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Parliament of Tanzania

The Social Security Laws (Amendments) Act, 2024

This section names the Act as the Social Security Laws (Amendments) Act, 2024. This section says the social security laws listed in the Act are amended as set out in their respective Parts. This P…

account managementactuarial valuationadministrative penaltiesamendmentamendmentsannual budgetannual reportsaudited financial statementsBanking and financebenefits administrationbenefits claimsclaimscompliancecontribution history accesscontributionscorporate registrationcourt judgmentsdefinitionsdocument productiondrafting and headingsearnings returnsemployee compensation claimsemployee recordsemployer complianceemployer contributionsemployer registrationemployer reportingEmployment lawemployment recordsemployment registrationenforcementexecutionfund administrationfund contributionsfund funding positionfund governancefund remittanceincorporation by referenceinformation noticesinspection powersinspectionsinvalidity pensionlegislation changelegislation draftinglegislative text amendmentliability offsetmedical assessmentmember recordsmembership registrationmulti-employer employmentpayrollpensionspensions and benefitsprosecutionrefundsregistrationregulatory assistanceregulatory filingregulatory procedurerepealsreportingrepresentationretirement pensionscheme transfersocial securitysocial security administrationsocial security compliancestatutory amendmentstatutory contributionsstatutory draftingstatutory interpretationsupplementary budget
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Tanzania
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80 provisions
Citation
The Social Security Laws (Amendments) Act, 2024
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01

Purpose and legislative effect

“This section names the Act as the Social Security Laws (Amendments) Act, 2024.”

This section names the Act as the Social Security Laws (Amendments) Act, 2024. This section says the social security laws listed in the Act are amended as set out in their respective Parts. This Part is to be read together with the National Social Security Fund Act, referred to here as the principal Act. The principal Act is amended by replacing every occurrence of “insured person” with “member”. This section updates section 2 by removing some definitions and adding new ones.

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Amendment of Schedules

This section amends the principal Act’s Schedules by deleting the First Schedule, renaming the Second Schedule as the Schedule, and changing paragraph 4 in the renamed Schedule from “one year” to “three years”.

Section 34

Amendment of section 85

Section 85(1) is amended to require submission of an annual report to the Board within six months after the financial year ends, and audited financial statements and the auditors’ report within one month after the audit is completed.

Section 64

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Amendment 29Repeal 26Substitution 24Provision

Part

PART I

§ 12. Amendment of social security lawsAmendment

This section names the Act as the Social Security Laws (Amendments) Act, 2024.

1. This Act may be cited as the Social Security Laws (Amendments) Act, 2024. Amendment of social security laws
Section 1Verify source
§ 2Amendment of social security lawsAmendment

This section says the social security laws listed in the Act are amended as set out in their respective Parts.

2. The social security laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. PART II AMENDMENT OF THE NATIONAL SOCIAL SECURITY FUND ACT, (CAP. 50) Construction Cap. 50
Section 2Verify source

Part

PART II

§ 3ConstructionAmendment

This Part is to be read together with the National Social Security Fund Act, referred to here as the principal Act.

3. This Part shall be read as one with the National Social Security Fund Act hereinafter referred to as the “principal Act”. 5 No. 9 The Social Security Laws (Amendments) Act, 2024 General amendment Amendment of section 2
Section 3Verify source
§ 4General amendmentSubstitution

The principal Act is amended by replacing every occurrence of “insured person” with “member”.

4. The principal Act is amended generally by deleting the words “insured person” wherever they appear and substituting for them the word “member”.
Section 4Verify source
§ 5Amendment of section 2Substitution

This section updates section 2 by removing some definitions and adding new ones.

5. The principal Act is amended in section 2, by- (a) deleting the definition of the terms “actuarial”, “actuarial report” and “insured person”; (b) deleting the definition of the terms “actuary”, “self employed” and “special lump sum” and substituting for them the following: ““actuary” means a person trained to understand risks and probabilities and to apply such skills to financial problems especially those involving uncertain future events and who is accredited by a professional body; “self employed” means a person who is lawful economic engaged activity not under any contract of employment or supervision and who earns a living under such activity; in a “special lump sum” means an amount equal to the sum of a member’s monthly contributions paid to the Fund plus an interest calculated in the manner specified in the regulations;”; and (c) adding in their appropriate alphabetical order the following new definitions: ““actuarial valuation report” means a report prepared by an actuary who carried out actuarial valuation under this Act; “late retirement” means retirement after the age of sixty years up to seventy years; “member” means an employee or self employed person who is registrable as a member under this Act; “mandatory scheme” means a compulsory scheme established under this Act and guaranteed by the Government; “private sector” means a private body whether corporate or unincorporated 6 No. 9 The Social Security Laws (Amendments) Act, 2024 and includes a company in which the Government owns shares of less than thirty percent; “scheme” means the National Social Security Scheme established under this Act; and Cap. 135 Amendment of section 5A “supplementary scheme” has the meaning the Social it under to ascribed Security Act;”.
Section 5Verify source
§ 6Amendment of section 5ASubstitution

This provision amends section 5A(c) by replacing one phrase with “as prescribed in section 12”.

