Legislation Details
- Full Title: Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security
- Law Type: Federal Law
- Law Number: [no number] of [no year]
- Issued Date: 29 May 2013
- Effective Date: 30 Jun 2013
- Official Gazette: No. 551
- Sector: Family and Community
- Status: Active
- Number of Articles: 80
- Chapters/Parts: 0
- Amendments: 0
Summary
This Ministerial Resolution provides the executive regulations for the Federal Law on Pensions and Social Security. It establishes the rules and procedures for registering employers and insured individuals with the General Pensions and Social Security Authority (GPSSA), calculating and collecting contributions, determining pension eligibility and amounts, and other administrative matters related to the UAE's pension and social security system. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013) The resolution is important for businesses and individuals in the UAE, as it outlines the specific requirements and obligations regarding pension contributions and benefits. Employers must properly register and make timely contributions, while employees need to understand their rights and entitlements under the pension scheme. Proper compliance with this legislation is crucial for avoiding penalties and ensuring workers receive the social security protections they are entitled to. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013)
What is the scope and purpose of this law?
The scope of this Ministerial Resolution is to provide the executive regulations for implementing the Federal Law on Pensions and Social Security. It applies to all civil national employees working in both the public and private sectors in the UAE. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 2) The purpose of the resolution is to establish the rules and procedures governing the registration of employers and insured individuals with the GPSSA, the calculation and collection of pension contributions, the eligibility and calculation of pensions and other benefits, and various other administrative matters related to the UAE's pension and social security system. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013)
What are the key definitions under this law?
The resolution provides the following key definitions:
- State: The United Arab Emirates
- Government: The United Arab Emirates Government
- GPSSA: The General Pensions and Social Security Authority
- Minister: The Minister of Finance
- Board of Directors: The GPSSA Board of Directors
- Chairman: The Chairman of the GPSSA Board of Directors
- Director General: The Director General of the GPSSA
- Law: Federal Law No. (7) of 1999 Concerning Pensions and Social Security
- Citizen: Whoever holds the State's nationality
- Employer: Public sector and private sector entities that employ national labor
- Insured: Any national person to whom the provisions of the Law are applicable
- Contribution Period: The service period for which the Insured is entitled to a pension or gratuity
- Period of Service: Each period spent by the Insured at work and subject to the pensions scheme
- Pensioner: Any person whose service has ended and is entitled to a pension
- Retirement Age: 60 years of age
- Pension: The monthly amount paid by GPSSA to the Pensioner or its survivors
- Survivor: Every person entitled to a share in the Pension after the death of the Insured or Pensioner
- Work Injury: Injuries or occupational diseases sustained during or because of work
- Total Disability: Disabilities that totally or permanently preclude the Insured from practicing any occupation
- Natural Death: Death that does not constitute a work injury
- Competent Medical Committee: The Medical Committee established by the Minister of Health
- Service Credit: Periods not actually served that the Insured may purchase to increase their pension
(Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this resolution include: 1. Employers in both the public and private sectors must register with the GPSSA and maintain a special record for payment of contributions and settlement of dues. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 3) 2. Each insured individual must be given an unchangeable insurance number by the GPSSA, which both the employer and insured must use in all communications. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 4) 3. Employers must create a special "Pension and Social Security Authority File" containing registration and salary documents, and submit copies to the GPSSA. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 5) 4. Employers must create an "Insured File" for each employee containing various employment documents. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 6) 5. Contributions must be calculated based on the insured's salary components, with different rules for the public and private sectors. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Arts. 7-9) 6. Rules are provided for calculating and paying contributions when an insured is transferred, seconded, or on leave. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 10)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements beyond the employer and insured registration procedures outlined in Articles 3-6.
What rights and protections does this law provide?
The resolution does not explicitly outline any specific rights or protections provided to individuals under this law. The focus is primarily on the administrative procedures and requirements related to the pension and social security system.
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement and administration under this resolution are: - The General Pensions and Social Security Authority (GPSSA): Responsible for overall administration of the pension and social security system, including registration, contribution collection, and pension payments. - The Minister of Finance: Responsible for issuing decisions to modify contribution thresholds and other financial aspects. - The Board of Directors of the GPSSA: Responsible for setting policies, procedures, and requirements for the GPSSA. - The Chairman of the GPSSA Board of Directors - The Director General of the GPSSA (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 1)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Ministerial Resolution.
What fees, charges, or financial provisions are specified?
The key financial provisions in this resolution include: 1. The minimum contribution account salary for private sector employees is AED 1,000 per month, and the maximum is AED 50,000 per month. The Minister may modify these thresholds with approval from the Board of Directors. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 9) 2. Contribution calculations are based on the insured's salary in January of each year, with no adjustments for mid-year salary changes. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 9) 3. Insured individuals on special leave without pay must pay both their own and the employer's contribution shares, either in a lump sum or in installments with the Director General's approval. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 10)
What exemptions or exceptions apply?
The legislation does not specify any exemptions or exceptions to the requirements outlined in this Ministerial Resolution.
How are disputes resolved under this law?
The resolution does not provide any details on dispute resolution mechanisms or procedures.
What are the key deadlines and time limits?
The key deadlines and time limits specified in the resolution include: 1. Employers must register with the GPSSA and create the required files within 1 month. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Arts. 5-6) 2. Insured individuals on special leave must pay their contribution shares within 1 year of the leave ending, or in installments over the leave period with the Director General's approval. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013, Art. 10)
How does this law interact with other UAE legislation?
This Ministerial Resolution is issued to provide the executive regulations for implementing the Federal Law No. (7) of 1999 Concerning Pensions and Social Security. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013) The resolution also references the following related legislation: - The Constitution of the UAE - Federal Law No. (1) of 1972 Concerning the Competences of Ministries and Capacities of Ministers, and its amendments - Federal Law No. (8) of 1980 Regulating Labor Relations, as amended (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013)
When did this law come into effect?
This Ministerial Resolution came into effect on 30 June 2013, the date it was published in the Official Gazette No. 551. (Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security, 2013)
Source Documents
This article analyses Ministerial Resolution Concerning the Executive Regulation of the Federal Law on Pensions and Social Security for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.