ZALECENIE Nr 43
Sesja Konferencji: 17
MIĘDZYNARODOWEJ ORGANIZACJI PRACY
dotyczące ubezpieczenia na wypadek inwalidztwa, starości i śmierci.
Recommendation concerning the General Principles of Invalidity,
Old-Age and Widows' and Orphans' Insurance
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 Seventeenth Session on 8 June 1933, and
Having decided upon the adoption of certain proposals with regard to invalidity, old-age and widows' and orphans' insurance, which is included in the second item on the agenda of the Session, and
Having determined that these proposals should take the form of a Recommendation,
adopts this twenty-ninth day of June of the year one thousand nine hundred thirty-three, the following Recommendation, which may be cited as the Invalidity, Old-Age and Survivors' Insurance Recommendation, 1933, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of the Constitution of the International Labour Organisation:
The Conference,
Having adopted Conventions concerning compulsory invalidity, old-age and widows' and orphans' insurance for persons employed in industrial or commercial undertakings, in the liberal professions, and for outworkers and domestic servants and concerning compulsory invalidity, old-age and widows' and orphans' insurance for persons employed in agricultural undertakings, and
Considering that these Conventions lay down the minimum conditions to be complied with from the beginning by every scheme of compulsory invalidity, old-age and widows' and orphans' insurance, and
Considering that it is desirable to indicate a number of general principles which practice shows to be best calculated to promote a just, effective and appropriate organisation of invalidity, old-age and widows' and orphans' insurance;
Recommends that each Member should take the following principles and rules into consideration:
I. Scope
1.
(a) Compulsory invalidity, old-age and widows' and orphans' insurance for employed persons should include, irrespective of age, sex or nationality, every person who is ordinarily engaged in employment for remuneration.
(b) Where economic, social and administrative conditions permit, national laws or regulations should provide that invalidity, old-age and widows' and orphans' insurance should also include persons of small means working on their own account in industry, commerce and agriculture.
2. If, however, it is considered advisable to fix a minimum age for entry into insurance, such age should be as close as possible to the age at which compulsory school attendance ceases and at which the choice of an occupation is made.
3. The fixing of a maximum age for entry into insurance is only justified in insurance schemes which make the right to a pension conditional upon the completion of a qualifying period and then only for workers who, when they take up employment for remuneration as their ordinary occupation, are too old to be able to complete the qualifying period before the normal pensionable age.
4. Where it is considered advisable to fix (apart from the limitation, inherent in social insurance, of the remuneration taken into account for insurance purposes) a maximum remuneration as a criterion of liability to insurance, only such workers should thereby be excluded as, by reason of the fact that their remuneration is considerably in excess of the general level of wages, may be deemed to be capable of making provision by themselves against invalidity, old age and death.
II. Pensions
A. Qualifying Period and Insurance Periods
5. The qualifying period prescribed by insurance schemes which provide for awarding all pensioners a pension at a fixed rate or varying with the remuneration taken into account for insurance purposes should be restricted to a contribution period which shall not be longer than is strictly necessary to preclude persons from entering insurance with intent to take undue advantage of it and to ensure some consideration for the benefits afforded.
6. The qualifying period for the purpose of an invalidity or survivor's pension should in no case exceed 60 contribution months, 250 contribution weeks or 1,500 contribution days and the qualifying period for the purpose of an old-age pension should not exceed twice this maximum.
7. Periods during which the insured person is incapable of work by reason of sickness, is not available for work by reason of childbirth or is involuntarily unemployed should, within limits to be prescribed, count towards the qualifying period, even where no contributions are paid for such periods by sickness or maternity insurance or by an unemployment fund.
8.
(a) Insurance schemes which place limitations on the retention of such rights in respect of contributions which have been paid should guarantee retention of such rights for a term of at least eighteen months reckoned from the last contribution payment, this term being prolonged, in schemes in which contributions are graduated according to remuneration, up to at least one-third (less the periods for which contributions have not been credited) of the total of the periods for which contributions have been credited since entry into insurance. In reckoning this term, periods during which the insured person was incapable of work by reason of sickness, was not available for work by reason of childbirth or was involuntarily unemployed or engaged in military service, should not be considered as periods for which contributions have not been credited.