6. The principal Act is amended in section 5A (c) by deleting the words “as set out in the First Schedule” and substituting for them the words “as prescribed in section 12”. Amendment of section 10
Section 6Verify source
§ 7Amendment of section 10Amendment

This section amends section 10 and requires an employer registered by the Fund to keep wage and employee records and produce them to the Fund on request.

7. The principal Act is amended in section 10, by- (a) designating the contents of section 10 as subsection (1); and (b) adding immediately after subsection (1) as designated the following: “(2) An employer registered by the Fund shall- (a) keep a proper and up-to-date register or records of wages and any other particulars of employees in such a manner and period as may be prescribed by the Fund; and (b) produce the register, records of wages and any other particulars of employees to under referred paragraph (a) upon a request by the Fund.”. Amendment of section 11
Section 7Verify source
§ 8Amendment of section 11Amendment

Employers must display the certificate of registration at a conspicuous place in their business premises.

8. The principal Act is amended in section 11 by adding the phrase “and shall be issued with a certificate of registration which shall be displayed at a conspicuous place in the employer’s place of business” immediately after the word “manner” appearing at the end of subsection (1). Addition of section 11A
Section 8Verify source
§ 9Addition of section 11AAmendment

This provision amends the principal Act by adding a new section headed “Registration of self-employed person.”

9. The principal Act is amended by adding immediately after section 11 the following: 7 No. 9 The Social Security Laws (Amendments) Act, 2024 “Registration of self- employed person
Section 9Verify source
§ 11A(1) A self employedAmendment

A self-employed person who wants to join the Fund must register with the Director-General and, once approved, make monthly remittances as prescribed.

11A.-(1) A self employed person who wishes to become a member of the Fund shall apply for registration to the Director-General in a prescribed manner. (2) Where has the Director the approved General application, the self employed person shall make consecutive monthly remittance to the Fund in rates a manner and at prescribed in the regulations. the (3) Where a self employed person fails to remit statutory contributions for six consecutive months without showing a good cause, the Director General shall revoke the membership and such member shall be transferred to the supplementary scheme.”. Amendment of section 12
Section 11AVerify source
§ 10Amendment of section 12Substitution

This section changes section 12 so that contributing employers and self-employed members must remit contributions to the Fund under the new formulas.

10. The principal Act is amended in section 12, by- (a) deleting subsection (1) and substituting for it the following: “(1) A contributing employer shall, for every contribution period following the date of appointment of a member, remit to the Fund a contribution at the rate equivalent to twenty percent of the employee’s wages in the following manner: (a) the employer’s contribution at ten percent of the employee’s wages; and (b) the employee’s contribution at ten percent of the employee’s wages.”; (b) deleting subsection (3); (c) deleting subsection (5) and substituting for it the following: “(5) A self employed member shall, after actuarial valuation results, 8 No. 9 The Social Security Laws (Amendments) Act, 2024 remit to the Fund contributions at the percentage the stipulated regulations.”; in (d) deleting the word “paid” appearing in subsection (7) and substituting for it the word “remitted”; and (e) renumbering subsections (4), (5), (6) and (7) as subsections (3), (4), (5) and (6) respectively. Addition of section 12A
Section 10Verify source
§ 11Addition of section 12AAmendment

This provision amends the principal Act by inserting a new section 14 titled “Member employed by more than one employer.”

11. The principal Act is amended by adding immediately after section 12 the following: Amendment of section 14 “Member employed by more than one employer
Section 11Verify source
§ 12AWhere a member isProvision

If a member works for more than one employer at the same time, each employer may remit the contribution after consulting the employee.

12A. Where a member is concurrently employed by more than one employer, each employer may, upon consultation with the employee, remit contribution in respect of in accordance with this Act as if he were the sole employer pursuant to regulations made by the Minister.”. the member
Section 12AVerify source
§ 12Amendment of section 14Repeal

This section amends section 14 so that unpaid contributions attract an additional 2.5% per month or part month, and the employer must remit the additional contribution after 30 days or more of non-remittance.

12. The principal Act is amended in section 14- (a) in subsection (1), by deleting the word “pay” and substituting for it the word “remit”; (b) by deleting subsection (3) and substituting for it the following: “(3) Where any contribution is not remitted within the period specified under subsection (1) a sum equal to 2.5 per centum of the amount unremitted shall be added as additional contribution for each month or part of a month after the date when payment should have been made;” and (c) adding immediately after subsection (3), the following: contribution “(4) Where and additional contribution remains unremitted to the Fund for a period of thirty days or more after the due date, the employer shall remit the additional contribution of 2.5 per centum remaining of aggregate amount the 9 No. 9 The Social Security Laws (Amendments) Act, 2024 unremited for each month or part of the month after such date and the amount of the additional contribution shall be recovered as a debt owing to the Fund by the employer pursuant to section 74A: Provided that, the Board may, upon approval by the Minister, waive in whole or in part any additional contribution imposed by this section.”. Repeal and replacement of section 15
Section 12Verify source

Part

part of a month after the date when payment

§ 13Repeal and replacement of section 15Repeal

This section repeals section 15 of the principal Act and replaces it with new text.

