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Having reviewed the Social Insurance Law issued under Royal Decree No. M/33
Dated 03/09/1421 H;
As the new Law demands issuance of new implementing regulations taking into
consideration the new and revised provisions thereof; and pursuant to the Decision of
the Board of Directors of the General Organization for Social Insurance No. 735
dated 25/10/1421 H. concerning the Regulations it has adopted in substitution for the
said old Regulations,
DECIDES AS FOLLOWS:
ARTICLE (1)
For the purposes of application of the provisions of the Social Insurance Law issued
under Royal Decree No. M/33 dated 03/09/1421 H. the following Regulations
attached hereto shall be put into effect:
ARTICLE (2)
For the purposes of definition of the terms set out in the Regulations mentioned in the
preceding Article, they shall have the meanings provided for in Article (2) of the Law
and in the said individual Regulations in addition to the meanings of the following
terms:
1. New Law : The Social Insurance Law issued under the Royal Decree No. M/33
dated 03/09/1421 H.
2. Old Law : The Social Insurance Law issued under the Royal Decree No. M/22
dated 06/09/1389 H.
ARTICLE (3)
ARTICLE (4)
1. The Governor of the General Organization for Social Insurance may amend the
forms incorporated in the Regulations attached hereto and issue such other forms as
he may deem necessary. He may also explain or detail any of the provisions of the
said Regulations.
2. The Governor may delegate some of his powers provided for in the attached
Regulations to such officials of the Organization as he may designate.
ARTICLE (5)
1. In application of the provisions of paragraph (2) of Article (68) of the Law, the
Regulations Implementing the old Law issued by the Ministerial Decisions referred to
in the preamble of this Decision shall become null and void.
3. the decisions already issued in respect of the work organization and procedures
shall remain valid so long as they do not contradict the provisions of the said Law and
Regulations until they are amended or replacement decisions are issued.
ARTICLE (6)
This Decision and the Regulations attached hereto shall be published in the official
gazette and shall take effect on and from the date on which the Law is put into effect,
and the Governor of the General Organization for Social Insurance shall take the
measures necessary to give effect thereto.
Ali I. Al-Namlah Minister of Labour and Social Affairs REGISTRATION
AND CONTRIBUTION REGULATIONS
CHAPTER I
INTRODUCTORY PROVISIONS
ARTICLE (1)
For the purposes of definition of the terms set out in these Regulations, they shall
have the meanings provided for in paragraph (2) of the Social Insurance Law and
Article (2) of the Decision of the Minister of Labour and Social Affairs No.
128/Insurance dated 25/10/1421 H (20/01/2001 G) issuing the Regulations in
addition to the following:
1. The term "employer" means any natural or legal person employing one or
more compulsorily covered workers under a contract regardless of its period,
nature or form in consideration of a wage.
2. The term "establishment" means the legal entity through which the employer
conducts his activity and which bears his name or the commercial name of such
activity.
3. The term "branches of the employer" means the various premises through
which the employer conducts one activity.
5. The term "insurance number" means the permanent number of the insured
person’s registration with the Organization.
6. The term "insurance card" means the card issued by the Organization to the
insured person on his registration for the first time and which bears his
permanent insurance number.
7. The term "contribution month" means the Hijrah or Gregorian month for which
contribution is payable in accordance with the calendar followed by the employer.
8. The term "contribution year" means the year for which the contribution is
payable and which starts from Moharram or January according to the calendar
used.
9. The term "basic wage" means the amount received by the insured person, who
is compulsorily covered under the Law, in consideration of his work by virtue of a
written or unwritten contract regardless of the method of payment or
computation of such wage, less the allowances that may be granted according to
the work nature, risk or place or for overtime working hours or for any other
reasons no matter under whatever titles they are granted for, and less the
grants, annual bonuses and benefits in kind.
There shall be considered as basic wage the commission, the percentage of the
sales value, and the percentage of the profit notwithstanding that it may be paid
alone or in addition to a fixed wage.
10. The term "contributory wage" means the wage of the compulsorily insured
worker according to which the monthly contribution is payable under the
provisions of Article (16) of these Regulations.
11. The term "income category" means the monthly amount chosen by the
voluntarily covered person from among the income categories included in
Schedule No. (1) attached hereto and taken as a basis for the computation of the
amount of the monthly contribution payable by him and the amount of benefits
he may be entitled to, and it shall be regarded the same as the contributory wage
in respect of the compulsorily covered person.
13. The term "employer's share" means the contribution payable by the employer
on his insured worker's account for each contribution month in accordance with
the provisions of paragraphs (1) and 2(a) of Article (18) of the Law.
14. The term "period of delay" means the number of the months of delay starting
with the day immediately following the fifteenth day prescribed as the time limit
for payment of contributions and ending with the day of actual payment thereof,
counting each fraction of a month as a complete month.
15. The term " fines for delay " means the amounts the employer or voluntarily
insured person is liable to pay for the periods of delay in payment of the monthly
contributions.
ARTICLE (2)
With due regard to the successive stages of implementation of the Law and the
requirements of application of the Law and its Implementing Regulations, the
Occupational Hazards Branch shall apply to the Saudis and non-Saudis, but the
Annuities Branch shall apply to the Saudis only. Application shall be compulsory
or voluntary, as applicable, subject to the following details:
a. The workers who have had contractual relationship with the employer for
carrying out a work primarily within the Kingdom of Saudi Arabia in consideration
of a wage, regardless of the nature, form or duration of such relationship or of
the amount or kind of the paid wage, provided that the worker shall be under 60
Hijrah calendar years on the starting date of coverage under the Annuities
Branch, with due regard to the provisions of paragraph (2) of Article (4) of the
Law. Under this meaning, the trainee shall not be considered a worker unless his
training is intended for apprenticeship.
b. The Saudi worker who works abroad for an employer who has a head office
within the Kingdom shall be covered under the Annuities Branch so long as a
work relationship is established to have been existing between the worker and
the employer.
c. The employees of the State bodies and semi-State bodies who do not benefit
from the Civil or Military Retirement Schemes.
2. Voluntarily covered persons: are the Saudi nationals belonging to the following
categories:
d. The workers who are employed abroad but have no work relationship with an
employer who has a head office within the Kingdom, provided that a certificate
showing his engagement in employment and duly attested by the Saudi Embassy
in the country of residence is submitted.
e. The insured persons whose compulsory coverage under the Annuities Branch
has ceased due to their departure from the scope of compulsory coverage and
have expressed their wish to continue their membership in accordance with the
provisions of Article (8) of the Law.
3. Excepted Categories:
a. Government employees including the civil servants and military personnel who
are covered under the relevant retirement schemes, and this exception does not
involve the retirees who satisfy the conditions for coverage under the Scheme.
1. The workers who are employed in the agricultural enterprises that manufacture
their own products.
2. The workers who are subject to the Labour and Workmen Law.
3. The workers who are employed in state bodies and semi-state bodies.
d. The seamen who are employed on board of transporting or fishing ships. This
exception does not apply to the following categories of workers who are engaged
in such activities:
1. The workers employed in the premises of an employer who has taken the sea
or fishing works as his own trade; and in case any of such workers is transferred
from the employer's premises to the sea activities of the same employer, he shall
continue to benefit from the Law so long as it is applied to him.
3. The workers who are subject to the Labour and Workmen Law.
f. Foreign worker who is brought into the Kingdom to carry out works which
usually take no more than three months to complete, such as visiting physicians,
consultants and the like.
g. Artisans who are self-employed, employ no workers and take their homes as
their business premises.
h. Employer's family members who work in the family firms employing no other
workers and are taken to mean the family members provided for in paragraph (8)
of Article (2) of the Law.
The excepted categories in paragraphs (g) and (h) may request voluntary
coverage provided for in Chapter V of these Regulations.
The exception pertaining to the categories mentioned in items (c), (d), and (e)
above shall not prejudice their future coverage under the Law in accordance with
the provisions of paragraph (2) of Article (5) of the Law.
CHAPTER II
REGISTRATION
ARTICLE (3)
1. The following forms shall be used for the registration of the non-
government sector employers and their workers:
e. Form No. 5/Insurance for entering and leaving employment by all workers
of an employer during the month.
3. The registration of the voluntarily covered persons shall be done by the use
of Form No. 7/Insurance for application for coverage under the Scheme by the
categories mentioned in paragraph (4) of Article (4) of the Law or for
application for continuation of coverage under the Annuities Branch pursuant
to the provisions of Article (8) of the Law.
ARTICLE (4)
1. The Governor may except some employers from using all or part of the
forms prescribed in the preceding Article and permit them to have them
replaced by alternative forms so long as that better serves the Organization
work system, particularly the automated methods of preparing employer's
accounts.
2. The Governor shall prescribe the formats and descriptions of the forms and
certificates provided for in these Regulations and the terms and conditions of
use and times of submission thereof.
ARTICLE (5)
The Organization shall print the forms provided for in these Regulations and
distribute them for a payment to be determined by the Governor or otherwise
free of charge in such cases as may be determined by the Governor.
ARTICLE (6)
b. In cases other than that provided for in the preceding paragraph, all
employer's activities and branches shall be considered an integrated unit so
long as the proprietor of each activity or branch is the same proprietor of all
the other activities or branches.
a. If the employer has numerous branches of the same activity, the group of
branches falling within the jurisdiction of one office shall all be treated as one
employer. However, each of the branches falling within the jurisdiction of
various offices, shall be treated as an independent employer.
b. If the employer has various activities of which each has its own independent
financial entity, each activity shall be considered as an independent employer,
notwithstanding that such activities fall within the jurisdiction of one office.
However, if any of such activities has no independent financial entity, it shall
be treated in accordance with the provisions of the preceding paragraph.
c. The Governor may, for the purpose of maintaining the work interest,
consider the branches or activities of the employer as an integrated unit in
their dealings with the Organization or accept centralized payment of
contributions for all branches and activities through the head office or
decentralized payment through each of the various branches of activities, or
centralized payment for some of them and decentralized payment for the
others, so long as that facilitates dealing with the employer and does not
contradict the work interests of the Organization.
ARTICLE (7)
The Organization shall maintain a full register of the employers and shall
update the same regularly. To do so, the Organization may conduct a
comprehensive field survey or inspection of establishments in all parts of the
Kingdom, have access to the data available at all state bodies, semi-state
bodies and chambers of commerce and industry and avail itself, as necessary,
of the services of the administrative bodies. The Governor shall set the
procedures for the implementation of the provisions of this Article.
ARTICLE (8)
1. The employer shall submit the duly completed forms required under these
Regulations within the prescribed time limits, and failure in doing so shall
justify the imposition of the penalties provided for in Article (62) of the Law.
ARTICLE (9)
b. The required data in respect of his workers which shall be given on forms 2,
3 and 5/Insurance, as applicable, associated with a copy of an official
document confirming the date of birth or a copy of civil status identification
card for the Saudi workers or a copy of the passport for the non-Saudi
workers, as applicable, and such forms shall be submitted along with the form
for registration of establishment referred to in paragraph (a) above, or within
the first fifteen days of the month immediately following the first month for
which contributions become payable, in which case the said forms shall be
associated with the contribution payment cheque and Form No. 4/Insurance.
2. The employer shall, after the registration of his establishment and workers
in accordance with the provisions of paragraph (1) of Article (9) of these
Regulations, do the following on timely basis:
a. To notify the appropriate office of any new worker who enters employment
provided that the notification shall be effected within the first fifteen days of
the month immediately following the month in which the worker has entered
employment. Such notification shall be made by completing Form
No.3/Insurance or 5/Insurance, as applicable, associated with a copy of the
documents referred to in the preceding paragraph 1(b) together with the
contribution payment cheque or voucher.
3. The worker shall have the right to notify the appropriate office of his entry
into employment and request for registering him, if the employer fails to do
so, provided that such notification shall be made within the fifteen days
immediately following the time limit prescribed for the employer to register
his workers provided for in the preceding paragraphs 1(b) and 2(a), as
applicable. The appropriate office shall, in this case, force the employer to
register such worker, so long as he has met the requirements of his
registration.
ARTICLE (10)
The employer shall notify the office of the Organization of any changes in the
nature, legal status, or address of the activity he practices or in the competent
staff signatures or of loss or replacement of stamps, otherwise the employer
shall bear the consequences of failure to notify or delay in doing so. Such
notification shall be effected within two weeks from the date on which such
changes have occurred.
ARTICLE (11)
1. The offices of the Organization shall register the employer and notify him
of his registration number within two weeks from the date of submission of
the relevant forms.
2. The offices of the Organization shall issue numbers to the insured persons
upon their registration with the Organization for the first time, and the
insurance numbers thus allocated shall be permanent throughout their period
of membership in the Scheme. A new member may not be allotted an
insurance number previously allotted to another insured person who has left
service for any reason.
ARTICLE (12)
1. The offices of the Organization shall issue an insurance card for each
insured person upon his registration for the first time, and this card shall
contain the following particulars:
- Full name of the insured as per the official document used for his
registration.
- Insurance number.
2. Such card shall be sent to the employer for whom the insured person is
working at the date of registration for delivery to the respective insured
person. If the employer fails to deliver an insured person’s card, he shall return
the card to the office which shall attempt to make the delivery thereof. The
card may also be delivered directly by the Organization to the respective
worker. The voluntary contributors shall receive their cards in person from
the office.
3. The contributor shall preserve his contribution card in good condition, and
he shall produce it to any employer for whom he works and take it back after it
has been duly noted by the employer. The contributor, or his family members
in the event of his death, shall quote the contribution number on all
correspondence related to any issues pertaining to the application of the
provisions of the Law.
