Ministerial Edicts

PRIME MINISTERIAL EDICT NO. 12/1979 DATED 27-5-1979 WITH RESPECT TO FAMILY ALLOWANCES SCHEME

The Acting Prime Minister:

After referring to Amiri Order No. 2/1979 with respect to entrusting the Heir Apparent and Minister for Defence with the functions of the Prime Minister;

And Article 1 of the Law of Social Insurance issued as per Amiri Decree Law No. 24/1976;

And upon the submission of the Minister for Labour and Social Affairs;

And after the approval of the Council of Ministers; HEREBY ORDERS :

Article 1

The Family Allowance Scheme, which is provided for in Clause 7 of Article 1 of the Law of Social Insurance shall be applied in stages. The first stage shall cover pensioners and their beneficiaries who are benefiting from the above-mentioned Law and in accordance with the rules and provisions stipulated in this Edict.

The Family Allowance Scheme, which is provided for in the foregoing paragraph, is defined as the scheme for payment of additional allowances to the pensioners and their beneficiaries to enable them to maintain the family's standard of living.

Article 2

The Family allowance shall be paid to the pensioners and their beneficiaries in accordance with the provisions of the Law of Social Insurance of 1976, in such cases when the share of the beneficiary from the pension during the lifetime of the pensioner himself or after his death shall be less than the minimum provided for in paragraph 2 of Article 135 of the afore-mentioned Law, whether the pension shall be payable in accordance with the provisions of the first branch thereof with respect to insurance against old age, disability and death or in accordance with the provisions of the second branch thereof with respect to insurance against employment accidents. Such payment shall be made by increasing the monthly pension to the level of the above mentioned minimum. In all cases, such increase shall be deemed to be a family allowance for each of the beneficiaries.

It is essential for the beneficiaries, in whose favour such allowance is paid, to fulfil always the conditions for entitlement to pensions and payment of the allowance in their favour shall continue as long as they fulfil such conditions whether during the lifetime of the pensioner himself or after his death.

Article 3

The family allowance shall complement the pension of the pensioner himself or the pension of each of his beneficiaries, as the case may be, so that the pension may reach the minimum prescribed for each beneficiary, even if the total payable pension(s) and family allowances shall be in excess of the original value of the due pension.

Article 4

In case of one beneficiary or more forfeits, during the lifetime of the pensioner or after his death, one of the conditions relating to eligibility for pension which is provided for in Chapter VI of the Law of Social Insurance of 1976 and the passing of his/her share or their shares to other beneficiaries of the pensioner as the case may be, the family allowance shall be paid so as to complement the beneficiary's pension to reach the minimum provided for in Article 2 of this Edict. If the pension of one or more beneficiaries reached the afore-mentioned minimum or exceeded it without the said allowance, the family allowance shall be wholly or partially suspended in his/her or their regard, as the case may be.

Article 5

Payment of family allowances shall not be applicable in cases where any widow combines between her pension due form her husband and her own pension in her capacity as a pensioner, or between her pension from husband and her income from her job or occupation, as well as such cases where sons and daughters combine between two pensions which are payable with respect to their parents, unless the total monthly pension to which the beneficiary is entitled with respect to his father and mother, or his total share of the pension of either of them together with the salary of either parents, who is still alive, shall be less than the above-mentioned minimum; in this case, the rules of the family allowance which is provided for in this Edict shall be applicable.

Article 6

Payment of family allowances which are provided for in Article 2 of this Edict shall be made in favour of beneficiaries to pensioners personally during their lifetime. In case of the death of the pensioner himself, payment of such allowances shall continue to be paid to the widow for herself and in favour of other beneficiaries under her custody, or to the legal guardian or custodian of the minors as the case may be. The said allowances shall be paid to other adult beneficiaries as long as each of them fulfils the conditions relating to the eligibility to the pension.

