Amendment Decrees

Law No. (31) of 2005 regarding Social Insurance on Bahrainis Workers Abroad and their Equivalents

We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain. 

Having reviewed the Constitution; 

And Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, as amended; 

The Shura Council and the Council of Representatives have approved the following law, which we have ratified and enacted: 

Article One

In applying the provisions of this law, the following shall signify: 

1- Public Authority Public Authority for the Social Insurance. 

2- The Insured: Everyone subject to the provisions of this law 

3- Social Insurance Law The Social Insurance Law promulgated by Legislative Decree No.(24) of 1976, as amended. 

4- The Monthly Income Category: The assumed monthly income chosen by the insured, through which the monthly contribution to the Authority is calculated. 

5- Disability Each and every disability that occurs before the insured person reaches the age of sixty-years, or before the insured woman reaches the age of fifty-five years, which would completely and permanently prevent the insured from practising any profession, work or activity they gain from; the disability shall be proven by a decision of the formed medical committee, in accordance with the provisions of the Social Insurance Law. 

Article Two 

Bahraini workers who operate outside of the Kingdom of Bahrain, or from within, under a non-addressed employer, shall, under the provisions of the Social Insurance Law promulgated by Legislative Decree No. 24 of 1976, have the right to benefit from the provisions of this law as long as they satisfy the conditions specified thereof. 

Article Three 

The Social Insurance System shall include - by virtue of this law - insurance on old-age, disability and death. 

Some of the other social insurance categories stipulated in the Social Insurance Law may apply to the insured under the conditions and situations for which a decision is issued by the Prime Minister and within the limits of the articles stipulated in the aforementioned law. 

Article Four 

In order to benefit from the provisions of this law, the contribution applicant must fulfil the following conditions: 

1- His age may not be less than sixteen-years-old. 

2- His age may not be above fifty-years-old; he who participate within one year from the date of implementation of the provisions of this law shall be excluded provided that the insured man does not exceed sixty-years-old and the insured woman fifty-five. 

3- His medical fitness must be proven in order to work, pursuant to a certificate obtained from the competent medical committee at the ministry of Health in the Kingdom of Bahrain. 

4- He may not be under the provisions of the Social Insurance Law, or under any other retirement system, whether obligatory or optional, which has laws, systems or rulings issued in the Kingdom of Bahrain. 

5- He may not be benefiting from an old-age pension or a non-occupational pension from the General Authority. 

Article Five 

A Special Account for insurance stipulated in this law shall be allocated in the Social Insurance Fund at the General Authority; its funds shall consist of the following resources: 

1- The shares paid by the insured for this insurance shall equal (12%) of the assumed monthly income, per month. 

2- The sums paid by the insured to the General Authority to increase the period of their contribution in the insurance in accordance with the provisions stipulated in Article (36) of the Social Insurance Law. 

3- Subsidies, donations, grants and bequests that the Board of Directors of the General Authority decides to accept for the account of this insurance. 

4- The proceeds of investing this insurance's funds. 

5- All that is allocated to the account of this insurance in terms of additional amounts, interest and other amounts that are collected annually in application of the provisions of the Social Insurance Law. 

6- Other resources allocated for this insurance. 

The financial position of this insurance account shall be examined in accordance with the rules stipulated in Article (16) of the Social Insurance Law. 

Article Six 

Contributions to this insurance are paid for the insured who benefit from its provisions at the rate of the sum of the shares of the employer and the insured person stipulated in Clauses (1) and (2) of Article (33) of the Social Insurance Law, at a rate of (12%) of the assumed monthly income category that is chosen by the insured. 

The assumed monthly income category at the start of the contribution shall be a minimum of 200 dinars and a maximum of 1000 dinars; the insured has the right to adjust the selected monthly income category by increase or decrease by roughly 5% annually; it is not allowed to increase if the assumed monthly income reaches an amount of -/ 1500 dinars. It is also not allowed to fall below the aforementioned minimum. 

The modification of the monthly income category shall be effective from the first of January following the date of submitting a written request by the insured individual. 

Article Seven 

The insured may request an increase in the period of their share in this insurance by adding a previous work period to a maximum of five years, provided that the previous work period required to be calculated was spent after the age of sixteen-years-old, for which they shall pay the General Authority the amount that must be paid in accordance with Article (36) of the Social Insurance Law. The application shall be submitted in writing to the Authority on the form prepared for this purpose. 

The aforementioned duration in the previous paragraph shall not be within the duration required for the old-age, disability or death pension. 

Article Eight 

The period or periods of contribution in this insurance, and the period or periods of contribution preceding or following it and for which insurance dues were not paid by the General Authority, shall be considered a consecutive period in calculating the periods eligible for the old-age, disability and death pension and in calculating the lump-sum compensation in accordance with the Social Insurance Law. 

The entitlements of the insured and their beneficiaries arising from the implementation of this law are settled separately from any previous duration or durations, and the final pension or lump-sum compensation shall be determined by the sum of the pensions or compensations resulting from the calculation of each period individually, as the case may be. 

Article Nine 

Taking into account the provisions stipulated in this Law, the rights of the insured and their beneficiaries, whether related to old-age, disability or death pensions, as well as lump-sum compensation, shall be settled in accordance with the conditions and situations stipulated in Chapter Four of the Social Insurance Law. 

Article Ten 

The insured’s insurance following the provisions of this law, shall be considered terminated by the force of law in the following two cases: 

1- If it is proven that the insured is disabled or has lost one of the two conditions stipulated in Clauses (4) and (5) of Article Four of this law. 

2- If they cease to pay the contributions for a period of six consecutive months, starting from the end of the last month for which the contribution was paid. 

