Tanzania Act or statute

Parliament of Tanzania

The Social Security Laws (Amendments) Act, 2012

This section gives the short title and commencement, and introduces an amendment to the Social Security Laws. This provision is titled as an amendment to sections 2 and 3. This section lists amend…

actuarial evaluationactuarial valuationadministrationadministrative applicationadministrative reviewamendmentappeals and reviewapplication processappointmentsasset valuationauditauditingbankruptcybenefit overpaymentbenefit packagebenefit ratesbenefitsbenefits administrationbenefits claimsbenefits exemptionboard compositionboard governancecivil recovery proceedingscollateral valuationcommencementconflict of interestcontribution resumptioncontributionscontributions recoveryCompany lawcriminal proceedingsdebt recoverydefinitionsemployee benefitsemployee contributionsemployee coverageemployee retirement notificationemployer complianceemployer contributionsemployer notificationemployer obligationsEmployment lawemployment statusemployment termsexemption applicationfinancial reportingfund administrationfund claims processingfund contribution recoveryfund governancefund investmentfund investment proceduresfund managementfund paymentfund paymentsfund remittancefund supervisiongovernancegratuitiesgratuitygratuity entitlementhome mortgage benefitsincomeinspector protectioninsurance claimsinsured contributionsinsured personsinvalidityinvestigationsinvestment controlsinvestment decision-makinginvestment procedureslate payment penaltyleave without salarylegislationlegislation amendmentlegislation changelegislation draftinglegislative amendmentleviesmedical board decisionsmedical caremember contributionsmembershipmembership eligibilitymembership representationmortgage collateraloffice tenurepayment deadlinespaymentspayroll contributionspenaltiespensionpension benefitspension contributionspension entitlementpension recoverypension schemepension settingpensionsprosecutionprosecution consentprudential compliancepublic administrationpublic financepublic fund administrationpublic office tenurepublic officer applicationspublic prosecutor appointmentpublic service pensionsrate reviewre-appointmentrecords accessregistrationregistration/insurance exceptionsregulatory amendmentregulatory approvalregulatory complianceregulatory directionsregulatory enforcementregulatory functionsregulatory oversightregulatory reportingregulatory submissionrepealreportingreporting obligationsretirementretirement benefit paymentretirement benefitsscheme administrationscheme integrationself-employed coveragesocial securitysocial security contributionssocial security lawsocial security regulationstatutory amendmentstatutory amendmentsstatutory draftingstatutory interpretationstatutory namingstatutory repealstatutory revisionsupervisionsupervisory powerssurvivors pensionterm of officeterminal benefitstermination

Jurisdiction: Tanzania
Structure: 232 provisions
Citation: The Social Security Laws (Amendments) Act, 2012
Dates: Legal dates not recorded

More statute details

Dates: Legal dates not recorded

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This section gives the short title and commencement, and introduces an amendment to the Social Security Laws.”

This section gives the short title and commencement, and introduces an amendment to the Social Security Laws. This provision is titled as an amendment to sections 2 and 3. This section lists amendments and additions to several sections of the Act. This section lists amendments, additions, and a repeal affecting several sections and the First Schedule of the National Health Insurance Fund Act. This section says the Schedule is amended.

How the instrument operates

01
Start with the recorded version

Legal dates not recorded. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Section 2

This section gives the short title and commencement, and introduces an amendment to the Social Security Laws.

Section 2

Section 20

This section amends the principal Act by inserting a new section 43A after section 43.

Section 20

(1) The Board shall be

The Board must manage and control the Fund and prepare financial reports, and those reports must include specified financial details and any other information the Authority requires.

Section 71A

The principal Act is amended in section 38, by

This section amends section 38 of the principal Act by replacing paragraphs (b), (c), and (d) with new paragraphs.

Section 108

The principal Act is amended in section 13,

The section changes how the Board is made up and who appoints its members, and it requires prior consultation for Zanzibar-based appointments.

Section 152

Source and current-law status

Source record view

Source record from oagmis.oag.go.tz · Legal dates not recorded

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 232 of 232 provisions

Amendment 105Repeal 68Substitution 40Provision 14

§ 2Section 2Short title

This section gives the short title and commencement, and introduces an amendment to the Social Security Laws.

2. Short title and commencement. Amendment of Social Security Laws. PART II A m e n d m e n t o f i h e L o c a l A u t h o r i t i e s P e n s i o n s F u n d A c t , C a p . 4 0 7 Construction.

Section 2Verify source

Part

PART II

§ 3AAmendment of section 2Amendment

This provision is titled as an amendment to sections 2 and 3.

3A. Amendment of section 2. Amendment of section 3.

Section 3AVerify source

§ 9Section 9Amendment

This section lists amendments and additions to several sections of the Act.

9. Amendment of section 16 9 A . Addition of section 18 A. !0. !0A. Amendment of section 19. Amendment of section 22. II. Amendment of section 24. .2. Addition on section 27A. 1 3 . Amendment of section 29. '.4. Addition of section 29A. '.5. Amendment of section 30. ".6. Amendment of section 35. Amendment of section 38. : \ No. 5 The Social Security Laws (Amendments) Act, 2012 2012

Section 9Verify source

§ 28Section 28Repeal

This section lists amendments, additions, and a repeal affecting several sections and the First Schedule of the National Health Insurance Fund Act.

28. Amendment of section 39. Addition o f section 43 A. Amendment of section 49. Amendment o f section 50. Amendment of section 59. Amendment o f section 60. Repeal of section 65. Amendment o f section 78. Amendment of section 81. Amendment of the First schedule. PART III A m e n d m e n t o f t h e N a t i o n a l H e a l t h I n s u r a n c e F u n d A c t, C ap. 395 Construction.

Section 28Verify source

§ 3This Part shall be read as one with the LocalProvision

This Part must be read together with the Local Authorities Pensions Fund Act, which is called the principal Act.

3. This Part shall be read as one with the Local Authorities Pensions Fund Act, hereinafter referred to as the “principal Act.”

Section 3Verify source

§ 3AThe principal Act is amended by repealing section 2Repeal

This provision amends the principal Act by repealing section 2 and replacing it with a new section.

3A. The principal Act is amended by repealing section 2 and substituting for it the following new section: This Act shall apply Tanzania in relation to a person who is- “Application

Section 3AVerify source

§ 2Section 2Amendment

This fragment appears to describe people in Mainland who are employed in the informal or formal sector, or who are self-employed, with an exclusion for persons already registered or insured under another written law.

2. in Mainland (a) employed the informal sector; and in formal or (b) self-employed, other than a person who is registered or insured under any other written law." Amendment o f section 3 Cap. 197

Section 2Verify source

§ 4The principal Act is amended in section 3, bySubstitution

This section amends section 3 of the principal Act by adding and replacing several definitions.

4. The principal Act is amended in section 3, by - (a) inserting in their appropriate alphabetical order the following new definitions- Cap. 135 “Authority” means the Social Security Regulatory the Social Authority as established under Security Regulatory Authority Act; “actuarial valuation” means valuation of the assets and liabilities of a scheme made by an actuarial who is an expert in the science of calculations of insurance risks and rates of premiums and contributions; “actuarial report” means a report prepared by an actuarial who undertakes actuarial valuation under this Act; “ Bank” means the Bank of Tanzania established by the Bank of Tanzania Act; Cap. 197 “beneficiary” means a person entitled it this Act and benefits under member and survivor; to receive includes a 8 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 “ bonus” means an additional payment to a member or contributor after attaining the compulsory age o f retirement and opts not to retire for some years and continue the additional years; to contribute for “bonus rate” means additional factors multiplied to a to determine bonus beneficiary’s benefit payment as determined by an actuarial; and “contributing employer” means an employer who has the statutory obligation to make contributions to the Fund under this Act; “formal sector” means the sector which includes employers and employees who have entered into or a apprenticeship contract contemplated in the definition o f employee; construct or employment of any other “ informal sector” means the sector which includes workers who work informally and who do not work in terms of an employment contract or the contract any other definition o f employee; contemplated in “member” means a person employed in the formal or informal sector within Mainland Tanzania, but does not include a person who has been registered or insured under any other written law; “self employed” means a person who does not work in or contract term employment other in the definition o f the of any contract o f or terms apprenticeship contemplated employee.” (b) deleting the definition of the terms - (i) “actuarial” and substituting for it the following: “actuary” means a person trained to understand risks and probabilities and to apply such s k ills to the fin a n c ia l problem especial those involving uncertain future events 9 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 such human mortality and mobility and is a member of an institute, society or association o f actuaries approved by the Authority, “employee” and substituting for it the following: (ii) “employee” means an individual who- (a) (b) (c) (d) entered into a contract of has entered employment; or has any other into contract in which the individual undertakes to work personally for the other party to the contract the other party is not a client or customer o f any profession, business, or undertaking carried on by the individual; or is deemed to be an employee by the Minister under section 98(3) of the Employment and Labour Relations Act; or is deemed to be an employee in accordance with section 61 of the Labour Institutions Act. it the for “salary” and substituting (iii) following: “salary” means gross salary o f the member payable to an employee in consideration of the service rendered under the contract of service or apprenticeship or any other form o f office of call, excluding bonus, commission, cost of living allowance, overtime payment director’s fees or any other additional em oluments;” 10 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 4

Section 4Verify source

§ 5The principal Act is amended in section 4, bySubstitution

This section changes the wording in section 4: “Local Authorities Pensions Fund” is replaced with “LAPF - Pensions Fund.”

5. The principal Act is amended in section 4, by deleting the words “Local Authorities Pensions Fund” appearing in subsection (1) and substituting for them the words “LAPF - Pensions Fund” . Amendment o f section 7

Section 5Verify source

§ 6The principal Act is amended by repealing section 7Repeal

This section amends the principal Act by repealing section 7 and replacing it with new text.

6 . The principal Act is amended by repealing section 7 and substituting for it the following:

Section 6Verify source

§ 7(l)Amendment

The Board must manage and administer the Fund under the Act, related regulations, and Authority directives, and it must submit annual financial and other reports to the Authority.

7.-(l) “Management The Board shall be responsible for the management and administration o f in accordance with: (a) the Fund made the provisions o f '^is Act and regulations thereunder; the Social Security Regulatory Authority Act and regulations made thereunder; and the and guidelines directives as may be issued the Authority. by (b) (c) (2) The Board shall submit to the Authority annually, Financial and other reports on the activities o f the Fund as the Social required by Security Regulatory Authority Act. (3) Financial reports referred to under subsection (2) shall contain - (a) (b) financial position o f the Fund at that time; entries made day to day o f all sums of 11 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 received and money expended by the Fund and matters in respect of which receipt and took expenditure place; the liabilities Fund;and such other information as may the required by be Authority.” and the assets o f (c) (d) Amendment o f section 8

Section 7Verify source

§ 7The principal Act is amended in section 8 byAmendment

Section 8 is amended so the Director General serves for five years and may be re-appointed if performance is satisfactory.

7. The principal Act is amended in section 8 by - (a) adding immediately after subsection (2) the following new subsection: “(3) The Director General shall hold office for a term of five years and may, subject to satisfactory perfor mance, be eligible for re-appointment.” (b) renaming subsection (3) as subsection (4). Amendment o f section 11

Section 7Verify source

§ 8The principal Act is amended in section 11, byAmendment

This section amends section 11 of the principal Act by adding a new paragraph about what the Authority may do for efficient management of the Fund.

8 . The principal Act is amended in section 11, by adding immediately after paragraph (f), the following new paragraph: “(g) to do such direct Fund.” things as the Authority may for efficient management of the Amendment of section 15 Amendment o f section 16

Section 8Verify source

§ 9The principal Act is amended in section 15, byRepeal

This provision amends section 15 of the principal Act by repealing subsections (4), (5) and (6).

9. The principal Act is amended in section 15, by repealing subsections (4), (5) and (6).

Section 9Verify source

§ 9AThe principal Act is amended in section 16 byAmendment

The amendment adds a rule requiring an employer who hires a non-citizen to remit contributions for that worker under the Act.

9A. The principal Act is amended in section 16 by- (a) adding immediately after subsection (2) the following new subsection: 12 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 “ (3) Every employer who employs a non-citizen shall remit contribution on his behalf in accordance with the provision of this Act.” and (b) renumbering sub sections (2) and (3) as sub sections (3) and (4). Addition of section 18A

Section 9AVerify source

§ 10Section 10Amendment

This section amends the principal Act by inserting a new provision immediately after section 18.

10. The principal Act is amended by adding immediately after section 18 the following new provision: “President

Section 10Verify source

§ 18A(1) An insured personAmendment

A public officer who is insured may apply to the President for an exemption from an application condition, with support from the specified authority.

18A.-(1) An insured person tom c“ 2 ! who conditions an affidavit is a public officer may by application to the President, supported on the by specified recommendation authority, apply for exemption from the to him o f any application condition under this Act. and a o f For (2) subsection “specified authority means - (1), the purpose of expression the (a) (b) (c) in relation to a public officer serving under a regional district or administration, the Regional Administrative Secretary, in relation to a public in a officer serving Ministry, the Permanent Secretary; in relation to a public in an officer serving extra-Min isterial Department or public the Head institutions, o f the Department or the Public Institution; and 13 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (d) in relation to a public officer serving in a government local the City authority, the Director, M unicipal Director or the District Executive Director. (3) Upon recommendation by the specified authority, the application shall be submitted by the specified authority for determination and recommendation to the President in terms o f section 38A of the Social Security (Regulatory Authority) Act. the Authority to (4) President may grant the exemption if he is satisfied that the application o f such condition under the Act to an insured person who is a public unfairly disqualify that insured person from grant o f benefits. ioA . The principal Act is amended officer would in after section subsection (3) the following new subsections: immediately adding 19, by Amendment oi section “ (4) The employer may opt to contribute a in the amount stipulated than rate greater subsection ( 1). (5) Where the employer agrees to contribute at a greater rate, such option shall not apply to a member whose contribution rate at any given time does not exceed 'fifty percent of his contributions.” Amendment o f section 22

Section 18AVerify source

§ 11The principal Act is amended in section 22, bySubstitution

Section 22 is amended to set retirement-related ages and conditions, including voluntary retirement at 55 and compulsory retirement at 60.

11. The principal Act is amended in section 22, by- 14 No. 5_______ The Social Security Laws (Amendments) Act, 2012 2012 (a) deleting paragraph (a) and substituting for it the following new paragraph: “(a) on attaining the age o f fifty five for voluntary retirement or the age o f sixty for compulsory retirement;” (b) deleting paragraphs (c), (d) and (e) and substituting for them the following new paragraphs: “(c) on termination by employer after attaining the age o f fifty five; and (d) on retirement after attaining the age o f fifty five on the directions in writing by the President.” Amendment of section 24

Section 11Verify source

§ 12The principal Act is amended by deleting sectionSubstitution

This section amends the principal Act by deleting section 24 and replacing it with new text.

12. The principal Act is amended by deleting section 24 and substituting for it the following: “Evaluation of the l-und the assets the Fund

Section 12Verify source

§ 24(1) The Board shall, atProvision

The Board must arrange an actuarial evaluation of liabilities every three years, or at other intervals the Authority directs. The report is submitted to the Authority and the Minister, and the Authority may direct the Fund to fix anomalies shown in the report.

24.-(1) The Board shall, at intervals o f three years or at any other intervals as the Authority may and cause direct, liabilities o f to be evaluated by an actuarial. report (2) A the evaluation carried out in accordance with be submitted to the Authority and the Minister. subsection shall (1), of (3) Based on the report, the Authority may direct the Fund to take measures as may be necessary to rectify an anomaly revealed by the report.” -^::t:on of 27A

Section 24Verify source

§ 13Section 13Amendment

This section amends the principal Act by adding a new section called “Payment of bonus” after section 27.

13. The principal Act is amended by adding immediately after section 27 the following new section- “Payment of bonus

Section 13Verify source

§ 27AA contributing employeeAmendment

A contributing employee aged 60 or over who keeps contributing to the Fund is entitled to a bonus based on the applicable bonus rates.