Article 7

Bahraini pensioners and beneficiaries thereof who leave the country shall continue to be paid their pensions, in addition to which the family allowances which are mentioned in this Edict shall also be paid, as long as they constitute the cases which are determined by an order from the Minister of Labour and Social Affairs in compliance with Article 137 of the Law of Social Insurance of 1976.

Article 8

The General Organisation for Social Insurance shall be liable for the financial burdens arising from the implementation of these provisions and rules. Such financial burdens shall be divided between the fund for insurance against old age, disability and death and fund for insurance against employment accidents, each to the extent of the amount relating to it.

Article 9

The rules and provisions of this Edict shall be applicable to Bahraini pensioners and Bahraini beneficiaries thereof who receive regular pensions from the General Organisation for Social Insurance in accordance with the provisions of the above-mentioned Law. The said provisions shall be applicable with retrospective effect from 1st January 1978 and any due differences shall be payable by the above-mentioned Organisation.

Article 10

The Minister for Labour and Social Affairs shall implement this Edict which shall come into effect from the date of its publication in the Official Gazett

Hamad bin Isa Al Khalifa Acting Prime Minister

Dated: 27 May 1979

Published in the Official Gazette No. 1333 dated 31 May 1979.

Decision No (39) of 2014 applying the Insurance Branch to Self-Employed and Independent Professionals and the Insurance Branch To Employers

Prime Minister:

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

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

Decision No. (1) of 1995 applying the Insurance Section to Self-Employed and Independent Professionals and the Insurance Section to Employers;

And Decision No. (1) of 2003 amending the category of maximum monthly hypothetical income in the Insurance Section to Self-Employed and Independent Professionals and the Insurance Section to Employers;

And upon the submission of the Minister of Finance,

And after the approval of the Council of Ministers,

Hereby Decides:

Article (1)

In applying the provisions of this Decision, the following words and expressions shall have the meanings assigned to them below, unless the context requires otherwise:

Kingdom: The kingdom of Bahrain.

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

Organization: The Social Insurance Organization established by Law No. (3) of 2008.

The Insurance: Insurance for the self-employed, independent professionals, and insurance section for employers as stipulated in Clauses (5) and (6) of Article (1) of the Law.

The Insured: The voluntary participant in this insurance.

The Monthly Income Category: The assumed monthly income chosen by the insured within the limits specified in Article (6) of this Decision, based on which the monthly contribution to this insurance is calculated.

Article (2)

This insurance shall be optionally applicable to Bahraini nationals who engage in a business or an independent profession inside or outside the Kingdom, based on a license or an official permit issued by the competent authorities, as appropriate, upon a written request submitted in accordance with the designated form for this purpose. The provisions of the old age, disability, and death insurance section stipulated in the Law shall apply to them.

Article (3)

The following individuals are exempt from the application of the provisions of this resolution: those subject to any of the retirement and insurance laws in the Kingdom and pensioners who receive pensions in accordance with any of the retirement or insurance laws, except for partial disability pensions.

Article (4)

The insured shall meet the following conditions to benefit from the provisions of this Decision:

1) The insured must be at least eighteen years old and not exceed fifty Gregorian years at the commencement of participation to this insurance.

2) Along with the participation application, a recent medical certificate issued by the specialized medical committees of the Ministry of Health in the Kingdom shall be provided to verify their health condition.

3) The Organization shall approve the chosen monthly income category.

Article (5)

A special account for this insurance shall be allocated within the Organization's fund, consisting of the following resources:

1) Monthly contributions paid by the insured for this insurance.

2) Any amounts contributed by the insured to the Organization.

3) The proceeds from the account dedicated to the Organization's fund according to Decision No. (1) of 1995 applying the Insurance Section to Self-Employed and Independent Professionals and the Insurance Section to Employers

4) Subsidies, donations, gifts, and bequests that the Organization’s Board of Directors decides to accept for the benefit of this insurance account.

5) The proceeds of investing this insurance's funds.