(b) Any further retention of rights in respect of contributions may be made conditional either upon resumption of payment of contributions in virtue of compulsory or voluntarily continued insurance or upon the payment of a moderate fee for this purpose; in insurance schemes in which contributions are graduated according to remuneration and which provide for pensions varying with the time spent in insurance, resumption of payment of contributions should operate to increase the value of the rights in course of acquisition.
9. A person formerly insured should be able to recover rights already expired, by the payment of a prescribed number of contributions in virtue of compulsory or voluntarily continued insurance; where the pension varies with the number or amount of the contributions credited to the account of the insured person, the number of contributions so prescribed should be less than the number required for the initial qualifying period.
10. Sums required to be paid for maintaining the rights in course of acquisition of insured persons who are unemployed for a long time should--in view of the impossibility of putting the expense of such payments solely on the insured persons in employment--be obtained through the financial assistance of the public authorities; and the same principle should apply to payments for the purpose of consolidating and enhancing the rights of such unemployed persons.
B. Old-Age Pensions
11. For insurance schemes which fix the pensionable age above sixty it is recommended, as a means of relieving the labour market and of ensuring rest for the aged, that the pensionable age should be reduced to sixty, in so far as the demographic, economic and financial situation of the country permits and, if necessary, by stages.
12. Insured persons who have for many years been engaged in a particularly arduous or unhealthy occupation should be enabled to claim a pension at a less advanced age than workers in other occupations.
13.
(a) In order to ensure that workers in their old age shall not suffer privations, the pension should be sufficient to cover essential needs. The pension provided for all pensioners who have completed a certain qualifying period should accordingly be fixed with due regard to the cost of living.
(b) In insurance schemes in which contributions are graduated according to remuneration, insured persons to the account of whom have been credited contributions corresponding to the normal duration of working life should be awarded a pension commensurate with their economic condition during their working life. To this end the pension provided for insured persons who have completed thirty years of actual contribution should not be less than half the remuneration taken into account for insurance purposes either since entry into insurance or over a prescribed period immediately preceding the award of the pension.
14. A bonus should be paid to a pensioner--
(a) for each dependent child who is of school age or, being under the age of seventeen, is continuing his general or vocational education, or who cannot by reason of infirmity earn his living;
(b) when his wife is aged or infirm and is not herself on this account entitled to a pension.
15. A pensioner who needs the constant attendance of another person should be awarded a special supplement.
C. Invalidity Pensions
16.
(a) A pension should be awarded to an insured person who by reason of sickness or infirmity is unable to earn an appreciable remuneration by work suited to his strength and ability and his training; remuneration which is less than one-third of the ordinary remuneration of a fit worker of similar training and experience should not be deemed to be appreciable.
(b) Nevertheless, in special insurance schemes set up on behalf of manual or non-manual workers in certain occupations, reduction of capacity for work should be assessed solely with reference to the occupation hitherto followed or to a similar occupation.
17.
(a) In order to fulfil its purpose, an insurance scheme should provide for every insured person who becomes invalid after having completed the qualifying period a pension sufficient to cover his essential needs. The minimum pension provided for every pensioner should accordingly be fixed with due regard to the cost of living.
(b) In insurance schemes in which the minimum pension is fixed in terms of the remuneration taken into account for insurance purposes, the minimum should not be less than 40 per cent. of such remuneration. The same result should be aimed at by schemes in which the pension includes a fixed portion which is the same for every pensioner and a portion varying with the number and amount of the contributions credited to his account.
18. A bonus should be paid to a pensioner for each dependent child who is of school age or, being under the age of seventeen, is continuing his general or vocational education or who cannot by reason of infirmity earn his living.
19. A pensioner who needs the constant attendance of another person should be awarded a special supplement.
D. Survivors' Pensions
20.
(a) If a pensioner or insured person dies after completing the qualifying period and leaves a widow, the widow should be entitled to a pension as long as she does not remarry.
(b) If, however, the award of the pension is subject to the fulfilment of other conditions, pensions should nevertheless be awarded to widows unable to earn their living by reason of age or invalidity and to widows with a dependent child who is of school age or who, being under the age of seventeen, is continuing his general or vocational education.