27A. A contributing employee who has attained the age of sixty and continues to contribute to the 15 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 29 Fund, shall be entitled to a bonus in for years of added accordance with subsisting bonus rates.” service

Section 27AVerify source

§ 14Section 14Substitution

This section amends section 29 of the principal Act and adds section 29A.

14. (a) (b) (c) (d) The principal Act is amended in section 29, by adding the words “or widower” immediately after the word “widow” appearing in paragraphs (a) and (b) of subsection (1); deleting a “full stop” appearing at the end of paragraph (b) of subsection (2) and substituting for it a “colon”; deleting the phrase “(3) W here an” appearing in subsection (3) and substituting for the phrase “Provided that, where a notice .is not given or an” ; and renumbering subsections “(4)” and “ (5)” as subsections (3) and (4). them Addition of section 29A

Section 14Verify source

§ 15Section 15Amendment

This provision amends the principal Act by inserting a new section after section 29 titled “Survivors’ pension.”

15. The principal Act is amended by adding immediately after section 29 the following new section: ‘Survivors’ pension

Section 15Verify source

§ 29AThe survivors pensionAmendment

This section sets how a survivors pension is shared among dependants, with different percentage shares for widows, widowers, dependent children in full-time education, and parents in some cases.

29A. The survivors pension payable to a dependant shall be made on the basis of percentage prescribed herein, namely: (a) in the case o f a widow or widower, forty per cent of the pension, and where there are more than the widow one amount be shall divided equally amongst the widows; 16 No. 5_______ The Social Security Laws (Amendments) Act, 2012 (b) (c) the case o f a in widow or a widower and where there are no dependant children, the widow or widower shall be paid one hundred per cent o f the pension; a the in child dependant receiving time education, shall be paid sixty per cent o f the pension; case o f full (d) where there is no widow or widower one hundred per cent of the pension; and (e) in are case where the no there dependent children or dependant spouse, parents the be deceased paid one hundred per cent of the pension for the remainder o f their life.” of shall Amendment o f section 30

Section 29AVerify source

§ 16The principal Act is amended in section 30, bySubstitution

If an insured person has recovered from invalidity, the pension is suspended until retirement age.

16. The principal Act is amended in section 30, by- fa) stop” appearing at the end o f deleting a “full subsection (2) and substituting for it a “colon” ; and adding a proviso immediately after subsection (2) as follows: (b) “ Provided that, where the insured person has recovered from invalidity the pension shall be 17 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 suspended until he attains the age o f retirement.” Amendment o f section 35

Section 16Verify source

§ 17The principal Act is amended by repealing sectionRepeal

This section amends the principal Act by repealing section 35 and replacing it with new text about service not qualifying for pension.

17. The principal Act is amended by repealing section 35 and substituting for it the following: ■‘Service not qualifying for pension

Section 17Verify source

§ 35Pension or gratuity shallAmendment

Pension or gratuity is not to be awarded to an insured person for time spent on leave without salary, unless the employer pays both contributions into the Fund for that absence period.

35. Pension or gratuity shall not be awarded under this Act to any insured person respect o f any in service while he was absent from duty on leave without salary, unless the employer undertakes to pay into the Fund both the the contributions em ployer’s period during which the employee was absent.” the em ployee’s and for Amendment o f section 38

Section 35Verify source

§ 18(1) The principal Act is amended in section 38, byAmendment

If an insured person was overpaid or paid pension or gratuity too early, the Fund must recover the amount under section 43.

18.-(1) The principal Act is amended in section 38, by adding immediately after subsection (2) the following new section: “(3) Where an insured person was at a certain period overpaid or paid pension or gratuity pre maturely, the Fund shall recover the pension or gratuity paid prematurely in accordance with the provision o f section 43.” Amendment o f section 39

Section 18Verify source

§ 19Section 19Amendment

An insured person covered by subsection (4) can qualify for pension or gratuity if the person resumes contributions, contributes for at least three years, pays the full back-purchase cost, and the benefit is calculated using the highest salary before the account was frozen.

19. The principal Act is amended in section 39. by adding immediately after subsection (4) the following new subsection: u(5) An to under subsection (4) shall be entitled to pension or gratuity, as the case may be, if- insured person referred (a) resumed insured person has the to contribute to the Fund for a period o f not less than three years from the date of resumption o f contribution to the Fund; 18 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (b) the insured person has paid full cost for back-purchase o f the benefits due as may be determined under the Act, and the computation o f his pension or gratuity is made by using the highest salary before his account was frozen.”

Section 19Verify source

§ 20Section 20Amendment

This section amends the principal Act by inserting a new section 43A after section 43.

20. The principal Act is amended by adding immediately after section 43 the following new section: Addition of section 43A “Protection o f c o n t r i b u t i o n

Section 20Verify source

§ 43AThe sum standing toProvision

The sum standing to an insured person remains the Fund’s property until paid out, and it is protected from bankruptcy, insolvency, and debt claims unless it relates to a home mortgage.

43A. The sum standing to p e r s o n c r 0 ( j j t j n s u r e c ] a R shall, until such time when it is paid out in accordance with the provisions of this Act, remain the property o f the Fund and shall not form part o f the assets of an the event of in insured person bankruptcy, or insolvency or be liable in satisfaction o f debts, unless such sum relates to home mortgage in which case the mortgagee shall have right to attach any portion of contnbution which is the subject of collateral.” attachm ent for -jnendm cnt of action 49

Section 43AVerify source

§ 21The principal Act is amended by repealing sectionRepeal

This section amends the principal Act by repealing section 49 and replacing it with new text about the Fund.

21. The principal Act is amended by repealing section 49 and substituting for it the following- “ In vestment o f the Fund^

Section 21Verify source

§ 49(1) The Board may,Amendment

The Board may invest fund money in viable economic ventures, but must consider commercial viability and any applicable guidelines. If an investment breaches these rules, participating trustees, directors, managers, or officers may be personally liable to a fine. The Bank also has power to regulate, stop, or otherwise respond to the investment.

49 .-(1) The Board may, invest money of the fund in any viable economic venture it copsiders appropriate. (2) The Board shall, in the considering the appropriateness of the venture for investment, take into and account commercial viability o f that venture and guidelines as may issued under the Social Security (Regulatory Authority) Act. economic Cap. 135 19 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (3) W here an investment is made in breach o f subsections (1) and (2), each member o f the Board of Trustees, director, manager or any officer o f the Fund who took part in that decision shall be personally liable to a penalty o f fine as prescribed under the Social Security Regulatory Authority Act. Cap. 135 (4) Notwithstanding the penalty imposed under subsection (3) the Bank shall have power to - (c) regulate the Fund .to comply with the investment procedures; (d) discontinue the investment; or (e) take any other measure considers appropriate.” it Amendment of section 50

Section 49Verify source

§ 22The principal Act is amended in section 50,Substitution

Section 50 is amended so the Board may use money in the Fund, subject to sections 49 and 58.

22. The principal Act is amended in section 50, by deleting the opening phrase and substituting for it the following: “The Board may, subject to sections 49 and 58 utilize moneys in the Fund for-” . Amendment of section 59 immediately

Section 22Verify source

§ 23The principal Act is- amended in section 59, byAmendment

This provision amends section 59 by inserting the phrase “the Minister responsible for finance and the Authority” at the second occurrence of “Minister.”

23. The principal Act is- amended in section 59, by the designation “Minister” inserting appearing in the where it appears for the second time in that section the following phrase the M inister responsible for finance and the Authority” . after Amendment of scction 60

Section 23Verify source

§ 24The principal Act is amended in section 60 byRepeal

This provision amends section 60 by adding “and the Authority” after “Minister” in subsection (3), and it repeals section 65.

24. The principal Act is amended in section 60 by inserting the words “and the Authority” between the word “M inister” and “a copy” appearing in subsection (3). Repeal o f section 65

Section 24Verify source

§ 25The principal Act is amended by repealing sectionRepeal

This section amends the principal Act by repealing section 65 and replacing it with new text.

25. The principal Act is amended by repealing section 65 and substituting for it the following:. 20 No. 5 The Social Security Laws (Amendments) Act, 2012 “ Criminal proceedings

Section 25Verify source

§ 65(l) The Director General,Substitution

The Director General, Inspector, or approved Fund officers may start criminal proceedings in court if they are public prosecutors appointed by the Director of Public Prosecutions.

65.-(l) The Director General, Inspector or any other Officers o f the Fund approved by the Board may institute criminal proceedings in the court in accordance with section 71 provided that the Director General, the Inspector or such officer is a public prosecutor appointed by the Director o f Public Prosecutions. (2) W here a case is instituted contributions, before the court in relation to recovery person of authorized under this section may appear and conduct the case.” any Amendment o f section 78 26, The pnncipal Act is amended in section 78, by deleting the words “uninsured” appearing in the third line of that section and substituting for it the word “insured”. Amendment o f scction 81

Section 65Verify source

§ 27The principal Act is amended in section 81 bySubstitution

The Minister may make regulations, but only on the Board’s recommendation and after consulting the Authority.

27. The principal Act is amended in section 81 by- la) deleting the opening phrase and substituting for it the following: the “The Minister may, on recommendation o f the Board and in consultation with the Authority, make regulations providing for-” (b) (c) (d) deleting paragraphs (b), (f) and the word “and” appearing at the end of paragraph “(f)” ; renaming paragraph (c), (d), (e) and (g) as paragraphs (b), (c), (d) and (e); and adding immediately after the renamed paragraph (e) the following new paragraphs: duration under which benefits shall be paid to a widow or widower; and payment funeral grants.” of maternity and “(f) (g) 21 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment o f First Schedule by-

Section 27Verify source

§ 28The principal Act is amended in the First ScheduleSubstitution

This section amends the principal Act’s First Schedule by changing how the Board is composed and renumbering a paragraph.

28. The principal Act is amended in the First Schedule (a) deleting paragraph 1 and substituting for it the following new sub items: “ Composition of the Board 1*"0 ) The Board shall be composed of- (a) a Chairman who shall be appointed by the President; (b) a member representing the Ministry responsible for government authorities; local (c) a member representing the Attorney General; (d) two members representing the most representative employers Association; (e) a member representing employers’ association; and (f) a membe* representing the sector private 22 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 appointed from amongst persons with knowledge and experience on matters relating to social security. (2) (f) shall, shall by The members referred to under paragraph (b) be to the appointed M inister upon recommendation by the respective institutions. (3) The in Minister appointing members under this paragraph all ensure members are proper and fit persons for performing advisory of the functions the Board under provisions o f this Act and regulations made thereunder and the Social Security Regulatory Authority Act.” that (b) renumbering paragraph 2 as paragraph 4 . 23 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 PART HI A m e n d m e n t o f t h e N a t io n a l H e a l t h In s u r a n c e F u n d A c t , (C a p .395) Construction Cap. 408

Section 28Verify source

Part

PART III

§ 39Section 39Amendment

This section says the Schedule is amended.

39. Amendment of the Schedule. PART IV A m e n d m e n t of T h e N a t io n a l So c ia l S e c u r it y F u n d Ac t , C a p . 50

Section 39Verify source

Part

PART IV

§ 44Section 44Repeal

This section lists which sections are amended, added, or repealed.

44. Construction. Amendment of section 2. Amendment of section 4. Amendment of section 6. Repeal of section 8. 2 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 9. Amendment of section 12. Addition o f section 15 A. Amendment of section 18. Amendment of section 20. Addition o f section 20A. Amendment of section 21. Amendment of section 24. Amendment of section 27. Repeal of sections 31 and 32.

Section 44Verify source

§ 56Section 56Amendment

This section amends section 47 and section 48.

56. Amendment of section 47. Amendment of section 48.

Section 56Verify source

§ 57Section 57Repeal

This section repeals section 49 and amends section 53.

57. Repealing of section 49. 5 7 A. Amendment of section 53.

Section 57Verify source

§ 60Section 60Amendment

This provision amends section 56 and section 61.

60. Amendment of section 56. Amendment of section 61.

Section 60Verify source

§ 64Section 64Amendment

This provision amends section 68 and section 69.

64. Amendment of section 68. Amendment of section 69.

Section 64Verify source

§ 66Section 66Amendment

This section states that sections 71A and 71B are added and section 72 is amended.

66. Addition o f sections 71A and 7 IB. Amendment of section 72.

Section 66Verify source

§ 68Section 68Amendment

This section states that section 74 and section 76 are amended.

68. Amendment of section 74. Amendment of section 76.

Section 68Verify source

§ 73Section 73Repeal

This section repeals sections 83, 84, and 85 and amends section 89.

73. Repeal of sections 83, 84, and 85. Amendment of section 89.

Section 73Verify source

§ 77Section 77Amendment

This provision amends the Second Schedule.

77. Amendment of the Second Schedule. 3 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 PARI' V AM ENDM ENT OF TOE PARASTAL ORGANIZATIONS PENSIONS SCHEME ACT, (CAP. 372)

Section 77Verify source

§ 80Section 80Amendment

This section says section 2 and section 3 are amended.

80. Amendment o f section 2. Amendment of section 3.

Section 80Verify source

§ 90Section 90Amendment

This section amends section 13 by adding section 13A.

90. Amendment of section 13. Addition o f section 13 A.

Section 90Verify source

§ 105Section 105Amendment

This provision states that section 34 is amended, and section 39 is also amended.

105. Amendment of section 34. 105 A. Amendment o f section 39.

Section 105Verify source

§ 108Section 108Repeal

This section repeals sections 35, 37 and 44, and amends sections 38 and 40.

108. Repealing of sections 35. Repealing of sections 37 and 44 Amendment of section 38. 4 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 40.

Section 108Verify source

§ 118Amendment of the ScheduleAmendment

This section amends the Schedule to the Public Service Retirement Benefits Act.

118. Amendment of the Schedule. PA R I' VI A m e n d m e n t o f t h r P u b l ic S f.r v ic r RETIRHMI-NT BHNI-MTS ACT, (CAP 3 7 1 ) Construction.

Section 118Verify source

§ 120Amendment o f section 2Amendment

This section amends section 2 and section 3.

120. Amendment o f section 2 . Amendment of section 3.

Section 120Verify source

§ 122Amendment of section 5Amendment

This provision amends section 5 and section 6.

122. Amendment of section 5. Amendment o f section 6.

Section 122Verify source

§ 124Section 124Amendment

This provision amends section 11 and section 12.

124. Amendment of section 11. Amendment o f section 12.

Section 124Verify source

§ 125AAmendment of section 16Amendment

This provision amends section 16 and section 18.

125A. Amendment of section 16. Amendment of section 18.

Section 125AVerify source

§ 130Section 130Amendment

This section amends section 36 and section 37.

130. Amendment of section 36. Amendment o f section 37.

Section 130Verify source

§ 132AAmendment of section 41Amendment

This section amends section 41 and section 48.

132A. Amendment of section 41 Amendment o f section 48.

Section 132AVerify source

§ 139Section 139Amendment

This provision is a heading indicating an amendment to section 71.

139. Amendment of section 71. 5 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 PART VII A m e n d m e n t o f t h e So c ia l S e c u r it y (Regulatory Authority) Ac t, (C a p. 135) Construction.

Section 139Verify source

§ 42The principal Act is amended in section 4 byAmendment

The Director General must hold office for five years and may be re-appointed if performance is satisfactory.

42. The principal Act is amended in section 4 by adding immediately after subsection (2) the following new subsection: (3) The Director General shall hold office for a term o f five years and may, subject to satisfactory performance, be re appointment.” eligible for Amendment o f section 6

Section 42Verify source

§ 43The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing and replacing section 6.

43. The principal Act is amended by repealing following new it * the for section 6 and substituting provision: “insured person Mainland Tanzania This Act shall apply in to a in relation

Section 43Verify source

§ 6~(1)Repeal

This section describes who is covered and says every insured person is to receive a registration number when registered.

6.~(1) person who is: 32 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (a) (b) employed in the formal or informal sector; and self-employed, other than a person who is registered or insured under any other written law. (2) Every insured person shall be issued with a registration number upon registration.” Repeal o f section 8 Amendment of section 9

Section 6Verify source

§ 44The principal Act is amended by repealingRepeal

This provision amends the principal Act by repealing section 8.

