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C118 EquaIity of Treatment (SociaI Security) Convention, 1962

Convention concerning Equality of Treatment of Nationals and Non-Nationals in Social Security


(Note: Date of coming into force: 25:04:1964.)
Convention:C118
Place:Geneva
Session of the Conference:46
Date of adoption:28:06:1962
Subject classification: Social Security
The General ConIerence oI the International Labour Organisation,
Having been convened at Geneva by the Governing Body oI the International Labour OIIice, and
having met in its Forty-sixth Session on 6 June 1962, and
Having decided upon the adoption oI certain proposals with regard to equality oI treatment oI
nationals and non-nationals in social security, which is the IiIth item on the agenda oI the
session, and
Having determined that these proposals shall take the Iorm oI an international Convention,
adopts the twenty-eighth day oI June oI the year one thousand nine hundred and sixty-two, the
Iollowing Convention, which may be cited as the Equality oI Treatment (Social Security)
Convention, 1962:
Article 1
In this Convention--
(a) the term !"#$%!&'$() includes any social security rules as well as laws and regulations;
(b) the term +")",$'% reIers to all beneIits, grants and pensions, including any supplements or
increments;
(c) the term +")",$'% #-&)'". /)."- '-&)%$'$()&! %01"2"% means either beneIits granted to
persons who have exceeded a prescribed age at the date when the legislation applicable came
into Iorce, or beneIits granted as a transitional measure in consideration oI events occurring or
periods completed outside the present boundaries oI the territory oI a Member;
(d) the term ."&'1 #-&)' means any lump sum payable in the event oI death;
(e) the term -"%$.")0" means ordinary residence;
(I) the term 3-"%0-$+". means determined by or in virtue oI national legislation as deIined in
subparagraph (a) above;
(g) the term -",/#"" has the meaning assigned to it in Article 1 oI the Convention relating to the
Status oI ReIugees oI 28 July 1951;
(h) the term %'&'"!"%% 3"-%() has the meaning assigned to it in Article 1 oI the Convention
relating to the Status oI Stateless Persons oI 28 September 1954.
Article 2
1. Each Member may accept the obligations oI this Convention in respect oI any one or more oI
the Iollowing branches oI social security Ior which it has in eIIective operation legislation
covering its own nationals within its own territory:
(a) medical care;
(b) sickness beneIit;
(c) maternity beneIit;
(d) invalidity 400 beneIit;
(e) old-age beneIit;
(I) survivors' beneIit;
(g) employment injury beneIit;
(h) unemployment beneIit; and
(i) Iamily beneIit.
2. Each Member Ior which this Convention is in Iorce shall comply with its provisions in respect
oI the branch or branches oI social security Ior which it has accepted the obligations oI the
Convention.
3. Each Member shall speciIy in its ratiIication in respect oI which branch or branches oI social
security it accepts the obligations oI this Convention.
4. Each Member which has ratiIied this Convention may subsequently notiIy the Director-
General oI the International Labour OIIice that it accepts the obligations oI the Convention in
respect oI one or more branches oI social security not already speciIied in its ratiIication.
5. The undertakings reIerred to in paragraph 4 oI this Article shall be deemed to be an integral
part oI the ratiIication and to have the Iorce oI ratiIication as Irom the date oI no 1400 tiIication.
6. For the purpose oI the application oI this Convention, each Member accepting the obligations
thereoI in respect oI any branch oI social security which has legislation providing Ior beneIits oI
the type indicated in clause (a) or (b) below shall communicate to the Director-General oI the
International Labour OIIice a statement indicating the beneIits provided Ior by its legislation
which it considers to be--
(a) beneIits other than those the grant oI which depends either on direct Iinancial participation by
the persons protected or their employer, or on a qualiIying period oI occupational activity; or
(b) beneIits granted under transitional schemes.
7. The communication reIerred to in paragraph 6 oI this Article shall be made at the time oI
ratiIication or at the time oI notiIication in accordance with paragraph 4 oI this Article; as
regards any legislation adopted subsequently, the communication shall be made within three
months oI the date oI the adoption oI such legislation.
Article 3
1. Each Member Ior which this Convention is in Iorce shall grant within its territory to the
nationals oI any other Member Ior which the Convention is in Iorce equality oI treatment under
its legislation with its own nationals, both as regards coverage and as regards the right to
beneIits, in respect oI every branch oI social security Ior which it has accepted the obligations oI
the Convention.
2. In the case oI survivors' beneIits, such equality oI treatment shall also be granted to the
survivors oI the nationals oI a Member Ior which the Convention is in Iorce, irrespective oI the
nationality oI such survivors.
