Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Barbados (Ratification: 1972)

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

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.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the detailed report of the Government received in November 2013 and asks the Government to provide previously requested information concerning the adjustment of invalidity and old-age benefits (Article 29 of the Convention) and lowering of pension age in arduous or unhealthy occupations (Article 15(3)).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the detailed report of the Government received in November 2013 and asks the Government to provide previously requested information concerning the adjustment of invalidity and old-age benefits (Article 29 of the Convention) and lowering of pension age in arduous or unhealthy occupations (Article 15(3)).

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

The Committee notes the detailed report of the Government received in November 2013 and asks the Government to provide previously requested information concerning the adjustment of invalidity and old-age benefits (Article 29 of the Convention) and lowering of pension age in arduous or unhealthy occupations (Article 15(3)).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the detailed report of the Government received in November 2013 and asks the Government to provide previously requested information concerning the adjustment of invalidity and old-age benefits (Article 29 of the Convention) and lowering of pension age in arduous or unhealthy occupations (Article 15(3)).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Part III (Old-age benefit). Article 15 of the Convention. Retirement age. According to the 12th actuarial review of the national insurance scheme, the number of pensioners per 100 contributors has doubled between 1982 and 2005 and the replacement ratio has increased more than six times during that period due to the increased value of new pensions and periodic pension adjustments. In parallel, pensionable age of 65 years is progressively being increased to reach 67 years on 1 January 2018 while flexible retirement allows retirement at any age from 60 to 70 years. The Committee requests the Government to indicate whether the labour legislation of Barbados deems certain occupations as arduous or unhealthy and whether the pensionable age is lowered in respect of persons who have been engaged in such occupations. Please provide a copy of the provisions of national laws and regulations relevant in this respect.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 29. Adjustment of invalidity and old-age benefits. In its previous reports, the Government had indicated that pensions were reviewed on an ad hoc basis, but that it was considering introducing a method of annual indexation as a means to increase periodical payments. The Committee invites the Government to supply with its next report the information requested by the report form under Article 29.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part III (Old-age benefit). Article 15 of the Convention. Retirement age. According to the 12th actuarial review of the national insurance scheme, the number of pensioners per 100 contributors has doubled between 1982 and 2005 and the replacement ratio has increased more than six times during that period due to the increased value of new pensions and periodic pension adjustments. In parallel, pensionable age of 65 years is progressively being increased to reach 67 years on 1 January 2018 while flexible retirement allows retirement at any age from 60 to 70 years. The Committee requests the Government to indicate whether the labour legislation of Barbados deems certain occupations as arduous or unhealthy and whether the pensionable age is lowered in respect of persons who have been engaged in such occupations. Please provide a copy of the provisions of national laws and regulations relevant in this respect.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 29. Adjustment of invalidity and old-age benefits. In its previous reports, the Government had indicated that pensions were reviewed on an ad hoc basis, but that it was considering introducing a method of annual indexation as a means to increase periodical payments. The Committee notes with satisfaction that, as a result of the pension reform, indexation of long-term benefits has been introduced and invites the Government to supply with its next report the information requested by the report form under Article 29.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part V (Standards to be complied with by periodical payments), Article 26 of the Convention (in conjunction with Articles 10 and 17). According to the National Insurance and Social Security (Benefit) Regulations, 1967, the invalidity pension is payable where the beneficiary has satisfied the contribution condition of having actually paid at least 150 weekly contributions, and the old-age pension, of having a minimum 500 contributions of which 150 must have been actually paid. Taking as the basis 50 weekly contributions per year, the contribution condition of having actually paid at least 150 weekly contributions would correspond, in terms of the Convention, to having completed a qualifying period of three years of contributions, while the condition of having 500 credited contributions would imply having completed a contributory period of ten years. The qualifying conditions for invalidity and old age benefits in Barbados are thus much below the qualifying period of respectively 15 and 30 years of contribution, which is taken by the Convention for the calculation of the prescribed minimum replacement level of respectively 50 per cent and 45 per cent of previous earnings. In order to assess whether this level is attained in Barbados, the calculations should be based on the increased amount of the invalidity pension, which would have been granted after 15 years, and not three years, of contribution, and of the old-age pension after 30, and not ten years of contribution.

