Decision No. (5) of 1981 regarding the Rules Regulating the Exchange of Reserves Between the Various Retirement Funds

The Council of Ministers

Decision No. (5) of 1981 regarding the Rules Regulating the Exchange of Reserves Between the Various Retirement Funds 

Prime Minister:

Having reviewed Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Allowances for the Government Employees and Workers, as amended; Law No. (11) of 1976 regulating Pensions and Retirement Allowances for Officers and Personnel of the Bahrain Defence Force and Public Security, and the Laws that amend it; the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 and Legislative Decree No. (12) of 1977; upon the submission of the Minister of Finance and National Economy and after the approval of the Council of Ministers,  

Hereby Decides:

Article One

If an officer or member of the Bahrain Defence Force or Public Security is appointed, reappointed or transferred to a civilian position whose occupants are treated in accordance with Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Allowances for Government Employees and Workers, whose retirement rights shall be settled in accordance with the provisions stipulated in this Law and the Law No. (11) of 1976 regulating Pensions and Retirement Allowances for Officers and Personnel of the Bahrain Defence Force and Public Security, according to the percentage of his combined civil and military service duration, while being subject to other provisions to Law No. (13) of 1975 referred to.  

If an employee or worker holding a civilian position is appointed, reappointed, or transferred to the armed forces or the public security forces, in accordance with Law No. (11) of 1976 regarding regulating Pensions and Retirement Allowances for Officers and Personnel of the Bahrain Defence Force and Public Security, his retirement rights shall be settled in accordance with the provisions stipulated in this Law and the Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Allowances for Government Employees and Workers while being subject to other provisions of Law No. (11) of 1976 referred to.  

Article Two

If an officer or member of the Bahrain Defence Force or public security or an employee or worker in the government civil service sector is appointed, reappointed, or transferred to a position in the private, public, cooperative or joint sector, their retirement rights shall be settled by a percentage of his military or civilian service duration and his service duration in the private, public, cooperative or joint sector, subject to the other provisions of Law No. 24 of 1976 referred to.  

If an appointment, reappointment or transfer occurs for any workers in the private, public, cooperative or joint sector treated in accordance to Law No. 24 of 1976 to the Bahrain Defence Force, Public Security or the government civil service, his retirement rights shall be settled by a percentage of his service duration in the private, public, cooperative or joint sector, and his military or civilian service duration with the government while being subject to other provisions of Law No. 11 of 1976 or Law No. 13 of 1975, whichever is applicable.  

Article Three

In all cases of appointment, reappointment or transfer mentioned in the preceding first Article and in the first paragraph of the second Article, the General Treasury of the State shall be bound, in the case of military service, and the General Organization of the Retirement Fund, in the case of government civil service, as the case may be, to pay an amount to the entity responsible for settling the pension or allowance, equivalent to 15% of the annual wage or salary on the basis of the last wage or salary on which the subscription was calculated. This payment shall cover the entire service period calculated for the pension, including both fully and partially funded periods, as well as unfunded periods, if any, based on the assumption that these cases are considered as resignations, even if the pension eligibility criteria have been met before the appointment or transfer.  

However, in cases of appointment, reappointment or transfer mentioned in the second paragraph of the preceding second Article, the Social Insurance Organization shall be bound to pay an amount equivalent to 15% of the annual wage or salary on the basis of the last wage or salary on which the insurance subscription was calculated, this payment shall cover the entire service period calculated for the pension.  

When calculating the service period according to the provisions of the preceding two paragraphs, the provisions of the following fourth Article shall be taken into consideration.  

Article Four

When calculating the duration of service in any of the sectors mentioned in the previous articles, fractions of a year shall be combined and rounded up to a full year if they reach six months or more. They shall be counted as they are if they are less than this threshold when calculating the amounts to be paid to the entities mentioned in the previous articles or when calculating the final pension.  

Article Five

If the appointed, reappointed or transferred person is eligible for a pension due to a work-related injury that resulted in partial disability, the pension shall continue to be paid by the entity responsible for it and that entity shall pay the 15% amount referred to in the previous articles to the other entity for each period of service calculated in the pension prior to the new appointment, reappointment or transfer. The accumulation between the disability pension and the salary or wage while in service shall continue and shall also accumulate with the new pension entitlements.  

