Law
No. (21) of 2008
Concerning
Pensions
and Social Insurance of
Local
Paramilitary Personnel of the Government of Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (2) of 2008 Concerning
Human Resources Management of Local Paramilitary Personnel of the Government of
Dubai;
Decree No. (3) of 2007
Determining Salaries and Benefits of Local Paramilitary Personnel of the
Government of Dubai;
Resolution No. (3) of 2008
Determining the Departments Governed by Law No. (2) of 2008 Concerning Human
Resources Management of Local Paramilitary Personnel of the Government of
Dubai;
Resolution No. (4) of 2008
Forming the Dubai Paramilitary Human Resources Committee;
Executive Council Resolution
No. (4) of 2007 Concerning Local Paramilitary Personnel of the Government of
Dubai; and
Executive Council Resolution
No. (25) of 2006 Establishing the Division of Pensions and Social Insurance of
Local Paramilitary Personnel of the Government of Dubai,
Do
hereby issue this Law.
This Law will be cited as “Law No. (21) of 2008 Concerning
Pensions and Social Insurance of Local Paramilitary Personnel of the Government
of Dubai”.
The following words and expressions, wherever mentioned in
this Law, will have the meaning indicated opposite each of them unless the
context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
Chief: |
The Chief of Police and General
Security. |
|
DOF: |
The Department of Finance of the
Government of Dubai. |
|
Division: |
The Division of Pensions and Social
Insurance of Local Paramilitary Personnel of the Government of Dubai
established within the DOF. |
|
Fund: |
The Fund for Pensions and Social
Insurance of Paramilitaries. |
|
Department: |
Any of the departments that are governed
by Law No. (2) of 2008 Concerning Human Resources Management of Local
Paramilitary Personnel of the Government of Dubai and that are stated in
Resolution No. (3) of 2008 Determining the Departments Governed by Law No.
(2) of 2008 Concerning Human Resources Management of Local Paramilitary
Personnel of the Government of Dubai. |
|
Director General: |
The director general of a Department or
any other officer holding a similar position. |
|
UAE National: |
Any person holding the UAE nationality. |
|
Paramilitary: |
Any of the regular Officers,
Non-commissioned Officers, or Constables serving in a Department. |
|
Staff Member: |
A male or female UAE-national
Paramilitary who is serving in a Department and holding a paramilitary or
semi-military rank. |
|
Pension: |
An amount payable on a monthly basis to
a Pensioner or his Beneficiaries pursuant to this Law. |
|
Pensioner: |
A Staff Member whose service has ended,
and who is entitled to a Pension pursuant to this Law. |
|
Beneficiary: |
Any person who becomes entitled to a
Pension Share pursuant to this Law upon the death of a Pensioner. |
|
Pension Share: |
An amount payable on a monthly basis to
a Beneficiary pursuant to this Law. |
|
Pensionable/ Gratuitable Service Period:
|
The period of service determined by this
Law in respect of which a Pension and/ or gratuity is payable. |
|
Minimum Pensionable Service Period: |
A period of twenty (20) years of
service, including the actual period of service, and the Previous Creditable
Service Periods and Additional Creditable Service Periods that may be included
in the calculation of the same pursuant to this Law. |
|
Maximum Pensionable Service Period: |
A period of thirty-five (35) years of
service, including the actual period of service, and the Previous Creditable
Service Periods and Additional Creditable Service Periods that may be
included in the calculation of the same pursuant to this Law. |
|
Additional Creditable Service Periods: |
Nominal service periods that are included
in the calculation of a Pensionable/ Gratuitable Service Period by a
resolution of the Chief. |
|
Previous Creditable Service Periods: |
Actual previous military, paramilitary,
or civil service periods that may be added to a current service period
pursuant to this Law. |
|
Pensionable Salary: |
Ninety percent (90%) of the last Basic
Salary of a Staff Member plus any general allowance, security allowance, or
investigation allowance, as the case may be, to which a Staff Member is
entitled. |
|
Retirement/ End-of-service Gratuity
Eligible Salary: |
The last Basic Salary of a Staff Member.
|
|
Domestic Security Operation: |
An operation that involves performing
internal security duties or rescue and fire-fighting duties on land, on sea,
or in the air. This includes administrative and law enforcement duties, and officially
assigned duties performed outside the territory of the UAE. |
|
Martyr: |
A Staff Member who dies in the course,
or as a result, of performing a Domestic Security Operation. A Staff Member
will be deemed a Martyr if he dies: 1.
