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The Seventh Chapter: General Rules

Article (61): For the purpose of calculation of the retired salary, and to approve the appropriate age, it shall be approve with an official certificate from the births registrations and the civil birth registrar or a judicial resolution or any official statement was accepted and applied at the time and date of his/her employment. If it is not being available, the age shall be estimated by the authorized medical committee to define his/her age and considering the date of the aging identification card issued by the medical committee pointed to it, and to be subtracted from, the recorded years of age issued with, and considering the result, the date of the birth of the employee with the day, month and year. If the day and the month were unknown, the age shall be calculated from the first day of January from the resulted year.
Article (62): The retained benefits for the survivors and the dependant’s families which their cases were installed before issuing this law, shall be maintained even if they were more than what is quoted in this law.
Article (63): The survivors and the dependants families shall be granted (50%) from the increase value applied to the salaries voucher or the allowance of living expenditure increase for the employees and workers of the government agencies, public sector and the mixed sector, and the government public treasury and the employer shall transfer the amount of which being based as a result of this increase to the General Authority annually.
Article (64): All the employers included under the provisions of this law shall notice the Authority with the names of the employees which being expected to be transferred for the retirement with the entire official statements of their employment six months ahead from the date of transferring.
Article (65): The accumulated capital of money of the Fund and its channels of investments shall be administrated by supervision of board of directors to be headed by the Minister and consisting from the following members:
Minster of Finance.
Minster of Civil Service and Administration Reforms.
Minster of Industry.
Minster of Planning.
The central Bank Governor.
Chairman of the Authority.
and it is possible to amend this constituent by a Republic decree.
Article (66): The Board will be responsible to define the retained amount of currency to be available at the banks to meet the current commitments of the Fund and to approve the financed plan, the investment policy for his capital surplus, the estimated budget, final account and to approve the rules and regulations related to the fund affaires.
Article (67): It is not allowable to invest the capital of the Fund in speculation operations or in trading with the movable capitals except with stocks and bonds with exceptional of that, is to invest with aiming of achieving public guarantees.
Article (68): The capital of the Fund, fixed, moveable and all its investment operations whatever it was from all types of taxes and duties imposed by the government including customs duties and real estate taxes.
Article (69): All of salaries amounts should be exempted from taxes with retirement bonuses (Lump-Sum payments), compensations, the capital of loans and any other amounts of money it deserves in accordance with the provisions of this law to be under the laws of taxes and duties with all of their types.
Article (70): All investments of the Fund, official vouchers, pension cards, printed materials and all work related materials shall be exempted from any fee.
Article (71): The employers are considered responsible directly regarding their shares in insurance contributions and the deduction of contributions applied in this law from the insured party wage and to be transferred to the account of the Fund at the Central Bank of Yemen on the proper date of monthly wage payments or any other bank recommended by the Authority.
Article (72): The Central Bank and its branches are obliged not to deliver the monthly salary cheques for the benefited employers of the provisions of this law unless supplied with the enclosed insurance cheques of insurance contributions and the defined amounts in accordance with the provisions of this law.
Article (73): In case of transferring or re-appointment of one of the beneficiaries of the military retirement law applications or social insurance to another work applied under the provisions of this law or in reverse the Funds of pensions and salaries, military retirement and social pensions shall be obliged in transferring with each other of the insured party contribution with the contribution share of the employer in old age pensions, disability and survivors from the date of the application of law which he was applicable to it upto date of service leave and to install his pension contributions at the end of his employment service as if his service periods contributions were with one of the pension funds and the regulatory order shall define the rules of the transferred accumulated contributions of the insurance on old age, disability and survivors.
Article (74): The amounts on due for the Fund is considered according to this law preferred debts in the capitals of employers of independent entities and shall be paid completely before any other debts.
Article (75): It is applicable for the Authority to claim through the judicial court to put under the reservation of any of employer’s capitals of independent entities who is not obliged with payment of amounts on due for the Authority which is defined in accordance with the provisions of this law in addition to the legal expenses.
Article (76): The competent court shall give a notice for the Authority with the claims which were implemented due to the application of the provisions of this law, and to make resolutions for them within a short time in accordance with their rules, and in case, there is a contradiction between the rules or the judicial order with the provisions of this law, it shall be considered dismissible with the legality of law.
Article (77): The public treasury shall bear any losses being appeared in the resources of the insurance and pensions fund made him unable to fulfill his obligations and an actuarial expert shall check the financial position of the Fund, and a resolution for choosing the expert shall be issued from the Board of Directors of the Fund. The resolution shall define amount of payments to be paid for him in return of his work, and the first analysis shall be done after two years from the date of issuing this law, then the analysis shall be run out once each three years at least. This analysis shall examine the value of standing obligations and if it was discovered a shortage in the resources of fund and the reserved resources is not enough to settle it, the public treasury shall be obliged to pay it, and the actuary shall explain in this case the reasons of the loss and the safed merits to avoid it. If it was shown from the evaluation that there is a surplus of money more than what was specified for the investment programs of the Fund, this money resource shall be deposited in special account and it is not permissible to expend without an approval from the Board of Directories and for the following purposes:
1) To maintain the general reserved and special reserved for various purposes.
2) Salary increase in the light of price index and with certain percentage to be defined with a Republic decree in accordance with the Minister application.
Article (78): The administrative expenses for the Authority shall not exceed more than (10%) in total, from the total collected annual contributions and other income specified in accordance with the provision of this law.
 


Relative links in this section


The Third Chapter: The Financial Provisions for the Injured Person

The Sixth Chapter: The Eligible for Retirement Pensions and Indemnities

The Eighth Chapter: Penalties

The Ninth Chapter: Final Provisions

The First Part: The First Chapter

The Second Chapter: Sources of Fund Financing

The Third Chapter: Retirement, Disability and Survivor Insurance

The Second Part: The Application of the Retirement Pension

The Forth Chapter: Calculation of Retiree Salary and Lump-Sum

The Fifth Part: Health Care and Work-related Injuries - First Chapter: Work-related Injuries

The Second Chapter: Health Insurance

To honor the families of prominent martyrs and trade unionists of the General Authority for Social Insurance during the celebration of International Workers Day

29/5/2019

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The Social Insurance Authority Participates With the University of Akra In Cultural and Creative Activities to Strengthen Steadfastness In the Face of Aggression

25/4/2019

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In your Opinion, Have GASSP Services Improved Since Oct 2009

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