13. The principal Act is amended by repealing section 15 and replacing for it the following: “Treating unremitted contributions as remitted is satisfied
Section 13Verify source
§ 15Repeal of section 18Repeal

If an employee’s contribution was deducted from wages but not remitted by the employer, the Director must treat it as if it had been remitted for benefit claims.

15. Where together with the Director that an General employee’s contribution has been deducted from his wage, but the employer has failed to remit the contribution the remitted employer’s contributions to the Fund, he shall treat the unremitted contributions as wholly remitted, for the purpose of any claim to the payment of benefits without prejudice to any action to recover the amount due from the employer.”.
Section 15Verify source
§ 14Repeal and replacement of section 16Repeal

This section repeals specified text and replaces section 16 of the principal Act.

14. The principal Act is amended by repealing “Refund of contributions remitted in error the Director General that any is satisfied amount has been remitted to the Fund as contributions as a result of an error, the amount remitted in error shall be refunded, or used, with the consent of the person who remitted it, to offset, any current liability.”. Repeal and replacement of section 16 section 16 and replacing for it the following:
Section 14Verify source
§ 16Amendment of section 20Repeal

This section refers to amendments, including repeal and replacement provisions, affecting other sections of the Act.

16. Where 10 No. 9 The Social Security Laws (Amendments) Act, 2024 Repeal of section 18 Amendment of section 20 Repeal and replacement of section 23
Section 16Verify source
§ 15Repeal of section 18Repeal

This section repeals section 18 of the principal Act.

15. The principal Act is amended by repealing section 18.
Section 15Verify source
§ 16Amendment of section 20Substitution

This section amends section 20 of the principal Act by deleting one subsection, renumbering later subsections, and replacing a phrase in the renumbered subsection.

16. The principal Act is amended in section 20, by- (a) deleting subsection (3); (b) renumbering subsections (4) and (5) as subsections (3) and (4) respectively; and (c) deleting the words “subsections (1), (2) and (3)” appearing in subsection (3) as renumbered and substituting for them the words “subsections (1) and (2)”.
Section 16Verify source
§ 17Repeal and replacement of section 23Repeal

This section repeals section 23 of the principal Act and replaces it with new text about retirement pension conditions.

17. The principal Act is amended by repealing section 23 and replacing for it the following: “Conditions for retirement pension to
Section 17Verify source
§ 23Amendment of section 53Amendment

A member may receive retirement pension if they retire at pensionable age, retire early at age 55 or older before pensionable age, or retire late after at least 180 monthly contributions have been remitted.

23. Subject the provisions of this Act, retirement pension shall be payable to a member who- (b) opted (a) retires from on employment attaining pensionable age; for early retirement having attained the age of fifty-five or above but before attaining pensionable age; or late for (c) opted retirement, in respect of whom not less than one hundred eighty monthly and contributions have been remitted.”. Amendment of section 28
Section 23Verify source
§ 18Amendment of section 28Substitution

This section replaces the rule for when a member can receive an invalidity pension.

18. The principal Act is amended in section 28 by deleting subsection (1) and substituting for it the following: “(1) An invalidity pension shall be payable to a member who- 11 No. 9 The Social Security Laws (Amendments) Act, 2024 (a) is suffering from a permanent invalidity which is not a result of an employment related illness or accidents; (b) is below the age of voluntary retirement; and (c) has made one hundred and eighty months contributions or has been in service for at least thirty-six months, of which twelve months have been contributed in the year preceding the invalidity.”. Addition of section 28A
Section 18Verify source
§ 19Addition of section 28AAmendment

This provision amends the principal Act by adding a new section after section 28, titled “Referral to panel of medical experts.”

19. The principal Act is amended by adding immediately after section 28 the following: “Referral to panel of medical experts claim
Section 19Verify source
§ 28A(1) AAmendment

A claimant with permanent invalidity may be referred to a medical panel appointed by the Director General, and the Minister may make regulations about the panel’s composition and procedure.

28A.-(1) A of permanent invalidity may be referred to a medical panel to be appointed by the Director General to determine whether the claimant is suffering from such invalidity. (2) The Minister may make the prescribing regulations composition, and manner procedure governing the medical this panel section.”. appointed under Amendment of section 33
Section 28AVerify source
§ 20Amendment of section 33Substitution

This section changes section 33(1) of the principal Act by replacing the word “thirty-three” with “thirty-six” at the end of the proviso.

20. The principal Act is amended in section 33(1) by deleting the words “thirty-three” appearing at the end of the proviso and substituting for them the words “thirty-six”. Amendment of section 43
Section 20Verify source
§ 21Amendment of section 43Substitution

Section 43 is amended by replacing “hospitals and dispensaries” with “health facilities.”

