Abu Dhabi Official Gazette - 2023 Edition 11
This document amends Abu Dhabi retirement-pensions law, sets contribution and benefit rules, assigns Fund governance powers, updates some public transport tolls, and transfers ambulance-related competencies to the Department of Health.
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Abu Dhabi Official Gazette - 2023 Edition 11
This document amends Abu Dhabi retirement-pensions law, sets contribution and benefit rules, assigns Fund governance powers, updates some public transport tolls, and transfers ambulance-related competencies to the Department of Health.
The Official Gazette 01 December 2023 - The Eleventh Edition The Official Gazette The Eleventh Edition - The Fifty-Second Year Contents Pages Laws Law No. (18) of 2023 Amending Certain Provisions of Law No. (2) of 2000 Regarding Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi. 5 Decrees Amiri Decree No. (19) of 2023 concerning the Replacement of a Member of the Board of Directors of Abu Dhabi Fund for Development. 27 Executive Council Resolutions Executive Council Resolution No. (222) of 2023 Concerning the Child Protection Policy of Abu Dhabi (Dama Al Aman). 31 Executive Council Resolution No. (231) of 2023 Concerning the Amendment of Tolls of Public Transportation. 32 Executive Council Resolution No. (235) of 2023 Concerning Additional Competencies of the Department of Health. 34 Circulars Circular No. (1) of 2023 Concerning the Participation in the Climate Change Conference “COP28”. 37 1 Laws 3 swaL Law No. (18) of 2023 Amending Certain Provisions of Law No. (2) of 2000 Regarding Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi We, Mohamed bin Zayed Al Nahyan, Ruler of Abu Dhabi, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 2000 regarding the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: Article (1) 1. The definitions of “Chairman,” “Wage ,” “Age of Retirement,” and “Year and Month” contained in Article (2) of aforesaid Law No. (2) of 2000 shall be replaced with the following definitions: : Chairman The Chairman of the Board. : Wage 1. For the Active Members working in the Government (Pensionable Sector: Salary): The basic salary plus the cost-of-living allowance, the social allowance for children, the social allowance for citizens , the housing allowance and the Etihad allow- ance granted to Active Members up to a maximum of (100,000) AED. a. For the Chairman of the Executive Council, deputy to chairman, members of the executive council , and chairpersons of government departments and and the like: AED (150, 000). 5 b. For the Members of the National Consultative Council and municipal councils: Membership Benefits. 2. For the Active Members working in the private sector: The pensionable salary specified in the employment con- tract is a minimum of (6,000) AED and a maximum of (100,000) AED. 3. For the Trainees: The monthly remuneration specified for the trainee ac- cording to the benefit system to which the trainee is subject to. • The Board may determine the elements that are includ- ed in whole or in part in the pensionable salary in cases where Employers applies a payroll for their employees contrary to what is stipulated in the provisions of this Article and may set controls and determine the cost resulting therefrom. • The Board may decide to amend the minimum and set a maximum for the annual increase calculated in the pensionable salary, as well as the controls and mecha- nism for implementing that. The Executive Council may also, based on the Board’s proposal, amend the maxi- mum pensionable salary, or make an exception there- from. : Age of Sixty Gregorian years for females and males. Retirement : Year and The year is determined in accordance with the Gregorian Month calendar, and the month shall be regarded as 30 days for the purposes of implementing the provisions of this law.. 2. The expression "Minister of Health" shall be amended in the aforesaid Law No. (2) of 2000 to read "Chairman of the Department of Health," wherever it appears in the Law. 6 Article (2) The texts of Articles (9), (10), (12/f), (15), (17), (18), (22), (23), (27), (30), (31), (33), (35), (36), (39), (42), (43), (45), (46), (47), (67), (72), (73), (74) and (86) of Law No. (2) of 2000 referred to, shall be replaced by the following texts: Article (9) The Board shall be the competent authority to manage the affairs of the Fund and oversee its responsibilities. In particular, the Board shall undertake the following tasks: 1. Approve the budget, annual budgets and closing accounts of the Fund and its subsidiary companies for every fiscal year. 2. Approve the annual report about the Fund’s activities. 3. Approve the general insurance policy of the Fund. 4. Approve the Fund’s General Investment Policy. 5. Propose legislations related to the Fund’s mandate and submit them for approval according to the legislation in force. 6. Approve the general plan for investing the Fund’s funds and to authorize its deployment 7. Approve the organisational structure of the Fund. 8. Issue the Fund’s internal, financial, administrative, investment and operational regulations. 