44. The principal Act is amended by repealing section 8.

Section 44Verify source

§ 45The principal Act is amended in section 9, byAmendment

This provision amends section 9 of the principal Act by deleting one paragraph, renaming another paragraph, and adding a new paragraph after the renamed one.

45. The principal Act is amended in section 9, by - (a) (b) (c) deleting paragraph (a); renaming paragraph (b) as paragraph (a); and adding renamed paragraph (a) the following new paragraph- immediately after the “(b) his em ployer has been restructured, sold or leased Amendment of section 12

Section 45Verify source

§ 46Section 46Repeal

Employers covered by this section must pay social security contributions to the Fund, generally at the First Schedule rate, within one month after the end of the month the contribution relates to. Some employers may pay a higher rate, and special rules apply to voluntary contributors, non-citizen employees, and cases where an insured person dies during the contribution period.

46. The principal Act is amended by repealing section 12 and substituting for it the following: “Statutory contributions by contributing employers A 12,-(1) contributing every for shall, employer contribution period following the date of appointment o f an insured person, a to the contribution employer’s and em ployee’s share at the the First Schedule. Fund the that consist of rate stipulated pay in (2) The em ployer may opt to contribute a greater rate than the amount stipulated in subsection (1). 33 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (3) W here the employer agrees to contribute at a greater rate or the whole contribution rate, such option shall not apply to a member whose contribution rate at any given time does not exceed fifty percent o f his contributions. (4) No contribution shall be paid under this section in respect o f an insured person who dies during the contribution period, unless the the em ployee’s employer deducts share of contribution from the salary payable in respect of any part o f such period the estate of the deceased member. to (5) A voluntary contributing employer o f an insured person shall remit to the Fund contribution at the the First percentage stipulated Schedule or a higher contribution rate or segmentation of benefit rate the Minister to be regulated by following the results o f actuarial valuation. in (6) An employer of a non citizen shall remit contribution for such employee in accordance with the provision o f this Act. (7) Every contribution shall the Fund within one be paid month after the end o f the month to which the contribution relates.” to Addition o f section 15A

Section 46Verify source

Part

PART VII

§ 140Section 140Amendment

This provision amends section 3 and section 5.

140. 140 A. Amendment of section 3. 1403. Amendment o f section 5.

Section 140Verify source

§ 140KAmendment of section 19Amendment

This provision amends section 19 and section 20.

140K. Amendment of section 19. HOF. Amendment of section 20.

Section 140KVerify source

§ 150Section 150Amendment

This section lists amendments and additions to several sections of the Insurance Act.

150. Amendment of section 6. Amendment of section 7. Amendment of section 8. Amendment of section 12. Amendment of section 28. Amendment of section 36. Addition of section 38A. Amendment of section 49. Addition of section 49 A. Amendment of section 53. PART vm A m e n d m e n t O f T h e In s u r a n c e A c t , (C a p .3 9 4 )

Section 150Verify source

§ 140Section 140Provision

This Part must be read together with the Social Security (Regulatory Authority) Act.

140. This Part shall be read as one with the Social Security (Regulatory Authority) Act, hereinafter referred to as the “principal Act” .

Section 140Verify source

§ 140AThe principal Act is amended in section 3, bySubstitution

This amendment adds a definition of “administrator” and updates related sections to include administrators.

140A. The principal Act is amended in section 3, by following new its alphabetical order the in inserting definition: “administrator” means a person appointed to administer a scheme in accordance with such terms and conditions o f service as may be specified in the instrument o f appointment” . Amendment of section 5 HOB. The principal Act is amended in section 5, by- fa) deleting paragraph (e) and substituting for it the following: “(e) register, administrators;” reguiate and supervise (b) deleting the word “all” appearing in paragraph (f). Amendment o f section 16 HOC. The principal Act is amended in section 16(1), by inserting the words “ or administrator” between the words “custodian” and “shall”. 80 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 17

Section 140AVerify source

§ 140DThe principal Act is amended in section 17(1),Amendment

This provision amends the principal Act by inserting the word “administrator” into section 17(1) and making related insertions in section 19, with section 20 and section 6 also mentioned as amended.

140D. The principal Act is amended in section 17(1), by inserting the words “.administrator” between the words “ managers” and “and”. Amendment of section 19 by- HOE. The principal Act is amended in section 19, fa) (b) inserting the words “or adm inistrator” between the words “custodian” and “ i f ’ appearing in subsection ( 1); and inserting the words words “managers” subsection (2). adm inistrator” between the in and appearing “or” Amendment of section 20 Amendment of section 6

Section 140DVerify source

§ 140FThe principal Act is amended in section 20, byAmendment

Section 20 of the principal Act is amended by inserting the word “administrator” between “managers” and “or” wherever those words appear.

140F. The principal Act is amended in section 20, by inserting the words administrator” between the words “ managers” and “or” whenever those words appear in that section.

Section 140FVerify source

§ 141Section 141Amendment

The Authority must issue directions as notices, letters, orders, or circulars when exercising its powers under this section.

141. The principal Act is amended in section 6, by adding immediately after subsection (2) the following new subsection: “(3) The Authority shall, in exercising its powers under this section, issue directions in the form of notices, letters, orders or circulars.” Amendment of scction 7

Section 141Verify source

§ 142The principal Act is amended byRepeal

The provision updates the Authority’s board membership and says the Director General serves as Secretary to the Board.

142. The principal Act is amended by - (a) deleting subsection ( 1) and substituting for it the following new subsection: There “(1) is established Directors o f the Authority to be composed of- (a) a chairman who shall be appointed by the the Board o f President; (b) the Treasury Registrar; (c) the Labour Commissioner; 81 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (d) a representative from the Attorney General; (e) one member representing the most (f) representative employers organization; the most two members representative employees organisation, and representing (g) one member from amongst persons who possess knowledge and experience in social security matters. (b) immediately after subsection (2) adding following new subsection (3); the “(3) The Director General shall be Secretary to the Board.” ihe Repealing o f scction 8 Amendment of section 12

Section 142Verify source

§ 143The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 8.

143. The principal Act is amended by repealing section 8.

Section 143Verify source

§ 144The principal Act is amended in section 12 byAmendment

The Director General must hold office, and the text also refers to a possible five-year term subject to satisfactory performance and reappointment/appointment wording.

144. The principal Act is amended in section 12 by adding immediately after subsection (2) the following new subsection: “ (3) The Director General shall hold office and may, subject to re be eligible a term of five years for satisfactory performance, appointment.” for Amendment of scction 28 Amendment o f section 36

Section 144Verify source

§ 145The principal Act is amended in section 28 bySubstitution

This section changes section 28(4) of the principal Act by replacing “three” with “six”.

145. The principal Act is amended in section 28 by deleting the word “three” appearing in subsection (4) and substituting for it the word “six”.

Section 145Verify source

§ 146The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 36 and replacing it with new text starting on minimum benefits packages.

146. The principal Act is amended by repealing section 36 and substituting for it the following - “ Minimum benefits packages

Section 146Verify source

§ 36(1) Subject to the provisionsProvision

Members of the scheme are entitled to minimum benefits, and members of mandatory schemes are entitled to short-term, long-term, or both benefits. The Authority must consult the Minister responsible for health when dealing with technical matters on health services.

36.-(1) Subject to the provisions of this Act, a member o f the scheme tQ rece{ve an(i enjoy ^ minimum benefits or package to be prescribed by the Authority in line with his contributions. No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (2) A member o f any o f the mandatory schemes shall be entitled to short or long term or both benefits to be determined and reviewed by the the Authority respective schemes. in consultation with its regulatory (3) The Authority shall, in discharging and supervisory powers with regards to technical matters on the provisions o f health the Minister responsible for health.” consult with services, Addition of scction 38A

Section 36Verify source

§ 147The principal Act is amended by addingAmendment

This section amends the principal Act by adding a new section after section 38 titled “Retirement Benefits Committee Cap/107.”

147. The principal Act is amended by adding immediately after scction 38 the following new section: “ Retirement Benefits Committee Cap/107,

Section 147Verify source

§ 37550,Amendment

A Retirement Benefits Committee is established to advise the President and handle applications about exemption from certain conditions on terminal benefits.

375.50, 372 and 37! 38 A.-(1) is There established a Committee to be known as a Retirement Benefits Committee whose functions shall be to advise the President on matters relating to exemption o f application o f certain conditions on paym ent or award o f terminal benefits under the Local Authorities Pensions Fund Act, the National Health Insurance the National Social Fund Act, the Parastatal Security Fund Act, Organizations Pensions Scheme Act and the Public Service Retirement Benefits Act. (2) The Committee shall be composed of - (a) the Permanent Secretary (Establishment), who shall be the Chairman; the General; Attorney Deputy (b) (Si No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (c) (d) (e) the Director General; the Labour Commissioner; and a member representing an organization of employees. (3) The application made in terms of subsection ( 1) shall be supported by recommendations by a specified authority or last employer o f the applicant. the (4) The Committee shall, within thirty days from the date of receipt o f an application convene and determine that application and make the recommendations President about whether or not, within the the application be granted. circumstances, to (5) Where the President has received recommendations from the Committee, he may order that the applicant be granted terminal or any which would other otherwise be lawfully withheld in accordance with the relevant law governing such terminal or any other benefits.” benefits Amendment of section 49

Section 375Verify source

§ 148The principal Act is amended in section 49, byAmendment

This provision amends section 49 of the principal Act by adding a new paragraph about an annual social security levy charged from schemes and renumbering a later paragraph.

148. The principal Act is amended in section 49, by - (a) inserting immediately after paragraph (b) the following new paragraph i c ) annual social security levy charged from the schemes;” (b) renaming paragraph (d) as paragraphs (e). Addition o f section 49A

Section 148Verify source

§ 149The principal Act is amended by addingAmendment

The principal Act is amended by adding new sections immediately after section 49.

149. The principal Act is amended by adding immediately after section 49, the following sections: 84 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 “ Social security lev>

Section 149Verify source

§ 49A(1) There shall be a levyAmendment

Schemes must pay a levy to the Fund, with the rate set by the Minister in a Gazette order.

49A.-(1) There shall be a levy payable to the Fund by the schemes. (2) A levy imposed under this with the total section shall be based on income o f each scheme at a rate to be the M inister upon determined by consultation the M inister responsible for Finance and the Bank and shall be specified in an order published in the Gazette by the Minister. total prescribed under sub-section (2) shall be derived out o f the administrative costs of the scheme. (4) An order made by M inister shall contain provisions as to the time during which any am ount payable by way o f levy shall becom e due. The (3) income the (5) W here the levy imposed is not paid into the Fund on or before the date prescribed in the order, the am ount debt due recoverable summarily by the Authority the Civil under Order XXXV o f Procedure Code. become shall civil a the Bank or banks as (6) The Authority may deposit with it may determine, any monies not immediately required the Authority.” the purposes o f for Amendment of section 53

Section 49AVerify source

§ 150The principal Act is amended in section 53, bySubstitution

This provision amends section 53 of the principal Act by replacing “September” with “December” in subsection (1).

150. The principal Act is amended in section 53, by deleting the word “September” appearing in subsection (1) and substituting for it the word “December” . 85 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 PART VIII A m e n d m e n t of t h e In s u r a n c e A c t , (C a p .394)

Section 150Verify source

Part

PART vm

§ 152Amendment of section 13Short title

This provision amends section 13 of the Social Security Laws (Amendments) Act, 2012.

152. Amendment of section 13. 6 No. 5 The Social Security Lmvs (Amendments) Act, 2012 2012 THE UNITED REPUBLIC OF TANZANIA NO. 5 OF 2012 I, ASSENT, J a k a y a M r i s h o K i k w e t e , President 15th June, 2012 An Act to amend social security laws with a view to strengthening regulatory functions and supervisory powers o f the Social Security Regulatory Authority on the social security schemes. EN A C TED by Parliament of the United Republic of Tanzania. PART 1 P r e l i m i n a r y P r o v is io n s Short title and commencement Amendment of Social Security Laws

Section 152Verify source

Part

PART 1

§ 1This Act may be cited as the Social Security LawsProvision

This Act may be cited as the Social Security Laws (Amendments) Act, 2012.

1. This Act may be cited as the Social Security Laws (Amendments) Act, 2012.

Section 1Verify source

§ 2The various social security laws specified in variousAmendment

This section says the Act amends certain social security laws, and the exact changes are set out in the relevant Parts.

2. The various social security laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. 7 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 PART II A m k n d m k n t ok th e L o c a l A u t h o r r n r ;s p e n s i o n s F u n d A c t , (C a p . 4 0 7 ) Construction Cap.*107 Amendment of section 2

Section 2Verify source

Part

PART HI

§ 29This Part shall be read as one with the NationalAmendment

This Part must be read together with the National Health Insurance Fund Act, called the principal Act.

29. This Part shall be read as one with the National Health Insurance Fund Act, referred to as the “principal Act” . Amendment

Section 29Verify source

§ 30The principal Act is amended in section 3, byAmendment

This section adds and updates several definitions used in the principal Act.

30. The principal Act is amended in section 3, by inserting in their respective alphabetical order the following new definitions- “actuarial” means a person trained to understand risks and probabilities and to apply such skills to the financial problem especial those involving uncertain future events such human mortality and mobility and is a member of an institute, society or association o f actuaries approved by the Authority; “actuarial valuation” has the meaning ascribed to it under the Social Security (Regulatory Authority) Act; “actuarial report” means a report prepared by an actuarial who undertakes actuarial valuation under this Act; “Authority” means the Social Security Regulatory Authority Cap'135 established under Authority) Act; the Social Security (Regulatory Cap. 197 “Bank” means the Bank o f Tanzania established by the Bank o f Tanzania Act; “em ployee” means an individual who- Cap. 366 has entered into a contract o f employment; or (a) (b) has entered into any other contract in which the individual undertakes to work personally for the other party to the contract the other party is not a client or customer of any profession, business, or undertaking carried on by the individual; or (c) (d) is deemed to be an employee by the M inister under section 98(3) of the Employment and Labour Relations Act; or is deemed to be an employee in accordance with section 61 o f the Labour Institutions Act.” 24 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 “ formal sector” means the sector which includes employers and into a contract o f employees who have entered employment apprenticeship or any other contract contemplated in the definition of the term “employee” ; “member” means any person or employee employed in the formal or informal sector or self employed within Tanzania mainland, registered or insured under this Act; “salary” means gross salary of the member payable to an employee in consideration o f the service rendered under the contract of service or apprenticeship or any other form of office of call, excluding bonus, commission, cost o f living allowance, overtime payment, D irector’s fees or any other additional emoluments;” “voluntary contribution” means any other form o f contribution apart from statutory contributions o f any person wishing to access supplementary services.” Amendment of section 4

Section 30Verify source

§ 31Section 31Amendment

The Fund’s operations must comply with the Social Security (Regulatory Authority) Act.

31. The principal Act is amended in section 4, by adding immediately after subsection (3) the following new subsection: “Operations o f Cap 135 (4 ) Operations the Fund established under this section shall be subject to the provisions of the Social Security (Regulatory Authority) Act ” o f Amendment of section 6

Section 31Verify source

§ 32Section 32Repeal

The Director General holds office for five years and may be re-appointed if performance is satisfactory.

32. The principal Act is amended in section 6 by repealing subsection (5) and substituting for it the following new provision: “(5) The Director General shall hold an office for a term of five years and may, subject to satisfactory performance, re appointment.” eligible for be Amendment o f section 10

Section 32Verify source

§ 33The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 10 and replacing it with a new section.

33. The principal Act is amended by repealing section 10 and substituting for it by the following: “ Review o f contributions raies

Section 33Verify source

§ 10The Board may review theProvision

The Board may review the Fund’s contribution rates, but only subject to regulations, guidelines, or directives issued by the Authority.

10. The Board may review the rates o f contributions the Fund subject to regulations, guidelines or directives issued by the Authority.” to 25 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Addition of section 12A

Section 10Verify source

§ 34Section 34Amendment

This section amends the principal Act by adding a new provision, which appears to give an Authority power to exempt certain conditions for an affidavit.

