a) In the Governmental Sector:
Occupational Illness: The illness sustained in an extensive manner by the persons
working in one or more occupations only and such as per the list no. 1 annexed to
the said Federal Law no. 8 of 1980 The extent of disability caused by the occupational
illness shall be assessed with the knowledge of the pertinent medical committee.
The illness shall be deemed occupational should the insured contract same during
the practice of the profession or within one year from his departure from the work.
Salary of Pension Calculation:
a - In the Governmental Sector: The average of the salary of subscription calculation
for the last three years of the period of the subscription in the social security,
or for the entire period should it be less than three year.
b - For the Prime Minister, the Deputy Prime Minister, the Minister and other similar
persons: the salary of subscription calculation.
c - For the President of the Federal National Council: the salary of subscription
calculation with regards to the Minister, and for the members of the Federal National
Council, the membership allowance.
1 - Monthly subscriptions born by the insured, amounting to 5 % and deducted from
the salary of subscription calculation.
2 - Monthly subscriptions paid by the employer, amounting to 15 % from the salary
of subscription calculation of the insured working therefore. As for the employer
in the private sector, the Government bears 2,5 % of his share in subscriptions
paid to the Committee as a subvention to encourage him to employ nationals.
Shall not be calculated in the insurance the following periods:
1 - The period of cessation of work without pay, or the suspension from work where
it is decided to deprive the insured of his pay therefore.
2 - The previous periods where the insured was deprived of his pay, or the allocation
therefor by virtue of a disciplinary decision or a judicial ruling.
1 - The previous service period in the Governmental Sector.
2 - The previous service period in the special departments applying the pension
3 - The military service period.
4 - The previous service period before any employer subject to the provisions hereof.
5 - The service period referred to in the paragraphs 1, 2, 3 and 4 prior to the
obtainment of the State nationality.
6 - The previous service period in the Development Council or the Kuwait Office.
1 - The insured must express his desire in writing to include such periods prior
to the termination of the service thereof, provided that he encloses with his request
the necessary certificates and documents.
2 - The previous service durations required to be included must not have ended due
to reasons of total deprivation of the pension or the allocation.
3 - The periods required to be included must not be temporary, daily or one of the
probation periods that precede the appointment.
4 - The insured shall pay his share as well as the share of the employer for the
period required to be included in the calculation of the salary of subscription
calculation all at once at the date of the request of inclusion. The sums may be
paid in monthly installments amounting to one quarter of the salary at least. The
duration of the installments shall not exceed the age of sixty of the insured. In
all cases, the entire expenses of inclusion shall be paid prior to the termination
of the service. The obligation of payment of installments shall abate should the
service of the insured end in death and the value of the paid installment reach
50 % of the total sum due thereby. Should the value of the sums paid thereby be
less than 50 %, the remainder shall be deducted from the pensions of the beneficiaries
1 - Periods of external secondment without pay, or periods of special leaves: the
insured shall bear his share in the subscriptions as well as the shares of the employer,
and shall pay them to the Committee all at once within a year from the date of the
termination of the secondment or the leave. He may pay them in installments for
a period equal to the leave or secondment period with the agreement of the Director
General of the Committee.
2 - Special leaves for accompanying the spouse: a - Should the special leave
be for accompanying a Diplomat, the Governmental Sector shall bear the share thereof
as well as the share of the insured. b - Should the special leave be for accompanying
the delegate in a study leave, the Governmental Sector shall bear the share thereof
as well as the share of the insured. c - Should the special leave be for accompanying
the insured in the private sector, the insured shall bear his share as well as the
share of the employer. The insured shall pay the due sums all at once to the Committee
within one year from the date of the termination of the leave. He may pay them in
installments for a period equal to the leave period.
3 - Periods of study leaves without pay: The employer in the Governmental Sector
shall pay his share in the subscriptions to be paid periodically. The insured shall
pay his share and pay it as referred to in Clause (1). As for the private sector,
the insured shall bear both shares in this context.
4 - Internal secondment periods: The party to whom the employee is seconded shall
bear the share of the employer in the subscription, should it bear the pay of the
employer, while the insured shall pay his share to the Committee in a periodical
manner based on the salary of the insured at the seconding party.
2 - Should the employer not submit the data set forth in the preceding paragraph
within the determined terms, conditions and dates, the payable subscriptions shall
be calculated based on the last statement submitted to the Committee and such until
the calculation of the effectively payable subscriptions.