ARTICLE (13)
1. The Organization shall grant every employer, upon his request, a certificate
evidencing his registration with the Scheme, and this certificate shall be
prepared in accordance with the form made for this purpose and shall not be
regarded as valid unless it bears the official stamp of the Organization.
2. Where an employer has more than one branch or activity and each branch or
activity is to be dealt with as an independent employer as provided for in
Article (6) of these Regulations, a separate certificate shall be issued for each
branch or activity and one certificate shall be issued to any group of branches
or activities considered to be one employer.
3. The certificate referred to above shall not be issued or renewed until the
employer submits the required forms and discharges all his obligations
towards the Organization as of the date of issue of the certificate.
5. The certificates referred to in the preceding paragraphs shall be valid for the
period and according to the conditions set out in each certificate.
ARTICLE (14)
ARTICLE (15)
1. In the event of expiry of the time limits given to the employer to register his
workers or to the worker to apply for registering himself if the employer fails
to register him, retroactive registration of such worker may only be effected by
the Governor's approval subject to meeting the following requirements :
a. The fulfillment by both the employer and the worker of the conditions of
compulsory coverage under the Law during the period required to be
registered on the basis of such documents as may be satisfactory to the
Organization.
b. The required contributions shall be paid for the period for which a
retroactive registration is required on the basis of contributory wages that are
comparable with the wage recorded at the Organization for the same insured
person for a former or subsequent period, with due regard to the wages listed
in the Schedule of the income categories attached to the Regulations. For this
purpose, the contributory wage taken as a basis for payment of contributions
due for the said period shall be determined as follows:
5. The Governor shall set such examples and details as may be required for the
application of the provisions of the preceding paragraphs (1).
1. Fines for delay with no maximum shall be imposed on the employer who is
discovered to have deducted the worker's share of contributions and retained it
without delivery of the same to the Organization due to his failure to register
the worker.
2. Where the establishments that take the initiative to apply for registration,
and they and their workers have accordingly become covered for the first time
and it has been discovered that both the establishments and their workers
should be retroactively covered, they may be exempted from all or part of the
additions for delay in accordance with the provisions of Article (30) of these
Regulations.
3. The provisions of this Article shall take effect in respect of the compulsory
contributors and shall apply to all applications for the recording of
contribution period on retroactive basis which are produced to the
Organization Offices after the introduction of these Regulations or before the
introduction thereof but have not been decided on yet (2).
CHAPTER III
ARTICLE (16)
a. The basic wage provided for in paragraph (9) of Article (1) of these
Regulations whether paid monthly, weekly, daily or by piece or according to
number of work hours or amount of production.
ARTICLE (17)
For the purposes of computation of the monthly wage of the daily-paid insured
person, the daily wage shall be multiplied by 30, and the product so obtained
shall be the monthly wage which is subject to contributory deduction.
ARTICLE (18)
1. The monthly wage of the insured person who receives his wage on a piece-
work basis, or as percentage of the sales value or on production amount basis
shall be deemed to be the monthly average of the wages he received for his
actual period of work in the preceding year.
2. The monthly wage of the insured person who receives his wage on an
hourly basis shall be computed on the grounds that every 240 paid hours are
equivalent to one month.
ARTICLE (19)
1. The monthly contribution payable in respect of any insured person shall not
be less than the contribution payable in respect of another insured person
receiving a monthly wage of SR 400. If the actual wage would otherwise be
less, the contributions payable by the employer and the insured person shall be
computed on the basis of the said wage base. The effect of this provision shall
involve only the assessment of contribution to the Social Insurance Scheme.
2. The provision of the preceding paragraph shall also apply to the apprentice
covarad by the Scheme, and if he is an unpaid apprentice, the employer shall
be liable to pay both the insured’s and employer's shares of the contribution.
3. The state and semi-state bodies shall be excepted from the application of the
provisions of the two preceding paragraphs.
ARTICLE (20)
Where an insured person works for more than one employer, each of such
employers shall pay separately for the insured the contributions payable under
the Law on the basis of the contributory wage he pays to the insured, provided
that the total contributory wages paid by all his employers shall not exceed SR
45,000 (forty five thousand Saudi Riyals) per month, otherwise the
contributory wage paid by each such employers shall be reduced on pro-rata
basis, and the Governor shall determine the details required for the application
of this provision.
ARTICLE (21)
2 (a) Contributions payable by the employer and deductible from the insured’s
wages during the year shall be paid in full on the basis of the whole
contributory wage agreed upon and received in the month of Moharram or
January of each year, subject to the calendar adopted by the employer,
notwithstanding that the contract of employment may be suspended or that his
wage may be insufficient for payment of the insured’s share of contribution, in
which case the insured’s share duly paid by the employer shall be regarded as
a loan which shall be settled in accordance with the provisions of the Labour
Law.
2 (b) The contributions payable in respect of the insured persons who enter
employment during the year shall be collected on the basis of the full
contributory wage for the month of their entry into employment until the end
of the insurance year, and they shall thereafter be treated on the basis
provided for in the preceding paragraph.
3. The contributions for the month of entry into employment shall be collected
on the basis of a complete month, but no contributions shall be collected for
any part of the month in which the employment is terminated unless it is
terminated at the end of the last day of the month. However, if the
employment is terminated in the same month of entry into employment, the
contributions shall be collected for the said whole month.
4. For the purposes of application of the provisions of paragraph 2(a) of this
Article, contributions shall continue to be payable in the following cases:
ARTICLE (22)
ARTICLE (23)
In calculating and paying the due contributions, the employer shall pay the
actual amount of contributions in full including the fraction of the Riyal.
ARTICLE (24)
a. In case of the increase in the wages of the insured persons employed in state
and semi-state bodies.
ARTICLE (25)
1. The age of the insured person shall be recorded at the time of his initial
registration in accordance with the provisions of the first paragraph of Article
(48) of the Law, and such age may not be amended after it is recorded,
notwithstanding that other documents showing a different age may appear
later.
b. If the insured is registered before these Regulations are put into effect and
his age has not been recorded in accordance with the civil status identification
card, passport (for the non-Saudi covered under the Occupational Hazards
Branch) or decision of the appropriate Medical Board of the Organization.
3. In case the date of birth is not specified by day and month, the birth shall be
deemed to have taken place on the first day of the seventh month of the
relevant Hijrah or Gregorian year, as per the calendar recorded.
ARTICLE (26)
For the purposes of application of Article 18(1) of the Law, the rate of
contributions for the Occupational Hazards Branch shall be raised to the
double as a maximum in respect of employers who refuse to abide by the
instructions issued by the Organization or the other appropriate authorities in
regard of the workers' safety and health, after such employers are warned and
a time limit is given for eliminating the violation, by means of a report to be
prepared by the appropriate authority determined by the Governor, with due
regard to the following:
1. The Governor shall, by decision to be made by him, set the raise in the rate
of contributions provided for in the preceding paragraph for the months in
which the employer continues to have violated the safety and health rules.
2. The revised contributions shall be collected for the whole month in which
the report evidencing the non-compliance of the employer with the
occupational safety and health rules, has been prepared. Such contributions
shall remain valid until the causes of violations have been fully removed and
the said instructions are thoroughly observed, provided that contributions shall
not be collected for the month in which the said causes are removed.
3. The revised contributions shall, after the employer is so notified, have the
validity of the original contributions as to payment of and times and
procedures for payment of contributions and penalties for delay in payment.
4. The decision for removing the raise in contributions shall be issued by the
Governor.
ARTICLE (27)
a. The crews of the Saudi aircrafts : They shall continue to be covered under
the Occupational Hazards Branch during their work on board of the aircrafts
or during their trip from the airport to their dwelling or vice versa in the
countries abroad to which such flights reach.
b. The crews of the Saudi land and sea means of transportation: They shall
continue to be covered under the Occupational Hazards Branch during the
international trips abroad in accordance with such controls as may be set by
the Governor.
ARTICLE (28)
The rectification of the contributory wages taken as a basis for the payment of
contributions to the Organization may not be considered, unless the
application for rectification is submitted during the insurance year in which
the contribution has been paid or during the first three months of the
subsequent year at the most. In exception of this provision, the Governor may
consider the amendment of such wages in case the Organization discovers that
the employer has not fixed the contributory wages in the legal way.
In all cases, the contributory wage may not be rectified after the insured
parson sustains an employment injury.
ARTICLE (29)
ARTICLE (30)
1. The fines for delay provided for in paragraph (5) of Article (19) of the Law
shall no more be raised once they represent 100% of the contributions on
which payment of such fines are payable.
2. The Governor may exempt the employer who is cooperative with the
Organization from all fines for delay for justifiable reasons if the period of
delay is not more than ten days.
ARTICLE (31)
Without prejudice to the provisions of Article (62) of the Law and Article (15)
of the Regulations, where it is established that the employer has deducted the
contributions from the wages of his workers and failed to pay them to the
Organization, he shall be liable to pay them in addition to his lawfully
prescribed share and to register the workers whose wages have been subject to
deductions so long as they satisfy the conditions for coverage under the
Scheme. However, where it is established that workers from whose wages
contributions have been deducted do not meet the coverage conditions, the
employer shall be notified of the non-acceptance of their registration and
requested to repay the workers their wage deductions.
CHAPTER IV
ARTICLE (32)
Contributions, fines and other amounts due to the Organization shall be paid to
the Organization by cheques payable at accredited banks operating within the
jurisdiction of the appropriate office of the Organization, or by such other
means as may be determined by the Governor. The payment cheque or
voucher shall be associated with the forms provided for in Article (3) of these
Regulations and such other forms as may be determined by the Organization.
ARTICLE (33)
- the date of delivery of the payment cheque to the office of the Organization
(in case of direct delivery);
- the date of the registered envelope or packet containing the payment cheque
if sent by post. However, where such date is unclear, the employer shall be
deemed to have paid the contributions five days earlier than the date on which
the said envelope or packet is received, unless the cheque is post-dated in
which case the date of payment of contributions shall be deemed to be the date
of the cheque;
- the date on which a deposit is made at the bank in favour of the Organization
or at such another places as may be specified by the Governor; or
- if the payment means approved by the Organization other than the foregoing
is adopted, the Governor shall determine the method of establishing the
relevant date of payment.
3. Nevertheless, if any of the last five days of the payment time-limit happens
to be an official holiday, the due date for payment of contributions shall be
extended to an equivalent number of days up to a maximum of five days.
ARTICLE (34)
Failure to submit the forms within the relevant prescribed time limits shall be
considered as one of the cases that permits the Organization to impose the
penalties provided for in Article (62) of the Law.
ARTICLE (35)
ARTICLE (36)
ARTICLE (37)
1. With due regard to the provisions of paragraph (3) of Article (63) of these
Regulations the employer's appeal shall not interrupt the grace period he is
given for payment under paragraph (5) of Article (19) of the Law. In the event
that he wishes to suspend application of the fines for delay, he shall pay on
account all amounts claimed. If his appeal is accepted, such payments shall be
refunded to him and if it is not accepted, he shall be deemed to have paid his
dues within the limits of the payment he has already made.
ARTICLE (38)
Without prejudice to the provisions of paragraph (6) of Article (62) of the
Law, neither contributions due to the Organization nor fines for delay shall be
waived by lapse of time for any reason whatsoever.
ARTICLE (39)
1. The amounts due to the Organization shall not be forfeited by the death of
employer; and his heirs shall be jointly liable to pay such amounts, each within
the limits of his inherited share.
ARTICLE (40)
1. The Organization may, when necessary, accept payment of the amounts due
from the employer by installments over such period as may be determined by
the Governor, provided always that either:
(a) the amounts due to the Organization are secured against the employer's
fixed assets, being sufficient to cover the said amounts, and the employer shall
be precluded from disposing of such assets by sale or any other means
whereby ownership may be transferred before the said amounts are paid in
full, unless the Organization gives its prior approval, or
2. The Governor may exempt the employer from the condition for providing
the securities referred to above.
ARTICLE (41)
(a) the contributions due from the employer not paid by him as of the date of
issue of the decision for installments;
(b) the fine for delay due in respect of the contributions not paid as of the date
of issue of the said decision; and
(c) the fines for delay in payment of each installment until it is paid in full,
provided that the total amount of such fines plus the fine provided for in the
preceding paragraph (b) shall not exceed 100% of the amount of contributions
provided for in paragraph (a) above.
ARTICLE (42)
a. the Organization considers that the reasons justifying the decision have
ceased to exist; or
b. the employer fails to pay the due amounts in the due times; or
c. the employer fails to pay new monthly contributions in the due times; or
- bankruptcy;
- enforced sale of the employer's assets which is effected at the request of any
creditor, whether such enforcement is administrative or judical; or
ARTICLE (43)
The law shall apply to those who wish to have voluntary coverage by virtue of
the provisions of paragraph (4) of Article (4) of the Law in accordance with
the following rules and procedures:
2. With due regard to the provisions of paragraph (2) of Article (44) of these
Regulations, the voluntarily covered person shall select from the attached
Schedule No. (1) the income category he wishes to be taken as a basis for his
contribution, and his coverage shall take effect on and from the beginning of
the month immediately following the date of completion of the required
documents.
ARTICLE (44)
1. a. The applicant for voluntary coverage may not request to repay the
compensation he has already recived except in the cases provided for in
paragraph (1) of Article (14) of the Annuities Branch Benefits Regulations.
b. For the purposes of accepting the application for coverage, the following
conditions shall be satisfied :
3. The contribution shall start with effect from the first day of the month
immediately following the date of completing the required formalities and
documents.
