Revised Laws of Saint Lucia (2023)

PART I
DEFINITIONS, GENERAL PROVISION AND SCOPE

ARTICLE 1

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   1.   For the purpose of this Convention—

“Authority” means the Authority of Heads of Government of Member States of the Organisation;

“benefit” means a benefit provided for in Article 2 and in the applicable legislation referred to in Article 3;

“competent authority” means the Minister or other authority charged with responsibility for national insurance and social security matters in the territory of each Participating State;

“competent institution” means—

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   (i)     the institution of the Participating States where the insured person is resident or if he is not resident in the territory of one of the Participating States, the institution of the Participating State the legislation of which last applied to him; or

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   (ii)     the institution from which he is entitled to receive, or would be entitled to receive benefit if he were resident in the territory of the Participating State where that institution is situated; or

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   (iii)     the institution designated by the competent authority of the Participating State in which the insured person is resident at the time of claiming benefit;

“competent State” means the Participating State in whose territory the competent institution is situated;

“dependant” means a member of the family of an insured person or some person though not being a member of the family of the insured person is accepted as such by virtue of being dependent on the insured person under the applicable legislation;

“Director General” means the Director General appointed under the Treaty;

“institution” means the authority or organisation responsible for administering all or part of the social security legislation of each participating State;

“insurance period” means any contribution period as or admitted as such by the legislation under which it was completed, and any other period treated as such, in so far as it is recognised by the said legislation as being equivalent to an insurance period;

“insured person” means an employed person or a self-employed person or any other person treated as an insured person under the legislation of the Participating State concerned;

“legislation” means according to the context, the laws, regulations and statutory provisions in force immediately before the coming into force of the present Convention or which subsequently come into force throughout the territory of each Participating State, and which relate to the branches of social security specified in Article 2;

“Organisation” means the Organisation of Eastern Caribbean States established by the Treaty done at Basseterre on 18 June 1981;

“Participating State” means any Member State of the Organisation which is a signatory to this Convention or any other State which has acceded to this Convention in accordance with Article 49;

“survivor” means a person defined or recognised as such by the legislation by virtue of which benefits are payable;

“Treaty” means the Treaty establishing the Organisation done at Basseterre on 18 June 1981.

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   2.   Any term not defined in this Article has the meaning assigned to it in the applicable legislation.

ARTICLE 2

This Convention shall apply to all the contributory social security schemes in respect of the following benefit:

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   (a)     invalidity, old-age and survivors' benefits;

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   (b)     benefits in respect of employment injuries and occupational diseases;

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   (c)     funeral benefits;

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   (d)     sickness and maternity benefits.

ARTICLE 3

Each Participating State shall, as soon as possible after the Convention becomes applicable to its territory, supply the Director General with a list of its legislation to which the Convention is applicable. Any modification to be made to the list shall in like manner be supplied to the Director General within 3 months from the date of the enactment of such legislation.

ARTICLE 4

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   1.   The provisions of this Convention shall apply to insured persons who are or have been subject to the legislation of one or more of the Participating States, as well as to their dependants or survivors as the case may be.

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   2.   The provisions of this Convention shall not apply to diplomatic agents as defined in the Vienna Convention on Diplomatic Relations, 1961, to consular officers as defined in the Vienna Convention on Consular Relations, 1963 or to persons of equivalent status in international organisations of which a Participating State is a member.

ARTICLE 5

The provisions of this convention shall not affect the obligations arising out of any Convention adopted by the International Labour Conference and ratified by the Participating States.

ARTICLE 6

Where the legislation of a Participating State makes admission to voluntary insurance conditional upon the completion of a certain number of insurance periods, the institution applying the said legislation shall in assessing the total number of periods completed, take into account all insurance periods completed under the legislation of any other Participating State, as if they were insurance periods completed under the legislation which the institution applies.

ARTICLE 7

Unless otherwise specified in this Convention, invalidity, old-age, survivors' or funeral benefits, and benefits paid in pension or lump sum form or a combination of both in respect of disablement for employment injuries or occupation diseases under the legislation of one or more of the Participating States, shall in no case be reduced, modified, suspended or confiscated on account of the fact that the insured person, his dependants or survivors are resident in the territory of one of the Participating States other than where the institution required to pay such benefits is situated.

ARTICLE 8

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   1.   Except in the case of invalidity, old-age, survivors' or occupational disease benefits assessed and paid by the institutions of 2 or more of the Participating States by virtue of Article 16 or paragraph (b) of Article 30, this Convention shall not confer or maintain the right to draw simultaneously 2 or more benefits of the same kind or 2 or more benefits referring to the same insurance period.

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   2.   Provisions in the legislation of a Participating State for the reduction, suspension or suppression of benefits where there is overlapping with other benefits or other income, or because of an occupational activity, shall apply also to a beneficiary in respect of benefits acquired under the legislation of any other Participating State or in respect of income obtained or occupation followed, in the territory of any other Participating State. This rule shall not, however, apply to benefits of the same nature payable in respect of invalidity, old-age, survivors' or occupational disease by the institutions of 2 or more Participating States in accordance with the provisions of Article 16 and paragraph (b) of Article 30.