PERIODICAL PAYMENTS TO STANDARD BENEFICIARIES

SCHEDULE II. PERIODICAL PAYMENTS TO STANDARD BENEFICIARIES

Category

Standard beneficiary

Percentage

60 incapacity for work

1. Temporary or initial Man with wife and two children

60 or corresponding loss of faculty

2. Total loss of earning capacity Man with wife and two children

3. Death of breadwinner

Widow with two children

ANNEX: International standard industrial

List of major divisions, divisions and major

classification of all economic activities (revised

groups

up to 1969)

C128 – Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 Preamble

following Convention, which may be cited as The General Conference of the International

the Invalidity, Old-Age and Survivors ’ Benefits Labour Organisation,

Convention, 1967: Having been convened at Geneva by the

PART I. GENERAL PROVISIONS

Governing Body of the International Labour

Article 1

Office, and having met in its Fifty-first Session on 7 June 1967, and

In this Convention: Having decided upon the adoption of certain

(a) the term legislation includes any social proposals with regard to the revision of the Old-

security rules as well as laws and Age Insurance (Industry, etc.) Convention,

regulations;

1933, the Old-Age Insurance (Agriculture) (b) the term prescribed means determined by Convention, 1933, the Invalidity Insurance

or in virtue of national legislation; (Industry, etc.) Convention, 1933, the

(c) the term industrial undertaking includes all Invalidity Insurance (Agriculture) Convention,

undertakings in the following branches of 1933, the Survivors ’ Insurance (Industry, etc.)

economic activity: mining and quarrying; Convention, 1933,

manufacturing; construction; electricity, Insurance (Agriculture) Convention, 1933,

and

the

Survivors ’

gas, water and sanitary services; and which is the fourth item on the agenda of the

transport, storage and communication; session, and

(d) the term residence means ordinary Having determined that these proposals shall

residence in the territory of the Member, take the form of an international Convention,

and the term resident means a person adopts this twenty-ninth day of June of the year

ordinarily resident in the territory of the one thousand nine hundred and sixty-seven the

Member;

International standards and human rights instruments

(e) the term dependent refers to a state of integral part of the ratification and to have the dependency which is presumed to exist in

force of ratification as from the date of prescribed cases;

notification.

(f) the term wife means a wife who is

Article 4

1. A Member whose economy is insufficiently (g) the term widow means a woman who was

dependent on her husband;

developed may avail itself, by a declaration dependent on her husband at the time of

accompanying its ratification, of the temporary his death;

exceptions provided for in the following (h) the term child covers:

Articles: Article 9, paragraph 2; Article 13, (i) a child under school-leaving age or

paragraph 2; Article 16, paragraph 2; and under 15 years of age, whichever is the

Article 22, paragraph 2. Any such declaration higher; and

shall state the reason for such exceptions. (ii) a child under a prescribed age higher

2. Each Member which has made a than that specified in clause (i) of this

declaration under paragraph 1 of this Article subparagraph and who is an apprentice

shall include in its reports upon the application or student or has a chronic illness or

of this Convention submitted under Article 22 infirmity disabling him for any gainful

of the Constitution of the International Labour activity, under prescribed conditions:

Organisation a statement in respect of each Provided that this requirement shall be

exception of which it avails itself: deemed to be met where national

(a) that its reason for doing so subsists; or legislation defines the term so as to

(b) that it renounces its right to avail itself of cover any child under an age

the exception in question as from a stated appreciably higher than that specified

date.