21. The principal Act is amended in section 43 by deleting the words “hospitals and dispensaries” and substituting for them the words “health facilities”. Amendment of section 52
Section 21Verify source
§ 22Amendment of section 52Amendment

Section 22 changes section 52 so that the “shall be void” wording does not apply where the matter relates to a home mortgage under section 20(3).

22. The principal Act is amended in section 52 by inserting the words “unless it relates to home mortgage referred to under section 20(3)” between the words “shall” and “be void”. 12 No. 9 The Social Security Laws (Amendments) Act, 2024 Amendment of section 53
Section 22Verify source
§ 23Amendment of section 53Amendment

This section amends section 53 of the principal Act by deleting two words in subsections (3) and (4).

23. The principal Act is amended in section 53- (a) in subsection (3) by deleting the word “second”; and (b) in subsection (4) by deleting the word “third”. Amendment of section 61 Amendment of section 71 Amendment of section 72
Section 23Verify source
§ 24Amendment of section 61Amendment

This provision amends section 61 of the principal Act by deleting subsection (3) and renumbering the later subsections.

24. The principal Act is amended in section 61, by- (a) deleting subsection (3); and (b) renumbering subsections (4), (5) and (6) as subsections (3), (4) and (5) respectively.
Section 24Verify source
§ 25Amendment of section 71Amendment

This section amends section 71 of the principal Act by removing the words “and the reserve account”.

25. The principal Act is amended in section 71 by deleting the words “and the reserve account”.
Section 25Verify source
§ 26Amendment of section 72Substitution

Section 72 is amended to add offences for failing to register as an employer and for wilfully obstructing an inspector, and to allow specified prosecutors to start criminal proceedings.

26. The principal Act is amended in section 72- (a) in subsection (1), by- (i) adding immediately after paragraph (h) the following: “(i) fails, neglects or refuses to contributing register as employer under this Act; a (j) willfully obstructs an inspector in the exercise of his powers under this Act;”; and (ii) renaming paragraphs (i) and (j) as paragraphs (k) and (l), respectively; (b) in subsection (2), by deleting the word “penalty” and substituting for it the words “additional contributions”; and (c) by deleting subsection (3) and substituting for it the following: “(3) Criminal proceedings against a person who has committed an offence under this Act may be instituted by the Director of Public Prosecutions or an officer of the Fund appointed by the Director of Public Prosecution in accordance with the relevant laws.”. Amendment of section 74
Section 26Verify source
§ 27Amendment of section 74Amendment

This provision changes section 74 of the principal Act by redesignating part of subsection (1) as section 74, deleting certain words, and deleting subsection (2).

27. The principal Act is amended in section 74, by- (a) designating the contents of of subsection (1) as section 74; 13 No. 9 The Social Security Laws (Amendments) Act, 2024 (b) deleting the words “Board appointed by the Board” appearing in section 74 as designated; and (c) deleting subsection (2). Amendment of section 75
Section 27Verify source
§ 28Amendment of section 75Substitution

Section 28 amends section 75 of the principal Act by replacing its opening phrase with new wording.

28. The principal Act is amended in section 75 by deleting the opening phrase and substituting for it the following: “Subject to the provisions of this Act, upon or before finalisation of civil or criminal contributing proceedings employer and-”. against the Amendment of section 76 Amendment of section 79
Section 28Verify source
§ 29Amendment of section 76Substitution

This provision changes section 76 by replacing certain words with “section 20(3)”.

29. The principal Act is amended in section 76 by deleting the words “section 20(4) of this Act in which case the mortgagee shall have right to attach any portion of contribution which is the subject of collateral” and substituting for them the words “section 20(3)”.
Section 29Verify source
§ 30Amendment of section 79Substitution

This section amends section 79 of the principal Act by replacing one described officer reference with another.

30. The principal Act is amended in section 79 by deleting the words “officer of the Board nominated by the Board in that behalf by writing under the seal of the Board” and substituting for them the words “officer of the Fund authorised by the Director General”. Amendment of section 87
Section 30Verify source
§ 31Amendment of section 87Substitution

This section changes section 87 so inspectors can inspect, copy, order attendance, and require documents or information, and the Fund may ask a labour officer or other public officer to assist.

31. The principal Act is amended in section 87, by- (a) deleting subsection (3) and substituting for it the following: “(3) Subject to the provisions of subsection (2), an inspector may- (a) inspect and examine any document, book or any other be information necessary; that may (b) obtain or make a copy of any document, book or any other information for inspection; (c) order, in the prescribed form, any person to appear before him at a specified date, time and place and to interview that person; or 14 No. 9 The Social Security Laws (Amendments) Act, 2024 (d) require any person who has control over any document, book, or any other to furnish it and explain any entry therein.”; (b) adding immediately after subsection (3), the information following: “(4) The Fund may request a labour officer or any other public officer to accompany and assist the inspector in the exercise of the powers referred to in this section.”; and (c) renumbering subsection (4) as subsection (5). Addition of section 87A
Section 31Verify source
§ 32Addition of section 87AAmendment

This provision amends the principal Act by adding a new section called “Notice to furnish information” after section 87.

