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Article 54

Last updated 09/23/2021 15:22 PM
The insured or the pensioner may not be deprived of the pension or benefit unless by virtue of a disciplinary decision, provided that such deprivation does not exceed one quarter of the pension or benefit.

A judgment may not be passed to deprive the pensioner of the pension in accordance with the preceding paragraph unless for the actions carried out thereby prior to the termination of the service thereof.

No deduction or attachment of the due sums may occur in application of the provisions hereof against the pensioner or the beneficiaries thereof, unless for the payment of a judicially ordered alimony, for the payment of the sums due to the Government by the insured for reasons related to his job performance, or for the retrieval of the sums paid thereto without any right.

The sums deducted in such cases may not exceed one quarter of the pension. In case of competition, the priority shall be given to the alimony debt.

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Frequently Asked Questions

What periods may the Insured merge?

• Previous service periods with any employer subject to the provisions of the Federal Decree-Law

•Previous service period prior to acquiring the UAE nationality

•Previous service periods in any entity determined by the Cabinet

What are the conditions for an insured’s registration with the GPSSA?

• The individual must be a United Arab Emirates national

• The individual must be between the ages of 18 to 60

• The individual must be medically fit to work upon appointment, as evidenced by an approved medical report

• He/she must work for an employer subject to the provisions of the law applied by the GPSSA

If a pensioner from the GPSSA returns to work, and their pension disbursement was suspended because their salary was greater than the pension amount, and they contribute again under the provisions of the law, how will their service be settled in the future if they leave work?

· If they become entitled to a pension for their subsequent service period, they shall be disbursed the larger of the two pensions, whether it's the one they are entitled to for their previous service period or for their subsequent service period

· If they become entitled to a gratuity for their subsequent service period, the gratuity shall be disbursed to them, and the suspended pension shall be reinstated for disbursement

If an employer paid excess amounts to the GPSSA, is there a specific period within which they have the right to claim them back?

Yes, the employer may reclaim any amounts they paid to the GPSSA that exceed the required contributions, but under condition that they claim them within two years from the date of payment.

Is there a mechanism that the Insured, Pensioner, Beneficiary, or any interested party must follow to claim their rights and have reconsidered before resorting to litigation?

Before a rights holder can go to court, they must first appeal the pension or gratuity decision to the Insurance Appeals Committee formed by the Board of Directors, and this must be done within five years of becoming entitled to the pension or end-of-service payment. This means the committee must be petitioned before taking legal action against the employer, and the appeal has a five-year deadline. 

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