34. The principal Act is amended by adding immediately after section 12 the following new provision: “Authority may exempt certain conditions an affidavit

Section 34Verify source

§ 12A(1) A member may, byAmendment

A member may apply to the Authority for an exemption from a condition under the Act, if supported by the specified authority’s recommendation. The Authority may grant the exemption if it is satisfied the condition would unfairly disqualify the member from a benefit package.

12A.-(1) A member may, by application to the Authority, supported on by the recommendation specified authority, apply for exemption from the application to him of any condition under this Act. and a o f For (2) subsection “specified authority” means - the purpose of expression the (1), (a) (b) (c) (d) in relation to a public officer serving under a regional or district administration, the Regional Administrative Secretary; in relation to a public in a officer serving Ministry, the Permanent Secretary; in relation to a public officer serving in an extra-Ministerial Department or Public Institution, the Head of the Department or the Public Institution; and in relation to a public in the officer serving government local the City, authority, M unicipal or District Executive Director. 26 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (3) Upon recommendation by the specified authority, the application shall be submitted by the specified for authority determination in terms o f section 38A of the Social Security (Regulatory Authority) Act. the Authority to (4) Authority may grant the exemption if it is satisfied that the application o f such condition under the Act to a member would unfairly disqualify that member from benefV package” . Amendment ofscction 16

Section 12AVerify source

§ 35The principal Act is amended in section 16 byAmendment

The scheme may review the benefit package, but only under regulations, guidelines, or directives issued by the Authority.

35. The principal Act is amended in section 16 by adding immediately after subsection (3), the following new subsection: “(4) Notwithstanding the subsections (1) and (2), the benefit package may be reviewed by the scheme subject to regulations guidelines or directives issued by the Authority. Addition o f scction 39A

Section 35Verify source

§ 36Section 36Amendment

The Board must arrange an actuarial evaluation of the Fund’s assets and liabilities at least every three years, or at intervals the Authority directs, and submit the report to the Authority and the Minister. The Authority may then direct the Fund to take necessary measures to fix any anomaly found.

36. The principal Act is amended by adding immediately after section 39 the following new section: "Actuarial 39A.-(1) rcport The Board shall, at intervals of three years or at any other intervals as the Authority may direct, cause the assets and liabilities o f the Fund to be evaluated by an actuarial. (2) A report o f the evaluation carried out in accordance with subsection (1), shall be submitted to the Authority and the Minister. (3) Based on the report, the Authority may direct the Fund to take measures as may be necessary to rectify an anomaly revealed by the report.” 27 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 33 Cap. 135

Section 36Verify source

§ 37The principal Act is amended in section 33 byAmendment

This section amends section 33 by renumbering it and adding new rules about breaches of investment subsections.

37. The principal Act is amended in section 33 by - (a) (b) re-designating section 33 as section 33(1); and adding subsection (1) the following new subsection: immediately after the re-designated (2) W here an investment is made in breach o f subsections (1) and (2), the M ember o f Board, Director, manager or any officer o f the Fund who took part in invest shall be to personally liable to a penalty or fine of as prescribed under the Social Security (Regulatory Authority Act). the decision (3) Notwithstanding the Penalty imposed under subsection (3) the Bank shall have power to- (a) (b) (c) require the Fund to comply with the procedures for investment; discontinue the investment: or take other measures as may be appropriate.” Amendment of scction 37

Section 37Verify source

§ 37AThe principal Act is amended in section 37, byAmendment

The Board must submit annual financial and activity reports about the Fund to the Authority.

37A. The principal Act is amended in section 37, by adding immediately after subsection (3) the following ne> subsections: “(4) The Board the Authority financial report and other reports on the activities of the Fund as required by the Social Security (Regulator Authority) Act. shall submit annually to (5) The financial reports referred to under subsection (4) shall contain- financial position of the Fund at that time; (a) (b) day to day entries o f all sums o f mone received and expended by matters in expenditure took place; respect o f which the Fund as. receipt am 28 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (c) (d) the assets and liabilities o f the F und , and such other information as may be required by the Authority.” Amendment of section 43 Amendment of the Schedule 38, The principal Act is amended in section 43 (2), by inserting the phrase “provided that the Director General, the Inspector or such officer is a public prosecutor appointed by the Director o f Public Prosecutions” immediately after the word “Board.”

Section 37AVerify source

Part

Schedule

§ 39Section 39Substitution

This section amends the principal Act’s Schedule by replacing paragraph (c) with a new paragraph about employee representation on the Fund.

39. The principal Act is amended in the Schedule by deleting paragraph (c) and substituting for it the following: “ (c) one member representing the Organisation o f employees are members to the Fund;” the majority o f whom PART IV A m isn d m e n t o f t h e N a t io n a l S o c ia l S e c u r it y F u n d A c t , (C a p . 50) Construction 4 0 . This part shall be read as one with the National Social Security Fund Act, hereinafter referred to as the “principal Act”. Amendment a f Section 2 4 i The principal Act is amended in section 2 by- (a) inserting in their respective alphabetical order the following new definitions: “actuarial” means a person trained to understand risks and probabilities and to apply such skills to the financial problems especial those involving uncertain future events and that person is a member of an instate, society or association of actuaries approved by the Authority; 29 No. 5_______ The Social Security Laws (Amendments) Act, 2012 2012 “actuarial valuation” means valuation o f assets and liabilities of a scheme made by an actuarial who science o f calculations o f insurance risks and rates o f premiums and contributions; is an expert the in C ap.135 Cap. 197 Cap. 366 Cap.366 “actuarial report” means a report prepared by an actuarial who effected actuarial evaluation under this Act; “administration expenses” means all cost incidental or in relation to registration o f members, collection of members’ contributions and disbursement of members ’ benefits; “Authority” means the Social Security Regulator the Social Authority established under Security Regulatory Authority Act; “Bank” means the Bank of Tanzania established under the Bank of Tanzania Act; “contract of service” has a meaning ascribed to it under the Employment and Labour Relations Act; and “em ployee” means an individual who has entered into a contract of employment; or has entered into any other contract in which: (i) (ii) the individual undertakes to work personally for the other party to the contract; and the other party is not a client or customer profession, business, or undertaking carried on by the individual; or any of (iii) is deemed to be an employee by the Minister under section 98(3) o f the Employment and Labour Relations Act; is deemed to be an employee in accordance with section 61 o f the Labour Institutions Act. (iv) 30 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 contract “ formal sector” means the sector which include employers and employees who have entered into or apprenticeship or any other contract; “informal sector” means the sector which include workers who work informally and who do not work in terms o f an em ployment contract or any other contract; em ployment o f “inspector” means a compliance officer or any other person duly appointed by the Board of Trustees; “medical board” means a Board appointed by the Minister; “member” means any person or employee employed in informal sector or self employed within mainland Tanzania insured or registered under this Act; the formular “M inister” means the M inister responsible for social security matters; rendered under “salary” means gross salary o f the member payable in consideration o f the to an employee service the contract of service or apprenticeship or any other form bonus, o f office commission, allowance, overtime payment, D irector’s fees or any other additional emoluments; excluding living cost o f call, o f “self employed” means a person who does not work terms o f contract o f em ployment or in apprenticeship contract any contemplated in the definition o f the term employee; other or “special lump sum” means an average amount o f the last sixty months contributions times the number of months o f contributions paid to the Fund: 31 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Provided that, where contributions so paid are less than sixty months, the insured person shall be paid his accumulated balance as a lump sum plus accrued interest as may the Social Security be prescribed by Regulatory Authority from tim e to time; deleting terms, the definitions o f employee’s share, insured person, wages, and minimum wages and substituting for them the following new definitions: the (b) “em ployee’s share” means that portion o f a statutory contribution set out in the First Schedule to this Act to be employees share to such contribution; “ insured person” means an employee or a worker registered by the Fund and includes a person entitled to or receiving benefits under the Fund; “minimum salary” means the amount determined annually by the minimum wage Board as the rates o f average gross monthly earnings for persons employed locally in Tanzania. Amendment of section 4

Section 39Verify source

§ 76The principal Act is amended in the SecondSubstitution

This section replaces the Second Schedule board-membership rule with a new list of Board members and how they are appointed.

76. The principal Act is amended in the Second Schedule by deleting sub-paragraph 1 and substituting for it the following new sub-paragraph: “(1) The members of the Board shall be - (a) a Chairman who shall be appointed by the (b) (c) President; two members representing the most representative employers organization; two members representing organizations of employees the majority o f whom are members to the Fund; a representative of the Ministry responsible for labour; (f) a member the Ministry representing (e) responsible for finance; and No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (g) one member representing the private sector appointed person with knowledge and experience on social security matters. amongst from (h) one representative from the Attorney G eneral’s Office. Amendment ofSecond Schedule

Section 76Verify source

§ 77The Second Schedule to the principal Act isAmendment

When appointing members, the Minister must ensure they are proper and fit persons for advisory functions of the Board.

77. The Second Schedule to the principal Act is amended in paragraph 2 by- (a) adding immediately after sub-item (3) the following new sub-items: “(4) The M inister shall, in appointing members, ensure that all members are proper and fit persons for performing advisory functions o f the Board under the provisions o f this Act and regulations made thereunder and the Social Security Regulatory Authority Act.” renumbering subparagraphs (4) and (5) as paragraphs (6) and (7) respectively. (b) P.ART V A m e n d m e n t o f P a r a s t a t a l O r g a n iz a t io n s P e n s io n s Sc h e m e A c t , (C a p . 372) Const ruction Cap.372 Amendment of Section 1

Section 77Verify source

§ 78This Part shall be read as one with the ParastatalProvision

This Part is to be read together with the Parastatal Organizations Pensions Scheme Act, which is called the principal Act.

78. This Part shall be read as one with the Parastatal Organizations Pensions Scheme Act, hereinafter referred to as the “principal Act.”

Section 78Verify source

§ 79The principal Act is amended in section 1, bySubstitution

This amendment changes section 1 of the principal Act and adds a new subsection saying the Act applies to people employed in the formal or informal sector or self-employed in mainland Tanzania, except those registered or insured under other written laws.

79. The principal Act is amended in section 1, by - (a) (b) deleting the phrase “Parastatal Organizations Pensions Scheme Act” and substituting for it the phrase “the PPF Pensions Fund Act.” re-designating section 1 as section 1( 1); and 49 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (c) “(2) adding immediately after the re-designated subsection (1) the following new subsection: This Act shall apply to any person employed in the formal or informal sector or self employed within mainland Tanzania and shall not apply to a person who has been registered or insured under any other written laws. Amendment of section 2

Section 79Verify source

§ 80The principal Act is amended in section 2 , bySubstitution

This section amends section 2 of the principal Act by inserting and revising several definitions used in the Act.

80. The principal Act is amended in section 2 , by- (a) inserting in their respective alphabetical order the following new definitions: C ap.135 Cap. 197 “actuarial” means a person trained to understand risks and probabilities and to apply such skills to the financial problems especial those involving uncertain future events and that person is a member o f an instate, society or association o f actuaries approved by the Authority; “actuarial valuation” means valuation o f assets and liabilities of a scheme o f the Fund made by an actuarial; “actuarial report” means a report prepared by an actuarial who effected actuarial evaluation under this Act; “ Authority” means the Social Security Regulatory the Social Authority established under Security (Regulatory Authority) Act; “Bank” means the Bank o f Tanzania established under the Bank o f Tanzania Act; “employee” means an individual who- (a) entered has employment; or into a contract of 50 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (b) (c) has entered into any other contract in which the individual undertakes to work personally for the other party to the contract the other party is not a client or customer of any profession, business, or undertaking carried on by the individual; or is deemed to be an employee by the M inister under section 98(3) of the Employment and Labour Relations Act; (d) is deemed to be an employee in accordance the Labour section 61 of with Institutions Act; “administration expenses” means all costs incidental to or in relation to registration of members, collection o f members contributions and disbursement of m embers’ benefits; “annual pensionable emoluments” means an average of five years highest salary o f a member earned during his pensionable services; “Board” means the Board o f Trustees o f the PPF Pensions Fund; “ Director” means the Director General appointed under section 7A o f the Act; “ formal sector” means the sector which includes employers and employees who have entered into a contract o f em ployment apprenticeship or any other contract contemplated in the definition o f the term “employee” ; “Fund” means the PPF Pension Fund established under section 6; “ informal sector” means the sector which includes workers who work informally and who do not work in terms of an employment of contract or any other contract contemplated in the definition of the term “ em ployee” ; 51 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 “M edical Board” means the Board appointed by the Minister responsible for health matters for the purpose of determining medical issues under this Act; “retirement age” means the age which when attained by a member, qualifies that member for pension benefits and entitles him to receive; payment of the benefit immediately after retirement from service or from the scheme established by the Board under section 18(e) to which the member belongs; “retirement” means cessation of employment upon attainment o f the age of fifty five or above or any age set under the specific scheme as provided for under paragraph (e) of section 18; or “self employed” means a person who does not work in terms of a contract of employment or apprenticeship contract contemplated in the definition of the term “ employee”. deleting paragraph (a) in the definition o f the term “pensionable service” and substituting for it the following paragraph: other any (b) (a) (b) contributions for any period o f service which are remitted to the scheme by the employer since his becoming a member;” by deleting the definitions of the word “service”, “member” and substituting the following: “member” means any person employed in the forma! or informal sector within Mainland Tanzania, excluding a person who has been registered or insured under any other written law; for it 52 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 “salary” means gross salary of the member payable to an employee in consideration o f the service rendered under the contract o f service or apprenticeship or any other form of office of call, excluding bonus, commission, cost o f living payment, overtime Director’s fees or any other additional emoluments;” allowance, “service” means employers”. service With one or more Amendment of section 3

Section 80Verify source

§ 81AThe principal Act is amended in section 3 byAmendment

This provision amends the principal Act by adding new sections in section 3.

81A. The principal Act is amended in section 3 by adding the following new sections: 'Pen ally for payment o f benefits

Section 81AVerify source

§ 3A(i) An employer shall, withinAmendment

An employer must notify the Fund in writing about an employee’s retirement date within six months before retirement. The Fund must pay retirement benefits within 60 days after retirement, and if it is responsible for late payment it must also pay the member the principal due plus a 15% per annum penalty.

3A .-(i) An employer shall, within six months before the date o f retirement of his employee, notify in writing about the date o f retirement o f his employee. the Fund (2) The Fund shall ensure that, within sixty days following the date of retirement, pay to the member the due retirement benefits. (3) W here the Fund fails to pay retirement benefits to a member within a period specified under sub is not section (2), and responsible for that failure, the Fund shall pay the member the principal sum that is due for payment as retirement benefits plus a penalty of fifteen percent o f that sum per annum.” the member Amendment of scction 3

Section 3AVerify source

§ 81The principal Act is amended in section 3 byRepeal

This section amends section 3 of the principal Act by changing the marginal note, replacing subsection (1), and adding a new subsection (3) about how pensions, gratuities, and other benefits are to be granted and calculated.

81. The principal Act is amended in section 3 by- (a) (b) deleting the marginal notes and substituting for it the following: “Pension, gratuity and other benefits” repealing subsection ( 1) and substituting for it the following new subsection: 53 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Cap. 135 the Board “(1) Pensions, gratuities shall be and other benefits granted in by accordance with the provisions of this Act; and the provisions o f the Social Security (Regulatory Authority) Act.”- (c) adding immediately after subsection (2) the following new subsection: “(3) Notwithstanding subsections ( 1) and (2 ) the pension, gratuities and other benefits to be granted under this section shall be Cap 135 computed at such rates as may be prescribed by the Authority under (Regulatory the Social Security Authority) Act.” Amendment o f scction 4

Section 81Verify source

§ 82Section 82Repeal

This section amends the principal Act by repealing section 4 and replacing it with new text beginning “Establishment of the scheme.”

82. The principal Act is amended by repealing section 4 and substituting for it the following: “ Establish ment of the scheme Cap 135

Section 82Verify source

§ 4(l) There is established aAmendment

A scheme called the PPF Pensions Scheme is established.

