who is dependent on her husband;
- (e) the term widow means a woman who was dependent on her husband at the time of his death;
- (f) 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 subclause (i) of this clause and who is an apprentice or student or has a chronic illness or infirmity disabling him for any gainful activity, under prescribed conditions;
- (g) 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;
- (h) the term contributory benefits means benefits the grant of which depends on direct financial participation by the persons protected or their employer or on a qualifying period of occupational activity.
II. Persons Protected
- 2. Members should extend the application of their legislation providing for invalidity and old-age benefits, by stages if necessary, and under appropriate conditions--
- (a) to persons whose employment is of a casual nature;
- (b) to all economically active persons.
- 3. Members should extend the application of their legislation providing for survivors' benefits, by stages if necessary, and under appropriate conditions, to the wives, children and, as may be prescribed, other dependants of--
- (a) persons whose employment is of a casual nature;
- (b) all economically active persons.
III. Contingencies Covered
- 4. The definition of invalidity should take into account incapacity to engage in an activity involving substantial gain.
- 5. A reduced benefit should be provided in respect of partial invalidity, under prescribed conditions.
- 6. With a view to protecting persons who are over a prescribed age but have not attained pensionable age Members should provide benefits, under prescribed conditions, for--
- (a) persons whose unfitness for work is established or presumed;
- (b) persons who have been involuntarily unemployed for a prescribed period; or
- (c) any other prescribed categories of persons for which such a measure is justified on social grounds.
- 7. The pensionable age should where appropriate be lowered, under prescribed conditions, in respect of any prescribed categories of persons for which such a measure is justified on social grounds.
- 8. A reduced old-age benefit should be payable under prescribed conditions to a person protected who, by reason only of his advanced age when the legislation giving effect to the Invalidity, Old-Age and Survivors' Benefits Convention, 1967, comes into force, has not satisfied the qualifying conditions prescribed, unless a benefit in conformity with the provisions of paragraph 1, 3 or 4 of Article 18 of that Convention is secured to such person at an age higher than the normal pensionable age.
- 9. Where the widow's right to a survivors' benefit is conditional on the attainment of a prescribed age, a widow below that age should be given every assistance and all facilities, including training and placement facilities and the provision of benefit where appropriate, to enable her to obtain suitable employment.
- 10. A widow whose husband had fulfilled the prescribed qualifying conditions, but who does not herself fulfil the conditions for a survivors' benefit, should be entitled to an allowance for a specified period, or a lump-sum death benefit.
- 11. A contributory old-age benefit, or a contributory survivors' benefit payable to a widow, should not be suspended after a prescribed age solely because the person concerned is gainfully occupied.
- 12. An invalid and dependent widower should, under prescribed conditions, enjoy the same entitlements to survivors' benefit as a widow.
- 13. An invalidity benefit should be secured at least to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be five years of contribution, employment or residence.
- 14. The qualifying period for an invalidity benefit should be eliminated or reduced, under prescribed conditions, in the case of young workers who have not attained a prescribed age.
- 15. The qualifying period for an invalidity benefit should be eliminated or reduced, under prescribed conditions, where the invalidity is due to an accident.
- 16. An old-age benefit should be secured at least to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 20 years of contribution or employment or 15 years of residence.
- 17. Where an old-age benefit is conditional upon a minimum period of contribution or employment, a reduced old-age benefit should be secured at least to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of ten years of contribution or employment.
- 18. Where an old-age benefit is conditional upon a minimum period of contribution or employment, the amount of the old-age benefit should be increased under prescribed conditions--
- (a) where the grant of the benefit is conditional upon retirement from a prescribed gainful activity, if a person who has reached the pensionable age and has fulfilled the qualifying conditions of contribution or employment prescribed for a benefit defers his retirement;
- (b) where the grant of an old-age benefit is not conditional upon retirement from a prescribed gainful activity, if a person who has reached the pensionable age and has fulfilled the qualifying conditions prescribed for a benefit defers his claim to benefit.
- 19. A survivors' benefit should be secured at least on the qualifying conditions provided for in Paragraph 13 of this Recommendation for an invalidity benefit.
- 20. Where the grant of invalidity, old-age and survivors' benefits depends on a period of contribution or employment, at least periods of incapacity due to sickness, accident or maternity and periods of involuntary unemployment, in respect of which benefit was paid, should be assimilated, under prescribed conditions, to periods of contribution or employment in calculating the qualifying period that has been fulfilled by the person concerned.
- 21. Where the grant of invalidity, old-age and survivors' benefits depends on a qualifying period of contribution or employment, periods of compulsory military service should be assimilated, under prescribed conditions, to periods of contribution or employment in calculating the qualifying period that has been fulfilled by the person concerned.
IV. Benefits
- 22. The percentages indicated in the Schedule appended to Part V of the Invalidity, Old-Age and Survivors' Benefits Convention, 1967, should be increased by at least ten points.
- 23. National legislation should fix minimum amounts of invalidity, old-age and survivors' benefits, so as to ensure a minimum standard of living.
- 24. The amount of invalidity, old-age and survivors' benefits should be periodically adjusted taking account of changes in the general level of earnings or the cost of living.
- 25. Increments in benefits or supplementary or special benefits should be provided, under prescribed conditions, for pensioners requiring the constant help or attendance of another person.
- 26. Benefits to which a person protected would otherwise be entitled should not be suspended solely because the person concerned is absent from the territory of the Member.
