National Insurance Act

(2) This Act shall come into force on such day as the Governor-General may by proclamation published in the gazette appoint and different days may be appointed for the same provision for the same purpose in relation to different cases or class of case.

(3) Any reference in any provision of this Act to the appointed day shag be construed as a reference to the day appointed under subsection (2) for the coming into force of that provision.

Interpretation

2. (1) In this Act, unless the context otherwise requires--

“appointed Day" means the day appointed -under sub- section (2) of section 1;

"beneficiary," means a person entitled to benefit;,

"Board" means the National Insurance Board established under section 4;

"Benefit" means any benefit under this Act;

“1claimant" means a person who has claimed benefit;

“contribution" means a contribution under this Act;

"contribution period" means the prescribed period in respect of which the contribution is payable;

“contribution week" means a period of seven days commencing from midnight between Sunday and Monday;

“contribution year" means

(a) the period of 52 or 53 weeks beginning with the first Monday in any calendar year and ending on the Sunday immediately before the first Monday of the succeeding calendar year,

(b) in relation to the year 19 87 the period beginning with the first Monday occurring on or after the appointed day and ending on the Sunday immediately before the first Monday in 1998;

"deduction card" means the card issued. by the Board for the purpose of recording thereon The amount of the wages of an employee, the amount of contribution deducted therefrom and the total contribution to be paid in respect of that employee;

“employee or employed person" means a person who is insured by virtue of subsection (1) of section 18;

"employer" means a person, natural or legal who employs a person in insurable employment;

"incapable of work" means incapable of work by reason of a specific disease or bodily or mental disablement or deemed in accordance with regulation to be so incapable;

"insurable employment" means subject to subsection (3) of section 18 any employment specified in the second schedule,

"insured" means insurance under this Act;

"Investment Committee" means the National Insurance Fund Investment Committee of the Board established by subsection (1) of section 13;

"Minister" means the Minister responsible for the subject of National Insurance;

“regulations" means regulations made by the Minister under this Act;

“schedule" and "section" mean schedule and section to this Act;

“unpaid apprentice" means an apprentice who, under his contract of apprenticeship, receives no pecuniary remuneration;

“Wages” includes salary or any other pecuniary remuneration as may be prescribed.

(2) For the purposes of this Act, a person is over or under any age therein mentioned according to whether he has or has not attained that age and a person is between two ages therein mentioned if he has attained the first mentioned age but has not attained the second age.

PART 11

ADMINISTRATION AND FINANCE

National Insurance Fund

3. (1) There is hereby established a fund to be called the National Insurance Fund, hereinafter called the Fund into which shall be paid

(a) all contributions;

(b) all rent, interest on investment or other income derived from the

assets of the Fund.

(d) all sums properly accruing to the Fund under this Actor any regulations made there under including the repayment of benefits; and

such other sums as may be provided by the House of Assembly for the purposes of the Act or as may be received and accepted by the Board on behalf of the Fund.

(2) There shall be paid or met out of the Fund-

(a) all benefits;

(b) (b)refunds of contributions;

there under; and

a. any sums as the Board may, with the approval of the Minister, write off as losses.

National Insurance Board

4. (1) There is hereby established a Board to be called the National Insurance Board in which the Fund shall be vested and which shall subject to the provisions of this Act, be responsible for administering the Fund, and the provisions of the First Schedule shall apply as respects the constitution of the Board and its proceedings.

(2) The Board shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of suing and being sued and, subject to the provisions of this Act, of purchasing or otherwise acquiring, holding, charging and alienating real or personal property and of doing or performing such acts as bodies corporate may by law day or perform.

(3) The Board shall have its Head Office in the Town of Kingstown and service on the Board of any notice order or other documents shall be executed by delivering the same or by sending the same by post, addressed to the Director at the Head Office.

(4) The seal of the Board shall be kept in the custody of the Director and shall not be affixed to any instrument except by the authority of a resolution of the Board, and the sealing of any instrument shall be authenticated by the signature of the Director and of such other person as the Board may appoint for the purpose.