As regards the old-age pension, after 30 years of contribution it would attain 60 per cent of previous earnings – far more than 45 per cent prescribed by the Convention. As concerns the invalidity pension, it is paid to a beneficiary who has between 150 and 500 weekly contributions at the rate of 40 per cent of the average annual insurable earnings in the best three contribution years, and increased by 1 per cent for each 50 weekly contributions in excess of the first 500 contributions. The contributory period of 15 years would thus bring 250 weekly contributions in excess of the first 500 and result in the pension attaining 45 per cent of the average annual earnings, which is below the 50 per cent level prescribed by the Convention. However, taking into account that basic invalidity pension is payable already after three years of contribution, recourse may also be had to the provision of Article 11, paragraph 3, of the Convention, which requires in this case only 40 per cent level of replacement, which will be largely attained.

The Committee would like the Government to confirm this conclusion on the basis of concrete practical examples of calculations of the invalidity pension granted by the national insurance and social security scheme to the standard beneficiary whose salary at the moment of the contingency equalled the reference wage of the skilled manual male employee selected under Article 26 of the Convention (the wage of Category V skilled artisan in agriculture).

Article 29 (Adjustment of benefits). In reply to the Committee’s previous comments, the Government stated in its report on Convention No. 102 that the increase in pension was not tied directly to the cost-of-living index, but reviewed on an ad hoc basis; minimum invalidity, old-age and survivors’ pensions were increased in September 1998 and October 2001. Similarly, wages in Barbados were not indexed but negotiated by trade unions and no information on the index of earnings was available. However, the Government added that consideration is being given to the method of indexation as a means used to increase periodical payments. The Committee notes that the Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme published in July 2001 has considered the effect of two different indexation policies: uprating only minimum benefits and earnings limits and uprating all benefits in payment and earnings limits in line with future increases in prices, and concluded that “if upratings are confined to increases in the minimum benefit levels rather than increases to all benefits in payment the standard of living of the elderly will decrease relative to prices after their pensions come into payment. Their standard of living would also decrease relative to that of the working population. However, in the long term full uprating of all benefits in payment appears too expensive to contemplate without other further significant changes to the scheme” (page 3).

The Committee would like to recall in this respect that ad hoc uprating of the minimum benefit only, which is the current practice of the national insurance scheme, is not sufficient to give full effect to the abovementioned provision of the Convention, which obliges the Government to establish a review mechanism for all long-term benefits in payment. The Convention does not require, however, the introduction of the automatic indexation of benefits, though it may be the most advanced method of adjusting the rates of the benefits to inflation and the cost of living. The ratifying States have full discretion in choosing the method of benefits adjustment most suitable to their economic system, provided that it safeguards the standard of living of the beneficiaries. The Committee would therefore urge the Government, in accordance with its obligations under Article 35(1) of the Convention, to include, in the next actuarial review of the national insurance scheme, a study of different methods of adjusting all long-term benefits in payment to substantial changes in the general level of earnings and in the cost of living, with a view to giving full effect to the Convention on this point. Meanwhile, it would like the Government to supply the statistical information requested by the report form under Article 29 on the increases of the cost-of-living index and the amount of the minimum (and, if available, other) benefits for the whole period starting with the base year for which the retail price index equals 100 per cent (according to the report on Convention No. 102, at 30 June 2001 this index was 120.7).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct request, the Committee notes the information provided in the Government’s reply and its reports on the application of Conventions Nos. 128 and 102, as well as the attached Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme as of 31 December 1999.

Part V (Standards to be complied with by periodical payments), Article 26 of the Convention (in conjunction with Articles 10 and 17). According to the Government’s report and the National Insurance and Social Security (Benefit) Regulations, 1967, the invalidity pension is payable where the beneficiary has satisfied the contribution condition of having actually paid at least 150 weekly contributions, and the old-age pension, of having a minimum 500 contributions of which 150 must have been actually paid. Taking as the basis 50 weekly contributions per year, the contribution condition of having actually paid at least 150 weekly contributions would correspond, in terms of the Convention, to having completed a qualifying period of three years of contributions, while the condition of having 500 credited contributions would imply having completed a contributory period of ten years. The qualifying conditions for invalidity and old age benefits in Barbados are thus much below the qualifying period of respectively 15 and 30 years of contribution, which is taken by the Convention for the calculation of the prescribed minimum replacement level of respectively 50 per cent and 45 per cent of previous earnings. In order to assess whether this level is attained in Barbados, the calculations should be based on the increased amount of the invalidity pension, which would have been granted after 15 years, and not three years, of contribution, and of the old-age pension after 30, and not ten years of contribution.