Article Six

Taking into account Article Six of Law No. 13 of 1975, if the appointed, reappointed or transferred person has previously received an end-of-service allowance for a previous period from either of the two entities referred to in this decision, namely the Government Retirement Fund or the Military Retirement System, and he intends to include that period in the pension calculation, he shall pay an amount for it based on the provisions of this decision, either as a lump sum or in equal monthly instalments, at a rate of 8.5 annually, provided that the repayment period does not exceed five years, as per the preference expressed by the person concerned in writing. If he passes away before fully repaying all the instalments, the entire period shall be calculated as if he had fulfilled all due instalments, and no further instalments shall be required in case of death. If the appointed, reappointed or transferred person who had previously received an end-of-service allowance (lump sum compensation) for a service period of less than a year and his dues were not paid, this period shall be considered in the calculation by the receiving entity, and the same percentage of the salary or wage stipulated in the preceding Article Three shall be paid for it, taking into account the provisions of Article Four of this Decree.  

Article Seven

Both the Social Insurance Organization and the Military Retirement Committee at the Ministry of Finance and National Economy, as well as the General Organisation of the Civil Service Retirement Fund, shall be responsible for maintaining an account where the compulsory pension contributions for each individual subject to the provisions of this Decision shall be registered. The due amounts shall be exchanged among these entities within a period not exceeding thirty days from the date of appointment, reappointment or transfer.  

Article Eight

If the person appointed, reappointed or transferred to a position subject to the Social Insurance Law is eligible for the maximum pension stipulated in the law that he was subject to, his case shall be settled, and he shall receive the maximum pension. In this case, the General Treasury or the General Organisation of the Retirement Fund shall not be obligated to pay the 15% percentage stipulated for in this Decision. His new service period shall be settled in accordance with the provisions of the Social Insurance Law, and he shall receive any compensation or pension due under this law, while continuing to receive the mentioned maximum pension.  

The provisions of the preceding paragraph shall apply in the case of appointment, reappointment or transfer to a position subject to the provisions of Law No. 13 of 1975 or to the Armed Forces or the Public Security Forces, treated under the provisions of Law No. 11 of 1976.  

Article Nine

In applying the provisions of this Decision, appointment or reappointment shall include what falls under the concept of transfer, and it shall not encompass cases of service termination for reasons that warrant it, especially job cancellation, disciplinary separation, resignation, or any other similar cases. The 15% percentage mentioned in this Decision shall be representative of the total contributions deducted from the insured individual’s or government employee's salary, or the military personnel's salary, and the total amount contributed by the government or employer, as the case may be, including an annual interest estimated at 5% of it.  

Article Ten

The Minister of Finance and National Economy and the Minister of Labour and Social Affairs - each within his jurisdiction- shall implement this Decision and each shall issue the necessary decisions for its implementation.  

Article Eleven

The provisions of this decision shall apply to cases of transfer, appointment and reappointment, preceding its publication in the Official Gazette, provided that the transfer, appointment or reappointment occurred after the application of the provisions of Laws No. 13 of 1975, No. 11 of 1976, and No. 24 of 1976.  

Article Twelve

This Decision shall be published in the Official Gazette, taking into consideration the provisions of the preceding Article Eleven, and it shall come into force from the date of its publication.  

Prime Minister 

Khalifa bin Salman Al Khalifa 

Issued on: 22 Rabi' Al-Awwal 1401 A.H.  

corresponding to: 28 January 1981  

Council of Ministers Resolution No. (21) of 1981 on Granting an Increase to Pensioners and Their Beneficiaries from Among Civilian and Military Government Employees

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Decision No. (12) of 1982

The Prime Minister:

Having reviewed Legislative Decree No.16 of 1982 amending the provisions of Law No.13 of 1975 regarding Pensions and Retirement Allowances for Government Employees and Government Employees and the laws that amend it;

And upon the submission of the Minister of Finance and National Economy, Hereby Decides

Article One:

The provisions of Law No. 13 of 1975 regarding Pensions and Retirement Allowances for Government Employees and workers, as well as the laws amending it and the decisions promulgated for its implementation, apply to Bahraini employees and workers working for the Ruling Family Council.

Article Two:

The Minister of Finance and National Economy shall implement this decision and publish it in the Official Gazette.

Prime Minister

Khalifa bin Salman Al Khalifa

Issued on: 11 Rajab 1402 A.H.

