PART X. SURVIVORS ’ BENEFIT

Article 57 PART X. SURVIVORS ’ BENEFIT

1. The benefit specified in Article 56 shall, in

a contingency covered, be secured at least:

Article 59

Each Member for which this Part of this Convention is in force shall secure to the

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persons protected the provision of survivors ’ (b) where all residents whose means during the benefit in accordance with the following

contingency do not exceed prescribed Articles of this Part.

limits are protected, in such a manner as to comply with the requirements of

Article 60

Article 67.

1. The contingency covered shall include the loss of support suffered by the widow or child

Article 63

as the result of the death of the breadwinner;

1. The benefit specified in Article 62 shall, in in the case of a widow, the right to benefit may

a contingency covered, be secured at least:

be made conditional on her being presumed, in (a) to a person protected whose breadwinner accordance with national laws or regulations, to

has completed, in accordance with

be incapable of self-support. prescribed rules, a qualifying period which

2. National laws or regulations may provide may be 15 years of contribution or that the benefit of a person otherwise entitled

employment, or 10 years of residence; or to it may be suspended if such person is

(b) where, in principle, the wives and children engaged in any prescribed gainful activity or

of all economically active persons are that the benefit, if contributory, may be

protected, to a person protected whose reduced where the earnings of the beneficiary

breadwinner has completed a qualifying exceed a prescribed amount, and, if non-

period of three years of contribution and in contributory, may be reduced where the

respect of whose breadwinner, while he earnings of the beneficiary or his other means

was of working age, the prescribed yearly or the two taken together exceed a prescribed

average number of contributions has been amount.

paid.

Article 61

2. Where the benefit referred to in paragraph 1 The persons protected shall comprise:

is conditional upon a minimum period of contribution or employment, a reduced benefit

(a) the wives and the children of breadwinners shall be secured at least: in prescribed classes of employees, which

classes constitute not less than 50 per (a) to a person protected whose breadwinner cent. of all employees; or

has completed, in accordance with prescribed rules, a qualifying period of five

(b) the wives and the children of breadwinners years of contribution or employment; or in prescribed classes of the economically

active population, which classes constitute (b) where, in principle, the wives and children not less than 20 per cent. of all residents;

of all economically active persons are or

protected, to a person protected whose breadwinner has completed a qualifying

(c) all resident widows and resident children period of three years of contribution and in who have lost their breadwinner and whose

respect of whose breadwinner, while he means during the contingency do not

was of working age, half the yearly average exceed limits prescribed in such a manner

number of contributions prescribed in as to comply with the requirements of

accordance with subparagraph (b) of Article 67; or

paragraph 1 of this Article has been paid. (d) where a declaration made in virtue of Article 3 is in force, the wives and the

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a children of breadwinners in prescribed

benefit calculated in conformity with the classes of employees, which classes

requirements of Part XI but a percentage of ten constitute not less than 50 per cent. of all

points lower than shown in the Schedule employees

appended to that Part for the standard employing 20 persons or more.

in industrial

workplaces

beneficiary concerned is secured at least to a

Article 62

person protected whose breadwinner has The benefit shall be a periodical payment

completed, in accordance with prescribed calculated as follows:

rules, five years of contribution, employment or residence.

(a) where classes of employees or classes of the economically active population are

4. A proportional reduction of the percentage protected, in such a manner as to comply

indicated in the Schedule appended to Part XI either with the requirements of Article 65

may be effected where the qualifying period for or with the requirements of Article 66;

the benefit corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of

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contribution or employment; a reduced benefit

6. For the purpose of this Article, a skilled shall be payable in conformity with paragraph 2

manual male employee shall be: of this Article.

(a) a fitter or turner in the manufacture of

5. In order that a childless widow presumed to machinery other than electrical machinery;

be incapable of self-support may be entitled to

or

a survivor ’s benefit, a minimum duration of the (b) a person deemed typical of skilled labour marriage may be required.

selected in accordance with the provisions

Article 64

of the following paragraph; or The benefit specified in Articles 62 and 63

(c) a person whose earnings are such as to be shall be granted throughout the contingency.

equal to or greater than the earnings of

75 per cent. of all the persons protected,

PART XI. STANDARDS TO BE COMPLIED

such earnings to be determined on the

WITH BY PERIODICAL PAYMENTS

basis of annual or shorter periods as may

Article 65

be prescribed; or

1. In the case of a periodical payment to which (d) a person whose earnings are equal to 125 this Article applies, the rate of the benefit,

per cent. of the average earnings of all the increased by the amount of any family

persons protected. allowances payable during the contingency,

7. The person deemed typical of skilled labour shall be such as to attain, in respect of the

for the purposes of subparagraph (b) of the contingency in question, for the standard

preceding paragraph shall be a person beneficiary indicated

employed in the major group of economic appended to this Part, at least the percentage

activities with the largest number of indicated therein of the total of the previous

economically active male persons protected in earnings of the beneficiary or his breadwinner

the contingency in question, or of the and of the amount of any family allowances

breadwinners of the persons protected, as the payable to a person protected with the same

case may be, in the division comprising the family responsibilities

of such persons or beneficiary.

for this purpose, the

2. The previous earnings of the beneficiary or international standard industrial classification his breadwinner shall be calculated according

of all economic activities, adopted by the to prescribed rules, and, where the persons

Economic and Social Council of the United protected or their breadwinners are arranged in

Nations at its Seventh Session on 27 August classes according to their earnings, their

1948, and reproduced in the Annex to this previous earnings may be calculated from the

Convention, or such classification as at any basic earnings of the classes to which they

time amended, shall be used. belonged.

