Sharjah Social Security Fund Law
Sharjah Social Security Fund
Article (6) For the purposes of calculating the pension or gratuity
For the purposes of calculating the pension or gratuity, the Insured Person may add the following periods:
- Previous service with the Federal Government or in any of the public authorities, institutions, or companies in which the Federal Government holds a share of the capital.
- Previous service with the Government or any of the local departments in the Emirates of the State, or in any of the public authorities, institutions, or companies in which the governments of the Emirates hold a share of the capital.
- Military service in the State.
- Previous service with any Employer subject to the provisions of this Law.
- Service prior to acquiring the nationality of the State.
- Previous service with any entity approved by the Board.
Article (5) Calculation of Subscription Period
1. The subscription period includes all the time spent by the Insured Person in service with an Employer subject to the provisions of this Law, including all types of leave, internal and external secondments, as well as the periods added to the service.
2. The following periods are not included in the subscription period:
Periods that cannot be added according to the provisions of this Law.
Previous periods for which the Insured Person was deprived of his pension or gratuity by a disciplinary decision or judicial judgment.
Periods of suspension from work without salary, or periods of absence during which the Insured Person is deprived of his salary.
Article (4) The contributions for the Insured Persons include
1. The monthly contributions borne by the Insured Persons, which are deducted at a rate of 5% of the Subscription Calculation Salary.
2. The monthly contributions paid by the Employer at a rate of 15% of the Subscription Calculation Salary for the Insured Persons employed by the Employer.
3. Additional amounts due because of delays in the payment of contributions.
Article (3) Conditions and Contributions for Insured Persons
The Insured Person must meet the following conditions:
1. The Insured Person must be at least 18 years old and not more than 60 years old.
2. The Insured Person must be medically fit for work at the time of appointment, as evidenced by a medical report from a medical authority approved by the Fund. The Employer must submit this report when registering the Insured Person with the Fund.
Article (8) Benefits Exchange System
The previous Service Period before the application of the provisions of this Law for Insured Persons who continue in service shall be included according to the recognized system of exchange of insurance benefits between pension funds operating in the State or their equivalents.
Article (10) Private Sector Employers Obligations
Private Sector Employers who are bound by more favorable end-of-service gratuity systems shall bear the difference in the increase between what they were liable for under those systems and the end-of-service gratuity calculated according to the provisions of this Law. They shall also bear the gratuity due for the difference between the maximum salary for Private Sector subscription under this insurance and the gratuity calculation salary in their systems if it is higher. This increase or difference shall be calculated for the entire Service Period of the Insured Persons, including both previous and subsequent Service Periods after subscribing to the Fund. The difference shall be paid in full to the Fund within one month from the end of the Insured Person's service and disbursed to the Insured Persons or their beneficiaries upon the termination of service.
Article (11) Rules for Calculating Contributions
Contributions are due for the following periods according to the rules and provisions outlined for each:
- Periods of External Secondment Without Salary or Special Leave Without Salary:
The Insured Person is responsible for his own share and the Employer’s share of the contributions, which must be paid to the Fund in one lump sum within one year from the end of the secondment or leave. Payment may also be made in installments over a period equal to the duration of the leave or secondment, subject to the approval of the Director.
- Periods of Internal Secondment:
The entity, to which the Insured Person is seconded, if it bears the salary, is responsible for the Employer’s share of the contributions, while the Insured Person is responsible for his own share. The contributions must be paid to the Fund on the regular due dates, based on the Insured Person's salary at the entity from which he was seconded.
- Periods of Unpaid Study Leave:
The Employer in the Government and Semi-Government Sectors is responsible for his share of the contributions, which must be paid on the regular due dates. The Insured Person is responsible for his own share, to be paid as outlined in clause (1) of this article. For the Private Sector, the Insured Person is responsible for both his own share and the Employer’s share.
- Periods of Sick Leave:
The Insured Person pays his share based on the actual salary received during the leave, while the Employer is responsible for his share based on the full salary, whether the leave is paid or unpaid.
- Special Leave to Accompany a Spouse:
- If the special leave is to accompany a diplomat or a person on study leave, the Government Sector bears both the Insured Person's and the Employer’s shares.