while
engaging in armed combat with outlaws, criminals, wanted persons,
traffickers, or infiltrators; 2.
while
on a mission to maintain security and safety; 3.
while
performing fire-fighting and rescue operations; 4.
while
engaging in live ammunition training or exercises; 5.
in
an accident involving an aircraft, ship, boat, or other vehicle, that occurs
as a result of security training or exercises; 6.
in
an air landing or diving accident; or 7.
in
a mines or explosives accident |
|
Missing Person: |
A Staff Member who is neither officially
confirmed as dead nor confirmed to be alive pursuant to a court judgement. |
|
Medical Committee: |
A committee formed pursuant to a
resolution of a Director General, or formed in coordination with an official
medical entity accredited in the Emirate. |
|
Occupational Injury: |
An injury suffered by a Staff Member in
an accident that occurs in the course or as a result of performing his duty,
or the suffering of an Occupational Disease or death by reason of occupational
exhaustion or fatigue, as evidenced by a report issued by a Medical
Committee. Occupational Injury is deemed to include any injury suffered in an
accident that occurs during field training or exercises; mobilisation; or
while commuting to or from work, provided that this commuting does not
involve stops, delays, or deviation from the normal route to work. |
|
Occupational Disease: |
A disease that is common exclusively among
persons engaged in particular profession(s). The percentage of disability caused
by an Occupational Disease will be assessed by the relevant Medical
Committee. |
|
Total Disability: |
Any injury that may permanently cause a
total loss, or a partial loss that constitutes at least fifty percent (50%),
of a Staff Member’s ability to engage in any occupation and earn a living. This
injury must have resulted from service, as evidenced by a report from a
Medical Committee. |
|
Partial Disability: |
Any injury that may permanently cause a
partial loss that constitutes less than fifty percent (50%) of a Staff
Member’s ability to engage in any occupation and earn a living. This injury
must have resulted from service, as evidenced by a report from a Medical Committee. |
Unless the context implies otherwise, this Law
will apply to all Staff Members governed by Law No. (2) of 2008 Concerning
Human Resources Management of Local Paramilitary Personnel of the Government of
Dubai.
1. A fund named the “Fund for
Pensions and Social Insurance of
Paramilitaries” is hereby established within the DOF. The financial resources
of the Fund will consist of:
a.
the
monthly contributions stipulated in Article (7) of this Law;
b.
the
amounts collected from Staff Members for crediting their previous service
periods;
c.
the
monthly financial support allocated by the Government to the Fund, which is
equal to double the contributions stipulated in Article (7) of this Law;
d.
returns
on the investment of the Fund’s property;
e.
any
amounts payable to the Fund pursuant to this Law; and
f.
the
donations, gifts, and grants provided to the Fund.
2. The director of the Division will manage and
supervise the Fund.
All financial resources of the Fund will be deposited in
its account, out of which all amounts payable pursuant to this Law will be
settled.
The DOF will take the necessary action to collect, manage,
and invest the financial resources of the Fund, and to use these resources for
the payment of Pensions, gratuities, and any other financial obligations
prescribed pursuant to this Law.
Without prejudice to the provisions of this Law, five (5)
percent of the Pensionable Salary of a Staff Member will be deducted monthly. The
deduction of contributions will commence as of the date of joining service and
will continue until the date of end of service.
Departments must pay the monthly contributions deducted
from the salaries of Staff Members to the Fund no later than the tenth (10th)
day of the month following the month in which these contributions become due.
For the purpose of planning the Fund’s liabilities, the DOF
will, in coordination with the Dubai Paramilitary Human Resources Committee,
approve the annual retirement plans submitted by Departments by no later than
the end of the third (3rd)
quarter of each financial year.
1. The following will be
included in calculating the Pensionable/ Gratuitable Service Period:
a.
periods
of secondment, assignment of the duties of other posts, scholarship,
specialised training courses, and leave; and
b.
Additional
Creditable Service Periods, which are deemed as part of the actual service
periods. The deduction percentage stipulated in Article (7) of this Law will
not apply in respect of these periods.
2. Subject to the provisions of
paragraph (1) of this Article, the following will not be included in
calculating the Pensionable/ Gratuitable Service Period:
a.
periods
of study spent by a Cadet in any accredited police or academic institute or
college or any other educational institution, including pilot training institutes
within or outside of the UAE;
b.
periods
of scholarship spent by a Staff Member to obtain a bachelor's degree or a
diploma from a college;
c.
periods
of unpaid leave; and
d.
periods
of absence, suspension from service, or failure to report for duty, unless the
Staff Member is cleared of the relevant offence attributed to him.