The General Authority shall notify the insured of this by a registered letter with acknowledgement of receipt at his address recorded in the application for contribution in this insurance, or at the address specified in writing thereafter. 

Article Eleven 

The insured who has ceased paying contributions for the period stipulated in Clause (2) of the preceding Article may request the General Authority, within the three months following the period referred to, to resume the contribution in this insurance starting from the date of cessation, provided that the contributions due to the General Authority are paid. This is either in one payment or in monthly instalments, in accordance with the provisions of the Social Insurance Law and the decisions issued for its implementation. 

If the insured ceases, after that, to pay the contributions due for another six consecutive months, their contribution in this case shall be considered permanently terminated, and the General Authority may not accept their request for contribution in this system again unless this suspension is for compelling reasons, estimated as such by the Authority’s Board of Directors. 

Article Twelve 

The insured - or their beneficiaries - shall benefit in the event of the insured’s disability or death within one year from the date of termination of this insurance by the provisions stipulated in the penultimate paragraph of Article (37) of the Social Insurance Law. 

Article Thirteen 

The death grant subsidy and the funeral expenses grant subsidy shall be disbursed according to the conditions and situations stipulated in Articles (89) and (91) of the Social Insurance Law, should this insurance be terminated due to the death of the insured. 

In the event of the death of the insured within one year from the date of termination of their contribution in this insurance, the death grant subsidy shall be disbursed in the amount of six times the pension supposed to be disbursed to the insured, in addition to the aforementioned funeral expenses grant subsidy. 

Article Fourteen 

The insurance stipulated in this law shall be subject to the provisions of the Social Insurance Law in matters not specifically provided for in this law and in a manner that does not conflict with its provisions. 

Article Fifteen 

Without prejudice to any harsher penalty stipulated in the Penal Code or any other law, anyone who shall deliberately share false information or collude in that regard for purposes of self-benefit or benefit towards others for the purpose of unlawfully benefiting from pensions, compensations or benefits stipulated in this law shall be subject to imprisonment of not more than three months and a fine not exceeding one thousand dinars, or either of these two penalties. 

In the event of a recurrence of the crime stipulated in this article within three years from the date of the final ruling of the penalty, the court shall pass the maximum penalty stipulated in the aforementioned paragraph. 

In all cases, the issued ruling of conviction shall include - in addition to the penalty imposed - the payment of a civil compensation to the General Authority. 

The implementation of financial penalties may not be suspended, and all adjudged sums shall be transferred to the General Authority and disposed of by a decision of the President of its Board of Directors based on the approval of the Board of Directors. 

Article Sixteen 

The Minister of Labour shall issue the regulations and decisions implementing the provisions of this law, based on the approval of the Board of Directors of the General Authority for Social Insurance. 

Article Seventeen 

The Ministers - each within their jurisdiction - shall implement the provisions of this Law, and it shall come into force in the lapse of the beginning of the second month from the date of its publication in the Official Gazette. 

King of Kingdom of Bahrain. 

Hamad bin Isa Al Khalifa 

Issued in Riffa Palace 

On: 10 Rajab 1426 A.H. 

Corresponding to: 15 August 2005 

Legislative Decree No. (36) of 2015 regarding the Cessation of Retirement Rights and Benefits in case of Withdrawal, Loss, Revoking of Bahraini Nationality or Naturalization of a Foreign Nationality without permission

We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain.

Having reviewed the Constitution, in particular Article (38) thereof;

Bahraini Nationality Law of 1963, as amended;

Law No. (13) of 1975 regulating Pensions and Retirement Gratuities for Government Employees, as amended;

Law on regulation of Pensions and Retirement Gratuities for officers and Personnel of the Bahrain Defence Force, and Public Security, promulgated by Legislative Decree No. (11) of 1976, as amended;

Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, as amended;

Public Security Forces Law promulgated by Legislative Decree No. (3) of 1982, as amended;

Legislative Decree No. (6) of 1991 establishing the Retirement Fund for personnel and officers of the Bahrain Defence Force, Public Security Force, Bahrainis and non-Bahrainis;

National Guard Law promulgated by Legislative Decree No. (20) of 2000, as amended by Legislative Decree No. (38) of 2002;

Bahrain Defence Force Law, promulgated by Legislative Decree No. (32) of 2002;

Military Justice Law promulgated by Legislative Decree No. (34) of 2002, as amended;

Law No. (3) of 2008 regarding the General Authority for Social Insurance, amended by Law No (33) of 2014;

Law No. (32) of 2009 establishing the Pension and Retirement Benefits Fund for members of the Shura Council, the Council of Representatives and the Municipal Councils and regulating their pensions and benefits;

Legislative Decree No. (47) of 2010 regarding the Management and Powers of the Retirement Fund for Personnel and officers of the Bahrain Defence Force, Public Security Force, Bahrainis and non-Bahrainis, established by Legislative Decree No. (6) of 1991;

Decree No. (14) of 2002 establishing the National Security Agency, as amended;

And upon the submission of the Prime Minister;

And after the approval of the Council of Ministers,

Hereby Decree the following Law:

Article One

Withdrawal, Loss or Revocation of Bahraini nationality shall result in the cessation of all pension rights and benefits due or accruing to Bahraini nationals according to the following laws:

a) Law No. (13) of 1975 regulating Pensions and Retirement Benefits for Government Employees,

b) Law on regulation of Pensions and Retirement Benefits for officers and Personnel of the Bahrain Defence Force, and Public Security, issued by Legislative Decree No. (11) of 1976,

c) Social Insurance Law promulgated by Legislative Decree No. (24) of 1976.

d) Law No. (32) of 2009 establishing the Pension and Retirement Benefits Fund for members of the Shura Council, the Council of

Representatives and the Municipal Councils and regulating their pensions and benefits;

Similarly, all retirement rights and benefits due or accruing to Bahraini citizens under the laws mentioned in the previous paragraph shall be suspended in the case of acquiring foreign nationality without permission from the Minister of Interior or the competent authorities in the Bahrain Defence Force, concerning military personnel and civilians who have completed their service in the Bahrain Defence Force.