9. Appoint one external auditor or more for the Fund, from among the chartered auditors, provided that the latter submits his report to the Board within the period determined thereby. 10. Establish companies individually or in partnership with others , inside or outside the State , in implementation of its investment policy. 11. Allow the Fund and its subsidiaries to borrow, issue guarantees, warranties, bonds, sukuk, or any other debt instruments in accordance with the terms , conditions, and periods determined by the Board. 12. Propose human resources policies and regulations for the Fund and present them for approval by the Executive Council. 13. Appoint experts, consultants and subject matter experts on a temporary or permanent basis, determine their remuneration and seek the assistance of experts and consulting institutions and offices according 7 to the Fund’s needs and to achieve its objectives. 14. Form permanent and temporary committees from among its members or others to carry out the assigned tasks assigned to them. 15. Perform any additional duties or tasks as assigned by the Executive Council. Article 10 The Chairman shall submit reports on the Fund’s affairs and activities to the Executive Council within six months from the end of each fiscal year of the Fund. Article (12/f) Present the budget proposal and financial statements of the Fund to the Board within the period specified by the Board, accompanied by detailed statements on the assets, liabilities, revenues and expenditures, and a comprehensive report on the Fund's activities, financial position, and the investment aspects of its reserves. Article 15 1. First, the financial resources of the Fund consist of the following Active Members’ Retirement contributions which includes the following: a. The monthly contributions borne by the Active Members, which are deducted at the rate of (5%) from the pensionable salary. b. The monthly contributions paid by the Employer at a rate of (15%) of the pensionable salary. c. The annual contributions allocated in the general budget of the Emirate for the purposes of the Fund at 6% of the pensionable salaries of Active Members. 2. The Retirement contributions for new Active Members who are covered by the provisions of this Law as of (01/12/2023) and who do not have any previous contributions or registration in the Fund before this date, and the Retirement contributions the include the following: a. The monthly contributions borne by Active Members , which are deducted at the rate of (11%) from the pensionable salary. 8 b. The monthly contributions paid by the Employer at a rate of (15%) of the pensionable salary. 3. Additional amounts due under this Law. 4. The amounts due from Active Members as a result of adding previous periods of service or purchasing or increasing pension. 5. Proceeds from investing the Fund’s money. 6. Subsidies, donations, and grants provided to the Fund and approved by the Board. 7. Amounts adjudicated for violating the provisions of this Law. Second: Notwithstanding what is stated in this Article, the Executive Council may, based on the Board’s recommendation, amend the contribution rate of the Employer and Active Members, as well as redistribute the contribution rate among them. Article 17 For the purposes of calculating the Retirement Pension or benefit, Active Members mayadd the following periods: 1. The previous service period spent at the Federal Government, any public Entity or corporation, banks or companies, wherein the Federal Government is holding or had held shares in their capital. 2. The previous service period spent at the Government Sector. 3. The previous service period spent at a local department inany other emirtae , in any public entities or corporations, banks or companies, wherein one of the governments of the Emirates is holding or had held shares in their capital 4. The period of military service in the State. 5. The period of national service. 6. The previous service period in the private sector of the State. 7. The previous Period of Service outside the State, provided that the Active Member enjoys the nationality of the State during said period. 8. The previous Period of Service at embassies, consulates and international organisations operating in the State. 9. The Period of Service within the State prior to obtaining the nationality of the State. 9 10. Previous Periods of Service at any Entity as as determined by by the Executive Council based on a proposal of the Board. Article 18 1. In order to add the periods of service referred to in Article (17) of this Law, the following shall be fulfilled: a. Active Members shall express their desire to add these periods before the end of service, provided that the necessary certificates and documents are attached to their application. b. Active Members must not have received a Retirement Pension. c. Active Members shall commit to paying the cost of Adding Previous Service Period , which is equivalent for each month to (26%) of the pensionable salary on the date of submitting the request for Adding Previous Service . d. Active Members shall pay the cost of adding previous service period in one payment within two months from the date of approval of the request for Adding Previous Service. Otherwise, the request shall be considered cancelled unless it is agreed to pay the cost in instalments in accordance with the rules established by the Board. e. Any controls or conditions issued by a resolution of the Board. 