Revised Laws of Saint Lucia (2023)

PART III
PROVISIONS CONCERNING BENEFITS

CHAPTER 1

Totalizing of Periods

ARTICLE VIII

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   1.   If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of one Party, eligibility for that benefit shall be determined by totalizing these periods and those specified in paragraphs 2 and 3, provided that the periods do not overlap.

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   2.   (a)   For purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a period of residence in the territory of Saint Lucia, after the age at which periods of residence in Canada are creditable for purposes of that Act and on or after April 2, 1979, shall be considered as a period of residence in the territory of Canada.

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      (b)     For purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 3 months which are creditable under the legislation of Saint Lucia shall be considered as a year for which contributions have been made under the Canada Pension Plan.

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   3.   For purposes of determining eligibility for a benefit under the legislation of Saint Lucia,

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      (a)     when the calendar year 1979 is a creditable period under the Canada Pension Plan, it shall be considered as 9 months for which contributions have been paid under the legislation of Saint Lucia;

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      (b)     a year commencing on or after January 1, 1980, which is a creditable period under the Canada Pension Plan shall be considered as 12 months for which contributions have been paid under the legislation of Saint Lucia;

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      (c)     a month commencing on or after April 1, 1979, which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a month for which contributions have been paid under the legislation of Saint Lucia.

ARTICLE IX

If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of the Parties, totalized as provided in this Agreement, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the laws of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods.

ARTICLE X

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   1.   If the total duration of the creditable periods completed under the legislation of one Party is less than one year and if, taking into account only those periods, no right to a benefit exists under that legislation, the competent institution of that Party shall not be required to award benefits in respect of those periods by virtue of this Agreement.

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   2.   These periods shall, however, be taken into consideration by the competent institution of the other Party to determine eligibility for benefits under the legislation of that Party through the application of Articles VIII and IX.

CHAPTER 2
BENEFITS UNDER THE LEGISLATION OF CANADA

ARTICLE XI

Benefits Under the Old Age Security Act

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   1.   (a)   If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be paid to that person outside the territory of Canada if the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.

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      (b)     The amount of the pension payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that Act.

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   2.   (a)   If a person is not entitled to an Old Age Security pension or a spouse's allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse's allowance shall be paid to that person if the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse's allowance.

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      (b)     The amount of the pension or the spouse's allowance payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse's allowance, exclusively on the basis of the periods creditable under that Act.

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   3.   (a)   Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada unless the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.

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      (b)     The spouse's allowance and the guaranteed income supplement shall be paid outside the territory of Canada only to the extent permitted by the Old Age Security Act.

ARTICLE XII

Benefits Under the Canada Pension Plan

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   1.   If a person is not entitled to a disability pension, disabled contributor's child's benefit, survivor's pension, orphan's benefit or death benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan.

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   2.   (a)   The amount of the flat-rate portion of the benefit payable under the provisions of this Agreement shall, in this case, be determined by multiplying—

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      (i)     the amount of the flat-rate portion of the benefit determined under the provisions of the Canada Pension Plan,

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      (ii)     the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under the Canada Pension Plan for entitlement to that benefit.

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      (b)     In no case, however, shall the fraction referred to in subparagraph (a) (ii) exceed the value of one.

CHAPTER 3
BENEFITS UNDER THE LEGISLATION OF SAINT LUCIA

ARTICLE XIII

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   1.   If a person is not entitled to a retirement pension, an invalidity pension or a survivor's pension solely on the basis of the periods creditable under the legislation of Saint Lucia, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Saint Lucia shall calculate the amount of benefit payable in the following manner:

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      (a)     it shall first determine the amount of the theoretical benefit which would be payable under the legislation of Saint Lucia solely on the basis of the creditable periods completed under that legislation;

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      (b)     it shall then multiply the theoretical benefit by the ratio that the creditable periods actually completed under the legislation of Saint Lucia represent in relation to the minimum creditable period required under the legislation of Saint Lucia for entitlement to the benefit in question.

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   2.   The proportional benefit calculated in accordance with the provisions of paragraph 1 shall be the benefit payable by the competent institution of Saint Lucia.

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   3.   Notwithstanding any other provision of this Agreement, where a retirement grant, an invalidity grant or a survivor's grant is payable under the legislation of Saint Lucia, but eligibility for a corresponding pension under that legislation can be established through the application of this Agreement, the pension shall be paid in lieu of the grant.

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   4.   Where a retirement grant, an invalidity grant or a survivor's grant was paid under the legislation of Saint Lucia in respect of an event which happened before the date of entry into force of this Agreement, and where eligibility for a corresponding pension under that legislation is subsequently established through the application of this Agreement, the competent institution of Saint Lucia shall deduct from any benefit payable in the form of a pension any amount previously paid in the form of a grant.