Subject to the provisions of this Law, a Staff Member will,
at the end of his service, be entitled to a Pension and/ or gratuity. The
Pension will be paid to him during his lifetime, then to his Beneficiaries upon
his death. The gratuity will be paid to the Staff Member, or to his
Beneficiaries if it has not been paid to him during his lifetime.
A Staff Member will be entitled to a Pension if he
completes a Pensionable Service Period of at least twenty (20) years, provided
that his employer agrees to the termination of his service.
A Staff Member will be eligible for retirement upon reaching
sixty (60) years of age and completing the Minimum Pensionable Service Period.
1. Pension will be calculated at
seventy percent (70%) of the last Pensionable Salary where a Staff Member
completes a Pensionable Service Period of twenty (20) years. This percentage
will be increased by two percent (2%) for every year in excess of this period,
provided that the percentage does not exceed one hundred percent (100%) of the
Pensionable Salary where the period of service of the Staff Member reaches or
exceeds thirty-five (35) years.
2. A Pension may not be less
than ten thousand Dirhams (AED 10,000.00).
3. The security allowance or the
investigation allowance may be included in the Pensionable Salary only if the
Staff Member has been entitled to this allowance for a minimum of the last five
(5) consecutive years of the Pensionable Service Period.
4. Where the period of service
of the Staff Member exceeds thirty-five (35) years, he will be awarded a
retirement gratuity of a two-month salary for every year of service based on
the Pensionable Salary.
Without prejudice to the provisions of Article (47) of this
Law, a Staff Member will become entitled to a Pension as of the day following
the date of end of his service. The Pension will be discontinued upon the death
of the Staff Member unless he has Beneficiaries, in which case the right to the
Pension will be transferred to them. The Beneficiaries will be entitled to the
Pension Shares as of the first day of the month following the date of the
Pensioner's death.
1. Where the service of a Staff
Member ends as a result of his martyrdom, his Pension will be calculated based
on the salary of the highest point of the next rank higher than his rank, and
based on the assumption that he has completed a service period of thirty-five
(35) years.
2. The provisions of the
preceding paragraph will apply to Staff Members whose service is terminated
upon the recommendation of a Medical Committee on grounds of medical unfitness
caused by a Total Disability suffered as a result of being assigned to perform,
and engaging in, a Domestic Security Operation.
Where a Staff Member suffers an Occupational Injury that
causes his death or causes him to sustain a Partial Disability that leads to
the termination of his service on grounds of medical unfitness upon the
recommendation of a Medical Committee, his Pension will be calculated based on
the assumption that he has completed a service period of twenty-five (25)
years. Where his actual service period is more than twenty-five (25) years, the
Pension will be calculated based on the actual service period.
Where a Staff Member dies while in service or where the
Medical Committee recommends the termination of his service on grounds of
medical unfitness before he completes the Minimum Pensionable Service Period,
his Pension will be calculated based on the assumption that he has completed a
service period of twenty (20) years. Where his actual service period is more
than twenty (20) years, the Pension will be calculated based on this actual
service period.
1. The Beneficiaries of a Missing
Person who has gone missing in a Domestic Security Operation, or while in
service or as a result thereof, will be paid a temporary monthly Pension equal
to the Pension to which they would have been entitled had the Missing Person
died a Martyr, or died while in service or as a result thereof, as the case may
be.
2. A Missing Person who has gone
missing during a Domestic Security
Operation will be declared a Martyr two (2) years after going missing, in which
case, the Director General will, within thirty (30) days, issue a resolution
declaring that person a Martyr and awarding Pension to his Beneficiaries. A
Missing Person who has gone missing while in service or as a result thereof
will be considered to have died two (2) years after going missing.
3. Where it is established that
a Missing Person is alive, the payment of Pension Shares to his Beneficiaries
will be discontinued and his case will be decided based on the relevant
investigation findings. Where it is established that the absence of a Missing Person
is not justifiable, the Division will have the right of recourse against him to
recover the Pension payments that have already been disbursed. Where it is
established that his absence is justifiable, the amounts paid to his
Beneficiaries will be set off against his entitlements, and if his entitlements
exceed the amounts paid to the Beneficiaries, the balance will be paid to him.