3. Each Member which has made a (i) the term qualifying period means a period

in clause (i) of this subparagraph;

declaration under paragraph 1 of this Article of contribution, or a period of employment,

shall increase the number of employees or a period of residence, or any

protected as circumstances permit. combination thereof, as may be prescribed;

Article 5

(j) the terms contributory benefits and non- contributory benefits means respectively

Where, for the purpose of compliance with any benefits the grant of which depends or

of the Parts II to IV of this Convention which does not depend on direct financial

are to be covered by its ratification, a Member participation by the persons protected or

is required to protect prescribed classes of their employer or on a qualifying period of

persons constituting not less than a specified occupational activity.

percentage of employees or of the whole economically active population, the Member

Article 2

shall satisfy itself, before undertaking to

1. Each Member for which this Convention is comply with any such Part, that the relevant in force shall comply with:

percentage is attained. (a) Part I;

Article 6

(b) at least one of Parts II, III and IV; For the purpose of compliance with Parts II, III (c) the relevant provisions of Parts V and VI;

or IV of this Convention, a Member may take and

account of protection effected by means of (d) Part VII.

insurance

which, although not made

2. Each Member shall specify in its compulsory by its legislation for the persons to ratification in respect of which of Parts II to IV

be protected:

it accepts the obligations of the Convention. (a) is supervised by the public authorities or

administered,

in accordance with

Article 3

prescribed standards, by joint operation of

1. Each Member which has ratified this employers and workers; Convention may subsequently notify the

(b) covers a substantial part of the persons Director-General of the International Labour

whose earnings do not exceed those of the Office that it accepts the obligations of the

skilled manual male employee; and Convention in respect of one or more of Parts II

(c) complies, in conjunction with other forms to IV not already specified in its ratification.

of protection, where appropriate, with the

2. The undertakings referred to in paragraph relevant provisions of the Convention.

1 of this Article shall be deemed to be an

Building social protection systems

PART II. INVALIDITY BENEFIT

with prescribed rules, a qualifying period

Article 7

which may be 15 years of contribution or Each Member for which this Part of this

employment, or ten years of residence; or Convention is in force shall secure to the

(b) where, in principle, all economically active persons protected the provision of invalidity

persons are protected, to a person benefit in accordance with the following

protected who has completed, prior to the Articles of this Part.

contingency,

in accordance with prescribed rules, a qualifying period of

Article 8

three years of contribution and in respect The contingency covered shall include

of whom, while he was of working age, the incapacity to engage in any gainful activity, to

prescribed yearly average number or yearly an extent prescribed, which incapacity is likely

number of contributions has been paid. to be permanent or persists after the

2. Where the invalidity benefit is conditional termination of a prescribed period of temporary

upon a minimum period of contribution, or initial incapacity.

employment or residence, a reduced benefit

Article 9

shall be secured at least:

1. The persons protected shall comprise: (a) to a person protected who has completed, prior to the contingency, in accordance

(a) all employees, including apprentices; or with prescribed rules, a qualifying period of (b) prescribed classes of the economically

five years of contribution, employment or active population, constituting not less

residence; or

than 75 per cent. of the whole (b) where, in principle, all economically active economically active population; or

persons are protected, to a person (c) all residents, or residents whose means

protected who has completed, prior to the during the contingency do not exceed

in accordance with limits prescribed in such a manner as to

contingency,

prescribed rules, a qualifying period of comply with the requirements of Article

three years of contribution and in respect

28. of whom, while he was of working age, half

2. Where a declaration made in virtue of of the yearly average number or of the Article 4 is in force, the persons protected shall

yearly number of contributions prescribed comprise:

in accordance with subparagraph (b) of (a) prescribed

paragraph 1 of this Article has been paid. constituting not less than 25 per cent. of

3. The requirements of paragraph 1 of this all employees;

Article shall be deemed to be satisfied where a (b) prescribed classes of employees in

benefit calculated in conformity with the industrial undertakings, constituting not

requirements of Part V but at a percentage of less than 50 per cent. of all employees in

ten points lower than shown in the Schedule industrial undertakings.

appended to that Part for the standard beneficiary concerned is secured at least to a

Article 10

person protected who has completed, in The invalidity benefit shall be a periodical

accordance with prescribed rules, five years of payment calculated as follows:

contribution, employment or residence. (a) where employees or classes of the

4. A proportional reduction of the percentage economically

indicated in the Schedule appended to Part V protected, in such a manner as to comply

may be effected where the qualifying period for either with the requirements of Article 26

the benefit corresponding to the reduced or with the requirements of Article 27;

percentage exceeds five years of contribution, (b) where all residents or all residents whose

employment or residence but is less than means during the contingency do not

15 years of contribution or employment or ten exceed prescribed limits are protected, in

years of residence; a reduced benefit shall be such a manner as to comply with the

payable in conformity with paragraph 2 of this requirements of Article 28.