32. The principal Act is amended by adding immediately after section 87 the following: “Notice to furnish information
Section 32Verify source
§ 87AThe Director GeneralAmendment

The Director General may require any person, by written notice, to provide prescribed information or documents in that person’s control.

87A. The Director General may, by notice in writing, require any person to- (a) produce any information prescribed in the notice; or (b) produce any document in his control.”. Amendment of section 90
Section 87AVerify source
§ 33Amendment of section 90Amendment

This section amends section 90 of the principal Act by inserting the words “benefits and” before “members” in subsection (2).

33. The principal Act is amended in section 90 by adding the words “benefits and” immediately before the word “members” appearing in subsection (2). Amendment of Schedules
Section 33Verify source
§ 34Amendment of SchedulesSubstitution

This section amends the principal Act’s Schedules by deleting the First Schedule, renaming the Second Schedule as the Schedule, and changing paragraph 4 in the renamed Schedule from “one year” to “three years”.

34. The principal Act is amended in the Schedules- (a) by deleting the First Schedule; (b) by renaming the Second Schedule as the Schedule; and (c) in the Schedule as renamed by deleting the words “one year” appearing in paragraph 4 and substituting for them the words “three years”. 15 No. 9 The Social Security Laws (Amendments) Act, 2024 PART III AMENDMENT OF THE PUBLIC SERVICE SOCIAL SECURITY FUND ACT, (CAP. 371) Construction Cap. 371
Section 34Verify source

Part

PART III

§ 35ConstructionAmendment

This section says this Part must be read together with the Public Service Social Security Fund Act.

35. This Part shall be read as one with the Public Service Social Security Fund Act hereinafter referred to as the “principal Act”. Amendment of section 3
Section 35Verify source
§ 36Amendment of section 3Substitution

This section amends section 3 of the principal Act by removing some definitions, changing wording in two contribution definitions, and replacing the definition of “actuary.”

36. The principal Act is amended in section 3, by- (a) deleting the definition of the term “reserve account”; in the definition of the (b) deleting the words “declared under section 49” appearing terms “employee’s contribution” and “employers contribution” and substituting for them the words “referred to under section 18(2)”; and (c) deleting the definition of the term “actuary” and substituting for it the following: ““actuary” means a person trained to understand risks and probabilities and to apply such skills to financial problems involving uncertain future events and who is accredited by a professional body;”. Amendment of Part II Amendment of section 5
Section 36Verify source

Part

Part II

§ 37Amendment of Part IIAmendment

The principal Act’s Part II heading is amended by deleting the word “PENSION”.

37. The principal Act is amended in the heading to Part II by deleting the word “PENSION”.
Section 37Verify source

Part

Part II by deleting the word “PENSION”.

§ 38Amendment of section 5Substitution

This section changes section 5(2)(b) by replacing “more than” with “at least”.

38. The principal Act is amended in section 5(2) by deleting the words “more than” appearing in paragraph (b) and substituting for them the words “at least”. Amendment of Part V
Section 38Verify source

Part

Part V

§ 39Amendment of Part VSubstitution

The principal Act changes the heading of Part V to “REGISTRATION AND CONTRIBUTIONS”.

39. The principal Act is amended by deleting the heading to Part V and substituting for it the following: “REGISTRATION AND CONTRIBUTIONS”
Section 39Verify source
§ 40Repeal and replacement of section 17Repeal

This section amends the principal Act by repealing section 17 and replacing it with new text.

40. The principal Act is amended by repealing section 17 and replacing for it the following: 16 No. 9 The Social Security Laws (Amendments) Act, 2024 Repeal and replacement of section 17 “Registration
Section 40Verify source
§ 17Repeal and replacement of section 23Repeal

Employers must register with the Scheme, register their employees with it, and keep employee records.

17.-(1) All employers the shall be registered with Scheme. (2) Every employer shall employees with the Scheme. registered register his (3) The employer shall keep and maintain records of his employees.”. Amendment of section 18 Amendment of section 19
Section 17Verify source
§ 41Amendment of section 18Substitution

This section amends section 18 of the principal Act by changing punctuation, adding a proviso about deducting and remitting statutory contributions to the Fund, and replacing “paid” with “remitted” in subsection (5).

41. The principal Act is amended in section 18, by- (a) deleting the full stop appearing at the end of subsection (3) and substituting for it a full colon; (b) adding immediately after subsection (3) the following proviso: “Provided that, an institution whose contribution is not payable by the Ministry the accounting responsible for finance, officer or head of the institution shall deduct and remit to the Fund the amount of statutory contributions deducted.”; and (c) deleting the word “paid” appearing in subsection (5) and substituting for it the word “remitted”.
Section 41Verify source
§ 42Amendment of section 19Repeal

Section 42 amends section 19 and adds a proviso allowing the Board, with Ministerial approval, to waive an additional contribution in whole or in part.