Corresponding to: 5 May 1982

Resolution No. (5) of 1983 on Granting an Increase to Pensioners and Their Beneficiaries from Among Civilian and Military Government Employees

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Resolution No. (13) of 1986 Regarding the Amendment of Schedule No. (2) for the Assessment of Disability Degrees Annexed to Law No. (13) of 1975 on the Regulation of Pensions and Retirement Benefits for Government Employees and Workers

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Decision No. (13) of 1987 regarding an Increase in the Minimum Pensions

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Decision No. (14) of 1987 Approving the provisions of Law No. (13) of 1975

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Decision No. (13) of 1989 on the Application of the Provisions of Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Gratuities for Government Employees to Bahrain Stock Exchange Employees

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Decision No. (16) of 1989 on the Application of the Provisions of Law No. (13) of 1975 Regulating Pensions and Retirement Gratuities for Government Employees to the Employees of Tourism Projects Company (B.C.C.)

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Resolution No. (11) of 1992 Regarding the Increase of the Minimum Pension

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Resolution No. (13) of 1992 Regarding the Granting of the Annual Periodic Increase to Employees Retired on the First of January

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Resolution No. (14) of 1992 Concerning the Gratuity for Employees Subject to the Law on Pensions and Retirement Benefits Upon Termination of Service

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Resolution No. (18) of 1992 Regarding the Granting of Periodic Increases to Employees Referred to Early Retirement for the Years Added to Their Actual Service

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Resolution No. (11) of 1996 Regarding the Increase of Pensions for Pensioners, Retirees, and Their Beneficiaries

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Decision No. (1) of 1997 amending the Starting Date for Payment of the Increase Specified in Decision No. (11) of 1996 regarding the Increase in the Pensions of Pensioners, Retired Persons, and Their Beneficiaries

Prime Minister ad interim:

Having reviewed Emiri Order No. (22) of 1996;

And Decision No. (11) of the Prime Minister of 1996 regarding the Increase in the Pensions of Pensioners, Retired Persons, and Their Beneficiaries;

And upon the submission of the Minister of Finance and National Economy,

And after the approval of the Council of Ministers, Decides:

Article One

The starting date for the payment of the pension increase specified in the second paragraph of Article 1 of Prime Ministerial Decision No. (11) of 1996 regarding the Increase in the Pensions of Pensioners, Retired Persons, and Their Beneficiaries shall be amended as follows:

1- For pensions earned up to 31/12/1995, the increase shall be paid at a rate of (3%) per annum from 1 January 1997.

2- For pensions acquired during the period from 1/1/1996 to 31/12/1996, the start of the increase shall be at a rate of (3%) per annum, as of 1 January 1997, depending on the proportion of the period running from the date of award to 31/12/1996.

For pensions that are due as of January 1, 1997, the increase will begin to be disbursed at a rate of (3%) per annum from the following January, based on the proportion of the period from the date of award to the end of December each year.

4- If a pension is awarded on any day of the month, the increase shall be paid at the rate of (3%) per annum for the whole of the month in which the pension was due.

Article Two

The Minister of Finance and National Economy shall implement the provisions of this Decision, and it shall come into force from the date of its publication in the Official Gazette.

Prime Minister ad interim

Hamad bin Isa Al Khalifa

Issued on 3 Ramadan 1417 A.H.

Corresponding to 12 January 1997

Resolution No. (8) of 2001 Raising the Minimum Pension

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Decision No. (47) of 2002 regarding Adding Social Allowance to Pensions

Prime Minister:

Having reviewed Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Gratuities for Government Employees and the laws amending it, in particular Article (20), the last paragraph thereof;

Law regarding the Regulation of the 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, in particular, Article No. (22) third paragraph thereof;

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;

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

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

The Prime Minister’s Decision No. (11) of 1996 regarding Raising Pensions of Pensioners of Retired and their Beneficiaries;

The Prime Minister’s Decision No. (8) of 2001 regarding Raising the Minimum Pensions;

The Prime Minister’s Decision No. (10) of 2001 regarding the Amendment of the Social Allowance for Civil Servants;

Decision of the Minister of Defence and Deputy Commander-in-Chief No. (24) of 2001 amending the Regulation for Recruitment, Bonuses and Allowances in the Bahrain Defence Force;

And Decision of the Minister of Interior No. (70) of 2001 regarding the Doubling of the Social Allowance for Members of the Public Security Forces;

Upon the submission of the Minister of Finance and National Economy,

And after the approval of the Council of Ministers, Decides:

Article One

The social allowance, provided for by the Prime Minister’s Decision No. (10) of 2001 regarding the Amendment of the Social Allowance for Civil Servants, and Decision of the Minister of Defence and Deputy Commander-in-Chief No. (24) of 2001 amending the Regulation for Recruitment, Bonuses and Allowances in the Bahrain Defence Force, and Decision of the Minister of Interior No. (70) of 2001 regarding the Doubling of the Social Allowance for Members of the Public Security Forces, shall be added to the entitled pensions in accordance with the provisions of Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Gratuities for Government Employees, and the Law regarding the Regulation of the Pensions and Retirement Gratuities for Officers and Personnel of the Bahrain Defence Force, and Public Security, promulgated by Legislative Decree No. (11) of 1976.