Article.

5. The requirements of paragraphs 1 and 2 of

Article 11

this Article shall be deemed to be satisfied

1. The benefit specified in Article 10 shall, in where a benefit calculated in conformity with

a contingency covered, be secured at least: the requirements of Part V is secured at least (a) to a person protected who has completed,

to a person protected who has completed, in prior to the contingency, in accordance

accordance with prescribed rules, a qualifying

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period of contribution or employment which than 75 per cent. of the whole shall not be more than five years at a prescribed

economically active population; or minimum age and may rise with advancing age

(c) all residents or residents whose means to not more than a prescribed maximum

during the contingency do not exceed number of years.

limits prescribed in such a manner as to

Article 12

comply

with the requirements of

Article 28.

The benefit specified in Articles 10 and 11 shall be granted throughout the contingency or

2. Where a declaration made in virtue of until an old-age benefit becomes payable.

Article 4 is in force, the persons protected shall comprise:

Article 13

(a) prescribed

classes of employees,

1. Each Member for which this Part of this constituting not less than 25 per cent. of Convention is in force shall, under prescribed

all employees; or conditions:

(b) prescribed classes of employees in (a) provide rehabilitation services which are

industrial undertakings, constituting not designed to prepare a disabled person

less than 50 per cent. of all employees in wherever possible for the resumption of his

industrial undertakings. previous activity, or, if this is not possible, the most suitable alternative gainful

Article 17

activity, having regard to his aptitudes and The old-age benefit shall be a periodical capacity; and

payment calculated as follows: (b) take measures to further the placement of

(a) where employees or classes of the disabled persons in suitable employment.

economically

active population are

2. Where a declaration made in virtue of protected, in such a manner as to comply Article 4 is in force, the Member may derogate

either with the requirements of Article 26 from the provisions of paragraph 1 of this

or with the requirements of Article 27; Article.

(b) where all residents or all residents whose means during the contingency do not

PART III. OLD-AGE BENEFIT

exceed prescribed limits are protected, in

Article 14

such a manner as to comply with the Each Member for which this Part of this

requirements of Article 28. Convention is in force shall secure to the

Article 18

persons protected the provision of old-age benefit in accordance with the following

1. The benefit specified in Article 17 shall, in Articles of this Part.

a contingency covered, be secured at least: (a) to a person protected who has completed,

Article 15

prior to the contingency, in accordance

1. The contingency covered shall be survival with prescribed rules, a qualifying period beyond a prescribed age.

which may be 30 years of contribution or

2. The prescribed age shall be not more than employment, or 20 years of residence; or

65 years or such higher age as may be fixed by (b) where, in principle, all economically active the competent authority with due regard to

persons are protected, to a person demographic, economic and social criteria,

protected who has completed, prior to the which shall be demonstrated statistically.

contingency, a prescribed qualifying period

3. If the prescribed age is 65 years or higher, of contribution and in respect of whom, the age shall be lowered, under prescribed

while he was of working age, the prescribed conditions, in respect of persons who have

yearly average number of contributions has been engaged in occupations that are deemed

been paid.

by national legislation, for the purpose of old-

2. Where the old-age benefit is conditional age benefit, to be arduous or unhealthy.

upon a minimum period of contribution or employment, a reduced benefit shall be

Article 16

secured at least:

1. The persons protected shall comprise: (a) to a person protected who has completed, (a) all employees, including apprentices; or

prior to the contingency, in accordance (b) prescribed classes of the economically

with prescribed rules, a qualifying period of active population, constituting not less

15 years of contribution or employment; or

Building social protection systems

(b) where, in principle, all economically active (b) is caring for a dependent child of the persons are protected, to a person

deceased.