The financial position of this insurance account shall be examined in accordance with the rules and regulations established for examining and determining the financial position of the Organization.

Article (6)

The insured individuals shall contribute to this insurance by the combined amount of the employer's share and the insured individual's share, as stipulated in the law, based on the chosen monthly income category by the insured.

The monthly income category at the start of participation shall be the minimum pension amount, up to a maximum of 2000 dinars (two thousand dinars). The insured individual has the right to modify the aforementioned monthly income category within a limit of 5% annually, provided that the increase is not allowed if the monthly income category reaches the maximum limit stated in Article (17) of the Law.

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.

The limits of the monthly income category may be amended by a decision of the Minister of Finance upon the proposal of the Organization's Board of Directors.

Article (7)

The Organization has the right to verify that the chosen monthly income category by the applicant for enrolment does not exceed the expected income level according to the nature of their activity or profession. The Organization may request the submission of supporting documents to confirm this in order to complete the registration procedures for insurance.

The Organization shall not proceed with the registration procedures mentioned in the previous paragraph unless the applicant for enrolment modifies the monthly income category and it is approved by the Organization.

Article (8)

The insured individual subject to the provisions of this insurance may request an extension of the enrolment period by adding a previous period, according to the rules and regulations stipulated in the Law, for a maximum of five years. This extension is conditional on the individual having completed this period after reaching the age of eighteen. The request shall be submitted in writing to the Organization using the designated form for this purpose, and the required amount shall be paid in accordance with Article (36) of the law.

Article (9)

The period or periods of enrolment in this insurance, including any previous periods, are considered continuous in calculating the qualifying periods for old age, disability, and death pensions, as well as in calculating the lump-sum compensation, whether it is mandatory or voluntary.

The entitlements of the insured individual and their beneficiaries arising from the implementation of this Decision are settled separately from any previous durations, and the final pension or lump-sum compensation is determined by the sum of the pensions or compensations resulting from the calculation of each period individually, based on the circumstances.

Article (10)

While considering the provisions of this Decision, the rights of the insured individuals and their beneficiaries who benefit from its provisions, whether related to old age, disability, death pensions, or lump-sum compensation, are settled according to the conditions and circumstances specified in the Law and its implementing decisions.

Article (11)

The enrolment of the insured individual shall be considered terminated automatically in the following cases:

1) The death of the insured individual.

2) Voluntary cessation of participation in the insurance.

3) Cessation of any of the licenses or permits stipulated in Article (2) of this Decision.

4) Failure to pay the contributions for a consecutive period of twelve months, starting from the beginning of the cessation. The insured individual shall be notified by acknowledgement of receipt to the address provided in the application for enrolment in this insurance or to the address subsequently specified in writing.

However, in the event of the termination of the insurance, the insured individual may rejoin the insurance within twelve months following the termination, provided that the insured individual submits a written request and pays all overdue contributions in a single instalment, according to the conditions and circumstances specified in the law.

Article (12)

The insured individual who has participated in this insurance for a minimum period of sixty months and is no longer subject to it for any reason is entitled to continue voluntarily in the insurance, according to the rules and regulations stated in Article (44) of the law.

Article (13)

An exception to the provisions of Article (6) of this Decision is that the insured individual who is a participant under Decision No. (1) of 1995 applying the Insurance Section to Self-Employed and Independent Professionals and the Insurance Section to Employers, has the right to increase the monthly income category by a maximum of 2000 dinars (two thousand dinars) as a one-time adjustment. This is subject to submitting a modification request within one year from the date of implementing the provisions of this Decision. This does not affect the right of the insured individual to adjust the income category stated by 5% annually, in accordance with the provisions of this Decision, while considering the provisions stated in Article (6) of this Decision.

Article (14)

In the case of adjusting the monthly income category, the retirement, disability, death pensions, and due compensations for the previous period shall be calculated based on the date of commencement of the adjustment of the income category separately from the subsequent period. The final pension or compensation is determined by the sum of the pensions or compensations resulting from calculating each period separately, according to the circumstances.