4. The one to whom the provisions of Article (8) of the Law are applicable and
has missed the chance of applying for voluntary contribution within the time
limit provided for in paragraph ( 1.b.2 ) of this Article, may, at any time, apply
for voluntary contribution in accordance with the provisons of Article (43) of
these Regulations, so long as he fulfills the required conditions, with due
regard to the provisions of paragraph (2) of this Article .
ARTICLE (45)
The following provisions shall apply to all those who are voluntarily covered
in accordance with the provisions of paragraph (4) of Article (4) and Article
(8) of the Law:
1. With due regard to the provisions of Articles (43) and (44) of these
Regulations, the applicant for voluntary coverage shall meet the following
requirements in order to accept his application:
3. The insured person or the one who acts on his behalf shall pay the
contribution due for each month in advance within fifteen days of each month.
The Governor may accept advance payment of contributions for any period as
he may deem appropriate and in accordance with such procedures,
arrangements and conditions as he may determine for individual or collective
cases, without prejudice to the requirement of expiration of the period for
which contributions have been paid until the commencement of the lawfully
due date of payment of benefits, as if the contribution has been made on
monthly basis.
4. The insured person may designate the name or names and specimen
signatures of the representatives who act on his behalf for the purposes of
application of the provisions of the Law and these Regulations particularly for
submission of documents, completion of forms, and reporting the events
required to qualify to benefits. Any actions taken through any of such
representatives shall be deemed as binding to the insured person. The insured
may replace such representatives any time after giving the Organization a
notice to this effect. If he does not designate any representative to act on his
behalf to do so, he shall be liable to deal with the Organization by himself.
5. The insured person may apply for changing his current contributory income
category to the immediately higher one, provided that he submits his
application for the change begore the beginning of the insurance year. The
same shall apply to the one who submits his application within the first fifteen
days of the first month of the said year. If he fails to do so within time limit,
the change shall take effect in accordance with the new category from the
beginning of the insurance year immediately following the date of submission
of the application .
6. The insured person may apply for changing his current contributory income
category to a lower one, provided that he submits his application before the
beginning of the insurance year. The same shall apply to the one who submits
his application within the first fifteen days of the first month of the said year.
If he fails to do so within this time limit, the change shall take effect in
accordance with the new category from the beginning of the insurance year
immediately following the date of submission of the application. In this case,
the insured person shall be treated the same as the complusorily covered
person whose contributory wage is reduced in accordance with the provisions
of the Annuities Branch Benefits Regulations.
9. The insured person whose coverage is suspended may resume coverage for
the purpose of completing the period qualifying for pension or increasing such
period, in which case he may pay the contributions and fines for delay due for
the suspended period or otherwise forfeit such period. Coverage shall be
resumed and the contributions payable for the suspended period shall be
computed on the basis of his last contributory income category, and a fresh
application shall be submitted by using the form prepared for this purpose.
10. Failure to pay contributions for any reason shall not have effect on the
lawful time of entitlement to benefits.
11. If the applicant for voluntary coverage employs workers, his application
for voluntary coverage shall not be accepted unless he registers his
establishment and all his workers and pays the contributions due in respect of
such workers so long as they fulfill the conditions of compulsory coverage
under the Scheme as required by the phases of application.
12. The voluntarily covered person shall be subject to all provisions of these
Regulations that have no contradiction with his status as voluntary coverage,
in accordance with such details and procedures as may be set by the Governor.
CHAPTE VI
SECTION 1
GENERAL OBJECTIVES
ARTICLE (46)
1. The Organization shall take such measures as may be necessary for ensuring the
proper application of the provisions of the Law and its implementing regulations,
in particular:
a. To follow up the employers and assist them to properly apply the provisions of
the Law and its regulations to ensure, in particular, that they contribute for all their
workers on the basis of their actual wages and that they discharge their obligations
towards the Organization in accordance with the provisions of the Law and the
decisions of implementation thereof, and this includes the continuous survey of
establishments and verification of the registration of such establishments with the
offices of the Organization.
b. To follow up the employers who fail to pay the contributions or to submit the
forms after the necessary actions are taken by the competent agencies of the
Organization.
c. To explain the provisions of the Law and its implementing regulations to the
registered employers to avoid application errors and to ensure speedy discovery
of committed violations.
d. To ensure that each establishment is maintaining regular records and files to
serve the objectives of insurance in accordance with the decisions implementing
the Law.
e. To verify the employer's violations of the provisions of the Law and the
decisions issued in implementation thereof and to investigate such violations and
the workers' complaints concerning the employer's failure to register the workers
or his payment of contributions on the basis of wages lower than the actual ones.
f. To coordinate between the appropriate organs of the Organization and those of
the state bodies for the purpose of proper application of the Law, to exchange
information pertaining to the new establishments to follow up those with late or
discontinued payment, and to check whether the employer is abiding by the
occupational health and safety instructions issued by the appropriate authorities.
2. The Governor shall, by decision to be issued by him, specify the departments
and sections assigned to achieve the objectives and tasks set under the preceding
paragraphs for each the head office and offices of the Organization as well as their
individual functions and work procedures.
SECTION 2
ARTICLE (47)
1. The social insurance inspectors shall be charged with the achievement of the
objectives provided for in Article (46) of these Regulations in accordance with
such organization, plans and instructions as may be approved by the Organization.
2. The social insurance inspectors shall be elected from among the Organization
employees who have been employed for not less than two years in the
departments of the Head Office or the inspection work-related sections of the
offices to the extent that renders them thoroughly acknowledgeable of the Law
and its Regulations. Due regard shall be given to the following in the selection of
inspectors:
a. They should be exclusively impartial.
b. They should not have any direct interest in the establishments being inspected
by them.
c. They should have showed efficiency in the performance of their duties at the
Organization.
3. The inspection works shall be entrusted to a selected inspector by temporary
assignment for two months after which a comprehensive report shall be prepared
on him. This report shall be used for evaluation of his personal characteristics,
behaviour, capabilities and aptitude for the proper performance of the inspector's
assigned tasks, prior to his permanent placement in the position of inspector.
4. Prior to starting performance of their tasks, the insurance inspectors and their
superiors shall take before the Governor the following oath:
" I swear by God the Almighty that I will carry out my post duties with honesty
and dedication and will not disclose the secrets which come to my knowledge in
the course of performance of my duties to any one other than the competent
agencies of the Organization. "
5. The Organization shall furnish each inspector with an identification card to
evidence his capacity and authorities, which card shall show his photograph, the
Governor's signature, the official seal, and the period of its validity as determined
by the Governor. The inspector shall return such card on quitting his job or being
transferred to do a job other than inspection. The inspector shall not be permitted
to use such card on assignments other than the official inspection ones. In case
an inspector loses his card, he shall be provided with a new one after it is
ascertained that he is free from the responsibility for the loss thereof.
6. The inspector may not be transferred to do another job after taking the oath
except for justifying reasons and by the Governor's approval.
ARTICLE (48)
ARTICLE (49)
In doing their jobs, the inspectors shall observe the following:
1. To be cautious and honest in choosing the information and statements they
include in their reports concerning the establishments they have inspected. In
particular, they shall base their observations on what they themselves hear or
witness. They shall refrain completely from making any comments on matters
which they are not adequately acquainted with in order to maintain the confidence
which has been placed in them.
2. To carry, upon performing their duties, the identification card which evidences
their capacities and to present it when needed.
3. To meet the employer or his representative before entry into the business
premises to perform inspection, unless they feel that the public interest
necessitates that they proceed performing their inspection assignment immediately
upon their arrival. In no way, a prior notification of an inspector's visit be made
unless such prior notification is deemed to meet the work interest.
4. To give full care to the guidance and advisory aspect in their relationship with
the employers and provide every possible aid with a view to assist them in
applying the Law and implemental measures thereof in the manner contemplated
by the Organization and to overcome any difficulties in this respect.
5. To choose, for the inspection visits, the convenient time, subject to the nature of
activity of the establishment.
SECTION 3
INSPECTION RULES AND PROCEDURES - REPORTS
ARTICLE (50)
ARTICLE (51)
1. Each inspector shall prepare on the relevant form approved by the Governor a
full report on the results of each inspection he conducts in respect of any
establishment he visits for the purpose of making periodical inspection or ensuring
compliance. The report shall be submitted to his immediate superior for review
and comments. The report shall, in particular, include the following information.
a. Administrative data which includes:
Inspector's name, date and time of inspector's visit, and names of the persons he
has met.
b. Identification of the establishment he has visited, which includes:
- Name, legal form, type of activity and registration number of the
establishment.
- Its address.
- Name of the proprietor or responsible manager.
- Nature of work.
- Number of Saudi and foreign workers in employment.
c. Summary of the results of the visit.
d. Recommendations.
e. Such other information as the Governor may recommend to be included in the
report.
2. The Office Director may accept the inspection visit made by an inspector
although it has not been included in the already approved inspection visit
programme, provided that the inspector shall have shown evidence of the visit
event by means of a report signed by him and the establishment proprietor or
responsible manager.
ARTICLE (52)
ARTICLE (53)
ARTICLE (54)
The Director of the appropriate Office shall submit to the Head Office of the
Organization a report on the following contraventions with a view to take the
necessary action if the office fails to have them remedied or if the remedy of such
contraventions requires approval from another competent authority:
ARTICLE (55)
For the purposes of application of the provisions of paragraph (4) of Article (62)
of the Law, the Governor shall be empowered to form one committee or more for
investigation in the violations provided for in the said Article and to set the
committee's work procedures.
CHAPTER VII
RULES FOR RECONCILIATION OF STATUS OF ESTABLISHMENTS OF WHICH ACTIVITY
IS PERMANENTLY DISCONTINUED
ARTICLE (56)
c. The termination of establishment and entry into liquidation or merger with others
whether under the Companies Act, agreement, articles of association, judicial verdict or
decision by an appropriate administrative authority.
For the purposes of application of the provisions of this Chapter, the term
"establishment" shall mean the head office and branches thereof owned by the
employer within the Kingdom of Saudi Arabia notwithstanding that they may all be
involved in a single or several activities, without prejudice to the provisions of
paragraph (2) of Article (6) of these Regulations.
3. The Governor, shall determine the data to be available in the inspection report
establishing the discontinuity of activity.
ARTICLE (57)
1. The fines for delay shall cease to apply on and from the date determined for
discontinuation of activity. The Governor may exempt the employers from
payment of all or part of the fines for delay due from the establishment of
which activity is discontinued for the period preceding the said date, on the
basis of his own judgment on the reasons for delay in payment of
contributions.
ARTICLE (58)
d. The employer's account shall be closed after the lapse of the periods
prescribed in the preceding two paragraphs (b) and (c) by a Governor's
decision, in which case the amounts due to the Organization shall be
considered as dead debts, after taking the adequate measures for collection of
the amounts due to the Organization or payment of the amounts due to the
employer, as applicable.
e. The Governor may extend the foregoing time limits if he discovers that
certain measures have not been taken for the collection of the amounts due to
the Organization or for payment of the amounts due to the employer.
CHAPTER VIII
PROCEDURES FOR SUBMISSION AND CONSIDERATION OF APPEALS
ARTICLE (59)
1. The employers or insured persons or the ones who act for them shall have the right
to appeal against any decision issued by any agency of the Organization in connection
with:
2. The Annuities Branch Benefits Regulations and the Occupational Hazards Branch
Benefits Regulations shall provide for the submission of appeals in connection with
decisions issued regarding entitlement to or computation of benefits.
ARTICLE (60)
1. The appellant may submit a petition to the same agency which issued the decision
appealed against for reconsideration, and such petition shall indicate the petitioner's
reasons and requests, provided that he shall submit his petition within one month from
the date on which he is notified of the relevant decision. Also, he may, in lieu thereof,
submit his appeal to the immediately higher level, provided that his appeal is
submitted within two months from the date of issue of the decision appealed against.
ARTICLE (61)
An appeal shall be submitted to the agency immediately above that which issued or
refused to issue the decision, as shown in detail below:
3. The Governor may, for justifiable reasons, accept to reconsider an appeal submitted
after the lapse of the prescribed time limit.
4. An appellant whose appeal has not been accepted for objective reasons after going
through the aforementioned sequence of levels referred to in the preceding paragraphs
may submit a complaint to the authority concerned with the settlement of labour
disputes within 30 days from the date of issue of the decision rejecting his appeal.
ARTICLE (62)
The appellant, or whoever acts on his behalf, may submit his appeal to the competent
authority in person or by registered mail. If the appeal is submitted by a
representative of the employer or insured person he shall prove the capacity in which
he is acting, and the appeal so submitted must contain the following particulars:
4. The agency which issued the decision appealed against and the particulars thereof;
and a copy of the decision shall be attached.
5. Reasons for the appeal in detail specifying the claims and justifications of the
appellant.
6. Signature of the appellant; but if he is unable to sign, he shall make the impression
of his left thumb on the submitted appeal before the official concerned with the
registration of appeals.
The Organization may prepare a form for appeals to be used by appellants upon
submission of their appeals in accordance with the provisions of this Chapter.
ARTICLE (63)
1. The Governor may form at the Head Office of the Organization a committee for the
examination of appeals presented to him. This committee may request such data or
information as it may need and deem necessary for the examination of the appeals and
prepare a report on each appeal within one month from the date on which the relevant
information is completed, which report shall be submitted to the Governor for
deciding on the appeal.
2. The committee may summon the appellant or his representative to appear before it
for discussion and may recommend putting away the appeal if, without valid reason,
the appellant or his representative fails to appear at the appointed time.
3. If the appeal fulfills the formal requirements, the measures for administrative
seizure provided for in these Regulations shall be suspended.
