Revised Laws of Saint Lucia (2023)

PART I
DEFINITIONS, SCOPE AND GENERAL PROVISIONS

ARTICLE 1

Definitions

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   1.   In this Agreement, unless the context otherwise requires:

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      a.     “benefit” means a periodical payment in cash in respect of the benefits specified in Article 2, including any components thereof and such increases, supplements or allowances as may be specified in the applicable legislation, and payable for a period exceeding 52 weeks;

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      b.     “competent authority” means the Minister of other authority of a Contracting Party charged with responsibility for social security;

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      c.     “competent institution” means—

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         i.     the institution with which the person concerned is insured when claiming a benefit; or

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         ii.     the institution from which a claimant is entitled to receive, or would be entitled to receive, a benefit if such a claimant were resident in the territory of the Contracting Party where that institution is situated; or

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         iii.     the institution designated by the competent authority of the Contracting Party concerned;

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      d.     “competent jurisdiction” means the territory of the Contracting Party where the competent institution is situated;

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      e.     “Contracting Party” means any country which has signed and ratified this Agreement in accordance with paragraphs 1, 2 and 3 of Article 59 or has acceded thereto in accordance with paragraph 4 of Article 59 or in accordance with Article 60 and for which the Agreement is in force;

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      f.     “dependant” means—

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         i.     a member of the family of an insured person and who is dependent on that person; or

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         ii.     some person who, though not being such a family member, is recognised as such by the applicable legislation; or

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         iii.     a surviving spouse of an insured person whether or not dependent on that person;

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      g.     “institution” means the body responsible for administering the applicable legislation;

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      h.     “insurance period” means the contribution period defined or recognised as such by or under the applicable legislation;

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      i.     “insured person” means an employed or a self-employed person, or any other person recognised as such by or under the applicable legislation;

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      j.     “applicable legislation” means the relevant laws governing social security for the time being in force in the territory of a Contracting Party;

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      k.     “place of residence” means ordinary place of residence;

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      l.     “stay” means temporary residence;

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      m.     “survivor” means a person—

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         i.     defined or recognised as such by the applicable legislation, and

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         ii.     who is entitled to claim through an insured person dying in consequence of an employment injury or otherwise, and “survivors' benefit” shall be construed accordingly.

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   2.   Other words and expressions used in this Agreement have the meanings respectively assigned to them by the applicable legislation.

ARTICLE 2

Scope of Agreement

The provisions of this Agreement shall apply to the following payments of social security:

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   a.     invalidity pensions;

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   b.     disablement pensions;

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   c.     old age or retirement pensions;

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   d.     survivors' pensions; and

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   e.     death benefits in the form of pensions.

ARTICLE 3

Application of the Agreement

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   1.   The provisions of this Agreement shall be applied to insured persons who are or have been subject to the applicable legislation of one or more Contracting Parties as well as to their dependants or survivors, as the case may be.

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   2.   The provisions of this Agreement shall not be applied to diplomatic agents within the meaning of the Vienna Convention on Diplomatic Relations (1961), Consular Officers within the meaning of the Vienna Convention on Consular Relations (1963), or to persons of equivalent rank in international organisations of which a Contracting Party is a member.

ARTICLE 4

Determination of Contribution Periods for Voluntary Insurance

Where the applicable legislation of a Contracting Party makes entitlement to voluntary insurance conditional upon the completion of a specified number of insurance periods, the competent institution shall take into account all insurance periods completed under the applicable legislation of other Contracting Parties as if they were insurance periods completed under its applicable legislation.

ARTICLE 5

Reduction, Modification, Suspension, and Forfeiture of Benefits

Unless otherwise specified in this Agreement, the benefits specified in Article 2 and provided for in the applicable legislation of Contracting Parties shall not be reduced, modified, suspended or forfeited by reason only of the fact that the claimant is resident in the territory of a Contracting Party other than that of the Contracting Party where the competent institution liable to pay such benefits is situated.