Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Barbados

Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 1972)
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) (Ratification: 1972)

The Committee notes with deep concern that the Government’s reports on Conventions Nos 102 and 128, due since 2018, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Conventions Nos 102 and 128 on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 128 (invalidity and old-age benefits) together.

Part XI (Standards to be complied with by periodical payments) of Convention No. 102, Article 65(10), and Part V (Standards to be complied with by periodical payments) of Convention No. 128, Article 29. Adjustment of old-age, invalidity, and survivors’ benefits. In its previous comments, the Committee noted that social security benefits were adjusted by the same percentage as the lesser of the three-year average of wage or price increases, subject to actuarial advice on the maximum which could be granted. The Committee further requested the Government to provide statistical information on the adjustment of old-age and invalidity benefits according to the report form for Convention No. 128, and on the adjustment of survivors’ benefits according to the report form for Convention No. 102. The Committee recalls that as per Article 65(10) of Convention No. 102, the rates of current survivors’ benefits shall be reviewed following substantial changes in the general level of earnings, where these result from substantial changes in the cost of living and that, pursuant to Article 29 of Convention No. 128, the rates of old-age and invalidity benefits in payment shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. The Committee once again requests the Government to provide statistical data on the adjustment of survivors’ benefits under Title VI of Article 65 of the report form for Convention No. 102 and of old-age and invalidity benefits under Article 29 of the report form for Convention No. 128.

Part X (Survivors’ benefit) of Convention No. 102, Articles 60(1) and 63(5). Scope of personal coverage and qualifying conditions. In its previous comments, the Committee noted that the national legislation of Barbados did not provide for survivors’ benefits to spouses aged below 45 and caring for a child, whereas they would usually be presumed incapable of self-support and entitled to survivors’ benefits, in accordance with Article 60(1) of the Convention. The Committee therefore requested the Government to bring the national legislation into full conformity with the Convention on this point by ensuring that surviving spouses meeting the above-mentioned criteria be entitled to survivors’ benefits.

The Committee further noted that according to section 37(1) of the National Insurance and Social Security (Benefit) Regulations of 1967, a spouse of 45 years or over and a spouse with disability below the age of 50 were entitled to survivors’ benefit subject to the condition of having been married to the deceased for at least three years at the time of death. Noting that this requirement went beyond the qualifying conditions that may be imposed pursuant to Article 63 of the Convention, the Committee requested the Government to ensure that the imposition of a minimum duration of marriage for the entitlement to survivors’ benefit was applied only in respect of childless surviving spouses, in line with Article 63(5) of the Convention.

The Committee observes that the relevant provisions of the National Insurance and Social Security (Benefit) Regulations of 1967 (Regulations of 1967) on the entitlement to survivors’ pension, particularly its section 37(1), have not been modified since the Committee’s last examination. The Committee therefore reiterates its request to the Government to take the necessary measures to bring the national legislation into full conformity with Articles 60(1) and 63(5) of the Convention, by ensuring that: 1) survivors’ benefits are provided to spouses aged below 45 and caring for a child and 2) the condition of a minimum duration of marriage for the entitlement to survivors’ benefit is applied only in respect of childless spouses.

Article 64 of Convention No. 102. Duration of survivors’ benefit. The Committee previously noted that the payment of survivors’ benefits was limited to only one year in cases where the marriage was contracted after the deceased had been granted an old-age or an invalidity contributory pension (section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967). The Committee concluded that such a limitation was not in conformity with Article 64 of the Convention and requested the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

The Committee observes that section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967 has not been modified since this request was made to the Government. Recalling that, pursuant to Article 64 of the Convention, survivors’ benefits shall be granted throughout the contingency, regardless of the fact that the marriage with the deceased was contracted after the granting of an old-age or an invalidity contributory pension, the Committee once again requests the Government to bring the national legislation into full conformity with Article 64 of the Convention by removing the limitation on the payment of survivors’ benefits set out in section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967.

Part XI (Standards to be complied with by periodical payments) of Convention No. 102, Article 65, in conjunction with Articles 62 and 63. Level of survivors’ benefit. In its previous comments, the Committee noted that the benefit to which a surviving spouse aged between 45 and 50 years would be entitled, together with the supplements paid in respect of two children, would attain 26.5 per cent of the breadwinner’s previous earnings, below the 30 per cent replacement rate required by Article 63(3) of the Convention for systems, such as Barbados’, where the qualifying period does not exceed five years. On this basis, the Committee requested the Government to conduct an actuarial study on the financial implications of progressively raising the level of benefits paid to survivors between 45 and 50 years of age with a view to bringing national law and practice into conformity with the Convention. The Committee observes that the provisions of the National Insurance and Social Security (Benefit) Regulations of 1967, particularly its section 40(2)(4) on the rates of survivors' pension for a surviving spouse aged between 45 and 50 years, have not been modified since this request was made to the Government. The Committee therefore once again requests the Government to take the necessary measures to ensure that the survivors’ pension paid to surviving spouses between 45 and 50 years of age with two dependent children attains a replacement rate of at least 30 per cent of the earnings of the deceased breadwinner, in conformity with Article 63(3) of the Convention.

Part III (Old-Age benefit) of Convention No. 128, Article 15. Pensionable age. The Committee previously requested the Government to indicate whether the labour legislation of Barbados deemed certain occupations as arduous or unhealthy and whether the pensionable age was lower in respect of persons who had been engaged in such occupations. The Committee observes that, according to Schedule II of the National Insurance and Social Security Act of 2007 (Act of 2007), the pensionable age has been increased to 67 years since 1st January 2018. The Committee further observes that, in accordance with section 21(1A) of the Act of 2007 and section 32(1A) of the National Insurance and Social Security (Benefit) Regulations of 1967, insured persons may be entitled to an early retirement pension at the age of 60 years at a reduced rate, regardless of their previous occupation. The Committee recalls that pursuant to Article 15(2) of the Convention, a pensionable age higher than 65 years may be fixed by the competent authority, with due regard to demographic, economic and social criteria, which shall be demonstrated statistically. The Committee further recalls that according to Article 15(3) of the Convention, if the pensionable age is 65 years or higher, the age shall be lowered, under prescribed conditions, in respect of persons who have been engaged in occupations that are deemed by national legislation, for the purpose of old-age benefit, to be arduous or unhealthy. The Committee requests the Government to provide information on the demographic, economic and social criteria on which the decision to increase the pensionable age up to 67 years was based, including, for example, data on the healthy life expectancy (HLE), disability free life expectancy (DFLE), and employment rate among persons older than 65 years in Barbados. The Committee further requests, once again, the Government to indicate whether, in Barbados, there are occupations deemed by the national legislation to be arduous or unhealthy, and whether workers in these occupations are subject to a lower pensionable age.