2. If the Period of Service of Active Members ends without settling the the cost for adding previous service period, the added period shall be calculated corresponding to the amounts actually paid, except in the following cases: a. In the event that Active Members request payment of the remainder of the Benefit or pension, in which case the added period shall be calculated in full. b. In the event that Active Members requests to continue paying the remaining instalment of adding the previous service after the end of service, in which case the added period shall be calculated corresponding to the amounts actually paid. 3. If Active Members request to cancel the adding of the previous service before completing the payment of the full cost for adding the previous period, the added period shall be calculated corresponding to the amounts 10 actually paid. 4. Notwithstanding the previous provisions of this Article, the previous Period of Service of Active Members shall be added by default to Active Members’ subsequent service if no retirement benefit has been paid for such period or upon a request not to obtain the Retirement Pension or benefit for the same period. 5. The Board may set the necessary terms and conditions for implementing this Article. Article 22 It is permitted to purchase retirement pension eligibility , whether it is to complete the minimum Period of Service or age, and it is also permissible to purchase an increase of the Retirement Pension in accordance with the terms and conditions, and cost laid down by the Board. Article 23 1. The following groups are eligible for voluntary contributions to the Fund : a. Female Active Members who desire to devote their full time to child care and family obligations. b. Emirati citizens who desire to devote their full time to pursuing postgraduate studies. c.Any other categories that the Board decides to add. 2. The Board shall lay down the terms and conditions that regulate the voluntary contributions to the Fund to the Fund. Article 27 First: Active Members shall be entitled to a Retirement Pension upon the end of their service in any of the following cases: a. Death, total disability, or medical unfitness, regardless of the period of contribution in the Fund. Total disability or medical unfitness must be proven by a resolution of the Medical Committee. b. Reaching the Age of Retirement when the period of contribution to the Fund reaches at least (15) years. c. Retirement in accordance with an Amiri Decree or an Executive Council 11 Resolution, with the financial obligations related to retirement being borne by the treasury of Abu Dhabi Emirate. d. When the Active Member’s Term/Period of Contribution in the Fund is at least (25) years, provided that member age is not less than (55) years. e. Any other cases determined by the Executive Council based on the proposal of the Board. Second: Notwithstanding what is stated in Paragraph (d) of the First Clause of this Article, both the minimum period and age of pension eligibility of Female Active Members with children, shall be reduced as follows : a. For both the fifth child and the sixth child: Two years for the period and three years for the age per child. b. For the seventh child: Three years and a half for the period and four years for the age. The Board shall issue the regulations governing the implementation of the provisions of this paragraph. Third: In the cases stipulated in Clauses (a, c) of the First Clause of this Article, the Retirement Pension shall be calculated on the basis of the contribution period of (15) years or the period of actual service, whichever is longer, and shall be added to the Period of Service calculated in the pension should the service end due to death or Total Disability three nominal years or whatever completes the age of retirement, whichever is less. Fourth:Active Members, who are entitled to a Retirement Pension under Paragraph (d) of the First Clause of this Article, may request payment of a benefit instead of a Retirement Pension for the purposes of combining the period of pensionable service to their subsequent service period in the following cases: a. If Active Memberjoins an entity registered with another pensionfund. b. Any other cases determined by the Board. Fifth: The Retirement Pension shall be paid to Active Memberswhose service has ended and had the minimum Period of Service eligible for a Retirement Pension upon reaching the qualifying age. Article 30 • The Retirement Pension shall be calculated monthly at the rate of (3.2%) for 12 each year of contribution periods up to (25) years, and shall be increased by (2%) for each year in excess of that, up to a maximum of (100%), from the average