protected who has completed, prior to the

4. In order that a widow who is without a child contingency, a prescribed qualifying period

may be entitled to a survivors ’ benefit, a of contribution and in respect of whom,

minimum duration of marriage may be while he was of working age, half of the

required.

yearly average number of contributions prescribed

in accordance

with

Article 22

subparagraph (b) of paragraph 1 of this

1. The persons protected shall comprise: Article has been paid.

(a) the wives, children and, as may be

3. The requirements of paragraph 1 of this prescribed, other dependants of all Article shall be deemed to be satisfied where a

breadwinners who were employees or benefit calculated in conformity with the

apprentices; or requirements of Part V but a percentage of ten

(b) the wives, children and, as may be points lower than shown in the Schedule

other dependants of appended to that Part for the standard

prescribed,

breadwinners in prescribed classes of the beneficiary concerned is secured at least to a

economically active population, which person protected who has completed, in

classes constitute not less than 75 per accordance with prescribed rules, ten years of

cent. of the whole economically active contribution or employment, or five years of

population; or

residence. (c) all widows, all children and all other

4. A proportional reduction of the percentage prescribed dependants who have lost their indicated in the Schedule appended to Part V

breadwinner, who are residents and, as may be effected where the qualifying period for

appropriate, whose means during the the benefit corresponding to the reduced

do not exceed limits percentage exceeds ten years of contribution or

contingency

prescribed in such a manner as to comply employment or five years of residence but is less

with the provisions of Article 28. than 30 years of contribution or employment or

2. Where a declaration made in virtue of exceeds 15 years of contribution or employment,

20 years of residence; if such qualifying period

Article 4 is in force, the persons protected shall

a reduced benefit shall be payable in conformity

comprise:

with paragraph 2 of this Article. (a) the wives, children and, as may be

prescribed,

other dependants of

breadwinners, in prescribed classes of The benefit specified in Articles 17 and 18

Article 19

employees, which classes constitute not shall be granted throughout the contingency.

less than 25 per cent. of all employees; or (b) the wives, children and, as may be

PART IV. SURVIVORS ’ BENEFIT

prescribed,

other dependants of

Article 20

breadwinners in prescribed classes of Each Member for which this Part of this

employees in industrial undertakings, which Convention is in force shall secure to the

classes constitute not less than 50 per cent. persons protected the provision of survivors ’

of all employees in industrial undertakings. benefit in accordance with the following Articles of this Part.

Article 23

The survivors ’ benefit shall be a periodical

Article 21

payment calculated as follows:

1. The contingency covered shall include the (a) where employees or classes of the loss of support suffered by the widow or child

active population are as the result of the death of the breadwinner.

economically

protected, in such a manner as to comply

2. In the case of a widow the right to a either with the requirements of Article 26 survivors ’ benefit may be made conditional on

or with the requirements of Article 27; the attainment of a prescribed age. Such age

(b) where all residents or all residents whose shall not be higher than the age prescribed for

means during the contingency do not old-age benefit.

exceed prescribed limits are protected, in

3. No requirement as to age may be made if such a manner as to comply with the the widow:

requirements of Article 28. (a)

is invalid, as may be prescribed; or

International standards and human rights instruments

Article 24

employment or residence but is less than 15

1. The benefit specified in Article 23 shall, in years of contribution or employment or ten

a contingency covered, be secured at least: years of residence; if such qualifying period is (a) to a person protected whose breadwinner

one of contribution or employment, a reduced has completed, in accordance with

benefit shall be payable in conformity with prescribed rules, a qualifying period which

paragraph 2 of this Article. may be 15 years of contribution or

5. The requirements of paragraphs 1 and 2 of employment, or ten years of residence:

this Article shall be deemed to be satisfied Provided that, for a benefit payable to a

where a benefit calculated in conformity with widow, the completion of a prescribed

the requirements of Part V is secured at least qualifying period of residence by such

to a person protected whose breadwinner has widow may be required instead; or

completed, in accordance with prescribed (b) where, in principle, the wives and children

rules, a qualifying period of contribution or of all economically active persons are

employment which shall not be more than five protected, to a person protected whose

years at a prescribed minimum age and may breadwinner has completed, in accordance

rise with advancing age to not more than a with prescribed rules, a qualifying period of

prescribed maximum number of years. three years of contribution and in respect

Article 25

of whose breadwinner, while he was of The benefit specified in Articles 23 and 24 working age, the prescribed yearly average

number or the yearly

shall be granted throughout the contingency. contributions has been paid.

