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Chapter three: Old-age, disability, and death insurance

Clause one

Finance

Article no. 22

Old-age, disability, and death insurance shall be financed by :-

1- the hiring agency share that is 6% out of the monthly basic wages.
2- the insured's share that is 6% out of the monthly basic wage.
3- amount paid by the public treasury for earlier service periods for State's employees according to earlier social insurance and retirement laws.
4- amounts paid by the public and private sectors or the mixed sector for their employees according to laws placed into effect before issuance of this law.
5-amount paid by insureds for earlier actual or deemed service periods.
6-revenues of proceeds.


clause two

Pension eligibility

Article no. 23
Pension is due in the following :-

1-if service ends due to being 60 years old or if the actual service period is 15 years for men, and being 55 years old with 10 years of actual service period for women.
2- if actual service period is 35 complete years.
3- if actual service period is 25 and dismissed by disciplinary resolution or judicial resolution.
4- if actual service period is 30 years for men and 25 years for women, whatever age is.
5- if actual service period is 25 years and being 50 years old for men, and women if actual service period is 20 years and being 45 years old.
6- if judged and evaluated to be invalid by the designated Medical Committee notwithstanding to the actual service period in the following cases:-
a- if injured during work caused occupational disease resulting in a total permanent disability.
b- if injured and injury is not an injury-during-work or an occupational disease caused total permanent disability. Old-age diseases are deemed to be a factor of gaining pension eligibility.
c- if insured dies, whichever either reason or service period is.

Pension calculation

Article no. 24
Pension shall be calculated as a part out of 424 parts of the basic wage which contributions were made for at the date of service end of each month of actual service.

Article no. 25
Maximum pension limit is 100% of the last basic wage disbursed at service end in either of the two cases:-
1- if insured completed 25 years of actual service period.
2- in cases of death of the insured or injured caused permanent disability, and death or disability was caused by that injury during work or an occupational disease based on the designated Medical Committee.

Article no. 26
If service period ends due to natural death, or total work disability aside from injuries-during- work , pension shall be calculated on service period basis provided not to be less than 50% out of the basic wage used for pension calculation purposes or the minimum limit, whichever is greater.

Article no. 27
Pension shall not be less than the minimum limit in all cases of pension eligibility.

Article no. 28
For any increase of basic wages for insureds subject to law and this bylaw based on this law or any other resolutions regarding pensions for pensioners and survivor(s), half of increase rate shall be granted according to post occupied before retirement at the date of service end, and the Public Treasury shall bear cost of such increase and remit it to the Fund at time due up to year end and the Ministry of Finance shall accredit such increase and send it to the Fund annually.

Article no 29
To define insured age, official document of birth shall be accredited and data available in service file or the hiring agency's records , birth definition certificate issued by the designated Medical Committee or personal ID. If age definition is not made by the above, designated Medical Committee shall make so and this definition shall be made final and ID of age definition issued by the Committee shall be accredited, and if the month and the day of birth is not definite, it shall be deemed to be the first month of the year (January).

Article no. 30
Pension shall not be suspended unless by a judiciary verdict in the following cases:-
1-to repay livelihood and the GASSP received a notice of so, and the GASSP shall disburse pension monthly to verdict gainer up to termination of period stated in the verdict.
2- in case of repayment of debts for the GASSP or government provided confiscation percentage shall not exceed 20% out of the total wage, and in case of coincidence of the two, the debt of the GASSP shall be given priority of repayment. In case livelihood expenses exceeds the percentage of 20%, livelihood shall be prioritize

Clause three

Compensations

Article no. 31
when the insured dies, the employer shall have to pay two monthly wages to cover funeral expenses after presenting documents issued by the Civilian Record or any other official stamped document assures mortality of an insured employee.

Article no 32

If the pensioner dies, the GASSP shall pay two monthly wages to survivors to cover funeral expenses paid instantly if survivor(s) or family's surrogate presents death certificate issued by the Civilian Record or any other official stamped document.

Clause four

Service-end award

Article no. 33

If insured is not eligible or does not satisfy requirements for the period served, the insured shall be awarded , in accordance with this law, service- end award of 90% of the due basic monthly salary at the end of service for every month of all actual months of service where it shall no be less than 12 months.

Article no. 34
Service – end award be disbursed according to the following conditions:

a- if insured was employed at an agency not subject to any effective law of social security, in such case service- end award be disbursed only after two years.

b- if the insured's age reached the retirement age but period served is less than the minimum age for pension eligibility.

c- service termination due to post cancellation or due to disciplinary dismiss or due to any other reason, and the actual period served is not qualifying for pension eligibility.
d- if the insured is sentenced to 5 years or more of imprisonment , is 60 years old, whichever is lower.

e- if pensioner becomes completely disable and service- end award was not disbursed.

f- if insured immigrates abroad provided that documents confirm residency abroad are presented and deemed convincing by the GASSP.

g- for periods spent to nurture children, or a spouse ,or to accompany a spouse abroad , service- end award be disbursed in such cases after 2 years as of the acceptance of resignation , and the GASSP may request any document necessary to evidence any case of the above.


Article no. 35

The due service- end award shall be disbursed as a lump sum for the insured ,or be divided proportionally among survivors if insured dies.