Upon the death of a Staff Member, the right to his Pension
will be transferred to the Beneficiaries mentioned in Schedule (1) attached
hereto.
A Pension Share of a Beneficiary of an Officer may not be
less than two thousand Dirhams (AED 2,000.00) monthly. A Pension Share of a
Beneficiary of a Non-commissioned Officer or a Constable may not be less than
one thousand and five hundred Dirhams (AED 1,500.00) monthly.
Where the widow of a Pensioner dies or remarries, her
Pension Share will be equally redistributed to other Beneficiaries from among
their children. Where no such Beneficiaries exist, her Pension Share will
revert to the Fund.
1. Where a Pensioner's son dies
during the lifetime of his father and the son’s children are not entitled to a
pension as beneficiaries of their father, the Pension Share of their father
will be transferred to them as if he were alive.
2. Where a Pensioner's son dies
after becoming entitled to a Pension Share as a Beneficiary of his father, the
Pension Share of the Pensioner’s son will be transferred to his children.
3. The above-mentioned two (2)
cases will be governed by the provisions related to the suspension or discontinuance
of Pension Share payment to eligible children.
Siblings will be entitled to shares in the Pension of a
deceased Pensioner if they depended on him for livelihood, as evidenced by a
certificate issued by the competent entity in the UAE. The entitlement of
siblings to Pension Shares will be subject to the conditions stipulated in this
Law.
A Pension Share of a son or brother will be discontinued
upon his employment or when he reaches twenty-one (21) years of age, whichever comes
first. However, the payment of a Pension Share to a son or brother who reaches
twenty-one (21) years of age will continue in the following cases and subject
to the following conditions:
a.
where
he becomes incapable of earning a living, as evidenced by a report of a Medical
Committee. Such incapability must be verified once a year unless the Medical
Committee states that it is permanent; and
b.
where
he is a student, in which case he will be paid the Pension Share until he
becomes employed, engages in an occupation, or reaches twenty-four (24) years
of age, whichever comes first. A student who reaches twenty-four (24) years of
age during an academic year will be entitled to a Pension Share until the end
of that academic year.
Without prejudice to Article (31) of this Law, the payment
of a Pension Share to a widow, daughter, or sister will be discontinued if she
is married or employed. The payment of the Pension Share to the sister or
daughter will be resumed if she is divorced or widowed.
Without prejudice to Article (20) of this Law, a
discontinued Pension Share of any of the Pensioner’s children will be
redistributed to other eligible children. Where the reason for discontinuance
of the Pension Share ceases to exist, the Pension Share of each of these
children will be reduced by the amount added to this share by reason of such
discontinuance.
Where, after the death of a Pensioner, his daughter,
sister, or mother is widowed or divorced; or his son or brother becomes
incapable of earning a living, he/ she will be entitled to a Pension Share
equal to the share to which he/ she would have been entitled at the date of
death of the Pensioner. Where a Pension Share of any of these persons is
discontinued, it will be redistributed to other Beneficiaries.
1. A father would be entitled to
a share in his deceased son's Pension if that father depended on the son for
livelihood, as evidenced by a certificate issued by the competent entity in the
UAE.
2. A Pension Share of the mother
of a deceased Pensioner may not exceed fifty percent (50%) of the total Pension
Shares of both parents if the father is alive. If the father dies, his Pension
Share will be transferred to the mother.
A mother will not be entitled to a Pension
Share if she is married to other than the father of the deceased Pensioner.
However, if she is divorced or widowed, she will become entitled again to the
Pension Share, provided that she is not entitled to a share in the pension of
her deceased husband.
1. A Pensioner may be entitled
to both a Pension and a gratuity, or to both a Pension and a salary received on
a monthly basis from the Federal Government; from the government of another
member emirate of the UAE Union; or from a company, establishment, agency, or
bank in which the Federal Government or the government of that other emirate
holds shares.
2. A Pensioner may be entitled
to multiple pensions from the entities referred to in the preceding paragraph.
A Beneficiary may be entitled to both a Pension Share and a
salary, gratuity, or pension only in the following cases:
1. where the entitlement has
commenced prior to the effective date of this Law; or
2. where the sum of the Pension
Shares or of the Pension Share and the salary or gratuity payable to the
Beneficiary does not exceed fifteen thousand Dirhams (AED 15,000.00) per month,
otherwise the Pension Share will be reduced accordingly.