ARTICLE (64)
Without prejudice to the provisons of Article (29) of these Regulations, those registered
with Social Insurance shall be deemed to be properly registered if they have continued
payment of the required contributions for three or more years before 01/07/1423H,
notwithstanding that their registration might have involed any of the violations. This
exception shall not include the categories excepted from coverage under the Law or
registration of the non-Saudi worker with the Annuities Branch .
ARTICLE (65)
New contributory wages for all compulsory contributors shall be recorded in the first
month of the introduction of the Scheme (i.e. Moharram 1422 H - April 2001 G), and
such wages shall be fixed in accordance with the provisions of Article (16) and the
subsequent Articles of these Regulations. The Governor shall determine the method of
application of this provision.
ARTICLE (2)
ARTICLE (3)
For the purposes of application of the provisions of paragraph 3(e) of Article (38) of the
Law, if an insured person has worked for more than one employer at a time, and each
employer is liable to pay full contribution for each one month, the insured person, or his
eligible surviving family members, as applicable, shall be credited with one contribution
month for each one calendar month. In this case the total monthly wages due to the
insured person from the various employers during the last two contribution years shall
be taken as a basis for the computation of the pension, with due regard to the
application of the provisions of paragraph (2) of Article (19) and paragraph (3) of
Article (38) of the Law and Article (8) of the Annuities Branch Benefits Regulations.
The Governor may set forth such details and examples as may be required for the
implementation of this Article.
SECTION II
ARTICLE (4)
ARTICLE (5)
1. For the purposes of application of paragraph 1(e) of Article (38) of the Law, the
Organization shall pay the retirement pension to the family of the male or female
insured person who is sentenced for a term of imprisonment on temporary basis,
though he may be under sixty years of age, so long as he has completed the period
qualifying for entitlement to pension and satisfied the following conditions:
a. The insured person shall have been sentenced by virtue of a final judical order for a
term of imprisonment of not less than one year from the date of delivery of the
sentence order, and the arresting period preceding the date of delivery of the order
shall not be included therein.
b. The employer shall have notified the Organization of the termination of employment
of the insured person.
2. The right to the pension referred to in paragraph (1) of this Article shall commence
at the beginning of the month following that during which the sentence provided for in
paragraph 1(a) above is delivered and shall expire in either of the following times, as
applicable, with the next six months added thereto :
a. The end of the last day of the month in which the period of imprisonment prescribed
in the order expires.
b. The end of the last day of the month in which the imprisoned insured person is
released prior to the end of his term of sentence, in which case the appropriate office
shall coordinate with the prison administration to know the actual date of release of the
insured person.
3. The pension of the family members shall be paid to such person as may be
designated by the insured person to receive the pension on behalf of the family
members. Designation of such person shall be made by a statement of the insured
person duly approved by the administration of the prison in which he is detained. If
such designation is not made, the Organization may pay the pension to the person
designated by his eligible family members. If they do not designate anyone, the
pension shall be paid to the wife (or to the husband of the imprisoned female insured
person) or otherwise to the eldest member.
4. The retirement pension payable to an imprisoned insured person by virtue of the
provisions of paragraph 1(e) of Article (38) of the Law shall become final, if such
insured person attains 60 years of age in the course of his term of imprisonment. If,
prior to reaching that age, he dies or is afflicted with a non-occupational disability of the
kind provided for in Article (39) of the Law, his pension shall be re-computed, and he
shall be treated the same as the one who dies or is afflicted with a disability after he
leaves insurable employment prior to reaching age 60.
5. Where the imprisoned insured person is released prior to reaching 60 years of age
and the time limit prescribed in paragraph (2) of this Article has expired, he shall be
treated the same as any other insured person whose contribution period ends before
attaining age 60.
6. With due regard to the provisions of the preceding paragraphs, the pension payable
to the imprisoned insured person shall be subject to all the provisions of the Law and
these Regulations, particularly in relation to the conditions of continuity of entitlement
to pension.
ARTICLE (6)
In the application of the provisions of paragraph (2) of Article (38) of the Law, the
insured person who has completed 60 or more but less than 120 contribution months
and is no more engaged in any insurable activity and has filed a claim for payment of
his pension at age sixty or over, may claim to be credited for an additional period to the
extent required to qualify him for entitlement to pension, provided that the period to be
credited for shall not exceed five years, and that he shall pay the total contributions to
the Annuities Branch at the rate of 18% (eighteen percent) for each month of the
credited period computed on the basis of the average monthly contributory wage taken
as a basis for the computation of the pension. The insured person sall pay the said
amount of contributions either in one payment or by deducting it from the accumulated
pension due from the date of his retirement and paying the balance in monthly
installments at the rate of 25% (twenty five percent) of the payable monthly pension
until the whole due amount is settled. In the event of death of the insured person prior
to settlement of the whole amount, the Organization's title to the balance of the
installments shall be forfeited.
ARTICLE (7)
For the purposes of application of paragraph 3(a) of Article (38) of the Law, due regard
shall be given to the following :
a. The contribution period for which the pension is assessed shall mean the total
contribution months divided by 12 (twelve) months.
b. The contribution period completed with effect from the date of implementation of the
new Law shall be included in the computation of the pension at the rate of one fortieth
of the average monthly contributory wage in the last two years of his contribution
period.
c. The contribution period completed under the old Law shall be included in the
computation of the pension at the rate of one fiftieth of the said average provided for in
the paragraph (b), above. There shall be added to the pension payable for such period
the family allowance provided for in paragraph (3) of Article (38) of the old Law in
accordance with the relevant provisions applicable thereto.
d. In exception of the provisions of paragraph (c) above, the said family allowance
shall not be payable in respect of those to whom the provisions of the said paragraph
apply, if the total amount of the pension and the allowance is equivalent to or less than
the minimum prescribed for the retirement pension or non-occupational disability
pension, in which case the pension shall be raised to the said minimum and the
allowance shall be cancelled. However, where the said total amount exceeds the
prescribed minimum, the pensioner shall continue to receive this total without having
the pension raised to the prescribed minimum. In case, the amount of the allowance
has been revised as a result of a change in the number of the dependants which
revision renders the total amount to be equivalent to or less than the prescribed
minimum, the pension shall be raised to such minimum and the allowance shall be
cancelled. In the event of the death of the pensioner, the pension distributable among
the family members shall not be less than the prescribed minimum.
ARTICLE (8)
1. For the purposes of application of paragraph 3(b) of Article (38) of the Law, due
regard shall be given to the following:
a. The average monthly wage on which basis the pension is computed shall be one
twenty fourth of the total contributory wages on the basis of which the contributions
due have been paid during the last twenty four contribution months, with due regard to
the provisions of the next paragraph.
b. The average wage taken as a basis for the computation of the pension shall not
exceed 150% (one fifty percent) of the contributory wage at the beginning of the last
five years of the contribution period, save for the insured person whose contributory
wage has continued to be subject to the graduation provided for in paragraph (2) of
Article (19) of the Law for at least five contribution years. If, as a result of application
of this provision, the average wage taken as a basis for the computation of pension is
less than the actual average wage in the last two contribution years by 10% or over, a
separate pension shall be assessed for the excluded wage differences and such pension
shall be added to the original pension in accordance with such details and examples as
may be issued by Governor's decision.
2.1. For the purposes of application of the provisions of paragraph 3(d) of Article (38)
of the Law, due regard shall be given to the following:
a. The provisions of the said paragraph shall apply to the cases where the contributor's
average monthly wage in the last two years of his contribution period is less than his
average wage in any former year by 10% (ten percent) or over, due to an actual
reduction in this wage or in consequence of the application of the provision of
paragraph 3(c) of Article (38) of the Law.
b. The maximum number of periods which may be determined as separate periods shall
be only two contribution periods including the final contribution period, provided that
either periods shall not be less than two years and that the monthly average wage in
the last two years of the first separate period shall be more than 10% higher than the
monthly average wage for the final separate period.
c. In case the conditions provided for in the preceding paragraph are met by more than
one contribution period, the contribution period immediately preceding the final
separate period shall be elected.
d. If the insured person’s monthly average wage in the last two years of each separate
period is less than his wage in any year preceding such period by 10% (ten percent) or
over, the difference between them shall be taken for each year in which such difference
arises and the monthly average thereof shall be produced. Then a separate pension
shall be computed in respect of such differences and their respective period, which
pension shall be added to the original pension of that period.
e. The provisions of paragraph 1(b) of this Article shall apply to the average wage
taken as a basis for the computation of the pension for each separate period.
f. A pension shall be computed for each separate contribution period, with due regard to
the provisions of paragraphs (a), (b), (c), (d), and (e), above, and the ultimate pension
shall be equivalent to the total amount of all pensions due for those periods.
2.2 In case the conditions provided for in the two paragraphs 2.1. a and 2.1.b, above,
are not satisfied by a contribution period, the provisions of paragraph 2.1.d, above shall
apply to that period.
3. For the purposes of application of paragraph 4(a) of Article (38) of the Law, the
pensioner may not combine the wage he earns when he resumes an insurable work
with a portion of his pension in the manner provided for in the said paragraph, unless
he is 60 years old or is a recipient of a non-occupational disability pension referred to in
paragraph (7) of Article (39) of the Law.
ARTICLE (9)
1. In the application of the provisions of paragraph (1) of Article (39) of the Law, the
insured person shall be entitled to a non-occupational disability pension, if the disability
has occurred while the insured person is in employment covered under the Law, the
twelve or eighteen-month period is immediately following the completion of the
formalities for his actual registration with the Organization, and the state of disability is
established by the Medical Board within eighteen months at the most from the date of
termination of the contribution period in addition to the other statutory conditions. If
no decision establishing the disability is issued by the Medical Board within such period
for the insured person’s own reason, he shall be treated as the insured person who is
afflicted with a non-occupational disability after he leaves the covered employment
provided for in paragraph (2) of Article (39) of the Law in addition to the next
paragraph.
2. In the application of the provisions of paragraph (2) of Article (39) of the Law, the
case of the insured person who is afflicted with a non-occupational disability after he
left insurable employment shall be presented to the appropriate Medical Board to
consider the existence of the non-occupational disability required for entitlement to the
retirement pension prior to attaining age sixty. The case may be presented to the
Board at any time so long as the insured’s right to claim has not elapsed by the expiry
of the time limits provided for in Article (57) of the Law and the other statutory
conditions for entitlement to such pension are fulfilled.
3. The pension payable to the insured person who is afflicted with a non-occupational
disability after he leaves the insurable employment as well as the one who is treated as
such shall be deemed as a retirement pension to which all the relevant provisions shall
apply except that it is paid before reaching age sixty and due regard shall be given to
the following:
a. He shall not be entitled to the said pension for the period preceding the date of
leaving the insurable employment.
b. The minimum-related provisions of paragraph (3) of Article (39) of the Law as well
as the provisions of the said Article shall not apply to him.
c. This penioner shall be subject to such periodical medical tests as may be determined
by the Medical Boards until he attains 60 years of age .
The provisions of paragraphs (a) and (b), above, shall apply to cases of entitlement to
survirors pension as a result of the death of their insured breadwinner after leaving his
insurable employment which cases are provided for in pargraph (2) of Article (12) of
these Regulations.
ARTICLE (10)
For the purposes of application of the provisions of paragraph (4) of Article (39) of the
Law, an allowance of 50% (fifty percent) shall be added to the non-occupational
disability pension of the insured person if he is established by the Medical Board to be
in need of the assistance of others in the performance of his everyday life activities,
provided that such allowance shall not exceed the sum of SR 3,500 (three thousand five
hundred Saudi Riyals). Entitlement to the allowance shall commence with effect from
the date of entitlement to the disability pension or from the beginning of the month
immediately following the month in which the Board decides his entitlement to the
allowance, if the Board's decision is issued later. The Medical Board shall determine the
continuity of the need of the assistance of others. The allowance shall become final if
the need thereof continues to exist until the contributor attains sixty five years of age.
ARTICLE (11)
For the purposes of application of the provisions of paragraph 6(a) of Article (39), due
regard shall be given to the following:
1. The previous wage shall mean the insured’s full contributory wage due for the last
month of his contribution period or his full contributory wage preceding the date of
establishment of his non-occupational disability whichever is greater.
2. The insured person shall not be deemed disabled if his disability is caused by
suffering an infirmity or contracting a disease prior to the date of his actual
registration with the Organization unless the appropriate Medical Board has discovered
that the infirmity or disease has, after that date, deteriorated, which deterioration has
resulted in a drop in the percentage of his incapacitation for work.
ARTICLE (12)
For the purposes of application of the provisions of paragraph (1) of Article (40) of the
Law, due regard shall be given to the following :
1. In the event of the death of a compulsorily covered person while he is in an
employment covered under the Law, irrespective of his age, and the insured person has
had a contribution period of not less than three consecutive months or six non-
consecutive months following the completion of formalities for his actual registration
with the Organization, his family members shall be entitled to heirs pension with effect
from the beginning of the month immediately following the date of death. Such
pension shall be computed in the same method as the non-occupational disability
pension amount is computed.
2. In the event of the death of an insured person after leaving an employment covered
under the Law, his family members shall be awarded the retirement pension which shall
be paid with effect from the beginning of the month immediately following date of
death, if he has completed ten years of actual contribution or has completed the same
by adding the credited period provided for in paragraph (2) of Article (38) of the Law.
In the latter case, the amount of the contributions due for the credited period shall be
deducted from the accumulated pension payable to the deceased insured person prior
to having it distributed between the family members; then one quarter of the pension
share of each eligible family member will be deducted until the due amount is fully
settled.