8. Where the rate of benefit varies by region,

3. A maximum limit may be prescribed for the the skilled manual male employee may be rate of the benefit or for the earnings taken into

determined for each region in accordance with account for the calculation of the benefit,

paragraphs 6 and 7 of this Article. provided that the maximum limit is fixed in

9. The wage of the skilled manual male such a way that the provisions of paragraph 1

employee shall be determined on the basis of of this Article are complied with where the

the rates of wages for normal hours of work previous earnings of the beneficiary or his

fixed by collective agreements, by or in breadwinner are equal to or lower than the wage

pursuance of national laws or regulations, of a skilled manual male employee.

where applicable, or by custom, including cost-

4. The previous earnings of the beneficiary or of-living allowances if any; where such rates his breadwinner, the wage of the skilled manual

differ by region but paragraph 8 of this Article male employee, the benefit and any family

is not applied, the median rate shall be taken. allowances shall be calculated on the same

10. The rates of current periodical payments time basis.

in respect of old age, employment injury

5. For the other beneficiaries, the benefit shall (except in case of incapacity for work), bear a reasonable relation to the benefit for the

invalidity and death of breadwinner, shall be standard beneficiary.

reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

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Article 66

7. The wage of the ordinary adult male

1. In the case of a periodical payment to which labourer shall be determined on the basis of the this Article applies, the rate of the benefit,

rates of wages for normal hours of work fixed by increased by the amount of any family

collective agreements, by or in pursuance of allowances payable during the contingency,

national laws or regulations, where applicable, shall be such as to attain, in respect of the

custom, including cost-of-living contingency in question, for the standard

or

by

allowances if any; where such rates differ by beneficiary indicated

region but paragraph 6 of this Article is not appended to this Part, at least the percentage

applied, the median rate shall be taken. indicated therein of the total of the wage of an

8. The rates of current periodical payments in ordinary adult male labourer and of the amount

respect of old age, employment injury (except of any family allowances payable to a person

in case of incapacity for work), invalidity and protected with the same family responsibilities

death of breadwinner, shall be reviewed as the standard beneficiary.

following substantial changes in the general

2. The wage of the ordinary adult male level of earnings where these result from labourer, the benefit and any family allowances

substantial changes in the cost of living. shall be calculated on the same time basis.

Article 67

3. For the other beneficiaries, the benefit shall In the case of a periodical payment to which bear a reasonable relation to the benefit for the

standard beneficiary. this Article applies: (a) the rate of the benefit shall be determined

4. For the purpose of this Article, the ordinary adult male labourer shall be:

according to a prescribed scale or a scale fixed by the competent public authority in

(a) a person deemed typical of unskilled labour conformity with prescribed rules; in the manufacture of machinery other than

electrical machinery; or (b) such rate may be reduced only to the extent by which the other means of the family of (b) a person deemed typical of unskilled labour

beneficiary exceed prescribed selected in accordance with the provisions

the

amounts or substantial of the following paragraph.

substantial

amounts fixed by the competent public

5. The person deemed typical of unskilled authority in conformity with prescribed labour for the purpose of subparagraph (b) of

rules;

the preceding paragraph shall be a person (c) the total of the benefit and any other employed in the major group of economic

means, after deduction of the substantial activities with the largest number of

amounts referred to in subparagraph (b), economically active male persons protected in

shall be sufficient to maintain the family of the contingency in question, or of the

the beneficiary in health and decency, and breadwinners of the persons protected, as the

shall be not less than the corresponding case may be, in the division comprising the

benefit calculated in accordance with the largest

requirements of Article 66; breadwinners;

number of such

persons

or

(d) the provisions of subparagraph (c) shall be international standard industrial classification

for this

purpose,

the

deemed to be satisfied if the total amount of all economic activities, adopted by the

Economic and Social Council of the United of benefits paid under the Part concerned exceeds by at least 30 per cent. the total

Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this

amount of benefits which would be obtained by applying the provisions of

Convention, or such classification as at any time amended, shall be used.

Article 66 and the provisions of: (i) Article 15 (b) for Part III;

6. Where the rate of benefit varies by region, the ordinary adult male labourer may be

(ii) Article 27 (b) for Part V; determined for each region in accordance with

(iii) Article 55 (b) for Part IX; paragraphs 4 and 5 of this Article.

(iv) Article 61 (b) for Part X.

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