(5) The Board shall consider and advise upon all matters which may from time to time be referred to it by the Minister, and shall furnish to the Minister such information as he may require about the operation d the Act.

(6) The Board shall render reports on its activities in the last preceding contribution year to the Minister, and the Minister shall, as soon as possible after receiving any such report, lay a copy thereof before the House of Assembly.

(7) The report to be rendered under subsection (6) shall 'he rendered not later than the thirtieth day of June in the year next after the contribution year.

Committees of the board

5. (1) Subject to the provisions of this Act the Board may appoint such committees of the Board as it may think fit

(2) A committee appointed under subsection (1) shall include not less than two members of the Board, and may include persons who are not members of the Board.

(3) Subject to the provisions of this Act, the constitution and functions of a committee of the Board shall be determined by the Board.

Remuneration the Board & Its Committees

6. There shall be paid out of the Fund

(a) to the chairman, deputy chairman and each member of the Board in respect of his office, such remuneration and allowances as the Cabinet may determine; and

(b) to any person co-opted to a meeting of the Board, and to any person, not being a member of the Board, who serves an a committee of the Board, such remuneration and allowances as the Minister may determine upon a recommendation by the Board.

Director

7. (1) The Cabinet shall appoint a fit and proper person to be the Director chief administrative officer of the Board (in this Act referred to as "The Director") on such terms and conditions as it may think fit.

(2) The Director shall, submit to the provisions of this Act and any direction by the Minister, be responsible for the direction of the staff of the Board and for the management of the Fund and in particular for:

(a) the collection of contributions under this Act;

(b) the payment of benefits under this Act, and of the expenditure necessary for the administration of the fund;

(c) the investment, where not inconsistent with this or any other Act,, or any specific direction by the Minister of surplus moneys in the Fund; and

(d) accounting for all moneys collected, paid or invested under this Act.

Delegation by the Director

8. (1) The Director may in relation to any matter or class of matters, by writing under his hand, delegate to an officer or employee of the Board any of his functions under the Act except this power of delegation, so that the delegated function may be performed by such officer or employee with respect to the matter or class of matters specified in the instrument of delegation.

(2) Every delegation under this section shall be revocable at will, but any delegation shall not prevent the performing of any function by the Director.

Directors’Deputy

9. (1) The Cabinet shall appoint a fit and proper person to be the Deputy Director on such terms and conditions as it may think fit.

(2) On the occurrence of a vacancy in the office of Director, whether caused by death, resignation or otherwise, and in the case of illness, absence or temporary incapacity of the Director from whatever cause arising, and so long as such vacancy, illness, absence incapacity continues, the Deputy Director subject to the approval of the Minister shall have and may exercise all the powers, duties and functions of the Director.

(4) The fact that the Deputy Director exercises any power, duty or function as aforesaid shall be sufficient evidence of his authority so to do.

Staff Of The Board

10. (1) The Director may from time to time, acting upon the advice of the Board, appoint persons to be officers or employees of the Board.

(2) No salary in excess of $12,000 per annum shall be assigned to any post without the prior approval of the Cabinet.

(3) No appointment shall be made to any post to which salary in excess of $12,000 per annum is assigned without the prior approval of the Cabinet.

(5) No provision shall be made for the payment of any gratuity or like benefit to any officer or servant of the Board without he prior approval of the Cabinet,

Terms and conditions of employment

11. The terms and conditions of employment of officers and employees of the Board other than those of the Director and the Deputy Director shall be prescribed from time to time by the Board.

Inspectors

12. (1) The Board may designate such officers or employees in its service as it thinks fit to be inspectors for the purpose of this Act.

(2) Every inspector shall be furnished with a certificate or I.D. Card of his appointment and on applying for admission to any premises or place for the purposes of this Act shall produce the certificate or I.D. Card.

(3) The premises or place liable to inspection under this section include any premises or place where an inspector has reasonable cause to believe that persons are employed.

(4) An inspector shall for the purposes of this Act have power to enter at all reasonable times any premises or place liable to inspection under this Act and there make any examination or enquiry necessary for the purposes of this Act, and to require the production of any documents relating to contributions or liability to contribute to the Fund, for inspection by him on the said premises or place, and to copy such documents, or make extracts therefrom.