42. The principal Act is amended in section 19, by- (a) deleting the full stop appearing at the end of subsection (2) and substituting for it a full colon; and (b) adding immediately after subsection (2) the following proviso: “Provided that, the Board may, upon approval by the Minister, waive in whole or in part any additional contribution under this section.”. Repeal and replacement of section 23
Section 42Verify source
§ 43Repeal and replacement of section 23Repeal

This section repeals section 23 of the principal Act and replaces it with new text, but the replacement text is cut off in the source provided.

43. The principal Act is amended by repealing section 23 and replacing for it the following: “Contribution history
Section 43Verify source
§ 23Amendment of section 53Repeal

The Board must keep a contribution history to the Fund for each member, and the Director General may allow a member to access that history on request.

23. The Board shall establish and maintain for each member a contribution history to the Fund in respect of such member 17 No. 9 The Social Security Laws (Amendments) Act, 2024 Repeal of section 24 Amendment of section 45 Amendment of section 47 and the Director General may, upon request, allow such member to access his contribution history.”.
Section 23Verify source
§ 44Repeal of section 24Repeal

This section amends the principal Act by repealing section 24.

44. The principal Act is amended by repealing section 24.
Section 44Verify source
§ 45Amendment of section 45Substitution

This section amends section 45 of the principal Act by changing wording in subsections (1) and (2).

45. The principal Act is amended in section 45- (a) in subsection (1), by deleting the words “upon consultation in writing with the member” and substituting for them the words “with the consent of the member in writing”; and (b) in subsection (2) by deleting the word “person” and substituting for it the word “member”.
Section 45Verify source
§ 46Amendment of section 47Repeal

This provision amends section 47 of the principal Act by replacing specified wording in subsections (2) and (3) about pensions, gratuities, allowances, and related benefits or rights.

46. The principal Act is amended in section 47- (a) in subsection (2), by deleting the words “Subject to subsection (1), a pension, or other benefits granted” and substituting for them the words “Notwithstanding subsection (1), a benefit or right in respect of benefit payable”; and (b) in subsection (3), by deleting the words “A pension, gratuity or any allowance granted” and substituting for them the words “A benefit or right in respect of a benefit payable”. Repeal of section 48 Amendment of section 51
Section 46Verify source
§ 47Repeal of section 48Repeal

This section repeals section 48 of the principal Act.

47. The principal Act is amended by repealing section 48.
Section 47Verify source
§ 48Amendment of section 51Repeal

This provision amends section 51 of the principal Act by replacing references to “adopt”/“adopted” with “pass”/“passed” and replacing “Board” with “Minister” in specified subsections.

48. The principal Act is amended in section 51- (a) by deleting the word “adopt” appearing in subsection (2) and substituting for it the word “pass”; (b) by deleting the word “adopted” appearing in subsection (4) and substituting for it the word “passed”; to (c) by deleting the words “Board’s adoption, be forwarded in subsection (5) and substituting for them the words “after being passed by the Board, be submitted to the Minister for approval”; the Minister” appearing 18 No. 9 The Social Security Laws (Amendments) Act, 2024 Repeal and replacement of section 52 (d) by deleting the word “Board” appearing in subsection (6) and substituting for it the word “Minister”; and (e) in subsection (7), by deleting the word “Board” appearing in paragraph (a)(ii) and substituting for it the word “Minister”.
Section 48Verify source
§ 49Repeal and replacement of section 52Repeal

This section amends the principal Act by repealing section 52 and replacing it with new text.

49. The principal Act is amended by repealing section 52 and replacing for it the following: “Supplemen tary budget any disbursement
Section 49Verify source
§ 52Repeal and replacement of section 59Repeal

If the Board wants to spend beyond the annual budget, it must pass a supplementary budget and submit it to the Minister. The Minister may approve, reject, or amend it.

52.-(1) Where in any financial year the Board intends to make not provided for, or of an amount in excess of that provided for in the annual budget for that year, the Board a meeting at specifically convened, pass a supplementary budget detailing the disbursement. shall (2) The supplementary budget shall be in such form and include such details as the Board may direct. (3) The Board shall, upon the passing of the supplementary budget, submit it to the Minister. the (4) The Minister may, upon receipt of supplementary budget, approve or disapprove it or approve such amendment as he may deem fit.”. subject to it Repeal of section 55 Repeal and replacement of section 58
Section 52Verify source
§ 50Repeal of section 55Repeal

Section 50 repeals section 55 of the principal Act.

50. The principal Act is amended by repealing section 55.
Section 50Verify source
§ 51Repeal and replacement of section 58Repeal

This section repeals section 58 of the principal Act and replaces it with new wording beginning “Restoration of funding position of Fund”.

51. The principal Act is amended by repealing section 58 and replacing for it the following: “Restoration of funding position of Fund
Section 51Verify source
§ 58Amendment of section 48Amendment

If an actuarial valuation shows the Fund is not soundly funded, the Board must consider the actuary’s recommendations and, with Minister approval, carry out a recommendation or arrangement to restore sound funding.