pensionable salary for the last six years of the Period of Service of the Active Member or the period of actual service if it is less than that. • If the period of actual and added service exceeds the period qualifying for a Retirement Pension by (100%), the Active Member shall be granted a benefit for the excess period at the rate of three months’ pensionable salary for each year and it is calculated on the basis of the average pensionable salary for the last six years of Period of Service, provided that the Employer and the Active Member continue to pay the contributions related thereto, and the Board may lay down the mechanism and conditions for disbursing such benefit before the end of the Active Member’s service. Article 31 In calculating the Period of Service of Active Members, the part of the month shall be considered a full month. Article 33 The Retirement Pension must not be less than (10,200) AED per month, and the public treasury of the Emirate shall bear the resulting financial differences towards the Fund, and the Executive Council may increase this limit based on a proposal from the Board. Article 35 Beneficiaries listed hereunder, whether citizens ornon-citizens , who meet the entitlement conditions stipulated in this Law on the date of the death of the Active Member or the pensioner , shall be entitled to receive shares in the Active Member’s pension in accordance with Schedule No. (1) attached to this Law, from the first of the month following the date of death: a. Husbands or widows. b. Children. c. Parents. 13 Article 36 Conditions of Entitlement: 1. In order for the son to be entitled, he must not have reached the age of twenty-one years, with the following exceptions: a. The person who is incapable of earning a living, a matter to be proven by a resolution of the Medical Committee. b. The student at any level above the secondary school, provided that he does not exceed the age of twenty-four years. 2. In order for the daughter to be eligible, she must be unmarried and not working. 3. In order for the husband to be eligible, he must not be working. 4. In order for the father to be eligible, he must not be working and must have been dependent on his deceased son for his livelihood. Dependence on livelihood shall be proven by a certificate from the Competent Authority in the State. 5. For the mother to be eligible, she must be divorced or widowed, or her husband has been dependent on her deceased son during the latter's life and she is unemployed. Article 39 1. The Beneficiary’s share shall be ceased in the following cases: a. Joining work at any Entity in the State, with the exception of a widow. b. The marriage of a Female. Upon her first marriage, after entitlement to the share, the daughter shall be given a grant that is equivalent to her share in the Pension for six months. 2. The Beneficiary’s share shall cease in the following cases: a. The death of the Beneficiary. b. The son reaches the age of twenty-four, with the exception of: • The person who is incapable of earning a living. • A student at an educational level above secondary school, until he reaches the age of twenty-four, provided that the share of those who reach the aforesaid age remains during the school year until its end. 3. The daughter who joins work is excluded from Clause “1” of this Article. Her share in the Retirement Pension shall continue to be disbursed for a 14 period of five years from the date she joins work. The difference between the share and the salary of the subsequent years shall be paid to her if the salary is less than the share, unless the entitlement to the share ends for any other reason mentioned in this Article. In all cases, the pension shall be redistributed to the Beneficiaries. 4. Should the daughter or mother get divorced or widowed or leaves work after the death of theActive Member , and should the son become unable to earn a living as per a resolution by the Medical Committee, after the death of the Active Member or the Pensioner and they do not have a salary or any other pension, the pension shall be redistributed as they are among those entitled to it from the beginning of the month following the date of the incident of entitlement. Article 42 1. It is not permitted to receive two or more pensions from the Fund, in which case whichever is higher shall be paid; the widow shall be exempt and has the right to receive her Retirement Pension in addition to the Retirement Pension due to her on behalf of her deceased husband. 2. It is not permitted to receive both a Retirement Pension and a salary from any Entity subject to the provisions of this Law. In this case, the pension disbursement shall be suspended and will be re-disbursed if the salary is ceased. 3. Notwithstanding Clause (2) of this Article, it is permissible to receive the Retirement Pension and Salary from any Entity subject to the provisions of this Law in the following cases: a. Reaching the Age of Retirement. b. Entitlement to a Retirement Pension, and the period of the Active Member’s contribution is not less than (30) years. The Board may lay down any terms or conditions for the application of this clause. c. Any other cases as determined by the Executive Council. 