(5) The occupier or the servant or agent of the occupier of any premises or place liable to inspection, and any other person or the servant or agent of that person who employs or had been employing any person shall, as the inspector may reasonably require-

(a) furnish to him all information;

(b) produce for his inspection all documents.

(6) Any person who without reasonable cause obstructs, impedes, hinders, molests, or refuses admission to an inspector in the exercise of any of his powers under this section or refuses or neglects to furnish any information or produce any document when required to do so under this section commits an offence add is liable on summary conviction to a fine not exceeding seven hundred and fifty dollars or to imprisonment for a term not exceeding six months or to both much fine and imprisonment.

National Insurance Investment Committee

13. (1) There is hereby established a committee to be called the National Insurance Fund and Investment Committee.

(2) The Investment Committee shall consist of:

(a) the Chairman of the Board, who shall be the Chairman of the Committee;

(b) the Director

(3) The Investment Committee shall meet as often as necessary and may regulate the procedure of its meetings, and shall be able to act notwithstanding any vacancy among its members. Three members of the Committee including the Chairman, shall form a quorum.

(4) The Investment Committee shall in addition meet at such time and place as the Chairman of the minister may request, to give consideration and advice on such cases relating to the operation of this Act as the Minister may require.

(5) In the absence of the Director, the Deputy Director subject to the approval of the Minister shall attend any meeting and in such case the Deputy Director shall be deemed to be a member of the Committee f or the purpose of that meeting.

(6) The Investment Committee shall consider and make recommendations to the Board on the investment of monies in the Fund which are surplus to current needs and the Director shall give the Investment Committee any information necessary for the proper discharging of its function.

Investment of Moneys

14. (1) Moneys in the Fund may, subject to the approval of the Cabinet, be lawfully expended by the Board in the purchase of any land or building deemed by the Board to the necessary for the proper administration of this Act.

(2) The investment of moneys in the Fund not otherwise required shall be made by the Director in accordance with any directions of the Board.

Temporary insufficiency of assets

15. (1) Any temporary insufficiency in the assets of the Fund to meet the liabilities of the Fund shall be advanced out of the Consolidated Fund.

(2) Subject to the provisions of this Act, any sums advanced under subsection (1) shall be repaid to the Consolidated Fund as soon as may be practicable.

Accounts and Audit

16 (1) The Board shall cause to be kept proper books of account and other books and records in relation thereto, in which shall be recorded all financial transactions of the Fund.

(2) The accounts of the Fund shall be prepared in such form as may be prescribed in the Financial and Accounting Regulations and these Regulations shall provide for the form and conduct of the accounts of the Fund and in particular, for

(a) the establishment and maintenance of different branches of such accounts, and

(b) the establishment and maintenance within the Fund of different reserves, for different purposes; and an auditor appointed by the Cabinet, shall examine every such account.

(3) The Board shall-

(a) submit to the Minister every account certified by the appointed auditor in accordance with sub- section (2), within one month of the date of such certificate; and

(b) submit annually to the Minister a statement of the securities in which moneys forming part of the Fund are for the time being invested.

(4) The Minister shall, as soon as possible after receiving any account in accordance with subsection (3), lay a copy thereof before the House of Assembly.

Review of operation of Act

17. (1) Subject to subsection (2) the Board shall with the assistance of an actuary approved by the Minister review the operation of this Act, during the period ending with the thirty-first day of December, 1989 and thereafter during the period ending with the thirty-first day, of December in every third year, and on each such review shall make a report to the Minister on the financial condition of the Fund and the adequacy or otherwise of contributions to support benefits, having regard to its other liabilities under the Act.

(2) The Minister may at any time direct that the period to be covered by any review and the report under this section shall be reduced and that the making of that and subsequent reviews shall be accelerated accordingly.

(3) The Minister shall, as soon as possible after receiving any report in accordance with this section, lay a copy thereof before the House of Assembly.

