Barber Judgment

European Court of Justice (ECJ) decision in Barber v. Guardian Royal Exchange (1990) means that pensions count as equal pay for the purposes of Article 119 (now Article 141(qv) following the Amsterdam Treaty). GRE’s scheme allowed redundant females to get an immediate pension at age 50 while for males the age was 55. Mr Barber was made redundant at 52 and received only cash benefits and redundancy pay, but woman would have received a pension. ECJ held that he was the victim of discrimination in breach of Article 119 and that ‘equal pay’ included an occupational pension. The Barber rule was held only to apply to service after 17 May 1990. See EQUAL TREATMENT.

Barratry

A marine insurance peril meaning any wrongful act wilfully committed by the master or crew to the detriment of the vessel’s owner or charterer.
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Barratry is wrongful act of the Master and/or crew to the detriment of the owners of the vessel, for example, scuttling, running the vessel ashore, setting the vessel on fire, etc.
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Relevant to Ocean Marine insurance, barratry is the serious misconduct of the captain or crew of a ship. This misconduct, which includes fraudulent and criminal acts, may cause damage to the ship or its cargo. (See Ocean Marine).

Base premium

The reinsured’s premiums (written or earned, depending on the contract) to which the reinsurance premium rate is applied to produce the reinsurance premium in non-proportional contracts. The term is also called subject premium, premium base or underlying premium.
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An insurance company’s premium upon which the reinsurance premium is based.

Base value

The value of property at the inception of a valuation-linked insurance.
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In a valuation linked property insurance the value at the outset of a period of insurance is termed the base value.

Base-line

The given value, e.g. 18 degrees C (i.e. the reference temperature), from which a deviation is measured in a weather derivative. See COOLING DEGREE DAYS; HEATING DEGREE DAYS.

Basic state pension (BSP)

Flat rate state pension unrelated to earnings. It is unfunded; current taxpayers pay for the retirement income of an earlier generation. Membership is compulsory for all employed and self-employed with earnings above the lower earnings limit. Pension entitlement is built up through national insurance contributions. The state pension age for women is 60 (progressively increasing to 65 between 2010 and 2020) and 65 for men. BSP is increased annually for married couples and single persons in line with prices.

Basis

The price differential between a financial position held and the benchmark instrument used to hedge or price that position. The basis may reflect different time periods, product forms, qualities or locations. See BASIS RISK.

Basis clause

A clause at the foot of a proposal form making the proposal form and declaration the whole basis of the contract. It converts representations into warranties so that any inaccuracy in the form will entitle the insurer to avoid the contract regardless of materiality. The insured’s answers may be subject to his ‘best knowledge and belief.

Basis risk

The risk that actual losses exceed the payout as measured by the hedge instrument benchmarking the risk. For example, a weather derivative payout based on movements in an index recorded at London Heathrow may fall short because of adverse deviations occurring in the real location. Under indemnity contracts there is no basis risk as payments are based on actual losses.