As regards the old-age pension, after 30 years of contribution it would attain 60 per cent of previous earnings – far more than 45 per cent prescribed by the Convention. As concerns the invalidity pension, it is paid to a beneficiary who has between 150 and 500 weekly contributions at the rate of 40 per cent of the average annual insurable earnings in the best three contribution years, and increased by 1 per cent for each 50 weekly contributions in excess of the first 500 contributions. The contributory period of 15 years would thus bring 250 weekly contributions in excess of the first 500 and result in the pension attaining 45 per cent of the average annual earnings, which is below the 50 per cent level prescribed by the Convention. However, taking into account that basic invalidity pension is payable already after three years of contribution, recourse may also be had to the provision of Article 11, paragraph 3, of the Convention, which requires in this case only 40 per cent level of replacement, which will be largely attained.

The Committee would like the Government to confirm this conclusion on the basis of concrete practical examples of calculations of the invalidity pension granted by the national insurance and social security scheme to the standard beneficiary whose salary at the moment of the contingency equalled the reference wage of the skilled manual male employee selected under Article 26 of the Convention (the wage of Category V skilled artisan in agriculture).

Article 29 (Adjustment of benefits). In reply to the Committee’s previous comments, the Government stated in its report on Convention No. 102 that the increase in pension was not tied directly to the cost-of-living index, but reviewed on an ad hoc basis; minimum invalidity, old-age and survivors’ pensions were increased in September 1998 and October 2001. Similarly, wages in Barbados were not indexed but negotiated by trade unions and no information on the index of earnings was available. However, the Government added that consideration is being given to the method of indexation as a means used to increase periodical payments. The Committee notes that the Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme published in July 2001 has considered the effect of two different indexation policies: uprating only minimum benefits and earnings limits and uprating all benefits in payment and earnings limits in line with future increases in prices, and concluded that “if upratings are confined to increases in the minimum benefit levels rather than increases to all benefits in payment the standard of living of the elderly will decrease relative to prices after their pensions come into payment. Their standard of living would also decrease relative to that of the working population. However, in the long term full uprating of all benefits in payment appears too expensive to contemplate without other further significant changes to the scheme” (page 3).

The Committee would like to recall in this respect that ad hoc uprating of the minimum benefit only, which is the current practice of the national insurance scheme, is not sufficient to give full effect to the abovementioned provision of the Convention, which obliges the Government to establish a review mechanism for all long-term benefits in payment. The Convention does not require, however, the introduction of the automatic indexation of benefits, though it may be the most advanced method of adjusting the rates of the benefits to inflation and the cost of living. The ratifying States have full discretion in choosing the method of benefits adjustment most suitable to their economic system, provided that it safeguards the standard of living of the beneficiaries. The Committee would therefore urge the Government, in accordance with its obligations under Article 35(1) of the Convention, to include, in the next actuarial review of the national insurance scheme, a study of different methods of adjusting all long-term benefits in payment to substantial changes in the general level of earnings and in the cost of living, with a view to giving full effect to the Convention on this point. Meanwhile, it would like the Government to supply the statistical information requested by the report form under Article 29 on the increases of the cost-of-living index and the amount of the minimum (and, if available, other) benefits for the whole period starting with the base year for which the retail price index equals 100 per cent (according to the report on Convention No. 102, at 30 June 2001 this index was 120.7).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference to its previous direct request, the Committee notes the information provided in the Government’s reply and its reports on the application of Conventions Nos. 128 and 102, as well as the attached Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme as of 31 December 1999.

Part V (Standards to be complied with by periodical payments), Article 26 of the Convention (in conjunction with Articles 10 and 17). According to the Government’s report and the National Insurance and Social Security (Benefit) Regulations, 1967, the invalidity pension is payable where the beneficiary has satisfied the contribution condition of having actually paid at least 150 weekly contributions, and the old-age pension, of having a minimum 500 contributions of which 150 must have been actually paid. Taking as the basis 50 weekly contributions per year, the contribution condition of having actually paid at least 150 weekly contributions would correspond, in terms of the Convention, to having completed a qualifying period of three years of contributions, while the condition of having 500 credited contributions would imply having completed a contributory period of ten years. The qualifying conditions for invalidity and old-age benefits in Barbados are thus much below the qualifying period of respectively 15 and 30 years of contribution, which is taken by the Convention for the calculation of the prescribed minimum replacement level of respectively 50 per cent and 45 per cent of previous earnings. In order to assess whether this level is attained in Barbados, the calculations should be based on the increased amount of the invalidity pension, which would have been granted after 15 years, and not three years, of contribution, and of the old-age pension after 30, and not ten years of contribution.