4.-(l) There is established a scheme to be known as the PPF Pensions Scheme. (2) The operation of the scheme shall be subject the provisions o f this Act and the Social (Regulatory Authority) Security Act.” to Amendment o f section 5

Section 4Verify source

§ 82AThe principal Act is amended in section 5(1),Substitution

A person who stops being a member before retirement may resume membership when employed, except in the stated excluded cases.

82A. The principal Act is amended in section 5(1), the by deleting paragraph (d) and substituting for it following new paragraph: “(d) any person who ceases to be a member due to any reasons in which he does not attain the retirement, may upon employment resume membership: 54 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Provided that this provision shall not apply to members who cease to be members under circumstance referred to in paragraphs (a) and (b) o f section 26(1) o f the Act.” Amendment of section 6

Section 82AVerify source

§ 83The principal Act is amended in section 6, bySubstitution

Section 6 is amended by replacing the phrase “Parastatal Pensions Fund” with “PPF Pensions Fund.”

83. The principal Act is amended in section 6, by the phrase “Parastatal Pensions Fund” and deleting substituting for it the phrase “PPF Pensions Fund.” Amendment of section 7

Section 83Verify source

§ 84The principal Act is amended by repealingRepeal

This provision repeals section 7 of the principal Act and replaces it with new text.

84. The principal Act is amended by repealing section 7 and substituting for it the following: “ Management of the I-und

Section 84Verify source

§ 7(l) The Board shallProvision

The Board is responsible for managing and controlling the Fund and must submit annual financial and other reports to the Authority.

7 .-(l) The Board shall ^ responsible for the M anagem ent and control o f the Fund in accordance with the provisions o f this Act and Regulation made under this Act and directives, guidelines and Regulations issued under the Social Security (Regulatory Authority) Act. (2) The Board shall subm it to the Authority annually, financial and other reports on the activities o f the Fund as required by the Authority for efficient management of the Fund, regulation and monitoring o f the activities of the Fund. (3) Financial reports under subsection ( 1) shall contain- (a) (b) the financial position o f Fund at that time; entries made day to day o f all sums o f money received and expended by the Fund in respect o f and matters which and receipt the expenditure takes place; 55 a No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (c) the assets and liabilities o f the Fund; and (d) other information as may the required by be Authority.” Addition of section 7A

Section 7Verify source

§ 85Section 85Amendment

This section amends the principal Act by inserting a new section after section 7 titled “Appointment- Director General.”

85. The principal Act is amended by adding immediately after section 7 the following new section: “Appointment- Director General

Section 85Verify source

§ 7A(1) There shall be aProvision

This section creates a Director General for the Fund, appointed by the President, and gives the Board power to appoint other staff with the Minister’s consent.

7A.-(1) There shall be a Director General to be appointed by the President. (2) The Director General shall be the C hief Executive Officer of the Fund and be responsible for overseeing the daily operations o f the Fund and shall be the Secretary to the Board. (3) The Director General shall hold office for a term of five years and may subject to satisfactory performance, be eligible re appointment. for (4) in writing o f The Board may, with the the consent Minister, appoint such other officers and employees o f such designation as it considers necessary for the efficient conduct o f the business o f the Fund and upon the salaries and other terms and conditions as may be determined by the Board.”

Section 7AVerify source

§ 86The principal Act is amended in section 8 byRepeal

Employers must contribute to the Fund for a member, and the Board determines the contribution amounts subject to the Social Security Regulatory Authority Act.

86. The principal Act is amended in section 8 by- (a) repealing substituting subsections: subsections them for ( 1) the and and (2) following new “(I) The o f m ember’s contribution to the Fund shall be determined by the rate a 56 Amendment o f section 8 Cap 434 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 subject o f Board provisions Security Authority) Act. to the Social the (Regulatory (2) An em ployer o f a member shall, contribute to the Fund am ount of the money as may be determined 3 o a r c j s u b j e c t ^ t h e t o ^ Cap. 135 C3p. 135 o f the Social provisions Security (Regulatory Authority) Act in respect o f the member.5' (b) (c) the word “shall" adding immediately after appearing in subsection (3) the phrase “ subject the to the rules as may be prescribed by Authority” . adding immediately after following new subsections: subsection (3) the Amendment of section 10 Amendment of section 11 “(4) The em ployer shall remit the basic is on contributions based on salary o f an employee who suspension or interdiction.”

Section 86Verify source

§ 87The principal Act is amended in section 10, bySubstitution

This section amends section 10 of the principal Act by replacing “parastatal” with “employer” in subsection (2).

87. The principal Act is amended in section 10, by in deleting the word “parastatal” wherever subsection (2) and substituting for it the word “em ployer.” it appears

Section 87Verify source

§ 88The principal Act is amended in section 11, byAmendment

An authorized Fund officer may demand and inspect an employer’s records, and the employer must give access.

88. The principal Act is amended in section 11, by- (a) (b) re-designating section 11 as section 11( 1); and adding immediately after the re-designated subsection ( 1) the following new subsection: “(2) The officer o f the Fund authorized by the Director General shall have the power to demand and 57 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 inspect the records o f the employer and the employer shall be obliged to give access to the records. (3) A refusal by the employer to allow an officer o f the Fund shall constitute an offence” . records access to Amendment o f section 12 Amendment o f section 13

Section 88Verify source

§ 89The principal Act is amended in section 12, bySubstitution

This section changes section 12 of the principal Act by replacing the words “this Act” at the end with “this Act and Social Security (Regulatory Authority) Act.”

89. The principal Act is amended in section 12, by deleting the phrase “this Act” appearing at the end of that section and substituting for it the phrase “o f this Act and Social Security (Regulatory Authority) Act.”

Section 89Verify source

§ 90The principal Act is amended in section 13, bySubstitution

This section amends section 13 of the principal Act by replacing one phrase and adding section 13A.

90. The principal Act is amended in section 13, by deleting the phrase “any directions o f the M inister” appearing in the first line o f subsection (1) and substituting for it the phrase “ investment guidelines issued by the Bank under the Social Security (Regulatory Authority) A c t” . Addition of section 13A

Section 90Verify source

§ 91Section 91Amendment

This provision amends the principal Act by inserting a new section immediately after section 13.

91. The principal Act is amended by adding immediately after section 13 the following new section: 13

Section 91Verify source

§ 13A(1)Amendment

The Board must invest Fund money only in economically viable ventures it considers appropriate, and the Bank may direct compliance or stop an investment if needed.

13A.-(1) The Board shall, subject to the provisions of this Act, of section investment regulations and guidelines or directions issued by the Bank under the Social Security (Regulatory Authority) Act, invest the money of the Fund in any economically viable venture it considers appropriate. (2) The Board shall, ir. determining the appropriateness o f the venture to invest in, take into account the economic an: commercial viability of thz: venture. “ Investment procedure 58 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (3) W here an investment is made in breach o f subsection (1), the Board Director or manager o f the Fund who took Cap 135 decision t0 invest Part *n shall be personally liable to a penalty or fine of as prescribed Security under (Regulatory Authority Act). Social the (4) Notwithstanding a penalty which may be imposed in terms of subsection (3), the Bank shall have power to- (f) require the Funa to comply with procedures the prudential and guidelines for investment; (b) discontinue the (c) investment; or take other measures as be may appropriate.” Amendment of section 14

Section 13AVerify source

§ 92The principal Act is amending in section 14, byRepeal

This section amends section 14 of the principal Act, including changing a phrase, requiring annual audit of the Fund’s accounts, and requiring the Scheme to submit accounts and the auditor’s report.

92. The principal Act is amending in section 14, by- (a) (b) “balance sheet” phrase deleting the closing statem ent o f appearing at the subsection ( 1) and substituting for it the phrase “statement o f net assets available for benefits” . repealing subsection (2), and substituting for it the following new subsection: “(2) The accounts including the statement o f net assets available for benefits of the Fund relating to the financial year shall, not later than 59 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 three months after the close of every financial year, be audited by the Controller and Auditor-General.” (c) adding immediately after subsection (4) the following new subsection: Cap-135 scheme Security “(5) The shall, subject to the provisions o f the (Regulatory Social Authority) Act, the to Authority and to the Bank a copy of statement of accounts together with a copy of the report made by the auditor’. audited submit the Amendment o f section 16

Section 92Verify source

§ 93The principal Act is amended by repealing sectionRepeal

This provision amends the principal Act by repealing section 16 and replacing it with new text headed “Evaluation of the Fund Cap. 135”.

93. The principal Act is amended by repealing section 16 and substituting for it the following: “ Evaluation of the Fund Cap. 135

Section 93Verify source

§ 16A(1)Amendment

The Board must have the Fund’s assets and liabilities evaluated every three years, or at another interval the Authority directs.

16A.-(1) The Board shall, at intervals of three years or at any other intervals as the Authority may direct, cause the assets and liabilities o f the Fund to be evaluated by an actuarial. (2) A report o f out the evaluation in carried accordance with subsection (1), shall the to Authority and the M inister.” submitted be (3) Based on the report, the Authority may direct the Fund to take measures as may be necessary an anomaly revealed by the report.” rectify to Amendment o f section 17

Section 16AVerify source

§ 94The principal Act is amended in section 17, bySubstitution

This provision changes section 17 of the principal Act by replacing “the Parastatal Pensions Fund” with “PPF Pensions Fund” in subsection (1).

94. The principal Act is amended in section 17, by the phrase “the Parastatal Pensions Fund” deleting appearing in subsection ( 1) and substituting for it the phrase “PPF Pensions Fund”. 60 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 18

Section 94Verify source

§ 95The principal Act is amended in section 18, byAmendment

The Authority may direct acts and things needed for efficient management of the Fund.

95. The principal Act is amended in section 18, by adding immediately after paragraph (f) the following new paragraph: Amendment of section 20 “(g) to do such acts and things as the Authority may direct for efficient m anagem ent o f the Fund.”

Section 95Verify source

§ 96The principal Act is amended in section 20, byRepeal

This amendment changes section 20 by renumbering section 20(1) as section 20 and repealing subsection (2).

96. The principal Act is amended in section 20, by- (a) (b) re-designating section 20( 1) as section 20; and repealing subsection (2). Amendment of section 22

Section 96Verify source

§ 97The principal Act is amended in section 22, byAmendment

This provision amends section 22 by adding “and the Social Security (Regulatory Authority) Act” at the end of paragraph (d).

97. The principal Act is amended in section 22, by adding the phrase “and the Social Security (Regulatory Authority) Act” at the end o f paragraph (d). Amendment of section 24

Section 97Verify source

§ 98The principal Act is amended in section 24, byRepeal

This section changes retirement rules: a member may retire at 55, must stop pensionable service at 60, and an employer may pay members’ contributions up to six months before compulsory retirement.

98. The principal Act is amended in section 24, by- fa) repealing substituting for subsections: subsections them (1) and the following new (2) and “(1) A member may elect to retire from the service after he has attained the age of fifty-five years which is the age o f voluntary retirement. continue (2) Notwithstanding subsection (1), a member shall not be permitted service on to pensionable terms after attaining the age o f sixty years which is the age o f compulsory retirement.” the in (b) adding immediately after subsection (3), the following new subsection: “(4) An em ployer may remit the m embers’ contributions at least six months in advance before the date of the member’s compulsory 61 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 contributions retirement and to ensure that arrears o f additional contributions are paid to the Fund prior retirement the m em ber’s date.” or to Amendment o f scetion 25

Section 98Verify source

§ 99The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 25 and replacing it with new text.

99. The principal Act is amended by repealing section 25 and substituting for it the following: “ Pension as °f nght for

Section 99Verify source

§ 25Except for collateral,Repeal

Benefits payable under this section are a matter of right, and no person or authority may reduce, withhold, or freeze them except for collateral, a home mortgage, or a competent court order.

25. Except for collateral, home mortgage or an order of any competent court the periodical paym ent o f sums of money towards the maintenance of dependants of the member to whom the periods or gratuity has been awarded, pension,, gratuity, survivor’s benefit or any other benefits conferred to a member or his dependants under this Act shall be payable as a matter of right and no person or authority may reduce, withhold or freeze such benefits.” Amendment of section 27 Amendment o f section 28 Cap. 135 Repealing o f section 30

Section 25Verify source

§ 100The principal Act is amended in Section 27(1),Amendment

This section changes Section 27(1) by renaming paragraph (c) as paragraph (b).

100. The principal Act is amended in Section 27(1), by renaming paragraph (c) as paragraph (b).

Section 100Verify source

§ 101The principal Act is amended in section 28, byAmendment

This section amends section 28 of the principal Act by inserting a reference to the Social Security (Regulatory Authority) Act.

101. The principal Act is amended in section 28, by adding the phrase “and the provisions of the Social Security (Regulatory Authority) Act,” immediately after the word “ Act” appearing in the first line o f subsection (1).

Section 101Verify source

§ 102'ITie principal Act is amended by repealing sectionRepeal

This section amends the principal Act by repealing section 30 and replacing it with a new provision.

102. 'ITie principal Act is amended by repealing section 30 and substituting for it the following provision: 62 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 “ Pension where service is terminated on public interest o f the

Section 102Verify source

§ 30Where an officer’s serviceAmendment

If an officer’s service is terminated, the officer may be granted benefits up to the amount they would have received on retirement from the Public Service, subject to the stated conditions.

30. Where an officer’s service is terminated and having regard to the conditions of the Public Service, the usefulness o f the officer and all the circumstances such case, for public is desirable termination interest, the Officer whose service is terminated shall be granted benefits not exceeding the amount which the officer would be eligible o f if he retired from Public Service the circumstances described in paragraph (e) o f section 26” in Amendment of scction 31 Amendment of scction 33 Cap. 135

Section 30Verify source

§ 103The principal Act is amended in section 31, bySubstitution

Section 31 is amended so that the proviso on pensionable emoluments is replaced.

103. The principal Act is amended in section 31, by deleting the proviso to that section and substituting for it the following new proviso: “ Provided that his pensionable emoluments for the purposes o f this section shall be those which are taken for computing his pension in the public service.”

Section 103Verify source

§ 104The principal Act is amended in section 33, byAmendment

This section amends section 33 and adds a new rule allowing a member’s pension or gratuity to be used only with the member’s written consent.

104. The principal Act is amended in section 33, by - (a) (b) re-designating section 33 as section 33(1); and adding immediately after the re-designated subsection (1) the following new subsection- “(2) W here a member has consented in writing, the pension or gratuity shall be used- (a) with in as a collateral security the accordance provisions o f section 38 o f the Security (Regulatory Authority) Act; and in discharging a debt due to the employer.” Social (b) 63 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment o f section 34

Section 104Verify source

§ 105The principal Act is amended by deletingSubstitution

This section replaces the proviso to section 34 so that the payment under that section cannot be less than the member’s and employer’s contributions to the Fund plus interest set by the Authority.

105. The principal Act is amended by deleting proviso to section 34 and substituting for it the following- p ro v id e d that the payment under this section shall not be less than the aggregate o f the m ember’s and employer’s contributions to the Fund with interest at the rate to be determined by the Authority” . Amendment o f section 39 by-

Section 105Verify source

§ 105AThe principal Act is amended in section 39Repeal

This section amends section 39 by deleting the definition of “annual pensionable emolument,” changing “ten thousand” to “hundred thousand” in subsection (3), and repealing section 35.

105A. The principal Act is amended in section 39 fa) deleting the definition o f “annual pensionable emolument” and (b) deleting the words “ten thousand” appearing in subsection (3) and substituting for them the words “hundred thousand.” Repealing o f section 35

Section 105AVerify source

§ 106The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 35 and replacing it with new provisions.

106. The principal Act is amended by repealing sections 35 and substituting for it the following provisions: “ President fVom^Trtem conditions

Section 106Verify source

§ 35(1) A m ember who is aProvision

A public officer who is a member may apply for exemption from a condition under the Act, with an affidavit and a specified authority’s recommendation, and the President may grant it.