number

of

PART V. STANDARDS TO BE COMPLIED

2. Where the survivors ’ benefit is conditional

WITH BY PERIODICAL PAYMENTS

upon a minimum period of contribution or

Article 26

employment, a reduced benefit shall be

1. In the case of a periodical payment to secured at least:

which this Article applies, the rate of the (a) to a person protected whose breadwinner

benefit, increased by the amount of any family has completed, in accordance with

allowances payable during the contingency, prescribed rules, a qualifying period of five

shall be such as to attain, in respect of the years of contribution or employment; or

contingency in question, for the standard (b) where, in principle, the wives and children

indicated in the Schedule of all economically active persons are

beneficiary

appended to this Part, at least the percentage protected, to a person protected whose

indicated therein of the total of the previous breadwinner has completed, in accordance

earnings of the beneficiary or his breadwinner with prescribed rules, a qualifying period of

and of the amount of any family allowances three years of contribution and in respect

payable to a person protected with the same of whose breadwinner, while he was of

family responsibilities as the standard working age, half of the yearly average

beneficiary.

number or of the yearly number of

2. The previous earnings of the beneficiary or contributions prescribed in accordance

his breadwinner shall be calculated according with subparagraph (b) of paragraph 1 of

to prescribed rules, and, where the persons this Article has been paid.

protected or their breadwinners are arranged in

3. The requirements of paragraph 1 of this classes according to their earnings, their Article shall be deemed to be satisfied where a

previous earnings may be calculated from the benefit calculated in conformity with the

basic earnings of the classes to which they requirements of Part V but at a percentage of

belonged.

ten points lower than shown in the Schedule

3. A maximum limit may be prescribed for the appended to that Part for the standard

rate of the benefit or for the earnings taken into beneficiary concerned is secured at least to a

account for the calculation of the benefit, person protected whose breadwinner has

provided that the maximum limit is fixed in completed, in accordance with prescribed

such a way that the provisions of paragraph 1 rules, five years of contribution, employment or

of this Article are complied with where the residence.

previous earnings of the beneficiary or his

4. A proportional reduction of the percentage breadwinner are equal to or lower than the wage indicated in the Schedule appended to Part V

of a skilled manual male employee. may be effected where the qualifying period for

4. The previous earnings of the beneficiary or the benefit corresponding to the reduced

his breadwinner, the wage of the skilled manual percentage exceeds five years of contribution,

male employee, the benefit and any family

Building social protection systems

allowances shall be calculated on the same

Article 27

time basis.

1. In the case of a periodical payment to

5. For the other beneficiaries the benefit shall which this Article applies, the rate of the bear a reasonable relation to the benefit for the

benefit, increased by the amount of any family standard beneficiary.

allowances payable during the contingency,

6. For the purpose of this Article, a skilled shall be such as to attain, in respect of the manual male employee shall be:

contingency in question, for the standard (a) a fitter or turner in the manufacture of

indicated in the Schedule machinery other than electrical machinery;

beneficiary

appended to this Part, at least the percentage or

indicated therein of the total of the wage of an ordinary adult male labourer and of the amount

(b) a person deemed typical of skilled labour of any family allowances payable to a person selected in accordance with the provisions

of the following paragraph; or protected with the same family responsibilities as the standard beneficiary.

(c) a person whose earnings are such as to be equal to or greater than the earnings of

2. The wage of the ordinary adult male labourer, the benefit and any family allowances

75 per cent. of all the persons protected, shall be calculated on the same time basis. such earnings to be determined on the

basis of annual or shorter periods as may

3. For the other beneficiaries, the benefit

be prescribed; or shall bear a reasonable relation to the benefit for the standard beneficiary.