ARTICLE (13)
1. For the purposes of application of the provisions of paragraph (1) of Article (41) of
the Law, the entitlement to the lumpsum compensation at age sixty shall arise if the
insured person has left the insurable employment. 2. For the purposes of application of
the provisions of paragraph (2) of Article (41) of the Law, the amount of compensation
due shall wholly be divided among the family members on equal basis. Where only
one eligible member is available, the total amount of compensation shall be paid to
him.
3. In the application of the provisions of paragraph 3(a) of Article (41) of the Law, the
lumpsum compensation may be paid to the insured person who moves to another
employment insurable under the Civil or Military Retirement Scheme without having to
wait until he attains sixty years of age, provided that:
a. his period of contribution under the Social Insurance Scheme has been terminated
after the new Law has been put into effect; and
b. his said period of contribution is considered for inclusion in the assessment of his
entitlements under the Civil or Military Retirement Scheme, subject to the rules that will
be issued by the Council of Ministers on the basis of the study that will be conducted
by the Ministerial Commission formed by the Council for this purpose.
4. In the application of the provisions of paragraph 3(c) of Article (41) of the Law, the
insured person may claim payment of the lumpsum compensation without waiting until
he attains sixty years of age in the following cases in addition to the cases provided for
in paragraphs 3(a) and 3(b) of the said Article :
a. If he is engaged in arduous or unhealthy occupations provided for in Article (4) of
these Regulations.
b. If he is sentenced by a judical order for a term of imprisonment of five years or
over, in which case the amount of compensation shall be paid to him in accordance with
the provisions of paragraph (2) of Article (5) of these Regulations.
c. If the insured person is deprived of his Saudi citizenship .
ARTICLE (14)
1. For the purposes of application of the provisions of paragraph (4) of Article (41) of
the Law, the insured person may, in any of the following two cases, repay the lumpsum
compensation he has already received for a former contribution period in order to be
credited to his contribution account:
a. The insured person who has been in insurable employment on the date the Law is
put into effect and has received a lumpsum compensation under the old Law may
express his wish to re-include the relevant contribution period provided that he repays
the compensation amount in full in one payment within one year from that date.
However, if such re-inclusion does not render the insured qualified for pension when his
contribution to the Scheme is terminated thereafter, the re-included period shall be
deleted and the insured shall be refunded the compensation previously repaid by him.
b. The insured person who subsequently resumes employment and has already received
a lumpsum compensation under the new Law, may express his wish to re-include the
relevant period, provided that he repays the compensation amount in full in one
payment within one year with effect from the date of his re-employment.
ARTICLE (15)
1. In the application of the provisions of paragraph (1) of Article (54) of the Law, if the
insured person willfully injures himself or commits a criminal act causing contingency
but remains alive, he shall not be entitled to the benefits provided for in the Law, but if
he dies as a result thereof, his family members shall be entitled to the benefits payable
under the Law.
2. In the application of the provisions of paragraph (1) of Article (55) of the Law, the
pensions payable during the term of imprisonment of the insured person shall be paid
to his family members in accordance with the provisions of paragraph (2) of Article (5)
of these Regulations.
ARTICLE (16)
In the application of the provisions of Article (58) of the Law, due regard shall be given
to the following:
1. There shall be submitted an official document satisfactory to the Organization,
evidencing the missing of the insured person in an incident that is almost fatal within
or outside the Kingdom.
2. Where the Organization is not satisfied that the incident causing the missing of the
insured person has not been almost fatal, any of his family members or whom it may
concern may submit to the competent court a request for issuance of an order whereby
the missing person is considered as dead in accordance with the provisions of the
Shariah Law, in which case the Organization shall be liable to execute the ensuing
order. 3. The provisions of this Article shall also apply to the case of missing of any of
the family members who are eligible for pension, if the same is intended to re-distribute
his share among the remaining eligible members.
ARTICLE (17)
1. In the application of the provisions of Article (66) of the Law, if an insured under the
old Law continues to be covered on the date on which the new Law is put into effect
and his contributory wage has dropped as a result of excluding some allowances from
the contributory wage elements pursuant to the provisions of paragraph 1(a) of Article
(19) of the Law or consequent to restriction to the maximum contributory wage
provided for in paragraph 1(b) of the said Article, and the total of his two contribution
periods under the two Laws reaches the level required to give him the right to receive
a pension, his pension shall be adjusted by one of the following two methods,
whichever is better for him.
a. The pension payable for the total of his former and subsequent contribution periods
shall be computed in accordance with the provisions of paragraphs (b), (c) and (d) of
Article (7) of these Regulations on the basis of the average contributory wage in the
last two years of his subsequent contribution period.
b. A separate pension shall be awarded for his contribution period completed under the
old Law regardless how small it is. This pension shall be computed in accordance with
the provisions of paragraphs (c) and (d) of Article (7) of these Regulations and on the
basis of the average contributory wage in the last two years of the said period or the
average wage for the said period if less than two years. There shall be added another
separate pension for the subsequent contribution period completed under the new Law
regardless how small it is, and such pension shall be computed on the basis of the
average contributory wage in the last two years of this period or the average wage for
the entire said period if it is less than two years, with due regard to the provisions of
paragraph (b) of Article (7) of these Regulations.
Provided always, the number of periods to be deemed as separate shall not be more
than two periods of which the first is the one completed before the effective date of the
new Law and the second is the one completed thereafter.
2. If the insured person referred to in the preceding paragraph is entitled to a lumpsum
compensation under paragraph (1) of Article (41) of the Law, such compensation shall,
with due regard to the rates provided for in the said paragraph of the Law, be
computed in either one of the following two methods whichever is better for him:
a. To compute the compensation for both periods on the basis of the average monthly
contributory wage in the last two years of the last period. b. To compute the
compensation for each period separately on the basis of the average monthly
contributory wage in the last two years of the respective period or the average wage in
the entire period if it is less than two years.
SECTION III
ARTICLE (18)
1. In the application of the provisions of paragraph (4) of Article (4) and paragraph (4)
of Article (8) of the Law, the voluntarily covered person shall be subject to all the
provisions of the Law that are not contradictory to his status as voluntarily insured
person save where a special provision is set out therefore, with due regard to the
following:
a. The monthly income elected by the voluntarily covered person from among the
income categories included in Schedule No. (1) attached to the Law shall be
correspondent to the monthly contributory wage in respect of the compulsorily covered
person, and the benefits entitled to him shall be computed with due regard thereto.
b. One contribution month shall be recorded in favour of the voluntarily covered person
against every month for which he has paid full contribution.
c. The provisions of paragraph (2) of Article (19) and paragraph 3(c) of Article (38) of
the Law shall not apply to the voluntarily covered person.
2. In cases where the voluntarily covered person elects under Article (8) of the Law an
income category exceeding his last wage in his compulsory coverage by more than 10%
or exceeding a category higher than such percentage (if the percentage falls between
two categories), the benefit payable to him for his compulsory coverage period shall be
computed on the grounds that it is an independent period, although it shall be taken
into consideration upon the determination of the kind of benefit (pension or lumpsum
compensation, as applicable) due to him for the total contribution periods.
3. If the voluntarily covered person is entitled to pension for his compulsory
contribution period, he shall be treated in accordance with the provisions of paragraph
(4) of Article (38) of the Law, without prejudice to the provisions of the preceding
paragraph (2).
4. The voluntarily covered person may not claim payment of pension by reason of
attaining sixty or more years of age unless his actual contribution period preceding the
discontinuation of his coverage is of the level that gives him the right to receive a
pension under the provisions of paragraph 1 (a) of Article (38) of the Law, with due
regard to the provisions of paragraph (5) of Article (19) of these Regulations.
ARTICLE (19)
1. For the purposes of application of the provisions of Articles (39) and (40) of the Law,
the voluntarily covered person shall be treated the same as the insured person who was
afflicted with disability or died while he had been in employment, if he had paid all the
contributions due until the end of the month preceding the month in which the
disability or death occurred, provided that payment should have actually been effected
prior to such date. Where this condition is not fulfilled, the insured person shall be
treated the same as the insured person who is afflicted with disability or dies after he
leaves the insurable employment.
2. In the application of the provisions of Article (45) of the Law, to accept his
application for early retirement prior to reaching age sixty, the voluntarily covered
person shall produce to the Organization such documents as may prove the
discontinuation of his activity or employment on which basis he has participated in the
Scheme, such as cancellation of the commercial register or sale or liquidation of the
establishment, provided that he has not been engaged in any of the activities or
employments covered by the Law.
3. If a voluntarily covered person has received early retirement pension and has,
subsequently, resumed activity or employment before age sixty, he shall be treated as
follows:
a. If he is re-engaged in any activity or employment that permits the insured person to
qualify for voluntary coverage, his pension shall be put on hold even if he has not
requested to have a voluntary coverage, in which case the pension shall remain on hold
until the date on which he leaves such activity or attains sixty years of age and
continues to be unwilling to participate in the Scheme again, whichever of the two dates
is earlier.
b. If the insured person resumes a compulsorily covered employment, he shall be
treated in accordance with the provisions of paragraph 4(a) of Article (38) of the Law.
4. If, prior to attaining age sixty, the voluntarily covered person fails to notify the
Organization of his resumption of any activity through which he may request to have
voluntary covarage or become subject to compulsory covarage, the Organization may,
as soon as it is aware thereof, suspend his pension and claim him to repay the pensions
he has unlawfully received plus the fines imposed by the Law.
5. For the purposes of application of the provisions of paragraph (3) of Article (8) and
Article (46) of the Law, the voluntarily covered person’s discontinuation of payment of
contributions shall not have effect on the lawfully prescribed times of entitlement to
benefits. Where the time of entitlement falls due and it is discovered that his total
contribution periods do not qualify him for pension, his membership shall be cancelled
and the total contributions paid by him shall be refunded to him or to his family, as
applicable.
SECTION IV
1. For the purposes of designation of the family members who are eligible for survivors
pension under the provisions of paragraph (8) of Article (2) of the Law, due regard shall
be given to the following definitions and conditions:
a. "Widow of the deceased insured person" is the wife of the deceased at the time of
his death or his divorcee by revocable divorce, if the death occurred during the waiting
period.
b. "Widower of the deceased female insured person" is the one whose insured wife died
and is suffering an earning incapacity for as long as he is incapacitated . He is deemed
to be legally incapacitated if, upon the death of his wife, he was over sixty years of age
and unemployed.
c. "Sons" are the sons of the deceased insured person who are under twenty one years
of age until they complete such age, which age limit is extendible to twenty six if they
are pursuing their studies in an educational or vocational institution, and no age limit is
set as long as they are suffering an earning incapacity by reason of chronic disease or
infirmity.
d. "Daughters" are the daughters of the deceased insured person until they marry.
e. "Grandsons and grand-daughters" are those whose father (the son of the insured
person) died during the lifetime of the insured person, subject to the same conditions
prescribed in respect of the sons and daughters, provided that they have been
supported by the insured person until the date of his death.
f. "Father" is the father of the deceased insured person who was supported by the
insured person until he died, provided that he is suffering a loss of earning capacity,
and he shall be deemed to be legally incapacitated to earn if he was over sixty and not
working at the time of the death of his son.
g. "Mother" is the mother of the deceased insured person who was supported by the
insured person until the date of his death.
h. "Grandfather" is the grandfather of the deceased insured person who was supported
by the insured person until the date of his death, provided that he is suffering a loss of
earning capacity, subject to the same conditions applicable to the father.
i. "Grandmother" is the grandmother of the insured person who was supported by the
insured person until the date of his death.
j. "Brothers and sisters" are the brothers and sisters of the insured person subject to
the same conditions provided for in respect of the sons and daughters without being
required to be orphans so long as they were supported by the insured person until the
time of his death.
2. The appropriate Medical Board shall determine the earning incapacity state for the
purposes of application of the preceding paragraphs, after reviewing the medical
reports presented by the beneficiary.
ARTICLE (21)
1. In the application of the provisions of paragraph (8) of Article (2) of the Law, the
person shall be considered as dependent on the insured person or pensioner if he
depends in meeting any of his basic elements of living expenses on the money given to
him by the insured person or pensioner. The dependency shall be invalid if the
beneficiary earns from an employment an income equivalent to or exceeding his share
of pension of the insured person or pensioner. Nevertheless, he may combine his
pension share with his employment income within the limits prescribed in paragraph (9)
of Article (38) of these Regulations.
2. The satisfaction of the dependency condition shall be evidenced by a legal deed.
ARTICLE (22)
For the purposes of application of the provisions of Article (40), and paragraph (2) of
Article (41) of the Law, the family members provided for in paragraph (8) of Article (2)
of the Law shall include the unborn child whose entitlement shall be retained by the
Organization until it is born when it shall be paid in accordance with the following:
a. If the child is born alive, his/her retained share shall be paid.
b. If more than one newborn is delivered, the retained accumulated pension amount
shall be distributed equally between them, and the survivors pension shall be re-
distributed among the eligible family members in accordance with the rules set forth in
paragraph (2) of Article (35) of the Law with effect from the beginning of the month
immediately following the date of delivery of the newborn. If the entitlement retained
by virtue of the preceding paragraph is a lumpsum compensation, it shall be distributed
equally between the newborns.
c. If the child is stillborn, the shares of the family members shall be re-distributed
equally among the remaining eligible family members in accordance with the provisions
of paragraph (2) of Article (35) or paragraph (2) of Article (41) of the Law, as
applicable.
ARTICLE (23)
Subject to the provisions of paragraphs (3) and (4) of Article (35) of the Law, due
regard shall be given to the following:
1. The pension payable to the widow, daughter, sister or granddaughter shall be
discontinued if she marries. If she is divorced or widowed thereafter, payment of her
discontinued share shall be resumed in the same amount she used to receive, if her
share has not been redistributed among any of the other eligible survivors. However, if
such share has wholly or partly been redistributed among any of the eligible survivors,
the deceased's pension shall be redistributed among all the eligible family members
who are still entitled to the pension.
