Revised Laws of Saint Lucia (2023)

PART III
PROVISIONS ON BENEFITS

ARTICLE 12
Applicable Benefits

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   1.   For the purposes of this Part, the word “benefit” does not include a grant payable under the legislation of Saint Lucia.

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   2.   This Part shall apply to all benefits referred to in the Act respecting the Quebec Pension Plan.

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   3.   This Part shall also apply to all benefits referred to in sub-paragraph (b) of paragraph 1 of Article 2.

ARTICLE 13
Principle of Totalization

When persons have completed periods of insurance under the legislation of both Parties and are not eligible to benefits by virtue of the periods of insurance completed solely under the legislation of one Party, the competent institution of this Party shall totalize, to the extent necessary for the entitlement to benefits under the legislation which it applies, the periods of insurance completed under the legislation of each of the Parties, provided that they do not overlap.

ARTICLE 14
Benefits under the Legislation of Quebec

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   1.   Persons who have been subject to the legislation of both Parties shall be entitled, as shall their dependants, survivors and other rightful claimants, to benefits under the Quebec legislation if they meet the requirements for entitlement to benefits under this legislation. The competent institution of Quebec shall determine the amount of benefits in accordance with the provisions of the legislation which it applies.

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   2.   If the persons are not entitled to benefits under the Quebec legislation, the competent institution of Quebec shall proceed as follows:

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      (a)     it shall recognize a year of contribution where the competent institution of Saint Lucia certifies that these persons have been credited with a period of insurance of at least 3 months in a year under the legislation of Saint Lucia, provided that the year is included in the contributory period as defined in the Quebec legislation;

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      (b)     years recognized under subparagraph (a) shall be totalized with periods of insurance completed under the Quebec legislation, in accordance with Article 13.

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   3.   When the totalization prescribed in paragraph 2 entitles persons to benefits, the competent institution of Quebec shall determine the amount payable as follows:

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      (a)     that part of the benefit which is related to earnings is calculated according to the provisions of the Quebec legislation;

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      (b)     the flat rate portion of the benefit is adjusted proportionately to the periods for which contributions were paid under the Quebec legislation relative to the contributory period as defined in that legislation.

ARTICLE 15
Benefits under the Legislation of Saint Lucia

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   1.   Persons who have been subject to the legislation of both Parties shall be entitled, as shall their dependants, survivors and other rightful claimants, to benefits under the legislation of Saint Lucia if they meet the requirements for entitlement to benefits under that legislation. The competent institution of Saint Lucia shall determine the amount of benefits in accordance with the provisions of the legislation which it applies.

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   2.   In the persons are not entitled to benefits under the legislation of Saint Lucia, the competent institution of Saint Lucia shall proceed as follows:

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      (a)     it shall recognize, with respect to the calendar year 1970, 3 months for which contributions have been paid under the legislation of Saint Lucia, where the competent institution of Quebec certifies that these persons have been credited with a period of insurance for that year under the Quebec legislation;

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      (b)     it shall recognize, with respect to any year commencing on or after January 1, 1971, 12 months for which contributions have been paid under the legislation of Saint Lucia, where the competent institution of Quebec certifies that these persons have been credited with a period of insurance for each of those years;

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      (c)     it shall recognize, with respect to any month commencing on or after October 1, 1970, a month for which contributions have been paid under the legislation of Saint Lucia, where that month is considered, under the Old Age Security Act of Canada as it applies in the territory of Quebec, as a month of residence and where that month is not part of a period of insurance under the Quebec Pension Plan;

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      (d)     the months recognized under subparagraphs (a), (b) and

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      (e)     shall be totalized with periods of insurance completed under the legislation of Saint Lucia, in accordance with Article 13.

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   3.   Where the totalization prescribed in paragraph 2 entitles persons to benefit the competent institution of Saint Lucia shall determine the amount payable as follows:

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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 on the basis of the minimum period of insurance required under that legislation for entitlement to the benefit;

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

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   4.   Notwithstanding any other provision of the Understanding, 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 Understanding, the pension shall be paid in lieu of the grant.

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   5.   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 the coining into force of the Understanding, and where eligibility for a corresponding pension under that legislation is subsequently established through the application of the Understanding, 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.

ARTICLE 16
Common Provisions

If persons are not entitled to benefits after the totalization prescribed in Article 14 or in Article 15, the periods of insurance completed under the legislation of a third party, bound to each Party by a legal instrument on social security, containing provisions on the totalization of periods of insurance shall be taken into account for the determination of entitlement to benefits in accordance with the terms and conditions prescribed in this Part.