This shall be by the percentage of the pension at the date of retirement.

Article Two

The prescribed percentage of the social allowance shall be entitled in accordance with the previous Article, even if the pension exceeds the maximum relative pension provided for in Law No. (13) of 1975 and Legislative Decree No. (11) of 1976 referred to both of them above. This percentage of the social allowance shall be added to the minimum numerical limit of the pension, after the eligible pension is raised to this limit.

Article Three

The percentage eligible for the social allowance, in accordance with Article One of this Decision, shall not be considered part of the pension

for the annual increase of pensions as provided for by the provisions of the The Prime Minister’s Decision No. (11) of 1996 regarding Raising Pensions of Pensioners of Retired and their Beneficiaries, nor for the estimation of substitute rights, nor for the entitlement of any of the bonuses provided for in both Law No. (13) of 1975 and Legislative Decree No. (11) of 1976 referred to both therein.

Article Four

The distribution of the percentage of the social allowance from the eligible or entitled pensions among the beneficiaries, including the employee, officer, individual, pension holder, or the retired, shall be carried out proportionally to their entitlement in these pensions.

Article Five

The provisions of this Decision shall not apply to injury disability pension that has not led to service termination.

Article Six

The Ministry of Finance and National Economy shall bear the financial burdens resulting from the implementation of this Decision.

Article Seven

The Minister of Finance and National Economy shall implement this Decision, and it shall come into force on January 1st, 2003.

Prime Minister

Khalifa bin Salman Al Khalifa

Issued on 25 Shawwal 1423 A.H.

Corresponding to 29 December 2002

Decision No. (48) of 2002 regarding Considering the Social Allowance as Part of the Monthly Basic Salary for Civil Servants, Officers, and Individuals in Relation to the Deduction of Retirement Contributions

Prime Minister, President of the Civil Service Council:

Having reviewed Law No. (13) of 1975 regarding the Regulation of Pensions and Retirement Gratuities for Government Employees, and the laws that amend it;

Law on the 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, and the laws that amend it;

Legislative Decree No. (12) of 1982 establishing the Civil Service Council;

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

Decree No. (5) of 1996 regarding the regulation of the Civil Service Bureau;

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

The Prime Minister’s Decision No. (10) of 2001 regarding the amendment of the Social Allowance for Civil Servants;

The Prime Minister’s Decision No. (39) of 2002 regarding Raising the Minimum Basic Salary Grades for Civil Servants Holding Ordinary Public Positions and the Shift System;

The Minister of Defence, Deputy Commander-in-Chief’s Decision No. (24) of 2001 amending the System Regulation of for RecruitmentUse, Bonuses and Allowances in the Bahrain Defence Force of 1978;

And the Minister of Interior’s Decision No. (70) of 2001 regarding Doubling the Social Allowance for Members of the Public Security Forces;

And upon the submission of the Minister of Finance and National Economy;

And after the approval of the Council of Ministers, Decides:

Article One

The social allowance stipulated provided for government employees, officers, personnel of the Bahrain Defence Force, and Public Security shall be added pursuant to the Prime Minister’s Decision No. (10) of the year 2001 regarding the amendment of the Social Allowance for Civil Servants, the Minister of Defence, Deputy Commander-in-Chief’s Decision No. (24) of 2001 amending the System Regulation for Recruitmentof Use, Bonuses and Allowances in the Bahrain Defence Force, and Tthe Minister of Interior’s Decision No. (70) of 2001 regarding Doubling the Social Allowance for Members of the Public Security Forces to the basic salaries of these employees, officers, and personnel, and it shall be considered an integral part of these salaries.

Article Two

The salaries referred to in the previous Article shall be considered the basis for deducting the retirement contributions prescribed in Law No. (13) of 1975 regarding regarding the Regulation of Pensions and Retirement Gratuities for Government Employees, and the Law on the 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.

Article Three

Any provision contrary to the provisions of this Decision shall be repealed.

Article Four

The Ministers -each within his jurisdiction- shall implement this Decision, and it shall be published in the Official Gazette and shall come into force from the first of January of the year 2003.

The Prime Minister

Khalifa bin Salman Al Khalifa

Issued on 25 Shawwal 1423 A.H.

Corresponding to 29 December 2002

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