As regards the old-age pension, after 30 years of contribution it would attain 60 per cent of previous earnings - far more than 45 per cent prescribed by the Convention. As concerns the invalidity pension, it is paid to a beneficiary who has between 150 and 500 weekly contributions at the rate of 40 per cent of the average annual insurable earnings in the best three contribution years, and increased by 1 per cent for each 50 weekly contributions in excess of the first 500 contributions. The contributory period of 15 years would thus bring 250 weekly contributions in excess of the first 500 and result in the pension attaining 45 per cent of the average annual earnings, which is below the 50 per cent level prescribed by the Convention. However, taking into account that basic invalidity pension is payable already after three years of contribution, recourse may also be had to the provision of Article 11, paragraph 3, of the Convention, which requires in this case only 40 per cent level of replacement, which will be largely attained.

The Committee would like the Government to confirm this conclusion on the basis of concrete practical examples of calculations of the invalidity pension granted by the national insurance and social security scheme to the standard beneficiary whose salary at the moment of the contingency equalled the reference wage of the skilled manual male employee selected under Article 26 of the Convention (the wage of Category V skilled artisan in agriculture).

Article 29 (Adjustment of benefits). In reply to the Committee’s previous comments, the Government stated in its report on Convention No. 102 that the increase in pension was not tied directly to the cost-of-living index, but reviewed on an ad hoc basis; minimum invalidity, old-age and survivors’ pensions were increased in September 1998 and October 2001. Similarly, wages in Barbados were not indexed but negotiated by trade unions and no information on the index of earnings was available. However, the Government added that consideration is being given to the method of indexation as a means used to increase periodical payments. The Committee notes that the Tenth Actuarial Report of the Operation of the Barbados National Insurance Scheme published in July 2001 has considered the effect of two different indexation policies: uprating only minimum benefits and earnings limits and uprating all benefits in payment and earnings limits in line with future increases in prices, and concluded that "if upratings are confined to increases in the minimum benefit levels rather than increases to all benefits in payment the standard of living of the elderly will decrease relative to prices after their pensions come into payment. Their standard of living would also decrease relative to that of the working population. However, in the long term full uprating of all benefits in payment appears too expensive to contemplate without other further significant changes to the scheme" (page 3).

The Committee would like to recall in this respect that ad hoc uprating of the minimum benefit only, which is the current practice of the national insurance scheme, is not sufficient to give full effect to the abovementioned provision of the Convention, which obliges the Government to establish a review mechanism for all long-term benefits in payment. The Convention does not require, however, the introduction of the automatic indexation of benefits, though it may be the most advanced method of adjusting the rates of the benefits to inflation and the cost of living. The ratifying States have full discretion in choosing the method of benefits adjustment most suitable to their economic system, provided that it safeguards the standard of living of the beneficiaries. The Committee would therefore urge the Government, in accordance with its obligations under Article 35(1) of the Convention, to include, in the next actuarial review of the national insurance scheme, a study of different methods of adjusting all long-term benefits in payment to substantial changes in the general level of earnings and in the cost of living, with a view to giving full effect to the Convention on this point. Meanwhile, it would like the Government to supply the statistical information requested by the report form under Article 29 on the increases of the cost of living index and the amount of the minimum (and, if available, other) benefits for the whole period starting with the base year for which the retail price index equals 100 per cent (according to the report on Convention No. 102, at 30 June 2001 this index was 120.7).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows.

With reference to its previous comments, the Committee notes the information supplied by the Government in its report and in particular that concerning the application of Part III (Old-age benefit), Article 15, paragraph 3, of the Convention.

