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Chapter three: Actual service period calculation

Article no. 4
The following actual service periods shall be calculated on basis of:-

1- periods made contributions for according to the provisions of this Law.
2- service period before of issuance of this law which added to earlier service period as continuous service period according to provisions of this law.
3- the added earlier service period of insured employees and contributions were made.
4- earlier service period at an agency subject earlier to effective laws and the insured requests addition provided contributions committed by the hiring agency and the insured for old-age, disability, and death were made according to this provision.
5- earlier service period disbursed for service- end award provided contributions shares of both the hiring agency and the insured for old- age , disability, and death were made in accordance to provisions of article no. 5 of this bylaw.
6- period requested to be added shall have to be confirmed by evidences required by law.
7- deemed service period addition:-
a- the insured may request addition of a deemed service period not more than five years to the actual service period if resulting in eligibility for minimum or maximum pension limits according to law provisions.
b- after service- end date, the insured shall , for any reason, have no right to request addition of deemed service period.
c- for insured requests addition of deemed service period and dies before the approval of the GASSP, survivor(s) may request so on the deceased behalf within one year as of the death date if leading to eligibility for maximum pension limit provided contributions calculation and payments shall be made in accordance with law provisions.
8- periods spent in paid delegation missions, scholarships, studying vacations, it is termed to be added that both shares of contributions ,the hiring agency and the insured , for old-age, disability, and death were made which shall be deducted according to basic wage, bonuses, or promotions of each year as a lump sum or monthly deduction after return to work during one year maximum.
9- delegation period in Arabic, regional , or international associations and affiliated branches shall be conditioned by the following:-
1- period served at an association of such and the employee requests such period to be added to service record.
2- nomination approved by the government of Yemen.
3- the employee has not received salaries during period(s) requested to be added to record of service.
4- contributions of old-age, disability, and death insurance shall have to be paid as one-off payment of both shares, the hiring agency and the insured employee by 12% out of the basic wage when delegated with taking into consideration any assumed increase of wage comparing with colleagues or co-workers with whom was working before delegation.
10- Illegal suspension of work ,and contributions were made.

11- Internal delegation period:-
The hiring agency ,to whom insured is delegated, shall remain committed to pay its share of social insurance and insured share by deduction of contributions out of the basic wage, and remits contributions to the Fund on scheduled time.
12- Mandatory service period:-
The hiring agency recalling an insured employee to mandatory service commits to remit its share of social insurance contributions set out in article no. 14, also commits to deduct old-age contributions form basic wage and be remitted to the Fund during mandatory service and be deemed as actual service period.

Article no. 5
Earlier or deemed service, contributions for shall be 12% out of the basic wage at the date of service addition application according to provisions of this law and bylaw approved by the GASSP to added and contributions shall be paid as one- off payment or monthly deduction to about half of the basic wage and for twelve months maximum as of the date of the GASSP approval, if amount possible and contributions of service period requested to added were made, period shall be considered.
Article no. 6
If insured opt to monthly deductions , indication of such be enclosed with written commitment of the hiring agency to pay due contributions of earlier actual or deemed service period and be remitted to the GASSP's Fund at time specified for monthly wage disbursement, and the insured shall have to assure remittance of contributions by the hiring agency , if the hiring agency dose not commit to remit contributions, insured shall make remaining contributions payments as one-off payment to be deducted within period approved by the GASSP and insured shall not be entitled to re-apply for such addition.

Article no. 7

If insured dies, contributions of actual or deemed service period shall be deducted from survivor(s) pension until the last installment (deduction).

Article no. 8

The specialized Minister may issue, with coordination with the Minister of the Civil Service and the GASSP based on Cabinet resolution for the year 1991 in respect to insured employee extension of service period whom reached age of mandatory retirement and service period is less than required period, a resolution to extend service period if still competent and requested extension provided period shall not exceed five years, and insured shall define remaining contributions of old-age, disability, and death in accordance with law provisions.

Article no. 9
Service period excluded form actual insured service period:
1- Absence periods without permissions and wage suspended legally.
2- Interruption periods spent abroad and insured may legally not be entitled to make contribution for.
3- Periods received for service-end award and addition was not requested. According to provisions of the law.
4- Any service periods contributions of old-age, disability, and death were not made according to article no. 22 of this bylaw.
5- service-period after age of 60 or if actual service period is 35 complete years.

Article no. 10
Service period before minimum age of employment shall not be calculated according to provisions of Civil Service Law.

Article no. 11
Data accredited when calculation of actual service period:-
1- Data fixed in the retirement file or in the file of the Ministry of Civil Service.
2- If exact date of employment is not stated clearly, date of employment shall be deemed to be 31/12 as employment commencement.
 


Relative links in this section


Chapter one: General provisions - Clause one

Chapter two: Social insurance contributions and revenues

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

chapter five

Chapter seven: general and transitive provisions

Chapter two: Implementation scope

Chapter four: Insurance scope

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

Chapter six: Documents

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25/9/2023

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23/12/2022

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