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"GPSSA" Leaves included in contribution scheme

Last Updated 26/08/2024 08:45
"GPSSA" Leaves included in contribution scheme

Abu Dhabi, 19 May 2022:  The General Pension and Social Security Authority (GPSSA) said any work-related leaves, whether paid or unpaid, fall within the contribution period by which the insured is entitled to a pension or end-of-service reward, noting that the responsibility to pay contributions due by an insured individual varies, depending on the reason for the leave granted by his/her employer.


According to the pension and social security law, the insured individual pays full contributions on behalf of the employer and him/herself in case of an unpaid leave, while both the insured and the employer bear their share of contributions according to what the law has determined in the case of a paid leave. However, the responsibility to pay the due amounts may vary in accordance to different circumstances.


Government sector employers are mandated to bear full contributions due from the insured in cases where he/she is accompanying a spouse for study leave purposes or if they are with their spouse who is a diplomat on a work mission, while an insured individual working in the private sector bears the full percentage of contributions on behalf of the employer and him/herself.


If the insured is on an external secondment period without pay, or on special leaves, they must pay their share of contributions and the employer’s.


If an insured employee working in a government sector applied for an unpaid study leave, both the employer and the insured individual are obligated to pay their share in contributions, while in the private sector, the employee bears the employer’s as well as their share of contributions. 


On internal secondments, if the entity bears the employee’s salary, both the entity and the employee must pay their monthly shares of contributions.


In the case of a sick leave, the insured individual must pay his/her share based on the actual contribution calculation salary received and the employer is mandated to pay their contribution for the full contribution account salary, whether the leave is paid or unpaid.


The employer under any given condition must continue to pay the monthly contributions in full based on the percentage due on the dates specified by GPSSA, subsequently the insured individual must ensure he/she pay their share to the employer. In cases where the insured is unable to pay their share to the employer, GPSSA deducts the amount paid from the insured’s end-of-service reward to return it to the employer.


Contribution amounts in the private sector are calculated at the beginning of each January, while in the government sector contributions are paid on the basis of the actual contribution calculation salary each month.
 

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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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