1. Without prejudice to the
provisions applicable to the periods of service completed prior to the
effective date of this Law, a Staff Member who is not eligible for a Pension
upon the end of his service will be paid an end-of-service gratuity as follows:
a. one-month
salary per year for the first five (5) years of service;
b. two-month
salary per year for the following five (5) years of service; and
c.
three-month salary per year for years in excess of
the above-mentioned periods.
2. A Staff Member will not be
entitled to an end-of-service gratuity if his period of service with a
Department is less than one (1) year.
3. The end-of-service gratuity
stipulated in paragraph (1) of this Article will be calculated based on the
last monthly Basic Salary to which the Staff Member was entitled upon the end
of his service.
4. A month means a calendar month, and a part of
a month will be rounded up to a full month.
Without prejudice to the provisions of Articles (15), (16),
and (17) of this Law, where the service of a Staff Member ends prior to
completing the Pensionable/ Gratuitable Service Period, the Pension
contributions deducted from his salary will be refunded to him.
Where a Staff Member becomes entitled to an end-of-service
gratuity or retirement gratuity but dies before receiving it, it will be
distributed to his heirs as per the Islamic Sharia inheritance provisions.
1. Neither a Pensioner or a
Staff Member who is entitled to a gratuity, nor his Beneficiaries, may claim
the Pension or gratuity after the lapse of five (5) years from the entitlement
date or from the date of last Pension payment.
2. The limitation period
stipulated in the preceding paragraph will not apply where the Pensioner or the
Staff Member who is entitled to the gratuity, or his Beneficiaries, are
prevented by any impediment from claiming their right.
3. Unclaimed amounts will revert
to the Fund upon the lapse of the limitation period stipulated in paragraph (1)
of this Article.
1. A Staff Member will forfeit
all rights and benefits granted to him under this Law in any of the following
cases:
a.
revocation
or withdrawal of his UAE nationality;
b.
if
he is convicted, by a final judgement, of a crime that compromises the internal
or external state security, or of a terrorist or human trafficking crime;
c.
if
he is convicted, by a final judgement, of embezzlement or misappropriation of
public funds, bribery, drug trafficking, or drug possession with intent to
sell;
d.
if
his service is terminated due to desertion for a period exceeding ninety (90)
consecutive days;
e.
if
his service is terminated because he has joined the service through fraud or
through providing false or forged information;
f.
if
he joins the service of a foreign state without a permission from the competent
authorities;
g.
if
he is stripped of rank and dismissed from service; or
h.
if
he is dismissed from service.
2. In all the above cases, upon
the death of the Staff Member, his Beneficiaries will be entitled to
three-quarters of the Pension or gratuity, which will be distributed to them in
accordance with the provisions of this Law.
The following previous service periods will be
included in calculating the Pensionable/ Gratuitable Service Period:
1. periods of military,
semi-military, or civil service in any federal or local government entity;
2. periods of service in any
agency, company, establishment, or bank in which the Federal Government or the
government of another member emirate of the UAE Union holds no less than
fifty-one percent (51%) of shares.
Crediting a service period referred to in the
preceding Article will be subject to the following conditions:
1. A Staff Member must submit a
written application for crediting the service period before the end of his
current service. The application must be accompanied by supporting certificates
and documents.
2. The service period to be
credited must not have been terminated due to any of the reasons for forfeiture
of Pension or gratuity stipulated in Article (36) of this Law or in any other
legislation in force in the UAE.
3. The applicant must pay the
contribution percentage stipulated in Article (7) of this Law unless he has
already paid the same to his previous employer. This percentage will be
calculated based on the Pensionable Salary of the applicant at the time of
submission of his application.
4. Any gratuity paid to the
applicant in respect of the previous service period must be repaid.
5. Except in cases of death or
medical unfitness, the current service of the applicant must not end before the
lapse of ten (10) years of service, otherwise the amounts deducted for
crediting the previous service period will be repaid to him and his
entitlements will be calculated based on the current service period only.
6. The applicant must have held
the UAE nationality at the end of the previous service to be credited.
Without prejudice to the provisions of paragraph (6) of
Article (38) of this Law, where a Paramilitary acquires the UAE nationality
during his service with a Department, he will be governed by this Law and the
period of his service with the Department, or with any of the entities referred
to in Article (37) of this Law, which is completed before the acquisition of
the UAE nationality will be included in calculating his Pension or gratuity.
