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CHAPTER THREE: PAYMENT OF OLD - AGE, DISABILITY AND DEATH PENSIONS - Article 18

Last updated 09/23/2021 13:52 PM
Should a judgment be issued to consider the insured missing, a temporary monthly pension equal to the due pension thereto in the event of his death while in service shall be paid to the beneficiaries thereof. Should it be proven thereafter that the missing person is alive, the payment of the said pension to the beneficiaries thereof shall cease, and his situation shall be settled in light of the outcomes of the judicial investigations. Should the situation thereof be proven unsound, the Committee shall be entitled to request the retrieval of the sums already paid thereto. However, should the situation thereof be proven sound, a clearance shall be made between the entitlements thereof and the sums paid to the beneficiaries thereof. Should the entitlements thereof exceed the sums paid to the beneficiaries, the balance shall be paid thereto.

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CHAPTER THREE: PAYMENT OF OLD - AGE, DISABILITY AND DEATH PENSIONS - Article 17: As amended by Federal Law no.7 dated 15/2/2007

Last updated 09/23/2021 13:48 PM
The insured may request the purchase of an assumed service period to be included in the actual service period under the following conditions:

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.

In the event of the death of the insured, the collection of installments shall carry on from the pensions of the beneficiaries thereof.

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CHAPTER THREE: PAYMENT OF OLD - AGE, DISABILITY AND DEATH PENSIONS - Article 16: As amended by Federal Law no.7 dated 15/2/2007

Last updated 09/23/2021 13:44 PM

The pension shall be paid in the following cases:

 

1 - The termination of the service of the insured by reason of death or total disability. Such disability shall be recorded with the knowledge of the medical committee.

 

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 at least.

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 years.

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 with regards to situations set forth in clauses (1, 2, 3, 4, 5, 6, 10) on the basis of the subscription period of fifteen years, or the actual subscription period, whichever is longer. Three assumed years, or any number of years needed to complete sixty, whichever is shorter, shall be added to the subscription period calculated in the insurance in case of the termination of the service by reason of death or complete disability.

 

The pension shall be calculated in the remaining cases on the basis of the actual subscription period of twenty years at least.

In the event of the return of the pensioner suspended from work due to unfitness or health disability, the pension allocated thereto for such reason shall be cancelled, and the remaining provisions of the Law shall apply thereto.

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CHAPTER TWO: RULES OF CALCULATION OF CONTRIBUTIONS - Article 15

Last updated 10/08/2024 17:40 PM

The employer in the private sector not having deducted the subscriptions of all or some of the workers thereof, or not having paid the subscriptions based on the real salaries, shall be enjoined to pay an additional sum amounting to 10 % of the value of the due subscriptions and such without any prior warning or notification.

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CHAPTER TWO: RULES OF CALCULATION OF CONTRIBUTIONS - Article 14

Last updated 10/08/2024 17:39 PM

The employer shall undertake the delivery of his share as well as the share of the insured in the due subscriptions to the Committee. In the event of a delay in the payment thereof, an additional sum amounting to 0.1 % of the due subscriptions shall be imposed thereon for every day of delay, and such without a need for a warning or notification.

The cases and conditions of exemption from such additional sum shall be determined by virtue of a decision issued by the Board of Directors.

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CHAPTER TWO: RULES OF CALCULATION OF CONTRIBUTIONS - Article 13

Last updated 10/08/2024 17:38 PM

Subscriptions shall be payable as of the first day of the month that follows the month for which such subscriptions are due. Such delay may be extended till the fifteenth of the said month.

Such subscriptions shall not be returnable.

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CHAPTER TWO: RULES OF CALCULATION OF CONTRIBUTIONS - Article 12

Last updated 10/08/2024 17:36 PM

The employer in the private sector must register the workers therefor, subject to the provisions of the present Law, before the Committee and such within one month at most from the date of their entry into service. The employer must provide the Committee with a statement of the names of the workers therefor whose service is terminated within one month at most from the date of the termination of such service.

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CHAPTER TWO: RULES OF CALCULATION OF SUBSCRIPTIONS - Article 11

Last updated 10/08/2024 17:24 PM

1 - The employer in the private sector must submit to the Committee in January of every year all data regarding the salaries of the workers therefor for the said month as well as their monthly contributions. Furthermore, he must provide the Committee on a monthly basis with any changes occurring with regards to the number of workers therefor or their salaries, and such on forms set by the Committee. Such data must be in conformity with the books and records held by the employer in accordance with the Labor Law.

2 - Should the employer not submit the data set forth in the preceding paragraph within the determined terms, conditions and dates, the payable contributions shall be calculated based on the last statement submitted to the Committee and such until the calculation of the effectively payable contributions.

3 - Should the data not be submitted, should they not be in line with the actual situation, or should there not be any records and documents that must be kept by the employer in accordance with the provisions of the present Law, the calculation of the due contributions shall be made by virtue of a decision issued by the Committee in accordance with the outcomes of the investigations thereof.

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CHAPTER TWO: RULES OF CALCULATION OF SUBSCRIPTIONS - Article 10

Last updated 10/08/2024 17:13 PM

a - contributions paid by the employer in the private sector and contributions deducted from the salaries of the insured working therefor shall be calculated within a Gregorian year on the basis of the salaries paid thereto on January of every year.

b - The contributions of workers undertaking services in the private sector after January shall be calculated based on the salary of the month during which they have undertook the service, and such until the following January, after which they are treated based on the provisions of the preceding paragraph. contributions shall be calculated in full for the month in which the service starts, and shall not be due for the part of month in which the service is terminated.

c - contributions paid by the employer in the Governmental Sector, and contributions deducted from the salaries of the insured shall be calculated based on the monthly salary.

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CHAPTER TWO: RULES OF CALCULATION OF SUBSCRIPTIONS - Article 9

Last updated 10/08/2024 17:08 PM

contributions shall be due for the following periods and such in accordance with the rules and provisions set for each thereof:

1 - Periods of external secondment without pay, or periods of special leaves: the insured shall bear his share in the contributions 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 contributions 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 contribution, 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.

5 - Periods of sick leaves: the insured shall pay his share based on the actual salary paid thereto, whereas the employer pays his share based on the entire salary, regardless of whether the leave was with or without pay.

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