35.-(1) A m ember who is a Public officer may by application to supported by an the President, affidavit and on the recommendation of a specified authority, apply for exemption from the application to him of any condition under this Act. For the purpose o f ( 1), (2) subsection “specified authority means - expression the fa) in relation to a public officer serving under a district or regional the administration, Regional Administrative Secretary; 64 No. 5 The Social Security Laws (Amendments) Act, 2012_______ 2012 (b) (c) (d) in relation to a public in a officer serving M inistry, the Perm anent Secretary; in relation to a public officer serving in an extra-M inisterial Department, the Head o f the Department; and in relation to a public office serving in a government local authority, the City Director, M unicipal Director or District Executive Director. (3) Upon recommendation the the specified authority, by application shall be submitted by the specified authority the Authority for determination and recommendation to the President is o f section 38A o f the in So (Regulatory Authority) Act. Security to (4) President, may grant the exemption if he is satisfied that the application of such condition under the Act to a member who is a public officer would unfairly disqualify that member from grant of benefits.”

Section 35Verify source

§ 107The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing sections 37 and 44.

107. The principal Act is amended by repealing sections 37 and 44.

Section 107Verify source

§ 108The principal Act is amended in section 38, byRepeal

This section amends section 38 of the principal Act by replacing paragraphs (b), (c), and (d) with new paragraphs.

108. The principal Act is amended in section 38, by deleting paragraphs (b), (c), and (d) and substituting for them the following new paragraphs- Repealing o f action 37 and 44 ‘jnendmcnt :f section 38 65 No. 5 The Social Security Lcnvs (Amendments) Act, 2012 2012 “(b) (c) (d) (e) where the deceased member was a female, the husband o f such deceased member; any legitimate or legally adopted child who is unmarried and is not gainfully employed and has not attained the age o f eighteen years; being of the age o f eighteen years or above, but is incapable o f self support due to mental or physical disability; and immediate parents of the deceased member.” Amendment of section 40

Section 108Verify source

§ 109The principal Act is amended in section 40, byRepeal

Survivors benefit payments stop after three years from the deceased member’s death date, or when the recipient dies; for a dependant child, payments stop when the child turns 18.

109. The principal Act is amended in section 40, by the substituting (4) and for it repealing subsection following: “(4) The paym ent of survivors benefit shall cease upon expiry o f three years from the date following the date o f death o f the deceased member or on the recipient’s death, except in the case of any dependant child, the payment shall cease upon such child attaining the age o f eighteen.” Amendment of section 45 by-

Section 109Verify source

§ 110The principal Act is amended in section 45,Amendment

This section amends section 45 by adding a new paragraph about failing, without lawful excuse, to fill and submit a claim to the Fund, and by renaming later paragraphs.

110. The principal Act is amended in section 45, (a) adding immediately after paragraph (e) the following new paragraph: “(f) fails without lawful excuse to fill and submit to the Fund the claim member whose benefits are due;” and (h) as (f), respect of a (g) and form in renaming paragraphs paragraphs (g), (h) and (i). (b) Amendment of section 46

Section 110Verify source

§ 111The principal Act is amended in section 46, bySubstitution

Section 46 is amended by replacing a word in subsection (1) with “court of competent jurisdiction” and by renumbering the second paragraph of subsection (1) as subsection (2).

111. The principal Act is amended in section 46, by - (a) “magistrate” deleting the word which appears in o f subsection (1) and substituting for the phrase “court of competent jurisdiction; and it 66 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (b) numbering the contents of second paragraph o f subsection ( 1) as subscction (2). Amendment of section 47

Section 111Verify source

§ 112The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 47 and replacing it with new text.

112. The principal Act is amended by repealing section 47 and substituting for it the following- “ Recovery o f contributions Cap. 33

Section 112Verify source

§ 47(1) Any action for recoveryCommencement

The Board of Trustees may bring recovery actions for contributions, and its officer or appointed advocate may appear and conduct those proceedings.

47 .-(1) Any action for recovery of contributions under section 45 may be instituted by the Board o f Trustees, instituted and where an action before any court, any officer of the Fund or an advocate appointed by the Fund in that behalf may appear and conduct the proceedings. is (2) Every statutory contribution due to the Fund may be recovered by a summary suit under order XXXV of the Civil Procedure Code at any time within twelve years after the date on which it is due. statutoiy (3) Where an offence is committed by reasons o f non-payment of no prosecution commenced without the consent of the Director o f Public Prosecutions.” contribution, shall be Amendment of section 50

Section 47Verify source

§ 113The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 50 and replacing it with a new provision titled “Protection of Contributions.”

113. The principal Act is amended by repealing the following new it section 50 and substituting for provision: “ Protection o f • Contiibutions

Section 113Verify source

§ 50Notwithstanding anythingRepeal

If a judgment or order is made against a member covered by section 33, no execution, attachment, or other process may be issued against that member’s contributions.

50. Notwithstanding anything the contrary contained in any other . written law, where any judgm ent or Order is made against a member subject to the provision of section 33, no execution, attachm ent or process o f any nature shall be issued against contributions o f that member.” 67 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of scction 51 Amendment of section 55 Repeal of scction 56 Amendment of section 57 Amendment o f the Schedule

Section 50Verify source

§ 114The principal Act is amended in section 51, byRepeal

Section 51 of the principal Act is amended by repealing subsection (5).

114. The principal Act is amended in section 51, by repealing subsection (5).

Section 114Verify source

§ 115The principal Act is amended in section 55, bySubstitution

This provision amends section 55 of the principal Act by replacing the word “one” with “done”.

115. The principal Act is amended in section 55, by deleting the word “one” appearing in the third line and substituting for it the word “done” .

Section 115Verify source

§ 116The principal Act is amended by repealingRepeal

This section repeals section 56 of the principal Act.

116. The principal Act is amended by repealing section 56.

Section 116Verify source

§ 117The principal Act is amended in section 57, byAmendment

Section 57 is amended so that the word “may” is followed by “in consultation with the Authority.”

117. The principal Act is amended in section 57, by inserting immediately after the word “may” appearing in the first line the words “ in consultation with the Authority.”

Section 117Verify source

§ 118The Schedule to the principal Act is amended bySubstitution

The Board’s composition is revised, and the Minister must ensure appointees are proper and fit for the Board’s advisory functions.

118. The Schedule to the principal Act is amended by - (a) deleting item 1 and substituting for it the following new item: “ 1 .-(1) The Board shall consist of - (a) (b) (c) shall be a Chairman who appointed by the President; two members representing organizations o f employees the majority of whom are members to the Fund; two members representing the most representative employers organization; (d) a representative o f the Ministry responsible for finance; (e) a representative of the Attorney (f) General; and a member representing private sector amongst appointed persons with knowledge and expense in Social Security. 68 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 “(2) Subject to sub-item (1) the M inister in appointing shall members of the Board, ensure that all members are proper and fit persons for performing advisory functions o f the Board under the provisions o f this Act, regulations made thereunder. (b) (e) deleting paragraph 6 and substituting for it the following new paragraph: “ Secretary to the Board

Section 118Verify source

§ 6(l)Provision

The Director General Fund must serve as secretary to the Board, and the Board secretary may take part in proceedings but cannot vote.

6 .-(l) Director General Fund be shall secretary to the Board. The the the (2) The Secretary' to the Board the may take part in proceedings the Board but shall not have the right to vote.” of the words “and inserting immediately appearing in the second line o f paragraph 10. the Secretary” “Chairm an” the word after PA R I’ VI A m e n d m e n t o f t h e P u b lic S e r v ic e R e t ir e m e n t B e n e f it s A c t , (C a p 371) Construction Cap. 135

Section 6Verify source

§ 119This Part shall be read as one with the PubjicAmendment

This section says this Part must be read together with the Pubjic Service Retirement Benefits Act, which it calls the principal Act.

119. This Part shall be read as one with the Pubjic Service Retirement Benefits Act, hereinafter referred to as the “principal Act.” Amendment of section 2

Section 119Verify source

§ 120The principal Act is amended in section 2 byRepeal

This provision replaces section 2 of the principal Act with a new section headed “Application.”

120. The principal Act is amended in section 2 by repealing that section and substituting for it the following new section: “Application

Section 120Verify source

§ 2Section 2Repeal

This Act applies to people employed in the formal or informal sector who are not registered or insured under any other written law.

2. This Act shall apply to a person employed in formal or informal sector who has not been 69 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 3 Cap. 135 Cap. 197 registered or other written law.” insured under any 121, The principal Act is amended in section 3, by- in fa) their respective alphabetical inserting order the following new definitions: “Authority” means the Social Security Regulatory Authority established by section 4 of the Social Security (Regulatory Authority) Act; “actuarial” means a person trained to understand risks and probabilities and to apply such skills to the financial problem especial those such involving uncertain future events human mortality and mobility and is a member o f an institute, society or association o f actuaries approved by the Authority, “actuarial valuation” means valuation o f assets and liabilities of a scheme o f the Fund made by an actuarial; “actuarial report” means a report prepared by an actuarial who effected actuarial evaluation under this Act; “administration expenses” means all cost incidental or in relation to registration o f members, collection of m em bers’ contributions and disbursement o f m em bers’ benefits; “Bank” means the Bank of Tanzania established under the Bank o f Tanzania Act; contract “ formal sector” means the sector which include employers and employees who have entered into or of apprenticeship or any other contract; “ informal sector” means the sector which include workers who work informally and who do not work in terms o f an employment contract or any other contract; employment 70 No. 5 The Social Security Laws (Amendments) Act, 2012_______ 2012 o f deleting the words the definition (b) “em ployee”; “member” means a person employed in the formal or sector within Mainland Tanzania, but does not include a person who has been registered or insured under any other written law.” informal “em ployee” means an individual who- a (a) has entered into contract o f employment; or the individual undertakes (b) has entered into any other contract in to which work personally for the other party to the contract the other party is not a client or customer of any profession, business, or undertaking carried on by the individual; or is deemed to be an employee by the Minister under section 98(3) o f the Employment and Labour Relations Act; is deemed in accordance with section 61 o f the Labour Institutions Act; to be an employee (c) (d) “member” means any employee employed in the formal or informal sector within Mainland Tanzania, excluding any person who has been registered or insured under any other written law; “salary” means gross salary o f the member payable to an employee in consideration o f the service rendered under the contract o f service or apprenticeship or any other form o f office o f call, excluding bonus, commission, cost o f living allowance, overtime payment, D irector’s lees or any other additional emoluments;” 71 No. 5 'Ihe Social Security Laws (Amendments) Act, 2012 2012 “self employed” means a person who does not work terms o f contract of employment or in contract any apprenticeship contemplated in the definition of the term employee” . deleting the word “Civil” appearing in the definition of the word” Service. other (c) or Amendment of scction 5 122, The principal Act is amended in section 5, by repealing that section and substituting for it the following: “ Membership o f the scheme

Section 2Verify source

§ 5An employee in formal andRepeal

An employee in the formal or informal sector who is not already registered or insured under another scheme may become a member of the Fund under this Act.

5. An employee in formal and informal sector who is not registered as a member or insured person under any other scheme may become a member o f the Fund under this Act.” 123, The principal Act is amended by repealing section 6 and substituting for it the following provisions: o f

Section 5Verify source

§ 6(l) TheAmendment

Employers must pay contribution amounts for members, and employers of non-citizens must remit contributions for those employees.

6 .-(l) The rate “ Compulsory contribution Amendment o f section 6 C a p . 135 Cap. 135 a member’s contribution to the Fund may be recommended by the Board subject to the provisions of section 25 Security the (Regulatory Authority) Act. Social o f to (2) An employer o f a the member shall, contribute Fund the amount of money as may be determined by the Board subject to the provisions o f section 25 o f the Social Security (Regulatory Authority) Act in respect of the member. (3) The contribution o f a member and o f the employer to the pension, gratuity or other benefits shall, to the extent that a member the retires provisions o f section 16, be of right. accordance with in 72 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (4) An employer o f a non citizen shall remit contribution for that employee in accordance with the provision o f this Act.” Amendment of section 11 Amendment of iction 12 unendment ('section 16

Section 6Verify source

§ 124The principal Act is amended in section 11, byRepeal

Section 11 is amended by repealing subsection (3).

124. The principal Act is amended in section 11, by repealing subsection (3):

Section 124Verify source

§ 125The principal Act is amended in section 12, byRepeal

If a member dies while in service, the member’s dependants are entitled to a funeral grant at a rate set by regulations.

125. The principal Act is amended in section 12, by repealing subsection (2) and substituting for it the following new subsection- “(2) Where a member dies in service, his dependants shall be entitled to a funeral grant at a rate prescribed in the Regulations made under this Act.”

Section 125Verify source

§ 125AThe principal Act is amended in section 16,Amendment

This provision amends section 16 of the principal Act by adding a new section about a penalty for payment of benefits.

125A. The principal Act is amended in section 16, by adding the following new section: “Penalty for payment ofbcneiits

Section 125AVerify source

§ 16A(1) AnAmendment

Employers must notify the Fund in writing before an employee retires, and the Fund must pay due retirement benefits within 60 days after retirement.

16A.-(1) An em ployer . shall, within six months before ’ the date of retirement of his in employee, notify o f about writing retirement of his employee. the Fund date the (2) The Fund shall ensure date that, within sixty days following the o f retirement, pay to the member the due retirement benefits. of notification (3) W here the Fund a fails to pay retirement benefits to a member within period specified under sub-section (2), and the member is not responsible for that failure, the Fund shall pay the member the principal sum that is due for payment as retirement 73 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 benefits plus a penalty o f fifteen percent o f that sum per annum.” Amendment of section 18

Section 16AVerify source

§ 126The principal Act is amended in section 18, byRepeal

Section 18 of the principal Act is amended by removing specified text, deleting paragraph (c), and repealing (b).

126. The principal Act is amended in section 18, by- fa) deleting the “semi-colon” and the word “or” appearing item (ii) o f in paragraph (b) and substituting for it a “full-stop.” deleting paragraph (c). The principal Act is amended by repealing (b)

Section 126Verify source

§ 127Section 127Substitution

The President may exempt someone or something from certain conditions.

127. section 27 and substituting for provisions; it the following new Amendment o f section 27 ‘‘President may exempt from certain conditions

Section 127Verify source

§ 27(1) A member who is aAmendment

A public officer who is a member may apply to the President for exemption from a condition under the Act, with an affidavit and a recommendation from the specified authority.

27.-(1) A member who is a public officer may by application to the President, an affidavit and on the recommendation of a specified authority, apply for exemption from the application to him of any condition under this Act. supported by (2) For the purpose of (a) relation the expression ( 1), subsection “specified authority means - in to a public officer serving under a regional or district administration, the Regional Administrative Secretary; to a public in officer a serving Ministry, the Permanent Secretary; in officer serving extra-Ministerial Department or public to a public in an relation relation (b) (c) in 74 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (d) institution, the Head o f the Departm ent or the public institution; and in relation to a public officer serving in a local authority, government the Director, City Municipal D irector or the District Executive Director. authority, (3) Upon recommendation by the the specified application shall be submitted by tht specified authority to the Authorit) for and determination recommendation to the President in terms of section 38A o f the Social Security (Regulatory Authority) Act. (4) President may grant the exemption if he is satisfied that the application of such condition under the Act to a member who is a public officer would unfairly disqualify that member from grant of benefits. Amendment of section 33

Section 27Verify source

§ 128Section 128Repeal

This provision amends the principal Act by repealing section 33 and replacing it with new text.

128. The principal Act is amended by repealing section 33 and substituting for it the following - ‘"Management o f the Fund

Section 128Verify source

§ 33The Board shall beAmendment

The Board is responsible for managing and administering the Fund.

33. The Board shall be responsible for the management and administration o f the Fund in accordance with the provisions o f this Act, regulations made under the Social Security the Act, (Regulatory Authority) Act, and regulations made by the M inister 75 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 the Social for Social Security responsible under Security (Regulatory Authority) Act and any guidelines and directives as may the prescribed Authority for better regulation and monitoring o f the activities of the Fund.” by be Amendment of section 34

Section 33Verify source

§ 129The principal Act is amended in section 34 byAmendment

This section amends section 34 to set the Director General’s office term at five years and allow reappointment if performance is satisfactory.