- If the special leave is to accompany a spouse working in the Private Sector, the Insured Person is responsible for both his own share and the Employer’s share, which must be paid to the Fund in one lump sum within one year from the end of the leave. Payment may also be made in installments over a period equal to the duration of the leave.
Article (12) Yearly Contribution Calculation
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The contributions paid by the Employer in the Private Sector, as well as those deducted from the wages of the Insured Persons, are calculated annually based on the salaries they receive in the month of January each year.
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Employees who join the Private Sector after January will have their contributions calculated based on the salary for the month in which they started their service, up until the following January. Thereafter, they will be treated according to the basis outlined in clause (1) of this article. Contributions are calculated in full for the month in which service begins, and they are not due for a partial month when the service ends.
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The contributions paid by the Employer in the Government Sector, as well as those deducted from the salaries of the Insured Persons, are calculated based on the salary for each month.
Article (13) Monthly Changes Update
- The Employer in the Private Sector must submit to the Fund in January of each year a statement of the salaries and wages of his employees for that month, including those under probation, along with their monthly contributions. The Employer must also provide the Fund with monthly updates on any changes in the number of employees, their salaries and wages, and the addresses of the locations where they perform their work. The information must be submitted on forms prepared by the Fund for this purpose.
- If the Employer does not submit the statements mentioned in clause
(1) of this article according to the prescribed conditions and deadlines, the contributions due shall be calculated based on the last statement submitted to the Fund, until the actual contributions can be accurately calculated.
- In cases where no statements are submitted, or the submitted statements do not match reality, or if the records and documents that the Employer is required to maintain under the provisions of this Law are not available, the contributions due shall be calculated by the Fund based on the information available to it.
Article (14) Employee Registration
The Employer must register his employees who are subject to the provisions of this Law with the Fund within one month from the date of their joining the service at the latest and must notify the Fund of cases of termination of service for his employees within one month from the date of the administrative decision or the date of the end of service, whichever is later.
Article (15) Obligation for Late Submission Penalties in Contribution Cases
The Employer is required to pay an additional amount equal to 25% of the monthly contribution for each case (appointment or termination of service) that is not submitted to the Fund within the period specified in Article (14) of this Law.
Article (16) Contribution Due Dates and Payment Terms
Contributions are due from the first day of the month following the month for which they are owed. Payment may be extended until the fifteenth day of the same month, and these contributions are non-refundable.
Article (17) Employer Contribution Obligations and Penalties
The Employer is required to remit both his share and the Insured Person's share of the contributions due to the Fund. In case of delayed payment, the Employer is obligated to pay an additional amount equal to 0.1% of the contributions due for each day of delay, without the need for prior warning or notification.
Article (18) Penalty for Noncompliance with Contribution Deductions
The Private Sector Employer who fails to deduct contributions for all or some of his employees or does not pay contributions based on the actual wages is solely liable to pay an additional amount equal to 10% of the contributions due, without the need for prior warning or notification.
Article (7) Calculation of Previous Service Periods
1. To add the Service Periods mentioned in Article (6) of this Law, the following conditions must be met:
a. The Insured Person must express in writing his desire to add those periods before the end of his service, attaching the necessary certificates and documents to the request.
b. The previous Service Period to be added must not have been terminated for any reason that would result in the complete forfeiture of the pension or gratuity.
c. The periods to be added must not be temporary, daily-wage, or training periods prior to appointment.
d. The Insured Person must pay both his own share and the Employer’s share for the periods to be added, based on the Subscription Calculation Salary at the date of the request for addition, as a lump sum. Payment may also be made in monthly installments of not less than one-quarter of the Subscription Calculation Salary, provided that the installment period does not exceed the Insured Person's Retirement Age.
2. The obligation to pay the installments ceases if the Insured Person's service ends due to death, provided that the amount paid equals at least 50% of the total amount due. If the amount paid is less than 50%, the remaining balance is deducted from the pensions of the beneficiaries.
Article (9) Acquiring the nationality of the State during service
If a person acquires the nationality of the State during his service with entities subject to the provisions of this Law, he may add his previous Service Period prior to acquiring the nationality to the calculation of his pension or gratuity, provided that he bears both his share and the Employer’s share for this period in the contributions referred to in Article (4) of this Law, based on the Subscription Calculation Salary at the date of the request for addition.