4. In the event that a Pensioner to whom Clause (3) of this Article applies returns to work for an entity registered with the Fund, the pensioner will not be considered as an Active Member and contributions will not be paid on the Salary, unless the Active Member requests to cease paying 15 the Pension and registers with the Fund, in which case the entity shall have the obligation to register the Active Member and pay contributions for the Active Member in accordance with the provisions stipulated in this Law. The Board shall lay down the terms and conditions regulating this. Article 43 Subject to the provisions of Article (42) of this Law, if a Pensioner re-registers with the Fund, the Pensioner may request that the Pensioner’s previous Period of Service for which the pensioner was entitled to a Retirement Pension be added to the Pensioner’s new service, and all rights shall be settled at the expiration thereof on the basis of both periods added together, provided that the Board lays down the terms and conditions for adding these periods and the method of calculating the cost of adding previous service and payment method Article 45 If the Active Member’s service ends and the Active Member is not entitled to a Retirement Pension, the Active Member may request the payment of a retirement benefit for the Period of Service, provided that it is not less than one year. This benefit is calculated on the basis of the average pensionable salary of the last six years or the period of actual service if it is less than that, and it is calculated at the rate of one and a half months for each year of his first five years of service, then at the rate of two months for each year of his next five years of service, then at the rate of three months for each year in excess of that. Article 46 In the event of the death of the Active Member, the benefit due to the Active Member for the for Period of Service of shall be paid to the heirs and distributed in accordance with the legislation applicable in the State. Article 47 1. The Chairman of the Executive Council, deputy to the chairman, members of the Executive Council, chairpersons of government departments and 16 the like shall be entitled to a monthly Pension at the end of service in accordance with the following provisions: a. If the period of service in the position is five full years or more, the Active Member shall be entitled to a Retirement Pension equivalent to (100%) of the Salary. b. If the period of service in the position is one year or a part of a year, the Retirement Pension shall be calculated at a rate of (50%) of the pensionable alary and is increased by (10%) for each of the subsequent three years and by (20%) for the fifth year. c. In the event of Total Disability, Medical Unfitness, or death during the Period of Service of the Active Member in office, the Retirement Pension shall be calculated on the assumption that the Period of Service gives the Active Mmeber the right to a Retirement Pension that is equivalent to the pensionable salary. 2. If the total periods of actual service in office and the periods of combined service exceed (35) years, the Active Member shall be granted a benefit for the excess period at the rate of three months’ Salary for each year in the category of the last pensionable salary which the Active Member received. 3. The treasury of the Emirate shall bear the financial obligations resulting from the implementation of this Article. Article 67 If the Employer fails to submit the data required by Article (66) according to the conditions and date specified , the contributions due shall be calculated on the basis of the last statement submitted thereby to the Fund until the contributions actually due are calculated. In the event that no data is submitted at all or there are no records and documents that the Employer shall keep in accordance with the provisions of the Laws applicable in the State, the calculation of the contributions due shall be made as per a resolution by the Fund. The Employer shall have the right to appeal the resolution mentioned in the previous paragraph before the competent courts in the Emirate after filing a grievance against it before the Committee stipulated in Article (79) of this Law and in accordance with the deadlines stipulated therein. 17 Article 72 1. Employers must register their employees who are subject to the provisions of this Law with the Fund within one month from the date of joining their service. employees are required to notify the Fund in the event that the Employer abstains or neglects to register them with the Fund. 2. Employers must provide the Fund with the end-of-service form for their employees who are subject to the provisions of this Law within one month from the date of end-of-service. 