All suspended retirement rights and benefits shall be reinstated from the date of the cessation of the reason for suspension referred to in the previous paragraphs.

Article Two

All provisions contrary to the provisions of this Law shall be repealed.

Article Three

The Commander-in-Chief of the Bahrain Defence Force and the Minister of Finance –each within his jurisdiction– shall issue the necessary decisions to implement this law.

Article Four

The Prime Minister and the Commander-in-Chief of the Bahrain Defence Force– each within his jurisdiction- shall implement this Law, and it shall come into force from the day following the date of its publication in the Official Gazette.

King of the Kingdom of Bahrain

Hamad bin Isa Al Khalifa,

Prime Minister

Khalifa bin Salman Al Khalifa

Issued at Riffa Palace:

On: 23 Dhu al-Hijjah 1436 A.H.

Corresponding to: 7 October 2015

Legislative Decree No. (21) of 2020 regarding Retirement Funds and Pensions in Retirement and Insurance Laws and Regulations

We, Hamad Bin Isa Al Khalifa, King of the Kingdom of Bahrain.

Having reviewed the Constitution, in particular Article (38) thereof;

Law No. (13) of 1975 regarding the Regulation of Retirement Pensions and Gratuities for Government Employees, as amended;

Law on regulation of Pensions and Retirement Gratuities for Officers and Personnel of the Bahrain Defence Force and Public Security, promulgated by Legislative Decree No. (11) of 1976, as amended;

Social Insurance Law promulgated by Legislative Decree No.(24) of 1976, as amended;

Legislative Decree No. (6) of 1991 regarding the Establishment of a Retirement Fund for Bahraini and Non-Bahraini Officers and Personnel of the Bahrain Defence Force and Public Security Forces;

Law No. (3) of 2008 regarding the Social Insurance Organization, as amended by Law No (33) of 2014;

Legislative Decree No. (47) of 2010 regarding the Management and Competencies of the Retirement Fund for Bahraini and Non-Bahraini Officers and Personnel of the Bahrain Defence Force and Public Security Forces, established under Legislative Decree No. (6) of 1991;

And Legislative Decree No. (45) of 2018 regarding the Retirement System for Ministers and the Likes, and Retirement Gratuities for Members of the Shura and Representatives Councils, and Municipal Councils;

Due to the severe economic conditions resulting from the novel Coronavirus (COVID-19) pandemic and the subsequent global economic crisis, and as a result of the worsening deficit in retirement and insurance funds, urgent measures and actions are required to be taken without delay to contribute to restoring the balance between the resources and expenses of these funds;

And upon the submission of the First Deputy of the Prime Minister;

And after the approval of the Council of Ministers,

Hereby Decree the following Law:

Article One

Both the Retirement Fund for Government Employees established by Law No. (13) of 1975 regulating retirement pensions and gratuities for government employees, and the Social Insurance Fund established by the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, shall be merged into a single fund created for this purpose, called the (Retirement and Social Insurance Fund). The Social Insurance Organization shall be responsible for managing this fund.

The resources of the Retirement and Social Insurance Fund shall consist of all contributions, amounts, fees and subsidies paid to the Retirement Fund for Government Employees established by Law No. (13) of 1975 regarding the Regulation of Retirement Pensions and Gratuities for Government Employees, and the Social Insurance Fund established by the Social Insurance Law promulgated by Legislative Decree No.(24) of 1976, as well as the returns from its investments and other resources resulting from its activities, and any amounts determined or paid to it in accordance with the relevant laws.

Article Two

The annual increase in all pensions provided for under any retirement or insurance law or system shall be suspended.

If it is determined from the actuarial report that there is a surplus in the Retirement and Social Insurance Fund or the Retirement Fund for Bahraini and Non-Bahraini Officers and Personnel of the Bahrain Defence Force and Public Security Forces, established under Legislative Decree No. (6) of 1991, this surplus shall be transferred to a separate account in each of the two funds, and it shall not be disposed of except with the approval of either the Supreme Council for Military Retirement or the Social Insurance Organization - as the case may be -. This surplus shall be used to increase pensions by an amount not exceeding the increase in the general consumer price index, taking into consideration the recipients of limited pensions.

Article Three

It shall not be permissible to combine retirement pensions due under the provisions of Law No. (13) of 1975 regarding the Regulation of Retirement Pensions and Gratuities for Government Employees and the Law regarding the Regulation of Retirement Pensions and Gratuities for Officers and Personnel of the Bahrain Defence Force and Public Security, promulgated by Legislative Decree No. (11) of 1976 and the Social Insurance Law promulgated by Legislative Decree No.(24) of 1976 and the Legislative Decree No. (45) of 2018 regarding the Retirement System for Ministers and the Likes, and Retirement Gratuities for Members of the Shura and Representatives Councils, and Municipal Councils as well as any other retirement or insurance law or system. Likewise, it shall not be permissible to combine a retirement pension with a salary, wage or monthly allowance when individuals are subject to contributions under any of the aforementioned laws or systems.

However, the prohibition mentioned in the previous paragraph shall not apply to pensions due to disability, work-related injury or family relations.