Article (19) Cases of Pension Entitlement
1. The pension is payable in the following cases:
- Termination of the Insured Person's service due to:
- Death, Total Disability, or health unfitness, regardless of the length of their subscription to the Fund. Total Disability or health unfitness must be confirmed by the Competent Medical Committee.
- Reaching the Retirement Age, provided their subscription period to the Fund has reached 15 years.
- Termination of service upon the insured's request:
- For males: Through resignation, provided their subscription period to the Fund is 20 years and their age is 55 years or older. If younger, a percentage of the retirement pension will be paid, as determined by a Board decision, until they reach that age, after which the full pension shall be paid.
- For females: Through resignation, provided their subscription period is 20 years and their age is 50 years or older. If younger, a percentage of the retirement pension will be paid, as determined by a Board decision, until they reach that age, after which the full pension shall be paid.
- Termination of the insured female's service through resignation, if she is:
- Married, divorced, or widowed, with children under the age of 18, and
- Has a subscription period of 15 years and is at least 45 years old.
- Termination of service due to dismissal, removal, or retirement by a disciplinary decision or judicial judgment, provided the subscription period is 20 years.
- Termination by an Amiri Decree or Executive Council decision referring the Insured Person to retirement, where the pension is calculated based on a subscription period of 15 years or the actual subscription period, whichever is longer.
- Termination of service in the Private Sector for:
- Health reasons that threaten the insured's life, as determined by the Competent Medical Committee prior to termination.
- Dissolution, bankruptcy, or liquidation of the company, provided the subscription period is at least 15 years.
- Termination of service for reasons not mentioned above, provided the subscription period is at least 20 years.
2. Retirement pension calculation:
- In cases mentioned in clauses (a, b, e, g, h, i), the pension is calculated based on a subscription period of 15 years or the actual subscription period, whichever is longer.
- An additional 3 notional years or the period needed to complete the Retirement Age (whichever is less) will be added if the service ends due to death or Total Disability.
3. Additional provisions:
- If a Pensioner retired due to health unfitness or Partial Disability returns to work, the pension granted for this reason shall be canceled, and the remaining provisions of this Law shall apply.
Article (20) Conditions and Payment for Purchasing Notional Service Years
1. The Insured Person may request to purchase notional service years to be added to their actual Service Period under the following conditions:
a. The Insured Person must express their desire in writing to purchase this period before the end of their service.
b. The Insured Person must have completed at least 20 years of service.
c. The period to be purchased must not exceed 5 years for a male Insured Person and 10 years for a female Insured Person.
2. In all cases, the Insured Person shall bear their share and the Employer’s share of the contributions for the period to be purchased, based on the contribution salary at the time of the purchase request.
Payment may be made in a lump sum or in installments, provided that the installment period does not exceed the age of 60. In all cases, the full cost of the purchase must be paid before the end of the service.
3. In the event of the Insured Person's death, the installments for the purchase of notional service years shall continue to be deducted from the pensions of the beneficiaries.
Article (21) Pension Payments for Missing Insured Persons
If a judgment is issued declaring the Insured Person as missing, a temporary monthly pension shall be paid to the beneficiaries equivalent to what they would be entitled to, assuming the Insured Person had died while in service. If it is later discovered that the missing person is alive, the pension payments to the beneficiaries shall be suspended, and the situation of the Insured Person shall be adjusted in light of the investigation's findings. If it is determined that the Insured Person’s position was unjustified, the Fund has the right to recover the amounts previously paid. However, if the Insured Person’s position is found to be justified, a settlement shall be made between the Insured Person’s entitlements and the amounts paid to the beneficiaries.
Article (22) Pension Calculation for Work Injury Resulting in Death or Total Disability
If the Insured Person’s service ends due to death or Total Disability, and in both cases, it was the result of a Work Injury; the pension shall be calculated as if the subscription period had reached 35 years.
Article (23) Pension Calculation Rates and Limits for Insured Persons
1. The pension shall be calculated on a monthly basis at a rate of 60% of the pension calculation salary for the subscription periods calculated in the Fund, amounting to 15 years. An additional 2% shall be added for each year exceeding this period, up to a maximum of 100% of the pension calculation salary. If the Service Period exceeds 35 years, the Insured Person shall be granted a bonus for the excess period at the
rate of one month’s salary for each additional year, based on the pension calculation salary.
