Articles

•New law applies to new UAE Nationals joining for the first time the labour market from the law’s publishing date onward in the entities subscribed to the Authority
•The law preserves current employees’ acquired rights as the Federal Law No. (7) of 1999 on Pension and Social Security will continue to cover those participating in it, even if they left their job and returned to new employment.


Key provisions of the new law:



•Raising the maximum contribution account salary for UAE nationals working in the private sector from (50) thousand to (70) thousand dirhams.
•Pension is calculated for both government and private sectors based on the average monthly contribution account salary according to the last (6) years of services.
•7 cases of the insured’s entitlement to a retirement pension.
•The insured woman who is married, divorced, or widowed may request retirement pension, where the minimum age and the subscription period may be reduced if she is a mother of (5) children and above. 
•Identifying the minimum age of the insured to be (55) years and the subscription period to (30) years for the insured to be eligible for retirement pension.
•The pensioner from the government sector or private sector, whose subscription period has reached (30) years has the right to combine the pension with a salary from a new job. 
•The monthly contribution for the insured is (26%) of the contribution account salary, of which the insured bears (11%), the employer bears (15%), and the government bears (2.5%) of the private sector employer’s share for the working UAE national whose monthly contribution is less than (20,000) dirhams, as a motivation to employ more UAE nationals.
•The insured who wishes to take unpaid leave (to pursue postgraduate studies, or the mother to care for her children) are allowed to maintain the subscription in the pension for the period of their leave in accordance with the terms and conditions set by the Authority.


UAE, November 17, 2023- The General Pension and Social Security Authority (GPSSA) has announced the issuance of the new Federal Decree Law No: (57) of 2023 on Pension and Social Security. The new law aims to improve the policies of the GPSSA and its work system, to ensure the efficiency and sustainability of the financial resources of pensions, and to honor the Authority’s future commitments. It also aims to enhance the flexibility of the pension and social security services in the UAE, and to mitigate any gaps in services and policies provided to the UAE nationals working in the government and the private sectors. Moreover, the Law will bring further equality in insurance benefits to encourage UAE nationals to join private sector companies.


The new Federal Decree Law will be applied to Emirati employees who joined the labour market for the first time from the date of its publication onward in organizations participating at the GPSSA. Current employees’ participants will continue to be covered by the provisions of the current Federal Law No. (7) of 1999 on Pension and Social Security. The pensioner who is receiving a pension in accordance with the provisions of Federal Law No. (7) of 1999 referred to or any previous law shall also continue to be covered by the current law. The insured person who has received an end-of-service bonus in accordance with the provisions of Federal Law No. 7 of 1999 or any previous law, will continue to be covered by the current Federal Law No. (7) of 1999, even if they started a new job after the issuance date of the new Federal Decree Law No. (57) of 2023.
 
The monthly contribution for the insured is defined in (26%) of their contribution account salary, the insurer bears (11%) of the insured’s contribution account salary, the employer bears (15%) of the insured’s contribution account salary, and the government bears (2.5%) of the private sector employer’s share for working Emirati nationals whose contribution account salary is less than (20,000) dirhams, to encourage recruiting UAE nationals in the private sector.


To unify general rules between government and private sectors, the pension calculation mechanism is determined based on the average contribution account salary of the last six (6) years of subscription period (or, if less, the entire contribution period) for employees of both government sector and private sector.


In accordance with the provisions of the new Decree Law, the insured employee is authorized to consolidate previous periods of service, for any employer to whom this Decree Law is applied, to their total pension. The insured can also consolidate the period of service prior to acquiring the nationality of the UAE, and the periods of prior service in any entity approved by the UAE Cabinet at the suggestion of the Authority's Board of Directors.


The minimum age for the insured person to be entitled for a retirement pension is 55 years, with a minimum subscription period of 30 years. In support of the family’s vital role in society, the new Law grants working mothers’ more flexibility and benefits. It stipulates that the working mother can apply for retirement pension entitlement in younger age and shorter subscription period. She is also authorized to maintain her optional subscription if she has chosen to take leave to care for her children, in accordance with the terms and conditions. The new Law authorizes the insurer to benefit from optional subscription in case they requested an unpaid leave to pursue postgraduate study.


The monthly subscription salary for the government sector consists of the basic monthly salary of the insured person, in addition to the monthly allowances, including: the cost-of-living allowance, the social allowance for children, the social allowance for UAE nationals, and the housing allowance, provided that the value of insured’s contribution account salary should not exceed (100,000) dirhams; however, in the private sector, the wage is determined by the employment contract, provided that the monthly subscription amount is not less than (3,000) dirhams and does not exceed (70,000) dirhams.


The new law allows the insured to request the purchase of a nominal period of adjoining to be added to their actual service periods provided that they have worked actual period of service of at least (25) years when submitting the purchase request, or a period of (15) years if they have reached the age of (60) years. The period required to be purchased should not exceed (5) years for both men and women.


The new Federal Decree Law introduced further equality between insurers from government and private sectors. The pensioner whose subscription period has reached (30) years, has the right to combine the pension with salary, regardless of their value. This combination applies to retirees from the government and private sectors. The Law also stipulates that the payment of the pension shall be suspended if the pensioner joins a new job covered by the provisions of the new law in exchange for compensation (whether a monthly salary, a lump sum, or a reward) if this compensation is equal to or greater than the value of the pension, and they will be paid the difference if the new salary is less than the pension amount. The pension will be repaid at the end of service in accordance with the provisions of the Decree Law.


The Law has authorized the GPSSA to set the executive regulations and conditions for employers and self-employed people to benefit from this new Federal Law. A decision shall be issued by the Minister of Finance after the approval of the Authority’s Board of Directors. The GPSSA is also authorized to draft the necessary executive regulations and conditions to apply the provisions of the Gulf Cooperation Council (GCC) Insurance Protection Extension Program.