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The Draft Amendment of the Pension Law for the Engineers Association Members

Article 10-

The money that is deposited in the fund is saved and invested in the manner approved by the council without contradicting the provisions of the Islamic Law.

Article 12-

  1. Taking into account the date of the establishment of the Fund, a member of the association has the right to submit a request to join the fund as of the date of his/her registration as a member in the association.
  2. It is required in the application of paragraph (A) of this Article that the age of the fund member shall not exceed the age of (45) when applying for subscription except for those members who are over this age at graduation and they didn’t complete the age of fifty.
  3. The fund member who suffered from a permanent total disability (incapacity) doesn't deserve the pension as well as the beneficiaries are not entitled to benefit from the pension in the event of the member’s death except if the deceased member had already paid his/her pension contributions for a period totaling at least sixty months, and otherwise the member or the beneficiary shall be given a compensation equivalent to three times of the paid premiums, and the date of the member’s submission of the application is considered to be the due date of disbursement of the pension or the compensation.
  4. The pension subscriptions (premiums) shall not be completed ( to continue paying the premiums) after pensioning of the fund’s member after suffering from a permanent total disability or after his/her death.
  5. No new subscriptions (premiums) are to be payable for the engineer fund’s member after completing the age of sixty or the female engineer after completing the age of fifty-five, but he/she has the right to repay his/her subscriptions and the unpaid additional fees or to request the subscriptions deduction, and then it shall not be included in the equation of calculating the pension or the amount of compensation.

Article 14-

The amount of the pension shall be determined according to any of the following segments: -

Firstly: First segment: a monthly pension amounting to two hundred dinars to members who wish to participate in the fund prior to the issuance of the amended law no. (64) for the year (1999) against their payment of the monthly pension contributions as follows: -

  1. Four dinars during the first five years from the date of his/her graduation.
  2. Six dinars if the elapsed period of his/her graduation ranged between five and ten years.
  3. Eight dinars if the elapsed period of his/her graduation ranged between ten and fifteen years.
  4. Ten dinars if the elapsed period of his/her graduation ranged between fifteen and twenty years.
  5. Twelve dinars if the elapsed period of his/her graduation exceeded twenty years.

Secondly: Second segment: (For members who wish to subscribe in the fund prior to the issuance of the amended law no (..) for the year (..)) a a monthly pension amounting to two hundred and eighty dinars against the member’s payment of the monthly pension contributions as follows: -

  1. Eight dinars during the first five years from the date of his/her graduation.
  2. Twelve dinars if the elapsed period of his/her graduation ranged between five and ten years.
  3. Sixteen dinars if the elapsed period of his/her graduation ranged between ten and fifteen years.
  4. Twenty dinars if the elapsed period of his/her graduation ranged between fifteen and twenty years.
  5. Twenty-four dinars if the elapsed period of his/her graduation exceeded twenty years.

Thirdly: Third segment: a monthly pension amounting to four hundred dinars against the member payment of the monthly pension contributions as follows: -
A- For subscribed members or transferred to this segment prior to the issuance of the amended law no () for the year ():

  1. Twelve dinars during the first five years from the date of his/her graduation.
  2. Eighteen dinars if the elapsed period of his/her graduation ranged between five and ten years.
  3. Twenty-four dinars if the elapsed period of his/her graduation ranged between ten and fifteen years.
  4. Thirty dinars if the elapsed period of his/her graduation ranged between fifteen and twenty years.
  5. Thirty-six dinars if the elapsed period of his/her graduation exceeded twenty years.

B- The contributions of the subscribed members or transferred to this segment after the issuance of the amended law no () for the year () under instructions issued by the council upon the recommendation of the management committee based on an actuarial study prepared for this purpose.

Fourthly: Fourth segment: a monthly pension amounting to six hundred dinars against the payment of the monthly pension contributions as follows: -

  1. Twenty-eight dinars during the first five years from the date of his/her graduation.
  2. Forty-two dinars if the elapsed period of his/her graduation ranged between five and ten years.
  3. Fifty-six dinars if the elapsed period of his/her graduation ranged between ten and fifteen years.
  4. Seventy dinars if the elapsed period of his/her graduation ranged between fifteen and twenty years.
  5. Eighty-four dinars if the elapsed period of his/her graduation exceeded twenty years.