2. The pension of the incapacitated son, brother or grandson shall be cancelled in case
he is no more incapacitated. However, if he is re-incapacitated, his discontinued share
shall be resumed to him in the same amount he used to receive, if it has not been
redistributed among any of the other survivors. If such share has wholly or partially
been redistributed among any of the eligible survivors, the deceased's pension shall be
redistributed among all the eligible family members who are still entitled to the pension.
3. If the daughter, sister or grand-daughter, who was married at the time of death of
the insured person, is divorced or widowed, the deceased's pension shall be
redistributed among all eligible family members who are still entitled to pension, for the
purpose of granting her the payable share.
4. If a change has occurred in the number of the family members, and such change has
affected the amount of the share received by the member whose entitlement to pension
has been reinstated, the survivors pension shall be redistributed among all eligible
family members who are still entitled to pension.
5. As an exception to the provisions of paragraph (1) of Article (20) of these
Regulations, if a family member has not been included in the family members eligible
for the insured person’s pension at the time of his death and has, thereafter, filed a
claim for payment of a pension share and presented an evidence confirming that he/she
was supported by the insured person at any time before the insured person died,
his/her share of the pension shall be paid non-retroactively, with due regard to the
provisions of Article (21) of these Regulations, provided that it is paid within the limits
of a pension surplus that has not been distributed, and that payment of the same will
not affect the pension shares of the other beneficiaries, without prejudice to the
provisions of Article (57) of the Law. This provision shall apply regardless whether the
death of the insured person has taken place before or after the effective date of the
new Law (1).
ARTICLE (24)
With due regard to the provisions of paragraph (1) of Article (15) of these Regulations,
if a family member has intentionally caused a risk to arise or committed a criminal act
against the insured person, such member shall not be entitled to any benefit, and the
benefit payable to the family members shall be computed on the grounds that the
deprived member does not exist.
ARTICLE (25)
For the purposes of application of the provisions of Article (51) of the Law, the death
grant shall fully be distributed among the eligible family members on equal basis. If
only one eligible member is available, he shall be entitled to the whole grant, and the
Governor shall determine such procedures and documents as may be required for
payment of such grant.
SECTION V
THE PAYMENT PROCEDURES AND THE REQUIRED DOCUMENTS
ARTICLE (26)
1. The Governor shall determine such documents and forms as may be required for the
payment of benefits. He may, for example, rely on the data produced by the computer
of the Organization and the relevant microfilm copies for the purposes of payment of
entitlements to the insured persons and their family members, in which case such data
and copies shall be deemed to be sufficient documents for payment.
2. The employer shall, upon termination of the service of an insured person, notify the
appropriate office of the Organization of the termination of service and the date and
reason of termination, within the first fifteen days of the month immediately following
the month of termination of his service in accordance with such format as may be
determined by the Governor.
3. The application for payment of benefits due under the Law shall be submitted by the
insured person or his family members, as applicable, to the nearest office on such form
as may be determined by the Governor, and the required documents shall be
associated therewith. The office shall contact the beneficiaries to complete any missing
and to request the help of the employer in contacting them, if necessary.
ARTICLE (27)
The Organization shall take such measures as may be necessary to ensure the
assessment and payment of the pensions and compensations within two weeks at the
most from the date of submission of the application duly completed and associated with
the required documents.
ARTICLE (28)
1. The eligible survivors of the insured person shall, in the event of their entitlement to
the survivors' pension or lumpsum compensation under the provisions of Articles (40)
and (41) of the Law, attach the following documents to the application for payment :
a. Certificate of death of the insured person or an official document acceptable to the
Organization specifying the date of death.
b. An officially certified document listing the names and ages of the beneficiaries.
c. The marriage contract of the insured person’s widow or widows, if available, or any
other official document to this effect.
d. A document, stating that the deceased insured person was, at the time of his death,
supporting the family member applying for payment, in the manner described in Article
(21) of these Regulations, and such document shall not be required in respect of the
widow, sons and daughters.
e. A document, acceptable to the Organization, indicating the regular enrollment in
educational or vocational institution of the sons, grandsons and brothers whose ages
exceed twenty one years at the commencement of entitlement or thereafter, and such
document shall be renewed annually until the completion of study or attainment of
twenty six years of age whichever is earlier, or medical reports confirming their earning
incapacity, as applicable, shall be submitted for presentation to the Medical Board for
determining the state of disability.
f. An official document evidencing that the widower, father or grandfather has attained
sixty or more years of age and is unemployed, but if he is under that age he shall
submit a medical certificate confirming his earning incapacity for presentation to the
Medical Board to determine the state of incapacitation .
g. Such other documents as the Governor may deem necessary to be attached to the
application for payment.
ARTICLE (29)
1. The pension share shall be paid to the respective beneficiary if he has attained
eighteen years of age.
2. The pension share of the minor or the incompetent person shall be paid to his
guardian or custodian designated by a legal document explicitly stating that the
guardian or custodian is authorized to receive the pension, and such document may be
submitted at any time so long as the entitlement to pension exists.
3. In case of failure to submit the document provided for in the preceding paragraph
together with the other documents required for payment, the appropriate office shall
pay the share of the minor or incompetent person to the person living with him if he is
the father, the grandfather, the mother or the most matured of his brothers, as
indicated in the documents, until a legal document designating a guardian or custodian
is submitted to the office, in which case the relevant payment shall accordingly be
made with effect from the pension of the month next to the date on which the said
document is submitted (1).
ARTICLE (30)
Without prejudice to the provisions of the preceding Article, if the applicant for payment
is a guardian, custodian or an agent of the recipient of a pension or compensation or of
his eligible family members, the applicant shall attach to the application for payment:
a. a power of attorney issued by the appropriate authority or a power of attorney
signed by two witnesses to be prepared by the proxy before the competent employee
and approved by the Office Director, and the power of attorney in both cases shall be
renewed in regular intervals to be determined by the Governor.
In exception of this provision, the legal document issued by the appropriate authority
shall be accepted in respect of payment to a female eligible family member only and
the power of attorney for overseas pension payment shall be accepted in respect of
pensions payable to Saudis only (2) .
b. or the decision appointing him as guardian, custodian or agent of an absentee, as
applicable.
ARTICLE (31)
The recipient of a pension or compensation or any of his eligible family members shall
indicate, in the application for payment, the method of payment to be chosen from
such methods as may be specified by the Organization. Likewise, the beneficiary may,
for reasons acceptable to the Organization, request that the method of payment of the
periodical benefits be changed for subsequent months, provided that the pensions or
other benefits shall be paid within the Kingdom. Nevertheless, the Governor may, in
such exceptional cases as he may determine, accept to have payment made outside the
Kingdom in accordance with the procedures and conditions to be determined by him.
ARTICLE (32)
The Organization shall notify the beneficiary of all the particulars related to the pension
or compensation due to him, the amounts withheld, if any, the net amount due for
payment, the agency through which payment will be made, and the conditions under
which such payment shall continue to be made.
ARTICLE (33)
1. Entitlement to pension shall take effect on and from the beginning of the month
immediately following the month in which the condition qualifying for entitlement
arises, and pension shall be paid in advance with effect from the said date, provided
that the regular payment of pensions shall be made within the first week of the month.
Nevertheless, by decision of the Governor, the time of payment may be made earlier, if
he deems such arrangement is suitable.
2. Entitlement to pension shall be terminated at the end of the last day of the month in
which the incident required for termination of entitlement has arised.
ARTICLE (34)
In agreement with the paying agencies, the Governor shall determine the period during
which the benefits shall continue to be payable by the said agencies and the dates on
which unpaid benefits shall be returned to the Organization. The Governor shall, by
decision, regulate the cases in which payment shall be made by the offices of the
Organization.
ARTICLE (35)
1. The pensioner or his eligible family member shall notify the appropriate office of any
change affecting his entitlement to pension, particularly if he is engaged in paid work.
If he fails to do so, or refrains from providing the office with the information it requires
or provides erroneous information, or fails to respond to the date specified by the office,
or if the office has any doubt in respect of the submitted documents, the office Director
shall have the right to suspend payment of all or part of the pension until it is
ascertained that the beneficiary is entitled to the payment. When payment to the
beneficiary shall be resumed without prejudice to the provisions of the next paragraph
and the provisions of Article (39) of these Regulations.
2. The pensioner or his eligible family members or their representative by Law or by
agreement, shall submit to the Organization on the dates determined by the Governor a
declaration signed by two witnesses on such form as may be determined by the
Governor for this purpose to prove that they still meet the conditions qualifying for the
pension or to be signed by the pensioner or his eligible family members, as applicable,
before the competent official. Payment of the pension shall be suspended in case of
failure to submit the said form on the fixed date, and it shall be resumed only after the
form is submitted so long as the conditions for entitlement to pension are still fulfilled.
Before suspending payment, the Governor may give the applicant for payment a grace
period for submitting the said declaration. The periods provided for in Article (57) of
the Law shall become applicable upon the expiry of the said grace period, with due
regard to the rules provided for in Article (40) of these Regulations.
ARTICLE (36)
SECTION VI
GENERAL PROVISIONS
ARTICLE (37)
With due regard to the provisions of Article (48) of the Law and Article (25) of the
Registration and Contribution Regulations, the age shall, for the purposes of entitlement
to benefits, be determined in accordance with the Hijrah calendar. However, if the date
of birth is indicated in Gregorian, the corresponding date in Hijrah shall be taken. In
case the day and month of birth are not specified, the date of birth shall be the first day
of the seventh month of the Hijrah or Gregorian calendar year of birth, as applicable.
ARTICLE (38)
The combination of two or more benefits payable under the Law or the combination of a
benefit with the wage shall be within the following limits and terms:
1. The insured person may combine both the benefit and the pension payable to him as
an insured person but within the limits provided for in paragraph 3(a) of Article (55) of
the Law. The total amount that is accordingly payable to him shall be the amount
distributable among his family members after his death.
2. The insured person or his eligible family members, as applicable, may combine the
lumpsum compensation payable under the Occupational Hazards Branch with the
benefits payable under the Annuities Branch. He or they may also combine the
lumpsum compensation payable under the Annuities Branch with the benefits payable
under the Occupational Hazards Branch.
3. The sons and daughters may combine their pension or benefit share payable in
respect of their father with that payable in respect of their mother.
4. The grandsons and granddaughters may combine their monthly benefit or pension
payable in respect of the insured person with that payable in respect of their father or
mother.
5. The widow may combine the benefit or pension payable in respect of herself with
that payable in respect of her husband, and the same provision shall apply to the
qualifying widower.
6. The family member who is eligible for pension shall combine the monthly pensions
with the benefits due to him if he is suffering an earning incapacity provided for in
Article (20) of these Regulations.
7. In cases other than those provided for in the preceding paragraphs, if a person
qualifies for more than one pension or a pension and benefit under the provisions of the
Law, he shall only be paid the higher between them. However, if the higher benefit or
pension is less than SR 3,000 (three thousand Saudi Riyals), he shall be paid from the
amount of the other benefit or pension such portion as may make up his total amount
to reach the said maximum.
8. The widow shall combine her benefit or pension share payable in respect of her
insured husband with her work income.
9. If any of the eligible family members, save for the widow of the insured person,
works for a wage equivalent to or exceeding his pension or benefit share, his pension or
benefit payment shall be suspended. Should the amount of pension or benefit exceed
the amount of wage, the former shall be reduced to match the latter. Nevertheless, he
may combine the two within the limit of SR 3,000 (three thousand Saudi Riyals), and if
the wage is less than the said maximum limit, he shall be granted the balance to make
up such maximum limit (1) .
10. For the purposes of application of the provisions of paragraph 3(d) of Article (55) of
the Law, each family member may combine more than one grant payable under Article
(51) of the Law in respect of more than one insured person .
11. The foregoing provisions shall not prejudice the provisions of the Occupational
Hazards Branch Benefits Regulations related to the cases and limits of combination of
the daily allowance with other benefits.
ARTICLE (39)
The Organization may in all cases recover the pensions or compensations whatsoever
received by the insured person or any of his eligible heirs in excess of the sum he is
entitled to under the Law by withholding the excess amount of other amounts which
may be due to him from the Organization. If no amount is so due, he will be claimed to
repay the same by statutory methods, with due regard to the following provisions.
1. Without prejudice to the provisions of paragraph (2) of this Article, if the excess
amount is paid in the form of a pension or any other form of payment regularly made to
the insured person or to his eligible survivors, it shall be rectified and recovered by
deducting the same from the amount accumulated for the insured person or his eligible
survivors, as applicable, or from his/their monthly entitlements by monthly installments
not exceeding 10% of the monthly payment or otherwise at a higher rate not exceeding
25% monthly as agreed by the beneficiary.
2. If the excess payment is made to an eligible survivor of the insured person for whose
entitlements are still available with the Organization, the excess amount shall be
recovered from his share without claiming the remaining survivors to repay except
within the limits redistributed to them in case of termination of his eligibility for benefit.
5. The Governor may, for justifiable reasons determined by him, disregard recovery of
excess payment in cases where there are no other amounts due from the Organization
to the insured person or his eligible survivors to which a deduction can be applied.
ARTICLE (40)
For the purposes of application of the provisions of Article (57) of the Law, claims for
transportation and lodging allowances and decedent's family grant shall not be accepted
after the expiry of one year, and claims for the remaining benefits shall not be accepted
after the expiry of five years from the date on which the entitlement to benefit arises,
unless there is an excuse acceptable to the Governor, with due regard to the following
rules:
1. The application for payment submitted by one of the beneficiaries shall interrupt the
prescribed period in respect of the remaining beneficiaries who have not applied for
payment of their entitlements.