129. The principal Act is amended in section 34 by adding immediately after subsection (3) the following new subsection: a term o f five years and may, subject “(4) The Director General shall hold office to re for satisfactory performance, be appointment.” eligible for Amendment of section 36

Section 129Verify source

§ 130The principal Act is amended in section 36, bySubstitution

The Minister may make regulations after consulting the Authority.

130. The principal Act is amended in section 36, by deleting the opening phrase and substituting for it the following: “The Minister may, in consultation with the Authority make regulations ” Amendment of section 37

Section 130Verify source

§ 131The principal Act is amended in section 37, byAmendment

Section 131 amends section 37 of the principal Act by adding a new paragraph covering “any other lawful income.”

131. The principal Act is amended in section 37, by inserting immediately after paragraph (d) the following new paragraph: “(e) any other lawful income.” Amendment o f scction 39 Amendment of section 41

Section 131Verify source

§ 132The principal Act is amended in section 39, bySubstitution

This section changes section 39(1) of the principal Act by replacing the word “wages” with “salary.”

132. The principal Act is amended in section 39, by deleting the word “wages” appearing in the first line of subsection (1) and substituting for it the word “salary.”

Section 132Verify source

§ 132AThe principal Act is amended in section 41 byAmendment

The employer may choose to contribute at a higher rate than subsection (2) allows, but this option does not apply in the stated case involving a member whose contribution rate does not exceed fifty percent of his contributions.

132A. The principal Act is amended in section 41 by- (a) adding immediately after-subsection (2) the following new subsections: “(3) The employer may opt to contribute a greater rate than the amount stipulated in subsection (2). 76 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (4) Where the employer agrees to contribute at " -eater rate, such option shall not apply to a member whose contribution rate at any given time does not exceed fifty percent of his contributions.” and renumbering subsections (3) and (4) as (b) subsections (5) and (6). Amendment of section 48 Amendment of scction 50

Section 132AVerify source

§ 133Section 133Amendment

Section 133 amends section 48 by adding “and the Authority” after “Minister” in subsection (3).

133. The principal Act is amended in section 48, by inserting the words “and the Authority” immediately after the word “M inister” appearing in subsection (3).

Section 133Verify source

§ 134The principal Act is amended in section 50, byAmendment

The Board must give the Authority annual or otherwise required reports about the Fund, including financial reports.

134. The principal Act is amended in section 50, by- (a) (b) 50'as section subsection re-designating 50(1); adding immediately after the re-designated new the subsection subsections; following (1) (2) The Board shall annually or at such other times as the Authority may require submit to the Authority financial report and other reports on the activities o f the Fund, better management of the Fund, regulation and monitoring o f the activities o f the Fund. necessary for as (3) Financial reports referred to under subsection (1) shall contain- (a) financial position o f the Fund at that time; assets and liability; results operations; statement o f cash flow; other information as may be required by the Authority.” fund’s the o f (b) (c) (d) (e) 77 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 51

Section 134Verify source

§ 135The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing a new section 51 and replacing it with a provision titled “Evaluation of the Fund.”

135. The principal Act is amended by repealing the following new it section 51 and substituting for provision: “Evaluation of the Fund

Section 135Verify source

§ 24A(1) The Board shall, atAmendment

The Board must have the Fund’s assets and liabilities evaluated every three years, or at other intervals the Authority directs, and submit the evaluation report to the Authority and the Minister.

24A.-(1) The Board shall, at }ntervais 0f three years or at any other intervals as the Authority may direct, cause the assets and liabilities o f the Fund to be evaluated by an actuarial. (2) A report o f the evaluation carried accordance with subsection (1), shall be submitted to the Authority and the M inister.” out in (3) The Authority may, upon the received of the report submitted to it after under senstinising that report, direct the Fund to take necessary measure to rectify an anomaly discovered in the report. subsection and (2) Amendment of section 52 by-

Section 24AVerify source

§ 136The principal Act is amended in section 52,Repeal

The section changes how the Board is made up, gives Board members a three-year term with one possible re-appointment, and requires the Minister to appoint fit and proper members.

136. The principal Act is amended in section 52, fa) repealing subsection (1) and substituting for it the following new subsections: “(1) The Board shall consist of the following members: (a) a Chairman who shall be appointed by the President; (b) a representative of the Public Service Management; (c) a representative o f the Attorney General; (d) a representative of responsible the for M inistry Finance; two members representing organizations o f employees the are o f whom majority members to the Fund; and (e) 78 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (f) two members representing the most representative employers organization;” (2) A member o f the Board shall hold office for a term o f three years and shall be eligible for re-appointment for another one term only.” subsections renumbering subsections (3) to(5). deleting figure “(g)” appearing in subsection (3) as renumbered and substituting for it the following new figure (b) to (f).” adding immediately after subsection (5) as renumbered the following new subsection: (4) as (2) to (b) (c) (d) “(6) The M inister shall, in appointing members ensure that all members are proper and fit persons for performing advisory functions o f the Board under the provisions of this Act and regulations made there under and the Social Security (Regulatory Authority) Act.” Amendment Section 53

Section 136Verify source

§ 137The principal Act is amended in section 53, byAmendment

Section 53 is amended to add a new paragraph allowing the Authority to direct acts needed for efficient management of the Fund.

137. The principal Act is amended in section 53, by adding immediately after paragraph (e) the following new paragraph: “(f) to do all such acts or thing as the Authority may direct for the purpose o f efficient management o f the Fund.” Amendment : f section 71

Section 137Verify source

§ 138The principal Act is amended in section 71, byAmendment

The law says certain officers may act as public prosecutors only if appointed by the Director of Public Prosecutions, and criminal proceedings under the section require the Director’s consent.

138. The principal Act is amended in section 71, by inserting the phrase “provided that the Director General, Inspector or such other officer is a public prosecutor appointed by the Director of Public Prosecutions” between the words “behalf’ and “and” . 79 ::s No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment o f section 71 139 principal Act is amended by - (a) and (b) re-designating section 71 as section 71(1); adding immediately after the re-designated subsection ( 1) the following new subsection: “(2) Any criminal proceedings shall instituted under this section not be without the consent of the Director of Public Prosecutions.” PART VII A m e n d m e n t o f t h e S o c i a l S e c u r i t y ( R e g u l a t o r y A u t h o r i t y ) A c t , (Ca p. 135) Construction Cap. 135 Amendment of section 3

Section 138Verify source

Part

Schedule or a higher contribution

§ 47Section 47Amendment

The Director General must report to the Authority if there is evidence that an employer has not remitted a member’s contribution to the Fund, and must also report unusual occurrences likely to jeopardize members’ interests or rights.

47. The principal Act is amended by adding immediately after section 15 the following new section- “Non remittance by the employer Qenera[ j s satisfied that there is 15A,-(1) W here the Director 34 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 evidence o f non remittance of the member’s contribution to the Fund by an employer as required under this Act, he shall report such default to the Authority. report prejudice (2)Without to subsection (1), the Director General the Authority any to shall unusual occurrence which in his opinion, jeopardize interests or rights of members of the Fund.” likely to is Amendment ol section !8

Section 47Verify source

§ 48The principal Act is amended by repealingRepeal

This provision amends the principal Act by repealing “Recovery.”

48. The principal Act is amended by repealing •Recovery

Section 48Verify source

§ 18(1)Commencement

A statutory contribution due to the Fund may be recovered by summary suit, and prosecution for non-payment cannot begin without the Director of Public Prosecutions’ consent.

18.-(1) contribution section 18 and substituting for it the following new section- statutory contribution due to the Fund may be recovered by way o f a summary suit the Civil under Order XXXV o f Procedure Code at any time after the date on which it is due. Eveiy Cap. 33 (2) statutory Where an offence is committed by reason o f non-payment of no prosecution commenced without consent of the Director of Public Prosecutions” . contribution, shall be Amendment of section 20

Section 18Verify source

§ 49The principal Act is amended in section 20, byAmendment

An entitled person may receive a home-mortgage benefit for a member used as collateral, if the member has not reached retirement age.

49. The principal Act is amended in section 20, by adding immediately after subsection (3) the following new subsections: “(4) W ithout prejudice to subsections (1), (2) and (3), benefit for entitled person may be for home mortgage for a used as collateral member who has not attained the age o f retirement. 35 No. 5_______ The Social Security Laws (Amendments) Act, 2012 2012 (5) The amount to be considered as the Cap. 135 value out of collateral for home mortgage shall be determined and set at the rate prescribed under regulations and guidelines made under the Social Security (Regulatory Authority) Act.” Addition o f section 20A

Section 49Verify source

§ 50The principal Act isAmendment

A public officer who is a member may apply to the President for an exemption from any condition under the Act, with an affidavit and recommendation from the specified authority.

50. The principal Act is amended by adding immediately after section 20 the following new provision: “President 20A.-(1) A member who is a iirorn Coertain Public officer may conditions supported application to the President, an by affidavit and on the recommendation for of a exemption from to the application him o f any condition under this Act. specified authority, apply (2) subsection “specified authority means - (1), the For the purpose of expression (a) in relation to a public officer serving under a district or regional administration, the Regional Administrative Secretary; (b) (c) in relation to a public in a officer serving Ministry, the Permanent Secretary, in relation to a public officer serving in an extra-Ministerial Department or public institution, the Head of the Department or the public institution; and 36 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (d) in in relation to a public office a serving government local the City authority, Director, Municipal Director or District Executive Director. (3) Upon recommendation by the specified authority, the application shall be submitted by the specified for authority determination and recommendation to the President in terms o f section 38A of the Social Security (Regulatory Authority) Act. the Authority to Amendment of section 21 (4) President may grant the exemption if he is satisfied that the application of such condition under the Act to a member who is a public officer would unfairly disqualify that member from grant o f benefits.

Section 50Verify source

§ 51The principal Act is amended in section 21, byAmendment

Section 51 amends section 21 and adds a new rule that benefits payable under the Act may be segmented under the Act’s provisions.

51. The principal Act is amended in section 21, by- re-designating section 2 1 as section 21(1); (a) and adding immediately after subsection (1) as re-designated the following new subsection: (b) “(2) The benefits payable under this Act may be segmented in accordance with the provisions o f this Act.” Amendment of section 24

Section 51Verify source

§ 52The principal Act is amended in section 24, bySubstitution

The Board may recommend the minimum monthly pension after consulting the Authority and using actuarial valuation.

52. The principal Act is amended in section 24, by deleting subsection (3) and substituting for it the following new subsection: “(3) The minimum monthly pension may be recommended by the Board upon consultation with the Authority and based on actuarial valuation.” 37 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment o f section 27

Section 52Verify source

§ 53The principal Act is amended in section 27, byRepeal

Section 27 is amended to add the words “for each completed month less than the pensionable age” after “earnings” in subsection (2).

53. The principal Act is amended in section 27, by adding the phrase “for each completed month less than the pensionable age” immediately after the word “earnings” appearing in subsection (2). Repeal of sections 31 and 32 Amendment of section 49

Section 53Verify source

§ 53AThe principal Act is amended by repealingRepeal

This section amends the principal Act by repealing sections 31 and 32.

53A. The principal Act is amended by repealing sections 31 and 32.

Section 53AVerify source

§ 53BThe principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 49 and replacing it with a new provision titled "Penalty for payment of benefits."

53B. The principal Act is amended by repealing section 49 and substituting for it the following: “Penalty for payment of benefits

Section 53BVerify source

§ 49(1) An employer shall, within sixAmendment

An employer must notify the Fund in writing of an employee’s retirement date within six months before retirement, and the Fund must pay the retirement benefits within 60 days after notification.

49.-(1) An employer shall, within six months before the date o f retirement of his employee, notify in writing the Fund about the date of retirement o f his employee. (2) The Fund shall ensure that, within sixty days following the date o f notification of retirement, pay the member the due retirement benefits. to (3) Where the Fund fails to pay retirement benefits to a member within a period specified under sub-section (2), and the member is not responsible for that failure, the Fund shall pay the member the principal sum that is due for paym ent as retirement benefits plus a penalty of fifteen percent of that sum per annum .” Amendment of section 42

Section 49Verify source

§ 54The principal Act is amended in section 42, byRepeal

The amended subsection says medical benefits must include preventive and curative care, including essential drugs, clinical pathology, X-rays, tests, hospitalization, and minor or major surgery, subject to the Social Security (Regulatory Authority) Act and any other benefits the Board determines.

54. The principal Act is amended in section 42, by deleting subsection (2) and substituting for it the following new subsection- Cap. 135 “(2) Subject to the provisions o f the Social Security (Regulatory Authority) Act, medical benefits to be granted shall include preventive and curative care including but not limited to essential drugs, clinical pathology and X-rays, tests, hospitalization, minor and major surgery or any other benefits as may be determined by the Board.” laboratory 38 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Repeal of section 46 Amendment of section 47

Section 54Verify source

§ 55The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 46.

55. The principal Act is amended by repealing section 46

Section 55Verify source

§ 56TheRepeal

This section amends the principal Act by repealing section 47 and replacing it with a new section titled “Restriction on double payment.”

56. The principal Act is amended by repealing section 47 and substituting for it the following new section- Restriction on double payment

Section 56Verify source

§ 47(l) An insured person orAmendment

An insured person or dependant may not receive more than one benefit for the same contingency, unless the person is a member of both mandatory and supplementary schemes.

47.-(l) An insured person or his dependant shall not be entitled to receive more than one benefit paid out in respect of the same contingency. provision o f The subsection (1) shall not apply to an insured person who is a member o f both mandatory and supplementary schemes. (2) (3) Subject to the provision of subsection (1), an insured person or his dependant who qualifies for more than one benefit in respect o f the same contingency shall be entitled to be paid the benefit which is the highest or greater.” Amendment of section 48

Section 47Verify source

§ 57The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 48 and replacing it with new text headed “Adjustment of benefits Cap. 135 standards”.

57. The principal Act is amended by repealing section 48 and substituting for it the following - “ Adjustment of benefits Cap. 135 standards

Section 57Verify source

§ 48(l) The rates o f benefit payableRepeal

Benefit rates must be set in line with the Social Security (Regulatory Authority) Act and updated using actuarial valuation, as directed by the Authority.

48.-(l) The rates o f benefit payable in shall be determined and be set conformity with and guidelines issued in accordance with the provisions o f the Social Security (Regulatory Authority) Act (2) Benefit rates shall be received from time to time by the Board and adjusted line with actuarial valuation o f the Fund as may be directed by the Authority.” in 39 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Repealing o f section 57 a . The principal Act is amended by repeaiing section 49 and substituting for it the following: “Penalty for payment o f benefits

Section 48Verify source

§ 49(1) An em ployerAmendment

An employer must tell the Fund in writing when an employee is due to retire, and the Fund must pay retirement benefits within 60 days after notification.

49.-(1) An em ployer shall, within six months before the date of retirement of his employee, notify the Fund in writing about the date o f retirement o f his employee. (2) The Fund shall ensure that, within sixty days following the date of notification o f retirement, pay the due the member retirement benefits. to (2), and (3) W here the Fund fails to a to pay retirement benefits member within a period specified under sub-section the member is not responsible for that failure, the member the principal sum that is due retirement benefits plus a penalty o f fifteen percent o f that sum per annum.” the Fund shall pay for payment as Amendment of section 53

Section 49Verify source

§ 58The principal Act is amended in section 53, bySubstitution

This provision amends section 53 of the principal Act by replacing a schedule reference and adding wording in subsection (1).

58. The principal Act is amended in section 53, by- (a) deleting the reference to the “Third Schedule” appearing in subsection (3) and substituting for it the reference to the “Second Schedule” ; and (b) inserting the phrase “which shall be registered by the word immediately after the Authority” “Fund’\appearing in subsection (1). Amendment o f section 55

Section 58Verify source

§ 59The principal Act is amended in section 55, bySubstitution

This provision changes section 55 by replacing paragraph (a) with new wording about Fund policy functions.