Article Four

As an exception to the provisions of the Law No. (13) of 1975 regarding the Regulation of Retirement Pensions and Gratuities for Government Employees and the Law regarding the Regulation of Retirement Pensions and Gratuities for Officers and Personnel of the Bahrain Defence Force and Public Security promulgated by Legislative Decree No. (11) of 1976 and the Social Insurance Law promulgated by Legislative Decree No.(24) of 1976 and the Legislative Decree No. (45) of 2018 regarding the Retirement System for Ministers and the Likes, the pensioner entitled under any of the aforementioned laws, in the event of joining a job or employment that is not subject to the same law under which they entitled the pension, shall have the following options:

1- Combine his previous service period with his new service period, in accordance with the rules specified in the retirement and insurance laws and systems.

2- Continue receiving the entitled pension for his previous service period while also receiving a salary, wage or bonus for his new service without making retirement contributions. However, he shall make contributions for insurance against work injuries.

Article Five

Without prejudice to any more severe penalty provided for by any other law, any employer who fails to pay the social insurance contributions to which he is committed according to the Social Insurance Law promulgated by Legislative Decree No.(24) of 1976 shall be punished with a fine of not less than the total value of the contributions that have not been paid and not exceeding three times that value.

All amounts imposed as fines shall be allocated to the Retirement and Social Insurance Fund.

Article Six

The Supreme Council for Military Retirement and the Minister of Finance and National Economy, upon the approval of the Board of Directors of the Social Insurance Organization - as the case may be - shall issue the necessary decisions to implement the provisions of this Law, including identifying recipients of limited pensions and regulating the situations of pensioners regarding contributions paid during the current service period.

Article Seven

The Prime Minister, the Commander-in-Chief of the Defence Force, the Ministers and those concerned - each within his jurisdiction - shall implement the provisions of this law and it shall come into force from the first day of the following month after its publication in the Official Gazette.

King of the Kingdom of Bahrain

Hamad bin Isa Al Khalifa

First Deputy of the Prime Minister

Salman bin Hamad Al Khalifa

Issued at Riffa Palace:

On: 22 Dhu al-Qi'dah 1441 A.H.

Corresponding to: 13 July 2020

Law No. (26) of 2011

We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain.

Having reviewed the Constitution,

Law No. (13) of 1975 regarding the Regulating of Pensions and Retirement Gratuities for Government Employees, as amended;

Law on regulation of Pensions and Retirement Gratuities for Officers and Personnel of the Bahrain Defence Force and Public Security, promulgated by Legislative Decree No. (11) of 1976, as amended;

Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, as amended;

Legislative Decree No. (6) of 1991 regarding the establishment of a Retirement Fund for Personnel and Officers of the Bahrain Defence Force, Public Security Force, Bahrainis and non-Bahrainis;

Law No. (3) of 2008 regarding the Social Insurance Organization;

Legislative Decree No. (20) of 2000 promulgating the National Guard Law;

Legislative Decree No. (14) of 2002 establishing the National Security Agency;

Law No. (54) of 2009 amending Legislative Decree No. (11) of 1976 promulgating the Law regulating Pensions and Retirement Gratuities for Officers and Personnel of the Bahrain Defence Force and Public Security by adding a new Article numbered (11 bis);

The Shura Council and the Council of Representatives have approved the following Law, which we have ratified and enacted:

Article One

As an exception to the provisions of Articles (38), (39), and (43) of Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Gratuities for Government Employees and Articles (36), (37), and (40) of the Law regulating Pensions and Retirement Gratuities for Officers and Personnel of the Bahrain Defence Force and Public Security promulgated by Legislative Decree No. (11) of 1976 and Article (38) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976.

A person who has been subject to insurance under the provisions of any of these laws and whose service has ended, was not eligible for a retirement pension, did not receive the bonus of the lump-sum compensation, and then becomes subject to insurance with an insurance entity other than the one to which he previously was subject under its law, may request the transfer of his reserves for the period of his service or insurance contribution with the previous insurance entity to the new insurance entity upon submitting a request. The previous insurance entity shall calculate those reserves for the entire period of his service or contribution to the insurance in accordance with the mechanism stipulated in Article Two of this Law and transfer them to the new insurance entity.

Article Two

The reserves to be transferred between pension and insurance funds established under Law No. (13) of 1975 and Legislative Decrees No. (24) of 1976 and (6) of 1991 shall be calculated based on the total of contributions of the retirement, disability, and death insurance deducted from the employee's, officer's, or individual's salary and the government's share paid on his behalf, or the total of the insured person's share in retirement, disability, and death insurance contributions and the employer's share paid on his behalf, in addition to the investment returns earned on the collected contributions during the period from the date of being subject to the applicable law until the date of transferring the total to the fund to which he became affiliated.

Article Three

Taking into account the provisions of Law No. (54) of 2009 amending Legislative Decree No. (11) of 1976 promulgating the Law regulating Pensions and Retirement Gratuities for Officers and Personnel of the Bahrain Defence Force and Public Security, the period of service or contribution to the insurance for which the reserves were transferred shall be considered a continuous period along with the new period of service or contribution, and the entitlements of the employee, the officer, or the insured individual shall be settled based on the total duration of both periods, in accordance with the provisions of the applicable law, upon the completion of the last service period.

Article Four

The Minister of Finance shall issue the necessary decisions to implement the provisions of this Law.

Article Five

The Prime Minister and the Ministers - each within his jurisdiction - shall implement this Law, and it shall come into force as of the first of the month following the date of its publication in the Official Gazette.

King of Kingdom of Bahrain

Hamad bin Isa Al Khalifa

Issued at Riffa Palace:

On: 17 Shaaban 1432 A.H.