Article (15)

To be eligible for a disability pension, the insured individual must become disabled after enrolling in this insurance and before reaching the age of sixty, or before the insured individual reaches the age of fifty-five. The disability must permanently prevent the insured individual from personally engaging in any profession or activity to earn money. The disability shall be proven by a decision from the specialised medical committee or the appellate committee referred to in the Law, according to the circumstances.

Article (16)

All the provisions of the Law apply to the insured individuals and their beneficiaries, unless there is a specific provision in this Decision that addresses them separately and does not conflict with the provisions of the Law.

Article (17)

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

Article (18)

Decision No. (1) of 1995 applying the Insurance Section to Self-Employed and Independent Professionals and the Insurance Section to Employers shall be repealed.

Article (19)

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

Prime Minister

Khalifa bin Salman Al Khalifa

Issued on: 3 Dhu al-Hijjah 1435 A.H.

Corresponding to: 27 September 2014

PRIME MINISTERIAL EDICT NO. 5/1981 WITH RESPECT TO THE RULES GOVERNING EXCHANGE OF RESERVES BETWEEN VARIOUS RETIREMENT FUNDS

The Acting Prime Minister,

Having reviewed Law No. 13 of 1975 with respect to Rules of Retirement Pensions and Gratuities for Civil Servants and the Acts in amendment thereof;

And to Law No. 11 of 1976 with respect to Retirement Pensions and Gratuities for Officers and Servicemen of the Bahrain Defence Force and Public Security, and the Acts in amendment thereof;

And to the Social Insurance Law promulgated by Amiri Decree-Law No. 24/1976 and Amiri Decree-Law No. 12/1977;

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

And having obtained the consent of the Council of Ministers;

HEREBY DECREE :

Article 1

If any officer or serviceman of the Bahrain Defence Force or Public Security is employed, re-employed or transferred in or to a vacancy in the Civil Service where the person taking up such employment is treated in compliance with the provisions of Law No. 13 of 1975 with respect to Rules and Retirement Pensions and Gratuities for Civil Servants, his retirement entitlements shall be computed in conformity with the provisions laid down in this Law and in Law No. 11 of 1976 with respect to Retirement Pensions and Retirement Gratuities for Officers and Servicemen of the Bahrain Defence Force and Public Security, in proportion to the period spent in the civil or military service, provided that the aforesaid Law No. 13 of 1975 is complied with in respect of all other matters.

If any civil servant or employee is employed, re-employed or transferred in or to the Bahrain Defence Force or Public Security, being subject to Law No. 11 of 1976 with respect to Retirement Pensions and Retirement Gratuities for Officers and Servicemen of the Bahrain Defence Force and Public Security, his retirement entitlements shall be computed in pursuance of the provisions laid down in this Law and in Law No. 13 of 1975 with respect to Rules of Retirement Pensions and Retirement Gratuities for Civil Servants, in proportion to the period spent in the civil or military service, provided that the aforesaid Law No. 11 of 1976 is complied with in respect of all other matters.

Article 2

In case any officer or serviceman from the Bahrain Defence Force or Public Security or any civil servant or worker is employed, re-employed or transferred in or to a post in the private, public or co-operative sectors or in any joint venture, his retirement entitlements shall be computed proportionally on the basis of the period spent in the civil or military service, in the private, public or co-operative sectors or in employment in any joint venture, provided that the aforesaid Law No. 24 of 1976 is complied with in respect of all other matters.

In the event of any employment, re-employment or transfer of any employee previously engaged in the private, public or co-operative sectors or in any joint venture having been subject to Law No. 24 of 1976 in or to the Bahrain Defence Force or Public Security or the Civil Service, his retirement entitlements shall be computed proportionally on the basis of the period of service in the private, public or co-operative sector or in any joint venture in addition to the period of his civil or military service, provided that Law No. 11 of 1976 or Law No. 13 of 1975, whichever is applicable in his particular case, is complied with in respect of all other matters.