3. The Board may lay down the necessary terms and conditions in order to ensure the Employer’s compliance with what is stated in this Article and may amend the terms stated therein and make exceptions from them. Article 73 The Government entities responsible for issuing licences or granting certificates pertaining to Employers shall condition the granting or renewal of such licences or certificates on the applicant's submittal of a certificate stating that the applicant has fulfilled all obligations towards the Fund. Article 74 Employers must keep records and documents related to the implementation of the provisions of this Law, including the medical report issued by the Competent Authority approved thereby, which proves the medical fitness of the Active Members to work upon appointment, and must provide the Fund with any data and documents required per the procedures and conditions set by the Fund. Article 86 1. The age of the Active Member must not be less than the age specified in the applicable laws to which the Entity is subject and must not be more than the age of retirement when registering with the fund. 2. The official document set to prove the age as issued by the Competent Authority in the State, shall be adopted in implementing the provisions of this Law. 18 Article 3 The following Schedule shall replace Schedule No. 1 appended to the aforesaid Law No. 2 of 2000: Schedule No. (1): 19 Number Entitled Shares in the Pension Widow(s) or Beneficiaries of the Pension An entitled children parents husband 1 A widow or widows, or an entitled 40% 40% 20% husband, /one child or more, /a father or mother or both. 2 A widow or widows, or an entitled 45% 45% - husband, /one child. 3 A widow or widows, or an entitled 50% 30% husband, /a father or mother or both. 4 A widow or widows, or an entitled 70% - - husband 5 A widow or widows, or an entitled - 50% 30% husband, /one child. 6 A widow or widows, or an entitled - 70% - husband, /a father or mother or both. 7 A widow or widows, or an entitled - - 60% husband 1. Schedule No. (1) Continued. If more than one Beneficiary are entitled to the share of the Pension, the share shall be distributed equally among them. 2. If the reason for suspending all or a part of the share no longer exists, the shares shall return to what they were beforesuspension . 3. Any remaining share that is not distributed to any individual shall be allocated to the Fund. Article 4 Transitional Provisions First: For the purposes of applying the provisions of this Article, the phrase “previous provisions” shall mean any provision that is effective before the application of the provisions of this Law, and the phrase “In-service Active Members ” means all Active Members who are subject to the provisions of Law No. (2) of 2000 and its amendments before the issuance of this Law. Second: Without prejudice to the acquired rights of the In-service Active Members when applying the provisions of this Law, the following transitional provisions shall apply: 1. Active Members who have fulfilled the conditions of entitlement to a Retirement Pension for the period of their service prior to the implementation of the provisions of this Law, including the Active Member who may request rounding off the number of months/years for the purposes of becoming eligible for the pension, shall retain their right to a Retirement Pension calculated in accordance with the previous provisions, in addition to what this Law stipulates for the period of his subsequent service. 2. Active Members shall retain their right to the Benefit due for the Period of Service exceeding (25) years of service before the provisions of this Law become effective. The Benefit shall be calculated in accordance with the previous provisions on the effective date of this Law, and shall be paid to Active Members at the end of service, and no entitlement percentage for such period shall be calculated in the Retirement Pension. 3. For the purposes of calculating the Retirement Pension and Benefit for the Active Member in the Government Sector, the average pensionable salary is calculated for the part of the years for the Active Member spent under the previous provisions based on those provisions, and is calculated for 20 the part Active Member spent under this Law according to its provisions. 4. First: For the purposes of calculating the Retirement Pension and Benefit for In-service Active Members, the following provisions shall apply: a. If the pensionable salary exceeds 150,000 AED in accordance with the following: • For the period preceding the implementation of the provisions of this Law, on the basis of the previous pensionable salary and in accordance with the provisions preceding its application. • For the period following the implementation of the provisions of this Law, on the basis of a maximum pensionable salary of 150,000 AED calculated in accordance with the provisions applicable under this Law. b. If the Salary is 150,000 AED or less, the maximum pensionable salary shall be 150,000 AED calculated in accordance with the provisions applicable under this Law. Second: Notwithstanding what was stated in the above paragraph (First), the Retirement Pension and benefit may be calculated for the entire Period of Service at the request of the In-service Active Members, on the basis of the pensionable