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Chapter seven: general and transitive provisions

Article no. 90
The GASSP shall make a retirement file for each insured employee incorporating the following document :-

1- birth certificate, age- defining registration certificate, or date of birth mentioned at employees' record at the hiring agency.

2- a copy of the ID card accredited by the hiring agency provided not scratched or amended.

3- Official employment document issued by the Ministry of Civil Service or any other official documents issued by the hiring agency and approved by the GASSP.

4- Employment commencement acknowledgement.

5- Earlier employment period, if available, indicating whether contributions are made or not.

6- Dully filled form of pension settlement.

7- Marital status acknowledgement stating independents females or males, single or married.

8- Any marital, employment, health, changes document shall be added to file as received.

Article no. 91

A copy of all documents in the retirement file at the hiring agency shall be sent to GASSP, and the hiring party remains committed to send newly added documents to the file of retirement.

Article no.92
The hiring agency shall make sub- department in the Department of Employees Affaires assigned specifically to social insurance and pensions and undertakes the following:-

1- implementation of this law and bylaw.
2- Reservation of retirement file.
3- Numerate employees referred to retirement by any of the two retirement eligibility limits before six months of retirement date.
4- Duly transmit retirement file to the GASSP or its branches after attachment completed documents mentioned hereinabove.
5- Following up contributions collections, monthly deduction , any other financial dues besides amounts remittance documents to the Central Bank , or AL-AHLI Bank ,or their affiliated branches.
6- Instructions implementation monitoring in light of this law bylaw.

Article no. 93

According to article no. 9 provisions, the following be considered:-

1- for insured employees eligible for retirement before the issuance of this law and pension settlement is not made , settlement procedures shall be the following:-

a- basic wage due at service end or mortality (death) shall be used for pension calculation purposes.

b- Payments of due contributions for the added period(s).

c- Pension settlement and disbursement shall be in accordance with provisions of article no. 33 of this law.

Article no.94
For full- pensions eligible , pension settlement shall be based on basic due wage at the issuance date of this law.

Article no. 95
Insured with service over requirement period (30) years , at the date of issuance of this law, shall be referred to retirement , pension settlement shall be based on basic due wage at the date of issuance of this law and excessive period shall not be disbursed.

Article no. 96
GASSP 's delegates shall have the authority to inspect application , implementation of this law at the official work time, and to disclose documents, file, registrations books, contributions monthly deductions, or any other financial dues at time specified, and to edit minutes issuance of violation of any provisions of this Act.

Article no. 97
The GASSP shall reserve insured's record and necessary data incorporating employment document date, wage paid, birth date, health, employment, social changes inclusive to changes of independents, relatives status , marital status, age, or any other changes ,or any other required data by the provisions of this Act, and the GASSP shall inform the hiring agency about the insurance number of each insured of that agency by which process shall be made by it.

2- the GASSP shall make records of insured employees subject to provisions of this law including necessary data of benefits disbursement, periods, disbursement time, pension suspension, or re-entitlement of pension grounded on field social tests.

3- the GASSP shall make all instructions and regulations in respect to implementation of this Act, and makes all necessary update of amendment needed to meet implementation requirements and development.

Article no. 98
The hiring party commits to submit detailed periodical data total or any other financial dues that must be remitted to the Fund according to provisions of this law indicating cheques number and amount , not to restore to breach financial dues that shall have to be remitted to the Fund, attachments of payrolls copies for the same period of time to review deductions and contributions remittance. The final check and correspondence shall be performed at the last quarter of each financial year.
In case incompatibleness of contributions remitted to the Central Bank of Yemen, the concerned agency shall have to pay the difference and a fine of 30% out of the un-remitted financial dues for each month until year end.

Article no. 99
If insured is missed, the hiring agency shall maintain disbursement of basic wage until appearance or confirms mortality (death). In the later case, the hiring agency shall pay basic wage to survivors, and pension settlement, by the GASSP, shall be based on the confirmed date of mortality death, or a judicial verdict of being so. The date of issuance of such verdict is deemed as the date of service – end.

Article no. 100
The Ministry of Civil Service shall undertake procedures of pension settlement including date of promotion to higher post(s) or basic wage increase in respect to effective Acts, including definition of due contributions during the period of eligibility for promotion and issuance date of such promotion with percentage of 12% out of due basic wage difference. The Public Treasury shall make the payment of contributions provided a copy of resolution of promotion and Ministry of Finance Notice enclosed to retirement file as read by article no. 85

Article no.101
reserves of revenues (contributions) be exchange among retirement Funds of the GASSP, Military, and Police if insured, subject to social insurance law or police and military retirement law, is newly employed by any of these agencies. Earlier service period(s) be added conditioned by the following:-

1- total due contributions reserves of old- age, disability, and mortality (death) be exchanged among Funds of the GASSP, Military, and Police, and be remitted to the other Fund where contributions shall not be less than the legislatively stated amount.

2- Earlier service period shall have to be fixed with existence of employees, or workers, and a hiring agency subject and inclusive to provisions of this Act placed into effect, and service- end report has not been disbursed for such period.

3- employment details of the insured approved by the hiring agency enclosed with the application be referred to the GASSP incorporating gradual wage increase through service period for contributions calculation purposes, if not acquired, contributions shall be based on the basic wage of the employees group whom insured has been working with, and contributions be remitted to the Fund.

4- for public sector or mixed sector, contributions of an insured be remitted to the receiver Fund.

5- for transferee employees among state's administrative apparatuses , contributions be exchanged among retirement Funds in accordance with provisions of clause three .

6- for employees hired by the private sector before 1/5/1980m date of issuance of this Act, the GASSP shall be committed to remit contributions as long as service period before the date mentioned have been incorporated as due contributions committed by the government to its employees at the date of issuance of this law unless insured employee of the private sector pays due contributions according to provisions of this Act.

7- earlier service period shall be defined by contributions made and remitted by a Fund , and insured may pay difference , if exists.

8- special records shall be made among Funds of the GASSP, Military, and Police.

Article no. 102
With taking into consideration article no. 91, the hiring agency shall send all required documents to settle pension benefits and the hiring agency shall continue disbursement of basic wage to pensioner or survivor(s) from the budget of the hiring agency until the GASSP settles pension, and no contributions deductions on the amount paid according to provisions of this law . the GASSP shall disburse pension the month following pension instatement (settlement), and notify the hiring agency to define payments disbursed to pensioner during that period.

Article no. 103

Data documents to settle pension shall be examined to assure authenticity of documents enclosed in the file of Ministry of Civil Service, or official record, or document issued at the same date by which the GASSP shall accredit. No document based on personal testimonies shall be considered despite or whosoever the source.

Article no. 104
The Minister issues , based on the GASSP's chairman suggestion, a decree in relation to records registrations books needed to be archived at the hiring agency, also issues resolutions , periodical reports required for the implementation of this Act.

Article no. 105
This bylaws hereby be and be placed into effect as of the date of issuance , and be published on the official newspaper.


Issued at the Republic Presidency – Sana'a, on the date 2th September, 1992.

 

Haider ABU BAKER AL-ATAS General/Ali Abdullah SALAH

Prime Minster Presidency Council President
 


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 three: Old-age, disability, and death insurance

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

chapter five

Chapter six: Documents

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