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C118 Equality of Treatment (Social Security) Convention, 1962 
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Convention concerning Equality of Treatment of Nationals and Non-Nationals in
Social Security 
(Note: Date of coming into force: 25:04:1964.) 
<br>Convention:C118 
<br>Place:Geneva 
<br>Session of the Conference:46 
<br>Date of adoption:28:06:1962 
<br>
        <br> 
</font><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
Having been convened at Geneva by the Governing Body of the International 
Labour Office, and having met in its Forty-sixth Session on 6 June 1962, and<p>
<p>
Having decided upon the adoption of certain proposals with regard to equality 
of treatment of nationals and non-nationals in social security, which is the 
fifth item on the agenda of the session, and<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention,<p>
<p>
adopts the twenty-eighth day of June of the year one thousand nine hundred and 
sixty-two, the following Convention, which may be cited as the Equality of 
Treatment (Social Security) Convention, 1962:<p>
<p>
<p> 
<p>
Article 1<p>
In this Convention--<p>
 (a) the term <i>  legislation  </i> includes any social security rules as well as 
laws and regulations;<p>
 (b) the term <i>  benefits  </i> refers to all benefits, grants and pensions, 
including any supplements or increments;<p>
 (c) the term <i>  benefits granted under transitional schemes  </i> means either 
benefits granted to persons who have exceeded a prescribed age at the date 
when the legislation applicable came into force, or benefits granted as a 
transitional measure in consideration of events occurring or periods completed 
outside the present boundaries of the territory of a Member;<p>
 (d) the term <i>  death grant  </i> means any lump sum payable in the event of 
death;<p>
 (e) the term <i>  residence  </i> means ordinary residence;<p>
 (f) the term <i>  prescribed  </i> means determined by or in virtue of national 
legislation as defined in subparagraph (a) above;<p>
 (g) the term <i>  refugee  </i> has the meaning assigned to it in Article 1 of the 
Convention relating to the Status of Refugees of 28 July 1951;<p>
 (h) the term <i>  stateless person  </i> has the meaning assigned to it in Article 
1 of the Convention relating to the Status of Stateless Persons of 28 
September 1954.<p>
<p>
Article 2<p>
1. Each Member may accept the obligations of this Convention in respect of any 
one or more of the following branches of social security for which it has in 
effective operation legislation covering its own nationals within its own 
territory:<p>
 (a) medical care;<p>
 (b) sickness benefit;<p>
 (c) maternity benefit;<p>
 (d) invalidity benefit;<p>
 (e) old-age benefit;<p>
 (f) survivors' benefit;<p>
 (g) employment injury benefit;<p>
 (h) unemployment benefit; and<p>
 (i) family benefit.<p>
<p>
2. Each Member for which this Convention is in force shall comply with its 
provisions in respect of the branch or branches of social security for which 
it has accepted the obligations of the Convention.<p>
<p>
3. Each Member shall specify in its ratification in respect of which branch or 
branches of social security it accepts the obligations of this Convention.<p>
<p>
4. Each Member which has ratified this Convention may subsequently notify the 
Director-General of the International Labour Office that it accepts the 
obligations of the Convention in respect of one or more branches of social 
security not already specified in its ratification.<p>
<p>
5. The undertakings referred to in paragraph 4 of this Article shall be deemed 
to be an integral part of the ratification and to have the force of 
ratification as from the date of notification.<p>
<p>
6. For the purpose of the application of this Convention, each Member 
accepting the obligations thereof in respect of any branch of social security 
which has legislation providing for benefits of the type indicated in clause 
(a) or (b) below shall communicate to the Director-General of the 
International Labour Office a statement indicating the benefits provided for 
by its legislation which it considers to be--<p>
 (a) benefits other than those the grant of which depends either on direct 
financial participation by the persons protected or their employer, or on a 
qualifying period of occupational activity; or<p>
 (b) benefits granted under transitional schemes.<p>
<p>
7. The communication referred to in paragraph 6 of this Article shall be made 
at the time of ratification or at the time of notification in accordance with 
paragraph 4 of this Article; as regards any legislation adopted subsequently, 
the communication shall be made within three months of the date of the 
adoption of such legislation.<p>
<p>
Article 3<p>
1. Each Member for which this Convention is in force shall grant within its 
territory to the nationals of any other Member for which the Convention is in 
force equality of treatment under its legislation with its own nationals, both 
as regards coverage and as regards the right to benefits, in respect of every 
branch of social security for which it has accepted the obligations of the 