2. For the Insured Person in the Private Sector, the final pension calculation salary must not exceed or be less than 20% of the average contribution calculation salary for the preceding four years, or the actual subscription period if it is less.
Article (24) Pension Deduction for Insufficient Service Period
Without prejudice to the provisions of Article 22 of this Law, 10% shall be deducted from the pension entitlement of the Insured Person to whom either clause (w) or (y) of Article 19 of this Law applies, provided that their Service Period has not reached 25 years.
Article (25) Subscription Period Rounding Rule
In the calculation of the subscription period, any part of a month shall be considered as a full month.
Article (26) Minimum Retirement Pension and Beneficiary Share
The retirement pension of the Insured Person shall not be less than AED 17,500 per month, and the share of each Beneficiary of the Insured Person shall not be less than AED 1,000 per month. If the pension of a Beneficiary is transferred to another, it shall be based on the minimum amount stipulated in this article.
Article (27) Beneficiaries' Entitlement to Pension Shares Upon Death
If the Insured Person or Pensioner passes away, the beneficiaries shall have the right to receive shares of their pension in accordance with Schedule No.
(1) attached to this Law, whether they are citizens or non-citizens, provided they meet the stipulated eligibility conditions.
The beneficiaries include:
1. The widowed spouse(s).
2. The children.
3. The parents.
4. The brothers or sisters.
5. The grandchildren (children of a deceased son).
Article (28) Commencement and Transfer of Pension Entitlement
The Insured Person’s entitlement to the pension begins the day following the end of their service and ceases upon their death unless there are beneficiaries, in which case the right to the pension transfers to them in accordance with the provisions of this Law. The beneficiaries’ entitlement begins from the first day of the month following the date of death.
Article (29) Transfer of Pension Rights to Beneficiaries
Subject to the provisions of the following articles, the right to the pension transfers after the death of the Insured Person or Pensioner to those mentioned in Schedule No. (1) attached to this Law.
Article (30) Transfer of Deceased Wife's Pension Share
If the wife dies after the death of the Insured Person or Pensioner, or if she remarries, her share shall transfer equally to her sons and daughters who are entitled to the pension. If none exist, her share shall transfer equally to the widows of the Insured Person or Pensioner who were alive at the time of her death. If none exist, her share shall revert to the fund.
Article (31) Transfer of Pension to Grandchildren in Case of Father's Death
If the son's children (sons and daughters) lose their father while the grandfather is still alive and they do not receive a pension from their father, their father's share in the pension will transfer to them as if he were still alive. If the son's children lose their father after he has become entitled to the pension from his father, their father's share of the pension will transfer to them.
In both cases, the rules regarding the cessation of the pension for the children and daughters apply.
Article (32) Conditions for Continuing Pension Payment
The son's pension ceases when he reaches the age of 21; however, the pension continues to be paid to him after this age in the following cases:
1. If he is incapable of earning a living until his incapacity is resolved. The incapacity must be confirmed by a report from the Competent Medical Committee, and verification of the incapacity must be conducted every two years unless the committee determines that recovery is unlikely.
2. If he is a student until he starts working or practicing a profession, or until he reaches the age of 28, whichever comes first.
The pension for a student who turns 28 during the academic year will continue to be paid until the end of that academic year.
Article (34) Suspension and Reinstatement of Widow's and Daughter's Pension
If the daughter, sister, or mother becomes widowed or divorced, or if the son or brother becomes incapacitated after the death of the pension holder, and none of them has another salary or pension, each shall be entitled to the share they would have received had they been entitled to it at the time of the pension holder’s death. This entitlement should not affect the rights of the other beneficiaries of the pension. In cases where the pension is stopped or suspended for one of them, it shall not be redistributed to others.
Article (35) Father's Entitlement to Deceased Son's Pension
The father is entitled to a share of his deceased son's pension if he was dependent on him during his lifetime, as determined by the rules set by the fund.
Article (36) Siblings' Entitlement to Deceased's Pension
The brothers and sisters are entitled to a share of the deceased's pension if they were dependent on him for their livelihood during his lifetime, as determined by the rules set by the fund. The entitlement is subject to the same conditions and within the limits specified in Articles (32) and (33) of this Law.