Article 3

In all the cases of employment, re-employment or transfer referred to in the preceding Article 1 and the first paragraph of Article 2, whether the State Treasury in respect of the military service or the General Organisation for Civil Service Retirement Fund in respect of the civil service, as the case may be, shall make payments to the authority undertaking the settlement of a retirement pension or retirement gratuities at the rate of 15% of the annual wage or salary based on the most recent wage or salary according to which the contribution is calculated. Such settlement shall be made for the total periods of service taken into account for the computation of the pension, including wholly or partially financed periods and unfinanced periods, if any, since such events are treated as though the individual concerned has resigned even if the conditions for eligibility to retirement pensions were satisfied prior to employment or transfer.

As for cases of employment, re-employment or transfer referred to in the second paragraph of the preceding Article 2, the General Organisation for Social Insurance shall make payment to the authority undertaking the settlement of a retirement pension or gratuity at the rate of 15% of the annual wage or salary based on the most recent wage or salary according to which the insurance contribution is calculated for all the periods taken into consideration for the pension.
The provisions of the following Article 4 shall be complied with in the computation of the period of service according to the terms and conditions set forth in the preceding two paragraphs.

Article 4

In the computation of the period of service in any of the sectors referred to in the foregoing articles, the fractions of a year shall be added and rounded up to one year of they amount to six months or more, However, if they are less than the said minimum, they shall be computed as they actually are when calculations are made of the amounts payable to the authorities mentioned in the preceding Articles, or upon the calculation of the final retirement pension.

Article 5

Where the employed, re-employed or transferred individual is eligible for a pension on grounds of an employment accident causing partial disability, the payment of his pension must continue to be made by the authority responsible for such pension. This authority shall be bound to make payment of the 15% referred to in the preceding Articles to the other authority for the whole of his period of employment on which basis the pension is calculated prior to the most recent employment, re-employment or transfer. He shall continue to combine the disability pension and the wage or salary whilst being in service. In addition, he shall combine his pension and his new entitlements.

Article 6

Subject to Article 6 of Law No. 13 of 1975, where the employed, re-employed or transferred individual was previously paid a leaving gratuity for a previous period of service from either of the two Funds referred to in this Edict, being namely the Civil Government Retirement Fund or the Military Retirement Fund, and should he wish to have the above period calculated in his pension, he shall be required to make payments on the basis stipulated in this Edict, either in a lump sum or in equal monthly instalments subject to interest at the rate of 8.5% per annum. It shall be stipulated that payments shall be made within a period of no more than 5 years as requested in writing by the individual concerned. However, if he dies before payment of all instalments, the entire period shall be calculated as though he has made all due payments and no instalments shall become payable following the death of the said individual. If there is a period of service of less than one year, for which no benefits are paid, the employed, re-employed or transferred individual who has already been paid a leaving gratuity (one lump sum), the amount due for the said period which is less than one year shall be computed in the amount to be transferred to the recipient authority, according to the same percentage of the salary or wage as set forth in the forgoing Article 3, provided that the terms of Article 4 of this Edict are complied with.

Article 7

The General Organisation for Social Insurance, the Military Committee for Retirement Fund at the Ministry of finance and national Economy, and the General Organisation for Civil Service Retirement Fund shall maintain an account in which shall be entered the retirement reserves which are to be transferred in respect of each individual subject to the provisions of the Edict. The exchange of amounts due to any of the above authorities shall take place with a period not exceeding 30 days from the date of employment, re-employment or transfer