salary and in accordance with the provisions of this Law. 5. The following transitional provisions shall apply regarding the minimum Period of Service and age required to be eligible for a Retirement Pension: a. For the Female Active Member who has children, the minimum Period of Service shall be increased from (15) to (25) years gradually by six months annually starting from the implementation of the provisions of this Law, or according to the conditions stated in Article (27) of the Law, whichever is better. b. For the Female Active Member who has children and has reached (50) years of age, the minimum Period of Service shall be increased from (10) to (15) years, and the age will be increased from (50) to (60) years gradually at a rate of six months annually, starting from the implementation of the provisions of this Law. 21 c. For the Female Active Member who has reached the age of (55) years, the minimum service limit shall be increased from (10) to (15) years, and the age will be increased from (55) to (60) years gradually at a rate of six months annually, starting from the implementation of the provisions of this Law. d. For the Active Member who has reached (60) years of age, the minimum Period of Service shall be increased from (10) to (15) years gradually at a rate of six months annually starting from the implementation of the provisions of this Law. e. The Active Member shall be entitled to a Retirement Pension in cases other than those stipulated in Clause (5) of this Article upon completing (25) years of service and reaching the age of (45) on the effective date of the provisions of this Law, provided that this age is increased by six months annually until the Active Member reaches (55) years of age. The Retirement Pension in the cases referred to in Clauses (b, c, d) shall be calculated on the basis of the Term of Contribution of (15) years or the actual Term of Contribution, whichever is longer. 6. Receiving two pensions, or Receiving a Retirement Pension and a Salary, shall continue for cases prior to the implementation of the provisions of this Law. 7. The previous Period of Service shall be considered continuous for the In- service Active Members who continue in service upon the implementation of the provisions of this Law. 8. The Board may lay down the terms for implementing the transitional provisions contained in this Article. 9. The Executive Council may amend or add to the transitional provisions contained in this Article. Third: Anyone who is entitled to a share in the Retirement Pension in accordance with the previous provisions shall continue to be entitled to the pension unless a reason arises that affects the continuation of the payment of the share after the entry into force of the provisions of this Law. 22 Article 5 • Articles No. (18/bis), (19), (20), (21), (30/bis), (32), (37), (38), and (44) (45/bis), (53), (59), (76), (81), (84), (87), (88), (89), and ( 100), (103), (104), (105), (106), (107), (108), (109), and (110) of aforesaid Law No. (2) of 2000 shall be repealed • Any provision contrary to the provisions of this Law shall be repealed. Article (6) This Law shall be published in the Official Gazette, and become effective from the date of its publication. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 13-November-2023 Corresponding to: 29 Rabi’ Al-Akhar 1445 Hijri 23 Decrees 25 seerceD Amiri Decree No. (19) of 2023 concerning the Replacement of a Member of the Board of Directors of Abu Dhabi Fund for Development We, Mohamed bin Zayed Al Nahyan, Ruler of Abu Dhabi, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law no. (10) of 1999 concerning the establishment of Abu Dhabi Fund for Development, and its amendments; • Amiri Decree No. (5) of 2023 concerning the reformation of the Board of Directors of Abu Dhabi Fund for Development; and • Based on what was presented to and approved by the Executive Council; Issued the following Decree: Article (1) A representative of the Department of Finance shall replace the Director of the Public Debt Office - Department of Finance as a member of the Board of Directors of Abu Dhabi Fund for Development. Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 17 November 2023 Corresponding to: 4 Jumada Al-Awwal 1445 Hijri 27 Executive Council Resolutions 29 snoituloseR licnuoC evitucexE Executive Council Resolution No. (222) of 2023 Concerning the Child Protection Policy of Abu Dhabi (Dama Al Aman) The Executive Council has decided the following: 1. Approve the adoption of the Child Protection Policy of Abu Dhabi (Dama Al Aman) in accordance with the attachment enclosed. 2. Instruct Abu Dhabi Early Childhood Authority to coordinate with the concerned entities to follow up on the implementation of the policy by ensuring that its provisions are included in the annual executive plans of the Authority and the entities concerned with implementing the policy. Saif Saeed Ghobash Secretary-General Issued on: 15 November 2023 Corresponding to: 01 Jumada Al Awllah 1445 Hijri 31 Executive Council Resolution No. (231) of 2023 Concerning the Amendment of Tolls of Public Transportation The Executive Council has decided the following: 1. Unify the toll for the “city” service and the “suburban” service to become the “inside the city” service toll. 2. Approve the tolls for “inside the city” service trips at a value of (2) AED, with an addition of (0.05) AED for each kilometre or part thereof. 