Guatemala

Old Age, Disability, and Survivors

Regulatory Framework

First law: 1969, implemented on a national level in 1977.

Current law: 2003 (old-age, disability, and survivors).

Type of program: Social insurance system.

Coverage

Employees, including agricultural workers and some public-sector employees.

Voluntary coverage for self-employed persons.

Special system for other public-sector employees, including the executive and military personnel.

Source of Funds

Insured person: 1.83% of covered earnings.

The minimum earnings used to calculate contributions are the minimum daily wage.

The minimum daily wage is 63.70 quetzales.

There are no maximum earnings used to calculate contributions.

Self-employed person: Voluntary contributions of 5.5% of declared earnings.

The minimum earnings used to calculate contributions are the minimum daily wage.

The minimum daily wage is 63.70 quetzales.

There are no maximum earnings used to calculate contributions.

Employer: 3.67% of covered payroll.

The minimum earnings used to calculate contributions are the minimum daily wage.

The minimum daily wage is 63.70 quetzales.

There are no maximum earnings used to calculate contributions.

Government: 25% of total contributions paid (not yet implemented); also contributes as an employer.

Qualifying Conditions

Old-age pension: For insured persons first insured before 2011, age 60 with at least 16 years of contributions (rising by one year each year until it reaches 20 years in 2015). For insured persons first insured as of 2011, age 62 with at least 240 months of contributions.

The pension is not payable abroad.

Disability pension: The insured must be assessed with a disability and have at least 36 months of contributions in the six years before the disability began.

The disability pension is awarded according to two degrees of disability: total disability, involving the loss of more than 33% of earning capacity; and severe disability, involving the complete loss of earning capacity and the permanent need for the constant attendance of another person.

Constant-attendance supplement: Paid if the insured has a severe disability and requires the constant attendance of others to perform daily functions.

The pension is not payable abroad.

Survivor pension: The deceased had at least 36 months of contributions in the last six years, was receiving the old-age pension, or was entitled to receive the old-age or disability pension at the time of death.

The widow(er)'s pension ceases on remarriage.

Old-Age Benefits

Old-age pension: The pension is 50% of the insured's average earnings in the last 60 months plus 0.5% for each six-month period of contributions exceeding the required number of months for the old-age pension.

Dependent's supplement: 10% of the insured's pension is paid for a wife or partner or a disabled husband, for each child younger than age 18 (no age limit if disabled), and for a dependent mother and a dependent, disabled father who are not pensioners under this program.

The minimum monthly pension, including supplements, is 340 quetzales.

The maximum monthly pension, including supplements, is 4,800 quetzales.

The maximum pension received is 80% of the insured's earnings; earnings may not be more than 6,000 quetzales.

Schedule of payments: Thirteen payments a year plus a December bonus of 500 quetzales.

Benefit adjustment: Benefits are adjusted periodically according to a financial assessment of the program.

Permanent Disability Benefits

Disability pension: For a total disability, the pension is 50% of the insured's average earnings in the last 36 months plus 0.5% for each six-month period of contributions exceeding the required number of months for the disability pension.

Dependent's supplement: 10% of the insured's pension is paid for a wife or partner or a disabled husband, for each child younger than age 18 (no age limit if disabled), and for a dependent mother and a dependent, disabled father who are not pensioners under this program.

The minimum monthly pension, including supplements, is 340 quetzales.

The maximum monthly pension, including supplements, is 4,800 quetzales.

Constant-attendance supplement: 25% of the insured's pension is paid.

Schedule of payments: Thirteen payments a year plus a December bonus of 500 quetzales.

Benefit adjustment: Benefits are adjusted periodically according to a financial assessment of the program.

Survivor Benefits

Survivor pension: 50% of the total disability or old-age pension the deceased received or would have been entitled to receive is paid to the widow(er).

The minimum monthly widow(er)'s pension is 170 quetzales.

Orphan's pension: 25% of the deceased's pension is paid to each orphan younger than age 18 (no age limit if disabled); 50% to each full orphan.

The minimum monthly orphan's pension is 85 quetzales; 170 quetzales for a full orphan.

Dependent parent's pension: 25% of the deceased's pension is paid to each dependent parent.

The minimum monthly pension for a dependent parent is 85 quetzales.

All survivor benefits combined must not exceed 100% of the deceased's pension; the sum of the minimum monthly pensions must not exceed 340 quetzales.

Schedule of payments: Thirteen payments a year plus a December bonus of 500 quetzales.

Funeral grant: A lump sum of 600 quetzales is paid.

Benefit adjustment: Benefits are adjusted periodically according to a financial assessment of the program.