Article (37) Mother's Entitlement to Deceased Son's Pension
The mother is entitled to a share of her deceased son's pension if she is a widow, divorced, or if her husband was dependent on their deceased son during his lifetime and she does not have a salary or pension. This must be established according to the rules set by the fund.
Article (38) Redistribution of Pension Shares Upon Discontinuation
1. In the event that the pension, in whole or in part, is discontinued for any of the pension holder's children for any reason, the portion that is cut off shall be redistributed among the remaining children, within the limits specified in Article (26) of this Law. If the reason for the discontinuation ceases to exist, the pension of those who received the redistributed amount will be reduced accordingly.
2. Any portion of the children's pension that is not distributed due to the absence of other eligible beneficiaries shall be transferred to the widow of the pension holder, provided that her share does not exceed three-quarters of the pension. If there are multiple widows, the full pension shall be divided equally among them.
Article (39) Restrictions on Combining Pensions and Salaries
A Pensioner may not combine two pensions from the Fund. If the Pensioner is eligible for two pensions, the higher value pension shall be paid.
Additionally, the Pensioner may not combine a pension with any salary received periodically from any other entity within the Emirate that is subject to the provisions of this Law.
Article (40) Exceptions to Pension and Salary Combination Rules
As an exception to the prohibition on combining two pensions from the Fund or combining a pension with a salary, the following cases are allowed:
1. If the Pensioner has completed 25 years or more in the service entitling them to the pension, they may combine this pension with any salary they receive periodically from any entity in the state, regardless of their combined value.
2. If the pension is due to the widow of the Pensioner, she has the right to combine her salary from work or her pension with the pension due to her from her husband.
Article (41) Gratuity Entitlement for Non-Pensionable Insured Persons
An Insured Person who is not entitled to a pension upon the termination of their service, in accordance with the preceding provisions, shall be granted a gratuity as per the provisions of the following articles.
Article (42) Gratuity Calculation Basis
The gratuity shall be calculated based on the salary used for the pension calculation.
Article (43) End-of-Service Gratuity Calculation
The end-of-service gratuity for the Insured Person shall be calculated as follows:
1. One and a half months' salary for each of the first five years of contribution provided that the contribution period is not less than one year.
2. Two months' salary for each of the next five years of contribution.
3. Three months' salary for each year beyond that.
Article (44) Distribution of End-of-Service Gratuity Upon Death
In the event of the Insured Person’s death, the end-of-service gratuity due for their period of service shall be paid to the beneficiaries in accordance with the provisions of this Law regarding pensions and the distribution stipulated therein. If there are no beneficiaries, it shall be distributed according to the inheritance rules of Islamic Sharia.
Article (45) Limits on Pension and Gratuity Deductions
1. The Insured Person or Pensioner shall not be deprived of their pension or end-of-service gratuity except by a disciplinary decision, and such deprivation shall not exceed one-quarter of the pension or gratuity.
2. No deduction or seizure of amounts due under the provisions of this Law to the Pensioner, the gratuity, or their beneficiaries shall be allowed except for the payment of court-ordered maintenance or to settle any amounts owed to the government by the Insured Person for reasons related to the performance of their duties or to recover funds wrongly disbursed. Such deductions must not exceed one-quarter of the pension, and in cases of multiple claims, priority shall be given to maintenance obligations.
Article (46) Full Pension Rights for Beneficiaries
If the Insured Person or Pensioner is subjected to a disciplinary penalty that results in the deprivation of part of their pension, t full shares of the
beneficiaries shall be paid in the event of the Pensioner’s death, based on the full pension amount as per the provisions of this Law.
Article (47) Pension Rights Upon Nationality Revocation
A Pensioner or Insured Person who has their nationality revoked or withdrawn shall forfeit their pension or end-of-service gratuity. Upon their death, the full shares of the pension shall be paid to their beneficiaries if they hold the nationality of the state. However, if the beneficiaries have had their nationality revoked or withdrawn, or if they were not originally nationals of the state, they shall be entitled to only half of their shares.
Article (48) Time Limit for Pension and Gratuity Claims
Any claim for a pension or end-of-service gratuity that the Pensioner or their beneficiaries fail to collect shall not be entertained after the lapse of ten (10) years from the date of entitlement or the date of the last pension payment. This time limit does not apply if there is a legitimate obstacle that prevented the Beneficiary from claiming their right, provided that the obstacle is accepted by the Director.