Part V (Standards to be complied with by periodical payments). (a) Article 27 (in relation with Articles 10 and 17). In reply to the Committee’s previous comments concerning the recourse to Article 27 to ascertain whether the level of the invalidity benefit attains the percentage prescribed by the Convention, the Government indicates that the minimum rate of benefit has been increased to $82.50 per week. In its report on Convention No. 102, the Government also indicates the minimum amount of wages for domestics, shop assistants and construction labourers, without indicating however which category is chosen to reflect the reference wage of an ordinary adult male labourer for the purpose of the calculation of the level of benefits. In order to be able to assess the level of the invalidity benefit, the Committee would be grateful if the Government’s next report would include full information requested in the report form on the Convention adopted by the Governing Body Titles I and II under Article 27, specifying in particular, for the same time period, the current minimum amount of the invalidity benefit provided to a standard beneficiary (man with wife and two children) and the amount of the wage (and not only minimum wage) of an ordinary adult male labourer chosen in accordance with paragraph 4 or 5 of Article 27. Please supply also the information requested by the report from under Title III of the said Article with regard to the rate of the old-age benefit.

(b) Article 29. The Committee notes the information on fluctuations of the retail price index and the wages index for the period 1990-94. It hopes that the Government’s next report would include also statistical information on the corresponding adjustment of the minimum and other invalidity and old-age pensions for the same time period, as required by the report form under Article 29.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report and in particular that concerning the application of Part III (Old-age benefit), Article 15, paragraph 3, of the Convention.

Part V (Standards to be complied with by periodical payments). (a) Article 27 (in relation with Articles 10 and 17). In reply to the Committee's previous comments concerning the recourse to Article 27 to ascertain whether the level of the invalidity benefit attains the percentage prescribed by the Convention, the Government indicates that the minimum rate of benefit has been increased to $82.50 per week. In its report on Convention No. 102, the Government also indicates the minimum amount of wages for domestics, shop assistants and construction labourers, without indicating however which category is chosen to reflect the reference wage of an ordinary adult male labourer for the purpose of the calculation of the level of benefits. In order to be able to assess the level of the invalidity benefit, the Committee would be grateful if the Government's next report would include full information requested in the report form on the Convention adopted by the Governing Body Titles I and II under Article 27, specifying in particular, for the same time period, the current minimum amount of the invalidity benefit provided to a standard beneficiary (man with wife and two children) and the amount of the wage (and not only minimum wage) of an ordinary adult male labourer chosen in accordance with paragraph 4 or 5 of Article 27. Please supply also the information requested by the report form under Title III of the said Article with regard to the rate of the old-age benefit.

(b) Article 29. The Committee notes the information on fluctuations of the retail price index and the wages index for the period 1990-94. It hopes that the Government's next report would include also statistical information on the corresponding adjustment of the minimum and other invalidity and old-age pensions for the same time period, as required by the report form under Article 29.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following points raised in its previous direct request:

1. Part V (Standards to be complied with by periodical payments). (a) Articles 26 or 27 (in relation with Articles 10 and 17). The Committee notes with interest the statistical information supplied by the Government. With reference to the rate of invalidity benefits, the Committee recalls that in accordance with section 22(3) of the National Insurance and Social Security (Benefit) Regulations of 1967, as amended, the rate of the benefit shall be 45 per cent of the average annual insurable earnings when the beneficiary has completed the period of 15 years of contribution provided for in Article 11, paragraph 1(a), of the Convention, whereas, in accordance with Article 26 of the Convention in conjunction with the Schedule to Part V, this rate should be 50 per cent for the same period of contribution for a standard beneficiary (a man with a wife and two children). However, the Committee notes from the information supplied by the Government that the minimum level of invalidity benefits provided to beneficiaries was $76 per week in 1990. In these conditions, the Government could also avail itself of Article 27 of the Convention to ascertain whether the level of the invalidity benefits is in accordance with the percentage provided for in the Convention. It therefore requests the Government to supply the information requested under Titles I and II of Article 27 of the report form adopted by the Governing Body and to specify the minimum amount of the invalidity benefit provided to a standard beneficiary and the amount of the wage of an ordinary adult male labourer chosen in accordance with paragraph 4 or 5 of Article 27. With regard to the rate of old-age benefit, the Government should also supply the information requested under Title III of the report form.

(b) Article 29. The Committee notes with interest the information concerning the readjustment of minimum pension benefits up to 1990. It requests the Government to supply statistical information on the adjustment of pensions other than minimum pensions in accordance with the requirements of the report form under Article 29. Please also supply information on fluctuations in the cost of living index and/or the index of earnings.