This rule will apply on condition that the Paramilitary pays, in respect of the years
of this previous service, fifteen percent (15%) of the Pensionable Salary to
which he was entitled on the date of acquiring the UAE nationality or on the
effective date of this Law, whichever is higher. The provisions of this Article
will apply to all cases predating the issuance of this Law.
Where a Paramilitary has been issued, during his service
with a Department, with an initial approval by the Ruler to be granted the UAE
nationality and has been issued with a passport, the period of his service with
the Department, or with any of the entities stipulated in Article (37) of this
Law, which is completed before he was granted this approval will be included in
calculating his Pension or gratuity. This rule will apply on condition that the
Paramilitary pays, in respect of the years of this previous service, five
percent (5%) of the Basic Salary to which he was entitled on the date of
issuing the initial approval or on the effective date of this Law, whichever is
higher. The end-of-service gratuity will be calculated in accordance with the
provisions of Article (49) of this Law. Upon acquiring the UAE nationality, the
Paramilitary will be governed by this Law and his entitlements will be
calculated in accordance with the provisions of Article (39) of this Law.
1. Except where a Staff Member
requests to repay the total amount of gratuity in a single payment, an amount
owed to the Fund pursuant to this Law will be repaid by making a first payment
of twenty-five percent (25%) of the amount, and payment of the balance in no
more than seventy-two (72) monthly instalments, or in instalments of
twenty-five percent (25%) of the Basic Salary each, whichever is higher. Where
the Staff Member’s service ends before the full payment of all instalments, the
outstanding amount will be deducted from his Pension or retirement gratuity, as
the case may be.
2. Where a Staff Member’s
service ends upon his Martyrdom or upon his death due to an Occupational
Injury, or where his service is terminated for medical unfitness as a result of
a Total Disability or Partial Disability caused by an Occupational Injury, the
obligation to repay the outstanding instalments payable by him will be
extinguished, otherwise the outstanding balance will be deducted from his
Pension or from the Pension Shares of his Beneficiaries in proportion to their
respective shares.
3. Upon the recommendation of
the Director General, the director of the Division may, in special cases he
determines at his sole discretion, exempt a Staff Member from the obligation to
pay the percentage stipulated in paragraph (1) of this Article or any part
thereof, provided that the outstanding balance is paid in no more than
seventy-two (72) monthly instalments, or in instalments of twenty-five percent
(25%) of the Basic Salary each, whichever is higher.
1. Where a Staff Member dies a
Martyr, his dependants will be entitled to a compensation amount of two hundred
and fifty thousand Dirhams (AED 250,000.00); and where he dies due to an
Occupational Injury, his dependants will be entitled to a compensation amount
of two hundred thousand Dirhams (AED 200,000.00). Where a Staff Member dies
while in service, his dependants will be entitled to a compensation amount of
one hundred thousand Dirhams (AED 100,000.00).
2. The compensation stipulated
in paragraph (1) of this Article will be paid in full to the dependant. In case
of multiple dependants, the compensation amount will be equally distributed
among them. Where a Staff Member has no dependants, the compensation amount
will be distributed to his heirs in accordance with the Islamic Sharia
inheritance provisions.
3. Where a Staff Member suffers
a Total Disability due to engaging in Domestic Security Operations, he will be
paid a compensation amount of two hundred and fifty thousand Dirhams (AED
250,000.00); and where he suffers a Total Disability caused by an Occupational
Injury, he will be paid a compensation amount of two hundred thousand Dirhams
(AED 200,000.00).
4. Where a Staff Member suffers
a Partial Disability due to engaging in a Domestic Security Operation or as a
result of an Occupational Injury, he will be paid a compensation amount to be
calculated by multiplying the percentage of his disability by the amount of the
compensation referred to in paragraph (3) of this Article.
5. After the condition of a
Staff Member stabilises, the disability percentage referred to in paragraph (4)
of this Article will be determined by a final decision issued by a Medical
Committee as per Schedule (2) attached hereto. Where a disability is not
mentioned in Schedule (2), the disability percentage will be determined based
on the extent of the Staff Member's inability to earn a living. This percentage
must be stated in a report issued by the Medical Committee.
A Staff Member will forfeit the compensation
stipulated in Article (42) of this Law in any of the following two cases:
1. where the Staff Member’s
injury is intentionally self-inflected or where he commits suicide; or
2. where the Staff Member
sustains an injury as a result of an intentional obscene act committed by him,
including any act committed under the influence of intoxicants, narcotics, or
psychotropic substances.