58. Where an actuarial valuation of the Fund reveals that the Fund is not in a sound funding position, the Board shall, after 19 No. 9 The Social Security Laws (Amendments) Act, 2024 having considered recommendations by the actuary who performed the valuation, and upon approval by the Minister, implement the recommendation or arrangement aimed at restoring the Fund to a sound funding position.”.
Section 58Verify source
§ 52Repeal and replacement of section 59Repeal

This provision repeals section 59 of the principal Act and replaces it with new text.

52. The principal Act is amended by repealing section 59 and replacing for it the following: “Bank account of Fund to
Section 52Verify source
§ 59Amendment of section 58Amendment

The Fund must open and maintain a bank account, but only after Board approval and subject to any other written law.

59. the Subject requirements of any other written law, the Fund shall, and upon approval of the Board, open and maintain a bank account into which all payments and deposits shall be made.”.
Section 59Verify source
§ 53Amendment of section 72Repeal

This section changes section 72 by deleting subsection (3) and replacing it with a new rule about execution of judgments against the Board.

53. The principal Act is amended in section 72, by deleting subsection (3) and substituting for it the following: “(3) Where any judgment or order is relevant the Board, issued against provisions of the Government Proceedings Act shall apply in respect of execution of the judgment against the Board.” Cap. 5 the Repeal and replacement of section 59 Amendment of section 72 PART IV AMENDMENT OF THE WORKERS COMPENSATION ACT, (CAP. 263) Construction Cap. 263
Section 53Verify source

Part

PART IV

§ 54ConstructionAmendment

This section says this Part must be read together with the Workers Compensation Act, which is called the principal Act.

54. This Part shall be read as one with the Workers Compensation Act, hereinafter referred to as the “principal Act”. Amendment of section 14
Section 54Verify source
§ 55Amendment of section 14Amendment

Section 14 is amended to let the relevant provision vary, waive, or suspend conditions for payment of benefits when there is sufficient reason.

55. The principal Act is amended in section 14, by- (a) adding immediately after paragraph (b) the following: “(c) vary, waive or suspend any conditions relating to payment of benefits when 20 No. 9 The Social Security Laws (Amendments) Act, 2024 Amendment of section 39 there is sufficient reason for so doing;”; and (b) renaming paragraph (c) as paragraph (d).
Section 55Verify source
§ 56Amendment of section 39Substitution

This section amends section 39 and changes the compensation claim rule to include “occurrence of diseases” and to bar late claims unless a stated exception applies.

56. The principal Act is amended in section 39- (a) in subsection (1), by inserting the words “occurrence of diseases” immediately after the word “accident”; (b) by deleting subsection (2) and substituting for it the following: “(2) Where a claim for compensation is not lodged within the period stipulated under subsection (1), the claim shall not be considered under this Act, except where- (a) the accident or disease concerned has been reported under section 34 or 35; or (b) the employee had given notice to the Director General under section 33 or
Section 56Verify source
§ 35ConstructionSubstitution

This provision amends section 42 by changing the wording in subsection (4).

35.”; and (c) in subsection (4), by deleting the words “news of the death has been received by any dependant claiming compensation” and substituting for them the words “the date of the death of an employee”. Amendment of section 42
Section 35Verify source
§ 57Amendment of section 42Substitution

This provision amends section 42 so that certain people may represent an employee in a compensation claim before the Director General.

57. The principal Act is amended in section 42 by deleting subsection (3) and substituting for it the following: “(3) Notwithstanding the provisions of subsection (2), a person appointed as an executor or administrator of the estate of the deceased employee, representative of a trade union or any other person on behalf of an employee may represent an employee in a claim for compensation before the Director General.”. Amendment of section 48
Section 57Verify source
§ 58Amendment of section 48Repeal

This section amends section 48 of the principal Act by replacing one phrase with new wording about when it expires.

58. The principal Act is amended in section 48 by deleting the phrase “cease or be adjusted when the employee resumes work or qualifies for payment of an old age or invalidity pension upon reaching retirement age” appearing 21 No. 9 The Social Security Laws (Amendments) Act, 2024 in subsection (6) and substituting for them the words “expire at the end of the month in which the employee dies”. Amendment of section 58 Repeal and replacement of section 73
Section 58Verify source
§ 59Amendment of section 58Amendment

This section amends section 58 of the principal Act by deleting subsection (2) and renumbering later subsections.

59. The principal Act is amended in section 58, by- (a) deleting subsection (2); and (b) renumbering subsections (7) (3) to as subsections (2) to (6), respectively.
Section 59Verify source
§ 60Repeal and replacement of section 73Repeal

This section amends the principal Act by repealing section 73 and replacing it with new text titled “Calling for records.”

60. The principal Act is amended by repealing section 73 and replacing for it the following: “Calling for records
Section 60Verify source
§ 73(1) The DirectorAmendment

The Director General may require employers to file certified earnings returns, can assess or adjust earnings where returns are incomplete or too low, and an employer who fails to comply commits an offence.