2. The application submitted for payment of any kind of benefits shall be deemed an
application for payment of the remaining benefits due. Likewise, the application
submitted by an insured person for establishment of his non-occupational disability
shall be deemed an application for payment of entitlements due under the Law and
these Regulations.
3. If the application for payment is submitted as provided for in the preceding two
paragraphs with complete address and paying agencies shown therein, and such
application is received within the time limit prescribed in Article (57) of the Law, the
entitlement to pension shall remain valid until the beneficiary receives his first pension
from the Organization notwithstanding that the completion of documents and
information may be delayed. However, in case of an application with incomplete
documents and information, the Organization shall endeavor to contact the beneficiary
by using all available means of communication, including advertising in the information
media and approaching the employer and the beneficiaries' relatives if known to the
Organization, in which case the time limit provided for in Article (57) of the Law shall
restart on and from the date of the first letter issued by the Organization for the
completion of the required documents and information.
4. As for the regular pensions due after the payment of the first pension, the provisions
of Article (57) of the Law shall apply to each such pensions, should the beneficiary fail
to apply for payment thereof.
5. If the application for payment is submitted to the Organization as provided for earlier
after the lapse of the time limit prescribed in Article (57) of the Law, and the
Organization accepts the excuse for delay, the Organization shall pay to the beneficiary
his full entitlements due with effect from the date on which such entitlement arises.
However, if the Organization refuses his excuse, it shall pay the monthly pension with
effect from the pensionable month in which the application is submitted in addition to
the pensions payable for the past twelve months.
6. The provisions of this Article shall not prejudice the time limit prescribed for
presentation of the non-occupational disability case to the Medical Board to establish
the state of disability provided for in paragraph (2) of Article (39) of the Law. |
ARTICLE (41)
For the purposes of application of the provisions of Article (61) of the Law, the insured
person or his eligible survivors, as applicable, shall have the right to appeal to any
decision issued by any agency of the Organization in connection with entitlement to or
method of computation of benefits. The submittal and hearing of appeals shall be done
in accordance with the detailed provisions set forth in the Registration and Contribution
Regulations.
SECTION VII
TRANSITIONAL PROVISIONS
ARTICLE (42)
1. For the purposes of application of the provisions of Article (67) of the Law,
the following rules shall apply:
(a) The oldage pensions and the non-occupational disability pensions payable
to the insured person under the old Law and continue to be payable on the
effective date of the new Law shall be raised to SR 1,500 (one thousand five
hundred Saudi Riyals) if they are less than such amount, with due regard to the
provisions of paragraph (d) of Article (7) of these Regulations, as regards the
family allowance.
(b) The allowance for the need for assistance of others payable to the
recipients of non-occupational disability pension shall be reassessed on the
basis of the pension after it is raised to the minimum limit (1).
2. The pension shares of the family members payable under the old Law and
continue to be payable on the date the new Law is put into effect, shall be
revised by having their deceased breadwinner's pension amount raised to SR
1,500 (one thousand five hundred Saudi Riyals), if it is less. If, after such
raise, the share of any family member is less than SR 300 (three hundred
Saudi Riyals) per month, it shall be raised to that much, provided that the total
amount of the shares of the family members, pursuant to this provision, shall
not exceed SR 1,500 (one thousand five hundred Saudi Riyals) per month or
the average wage taken as a basis for the computation of the breadwinner's
pension, whichever is greater.
3. The provisions of the preceding two paragraphs shall apply to the Saudi
insured person and their family members as well as to the non-Saudi insured
person and their family members who receive their pensions within the
Kingdom, provided that they have permanent residence permit.
4. The provisions of the preceding paragraphs shall apply with effect from the
beginning of the month immediately following the date on which the new Law
is put into effect.
ARTICLE (43)
1. The provisions of the new Law shall apply to any new incident arises under
the new Law and affects the entitlements of insured person who have ended
their period of contribution and qualified for pension under the old Law and
the entitlements of their family members, for example where the pensioner is
re-engaged in an insurable employment, the widow, daughter, granddaughter,
or sister is divorced or widowed and the sons and brothers are past the age
qualifying for pension, with due regard to the provisions of the next
paragraphs:
2. The family members' pensions payable under the old Law and continue to
be payable on the date the new Law is put into effect shall remain subject to
the provisions of the old Law for the purposes of identifying the family
members who are eligible for pension, their pension distribution percentages,
and re-instatement of the cancelled shares of the other members. As an
exception to this provision, the Governor may include any of the new eligible
family members added under the new Law such as the widower, grandfather,
grandmother, the insured person’s grandsons and granddaughters whose father
died during the lifetime of the insured person and the divorced or widowed
daughters, sisters and other survivors provided for in the new Law, and grant
them shares of the insured person’s pension, in cases where the breadwinner's
pension has not been wholly distributed, and such shares shall be within the
undistributed balance and on the basis of the percentages provided for in the
old Law.
3. The insured person whose period of contribution has been terminated prior
to putting the new Law into effect and has not received the lawfully payable
benefit for such period and is not qualified for pension under the old Law
shall be entitled to receive a pension subject to the conditions and provisions
set forth hereunder :
3.1 The insured person who has completed a contribution period of at least
120 (one hundred twenty) months and has attained or exceeded age sixty
before or after the Law is put into effect, shall be entitled to claim payment of
a retirement pension.
3.2 The insured person who has completed a contribution period of at least
300 (three hundred) months before the Law is put into effect, may claim
payment of early retirement pension.
3.3 The female insured person who has completed a contribution period of at
least 120 (one hundred twenty) months and has attained or exceeded age fifty
five before or after the Law is put into effect may claim payment of retirement
pension.
3.4 The insured person who is engaged in arduous and unhealthy works and
has completed a contribution period of at least 120 (one hundred twenty)
months and has left employment before the Law is put into effect, may claim
payment of retirement pensions subject to the same provisions of paragraph
(3) of Article (4) of these Regulations.
3.5 If the insured person is sentenced for a term of imprisonment, his family
members may benefit from the retirement pension advantages in accordance
with the provisions of Article (5) of these Regulations notwithstanding that the
term of sentence is issued before and extends beyond the effective date of the
Law or is issued after the effective date of the Law.
3.6 The insured person who has attained age sixty or over before or after the
Law is put into effect and has completed a contribution period of 60 (sixty) or
more months but less than 120 (one hundred twenty) months, (or his family
members in the event of his death) may claim to have credit periods in
accordance with the provisions of Article (6) of these Regulations, so long as
the other lawfully prescribed conditions are satisfied.
4.1 The insured person who has received a lumpsum compensation during the
year immediately preceding the outset of the new Law as a result of his
attainment of age sixty or over or his affliction with a non-occupational
disability, shall be entitled to receive the retirement pension in the following
two cases :
In case the said insured person dies in 1421 H or 1422 H, his family members
may apply for benefiting from the provisions of this paragraph. The
Governor is authorized to specify the supporting document evidencing that
compensation has been paid in 1421 H.
4.2 To benefit from the provisions of the preceding paragraph 4.1, the insured
person or his family members shall repay the lumpsum compensation that the
insured person has already received, provided that repayment of the same shall
be made in one payment within one year from the date on which the Law is
put into effect or one year from the date of death of the insured person, as
applicable.
5.1. The pension payable in the above cases shall be computed on the basis
provided for in the old Law with the allowance for the need for help of others
and the allowance for dependants, as may be payable, added to it, without
prejudice to the provisions of paragraphs (c ) and (d) of Article (7) and
paragraph (2) of Article (42) of these Regulations.
5.2 In exception of the provisions of the preceding paragraph, the pension for
the credited period included under paragraphs (3.6) and (3.7) of this Article
shall be assessed in accordance with the provisions of paragraph (b) of Article
(7) of these Regulations.
5.3 Save for the provisions of the preceding two paragraphs (5.1) and (5.2),
the insured person and the family members, as applicable, shall be subject to
all the provisions of the new Law including the provisions pertaining to the
identification of the family members eligible for pension and their shares.
a. With effect from the date of attaining age sixty, provided that the date of
implementation of the Law has not come earlier, in respect of the pensions
payable under the provisions of paragraph (3.1) of this Article.
b. With effect from the beginning of the month immediately following the date
of application for payment, in respect of the application for early retirement
pension before attaining age sixty in accordance with the provisions of
paragraphs 3.2, 3.3 and 3.4 unless the insuredperson has already attained age
sixty in which case he shall be subject to the provisions of the preceding
paragraph (a).
c. With effect from the date of putting the Law into effect, in respect of the
pension payable under the provisions of paragraph (3.5).
d. With effect from the date of putting the Law into effect, in respect of the
pension payable in accordance with the provisions of paragraph (3.6) for
anyone who has attained age sixty or over before the Law is put into effect and
with effect from the date on which he has attained the said age for the one
who has attained it after the Law is put into effect.
e. With effect from the beginning of the month immediately following such
date as may be fixed by the Medical Board for the establishment of the
disability, or from the beginning of the month immediately following the date
of death, as applicable, in respect of the pensions payable in accordance with
the provisions of paragraph (3.7).
7. The female insured person who has not attained sixty years of age and has
no access to pension in accordance with the provisions of the preceding
paragraphs may file a claim for payment of the lumpsum compensation she is
entitled to.
9.b Sons, grandsons and brothers who have been entitled to pensions or
benefits under the old Law and payment of their entitlement has been
discontinued due to attaining age 20 or age 25 (for students), payment of their
entitlements shall be resumed until age 21 or age 26, as applicable, provided
that an undistributed pension surplus is available and paid within the limit of
the available surplus and that this will not result in payment of any amount for
a period preceding the effective date of the new Law. The provisions of this
paragraph shall exclusively apply to the sons, grandsons and brothers who are
Saudi nationals or non-Saudi nationals permanently residing in the Kingdom.
10. The provisions of paragraph 4.a of Article (38) of the new Law shall apply
to the pensioners who have resumed work insurable under the old Law and
whose payment of pension has been discontinued under the provisions of
paragraph (4) of Article (38) of the old Law and remained discontinued until
the effective date of the new Law, provided that this shall not result in
payment of any sum for a period preceding the effective date of the new Law.
OCCUPATIONAL HAZARDS BRANCH BENEFITS
REGULATIONS
SECTION I
EMPLOYMENT INJURIES
ARTICLE (1)
1. The injured person, if his condition so permits, or the one who acts on his
behalf, shall notify the employer within seven days after the injury’s
occurrence , deterioration or complication takes place or the disease is
discovered even if his case does not prevent him from continuing to perform
his duty. If the injured person fails to report the injury to the employer, he
shall not be entitled to claim the daily allowance provided for in paragraph
(1) of Article (30) of the Law. If he reports the injury after the prescribed
period, he shall not be entitled to claim the allowance for the period preceding
the notification unless failure or delay to notify is caused by justifiable reasons
acceptable to the director of the appropriate office.
2. The employer, or the one who acts on his behalf, shall notify the appropriate
office of the employment injury for which first-aid is insufficient, within three
days after he is informed of the injury or takes note of its occurrence. In the
event of his delays in reporting the injury, without an acceptable reason left to
the discretion of the office director, the Organization shall ask him to pay the
daily allowance due to the injured person for the period preceding the
notification. The receipt of a notification of injury or a copy thereof by the
office from the treatment center or a notification of occurrence of injury from
any government agency, shall be deemed as a reporting of the injury.
ARTICLE (2)
With due regard to the provisions of Article (5) of these Regulations, the
employer shall, after providing the necessary first-aid, carry the injured
person, if necessary, to the treatment center already designated for him and
entered into contract with the Organization or to the public hospitals or health
centers belonging thereto.
ARTICLE (3)
d. Treatment of illness which will result in the injured's recovery from the
employment injury as determined by the treatment body and approved by the
physician of the Office in respect of each case.
ARTICLE (4)
1. The Organization shall take the necessary measures for the treatment of and
provision of medical care to the injured person at the hospitals, medical
centers and private clinics owned by it or entered into contract with for this
purpose. If the required medical treatment is not available at such places, the
Organization shall provide it at the public hospitals or its own health centers,
according to the available facilities.
2. The Organization may agree with any private medical center or any of the
employers who have special centers for the treatment of and provision of the
necessary medical care to their injured workers regardless whether or not such
bodies have entered into contract with the Organization. The treatment
expenses shall be reimbursed to such centers as agreed under contracts
concluded between them and the Organization or for each case separately as
per the prices agreed with the treatment centers entered into contract with the
Organization. However, where no medical facilities are available at such
centers for the treatment of certain injury cases, such cases shall be referred to
the Organization's contracted medical bodies where the treatment facilities are
available.
ARTICLE (5)
2. The Organization shall have the right to transfer the injured person to the
treatment body already designated if his condition allows such transfer.
3. The Organization shall pay the expenses of the treatment of the injured
person at the treatment bodies referred to in paragraph (1) above within the
prices already specified by the treating body according to the Governor's
decision. The Governor may set out the maximum limits which shall be taken
into account in payment of the expenses of treatment of various injuries at the
said treatment bodies.
4. In exception of the provisions of paragraph (3), the Organization shall only
pay the treatment expenses payable under the said provisions within the
expenses limits prescribed by the treatment bodies owned by or entered into
contract with the Organization, in the following cases:
a. If notice is not served within the period prescribed in paragraph (1) above,
and the director of the appropriate office has not accepted the excuse for delay.
ARTICLE (6)
1. The Organization shall bear the expenses of the injured person's two-way
transportation from the workplace or his residence (as applicable) to:
c. the place where medical tests of any kind are conducted by the treatment
bodies, the Organization's doctor or the appropriate Medical Board.