2. Part III (Old-age benefit), Article 15, paragraph 3. The Committee recalls that, in its report for 1979, the Government stated that there did not exist in Barbados work which was considered to be sufficiently arduous or unhealthy to justify a lowering of the pensionable age to under 65 years for persons engaged in such work. The Committee would be grateful if the Government would indicate in its next report if this statement is still applicable.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report. It also notes with interest the statistical information supplied on the number of persons covered by invalidity insurance and old-age insurance (Part II (Invalidity benefit), Article 9 and Part III (Old-age benefit), Article 16 of the Convention).

1. Part V (Standards to be complied with by periodical payments). (a) Articles 26 or 27 (in relation with Articles 10 and 17). The Committee notes with interest the statistical information supplied by the Government. With reference to the rate of invalidity benefits, the Committee recalls that in accordance with section 22(3) of the National Insurance and Social Security (Benefit) Regulations of 1967, as amended, the rate of the benefit shall be 45 per cent of the average annual insurable earnings when the beneficiary has completed the period of 15 years of contribution provided for in Article 11, paragraph 1(a), of the Convention, whereas, in accordance with Article 26 of the Convention in conjunction with the Schedule to Part V, this rate should be 50 per cent for the same period of contribution for a standard beneficiary (a man with a wife and two children). However, the Committee notes from the information supplied by the Government that the minimum level of invalidity benefits provided to beneficiaries was $76 per week in 1990. In these conditions, the Government could also avail itself of Article 27 of the Convention to ascertain whether the level of the invalidity benefits is in accordance with the percentage provided for in the Convention. It therefore requests the Government to supply the information requested under Titles I and II of Article 27 of the report form adopted by the Governing Body and to specify the minimum amount of the invalidity benefit provided to a standard beneficiary and the amount of the wage of an ordinary adult male labourer chosen in accordance with paragraph 4 or 5 of Article 27. With regard to the rate of old-age benefit, the Government should also supply the information requested under Title III of the report form.

(b) Article 29. The Committee notes with interest the information concerning the readjustment of minimum pension benefits up to 1990. It requests the Government to supply statistical information on the adjustment of pensions other than minimum pensions in accordance with the requirements of the report form under Article 29. Please also supply information on fluctuations in the cost of living index and/or the index of earnings.

2. Part III (Old-age benefit), Article 15, paragraph 3. The Committee recalls that, in its report for 1979, the Government stated that there did not exist in Barbados work which was considered to be sufficiently arduous or unhealthy to justify a lowering of the pensionable age to under 65 years for persons engaged in such work. The Committee would be grateful if the Government would indicate in its next report if this statement is still applicable.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. Part II (Invalidity benefit), Article 9, and Part III (Old-age benefit), Article 16, of the Convention. The Committee notes that for a number of years the Government's reports have not contained information on the number of persons covered by invalidity and old-age insurance (namely, all employees including apprentices, prescribed classes of the economically active population, or all residents or certain categories of residents, according to the formula selected by the Government). It is consequently not in a position to evaluate the extent to which effect is given to the above provisions of the Convention. The Committee therefore hopes that the Government will not fail to supply in its next report the statistics requested on this subject under Articles 9 and 16 by the report form for this Convention.

2. Part V (Standards to be complied with by periodical payments). (a) Articles 26 or 27 (in relation with Articles 10 and 17). The Committee also requests the Government to supply in its next report the statistics requested in the report form for Article 26 or Article 27 (according to whether the Government wishes to use the formula set out in one or the other of these Articles) so that it is in a position to evaluate the extent to which the amounts of invalidity benefits and old-age benefits provided by the national insurance scheme attain the levels set out in the Convention.

(b) Article 29. The Committee notes with interest the information supplied in the report (which was received in 1987) concerning the readjustment of pensions in 1985 and 1986 and it would be grateful if the Government would continue to supply information of this nature in its future reports, in accordance with the requirements of the report form under Article 29.

3. Part III (Old-age benefit), Article 15, paragraph 3. The Committee requests the Government to indicate whether there exists at the current time in Barbados work that is considered to be sufficiently arduous or unhealthy to justify, in accordance with the above provision of the Convention, a lowering of the pensionable age to under 65 years for persons engaged in such work. [The Government is asked to report in detail for the period ending 30 June 1989.]