Administrative Organization

Ministry of Labor and Social Welfare (http://www.mintrabajo.gob.gt) provides general supervision.

Social Security Institute (http://www.igssgt.org) administers the program.

Sickness and Maternity

Regulatory Framework

First law: 1952 (maternity and children).

Current law: 1968 (sickness and maternity).

Type of program: Social insurance system.

Coverage

Employees of firms with three or more workers and freight or passenger transport enterprises with one or more workers.

Exclusions: Self-employed persons and elected civil servants.

Source of Funds

Insured person: 2% of gross earnings.

There are no minimum or maximum earnings used to calculate contributions.

Self-employed person: Not applicable.

Employer: 40% of a fixed premium.

There are no minimum or maximum earnings used to calculate contributions.

Government: 20% of a fixed premium.

There are no minimum or maximum earnings used to calculate contributions.

Qualifying Conditions

Cash sickness and maternity benefits: The insured must have at least three months of contributions in the six months before the incapacity began.

Medical benefits: The insured must be in covered employment. For insured persons first insured before August 5, 2005, there are no minimum contribution requirements. For insured persons first insured on or after August 5, 2005, the insured must have at least three months of contributions in the last six months.

Sickness and Maternity Benefits

Sickness benefit: The benefit is 66.7% of average earnings and is paid after a three-day waiting period for up to 26 weeks; may be extended to 39 weeks. The receipt of benefits for multiple periods of illness must not exceed 52 weeks in a 24-month period.

The maximum monthly benefit is 2,400 quetzales.

Maternity benefit: The benefit is 100% of earnings and is paid for 30 days before and 54 days after the expected date of childbirth. Nursing mothers are also permitted one hour a day at work to nurse their child, for up 10 months.

Workers' Medical Benefits

Medical benefits: Benefits include general, specialist, and maternity care; surgery; hospitalization; medicine; laboratory services; X-rays; appliances; transportation; rehabilitation; and retraining. The Social Security Institute normally provides medical services directly to patients through its medical facilities.

Free medical benefits are provided to uninsured persons in an emergency and until the condition stabilizes.

Dependents' Medical Benefits

The wife or partner of an insured man receives the same maternity care and accident benefits as an insured woman in all parts of the country; she receives sickness benefits in 21 of the 22 administrative departments.

Free medical benefits are provided to uninsured persons in an emergency and until the condition stabilizes.

Administrative Organization

Ministry of Labor and Social Welfare (http://www.mintrabajo.gob.gt) provides general supervision.

Social Security Institute (http://www.igssgt.org) administers contributions and benefits and provides medical benefits through its hospitals, clinics, and other medical services.

Work Injury

Regulatory Framework

First law: 1947.

Current law: 1994, implemented in 1995.

Type of program: Social insurance system.

Note: Work injury benefits are administered as part of the old-age, disability, and survivor program.

Coverage

All insured workers in the country.

Exclusions: Self-employed persons.

Source of Funds

Insured person: 1% of gross earnings.

There are no minimum or maximum earnings used to calculate contributions.

Self-employed person: Not applicable.

Employer: 3% of gross payroll.

There are no minimum or maximum earnings used to calculate contributions.

Government: 1.5% of gross payroll.

There are no minimum or maximum earnings used to calculate contributions.

Qualifying Conditions

Work injury benefits: For cash benefits, the insured must have at least three months of contributions before the work injury or occupational disease began. For medical benefits, the insured must have at least four months of contributions in the last six months before the occupational disease began.

Temporary Disability Benefits

The benefit is 66.7% of earnings and is paid after a one-day waiting period.

The minimum daily benefit is eight quetzales.

The maximum monthly benefit is 2,400 quetzales.

Benefit adjustment: Benefits are adjusted periodically according to a financial assessment of the program.

Permanent Disability Benefits

Permanent disability benefit: A lump sum of 495 to 4,950 quetzales is paid according to the assessed degree of disability.

Benefit adjustment: Benefits are adjusted periodically according to a financial assessment of the program.

Workers' Medical Benefits

Benefits include medical treatment, surgery, hospitalization, medicine, appliances, transportation, rehabilitation services, X-rays, laboratory tests, and retraining.

Survivor Benefits

Funeral grant: A lump sum of up to 412.50 quetzales is paid for funeral expenses.

Benefit adjustment: Benefits are adjusted periodically according to a financial assessment of the program.

Administrative Organization

Ministry of Labor and Social Welfare (http://www.mintrabajo.gob.gt) provides general supervision.

Social Security Institute (http://www.igssgt.org) administers contributions and benefits and provides medical benefits through its hospitals, clinics and other medical services.