Corresponding to: 18 July 2011

Decree No. (1) of 1985 Amending the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976

We Isa bin Salman Al Khalifa, the Amir of the State of Bahrain

Having reviewed the Constitution and Emiri Order No. (4) of 1975;

Legislative Decree No. (24) of 1976 promulgating the Social Insurance Law, and the laws that amend it;

And upon the submission of the Minister of Labour and Social Affairs,

And after the approval of the Council of Ministers,

Hereby Decree the following Law:

Article One

The texts of the Paragraph Two of Article 16, Article 53 and Paragraph Three of Article 135 of the Social Insurance Law promulgated by Law No. 24 of 1976 referred to above shall be replaced by the following texts:

Paragraph Two of Article 16:

"The examination shall take into account the value of current liabilities, and if it is shown in the report of the actuary that a surplus is available, such surplus shall then be transferred to a special account in the Fund and may not be disposed of except with the approval of the Board of Directors for the following purposes:

1- Settlement in whole or in part of the deficit which the State Treasury has made good by payment of loans to the Organization for that purpose.

2- Increase in pensions, compensations, daily allowances, additional grants, contributions and bonuses in light of the cost of living index. The increase in pensions, compensations, daily allowances, additional grants, lump sums, and minimum and maximum levels of pensions prescribed under the provisions of this Law, as well as the percentages of all the mentioned shall be determined by a decision of the Council of Ministers, upon a recommendation from the Minister for Labour and Social Affairs.

3- Establishment of a general reserve fund and special reserves".

Article 53:

The daily allowance shall equal 100% of the contributory daily wage of the injured insured, and shall be paid for the duration of the incapacity resulting out of the employment injury or, in the case of relapse of the injury or the complication thereof.

The daily allowance shall be calculated on the basis of the monthly wage used for payment of the contribution divided by 30 and the Organization shall be responsible for its payment to the injured."

Paragraph Three of Article 135:

"The maximum pension provided for in the preceding paragraph of this Article shall be 75% of the wages on the basis of which the pension in both branches of social insurance has been calculated, as the case may be".

Article Two

The provisions of Paragraph Three of Article 135, as amended by this Law, shall apply only to pensions due after its implementation.

The Social Insurance Organization shall assume the increases resulting from the application of this Law.

Article Three

The Minister of Labour and Social Affairs shall issue the decisions necessary to implement the provisions of this Law.

Article Four

The Ministers – each within his jurisdiction– shall implement this Law, and it shall come into force from the first of the month following the date of its publication in the Official Gazette.

Emir of the State of Bahrain

Isa bin Salman Al Khalifa

Issued at Riffa Palace

On: 16 Rabi' Al-Thani 1405 A.H.

Corresponding to: 8 January 1985

Decree No. (15) of 1987 Amending certain Provisions of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976

We, Isa bin Salman Al Khalifa, Emir of the State of Bahrain

Having reviewed the Constitution;

Emiri Order No. (4) of 1975;

Legislative Decree No. (24) of 1976 promulgating the Social Insurance Law, and the laws that amend it;

And upon the submission of the Minister of Labour and Social Affairs,

And after the approval of the Council of Ministers;

Hereby Decree the following Law:

Article One

The Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 referred to above shall be amended to add, when calculating the old-age pension, a default contribution period of sixty months of insurance in the event that the insured person, male or female, completes or exceeds the contribution period referred to in Clauses 2 and 3 of Article 34 of the Social Insurance Law, whether this contribution period is actual or calculated during the period, for those who retire within five years from the date of entry into force of this Law.

The Council of Ministers may, by decision, extend the period referred to in the previous paragraph upon the submission of the Minister of Labour and Social Affairs and with the approval of the Board of Directors of the Public Authority for the Social Insurance.

Article Two

The text of Article (136) of the Social Insurance Law shall be replaced with the following text:

Article (136):

Subject to the provisions of Article 39, 40, 42, if a pensioner is re-employed in a remunerative employment which is subject to this Law, he shall combine between the pension to which he is entitled and the salary gained from such employment provided that the total shall not exceed the average salary or the salary upon which the pension has been calculated. If the total exceeds the said limit, the increase shall be calculated from the pension throughout the period during which he received that increase. If the period of the pensioner's re-employment in a remunerative job is one year or more and his service was terminated for any reason except that of suffering a new employment injury or if there are complications of a previous employment injury, the pension shall, in both cases, be calculated according to the entire last period in accordance with the aforementioned Article (39) and shall be added to the previous pension, provided that the total of the two pensions or several pensions, as the case may be, shall not exceed the average salary upon which the first pension has been calculated.

Should the service of the original pensioner be terminated due to a new employment injury or complications of a previous injury or injuries caused prior to joining the remunerative employment referred to in the foregoing paragraph, or if his service is terminated due to an employment injury resulting in his death, he shall be treated according to the provisions of the employment, injuries provided for in the Social Insurance Law, provided that the total of pensions shall not exceed the contributory salary upon which the first pension was calculated.

An insured, a pensioner or beneficiaries thereof shall also combine between the pensions provided for in the branch of insurance against old age, disability and death and in the branch of insurance against employment injuries, with the condition that in all cases, the total

pensions shall not exceed the average salary or the salary on the basis of which the pension has been calculated.

Article Three

From the date of entry into force of this Law, the retirement pensions paid by the Public Authority for the Social Insurance on the effective date of this Law shall be amended on the basis specified in the first preceding Article, without payment of any difference in relation to the previous period.

The aforementioned Public Authority shall pay the retirement pensions amended in accordance with the first preceding Article, as well as the retirement pensions due to insured persons after the application of this Law, in excess of what the insured person could have obtained in violation of Article (136) before amending it in the manner indicated in the second preceding Article of this Law.

Article Four

The concerned Minister shall issue the necessary Orders for implementing the provisions of this Law.