Upon the death of a Pensioner, the Division will pay his
Pension for the month of death and the three (3) subsequent months in a single
payment to the person nominated by the Pensioner before his death. Where no
person is nominated by the Pensioner, the amount will be paid to the
Pensioner's dependants existing at the time of his death. Where the Pensioner
has no dependants, the amount will revert to the Fund.
The amounts payable pursuant to Articles (42) and (44) of
this Law will be deemed a non-refundable grant that may not be subject to
attachment for the repayment of any debt. These amounts will be exempt from all
fees and taxes.
Where a Pension is suspended or discontinued, the Pension
for the month during which the discontinuance or suspension occurs will be paid
on a full-month basis. In case of resumption of payment of a Pension Share to a
Beneficiary or to other Beneficiaries, the payment of the Pension Share will be
resumed from the first day of the month following the entitlement date.
1. Five percent (5%) of a Staff
Member's Pension or end-of-service gratuity will be deducted in any of the
following cases:
a.
termination
of service pursuant to a disciplinary decision;
b.
termination
of service by involuntary retirement in accordance with Article (43) of this
Law; or
c.
end
of service upon the request of the Staff Member, where he has not completed
twenty-five (25) years of actual service.
2. A Pension may be subject to
attachment or deduction only to pay an alimony awarded by a judgment or any
other outstanding liabilities to the government, or to recover any unlawfully
paid amounts. In either case, the deduction may not exceed twenty-five percent
(25%) of the Pension. In case of multiple outstanding debts, the alimony will
have priority over other debts.
Where a Staff Member is retired for other than the reasons
stipulated in paragraph (1) of Article (47) of this Law, he will be entitled to
a retirement compensation amount equal to the difference between his last
Aggregate Salary and his Pension. This compensation will be paid in respect of
the month in which he is retired and the three (3) subsequent months. For the
purposes of this Article, an Aggregate Salary has the same meaning stated in
Law No. (2) of 2008 Concerning Human Resources Management of Local Paramilitary
Personnel of the Government of Dubai.
A Paramilitary who is issued with an initial approval from
the Ruler to acquire the UAE nationality and who holds a UAE passport will be
entitled to an end-of-service gratuity as follows:
1. one-month salary per year for
the first five (5) years of service;
2. two-month salary per year for
the following five (5) years of service; and
3. three-month salary per year
for years in excess of the above mentioned periods.
Upon approval, after the effective date of this Law, of any
increase in the salaries or allowances that are included in calculating
Pensions, this increase will not affect any payments to the existing Pensioners
or to their Beneficiaries unless expressly stated otherwise or unless any
legislation is issued to that effect.
The Chief may exempt any persons to whom this
Law applies from compliance with all or any of its provisions.
The service periods stipulated in this Law will be
calculated based on the Gregorian calendar.
The Chief will issue the implementing bylaw of this Law.
Any provision in any other legislation will be repealed to
the extent that it contradicts the provisions of this Law.
This Law will be published in the Official Gazette and will
come into force on 1 September 2008.
Mohammed
bin Rashid Al Maktoum
Ruler
of Dubai
Issued
in Dubai on 19 August 2008
Corresponding to 18 Shaban 1429 A.H.
|
SN |
Beneficiaries |
Pension
Shares |
|||
|
Widow
or Husband |
Children |
Parents |
Siblings |
||
|
1 |
Widow(s) or eligible husband, one or
more children, father and/ or mother, and any other Beneficiary |
3/8 |
3/8 |
1/8 |
1/8 |
|
2 |
Widow(s) or eligible husband, one or
more children, and father and/ or mother |
3/8 |
4/8 |
1/8 |
ـــــــــــــــــــــــــــ |
|
3 |
Widow(s) or eligible husband, one or
more children, and one or more siblings |
3/8 |
4/8 |
ـــــــــــــــــــــــــــ |
1/8 |
|
4 |
Widow(s) or eligible husband, father
and/ or mother, and one or more siblings |
1/2 |
ـــــــــــــــــــــــــــ |
1/4 |
1/4 |
|
5 |
Widow(s) or eligible husband, and one or
more children |
3/8 |
5/8 |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
|
6 |
Widow(s) or eligible husband, and father
and/ or mother |
1/2 |
ـــــــــــــــــــــــــــ |
1/2 |
ـــــــــــــــــــــــــــ |
|
7 |
Widow(s) or eligible husband, and one or
more siblings |
1/2 |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
1/2 |
|
8 |
Widow(s) or eligible husband |
3/4 |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
|
9 |
One or more children |
ـــــــــــــــــــــــــــ |
The whole Pension |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
|
10 |
One or more children, and father and/ or
mother |
ـــــــــــــــــــــــــــ |
7/8 |
1/8 |
ـــــــــــــــــــــــــــ |
|
11 |
One or more children, and one or more
siblings |
ـــــــــــــــــــــــــــ |
7/8 |
ـــــــــــــــــــــــــــ |
1/8 |
|
12 |
One or more children, father and/ or
mother, and one or more siblings |
ـــــــــــــــــــــــــــ |
6/8 |
1/8 |
1/8 |
|
13 |
Father and/ or mother, and one or more
siblings |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
3/5 |
2/5 |
|
14 |
Father and/ or mother |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
3/4 |
ـــــــــــــــــــــــــــ |
|
15 |
One or more siblings |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
ـــــــــــــــــــــــــــ |
1/2 |
1. The terms 'children' and
'siblings' in Schedule (1) will include males and females.
