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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 36: As amended by Federal Law no.7 dated 15/2/2007

Last updated 09/23/2021 14:54 PM

With exception to the provisions related to the prohibition of combination of two pensions, or a pension and a salary, such combination may take place in the following cases:

 

1 - Cases of combination between two pensions or between a pension and a salary prior to the enforcement of the provisions hereof.

2 - If the sum of the two pensions or of the pension and the salary paid to the pensioner does not exceed 9.000 Dirhams, otherwise, should the sum exceed the said amount, his right shall be limited to the sum not exceeding such amount.

3 - If the pensioner had spent in the Governmental work for which he is entitled to a pension twenty five years or more, he may combine between such pension and any salary paid thereto from any party in the State in a periodical manner, regardless of their combined value, with the exception of the cases set forth in Clauses (6 and 11) of Article 16 herein, where the provision of Clause (2) of the present Article shall apply.

4 - If the pension is entitled to the widow of the pensioner, she shall be entitled to combine her salary from her work, or her pension with the pension entitled thereto from her husband.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 35: As amended by Federal Law no.7 dated 15/2/2007

Last updated 09/23/2021 14:51 PM
The pensioner may not combine two pensions from the Committee. Should he be entitled to two pensions, he shall receive the larger of the pensions. Furthermore, he may not combine between the pension and any other salary paid thereto in a periodical manner from any other party in the State. Should the salary be higher than the pension, the pension shall be suspended until the end of his second service. However, should the salary be less than the pension, he shall be granted the difference between the salary and the pension. The pension shall be repaid upon the end of the service thereof.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 34

Last updated 09/23/2021 14:49 PM
The mother shall be entitled to a share of the pension of her deceased son should she be widowed, divorced, should her husband depend on her deceased son for his living, and should she have no salary or pension.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 33

Last updated 09/23/2021 14:47 PM
The siblings shall be entitled to a share of the pension of the deceased should they depend thereon for their living. Such shall be proven in accordance with the rules set by the Committee. The entitlement to the pension shall be subject to the conditions and limits referred to in Articles 29 and 30 hereof.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 32

Last updated 09/23/2021 14:45 PM
The father shall be entitled to a share of the pension of his deceased son should he depend thereon for his living. Such shall be proven in accordance with the rules set by the Committee.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 31

Last updated 09/23/2021 14:43 PM
Should the daughter, sister, or mother be widowed or divorced, and should the son or brother be incapable of making a living after the death of the pensioner, and should they have no other salary or pension, each thereof shall be entitled to the same amount entitled thereto at the time of death of the pensioner, without prejudice to the rights of the remaining beneficiaries in the pension. In the event of the suspension or cessation of the pension of any thereof, it shall not be transferred to any other.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 30

Last updated 09/23/2021 14:40 PM
The pension of the widow shall be discontinued upon her marriage. The pension of the daughter or sister shall be discontinued upon her marriage, employment or practice of a profession. The pension shall be repaid to the daughter or sister should she be divorced, widowed and has no other salary, pension or job.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 29

Last updated 09/23/2021 14:39 PM
The pension of the son shall be discontinued whenever he reaches 21 years of age. However, the payment of the pension thereto shall be carried on after having reached such age in the following cases:

1 - Should he be incapable of making a living and until the remedy of his disability.

Such disability shall be proven by virtue of a report from the competent medical committee, provided that the condition is reexamined every two years, unless the competent medical committee decides the improbability of his remedy.

2 - Should he be a student and until the employment thereof, or the practice thereby of a profession, or until he reaches twenty eight years of age, whichever is closer.

The payment of the pension to the student having reached the age of twenty eight shall be made during the academic year and until the end thereof.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 28

Last updated 09/23/2021 14:37 PM
Should the father of the children die during the life of his father, and should they have no pension from their father, the share of their father shall be transferred thereto as if he were alive.

Should the father of the children die after having collected the pension for his father, the share of their father in the pension shall be transferred thereto.

In both preceding cases, the provisions related to the suspension of the pension of the benefiting children shall apply.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 27

Last updated 09/23/2021 14:35 PM
Should the wife pass away upon the death of the insured or pensioner or thereafter, or should she remarry, her share shall be transferred to her children from him who benefit from the pension in equal shares among them. Should she have no children from him, her share shall be transferred to the widows of the insured or pensioner living at the time of her death, in equal shares among them. Should there be no widows, her share shall be transferred to the Committee.

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Frequently Asked Questions

What periods may the Insured merge?

<p>• Previous service periods with any employer subject to the provisions of the Federal Decree-Law</p>
<p>•Previous service period prior to acquiring the UAE nationality</p>
<p>•Previous service periods in any entity determined by the Cabinet</p>

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

<p>• The individual must be a United Arab Emirates national </p>
<p>• The individual must be between the ages of 18 to 60 </p>
<p>• The individual must be medically fit to work upon appointment, as evidenced by an approved medical report</p>
<p>• He/she must work for an employer subject to the provisions of the law applied by the GPSSA</p>

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?

<p>&middot; 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</p><p>&middot; 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</p>

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

<p>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.</p>

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?

<p>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.&nbsp;This means the committee must be petitioned before taking legal action against the employer, and the appeal has a five-year deadline.&nbsp;</p>

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