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Return-to-work conditions for retired Emiratis explained by the UAE’s pension authority

Last Updated 26/08/2024 08:43
Return-to-work conditions for retired Emiratis explained by the UAE’s pension authority

Abu Dhabi, 1 September 2022: A retired Emirati pensioner who wishes to work again may re-enroll with the General Pension and Social Security Authority (GPSSA) given that he/she is not 60 years old or above, and has decided to join an entity that is subject to the provisions of the federal pension law, highlighted the UAE’s pension authority today.


A pensioner must understand the provisions of the law prior to returning to work, since a pension is not released if the individual’s salary in the new job is equal to, or greater than, the pension salary received previously.


GPSSA however offers exceptions that enable a pensioner who returns to work to combine both pension and salary from his/her previous and new job, and those include: 
-Spending 25 years or more in the government sector without being terminated from his/her employment 
-Disciplinary court ruling or termination for reasons other than the mentioned pointers 1 to 5 in Article 16 of Law No. 7 of 1999 on Pensions and Social Security and its amendments


A widow on the other hand has the right to merge the pension under her own personal capacity as well as receive her deceased husband’s pension, i.e. it is permissible to merge the deceased husband’s pension alongside her salary from work.


“If those conditions are met and applied, the insured is subject to the insurance and contribution regulations, which are paid on their behalf, and if their period leads to a pension then they will receive the pension with the largest value, since it’s not allowed to receive two pensions from the GPSSA,” explained Hind Al-Suwaidi, GPSSA’s Head of Benefits Management Department.


“An end-of-service gratuity is paid if the individual’s service period is less than the required timeframe, which entitles them to receive a pension. According to the law, the pensioner is entitled to a pension for their previous and new service periods and is charged for the sum of the two together, by the end of the service period,” she added.


It is worth noting that to merge both service periods, the pensioner’s age upon return to work, must not exceed 55 years old. In this case, the individual is required to submit a request within a year from the date of their return to work and to refund the pensions they have been receiving previously based on their years of service in the new job.


GPSSA re-stressed the fact that the merge fees are calculated based on the difference between the pension calculation salary and the contribution calculation salary from the date of submitting the application. If the contribution calculation salary in the new job was equal to or less than the pension they were receiving on the date of application, the applicant does not incur any extra costs for the merge.
 

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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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