Clause five

Eligible beneficiaries for social security benefits

Article no. 36

If insured or the pension dies, dependents are eligible for pension in light of the provisions of this bylaw, and pension shall be proportionally divided among dependents, in case of suspension of pension of one of them for any reason set forth in Article no. 40 , the this proportion shall be equally divided among the rest of dependents.

Article no. 37

Eligible beneficiaries for pension are:

1- spouse
2- children, females or males.
3- mother and father.
4- Brothers and sisters

All the above are eligible for pension of the deceased pension in accordance with Article no. 40 of this bylaw provided that the above are the dependents of the deceased pensioner.

Article no. 38

If insured or pensioner dies with pregnant wife(s), pension is to be divided after giving birth according to provisions of Article no. 73 provided that child delivered is alive with evidence document , and the child delivered shall be eligible for pension proportion as of one month of the birth date.

Article no. 39

If the insured or pensioner is being absent from place of residency and does not receive pension for period less than a year without having the GASSP or any of its branches in governorate noticed, then pension is to be remitted to the Fund, and pension is to be disbursed only if pensioner requests in writing before the passage of one year.

Clause six
Suspension of pension for ineligible survivors


Pension shall be suspended in the following cases:
1- for eligible males
- death
- if being 18 years old and not studying.
- if being 12 years old and studying in high school.
- if being 26 years old and studying at university.
- if working and earning fixed income with an exception of being unsuitable for work , and the decision of such is issued by the designated Medical Committee.
2- for eligible females:-
- death.
- marriage.
- working from which earning fixed income. For females, it is termed that she is still married with the deceased insured before the decay, and if divorced before the death of the insured or the pensioner and she is during the period of possible re- unity ( Islamic regulation) , then the wife shall be eligible for proportion of pension.
- if the eligible females becomes a widow, pension suspension be cancelled if not being eligible for a proportion of the deceased husband.
- in case of divorce, suspension revoked and proportion pension be instantly disbursed right after the period of possible re-unity. Generally subject to provisions of article no. (37).

Article no. 41
If the female eligible for pension married, the GASSP shall disburses a lump sum of one year proportion pension , and after one year, her proportion of pension shall be equally divided among remaining survivors.

Article no. 42
No duplication of salaries according to provisions of this bylaw, and if survivors are eligible for than one salary, the greater shall be paid.
Except survivors eligible for pensions of their parents inclusive in provisions of Social Security Law or corresponding laws.

Article no. 43
Surrogate of pensioner or survivor(s) shall notify the GASSP of fact(s) leading to ineligibility of pension specially the following:-
1- pension mortality or survivor(s).
2- the marriage of an eligible female.
3- if survivor(s) work(s) and earn(s) income.
4- being eligible for another salary disbursed by any other Fund or Employer.
And the legal surrogate shall be accountable to return unlawful pensions disbursed besides taking all legal measures according to effective law placed into effect.

Article no. 44
The legal surrogate shall forwards in his name an annual acknowledgement outset of December every year in the official approved form in which he confirms survivor(s) eligibility for pension and oath to report fact(s) resulting in ineligibility for pension. In case acknowledgement is not presented, the GASSP suspends pension disbursement and may request documents confirming the receipt of pension if deemed necessary.

Article no. 45
Survivor(s) of insured parents are eligible for their service- end award proportion if insured parent's service period terminates and dies before being fully qualified for full pension in accordance to provisions of this bylaw and remain eligible for the monthly paid pension in general.

Article no. 46
Social benefits shall be suspended, according to provisions of this bylaw, if insured or pensioner is permanently judged ineligible for social security benefits. If insured or pensioner has made at least two years of actual service, pension be disbursed to survivors with the assumption of having the insured or pensioner deceased during imprisonment term , and if actual service period is less than 20 years, service- end award be disbursed proportionally among survivors.

Article no. 47
Social security benefits of an insured or pensioner shall be suspended in any of the following :-
1- if joined the military service of any other state without prior notice to the government of Yemen.
2- if penalized for espionage for foreign country.


Clause seven

Disputes and re-entitlement of pension

Article no. 48

The GASSP , or insured ,or survivor(s) has no right to disputes over pension, awards ,or compensation, or any other financial dues according to provisions of this bylaw after three years as of the date disbursement terminatelly except re-settled cases for pension due to mistake or inattentiveness:-

1- if settlement is based on wrongful data presented by the insured or employer, re-settlement procedures of pension be made, and difference of previously disbursed pension is to be monthly deducted with rate of 1/5 until amount unlawfully disbursed returns.

2- if date is correct and mal-settlement resulted as miscalculation, verification be made and insured shall not be requested to reimburse. In case prior settlement is less than the legal amount,, difference be paid.

Article no. 49

All social security benefits either pension, award, or compensation be suspended after five years of creation of such right according to provisions of this bylaw, or starting as of the date of last disbursement received form the GASSP, and such rights be returned to the Fund with consideration to provisions of article no. 39. period set out hereinabove suspends if any of the eligible forwards a request in writing during the period mentioned above, and the request of any of these benefits is considered inclusive to other benefits.
 


Relative links in this section


Chapter one: General provisions - Clause one

Chapter two: Implementation scope

Chapter three: Actual service period calculation

Chapter four: Insurance scope

Chapter two: Social insurance contributions and revenues

chapter four: Replacement regulation and rules for the insured or eligible pensioner

chapter five

Chapter six: Documents

Chapter seven: general and transitive provisions

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In your Opinion, Have GASSP Services Improved Since Oct 2009

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  • Somehow : 37 %