21. A pension should also be awarded to an invalid widower who by reason of his invalidity was dependent on an insured woman who died after completing the qualifying period.
22.
(a) The pension awarded to a widow (or invalid widower) should represent a substantial contribution towards covering essential needs. Whatever may be the method of computing it, the minimum pension should be fixed with due regard to the cost of living.
(b) In insurance schemes in which contributions are graduated according to the remuneration of the deceased, the widow's (or invalid widower's) pension should not be less than half the pension to which the deceased was entitled or would have been entitled if at the date of his death he had been awarded an invalidity or old-age pension. Nevertheless, where such schemes determine the rights of survivors without regard to the rate of the pension to which the deceased was or would have been entitled, a widow's (or invalid widower's) pension should not be less than 20 per cent. of the remuneration of the deceased taken into account for the purposes of his insurance either since entry into insurance or over a prescribed period immediately preceding his death.
23.
(a) Every child of school age who was dependent on a pensioner or insured person who died after completing the qualifying period should be entitled to a child's pension and the pension should continue to be paid until the age of seventeen if the child is continuing his general or vocational education and even beyond this age if the child cannot by reason of infirmity earn his living.
(b) A child's pension may be paid in the form of a supplement to the pension of his widowed mother.
24.
(a) The minimum pension provided for every child should represent a substantial contribution towards the cost of maintaining and educating him; such minimum should be higher in the case of an orphan child.
(b) In insurance schemes in which contributions are graduated according to the remuneration of the deceased, a child's pension should not be less than one-quarter or in the case of orphans one-half of the pension to which the deceased was entitled or would have been entitled if at the date of his death he had been awarded an invalidity or old-age pension. Nevertheless, where such schemes determine the rights of survivors without regard to the rate of the pension to which the deceased was or would have been entitled, a child's pension should not be less than 10 per cent. or in the case of orphans 20 per cent. of the remuneration of the deceased as taken into account for the purposes of his insurance either since entry into insurance or over a prescribed period immediately preceding his death.
25. If it is considered advisable to fix a maximum for the total of the survivors' pensions which may be awarded in respect of one deceased person, such maximum should not, where survivors' pensions vary with the pension of the deceased, be less than the pension, including bonuses for family responsibilities, to which the deceased was or would have been entitled, or, where survivors' pensions vary with the remuneration of the deceased taken into account for the purposes of his insurance, be less than half such remuneration.
26. Survivors not eligible for a pension because the qualifying conditions have not been fulfilled should (provided that a minimum number of payments has been credited to the account of the deceased) be granted a lump sum which will enable them to adapt themselves to the change in their circumstances caused by the death of the head of the family.
27. In countries where burial expenses are not, by law or custom, covered by some other insurance, and in particular by sickness insurance, a benefit in respect of the cost of decent burial should be paid by widows' and orphans' insurance on the death of an insured person.
E. Provisions for the Suspension or Reduction of Pensions
28. Where provision is made for the suspension or reduction of invalidity, old-age or survivors' pensions in cases where a concurrent title exists to a pension acquired under another scheme of social insurance or a scheme of pensions or workmen's compensation for accidents or occupational diseases, the provisions concerning suspension or reduction should be such as to enable the pensioner to receive in its entirety whichever of the pensions is the higher and in any case he should be paid that part of the invalidity, old-age or survivor's pension which corresponds to the insured person's own contributions.
29. Where an invalidity or old-age pension is suspended for reason other than the existence of a concurrent title to another pension, the dependent family of the person whose pension is suspended should be awarded a maintenance allowance equal to the whole or to a part of the pension.
III. Financial Resources
30.
(a) The financial resources of the insurance scheme should be provided by contributions from the insured persons and contributions from their employers. (b) The public authorities should contribute to the insurance scheme.
31. As a general rule the contribution of the insured person should not be higher than the contribution of his employer.
32. The employer should be responsible for the whole or the greater part of the joint contribution in respect of workers who are remunerated only in kind, outworkers and apprentices whose remuneration does not exceed a prescribed amount.
33. The State should be responsible for the contributions in respect of periods of compulsory military service performed by persons who were insured before beginning their military service.
IV. Administration
34. National laws or regulations should provide that insured women are adequately represented on the administrative bodies of invalidity, old-age and widows' and orphans' insurance.