Article Five

The Ministers– each within his jurisdiction shall implement this Law, and it shall come into force on the first of the month following the date of its publication in the official gazette.

Emir of the State of Bahrain

Isa bin Salman Al Khalifa

Issued at Riffa Palace

On: 26 Rabi' Al-Awwal 1408 A.H.

Corresponding to: 18 November 1987

AMIRI DECREE-LAW NO. 8/1980 WITH RESPECT TO AWARD OF INCREMENTS TO PENSIONERS AND BENEFICIARIES THEREOF

We, Essa bin Sulman Al Khalifa Amir of the State of Bahrain

After referring to the Constitution;

And to Amiri Order No. 4/1975;

And to Law No. 13/1975 with respect to organisation of retirement pensions for civil servants and Government employees and amendments thereof;

And to Law No. 11/1976 with respect to organisation of retirement pensions for officers and servicemen of the Bahrain Defence Force and Public Security and amendments thereof;

And to Law No. 24/1976 with respect to Social Insurance and amendments thereof;

And to Prime Ministerial Edict No. 12/1979 with respect to Family Allowance Scheme; And after the submission of the Minister of Finance and National Economy and the Minister for Labour and Social Affairs; And after the approval of the Council of Ministers; HEREBY DECREE :

Article 1
Pensions which are payable by virtue of the application of Law No. 13/1975, Law No. 11/1976 and Amiri Decree-Law No. 24/1976 shall be raised according to the following:

First : 15% of the monthly pension if it is less than BD. 50.
Second : 10% of the monthly pension if it is BD. 50 or more,

even if the increments mentioned in these two clauses shall result in exceeding the maximum determined for a pension in any of the aforesaid laws.

The increment stipulated in the second clause shall not be less than the sum of BD. 7.500 for the pensioner, the beneficiary or in respect of the total pensions of beneficiaries thereof.

The sum of one fils shall be rounded up to become 100 fils.

Article 2
The payment of the increment mentioned in the foregoing article shall not prejudice the Family Allowance Scheme determined in accordance with the above-mentioned Prime Ministerial Edict No. 12/1979

Article 3
The funds established in accordance with the laws mentioned in Article 1 shall be responsible for the individual increments herein provided for.

Article 4
The Minister for Finance and National Economy and the Minister for Labour and Social Affairs shall implement this Law, which shall come into effect as from 1st February 1980 and shall be published in the Official Gazette.

Essa bin Sulman Al Khalifa Amir of the State of Bahrain

Issued at Rifaa Palace on 4th Rabie Al Thani, 1400 Hijra corresponding to 28th February 1980

Published in the Official Gazette No. 1372 dated 28 February 1980.

Law No. (33) of 2014 amending Article Four of Law No. (3) of 2008 regarding the Social Insurance Organization.

We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain

Having reviewed the Constitution;

Trade Union Law promulgated by Legislative Decree No.(33) of 2002, as amended;

Law No.(3) of 2008 regarding Social Insurance Organization;

Civil service Law promulgated by Legislative Decree No. (48) of 2010;

And Legislative Decree No. (48) of 2012 regarding the Bahrain Chamber of Commerce and Industry;

The Shura Council and the Council of Representatives have approved the following law, which we have ratified and enacted:

Article One

The text of Article Four of Law No. (3) of 2008 regarding the Social Insurance Organization shall be replaced with the following text:

The Board of Directors is composed of a President and fourteen members, as follows:

1) Three members representing the government in its capacity as employer, chosen by the Prime Minister.

2) Three members representing private sector employers, appointed by the Bahrain Chamber of Commerce and Industry.

3) Three members representing public sector workers appointed by the Civil Service Board, provided that they are among those who pay their pension contributions in accordance with Law No. (13) of 1975 regarding the organisation of pensions and retirement benefits for State employees.

4) Three members representing public sector workers appointed by the Civil Service Board, provided that they are among those who pay their

pension contributions in accordance with Decree Law No. (24) of 1976 regarding the issuance of the Social Insurance Law.

5) Two competent persons specialised in financial and insurance matters, nominated by the Minister in charge of the General Organisation of Social Security.

Nominations are submitted to the Council of Ministers to select representatives from each party, and a Decree is issued to appoint the Council's President and members.

The term of office for members of the Board of Directors is four years, renewable once upon the approval of the nominating authority.

If a member's mandate expires, the Board of Directors continues to exercise its powers as provided by the law until a new Board is formed.

The bonuses of the President, members of the Board of Directors and members of the committees set up in accordance with Article five among non-members of the Board of Directors is set by a decision of the Prime Minister.

Article Two

Every text which contradicts the provisions of this law shall be repealed.

Article Three

The Prime Minister and the ministers - each within his jurisdiction- shall implement this Law, and it shall come into force from the day following the date of its publication in the Official Gazette.

King of the Kingdom of Bahrain

Hamad bin Isa Al Khalifa,

Issued at Riffa Palace:

On: 11 Shawwal 1435 A.H.

Corresponding to: 7 August 2014

Law No. (14) of 2022 amending Some Provisions of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976

We, Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain.