2. Where more than one
Beneficiary is entitled to a Pension Share, this share will be equally
distributed among them.
3. A husband will not be
entitled to the Pension of his deceased wife unless he was, at the time of her
death, medically unfit to earn a living, as evidenced by a report from a
Medical Committee. His medical unfitness must be verified once every two (2)
years unless the Medical Committee confirms the improbability of his recovery.
4. Where a parent who is
eligible for a Pension Share dies, the Pension Share will be transferred to the
other parent if he is also eligible. Where both parents die, the Pension Share
will be redistributed to the children of the Pensioner.
5. Where the Pension Share of a
sibling is discontinued, it will be redistributed to the other siblings. Where
no other eligible siblings exist, the Pension Share will be redistributed to
the children of the Pensioner.
6. Where the Pension Shares of
the siblings are discontinued and the parents are the only Beneficiaries, these
shares will be redistributed to the parents, provided that their total shares
do not exceed three-quarters of the Pension.
7. Where the Pension Shares of
the parents are discontinued and the siblings are the only Beneficiaries, these
shares will be redistributed to the siblings, provided that their total shares
do not exceed one half of the Pension.
8. Where the Pension Shares of
the siblings are discontinued and the widow(s) is/ are the only
beneficiary(ies), these shares will be equally redistributed to the widows,
provided that their total shares do not exceed three-quarters of the Pension.
9. Where the Pension Shares of
the parents or that of any of them is discontinued and the widow(s) is/ are the
only beneficiary(ies), these shares will be equally redistributed to the widow(s),
provided that their total shares do not exceed three-quarters of the Pension.
10. Unclaimed Pension Shares will
revert to the Fund.
|
SN |
Resulting
Disability |
Disability
Percentage |
|
|
1 |
Amputation of
the right arm at the shoulder-joint |
80% |
|
|
2 |
Above-elbow
amputation of the right arm |
75% |
|
|
3 |
Below-elbow
amputation of the right arm |
65% |
|
|
4 |
Amputation of
the left arm at the shoulder-joint |
70% |
|
|
5 |
Above-elbow
amputation of the left arm |
65% |
|
|
6 |
Below-elbow
amputation of the left arm |
55% |
|
|
7 |
Above-knee
amputation of leg |
65% |
|
|
8 |
Below-knee
amputation of leg |
55% |
|
|
9 |
Total loss of
hearing |
55% |
|
|
10 |
Loss of an eye |
35% |
|
|
|
Left
|
Right
|
|
|
11 |
Amputation of a
thumb |
25% |
30% |
|
12 |
Amputation of
distal phalanx of thumb |
15% |
18% |
|
13 |
Amputation of a
forefinger |
10% |
12% |
|
14 |
Amputation of
distal phalanx of forefinger |
5% |
6% |
|
15 |
Amputation of
distal and proximal phalanx of forefinger |
8% |
10% |
|
16 |
Amputation of
the middle finger |
8% |
10% |
|
17 |
Amputation of
the proximal phalanx of the middle finger |
4% |
5% |
|
18 |
Amputation of
distal and proximal phalanx of the middle finger |
6% |
8% |
|
19 |
Amputation of
other than the forefinger, the thumb, and the middle finger |
5% |
6% |
©2017
The Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort has been made to produce an accurate and
complete English version of this legislation. However, for the purpose of its
interpretation and application, reference must be made to the original Arabic
text. In case of conflict, the Arabic text will prevail.