Article 16 of Social Insurance Law

Without prejudice to the provision of Article (13) of this Law, the insured person shall bear the contributions provided for in items (a - b) of (First) of Article (11) of this Law whenever he requests that periods of service for which he receives no salary be counted within the insurance contribution period. (1) Amended pursuant to Law No. 28 of 2015 Law Index 829 Home Page Social Insurance Law Amiri Order promulgating Law No. 61 of 1976 issuing the Social Insurance Law A decision of the Minister, following approval of the Board of Directors, shall specify the conditions and rules for counting these periods, the dates for payment of contributions for them, and the consequences of late payment, without exceeding the limits provided for in Article (91) of this Law. Chapter Two Entitlement to Old-Age, Disability, Sickness and Death Pensions Article 17 (1) A retirement pension shall be due in the following cases: 1 - Termination of the insured person's service due to death or total disability, or the occurrence of either within a period not exceeding two years from the date of termination of service, where he was not subject to the provisions of Part Five of this Law or to the provisions of the Military Personnel Retirement Pensions and Gratuities Law No. (69) of 1980. Where entitlement to the retirement pension arises after termination of service, any retirement gratuities paid to the insured person which became due upon termination of service shall be deducted from the retirement pension at the rate of (10) monthly. In the event of death, the deduction shall be made from the principal pension before its distribution to the beneficiaries. 2 - Termination of the insured person's service in the government sector or in wholly state-owned companies due to exhaustion of sick leave or medical unfitness for service. Other entities may be added to the entities specified in the preceding paragraph by a decision of the Minister following approval of the Board of Directors. - Termination of the insured person's service for health reasons that would endanger his life if he continued in his work, whenever his contribution period in this insurance is at least ten years, provided that the decision of the Medical Committee precedes the date of termination of service. - Termination of the insured person's service due to removal by a decision of the Council of Ministers. In the cases provided for in the preceding items, the retirement pension shall be calculated on the basis of the contribution period counted in this insurance or fifteen years, whichever is greater. In the event of termination of service due to death or total disability, the remaining period until the insured person would hypothetically attain the age of sixty shall be added to the contribution period counted in the insurance. This period shall also be added in the cases provided for in items (2) and (3) if it is established that the insured person had become incapable of earning on the date of termination of service. h Termination of the insured woman's service for reasons other than those provided for in the preceding items, whenever her contribution period in this insurance reaches fifteen years and she has attained the age specified pursuant to Schedule No. (7/a) attached to this Law. In this case, her pension shall not be subject to the reduction prescribed by the provision of Article (20) of this Law. Replaced pursuant to Law No. 10 of 2019. No. (7/a) attached to this Law. In this case, her pension shall not be subject to the reduction prescribed by the provision of Article (20) of this Law. The provision stipulated in the preceding paragraph shall apply to an insured woman who is married and has no children, in the cases and in accordance with the conditions and rules prescribed by a decision of the Minister following approval of the Board of Directors. The Public Treasury shall bear (2) Items 5 and 9 replaced pursuant to Law No. 10 of 2019 Home Page 830 Law Index Social Insurance Law Amiri Order promulgating Law No. 61 of 1976 issuing the Social Insurance Law the burdens resulting from entitlement to the pension up to 2004/6/30 before the age of forty-one. These shall be determined as the amount corresponding to a pension reduction rate of six tenths of one percent for each month of the period between the date of termination of service and the date of attainment of the said age, rounded to the nearest month. As an exception to the age requirement referred to in this item, the pension shall be due whenever the insured woman attains the age of forty, up to 31/12/2009, provided that the Public Treasury bears the amount corresponding to the reduction rate stipulated in the preceding paragraph for each month of the period between the date of termination of service and the date of attainment of the age specified pursuant to the aforementioned Schedule, rounded to the nearest month, and the pension shall be paid without making this reduction. It shall also be permissible, in cases of termination of service occurring after the date stipulated in the preceding paragraph, before attainment of the prescribed age pursuant to the aforementioned Schedule by no more than five years and provided that the age upon termination of service is not less than forty, to elect payment of the retirement pension instead of the retirement gratuity, provided that the pension is reduced at the rate referred to in the preceding paragraph for each month of the period between the date of termination of service and the date of attainment of the age prescribed in the Schedule, rounded to the nearest month, and provided that the Public Treasury bears a proportion of the reduction amount as set out in Schedule No. (9)