Article (49) Penalties for Violations of the Law
Without prejudice to any penalty prescribed by applicable legislation, any person who violates the provisions of this Law shall be subject to the following penalties:
1.Imprisonment and a fine not exceeding five thousand dirhams (AED 5,000), or either of these penalties, for anyone who deliberately:
a. Provides false information or intentionally withholds information as required under this Law, its decisions, or its implementing regulations, with the intent to unlawfully obtain funds from the Fund.
b. Provides false information to avoid fulfilling full obligations to the Fund.
In all cases, the court shall order the recovery of any amounts wrongfully obtained or the restitution of amounts due to the Fund.
2. A fine of five thousand dirhams (AED 5,000) shall be imposed on any Private Sector Employer for each worker who was not registered with the Fund or for unlawfully requiring workers to bear any portion of the subscription costs that are not stipulated by this Law.
3. All fines and amounts awarded by the court for violations of this Law shall be allocated to the Fund.
Article (33): Suspension and Reinstatement of Widow's and Female Beneficiaries' Pension
The widow's pension ceases upon her remarriage, and the pension of the daughter or sister ceases upon her marriage, employment, or engagement in a profession. The pension will be reinstated for the daughter or sister if she gets divorced or becomes widowed and does not have another salary or pension, or if she is no longer employed.
Article (50): Amicable Settlement for Law Violations
The Fund may settle amicably with violators of this Law, provided they commit to paying the prescribed fines and returning any amounts unlawfully received.
Article (51): Definition and Regulation of Unemployment
- For the purposes of this Law, "unemployment" refers to the period following the termination of the Insured Person’s service with an Employer until they obtain another job.
- The provisions of the Unemployment Insurance System apply to Insured Persons subject to this Law and enrolled in this system, excluding those who reach the age of sixty.
- The Executive Council shall issue a decision regarding the Unemployment Insurance System, including the relevant conditions, regulations, mechanisms, and how this system is funded, based on a proposal from the Board.
Article (52): Voluntary Fund Enrollment for Private Companies
The Fund may allow companies, individual commercial, industrial, and professional establishments headquartered in the Emirate and not owned by the government to join the Fund and enroll their insured employees in accordance with the regulations specified by the Executive Council.
Article (53): Exceptional Pensions and Gratuities
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By a decision of the Ruler or the Executive Council, exceptional pensions or gratuities may be granted to Insured Persons, Pensioners, their beneficiaries, or other citizens, even if they are not subject to the provisions of this Law.
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Without prejudice to any special provisions determined by the Ruler or the Executive Council, the provisions of this Law shall apply to the exceptional pensions and gratuities mentioned in Clause 1 of this
Article (54): Responsibility for Pension Payments
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The Fund is obligated to disburse pensions, gratuities, and compensations due in accordance with the provisions of this Law.
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The government shall bear any additional exceptional amounts decided by the Ruler or the Executive Council, and these shall be implemented in the manner determined by a decision of the Board.
Article (55): Combining Service Periods
Subject to the provisions of Article 40 of this Law, if a Pensioner is reinstated into service with any Employer subject to the provisions of this Law, their previous Service Period may be combined with the new Service Period and treated as a single continuous period upon its conclusion. The Chairman shall issue decisions regulating the method of calculating the costs of combining these periods.
Article (56): Lump-Sum Grant Upon Death
Upon the death of a Pensioner, an amount equivalent to the pension due for the month of death and the three subsequent months shall be paid in a lump sum to those who were dependent on the Pensioner at the time of death. This amount shall be considered a grant that cannot be reclaimed or seized to settle any debt and is exempt from all taxes and fees.
Article (57): Death Compensation for Heirs
If the service of an Insured Person ends due to Natural Death, a lump-sum death compensation of AED 60,000 shall be paid to their heirs, in addition to the monthly pension due in accordance with the provisions of this Law. The compensation shall be distributed among the heirs according to the inheritance rules of Islamic Sharia.