Convention.<p>
<p>
2. In the case of survivors' benefits, such equality of treatment shall also 
be granted to the survivors of the nationals of a Member for which the 
Convention is in force, irrespective of the nationality of such survivors.<p>
<p>
3. Nothing in the preceding paragraphs of this Article shall require a Member 
to apply the provisions of these paragraphs, in respect of the benefits of a 
specified branch of social security, to the nationals of another Member which 
has legislation relating to that branch but does not grant equality of 
treatment in respect thereof to the nationals of the first Member.<p>
<p>
Article 4<p>
1. Equality of treatment as regards the grant of benefits shall be accorded 
without any condition of residence: Provided that equality of treatment in 
respect of the benefits of a specified branch of social security may be made 
conditional on residence in the case of nationals of any Member the 
legislation of which makes the grant of benefits under that branch conditional 
on residence on its territory.<p>
<p>
2. Notwithstanding the provisions of paragraph 1 of this Article, the grant of 
the benefits referred to in paragraph 6 (a) of Article 2--other than medical 
care, sickness benefit, employment injury benefit and family benefit--may be 
made subject to the condition that the beneficiary has resided on the 
territory of the Member in virtue of the legislation of which the benefit is 
due, or, in the case of a survivor, that the deceased had resided there, for a 
period which shall not exceed--<p>
 (a) six months immediately preceding the filing of claim, for grant of 
maternity benefit and unemployment benefit;<p>
 (b) five consecutive years immediately preceding the filing of claim, for 
grant of invalidity benefit, or immediately preceding death, for grant of 
survivors' benefit;<p>
 (c) ten years after the age of 18, which may include five consecutive years 
immediately preceding the filing of claim, for grant of old-age benefit.<p>
<p>
3. Special provisions may be prescribed in respect of benefits granted under 
transitional schemes.<p>
<p>
4. The measures necessary to prevent the cumulation of benefits shall be 
determined, as necessary, by special arrangements between the Members 
concerned.<p>
<p>
Article 5<p>
1. In addition to the provisions of Article 4, each Member which has accepted 
the obligations of this Convention in respect of the branch or branches of 
social security concerned shall guarantee both to its own nationals and to the 
nationals of any other Member which has accepted the obligations of the 
Convention in respect of the branch or branches in question, when they are 
resident abroad, provision of invalidity benefits, old-age benefits, 
survivors' benefits and death grants, and employment injury pensions, subject 
to measures for this purpose being taken, where necessary, in accordance with 
Article 8.<p>
<p>
2. In case of residence abroad, the provision of invalidity, old-age and 
survivors' benefits of the type referred to in paragraph 6 (a)  of Article 2 
may be made subject to the participation of the Members concerned in schemes 
for the maintenance of rights as provided for in Article 7.<p>
<p>
3. The provisions of this Article do not apply to benefits granted under 
transitional schemes.<p>
<p>
Article 6<p>
In addition to the provisions of Article 4, each Member which has accepted the 
obligations of this Convention in respect of family benefit shall guarantee 
the grant of family allowances both to its own nationals and to the nationals 
of any other Member which has accepted the obligations of this Convention for 
that branch, in respect of children who reside on the territory of any such 
Member, under conditions and within limits to be agreed upon by the Members 
concerned.<p>
<p>
Article 7<p>
1. Members for which this Convention is in force shall, upon terms being 
agreed between the Members concerned in accordance with Article 8, endeavour 
to participate in schemes for the maintenance of the acquired rights and 
rights in course of acquisition under their legislation of the nationals of 
Members for which the Convention is in force, for all branches of social 
security in respect of which the Members concerned have accepted the 
obligations of the Convention.<p>
<p>
2. Such schemes shall provide, in particular, for the totalisation of periods 
of insurance, employment or residence and of assimilated periods for the 
purpose of the acquisition, maintenance or recovery of rights and for the 
calculation of benefits.<p>
<p>
3. The cost of invalidity, old-age and survivors' benefits as so determined 
shall either be shared among the Members concerned, or be borne by the Member 
on whose territory the beneficiaries reside, as may be agreed upon by the 
Members concerned.<p>
<p>
Article 8<p>
The Members for which this Convention is in force may give effect to their 
obligations under the provisions of Articles 5 and 7 by ratification of the 
Maintenance of Migrants' Pension Rights Convention, 1935, by the application 
of the provisions of that Convention as between particular Members by mutual 
agreement, or by any multilateral or bilateral agreement giving effect to 