Having reviewed the Constitution;

Law No. (13) of 1975 regarding the Regulating of Pensions and Retirement Benefits for Government Employees, as amended;

Law regarding the Regulation of Retirement Pensions and Gratuities for Officers and Personnel of the Bahrain Defence Force and Public Security, promulgated by Legislative Decree No. (11) of 1976, as amended;

Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, as amended;

Law No. (31) of 2005 regarding Social Insurance for Bahrainis Working Abroad and their Equivalents;

Law No. (68) of 2006 approving the Unified Regulation for Extending Social Insurance Protection to the citizens of the Cooperation Council for the Arab States of the Gulf working in countries other than their own in any member state of the Council;

Law No. (3) of 2008 regarding the Social Insurance Organization, amended by Law No (33) of 2014;

Labour Law for the Private Sector promulgated by Law No. (36) of 2012, as amended,

Legislative Decree No. (45) of 2018 regarding the Retirement System for Ministers and their Equivalents, and Retirement Gratuities for Members of the Shura and Representatives Councils, and Municipal Councils;

And Legislative Decree No. (21) of 2020 regarding Retirement Funds and Pensions in Insurance Laws and Regulations;

The Shura Council and the Council of Representatives have approved the following Law, which we have ratified and enacted:

Article One

The texts of Article No. (4) Clauses (1) and (5), Article No. (33) Clauses (1), (2), (34), (39), (41), (43), (45) and (88) first paragraph, Article No. (104), and (135) fourth paragraph of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 shall be replaced with the following texts:

Article (4) Clauses (1) and (5):

1- The Organization: The Social Insurance Organization.

5- The Insured Individual: The male or female worker subject to the provisions of this Law, even if they are in a probationary period, apprenticeship or under training.

Students attending schools who join an employer for the purpose of training shall not be considered as insured individuals unless their joining is for the purpose of gradual employment.

Article (33) Clauses (1) and (2):

1- The share that the employer is obligated to pay to the Organization on a monthly basis from the insurance subscription, amounting to (17%) of the wages of the insured individuals employed by him.

2- The share that the insured individual is obligated to bear, amounting to (7%) of his monthly wage.

Article (34):

The insured individual is entitled to the old-age pension in accordance with the duration of his subscription to the insurance, whether it is continuous, intermittent, or periods combined with the subscription period to the insurance, in the following cases:

1- When the insured individual's service ends before reaching the age of sixty years, provided that the duration of the insurance subscription is at least (240) months. The pension amount due in this case shall be reduced by a percentage determined according to the age of the insured individual at the date of requesting the pension payment, based on the Schedule No. (1) attached to this Law. The pension shall be paid by the Organization in this case from the start of the period indicated in the mentioned table, which determines the basis for reducing the pension, or from the day following the date of the end of service, whichever is earlier. The reduction percentages mentioned in the second paragraph of this Clause shall not apply in cases where the insured individual or the beneficiaries request the pension payment due to disability or death.

2- When the insured individual's service ends upon reaching the age of sixty years or older, provided that the duration of the subscription is at least (180) months.

3- When the insured individual's service ends before reaching the age of sixty years, without meeting the required subscription periods in Clause (1) of this Article, he shall be permitted in this case to request the payment of the old-age pension upon reaching the age of sixty, instead of the lump sum compensation specified in Article (38) of this Law, provided that the duration of the insurance subscription is at least (180) months.

In the event of the insured individual's death before reaching the mentioned age, the beneficiaries shall receive the old-age pension, provided that the duration of the insurance subscription is at least (180) months, unless they are entitled to the pension according to Article (37) of this Law.

The pension shall be payable in this case from the day following the insured individual's reaching the age of sixty, or from the day following the date of death.

The periods during which the insured individual receives daily allowances due to temporary disability resulting from work-related injuries shall be included in the calculation of the insurance subscription periods in the three preceding clauses.

Article (39):

Taking into account the provisions of Article (34) of this Law, the old-age pension shall be calculated as one fiftieth of the average monthly wages due and paid on the basis of the insurance subscription during the last five years of the insurance subscription period. If the duration of the subscription is less than that, the pension shall be calculated based on the actual duration of the insurance subscription, multiplied by the number of years of the insurance subscription.

It is permissible to increase the pensions due or those eligible under this Law by a decision of the minister, with the approval of the board of directors, taking into account the provisions of the Legislative Decree No. (21) of 2020 regarding Retirement Funds and Pensions in Insurance Laws and Systems.

Article (41):

The pension shall be paid in the event of disability or death, calculated as one fiftieth of the last monthly wage paid on the basis of the insurance subscription, regardless of the duration of the subscription, multiplied by the number of years of the insurance subscription, unless calculating the pension according to the provisions of Article (39) of this Law yields a better result for the insured individual or his beneficiaries.

The pension shall not be less than (40%) of the last monthly wage referred to in the first paragraph of this Article.

In all cases, the pension may be increased in accordance with the provisions of the last paragraph of Article (39) of this Law.

Article (43):

The calculation of the lump sum compensation referred to in Article (38) of this Law shall be based on (15%) of the average monthly wages due and paid on the basis of the insurance subscription during the last five years. If the duration of the subscription is less than that, the compensation shall be calculated based on the actual duration of the insurance subscription, multiplied by the number of months of the subscription. If the duration of the insured individual's subscription is less than a full year, he shall be entitled to his contributions only.

Article (45):

When calculating the duration of the insurance subscription, fractions of a year shall be added together and rounded up to a year if they reach six months or more. Contributions shall be refunded if they fall below this threshold. The insured individual shall as well be allowed to complete fractions of a year by continuing the subscription in accordance with Article (44) of this Law.

Article (88) first paragraph:

It is not permissible to receive more than one pension eligible according to the provisions of this Law or any other retirement or insurance law or regulation. If entitled to more than one pension, the pension with the larger value shall be paid or the difference shall be provided to the entitled individual.

Article (104):

Insurance contributions shall be calculated based on the data provided in the forms and records referred to in articles (99), (100), and (101) of this Law. If the employer does not submit these forms with the accurate data, the due contributions shall be calculated based on the last submitted statement to the Organization or according to the findings of its investigations, until the actual contributions are calculated.