59. The principal Act is amended in section 55, by deleting paragraph (a) and substituting for it the following new paragraph- 40 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 Amendment of section 56 “(a) to formulate, implement and review policies relating to the Fund in accordance with this the Social Security (Regulatory Act and Cap. 135 Authority) Act.”

Section 59Verify source

§ 60The principal Act is amended in section 56, bySubstitution

This section amends section 56 of the principal Act to add a new paragraph requiring the Fund’s accounts to be submitted each financial year for auditing by the Controller and Auditor-General.

60. The principal Act is amended in section 56, by- (a) (b) deleting a full stop appearing at the end of paragraph (c) and substituting for it a sem i colon; adding immediately after paragraph (c) the following new paragraph: “(d) to submit accounts of the Fund in respect of each financial year for auditing by the Controller and Auditor-General; Amendment of section 61

Section 60Verify source

§ 61The principal Act is amended in section 61 bySubstitution

The Board must keep a reserve account for unused accumulated revenues and manage funds under the Social Security Regulatory Authority Act.

61. The principal Act is amended in section 61 by - (a) adding immediately after subsection (2) the following new subsection- “(3) The Board shall maintain a reserve account into which accumulated revenues not needed to meet the costs o f the current financial year shall be deposited” ; and (b) renumbering (3) subsections (4) to (6) respectively; subsections (5) to as (c) deleting subsection (5) as renumbered and substituting for it the following new subsection - Cap. 135 “(5) The Board shall use, disburse, administer and manage funds subject to the Social guidelines Security Regulatory Authority Act.” issued under Amendment of section 62

Section 61Verify source

§ 62The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 62 and replacing it with a new section.

62. The principal Act is amended by repealing section 62 and substituting for it the following new section:

Section 62Verify source

§ 62(1) The Board may,Amendment

The Board may invest Fund money in ventures it considers appropriate, and must consider economic and commercial viability and any issued guidelines. If an investment breaches this rule, participating Fund officials may be personally liable to a prescribed fine. The Bank also has power to regulate procedures, discontinue investment, or take other appropriate measures.

62 .-(1) The Board may, “Investment moneys of the Fund viable in v C S t m o n e y o f t h e ^ n d economic considers appropriate. in venture a n Y it 41 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (2) for investment, The Board shall, in considering the appropriateness o f the venture into account the economic and commercial viability o f that venture guideline as may issued under the Social Security (Regulatory Authority) A c t. take and investment (3) W here an is made in breach of subsection (1), each member of the Board of Trustee, director, manager or any officer o f the Fund taking part of the decision to invest shall be personally liable to a penalty of fine as prescribed under the Social Security Regulatory Authority Act.” Cap-135 Cap. 135 (a) (4) the Notwithstanding the penalty imposed under subsection (3) the Bank shall have power to - regulate comply investment procedures; discontinue investment; or take any other measure it considers appropriate. to the Fund with (b) (c) the Am endment of section 63 Amendment of section 68 Amendment of section 69

Section 62Verify source

§ 63The principal Act is amended in section 63 bySubstitution

Section 63 changes a reference in the principal Act, replacing “section 67” with “sections 62 and 67.”

63. The principal Act is amended in section 63 by deleting the phrase “section 67” appearing in the first line and substituting for it the phrase “sections 62 and 67” .

Section 63Verify source

§ 64The principal Act is amended in section 68, byAmendment

This provision amends section 68 by adding words that make the relevant “may” subject to approval by the Minister, the Minister responsible for Finance, and the Authority.

64. The principal Act is amended in section 68, by inserting immediately after the word “may” appearing in the first line the words “subject to the approval by the Minister, M inister responsible for Finance and the Authority” .

Section 64Verify source

§ 65The principal Act is amended in section 69 bySubstitution

The Board must publish and submit audited accounts reports, and the Fund’s accounts must be audited and sent to the Authority and the Bank within six months after each financial year ends.

65. The principal Act is amended in section 69 by - No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (a) deleting subsection (2) and substituting for it the following new subsection: “ (2) The accounts o f the Fund including the balance sheet relating to that financial year shall, not later th:- six months after the closure of ever financial year, be audited by the Controller and Auditor- General and be the submitted to the Authority and the Bank.” accounts audited shall (b) deleting subsection (5) and substituting for it the following new subsections: “(5) The Board shall pu > annual audited accounts repoit in such a manner as the M inister may, in consultation with the Authority, prescribe. (6) The Board shall, subject to the provisions o f the Social Cap 135 Security Regulatory Authority Act, submit to the Authority and to the Bank a copy o f the audited statement of accounts together with a copy o f the report of the auditor.” Addition o f sections 71A and 71B

Section 65Verify source

§ 66Section 66Amendment

This provision amends the principal Act by inserting new sections after section 71.

66. The principal Act is amended by adding immediately after section 71 the following new sections: "Management P^hdc

Section 66Verify source

§ 71A(1) The Board shall beProvision

The Board must manage and control the Fund and prepare financial reports, and those reports must include specified financial details and any other information the Authority requires.

71A.-(1) The Board shall be responsible for the management and control of the Fund, and preparation of financial reports in accordance with the provisions o f this Act and regulations made thereunder and directives and guidelines issued by Authority. 43 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (2) Financial reports referred (a) (b) to under subsection ( 1) shall contain- financial position of the fund at that time; to entries made day day o f all sums of money received and expended by the Fund and matters in respect o f which receipt and expenditure takes place; and assets the liabilities of the Fund; and such other information as may be required by the Authority. (d) (c) Actuarial reports to be furnished to the Bank

Section 71AVerify source

§ 71B(l) The Board shall, forAmendment

The Board must arrange an actuarial evaluation of the Fund’s assets and liabilities every three years, or at a different interval set by the Authority, and send the report to the Authority and the Minister. The Authority may then review the report and direct the Board to fix any anomalies identified.

71B .-(l) The Board shall, for the purpose o f supervision, at the interval of three years or at such other interval as may be determined by the Authority cause the assets and liabilities o f the Fund to be evaluated by the actuarial and submit a copy o f such report to the Authority and the Minister. 44 iNo. 5 The Social Security Laws (Amendments) Act, 2012 2012 (2) The Authority may, upon receipt o f the report under the subsection (1) and after scrutinizing to that report, direct in rectify any anom alies that report” . the Board identify Amendment of section 72

Section 71BVerify source

§ 67The principal Act is amended in section 72 byCommencement

Section 67 amends section 72 to add an offence of assaulting or intimidating an inspector and to require the Director General to start investigations and criminal proceedings only with the Director of Public Prosecutions’ consent.

67. The principal Act is amended in section 72 by- (a) adding subsection ( 1) the following new paragraph: immediately after paragraph (i) of “(j) assault, or intimidate an inspector in the brawls course o f his duties.” (b) repealing subsection it the following new subsection: (3) and substituting for “ (3) W here the Director General is o f the opinion that an offence has been committed or is about to be committed under this Act, he shall commence investigations and institute criminal proceedings upon obtaining the consent o f the Director ofP ublic Prosecutions.” Amendment of section 74

Section 67Verify source

§ 68The principal Act is amended by repealingRepeal

This provision amends the principal Act by repealing section 74 and replacing it with a new section.

68. The principal Act is amended by repealing section 74 and substituting for it the following new section: “ Recovery contribution for action

Section 68Verify source

§ 74(l) AnAmendment

The Director General, an inspector, or certain Board/Fund officers may start court proceedings to recover contributions, and the Director General or certain Fund officers may start criminal proceedings if they are public prosecutors appointed by the Director of Public Prosecutions.

74.-(l) An the recovery o f contributions may be instituted before any court by the Director General, an inspector, or any other officer o f the Board appointed by the Board on that behalf (2) The Director General or any other authorised Officer o f the Fund approved by the Board may institute criminal proceedings in the court in accordance with section 72 provided that the Director General or 45 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 such officer is a public prosecutor appointed by the Director o f Public Prosecutions.7’ Amendment of section 76

Section 74Verify source

§ 69The principal Act is amended by repealingRepeal

This section replaces section 76 and says insured contributions stay with the Fund until paid out, and are not part of the insured person’s assets for bankruptcy, insolvency, or debt payment, except in a home mortgage case under section 20(4).

69. The principal Act is amended by repealing section 76 and substituting for it the following new section: “Protection o f contributions 76t The sum standing to the credit of an insured person shall, until such time when it is paid out in accordance with the provisions of this Act, remain the property o f the Fund and shall not form part o f the assets of an insured person in the event o f bankruptcy, or insolvency or be in satisfaction of debts, unless such sum to home mortgage referred to under section 20(4) of this Act in which case the mortgagee shall have right to attach any portion o f contribution which is the subject o f collateral.” for attachm ent relates liable Amendment o f section 77

Section 69Verify source

§ 70The principal Act is amended by deletingSubstitution

Contributions of a contributory insured person are protected from execution, attachment, or similar process, except as allowed by the Fund’s terms, and they do not form part of the person’s assets in bankruptcy.

70. The principal Act is amended by deleting section 77 and substituting for it the following new' section- 77, Notwithstanding anything ‘Trotection attachment been in any against to ^ contrary contained other written law, where an order obtained has a insured person and contributory of provision the to subject subsection (4) of section 20, no execution, attachment or process of any nature shall be issued against contributions o f the contributory insured person, except in accordance with the terms o f the Fund, such 46 No. 5 The Social Security Laws (Amendments) Act, 2012_______ 2012 contributions shall not form part o f the contributory assets o f the insured person in the event of bankruptcy.” Amendment of section 81

Section 70Verify source

§ 71The principal Act is amended in section 81, byRepeal

Section 81(3) is replaced so that a dissatisfied Director General or other person may refer a Medical Board decision to the Authority.

71. The principal Act is amended in section 81, by the (3) and substituting for it repealing subsection following: “(3) Where the Director General or any other person is dissatisfied with the decision made by the Medical Board, he may refer the decision to the Authority.” Amendment of section 82

Section 71Verify source

§ 72The principal Act is amended in section 82, byRepeal

This provision amends section 82 so that a dissatisfied person may apply to the Authority for review, and review applications must be made in writing within 30 days of the decision complained about.

72. The principal Act is amended in section 82, by repealing - (a) subsection (3) and substituting for it the following new subsection: person “(3) W here is dissatisfied with the decision on a claim to benefits or a question as to liability, he may the Authority for review.” apply to (b) subsection (6) and substituting for it the following new subsection: “(6) All applications for review under this Act shall be made in writing within thirty days from the the decision complained date of about.” Repeal of sections 83, 84 and 85 ‘jnendm ent .•'section 89

Section 72Verify source

§ 73The principal Act is amended by repealingRepeal

This provision amends the principal Act by repealing sections 83, 84, and 85.

73. The principal Act is amended by repealing sections 83, 84 and 85.

Section 73Verify source

§ 74The principal Act is amended in section 89 bySubstitution

This provision amends section 89 of the principal Act by requiring consultation with the Authority and adding a new paragraph on prescribing benefits segmentation after actuarial valuation.

74. The principal Act is amended in section 89 by - (a) inserting immediately after the word “may” appearing in the first line o f subsection ( 1) the following phrase “in consultation with the Authority” ; 47 No. 5 The Social Security Laws (Amendments) Act, 2012 2012 (b) (c) deleting a full stop appearing at the end of paragraph (g) and substituting for it a sem i colon; adding immediately after paragraph (g) of subsection ( 1) the following new paragraph- “(h) prescribing benefits segmentation of recommendation following actuarial valuation.” Amendment o f section 91

Section 74Verify source

§ 75The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 91 and replacing it with a new section.

75. The principal Act is amended by repealing section 91 and substituting for it the following new section- “ Establishment

Section 75Verify source

§ 91(1) The Board mayAmendment

The Board may establish and manage supplementary schemes, subject to the Social Security (Regulatory Authority) Act.

91 .-(1) The Board may tary'sThcmcs"' establish supplementary schemes in accordance with provisions o f the Social (Regulatory • Authority) Act. Security Cup.135 (2) The Board may manage supplementary schemes established by the employer or employee who is separate insured account.” person under Amendment of the Second Schedule

Section 91Verify source

Part

PART VIII

§ 151This Part shall be read as one with theProvision

This Part must be read together with the Insurance Act, which is called the principal Act here.

151. This Part shall be read as one with the Insurance Act, hereinafter referred to as the “principal Act” .

Section 151Verify source

§ 152The principal Act is amended in section 13,Repeal

The section changes how the Board is made up and who appoints its members, and it requires prior consultation for Zanzibar-based appointments.

152. The principal Act is amended in section 13, Construction Cap.394 Amendment of section 13 b y - (a) subsections for them (2) and the (3) and following repealing substituting provisions: “(2) The Board shall consist of seven members, the Chairman of which shall be appointed by the President and not more than other six members appointed by the Minister, at least two of whom shall hail from either part o f the United Republic. (3) Six members shall be appointed from amongst persons of ability, integrity and standing who have knowledge and general experience insurance, finance, or economics, administration and who, in the opinion of the Minister, would be useful and beneficial to the Authority. insurance, science, accountancy in life actuarial law, (4) In appointing members o f the Board hailing from Tanzania Zanzibar, the Minister shall make prior consultation with Revolutionary the M inister Government o f Zanzibar responsible for finance. the of 86 No. 5 'The Social Security Laws (Amendments) Act, 2012 2012 (5) For the purpose o f subsection (3), a person who may be appointed as a member o f the Board shall not be a director, an employee, a shareholder or an agent of any insurance registrant.” renumbering subsections (4) and subsections (6) and (7). (5) as (b) Passed in the National Assembly on the 13th April, 2012. D r . T h o m a s D . K a s h i u l a h , Clerk o f the National Assembly H7

Section 152Verify source

Legislative relationships

23 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

9 instruments

Board members and how they are appointed. 76. The principal Act
Section 76
Board. 77. The Second Schedule to the principal Act
Section 77
Civil Procedure Code
Section 47
Employment and Labour Relations Act
Sections 30, 80
Fund as required by the Social Security (Regulator Authority) Act
Section 37A
Fund under this Act
Section 5
Fund. 137. The principal Act
Section 137
Fund. 8 . The principal Act
Section 8
Fund. 95. The principal Act
Section 95

G–M

1 instrument

Insurance Act
Section 150

N–S

11 instruments

National Health Insurance Fund Act
Section 28
of section 8. 2 No. 5 The Social Security Laws (Amendments) Act, 2012
Section 44
principal Act
Sections 3A, 6, 9, 10, 12, 13, 14, 15, 17, 20, 21, 25, 28, 33, 34, 43, 44, 45, 48, 53A, 53B, 55, 56, 57, 58, 60, 62, 66, 68, 73, 74, 75, 81, 81A, 82, 84, 85, 87, 90, 91, 92, 93, 99, 102, 106, 107, 108, 112, 113, 115, 116, 125A, 128, 131, 135, 140D, 143, 146, 147, 148, 150
Public Prosecutions’ consent. 67. The principal Act
Section 67
Schedule This section amends the Schedule to the Public Service Retirement Benefits Act
Section 118
Second Schedule. 3 No. 5 The Social Security Laws (Amendments) Act, 2012
Section 77
section 21 and adds a new rule that benefits payable under the Act
Section 51
section 33 by renumbering it and adding new rules about breaches of investment subsections. 37. The principal Act
Section 37
section 65. 24. The principal Act
Section 24
Social Security (Regulatory Authority) Act
Sections 2, 12A, 18A, 31, 50, 101
Social Security Laws (Amendments) Act, 2012
Section 152

T–Z

2 instruments

Tanzania established by the Bank of Tanzania Act
Section 4
Tanzania established under the Bank of Tanzania Act
Section 39

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

Explore more

The Social Security Laws (Amendments) Act, 2012

Publicly available, excluded from search-engine indexing

Purpose and legislative effect

How the instrument operates

Start with the recorded version

Locate the controlling provision

Read conditions and exceptions together

Verify currency and official wording

Research entry points

Source and current-law status

Source record view

Sections and provisions

Search within this statute

23 referenced instruments

Recorded versions and source checkpoint

Ask AI about this statute