PART III

INSURED PERSONS AND CONTRIBUTIONS

Persons to be insured

18. (1) Subject to the provisions of this Act, every person who--

(a) on the day preceding the appointed day is under 60 years of age and is a member of the St. Vin- cent National Provident Fund set up under the National Provident Fund Act 1970 (No. I of 1970), or

(b) on or after the appointed day, being over the age of sixteen years and under the age of 60 years, is gainfully occupied in an insurable employment set out in the Second Schedule,

shall be insured under this Act in respect of the several contingencies in relation to which benefits are provided under subsection (1) of section 26 and there shall be payable to or in respect of any such person, in the prescribed circumstances, any benefit payable by virtue of the said subsection.

(2) Notwithstanding subsection (1) any Person Or class of persons to whom this subsection applies shall be exempt from the requirement to, be insured -under this Act in respect of the contingency in relation to which sickness benefit is provided under paragraphs (a) of section 26 (1) and there shall not be payable to or in respect of any such person or class of persons any benefit payable by virtue of the said paragraph.

(3) The persons or class of persons to whom sub- section (2) applies are--

(a) Officers on the Permanent and pensionable establishment of the public service;

(b) Certificated teachers

(c) Members; of the Royal Saint Vincent and the Grenadines Police Force of the rank of Assistant Superintendent of Police and above;

(d) Officers and employees of Statutory Bodies whose conditions of service provide for the granting of sick leave on full salary for a period exceeding 3 months during any period of 12 months ending on the final day of the sick leave granted.

(4) Where the employment of a person to whom subsection (2) applies is for any reason terminated and that person becomes employed otherwise than as is mentioned in subsection (2), he shall be deemed to have been insured in respect of the contingency in relation to which sickness benefit is payable under paragraph (a) of section 26 (1) during his employment as a person mentioned in subsection (3) notwithstanding any enactment to the contrary, and the insurable earnings of such person during such employment shall be taken into account in computing his average insurable earnings for the purposes of sickness benefit.

(5) Regulations may provide for the insurance under this Act of self-employed persons, of unpaid apprentices, of persons under sixteen years of age and of persons 60 years and upwards in respect a any of the several contingencies in relation to which benefits are provided; and any such regulations may prescribe such modifications of the provisions of this Act or make such other provisions, as are necessary for the purpose of giving effect to this subsection.

(6) Regulations may provide for modifying the application of subsection (1) in relation to cases in whish it appears to the Minister desirable to do so because of the nature of a person's employment or otherwise, and such regulations may in particular provide-

(a) for treating as not being insurable employment, or disregarding-

(i) employment which is of a casual or subsidiary nature or in which the person concerned is engaged only to an inconsiderable extent;

(ii) employment in the service of, or in service of a person employed by, such international organisations, or countries other than Saint Vincent and the Grenadines as may be proscribed;

(b) for treating as being insurable employment such employment outside Saint Vincent and the Grenadines in continuation of insurable employment in Saint Vincent and the Grenadines as may be prescribed; and

(c) for treating the employment of a, person as continuing during periods of holiday or incapacity for work or in such other circumstances as may be prescribed.

(7) Subject to the provisions of this Act, all persons employed in insurable employment shall be insured in manner provided by this Act against personal injury caused on or after the appointed day by accident arising out of and in the course of such employment and there shall be payable in the prescribed circumstances to or in respect of any such person the appropriate description of benefit prescribed by subsection (1) of section 27.

(8) For the purposes of subsection (7) every employment specified by this Act or Regulations made thereunder as insurable employment is insurable employment.

Voluntary Insurance

19. (1) Any insured person who is not liable to pay contributions is entitled on making application to the Director within such time and in such manner as may be prescribed to receive a certificate of voluntary insurance if he satisfies the prescribed conditions.

(2) An insured person holding a certificate of voluntary insurance may pay within such time and in such manner as may be prescribed the contributions at the prescribed rate for any contribution period for which he is not liable to pay a contribution as an insured person, and regulations may prescribe the circumstances in which such a person may cease to be entitled to contribute in default of payment of contributions within the prescribed time.

Source of Funds

20. (1) For the purposes of this Act insured persons this Act and employers shall, subjec