3. The maximum toll for a single trip for the “inside the city” service is 5 AED if the length of the trip exceeds 60 kilometres. 4. Approve that changing buses shall be free within “inside the city” service trips, in accordance with the conditions specified by the Integrated Transport Centre in accordance with the applicable regulations and procedures. 5. Approve the weekly subscription price to become (35) AED, and the monthly subscription price to become (95) AED, with the expansion of their scope to the “inside the city” service. The prices for national families with limited income who benefit from Abu Dhabi Social Support Authority or the Ministry of Community Development are (30) AED for the weekly subscription, and (80) AED for the monthly subscription. 6. Approve the annual subscription for students for the “inside the city” service with an amount of (500) AED. 7. Provide free transportation for people of determination, the elderly, and children under the age of ten in the aforesaid “inside the city” service. 8. Approve tolls for services across cities at a value of (10) AED, in addition to a variable fee per kilometre amounting to (0.10) AED for basic services and (0.20) AED for premium services. 9. Instruct the Integrated Transport Centre, in coordination with the 32 Department of Municipalities and Transport, to carry out advertising campaigns regarding amendments made to the tolls for public transport buses in the Emirate of Abu Dhabi, three months before the decision becomes effective. 10. Committee Resolution No. (18) Session 29 of 2012 concerning the Tolls of Buses shall be repealed as well as any provision contrary to the provisions of this Resolution shall be repealed. 11. The provisions of this Resolution shall be effective three months after the date of its issuance. Saif Saeed Ghobash Secretary-General Issued on: 29 November 2023 Corresponding to: 15 Jumada Al Awllah 1445 Hijri 33 Executive Council Resolution No. (235) of 2023 Concerning Additional Competencies of the Department of Health The Executive Council has decided the following: 1. The competencies of organising ambulance services in the Emirate, in coordination with the relevant local entities, shall be transferred from Abu Dhabi Civil Defence Authority to the Department of Health, provided that the Authority continues to provide ambulance services in accordance with its Establishment Law No. (13) of 2020. 2. The Department of Health shall assume the following additional competencies: • Supervise and control land, sea and air ambulance service providers in the Emirate. • Manage volunteer work in the field of health emergencies and ambulances in coordination with the concerned entities in accordance with the applicable legislations. 3. Instruct the Chairman of the Department of Health to issue the resolutions required for the implementation of the provisions of this Resolution. Saif Saeed Ghobash Secretary-General Issued on: 29 November 2023 Corresponding to: 15 Jumada Al Awllah 1445 Hijri 34 Circulars 35 sralucriC Date: 28/11 /2023 Circular No. (1) of 2023 Concerning the Participation in the Climate Change Conference “COP28” To all governmental entities in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and express our sincere gratitude for your continuous cooperation to achieve public interest. In support of the efforts of the United Arab Emirates aimed at achieving the maximum benefit from the “COP28” event, and with the aim of ensuring that government entities and their employees benefit from the programmes, workshops and events that will be organised within the conference and exchange of experiences, and based on the approval of the Government Affairs Committee, we urge you to take what is necessary to ensure the participation of the largest number of employees on the days of the event for the period from 3 to 12 December 2023, by registering via the link (cop28.com) to enter the green zone at (COP28) during the foresaid period, taking into account that employees are allowed to attend the conference activities during working hours in accordance with the applicable regulations and the nature of the entity’s work. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Abu Dhabi Executive Office For inquiries and coordination, please contact the Human Resources Policies Sector in the Government Empowerment Department on phone number: 02 6997830 or via email: Pid@dge.gov.ae 37 United Arab Emirates The Emirate Of Abu Dhabi Issued By The Gereral Secretariat of The Executive Council of The Emirate Of Abu Dhabi Office of Legal Affairs Abu Dhabi - P.O. Box: 19 Tel: +971 26688446 Fax: +971 26669981
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Abu Dhabi Official Gazette - 2023 Edition 11
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