Article 8

If the individual employed, re-employed or transferred in or to any job subject to the Social Insurance Law is eligible for the maximum pension stipulated in the Law under which he was covered, settlement of his entitlements shall be made and the maximum pension shall be paid thereto. In this particular case, the State Treasury or the General Organisation for Civil Service Retirement Fund shall not be responsible for making the 15% payments set forth in this Edict. The settlement of his new period of service shall be made according to the provisions of the Social Insurance Law in which case he will be entitled to a lump sum or pension as the case may be according to the said law and to continue collecting the said maximum of the pension referred to.
The provisions of the foregoing paragraph shall apply in the event of employment, re-employment or transfer in or to any of the job subject to the provisions of Law No. 13 of 1975, or in or to the Bahrain Defence Force or Public Security which are treated according to the provisions of Law No. 11 of 1976.

Article 9

In the implementation of the provisions of this Edict, employment or re-employment means each act involving a transfer of the individual. This shall not include cases of termination of service for justifiable causes, particularly the cancellation of the relevant post, dismissal on disciplinary or other grounds or resignation. The aforesaid 15% payments referred to in this Edict shall represent the proceeds of contributions deducted from the salary of the insured, or civil or military personnel in addition to the Government's or employer's contribution, as the case may be, including the annual interest charged at the rate of 5% thereof.

Article 10

The Minister of Finance and National Economy and the Minister for Labour and Social Affairs, each in his respective capacity, shall implement this Edict.
The above-mentioned Ministers shall issue the Ministerial Orders required for the implementation thereof.

Article 11

The provisions of this Edict shall apply to the cases of employment, re-employment or transfer taking place prior to the publication of this Edict in the Official Gazette, provided that the employment, re-employment or transfer have taken place following the date of putting into force the provisions of Law No. 13 of 1975, Law No. 11 of 1976 and Law No. 24 of 1976.

Article 12

This Edict shall be published in the Official Gazette. Subject to the provisions of the preceding Article 11, it shall come into effect from the date of its publication.

Khalifa bin Sulman Al Khalifa
Prime Minister

Dated: 28 January 1981
Published in the Official Gazette No. 1421 of 5 February 1981.

Decision No. (11) of 1989 Increase some provisions of the Implementing Regulation of the Building Regulation Law, promulgated by Legislative Decree No. (24) of 1976

The Prime Minister:

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

The second paragraph of Article (16) of the Social Insurance Law promulgated by Decree Law No. (24) of 1976 and amended by Decree Law No. (1) of 1985,

And the Prime Minister's Decision No. (15) of 1983 Increasing the Pensions of Beneficiaries and the Shares of Beneficiaries Subject to the Provisions of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976;

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

And after the approval of the Council of Ministers

Hereby Decides:

Article - 1 -

The percentage provided for in Article 39 of the Social Insurance Law promulgated by Decree-Law No. 24 of 1976 referred to herein, on the basis of which old-age, disability and death pensions for non-occupational reasons are settled, shall increase to one fiftieth of of the monthly average on the basis of which these pensions are calculated.

Article - 2 -

The minimum pension provided for in the first paragraph of Article (135) of the Social Insurance Law promulgated by Legislative Decree No (24) of 1976 and amended by Prime Ministerial Decision No (15) of 1983 shall be increased to eighty dinars per month for the beneficiary and to fifteen dinars per month for a single beneficiary or the entire salary on which the pension is calculated, whichever is less.

The supplement between what is initially due and the minimum amount referred to , whether for the beneficiary or for those eligible, shall be considered to be the family allowances provided for in the Social Insurance Law promulgated by Legislative Decree No (24) of 1976 referred to above.

Article - 3 -

The maximum pension, provided for in the third paragraph of Article (135) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 mentioned above, shall be increased to (80) per cent of the contribut ion wage or of the average wage on the basis of which the pension is estimated in each of the two branches. Insurance as the case may be, regardless of the amount which is due by way of pension.

Article - 4 -

The percentage provided for in Article (57) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 mentioned above, which is the percentage on the basis of which the total permanent invalidity pension or the death pension in the event of employment Personal injury is calculated, shall be increased to (80) per cent of the wage subject to contributions.