these obligations.<p>
<p>
Article 9<p>
The provisions of this Convention may be derogated from by agreements between 
Members which do not affect the rights and duties of other Members and which 
make provision for the maintenance of rights in course of acquisition and of 
acquired rights under conditions at least as favourable on the whole as those 
provided for in this Convention.<p>
<p>
Article 10<p>
1. The provisions of this Convention apply to refugees and stateless persons 
without any condition of reciprocity.<p>
<p>
2. This Convention does not apply to special schemes for civil servants, 
special schemes for war victims, or public assistance.<p>
<p>
3. This Convention does not require any Member to apply the provisions thereof 
to persons who, in accordance with the provisions of international 
instruments, are exempted from its national social security legislation.<p>
<p>
Article 11<p>
The Members for which this Convention is in force shall afford each other 
administrative assistance free of charge with a view to facilitating the 
application of the Convention and the execution of their respective social 
security legislation.<p>
<p>
Article 12<p>
1. This Convention does not apply to benefits payable prior to the coming into 
force of the Convention for the Member concerned in respect of the branch of 
social security under which the benefit is payable.<p>
<p>
2. The extent to which the Convention applies to benefits attributable to 
contingencies occurring before its coming into force for the Member concerned 
in respect of the branch of social security under which the benefit is payable 
thereafter shall be determined by multilateral or bilateral agreement or in 
default thereof by the legislation of the Member concerned.<p>
<p>
Article 13<p>
This Convention shall not be regarded as revising any existing Convention.<p>
<p>
  
<p>
Article 14<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 15<p>
   1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
   2. It shall come into force twelve months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
   3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratifications has been registered.<p>
<p>
Article 16<p>
   1. A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an Act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation should not take effect until 
one year after the date on which it is registered.<p>
<p>
   2. Each Member which has ratified this Convention and which does not, 
within the year following the expiration of the period of ten years mentioned 
in the preceding paragraph, exercise the right of denunciation provided for in 
this Article, will be bound for another period of ten years and, thereafter, 
may denounce this Convention at the expiration of each period of ten years 
under the terms provided for in this Article.<p>
<p>
Article 17<p>
   1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organisation.<p>
<p>
   2. When notifying the Members of the Organisation of the registration of 
the second ratification communicated to him, the Director-General shall draw 
the attention of the Members of the Organisation to the date upon which the 
Convention will come into force.<p>
<p>
Article 18<p>
   The Director-General of the International Labour Office shall communicate 
to the Secretary-General of the United Nations for registration in accordance 
with Article 102 of the Charter of the United Nations full particulars of all 
ratifications and acts of denunciation registered by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 19<p>
   At such times as may consider necessary the Governing Body of the 
International Labour Office shall present to the General Conference a report 
on the working of this Convention and shall examine the desirability of 
placing on the agenda of the Conference the question of its revision in whole 
or in part.<p>
<p>
Article 20<p>
   1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
a) the ratification by a Member of the new revising Convention shall ipso jure 
involve the immediate denunciation of this Convention, notwithstanding the 
provisions of Article 16 above, if and when the new revising Convention shall 
have come into force;<p>
<p>
b) as from the date when the new revising Convention comes into force this 
Convention shall cease to be open to ratification by the Members.<p>
   2. This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 21<p>
   The English and French versions of the text of this Convention are equally 
authoritative.<p>
<p>
   The foregoing is the authentic text of the Convention duly adopted by the 
General Conference of the International Labour Organisation during its 
Forty-sixth Session which was held at Geneva and declared closed the 
twenty-eighth day of June 1962.<p>
<p>
   In faith whereof we have appended our signatures this thirtieth day of June 
1962.<p>
<p>
                    The President of the Conference,<p>
                           JOHN LYNCH.<p>
<p>
          The Director-General of the International Labour Office<p>
                         DAVID A. MORSE.<p>
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