2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

PART III
APPLICATION OF PART 1 OF THE CONVENTION

(General Provisions)

ARTICLE 5

In order to benefit from the provisions of Article 6 of the Convention, the person concerned shall submit to the institution of the Participating State concerned a certificate of the periods of insurance completed under the legislation of any other Participating State. This certificate shall be issued at the request of the person concerned, or the said institution, by the institution or institutions within the purview of which he has completed the periods in question.

APPLICATION OF ARTICLE 8 OF THE CONVENTION

ARTICLE 6

Where a person in receipt of benefits under the provisions of the legislation of one Participating State is also entitled to benefits under the provisions of the legislation of one or more of the other Participating States, the following rules shall apply:

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    (a)     where the application of the provisions of paragraph 2, of Article 8 of the Convention would entail the reduction, suspension or suppression of such benefits, none of them may be reduced, suspended or suppressed to an extent greater than the amount which would be obtained by dividing the sum affected by the reduction, suspension or suppression in accordance with the legislation under which benefit is due by the number of benefits subject to reduction, suspension or suppression to which the beneficiary is entitled;

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    (b)     nevertheless, where the benefits concerned are invalidity, old age, or survivor's benefits paid out in accordance with the provisions of Article 16 of the Convention by the institution of a Participating State, that institution shall take account of the benefits, income or remuneration entailing the reduction, suspension or suppression of the benefits due from it solely for the purposes of the reduction, suspension or suppression of the amount referred to in the said paragraph 3 of Article 16, but not for the calculation of the notional amount referred to in the said paragraph 2 of Article 16, however, account shall be taken of such benefits, income or remuneration only to the extent of that fraction of their amount corresponding to the ratio of the periods completed, as prescribed in paragraph 3 of Article 16, of the Convention;

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    (c)     for the application of the provisions of paragraph 2 of Article 8 of the Convention, the competent institution concerned shall communicate all relevant information to one another on request;

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    (d)     for the application of the provisions of paragraph 2 of Article 8 of the Convention, the official rate of exchange shall be the rate prevailing on the first day of the month in which the final payment is made or, if the pension is recalculated, at the rate then prevailing.

ARTICLE 7

Where a person or a member of that person's family has a claim to maternity benefit under the provisions of the legislation of 2 or more Participating States, benefits shall be provided solely under the provision 3 of the legislation of the State in whose territory the birth took place, or, if the birth did not take place in the territories of either of those States, then solely under the provisions of the legislation to which the person concerned was last subject.

ARTICLE 8

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    1.   Where death occurs in the territory of a Participating State and there is entitlement under the provisions of the legislation of that State, and also under the provisions of the legislation of one or more of the other Participating States, the legislation of all the States shall be applied in accordance with the provisions of paragraph 3 of Article 33 of the Convention.

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    2.   When death occurs in the territory of a Participating State and entitlement to funeral benefit has been acquired solely under the provisions of the legislation of 2 or more other Participating States, the funeral benefit acquired under the provisions of the legislation of the other Participating States shall be apportioned in accordance with the provisions of paragraph 3 of Article 33 of the Convention.