This increase is taken into account in the percentage of pensions settled for the partial permanent disability resulting from an injury to work, which is 30% or more of the total permanent disability. It is also taken into account in the estimation of one-time compensation for the partial permanent disability, which is less than 30% of the total permanent disability.

Article - 5 -

The pension increases provided for in Articles (1, 2, 3, 4) of this Decision shall be paid for all pensions due from the Public Authority for Social Insurance, regardless of their due date, provided that the increase is paid from the first of the month following the date of publication of this Decision in the Official Gazette and no previous differentials shall be paid.

As for the increase in the lump sum compensation, there shall be no payment except for the accidents occurring after the date of publishing this Decision in the Official Gazette.

All the costs arising from the implementation of this Decision shall be borne by the Public Authority for the Social Insurance.

Article - 6 -

The Minister for Labour and Social Affairs shall issue the necessary Orders for implementing this Decision and any text contrary to its provisions shall be repealed.

Article - 7 -

The Minister of Labour and Social Affairs shall implement this Decision which shall be published in the Official Gazette.

The Prime Minister

Khalifa bin Salman Al Khalifa

Issued on 12 Shawwal 1409 A.H.

Corresponding to 17 May 1989

Decision No. (9) of 1993 Increasing the Minimum Pensions Payable to the Persons Covered by the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976

Prime Minister:

Having reviewed the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 and the laws that amend it, in particular the Paragraph Two of Article (16), amended by Legislative Decree No. (1) of 1985;

Prime Ministerial Decision No. (15) of 1983 Determining an Increase in the Pensions of Beneficiaries & Shares of Their Eligible Heirs Under the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976;

And Prime Ministerial Decision No. (11) of 1989 Increasing Certain Benefits Payable Under the Social Insurance,

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

And after the approval of the Council of Ministers,

Hereby Decides:

Article- 1-

The minimum pension provided for in the Paragraph One of Article (135) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976 and amended by Prime Ministerial Decisions No. (15) of 1983 and No. (11) of 1989, shall be increased to one hundred and fifteen dinars per month for the beneficiary or to the full salary on which the pension is calculated, whichever is lower, and to twenty dinars per month for each eligible heir.

Article- 2-

Where pensions payable to beneficiaries and shares of pension to eligible heirs are equally divided between the beneficiary and his eligible heirs, and thus the share of each is less than twenty dinars, including the surviving beneficiary himself, or less than the prescribed ratios after his death, the amount of the share of each of the aforementioned shall be completed to the said minimum even if the total exceeds the beneficiary's determined pension or if the total of shares, including that of the beneficiary himself, exceeds the maximum pension set forth in the Social Insurance Law. The additional amount shall be deemed in all cases as a family allowance to the beneficiary himself and to his eligible heirs, and its payment shall continue so long as conditions of payment are fulfilled, whether during the life of the beneficiary or after his death.

Article- 3-

The increments referred to in the Article One of this Decision shall apply to all pensions due from the Social Insurance Organization, irrespective of the date being due therefrom but without retroactive payment of any difference for the past period.

Article- 4-

Financial obligations arising from the implementation of this Decision shall be borne by the Social Insurance Organization.

Article- 5-

The Minister of Labour and Social Affairs shall issue the necessary decisions to implement this Decision, and it shall come into force as of the first of the month following the date of its publication in the Official Gazette.

Prime Minister

Khalifa bin Salman Al Khalifa

Issued on 16 Shawwal 1413 A.H.