The Organization shall notify the employer of the contributions calculated in accordance with the first paragraph of this Article, as well as other amounts due to the Organization. The employer shall have the right to object to this claim within thirty days from the date of notification. The Organization shall respond to this objection within thirty days from the date of its receipt. Failure of the Organization to respond within the specified period shall be considered an implicit rejection of the objection.

In the event of the Organization's rejection of the employer's objection, the employer shall have the right to appeal the rejection decision before the competent court within thirty days from the date of the Organization's rejection or from the expiry of any of the specified periods in this Article. Otherwise, the count shall be considered final, and may not be revoked unless a calculation error is proven to the Organization.

The Minister shall issue a decision specifying the mechanisms, rules, and procedures related to investigation, notification and objection to the notification.

Article (135) Forth paragraph:

If the monthly pension exceeds the maximum limit mentioned in the preceding paragraph, the insured individual or his beneficiaries shall be entitled to an additional compensation, as a one-time lump sum, equal to 15% of the annual wage specified in Article (43) of this Law for each year of the years included in the insurance period beyond the necessary amount to qualify for the maximum pension limit. This compensation shall be subject to a maximum of seven years after deducting any deemed periods or other periods during which the insured individual did not pay insurance contributions.

Article Two

The term the “Minister" shall replace the phrases the “Minister of Labour and Social Affairs" and "the Minister of Labour" wherever they appear in the texts of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976.

The phrase "the fifty-fifth" shall be replaced by "the sixtieth" for the insured female individual wherever it appears in the texts of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976.

The phrase "Kingdom of Bahrain" shall replace the phrase "State of Bahrain" and the word "Kingdom" shall replace the word "State" wherever they appear in the texts of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976.

Article Three

A new Clause No. (14) shall be added to Article (4) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, and a fifth paragraph shall be added to Article (135) of the same law. Additionally, a new paragraph No. (d) shall be added to Clause (3) of the principles and conditions to be considered when using Schedule No. (4) attached to the same law, with the following texts:

Article (4) Clause (14):

14- The Minister: The Minister responsible for supervising the Organization.

Article (135) fifth paragraph:

The Authority may, at the request of the insured individual, convert the due compensation according to the preceding paragraph into an additional pension calculated in accordance with Article (39) of this Law, provided that the pension and the additional pension combined do not exceed 90% of the average monthly wages due to the insured individual and on the basis of which the insurance contribution was paid during the last five years. If the duration of service exceeds forty-five years, the employee shall be entitled to a bonus amounting to 15% of the annual wage specified in Article (43) of this Law, up to a maximum of two years.

Clause (3) Paragraph (d):

d- In all cases, the required amount for including the duration of previous service in the insurance subscription shall not be less than the bonus amount that was paid to the insured individual as a lump sum under any retirement or social insurance laws, plus an interest of (5%) annually from the date of receiving the bonus until submitting the inclusion request.

Article Four

With regard to the application of the provisions of Article (33) of Article One of this Law, the share that the insured individual is obliged to pay upon the enforcement of this Law shall be (6%) of his monthly wage, and shall be increased at the beginning of the year following the entry into force of the law to be the share specified in the same article.

The share that the employer is obligated to pay to the Organization monthly from the insurance subscription shall be (11%) of the wages of the insured individuals working for him. This is upon the enforcement of this Law, and it increases annually by a rate of (1%) until it reaches the share specified in the same article.

Article Five

Upon entry into force of the provisions of this Law, the monthly average provided for in Articles (39) and (43) of the Article One of this Law shall be calculated based on the wages due to the insured individual and on the basis of which the insurance subscription has been paid during the last two years of the subscription period. It shall be gradually increased by one additional year every twelve months starting from the month of January following the entry into force of this Law until it reaches the last five years of the subscription period.

Article Six

The provisions of Article (33) of Article One of this Law shall apply to the branches provided foir in Clauses (5) and (6) of Article (1) of the Social Insurance Law issued by Legislative Decree No. (24) of 1976, as well as to beneficiaries of the optional insurance provisions according to Article (44) of the same law, and beneficiaries of the provisions of Law No. (31) of 2005 regarding Social Insurance for Bahrainis Working Abroad and their Equivalents

Article Seven

The provisions of the replacement of Article (34) of the Article One of this Law shall not apply to the insured individual eligible for pension entitlement upon entry into force of this Law until one year has passed from its entry into force date.

The provisions of the replacement of Clause (3) of Article (34) of the Article One of this Law shall not apply to those whose service was terminated before the entry into force of the provisions of this Law.

Article Eight

Pensions due in accordance with the provisions of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 shall be increased by (3%) for the year 2021 and not more than thirty dinars, and (3%) for the year 2022 and not more than thirty dinars, upon the entry into force of the law.

Article Nine

Article (48) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 shall be repealed, and the Legislative Decree No. (15) of 1987 amending some provisions of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 and all its implementing decisions shall be repealed.

Any text that contradicts the provisions of this Law shall be repealed.

Article Ten

Non-Bahraini workers shall be subject to an end-of-service gratuity system, and a decision specifying the contribution rates, conditions and terms for calculating the end-of-service gratuity shall be issued by a decision from the Prime Minister, taking into consideration the provisions of the Labour Law for the Private Sector promulgated by Law No. (36) of 2012.

Article Eleven

The currently applicable decisions shall remain in effect as long as they do not contradict the provisions of this Law, until the necessary decisions are issued to implement its provisions.

Article Twelve

The Prime Minister and the ministers - each within his jurisdiction - shall implement the provisions of this Law, and it shall come into force from the day following the date of its publication in the Official Gazette.

King of the Kingdom of Bahrain

Hamad bin Isa Al Khalifa

Issued at Riffa palace:

On: 17 Ramadan 1443 A.H.

Corresponding to: 18 April 2022