(d) a person whose earnings are equal to 125 per cent. of the average earnings of all the

4. For the purpose of this Article, the ordinary persons protected.

adult male labourer shall be:

7. The person deemed typical of skilled (a) a person deemed typical of unskilled labour labour for the purposes of subparagraph (b) of

in the manufacture of machinery other than the preceding paragraph shall be a person

electrical machinery; or employed in the major group of economic

(b) a person deemed typical of unskilled labour activities with the largest number of

selected in accordance with the provisions economically active male persons protected in

of the following paragraph. the contingency in question, or of the

5. The person deemed typical of unskilled breadwinners of the persons protected, as the

labour for the purpose of subparagraph (b) of case may be, in the division comprising the

the preceding paragraph shall be a person largest

employed in the major group of economic breadwinners;

number of such

persons

or

activities with the largest number of international standard industrial classification

for this

purpose,

the

economically active male persons protected in of all economic activities, adopted by the

the contingency in question, or of the Economic and Social Council of the United

breadwinners of the persons protected, as the Nations at its

case may be, in the division comprising the Seventh Session on 27 August 1948, as

of such persons or amended up to 1958 and reproduced in the

largest

number

breadwinners; for this purpose the international Annex to this Convention, or such classification

standard industrial classification of all as at any time further amended, shall be used.

economic activities, adopted by the Economic

8. Where the rate of benefit varies by region, and Social Council of the United Nations at its the skilled manual male employee may be

Seventh Session on 27 August 1948, as determined for each region in accordance with

amended up to 1958 and reproduced in the paragraphs 6 and 7 of this Article.

Annex to this Convention, or such classification

9. The wage of the skilled manual male as at any time further amended, shall be used. employee shall be determined on the basis of

6. Where the rate of benefit varies by region, the rates of wages for normal hours of work

the ordinary adult male labourer may be fixed by collective agreements, by or in

determined for each region in accordance with pursuance of national legislation, where

paragraphs 4 and 5 of this Article. applicable, or by custom, including cost-of-

7. The wage of the ordinary adult male living allowances if any; where such rates differ

labourer shall be determined on the basis of the by region but paragraph 8 of this Article is not

rates of wages for normal hours of work fixed by applied, the median rate shall be taken.

collective agreements, by or in pursuance of national legislation, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but

International standards and human rights instruments

paragraph 6 of this Article is not applied, the (d) the provisions of subparagraph (c) shall be median rate shall be taken.

deemed to be satisfied if the total amount of benefits paid under the Part concerned

Article 28

exceeds by at least 30 per cent. the total In the case of a periodical payment to which

amounts of benefits which would be this Article applies:

obtained by applying the provisions of (a) the rate of the benefit shall be determined

Article 27 and the provisions of: according to a prescribed scale or a scale

(i) Article 9, paragraph 1, subparagraph (b) fixed by the competent public authority in

for Part II; conformity with prescribed rules;

(ii) Article 16, paragraph 1, subparagraph (b) (b) such rate may be reduced only to the extent

for Part III;

by which the other means of the family of (iii) Article 22, paragraph 1, subparagraph (b) the

beneficiary exceed

prescribed

for Part IV.

substantial amounts

or

substantial

amounts fixed by the competent public

Article 29

authority in conformity with prescribed

1. The rates of cash benefits currently payable rules;

pursuant to Article 10, Article 17 and Article 23 (c) the total of the benefit and any other

shall be reviewed following substantial changes means, after deduction of the substantial

in the general level of earnings or substantial amounts referred to in subparagraph (b),

changes in the cost of living. shall be sufficient to maintain the family of

2. Each Member shall include the findings of the beneficiary in health and decency, and

such reviews in its reports upon the application shall be not less than the corresponding

of this Convention submitted under Article 22 benefit calculated in accordance with the

of the Constitution of the International Labour requirements of Article 27;

Organisation, and shall specify any action taken.