73.-(1) The Director General may any employer to submit to the Fund correct and certified returns of earnings showing- require (a) the maximum amount of earnings to under referred section 74(7) paid by the employer to its employees during the specified period; and further information as may be prescribed or as the Director-General may require. (b) such (2) Where in the returns referred to in subsection (1), the amount shown as earnings, excluding earnings exceeding the maximum referred to in section 74(7), is less than the amount the Director-General may order the employer to pay the difference between the amount shown in the returns of earning and the actual amount paid by the employer. actually paid, 22 No. 9 The Social Security Laws (Amendments) Act, 2024 (3) Where an employer fails to furnish a return or if the estimate of the earnings which an employer expects to pay during a particular period is, in the opinion of the Director- General, too low, the Director- General may the earnings concerned. estimate (4) Where it appears that the actual earnings are less than the amount assessed under subsection (3), the Director- General may make the necessary adjustment. this (5) An employer who the to comply with fails section provisions of commits an offence and on conviction, shall be liable to a fine of not less than five hundred shillings but not thousand exceeding five million shillings or to imprisonment for a term of not less than six months but not three years or to exceeding both.”. Amendment of section 75
Section 73Verify source
§ 61Amendment of section 75Substitution

This provision amends section 75(2) by replacing the word “interest” with “additional assessment” wherever it appears.

61. The principal Act is amended in section 75(2) by deleting the word “interest” wherever it appears and substituting for it the words “additional assessment”. Addition of section 75A
Section 61Verify source
§ 62Addition of section 75AAmendment

This provision adds a new section titled “Refund of contributions remitted in error.”

62. The principal Act is amended by adding immediately after section 75 the following: “Refund of contributions remitted in error 23
Section 62Verify source
§ 75AWhere the DirectorRepeal

If the Director General is satisfied that contributions were paid into the Fund by mistake, the mistaken amount must be refunded or, with the payer’s consent, used to offset a current liability.

75A. Where the Director General is satisfied that any amount has been remitted to the Fund as contributions as a result of an error, the amount remitted in error shall be refunded, or used, with the consent of the No. 9 The Social Security Laws (Amendments) Act, 2024 Repeal and replacement of section 82 person who remitted it, to offset any current liability.”.
Section 75AVerify source
§ 63Repeal and replacement of section 82Repeal

This section repeals section 82 and replaces it with new text, but the replacement wording is cut off in the source provided.

63. The principal Act is amended by repealing section 82 and replacing for it the following: “Bank account to
Section 63Verify source
§ 82SubjectAmendment

The Fund must open and keep a bank account, subject to other written law and Board approval.

82. Subject the any other requirements of written law, the Fund shall, and upon approval of the Board, open and maintain a bank account into which all payments and deposits shall be made.”. Amendment of section 85
Section 82Verify source
§ 64Amendment of section 85Substitution

Section 85(1) is amended to require submission of an annual report to the Board within six months after the financial year ends, and audited financial statements and the auditors’ report within one month after the audit is completed.

64. The principal Act is amended in section 85(1) by deleting paragraph (c) and substituting for it the following: “(c) submit within six months of the end of the financial year to the Board an annual report on the activities of the Fund during that financial year; (d) submit to the Board the audited financial statements for that financial year and the report of the auditors on those statements within one month after completion of the audit by the Controller and Auditor General.”. Passed by the National Assembly on the 29th August, 2024 NENELWA JOYCE MWIHAMBI Clerk of the National Assembly 24
Section 64Verify source

Legislative relationships

19 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

  • Act. 16. Where 10 No. 9 The Social Security Laws (Amendments) Act, 2024

    Section 16

  • and replacement of section 15 This section repeals section 15 of the principal Act

    Section 13

  • and replacement of section 16 This section repeals specified text and replaces section 16 of the principal Act

    Section 14

  • and replacement of section 17 This section amends the principal Act

    Section 40

  • and replacement of section 23 This section repeals section 23 of the principal Act

    Sections 17, 43

  • and replacement of section 52 This section amends the principal Act

    Section 49

  • and replacement of section 58 This section repeals section 58 of the principal Act

    Section 51

  • and replacement of section 59 This provision repeals section 59 of the principal Act

    Section 52

  • and replacement of section 73 This section amends the principal Act

    Section 60

G–M

1 instrument

  • Government Proceedings Act

    Section 53

N–S

9 instruments

  • No. 9 The Social Security Laws (Amendments) Act, 2024

    Section 75A

  • of section 18 This section repeals section 18 of the principal Act

    Section 15

  • of section 24 This section amends the principal Act

    Section 44

  • of section 48 This section repeals section 48 of the principal Act

    Section 47

  • of section 55 Section 50 repeals section 55 of the principal Act

    Section 50

  • Part II The principal Act

    Section 37

  • Part V The principal Act

    Section 39

  • principal Act

    Sections 9, 11, 16, 19, 23, 24, 25, 28, 30, 32, 33, 36, 41, 45, 46, 48, 58, 59

  • Schedules This section amends the principal Act

    Section 34

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