2. If the appropriate Medical Board decides, on the basis of the opinion of the
treating body, that the injured person is in need of a companion, the
Organization shall bear the expenses of transportation and lodging of the
companion throughout the duration determined by the Board, notwithstanding
that the injured person may spend his period of temporary disability within
his country of residence so long as the Board has decided the necessity
therefore.
3. In exception of the provisions of paragraph (2), the expenses of
transportation and lodging of the companion throughout the period spent by
the injured person at the treatment body, shall not be payable unless the
Medical Board deems that the companion's stay is necessary.
4. If the condition of the injured person necessitates his treatment outside his
country of residence, he shall be entitled to reimbursement of expenses of
lodging for himself and his companion if he is forced to stay outside the
hospital or treating center and is established to have paid the expenses of such
lodging.
5. With due regard to the provisions of paragraphs (2) and (3), as a proviso for
payment of the transportation and lodging expenses in all cases, the
transportation and lodging shall have been based on the approval of the
appropriate authority designated by the Organization.
ARTICLE (7)
1. The injured person may, at the discretion of the Governor, be moved from
the treatment body to his home country if it is discovered that his physical
condition is hopeless and, a permanent total disability is existing and there is
a need for other's help in his movement and performance of his everyday life
activities, in which case the employer shall complete the formalities for
moving him and pay the expenses thereof. The Organization shall refund the
cost of the economy class air-ticket of each the injured person and his
companion in addition to the costs of such medical facilities as the Primary
Medical Board deems necessary for the injured person.
2. For the purposes of application of the provisions of Article (37) of the Law,
the Organization shall bear all the expenses for the transport of the body of the
insured person who dies as a result of an employment injury or the deceased
recipient of a permanent disability benefit, to his home country along with the
expenses of washing and embalming the corpse, the cost of the shroud, the
expenses of its transportation to the airport, the expenses of translation and
legalization of the required documents, the expenses of notifying the family of
the deceased, and such other expenses as the Governor may deem appropriate
to be borne by the Organization for the safe transportation of the body (1).
SECTION III
DAILY ALLOWANCE
ARTICLE (8)
3. The daily allowance shall fall due on and from the day immediately
following the date of occurrence of the injury or from the date of work
disability if it is later, without prejudice to the provisions of Article (1) of
these Regulations.
ARTICLE (9)
The injured person may not combine the daily allowance with the wage. If it
is established that he has worked for a wage, whatsoever, during the period for
which he is entitled to receive an allowance, he shall not be paid this
allowance for this period, and the Organization shall have the right to recover
what he has unlawfully received in such case, without prejudice to the
provisions of paragraph (4) of Article (8).
ARTICLE (10)
1. The daily allowance in case of an injured apprentice shall be set on the basis
of the wage on which contributions are due for such apprentice under the
provisions of the Registration and Contribution Regulations.
2. If the injured person was working for more than one employer when he
sustained the injury, his daily allowance shall be computed on the basis of his
combined wages for which contributions to the Occupational Hazards Branch
have been paid.
ARTICLE (11)
1. The amount of the daily allowance shall be assessed at the rate of 100% of
the injured person's daily contributory wage for the month preceding the
month in which the injury was sustained or for the month in which he entered
into employment if the injury was sustained in such month, and no increase in
wage granted after the injury was sustained shall be regarded for any reason
whatsoever.
ARTICLE (12)
With due regard to the provisions of paragraph (2) of Article (11), the injured
person shall be entitled to the daily allowance throughout the period he is not
at work because of the installation, maintenance or replacement of the
artificial limb or any other reason, subject to an approval by the medical
authority designated by the Organization.
ARTICLE (13)
In case his injury deteriorates or becomes complicated and this results in his
temporary work disability, the injured person shall be entitled to the daily
allowance computed on the following basis:
ARTICLE (15)
ARTICLE (16)
a. If the injured person regains his capacity for work and is completely cured
of his injury. This shall be determined by a decision of the treatment body or
the appropriate Medical Board.
b. If the Primary Medical Board decides that his treatment is completed after
his discharge from the hospital and his condition is stabilised with an inherent
permanent disability, be it total or partial.
ARTICLE (18)
ARTICLE (19)
1. The monthly benefit shall become due from the date on which payment of
daily allowance is stopped and permanent disability of the injured person is
established. In case the allowance is not due, the benefit shall become payable
on and from the first day of the month immediately following the date on
which the injured person's condition is finally stabilized with a permanent
disability established to be afflicted with by the injured person. Payment shall
be made in advance with effect from either of the said two dates, as applicable.
ARTICLE (20)
2. The said assistance allowance shall become payable on and from the first
day on which the disability benefit becomes due, unless the entitlement to the
allowance is decided at a later date, in which case it becomes payable on and
from the first day of the month following that in which the Medical Board
decides the entitlement thereto.
5. If the recipient of the benefit appeals against the decision of the Primary
Medical Board which rejects or suspends payment of the allowance and the
Appeal Medical Board decides that the allowance is due or continues to be
payable, the allowance shall be paid retroactively from the date on which it
becomes already due, if not already paid.
6. The assistance allowance shall become final if the need of the assistance of
others continues to exist until the completion of ten years from the date of
entitlement to benefit.
ARTICLE (21)
In the application of the provisions of paragraph (2) of Article (34) of the Law,
if as a result of the medical re-examination of a recipient of a permanent
disability benefit, the disability percentage is amended, due regard shall be
given to the following :
ARTICLE (22)
ARTICLE (23)
The benefits of the family members of the insured person shall become due in
accordance with the provisions of Article (35) of the Law in the following
cases :
d. If the injured person dies before his condition is stabilized as a result of the
injury.
ARTICLE (24)
1. In case of an appeal against the assessment of a disability at the rate of 50%
or more, the permanent disability benefit shall be paid in accordance with a
decision by the Primary Medical Board pending a decision to be made by the
Appeal Medical Board and communicated to the appropriate office. If the
Appeal Medical Board decides to raise the amount of the benefit, the raise
shall be paid retroactively with effect from the date on which the benefit
becomes due, but if it decides to reduce the amount of benefit, the reduction
shall take effect from the beginning of the month immediately following the
date of issue of the Board's decision with no retroactive effect.
ARTICLE (25)
The entitlement of the insured person or family members to the benefit shall
be terminated on any of the following dates, as applicable:
1. At the end of the last day of the month in which the appropriate Medical
Board decides the termination of the disability state, with due regard to the
provisions of paragraph (1) of Article (24) of these Regulations.
2. At the end of the last day of the month in which the beneficiary dies.
3. At the end of the last day of the month in which any of the other
requirements of termination of entitlement to benefit arises.
ARTICLE (26)
ARTICLE (27)
ARTICLE (28)
ARTICLE (29)
GENERAL PROVISIONS
ARTICLE (30)
ARTICLE (31)
a. The crews of the Saudi aircrafts: They shall continue to be insured under the
Occupational Hazards Branch while on board or on their way from the airport
to their place of residence or vice versa in the countries to which such aircrafts
fly outside the Kingdom. If any of the crew members is injured during that
time, the employer shall arrange for his medical treatment in the country in
which the injury is sustained, if necessary. The Organization shall refund him
the treatment expenses in accordance with the prices agreed with the treatment
bodies contracted with the Organization in the Kingdom and within the limits
determined by the Medical Board as to the requirements and duration of
treatment. Should the injured person continue to be in need of the treatment
after his return to the Kingdom, the employer shall move him to the medical
center previously designated by the Organization for the treatment of his
workers. The Organization shall pay the treatment expenses and daily
allowances due as provided earlier.
b. The crews of the Saudi land and sea means of transportation : They shall
continue to be insured under the Occupational Hazards Branch during the
international trips outside the Kingdom in accordance with such controls as
may be set by the Governor.
ARTICLE (32)
ARTICLE (33)
ARTICLE (34)
ARTICLE (35)
ARTICLE (36)
ARTICLE (37)
The Governor may, for reasons of his own judgment, forego the recovery of
the treatment expenses and injury allowances paid by the Organization, if it is
established, after payment thereof, that the case is not an employment injury.
ARTICLE (38)
In the application of the provisions of Article (57) of the Law, due regard shall
be given to the following:
2. If the appropriate office is duly notified of the injury, or the claim for
payment or the like is submitted within the time-limit provided for in the
preceding paragraph or the treatment of the injured person is effected by or
under the supervision or with the knowledge of the Organization, the right for
any of the benefits referred to in the preceding paragraph shall remain valid.
3. For the purposes of the application of the provisions of the two preceding
paragraphs, the details of the provisions set out in Article (40) of the Annuities
Branch Benefis Regulations pertaining to the application of the provisions of
Article (57) of the Law shall be followed.
SECTION VII
TRANSITIONAL PROVISIONS
ARTICLE (39)
ARTICLE (40)
SECTION I
ARTICLE (1)
ARTICLE (2)
1. The Appeal Medical Board shall meet at the Head Office of the
Organization, and may, if necessary, meet in such other place as may be
approved by the Governor.
2. The Primary Medical Board shall meet at the appropriate office and may, if
necessary, meet in such other place as may be approved by the concerned
Director.
3. The Primary Medical Board shall meet at least once a month so long as
cases are available to be presented thereto.
4. The concerned Director shall fix the times of the Board meetings by
coordination with the physicians who are Board members.
ARTICLE (3)
1. If a member of the Appeal Medical Board fails to attend the Board meeting
for any reason, and his absence has caused the number of the Board members
to be less than three physicians, the Governor shall proxy another physician to
replace him during his absence, provided that he shall not be from among
members of the Board which has issued the decision appealed against.
2. If a member of the Primary Medical Board fails to attend the Board meeting
for any reason, and his absence caused the number of the Board members to
be less than two physicians, the concerned Director shall proxy another
physician to replace him during his absence.
SECTION II
MEDICAL BOARD WORK RULES AND PROCEDURES
ARTICLE (4)
ARTICLE (5)
1. The Medical Board itself shall examine the insured person or beneficiary
or delegate one of the Board members or the one the Board authorizes to
do so and submit thereto a report, if the Board or Office physician is of the
opinion that the physical condition of the insured person or beneficiary
does not enable him to appear before the Board.
a. If the case is appealed against to the Appeal Medical Board, the insured
person has left the Kingdom and the Board is satisfied with the adequacy
of the report submitted in respect of this case.
b. In case the medical reports required by the Medical Boards for the
establishment of the state of disability are submitted after the insured
person’s departure from the Kingdom as supplementary to previous
medical examination by the Medical Board.
c. If the insured person, who is afflicted with a non-occupational disability,
is only entitled to a lumpsum compensation.
f. Such other cases as the Governor may permit the Board to be satisfied
with the medical reports without the requirement of the insured person to
appear before the Board.
4. In all cases referred to in sub-paragraphs (a), (b), (c), (d) and (e) of
paragraph (3), the Governor may require to have the insured person or
beneficiary subjected to medical examination under the supervision of the
Organization, if he deems such action to be necessary in any of the cases.
ARTICLE (6)
2. The Medical Board may call for the advice of a specialized medical
consultant, and the Secretary to the Board shall record the advice of such
consultant or attach his relevant report, if any. If the Board is not of the
opinion to adopt the consultant's advice, it should mention in detail the
reasons therefore, and the secretary shall record such reasons.
4. The Medical Board may request making any laboratory tests or any
other tests if the insured person’s condition necessitates such tests in the
opinion of the Board.
5. a. The Organization shall bear the costs of the medical reports and
examinations made within the Kingdom so long as they are made upon the
request of the Medical Board.
b. The Organization shall not bear the costs of the medical reports and
examinations made outside the Kingdom except in such cases as may be
approved by the Governor.
ARTICLE (7)
1. without prejudice to the provisions of paragraph (2) of Article (39) of the
Law, the insured person’s non-occupational disability shall be established if
the conditions for establishment of disability in its insurance meaning
provided for in paragraph (6) of the said Article are met. The Medical
Board shall determine the starting date of disability to take effect on and
from the date of satisfaction of all statutory and medical conditions such
as the termination of the insurable employment of the insured person or
the reduction of his wage to less than one third.
2. The Primary Medical Board shall not determine the state of permanent
disability of the injured person as long as he is hospitalized for treatment.
It shall determine the state of permanent disability, if any, after the
required treatment is completed and the condition is stabilized and he is
discharged from the treating center.
ARTICLE (8)
The Medical Board may issue its decision on the establishment of the state
of non-occupational disability even after the insured person attains sixty
years of age in the following two cases:
1. If the case had been presented to the Board before the insured person
attained age sixty and the procedures had taken some time until he
reached such age.
2. If the case had been presented to the Board for the first time on the
date the insured person attained age sixty or thereafter and the Board had
been certain that the disability state was established before the insured
person reached such age.
ARTICLE (9)
ARTICLE (13)
The physicians who are members of the Medical Boards other than
the GOSI physicians, or those who are called by the Board for
consultation, shall, in consideration of their work with such
Boards, be paid fees to be determined by the Governor in
accordance with such standards as may be deemed appropriate by
the Governor.
ARTICLE (14)
ARTICLE (16) The Governor shall secure the work environment and
requirements to the Medical Board to perform its function. He shall also
select a Secretary to the Board who shall be adequately aware of the
provisions of the Law and Regulations thereof and of the work procedures.
The Governor shall also prescribe the authorities and duties of the Secretary.
ARTICLE (17) Each Medical Board shall keep the records required for
entering the cases presented thereto showing, in particular, the date of referral,
the date of review, and the relevant Board's decision, and the date of referral
of such decision to the concerned Director.
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