3. Nothing in the preceding paragraphs oI this Article shall require a Member to apply the
provisions oI these paragraphs, in respect oI the beneIits oI a speciIied branch oI social security,
to the nationals oI another Member which has legislation relating to that branch but does not
grant equality oI treatment in respect thereoI to the nationals oI the Iirst Member.
Article 4
1. Equality oI treatment as regards the grant oI beneIits shall be accorded without any condition
oI residence: Provided that equality oI treatment in respect oI the beneIits oI a speciIied branch
oI social security may be made conditional on residence in the case oI nationals oI any Member
the legislation oI which makes the grant oI beneIits under that branch conditional on residence
on its territory.
2. Notwithstanding the provisions oI paragraph 1 oI this Article, the grant oI the beneIits reIerred
to in paragraph 6 (a) oI Article 2--other than medical care, sickness beneIit, employment injury
beneIit and Iamily beneIit--may be made subject to the condition that the beneIiciary has resided
on the territory oI the Member in virtue oI the legislation oI which the beneIit is due, or, in the
case oI a survivor, that the deceased had resided there, Ior a period which shall not exceed--
(a) six months immediately preceding the Iiling oI claim, Ior grant oI maternity beneIit and
unemployment beneIit;
(b) Iive consecutive years immediately preceding the Iiling oI claim, Ior grant oI invalidity
beneIit, or immediately preceding death, Ior grant oI survivors' beneIit;
(c) ten years aIter the age oI 18, which may include Iive consecutive years immediately
preceding the Iiling oI claim, Ior grant oI old-age beneIit.
3. Special provisions may be prescribed in respect oI beneIits granted under transitional
schemes.
4. The measures necessary to prevent the cumulation oI beneIits shall be determined, as
necessary, by special arrangements between the Members concerned.
Article 5
1. In addition to the provisions oI Article 4, each Member which has accepted the obligations oI
this Convention in respect oI the branch or branches oI social security concerned shall guarantee
both to its own nationals and to the nationals oI any other Member which has accepted the
obligations oI the Convention in respect oI the branch or branches in question, when they are
resident abroad, provision oI invalidity beneIits, old-age beneIits, survivors' beneIits and death
grants, and employment injury pensions, subject to measures Ior this purpose being taken, where
necessary, in accordance with Article 8.
2. In case oI residence abroad, the provision oI invalidity, old-age and survivors' beneIits oI the
type reIerred to in paragraph 6 (a) oI Article 2 may be made subject to the participation oI the
Members concerned in schemes Ior the maintenance oI rights as provided Ior in Article 7.
3. The provisions oI this Article do not apply to beneIits granted under transitional schemes.
Article 6
In addition to the provisions oI Article 4, each Member which has accepted the obligations oI
this Convention in respect oI Iamily beneIit shall guarantee the grant oI Iamily allowances both
to its own nationals and to the nationals oI any other Member which has accepted the 1400
obligations oI this Convention Ior that branch, in respect oI children who reside on the territory
oI any such Member, under conditions and within limits to be agreed upon by the Members
concerned.
Article 7
1. Members Ior which this Convention is in Iorce shall, upon terms being agreed between the
Members concerned in accordance with Article 8, endeavour to participate in schemes Ior the
maintenance oI the acquired rights and rights in course oI acquisition under their legislation oI
the nationals oI Members Ior which the Convention is in Iorce, Ior all branches oI social security
in respect oI which the Members concerned have accepted the obligations oI the Convention.
2. Such schemes shall provide, in particular, Ior the totalisation oI periods oI insurance,
employment or residence and oI assimilated periods Ior the purpose oI the acquisition,
maintenance or recovery oI rights and Ior the calculation oI beneIits.
3. The cost oI invalidity, old-age and survivors' beneIits as so determined shall either be shared
among the Members concerned, or be borne by the Member on whose territory the beneIiciaries
reside, as may be agreed upon by the Members concerned.
Article 8
The Members Ior which this Convention is in Iorce may give eIIect to their obligations under the
provisions oI Articles 5 and 7 by ratiIication oI the Maintenance oI Migrants' Pension Rights
Convention, 1935, by the application oI the provisions oI that Convention as between particular
Members by mutual agreement, or by any multilateral or bilateral agreement giving eIIect to
these obligations.
Article 9
The provisions oI this Convention may be derogated Irom by agreements between Members
which do not aIIect the rights and duties oI other Members and which make provision Ior the
maintenance oI rights in course oI acquisition and oI acquired rights under conditions at least as
Iavourable on the whole as those provided Ior in this Convention.
