Social Insurance Law
PART 1: THE CONSOLIDATED ACT ON SOCIAL INSURANCE
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CHAPTER
XII Article 135* An old-age pension and a non-employment disability and death pension, as well as the pension for permanent total disability and death arising out of an employment injury shall be paid at a minimum rate of BD. 135/- per month; or the full wage subject to the social insurance participation if less than that, provided that in all cases it shall not be less than thirty dinars even if the insured worker is without pay. The minimum share of the pension of an heir including the pensioner himself, if the pension is divided among them, shall be BD. 25/- provided that the total amount payable shall not exceed the amount to which pensioner himself was entitled. *The maximum pension provided for in the preceding paragraph of this article shall be 80% of the wages on the basis of which the pension in both branches of the social insurance has been calculated as the case may be. Where
the monthly pension is in excess of the maximum referred to in the
preceding paragraph, the insured person or his heirs shall be entitled,
in addition to the pension, to compensation of a lump sum assessed
at 11% of the annual wages provided for in Article 43 for every
year reckoned in the period of participation in the social insurance
which is in excess of the maximum period required to quality for
the above mentioned maximum, after deducting any period deemed to
be contributory or other periods during which social insurance contributions
for the insured person have had not been paid. Such deductions shall not include the periods in private schemes reckoned in the period of pension in application of Article 35 hereof, nor the periods reckoned for the leaving indemnity. *First
was modified by Decree-Law No. 1/1985 as the text was 75% of the
average wage or BD. 350/- per month whichever is lesser; and this
amendment applied only to pensions due after the effective date
thereof and then the minimum pension was raised to BD. 80/- per
month for the beneficiary and BD. 15/- for each of the heirs, and
the ratio was raised to 80% by Prime Ministerial Edict No. 11/1989
published in the Official Gazette No. 1581 dated 18/5/1989; and
then the minimum was raised to BD. 115/- per month and the share
of each of the beneficiaries including the pensioner himself was
raised to BD. 20/- with the same conditions (Prime Ministerial Edict
No. 9/1993 published in the Official Gazette No. 2054 of April 1993). In the event of death of the insured person, the lump sum compensation referred to in the third paragraph above, shall be distributed on a pro-rata basis among the heirs. A fraction of one hundred fils which is fifty fils or more shall be rounded to one hundred fils, and any fraction of less than fifty fils shall not be taken into account. " **Also pensions which are payable by virtue of the application of the Law shall be raised according to the following :- First:
15% of the monthly pension if it is less than BD. 50 even if the increments mentioned in these two clauses shall result in exceeding the maximum determined for a pension in any of the aforesaid law. The increment stipulated above 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. The payment of the increment mentioned in the foregoing paragraphs shall not prejudice the Family Allowance Scheme determined in accordance with the Prime Ministerial Edict No. 12/1979." Article 136* Subject to the provisions of Article 39, 40 and 142 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. *
The new text is modified by Decree-Law No. 15/1987 published in
the Official Gazette No. 1773 dated 19 November 1987. 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 proviso 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 137 Pensions shall not be paid abroad to pensioners normally resident in the State of Bahrain except in cases to be prescribed by an Order of the Minister for Labour and Social Affairs upon a recommendation of the Board of Directors. Such Order shall specify the conditions and manner in which such payment may be made. Article 138 A non-citizen or his heirs shall be paid, upon final departure from Bahrain the following entitlements, provided his participation in the social insurance exceeds three years and that he does not qualify for any of the pensions prescribed in this law:
(1) This is
the modified text by Amiri Decree Law No. 27/1976 issued on 25th
August 1976. Article 140 Where
the death of an insured non-citizen occurs before leaving the country,
the entitlements referred to in clause (a) of both articles 138
and 139 above, shall be paid in full to those whom he so designated
in writing during his lifetime; otherwise such entitlements shall
be distributed in accordance with the rules of inheritance valid
in his own country. Article 141 Payment of the entitlements referred to in Articles 138, 139 and 140 above shall terminate any right arising out of the social insurances provided for herein. Article 142 An
insured person who has sustained an injury, or his heirs who are
beneficiaries under the provisions of this law, is not entitled
to compensation payable for an employment or non-employment injury
under any other law from the General Organisation. Article 143 The General Organisation shall be liable for the entitlements prescribed in Chapter V hereof for a period of one Gregorian calendar year from the date of the termination of service of the insured person if during such period symptoms of one of the occupational diseases listed in Schedule 3 annexed to this law are diagnosed and or if such symptoms become apparent during his unemployment or if he is engaged in an industry, occupation or work in which such a disease may not be contracted. Article 144 The General Organisation may commute the entitlement of a pensioner into a lump sum to be determined as the capital of the commuted value of pension, in accordance with Schedule 6 annexed to this Law. Such commutation shall be within the limits and under the conditions and in the manner and cases as specified by order of the Minister for Labour and Social Affairs upon a recommendation of the Board of Directors. Such pensioner may at any time request that such commutation be suspended. This Order of the Minister for Labour and Social Affairs referred to in the preceding paragraph shall include the relevant conditions and the sums which must be returned to the General Organisation in this event. Article 145 Such commutation shall be deemed to exist as from the date of accepting the assessment of the capital, and the instalments so due in repayment shall be deducted in advance from the pension in the manner determined by the Ministerial Order referred to in the preceding Article. Article 146 Payments due to the heirs of a pensioner who has commuted part of his pension, shall be settled as if such pensioner had not commuted any of his pension, and such heirs may not commute any part of their portion thereof. Article 147 The
provisions of Articles 144, 145 and 146 shall not apply to non-citizen
pensioners or their heirs under the provisions of this Law. | ||||||||||||||||||||||||