Fifthly: Fifth segment: a monthly pension amounting to one thousand dinars against the payment of the following monthly pension contributions:

  1. Fifty-six dinars during the first five years from the date of his/her graduation.
  2. Eighty-four dinars if the elapsed period of his/her graduation ranged between five and ten years.
  3. One hundred and twelve dinars if the elapsed period of his/her graduation ranged between ten and fifteen years.
  4. One hundred and forty dinars if the elapsed period of his/her graduation ranged between fifteen and twenty years.
  5. One hundred and sixty-eight dinars if the elapsed period of his/her graduation exceeded twenty years.

Article 17-

  1. The period subject to the pension shall be specified in the number of months which the monthly pension contributions and the accumulated additional fees are paid for.
  2. The due pension for the fund’s member according to any of the segments mentioned in article (14) of this law is calculated by multiplying the amount of the pension (salary) for the segment by the number of months which the monthly pension contributions subject to the pension of that segment are paid for then dividing the result by (360).
  3. The fund member may transfer from a segment to another provided that his/her pension shall be calculated when due by adding what he/she deserves of each segment alone.
  4. The fund member may transfer fully from a lower segment to a highest segment retroactively from the date of his subscription in the fund provided paying an amount determined in accordance with a financial schedule determined by the council upon the recommendation of the management committee based on an actuarial study conducted for this purpose.
  5. The enrollee fund member and before enforcing this law is allowed to repay the differences of transfer to the fourth segment without paying additional fees during one year from the date of enforcing its provisions. (Revoked)
  6. The transfer from a highest segment to a lower segment is permitted, and in this case the fund’s member shall not retrieve any amounts which he has already paid before this transfer took place. (Revoked)

Article 20-

The following persons are considered as beneficiaries who have the right in receiving the pension after the death of the fund’s member or the retired member: -

  1. The member’s parents and the minors or the disabled from his brothers and sisters if when he passed away, the member was single ( a bachelor).
  2. But if the member was married when he passed away, the beneficiaries whom are to be considered are:
    1. Husband or wife the divorced or the divorcee.
    2. Parents
    3. Children who did not exceed eighteen years of age or who are still receiving their education in educational institutions until their obtaining of the first university degree or reaching the age of the twenty-five whichever is precedent, and his/her single daughters, divorced and non-workers who don’t have any pensions.
    4. Children with special needs who are unable to work and earn.
    5. The minor brothers and sisters or people with special needs if the fund’s member has previously requested and in written to add them to the beneficiaries at the time of his application.

Article 21-

The allotted pension under the provisions of this law for the wives and husbands(spouse), daughters, mothers and sisters will be terminated ( stopped ) when they got married.

Article 28-

The fund’s member who lost his/her membership in the association for any reason has the right to retrieve the pension contributions and the additional fees which he/she has paid to the fund under the provisions of this law.

Reasons of Amendment

  • To eliminate the doubt regarding the claim that the fund is being engaged in acts of profitability.
  • The correct is the completion of the age of fifty and not reaching it.
  • Pensioning due to total disability is optional according to Article (16) of the law, so the text shall be modified because he/she may become disabled and doesn’t request pensioning.
  • Develop an explicit text of the currently applied procedures, and states explicitly about the retired engineer’s right to stop the unpaid contributions that he/she don’t wants to pay and includ it into the equation of calculating the pension to not be considered as unpaid receivables.
  • Rearrangement of paragraphs and correction the order of years as it is applied effectively and correctly.
  • Cancellation of the second segment pursuant to the recommendations of the sixth actuarial study.
  • Modification of the contributions required from the subscribers in the third segment after the issuance of the amended order pursuant to the recommendations of the sixth actuarial study.
  • The development of segment of "one thousand dinars" pursuant to the recommendations of the sixth actuarial study and meeting the wishes of the members of the General Authority for the Fund.
  • Deletion of paragraphs (c + d) of the current law and connect the value of the required amounts for the transition between segments in schedules based on an actuarial study, regardless the age of the member.
  • Deletion of paragraph (e) of the current law to stop its application.
  • Clarification of a mechanism for calculating the salary in the case of transition from one segment to another without retroactive.
  • Deletion of paragraph (f) as it is not needed practically, and because paragraph (c) in the project covers it.
  • To cover the case of divorce, in the presence of the children, as there was no text ministering to children "beneficiaries” to benefit in the case of divorce of parents.
  • To cut the salary for spouse (the man) in the case of his marriage just like the wife.
  • Deletion of the highlighted phrase as it can’t be applied practically.
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