Article 10
1. The provisions oI this Convention apply to reIugees and stateless persons without any
condition oI reciprocity.
2. This Convention does not apply to special schemes Ior civil servants, special schemes Ior war
victims, or public assistance.
3. This Convention does not require any Member to apply the provisions thereoI to persons who,
in accordance with the provisions oI international instruments, are exempted Irom its national
social security legislation.
Article 11
The Members Ior which this Convention is in Iorce shall aIIord each other administrative
assistance Iree oI charge with a view to Iacilitating the application oI the Convention and the
execution oI their respective social security legislation.
Article 12
1. This Convention does not apply to beneIits payable prior to the coming into Iorce oI the
Convention Ior the Member concerned in respect oI the branch oI social security under which
the beneIit is payable.
2. The extent to which the Convention applies to beneIits attributable to contingencies occurring
beIore its coming into Iorce Ior the Member concerned in respect oI the branch oI social security
under which the beneIit is payable thereaIter shall be determined by multilateral or bilateral
agreement or in deIault thereoI by the legislation oI the Member concerned.
Article 13
This Convention shall not be regarded as revising any existing Convention.
Article 14
The Iormal ratiIications oI this Convention shall be communicated to the Director-General oI the
International Labour OIIice Ior registration.
Article 15
1. This Convention shall be binding only upon those Members oI the International Labour
Organisation whose ratiIications have been registered with the Director-General.
2. It shall come into Iorce twelve months aIter the date on which the ratiIications oI two
Members have been registered with the Director-General.
3. ThereaIter, this Convention shall come into Iorce Ior any Member twelve months aIter the
date on which its ratiIications has been registered.
Article 16
1. A Member which has ratiIied this Convention may denounce it aIter the expiration oI ten
years Irom the date on which the Convention Iirst comes into Iorce, by an Act communicated to
the Director-General oI the International Labour OIIice Ior registration. Such denunciation
should not take eIIect until one year aIter the date on which it is registered.
2. Each Member which has ratiIied this Convention and which does not, within the year
Iollowing the expiration oI the period oI ten years mentioned in the preceding paragraph,
exercise the right oI denunciation provided Ior in this Article, will be bound Ior another period oI
ten years and, thereaIter, may denounce this Convention at the expiration oI each period oI ten
years under the terms provided Ior in this Article.
Article 17
1. The Director-General oI the Intern IeI ational Labour OIIice shall notiIy all Members oI the
International Labour Organisation oI the registration oI all ratiIications and denunciations
communicated to him by the Members oI the Organisation.
2. When notiIying the Members oI the Organisation oI the registration oI the second ratiIication
communicated to him, the Director-General shall draw the attention oI the Members oI the
Organisation to the date upon which the Convention will come into Iorce.
Article 18
The Director-General oI the International Labour OIIice shall communicate to the Secretary-
General oI the United Nations Ior registration in accordance with Article 102 oI the Charter oI
the United Nations Iull particulars oI all ratiIications and acts oI denunciation registered by him
in accordance with the provisions oI the preceding Articles.
Article 19
At such times as may consider necessary the Governing Body oI the International Labour OIIice
shall present to the General ConIerence a report on the working oI this Convention and shall
examine the desirability oI placing on the agenda oI the ConIerence the question oI its revision
in whole or in part.
Article 20
1. Should the ConIerence adopt a new Convention revising this Convention in whole or in part,
then, unless the new Convention otherwise provides:
a) the ratiIication by a Member oI the new revising Convention shall ipso jure involve the
immediate denunciation oI this Convention, notwithstanding the provisions oI Article 16 above,
iI and when the new revising Convention shall have come into Iorce;
b) as Irom the date when the new revising Convention comes into Iorce this Convention shall
cease to be open to ratiIication by the Members.
2. This Convention shall in any case remain in Iorce in its actual Iorm and content Ior those
Members which have ratiIied it but have not ratiIied the revising Convention.
Article 21
The English and French versions oI the text oI this Convention are equally authoritative.
The Ioregoing is the authentic text oI the Convention duly adopted by the General ConIerence oI
the International Labour Organisation during its Forty-sixth Session which was held at Geneva
and declared closed the twenty-eighth day oI June 1962.
In Iaith whereoI we have appended our signatures this thirtieth day oI June 1962.
The President oI the ConIerence,
JOHN LYNCH.
The Director-General oI the International Labour OIIice
DAVID A. MORSE.

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