2 - The termination of the service of the insured in the Governmental Sector by
reason of unfitness for service. Such shall be recorded with the knowledge of the
medical committee .
3 - The termination of the service of the insured in the private sector for health
reasons endangering his life should he pursue his work, on condition that the decision
of the medical committee precedes the date of the termination of the service.
4 - The termination of the service of the insured by reason of the winding up, bankruptcy
or liquidation of the company, should he be subscribed in such insurance for a period
of fifteen years at least.
5 - The termination of the service of the insured for reaching the retirement age,
and such whenever the period of subscription thereof in such insurance reaches fifteen
years at least.
6 - The termination of the service of the insured by reason of dismissal, removal
or retirement thereof by virtue of a disciplinary decision or a judicial ruling,
whenever the period of subscription thereof in such insurance reaches fifteen years
7 - The termination of the service of the insured by reason of resignation, whenever
the period of subscription thereof in the insurance reaches twenty years, and he
reaches fifty five years at least.
8 - The termination of the service of the insured female who is married, divorced
or widowed, by reason of resignation, should she have children under eighteen years
of age whenever the period of subscription thereof in the insurance reaches twenty
9 - The termination of the service of the insured female by reason of resignation
whenever the period of subscription thereof in the insurance reaches twenty years
and she reaches fifty years or more.
10 - The termination of the service of the insured by virtue of a Federal decree
or a local decree, provided that the treasury of the pertinent Emirate bears the
actual expenses incurred therefrom. The President shall issue a decision with regards
to the method of calculation of such expenses.
11 - The termination of the service of the insured for reasons other than the ones
set forth in the preceding clauses, whenever the period of subscription thereof
in the insurance reaches twenty years at least.
In all cases, the pension shall not be paid to the insured whose services are terminated
by reason of resignation unless they have reached fifty years of age, provided that
such condition apply to the persons who have reached forty upon the date of implementation
of the present Law. The age shall be increased year by year until it reaches fifty.
The pension shall be calculated in the remaining cases on the basis of the actual
subscription period of twenty years at least.
The insured must express in writing his desire to purchase such period prior to
the termination of his service.
The insured must have spent twenty years in service at least.
The period to be purchased must not exceed five years for the male insured, and
ten years for the female insured.
In all cases, the insured shall bear his share as well as the share of the employer
for the period to be purchased, and such in accordance with the salary of subscription
calculation at the date of the request of purchase, provided that the payment is
made all at once or in installments, and that the period of installments does not
exceed the reach by the insured of the age of sixty. In all cases, the expenses
of purchase must be paid in full prior to the end of the service.
- 800 Dirhams for the widow or the benefiting husband.
- 600 Dirhams for each of the parents.
- 400 Dirhams for each of the remaining beneficiaries.
Should the father of the children die after having collected the pension for his
father, the share of their father in the pension shall be transferred thereto.
1 - Should he be incapable of making a living and until the remedy of his disability.
Such disability shall be proven by virtue of a report from the competent medical
committee, provided that the condition is reexamined every two years, unless the
competent medical committee decides the improbability of his remedy.
1 - Cases of combination between two pensions or between a pension and a salary
prior to the enforcement of the provisions hereof.
2 - If the sum of the two pensions or of the pension and the salary paid to the
pensioner does not exceed 9.000 Dirhams, otherwise, should the sum exceed the said
amount, his right shall be limited to the sum not exceeding such amount.
3 - If the pensioner had spent in the Governmental work for which he is entitled
to a pension twenty five years or more, he may combine between such pension and
any salary paid thereto from any party in the State in a periodical manner, regardless
of their combined value, with the exception of the cases set forth in Clauses (6
and 11) of Article 16 herein, where the provision of Clause (2) of the present Article
2 - In the event of the inexistence of other beneficiaries, the unpaid sums of the
children pension shall be transferred to the widow of the pensioner provided that
the share in such case does not exceed three quarters of the pension, and the entire
amount of the pension should there be several widows. Such sums shall be transferred
in equal shares among them.
A judgment may not be passed to deprive the pensioner of the pension in accordance
with the preceding paragraph unless for the actions carried out thereby prior to
the termination of the service thereof.
No deduction or attachment of the due sums may occur in application of the provisions
hereof against the pensioner or the beneficiaries thereof, unless for the payment
of a judicially ordered alimony, for the payment of the sums due to the Government
by the insured for reasons related to his job performance, or for the retrieval
of the sums paid thereto without any right.
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