Article (58): Work Injury Compensation
If the Insured Person dies as a result of a work-related injury, their heirs shall be entitled to compensation of AED 100,000, distributed among them according to the inheritance rules of Islamic Sharia. The Insured Person shall also be entitled to this compensation if the work-related injury results in Total Disability. In the case of Partial Disability, the Insured Person shall receive compensation proportional to the degree of disability, calculated as a percentage of the total compensation. The Insured Person shall be deprived of the injury compensation in the following cases:
- If the Insured Person intentionally causes their own
- If the injury is due to gross and intentional misconduct by the Injured person, which includes:
- Any act committed under the influence of alcohol, drugs, or other mind-altering substances.
- Any deliberate violation of safety instructions clearly posted at the workplace.
Article (59): Third-Party Compensation Claims
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The provisions of Article 58 of this Law do not prevent the Insured Person or their heirs from claiming full compensation from third
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If the injury was caused by the fault or negligence of the Employer, the Injured person or their heirs have the right to seek full compensation from the Employer.
Article (60): Pension Suspension and Reinstatement
In the event of suspension or termination of the pension, the pension due for the month in which the suspension or termination occurred shall be paid in full for that month. If the pension is reinstated, either for the original Beneficiary or another entitled Beneficiary, the payment of the pension shall resume from the beginning of the month following the date of entitlement.
Article (61): Employer Record-Keeping Duties
Every Employer must maintain records and registers for the insured employees and submit the necessary statements, data, notifications, and forms required by the Fund to implement this Law, in accordance with the conditions, procedures, and deadlines determined by the Board.
Article (62): Employee Retirement File
The Employer is required to create a specific retirement file for each insured employee, in which all documents specified by the Board shall be kept.
Article (63): Gratuity and Service Combination
Employers in the Private Sector are required to pay the end-of-service gratuity due to UAE national employees to the Fund, in accordance with the laws governing their employment contracts, for those who wish to combine their
Service Period from the date of their appointment until the date of their enrollment in the Fund, under the cost of the combination. This is without prejudice to their right to continue working and to receive the gratuity for this
period at the actual end of service for those who did not request the combination.
Article (64): Notification of Pension Changes
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Beneficiaries must notify the Fund if any cause for the suspension or termination of the pension arises, effective from the date of the event.
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The Fund has the right to deduct any amounts that were unduly paid to the Beneficiary whose pension was suspended or terminated, from the amounts due to the remaining beneficiaries, each according to their
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This does not affect the rights of the remaining beneficiaries to seek recovery of the unduly paid amounts from the Beneficiary who received them, each according to their share.
Article (65): Settlement of Dues in Transfers
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The settlement of all dues to the Fund is not prevented by the dissolution, liquidation, closure, bankruptcy, merger, inheritance, will, gift, sale, transfer, or any other disposition of the entity that has joined the Fund.
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Successors are jointly responsible with previous Employers for fulfilling all obligations owed to the Fund.
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In the event that the entity joined to the Fund is transferred through inheritance or will, the joint liability of the heirs or beneficiaries is limited to the extent of the inheritance received.
Article (66): Tax Exemption for Benefits
Retirement pensions, compensations, and gratuities paid under this Law are exempt from all local taxes and fees.
Article (67): Fund’s Priority Over Debts
Amounts due to the Fund under the provisions of this Law shall have a lien over all the debtor's assets, with priority over all debts after judicial expenses and alimony.
The Fund has the right to collect them according to the applicable government Fund collection systems, and they may be paid in installments, either wholly or partially, according to the terms set by the Board.
Article (68): Use of Gregorian Calendar
The periods stipulated in this Law shall be calculated according to the Gregorian calendar.
Article (69): Judicial Oversight for Violations
Employees authorized by the Fund and designated by a decision from the Minister of Justice, pursuant to Article (34) of the Federal Criminal Procedures Law issued by Federal Law No. (35) of 1992, shall have the status of judicial officers in proving any violations of the provisions of this Law, its regulations, and the other decisions issued under it, within their respective areas of jurisdiction.
Article (70): Reporting Fund Activities
The Board shall submit periodic reports on the Fund's activities, practices, challenges faced, and its recommendations regarding these, especially those related to public matters, to the Executive Council.
Article (71): Executive Decisions for Implementation
The Executive Council shall issue the necessary executive decisions and instructions for implementing the provisions of this Law based on the Board's proposal.