Corresponding to 7 April 1993

Decision No. (17) of 1998 Increasing Certain Benefits Payable Under the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976

Prime Minister:

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

Paragraph Two of Article (16) of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, amended by Legislative Decree No. (1) of 1985;

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

Prime Ministerial Decision No. (15) of 1983 Determining an Increase in the Pensions of Beneficiaries & Shares of Their Eligible Heirs Under the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976;

Prime Ministerial Decision No. (11) of 1989 Increasing Certain Benefits Payable Under the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976;

Prime Ministerial Decision No. (6) of 1993 Extending the Validity of Adding the Hypothetical Contribution Period to the Contributory Period of the Insured Persons in Calculating the Old-age Pension;

And Prime Ministerial Decision No. (9) of 1993 Increasing the Minimum Pensions Payable to the Persons Covered by the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976;

And upon the submission of the Minister of Labour and Social Affairs and with the approval of the Board of Directors of the Social Insurance Organization;

And after the approval of the Council of Ministers,

Hereby Decides:

Article One

The pensions payable at the effective date of this Decision by the Social Insurance Organization under the provisions of the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976, shall be risen by a “simple” increase of 3% for each year as of 1st January 1984 or of the date of eligibility for pension, whichever is the latter. In calculating the period for which this increase in payable, a fraction of the year equivalent to six months or more, shall be considered a full year. Any period less than six months will be disregarded. A fraction of the Fils shall be rounded to one hundred Fils provided the total amount payable monthly to the pensioner and his beneficiaries during his lifetime or thereafter, shall not exceed the Average or the Wage on the basis of which the pension has been calculated. The increase herein shall be part of the pension and be subject to the terms and conditions thereof.

Article Two

The minimum pension provided for in the first and second paragraphs of Article (135) of the Social Insurance Law, shall be increased to either one hundred and thirty five Bahraini Dinars a month per pensioner or to the total Wage on the basis of which the pension has been calculated, whichever is the lower, and to twenty five Bahraini Dinars per month per each eligible beneficiary, provided that the total amount payable to the pensioner and his eligible beneficiaries whether during his lifetime or thereafter, shall not exceed the Average or the Wage on the basis of which the pension has been calculated.

The supplemented difference in benefit between the pension to which the pensioner is eligible and the minimum referred to in the preceding paragraph, whether in the case of the pensioner or of his eligible beneficiaries, shall be treated as a Family Grant under the Social Insurance Law promulgated by Legislative Decree No. (24) of 1976;

Article Three

The hypothetical contributory period prescribed in Article (1) of Prime Ministerial Decision No. (6) of 1993 Extending the Validity of Adding the Hypothetical Contributory Period to the Contributory Period of the Insured Persons in Calculating the Old-age Pension is hereby extended permanently as of 1st December 1997. In calculating the old-age pension, there shall be added, on a one off basis, to the contributory period of a male insured person at the age of 60 years or more and a female insured person at the age of 55 years or more a hypothetical contributory period of five years in the event that the insured male or female has completed the contributory period referred to in both Clause (2) and Clause (3) of Article (34) of the Social Insurance Law.

It is provided always that the combined contributory and hypothetical period of a male or female insured person shall not exceed thirty years. If such a combined period is in excess of thirty years, the extra shall be deducted from the hypothetical period. It is further provided that prior to adding the hypothetical period referred to in the first paragraph of this Article, the contributory period or periods for which a lump sum compensation had been paid to the insured person under Article (38) of the Social Insurance Law, shall be added to the subsequent period or periods. This is to determine the eligibility of the male or female insured person to the hypothetical period or any part thereof within the aforesaid thirty-year limit.

Article Four

The pensions paid by the Social Insurance Organization shall be adjusted with effect from 1st July 1998 to conform to the provisions of this Decision. No difference shall be payable for any preceding period.

The aforementioned Organization shall bear the financial burdens resulting from the implementation of this Decision.

Article Five

The Minister of Labour and Social Affairs shall implement this Decision which shall be published in the Official Gazette.

Prime Minister

Khalifa bin Salman Al Khalifa

Issued on: 15 Rabi' al-awwal 1419 A.H.

Corresponding to 8 August 1998

Ministerial Edicts

MINISTERIAL EDICTS