Revised Laws of Saint Lucia (2023)

PART V
TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 27
Transitional Provisions

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   1.   The Understanding does not confer any right to the payment of benefits for a period before the date of its coming into force.

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   2.   For the application of Part III and subject to the provisions of paragraph 1:

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      (a)     periods of insurance completed prior to the date of the coming into force of the Understanding shall be taken into consideration for the purposes of determining entitlement to a benefit under the Understanding;

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      (b)     a benefit, other than a death benefit, is due under the Understanding even if it is related to an event prior to the date of its coming into force;

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      (c)     any benefit which, on account of nationality or residence, has been refused, reduced or suspended shall, at the request of the person concerned, be granted or re-established from the date of the coming into force of the Understanding;

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      (d)     a benefit granted before the date of the coming into force of the Understanding shall be reviewed, at the request of the person concerned;

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      (e)     if a claim referred to in subparagraphs (c) and (d) is filed within 2years of the date of the coming into force of the Understanding and unless there are more favorable provisions in the applicable legislation, rights under the Understanding shall be acquired from the latter date, notwithstanding the provisions of the legislation of a Party concerning the forfeiture or the limitations of rights;

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      (f)     if a claim referred to in subparagraphs (c) and (d) is filed after the time limit of 2 years after the coming into force of the Understanding, rights which are not forfeited or which are not limited shall be acquired from the date of the claim, except if there are more favourable provisions in the applicable legislation;

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      (g)     in the case where a claim other than one referred to in subparagraphs (c) and (d) is made within one year from the date of the coming into force of the Understanding, rights created by virtue of the Understanding shall be acquired from that date or from the date of the event creating the right to benefit, whichever is the latter, notwithstanding the provisions of the legislations of both Parties relative to the prescription of rights.

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   3.   For the application of Article 8, a person already detached at the date of the coming into force of the Understanding shall be deemed to have become detached on that date.

ARTICLE 28
Coming into Force and Duration

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   1.   Each contracting Party shall notify the other when the internal procedures required for the coming into force of the Understanding have been completed.

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   2.   The Understanding shall be entered into for an indefinite duration beginning with the date of its coming into force, which shall be set by an exchange of letters between the contracting Parties. It may be denounced by one of the Parties by notifying the other Party in writing. The Understanding shall expire on the 31st day of December which follows the date of notification by at least 12 months.

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   3.   If the Understanding is terminated after denunciation, all rights acquired by a person under the provisions of the Understanding shall remain in effect, and negotiations shall be undertaken in order to settle any rights in the process of being acquired under the Understanding.

Done at Quebec City on the 16th day of September, 1987, in duplicate, in the English and French languages, both texts being equally authentic.