IBERO-AMERICAN MULTILATERAL AGREEMENT ON SOCIAL SECURITY

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IBERO-AMERICAN MULTILATERAL AGREEMENT ON SOCIAL
SECURITY

• Regional Center for Central America and the
  Caribbean

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ApprovalXVII Ibero-American Summit of Heads of
State and GovernmentSantiago de Chile, November
2007

• Santiago Declaration, Point 8 .... and in
  compliance with the agreements of the XV y XVI
  Ibero-American Summits, today member countries
  adopt the text of the Multilateral Ibero-American
  Agreement on Social Security and commit to
  promote internal procedures for its rapid entry
  into force. In addition, they agree to instruct
  their technical representatives to initiate
  negotiations of the Application Agreement as soon
  as possible..
• Program of Action, Article 31 To agree on the
  implementation of the Ibero-American cooperation
  initiative Application and Development of the
  Ibero-American Agreement on Social Security
  (IDCISS), managed by SEGIB and OISS, to promote
  the rapid entry into force of this multilateral
  agreement, and to promote and coordinate
  negotiation of its Application Agreement.

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Objective

• The urgent need of a coordination instrument
  regarding national legislation in matters of
  pensions to protect the rights of migrant workers
  and members of their families who are protected
  under the Social Security schemes of
  Ibero-American States, with the aim of allowing
  them to enjoy the benefits generated through
  their work in the receiving countries.

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Importance of the Agreement

• Individual Improves the protection of migrant
  workers and the members of their families.
• Collective Promotes formalization, helps avoid
  dumping, strengthens systems.
• Numerical Will be the most significant
  instrument of this type (can be used as a model).
• Ibero-American Citizenship Will be the first
  instrument to recognize rights that can be
  directly claimed in court.

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Background

• The V Ibero-American Conference of Ministers and
  Senior Social Security Officers, held in Segovia
  (Spain) in September 2005, entrusted OISS with
  the development and management of an
  Ibero-American Multilateral Agreement on Social
  Security to cover current and future rights of
  migrant workers and members of their families in
  the region.
• The initiative was received and approved at the
  XV Ibero-American Summit of Heads of State and
  Government, held in Salamanca in October 2005,
  and ratified in the Montevideo Commitment,
  signed by Ibero-American Heads of State at the
  XVI Summit, Uruguay, November 2006.

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Principles

• Equal treatment
• Personal Application Sphere Legal workers
  employees, and independent workers
• Material Application Sphere Old age,
  disability, survival, and other financial
  benefits
• Applicable Legislation lex loci laboris (with
  exceptions)
• Totalization of periods and prorrata temporis
• To export benefits
• Administrative and technical cooperation
• To maintain more favorable provisions from other
  agreements
• The possibility of expanding to other spheres

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Personal Application Sphere

• Individuals subject to the legislation of one or
  several Member States
• Family members, beneficiaries, or rights holders

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Material Application Sphere

• Disability benefits
• Economic benefits for senior citizens
• Survival benefits
• Economic benefits in cases of workplace accidents
  and diseases

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Regimes under Consideration

• General and special social security contributive
  regimes
• Does not apply to non-contributive regimes or to
  social welfare or benefits for victims of wars or
  their consequences

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Establishing Benefits

• TOTALIZATION OF PERIODS

• NO TOTALIZATION OF PERIODS

• The relevant institution recognizes the benefits
  in accordance with legislation.
• Considers periods of insurance, contribution, or
  employment in the Member State.

• When periods of insurance, contribution or
  employment have not been completed in a Member
  State, those periods will be taken into account
  in other Member States.
• Theoretical and real benefits.

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Totalization of Periods

• THEORETICAL BENEFITS Determining the amount of
  benefits based on all insurance, contribution,
  and employment periods having been completed
  under their own legislation.
• REAL BENEFITS Determining the amount of benefits
  by applying the existing proportion of the
  duration of the completed periods of insurance,
  contribution, and employment before occurrence of
  the contingency under legislation of the Member
  State and the totalized periods to the
  theoretical benefits.

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Benefits in Cases of Workplace Accidents or
Diseases

• Established in accordance with the legislation of
  the Member State where the worker is at the
  moment when the accident or disease occurs

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Technical Administrative Committee

• A uniform application of the Agreement
• To resolve administrative matters or matters of
  interpretation of the Agreement
• To promote and develop collaboration among States
  in matters of Social Security
• To promote new technologies to exchange
  information

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Entry into Force

• The Agreement will come into force on the first
  day of the third month following the date on
  which the seventh instrument of ratification,
  acceptance, approval or adherence has been
  deposited. Nonetheless, the same will produce
  effects among mentioned States once the
  Application Agreement has been signed by them.
• For each State ratifying or adhering to this
  Agreement after the seventh instrument of
  ratification, acceptance, approval or adherence
  has been deposited, the Agreement will come into
  force on the first day of the third month
  following the date on which that State has
  deposited the relevant instrument nonetheless,
  the same will produce effects once the
  Application Agreement has been signed by the
  State. The Ibero-American General Secretariat
  will communicate through OISS this action to
  the other Member States.

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• APPLICATION AGREEMENT OF THE IBERO-AMERICAN
• MULTILATERAL AGREEMENT ON SOCIAL SECURITY

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Contents

• TITLE I. General Rules and Provisions concerning
  Applicable Legislation
•  Chapter 1. General rules
•  Chapter 2. Provisions concerning applicable
  legislation
•  TITLE II. Provisions concerning Benefits
•   Chapter 1. Provisions concerning disability,
  old age, and survival benefits
•  Chapter 2. Procedure to claim benefits
•  Chapter 3. Provisions concerning benefits in
  cases of workplace accidents and diseases
•  TITLE III. Provisions concerning Administrative
  Cooperation
•  
• TITLE IV. Provisions Concerning the Technical
  Administrative Committee
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• TITLE V. Final Provisions
•  ANNEXES
•  Annex 1 Relevant Authorities (Article 2.1)
•  Annex 2 Relevant Institutions of Member States
  to the Agreement (Article 2.2)
•  Annex 3. Liaison Organizations from each Member
  State to the Agreement (Article 2.3)