Law No. (7) of
2022
Concerning the Pensions and Social Security
Fund of Local Paramilitary Personnel in the Emirate of Dubai[1]
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We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (5) of 1995 Establishing the Department of Finance;
Law No. (3) of 2003 Establishing the Executive Council of the
Emirate of Dubai;
Law No. (21) of 2008 Concerning Pensions and Social Security of
Local Paramilitary Personnel of the Government of Dubai and its amendments;
Law No. (6) of 2012 Concerning Management of the Human Resources of
Local Paramilitary Personnel in the Emirate of Dubai and its amendments;
Law No. (1) of 2016 Concerning the Financial Regulations of the
Government of Dubai;
Law No. (8) of 2018 Concerning Management of the Government of
Dubai Human Resources;
Decree No. (24) of 2007 Forming the Supreme Fiscal Committee in the
Emirate of Dubai and its amendments;
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;
Executive Council Resolution No. (25) of 2006 Establishing the
Division of Pensions and Social Security of Local Paramilitary Personnel of the
Government of Dubai; and
Executive Council Resolution No. (19) of 2017 Approving the
Organisational Structure of the Department of Finance,
Do hereby issue this
Law.
This Law will be cited as “Law No. (7) of 2022 Concerning the
Pensions and Social Security Fund of Local Paramilitary Personnel in the Emirate
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:
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Emirate: |
The Emirate of Dubai.
|
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Ruler: |
His Highness the Ruler of Dubai.
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Government: |
The Government of Dubai.
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Executive Council:
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The Executive Council of the Emirate of
Dubai. |
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SFC: |
The Supreme Fiscal Committee in the
Emirate of Dubai. |
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DOF: |
The Department of Finance in the
Emirate. |
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Department: |
Any public department or directorate
governed by the above-mentioned Resolution No. (3) of 2008 and any other
entity to which the application of the Law is extended pursuant to a
resolution of the Ruler. |
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Director General:
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The director general of the DOF.
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Law: |
Law No. (21) of 2008 Concerning
Pensions and
Social Security of Local Paramilitary Personnel in the Government of Dubai
and its amendments, or any other superseding legislation.
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Fund: |
The Pensions and Social Security Fund
of Local Paramilitary Personnel in the Emirate of Dubai, regulated by the
provisions of this Law. |
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Executive Director:
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The executive director of the Fund.
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Staff Member: |
A male or female UAE National
Paramilitary who is serving in a Department and holding a paramilitary or
semi-military rank, and whose monthly contributions are deducted in
accordance with the provisions of the Law. |
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Pension: |
An amount payable on a monthly basis to
a Pensioner or his Beneficiaries pursuant to the Law. |
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Pensioner: |
A Staff Member whose service has ended,
and who is entitled to a Pension pursuant to the Law. |
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Beneficiary: |
Any person who becomes entitled to a
Pension Share pursuant to the Law upon the death of a Pensioner.
|
The provisions of this Law apply to the Pensions and Social
Security Fund of Local Paramilitary Personnel in the Emirate of Dubai
established pursuant to the above-mentioned Law No. (21) of 2008 as a public
corporation affiliated to the DOF and having legal personality
and the legal capacity required to undertake all acts and dispositions that
ensure the achievement of its objectives.
The head office of the Fund will be located in the Emirate. The
Fund may, pursuant to a resolution of the Director General, establish branches
and offices within and outside of the Emirate.
The Fund will have the following objectives:
1.
to further and support the Emirate’s vision for the social security
sector, particularly in the
area of Pensions and Social Security of Staff Members, in line with the
policies and strategic plans adopted in this respect;
2.
to apply best practices in the area of Pensions and Social
Security of Staff Members;
3.
to regulate the relations of Staff Members, Pensioners, and
Beneficiaries with the Fund with a view to ensuring that they enjoy all their
rights and that all their social security needs are easily and conveniently
met;
4.
to enhance the quality of the social security services it provides,
and support the development efforts and endeavours aimed at achieving leadership and excellence
in the efficiency of procedures, with a view to achieving the objectives of the Government in
promoting happiness within the society; and
5.
to secure and provide the financial resources and cash flow
required to ensure the financial sustainability of the resources of
the Fund, and its continued ability to cover the payment of the social security entitlements of Staff Members,
Pensioners, and Beneficiaries.
For the purpose of achieving its objectives, the Fund will have the
duties and powers to:
1.
develop the general policy of the Fund; establish the strategic and
development objectives required for the achievement of the objectives of the
Fund and for enabling it to perform its duties under this Law and other
legislation in force in the Emirate; and submit the same to the Director
General for approval in preparation for their final approval by the SFC;
2.
implement the legislation governing the Pension and Social
Security of Staff Members, ensure that the provisions of that legislation are complied with, and propose amendment and
update to the same on a regular basis;
3.
maintain books and records and compile data on Staff Members,
Pensioners, and Beneficiaries; and update the same on a regular basis;
4.
manage, invest, and diversify the property and assets of the Fund,
and maintain their market value, including by subscription to the shares of the
companies owned by the Government or in which the Government is
a shareholder, in order to develop these property and assets
and use them to achieve the objectives of the Fund, in line with the
relevant policies and bylaws approved by the SFC;
5.
open and manage accounts with banks within and outside of the
Emirate, in coordination with the DOF and in accordance with the legislation in
force in the Emirate;
6.
establish, solely or in partnership with other persons, companies
and establishments or contribute to the establishment of investment projects,
in accordance with the legislation in force in the Emirate;
7.
review the annual retirement plans prepared by each
Department, in coordination with that Department, for the purpose of
planning the obligations of the Fund; and submit the same to the Director
General for approval; and
8.
exercise any other duties or powers assigned to it by the SFC or
the Director General, as required for the achievement of the objectives of the
Fund.
a.
The Director General will undertake the general supervision
of the administrative, technical, and financial affairs of the Fund and the
performance by the Fund of its functions under this Law, the resolutions issued
in pursuance hereof, and other legislation in force in the Emirate; and will
issue any resolutions and procedures he deems appropriate for the achievement
of the objectives of the Fund. In particular, the Director General will have
the duties and powers to:
1. approve, and follow
up the implementation of, the general policy and the strategic
and development
plans of the Fund; and all the plans, projects, and initiatives related to the
investment of the property of the Fund, in line with the strategic plans of the
Emirate;
2. approve the
Organisational Structure of the Fund, and submit the same to the competent
entities for final approval;
3. approve the internal
bylaws regulating the use of the Fund’s property, assets, and returns on
investment;
4. approve the draft
annual budget and Financial Statements of the Fund, and submit the same to the
competent entities in the Emirate for final approval;
5. approve the annual
report on the work, activities, financial performance, and returns on the
investment of the property of the Fund; and submit the same to the SFC;
6. appoint auditors and
determine their annual remuneration;
7. form permanent and
temporary sub-committees and work teams; and determine their duties, powers,
and tenures; and
8. exercise any other
duties or powers required for the achievement of the objectives of
the Fund, and for
enabling it to perform the duties and functions assigned to it under this Law,
the resolutions issued in pursuance hereof, and other legislation in force in
the Emirate; or assigned to it by the SFC.
b.
The Director General may delegate any of his duties and powers
under paragraph (a) of this Article to the Executive Director, provided that
such delegation is specific and in writing.
a.
The Fund will have an executive body comprised of the Executive
Director and a number of administrative, finance, and technical Employees.
b.
The executive body of the Fund will be responsible for the
operational work of the Fund, and for providing it with administrative and
technical support.
c.
The Fund may seek the administrative and technical support of the
executive body of the DOF.
d.
The Employees of the Division of Pensions and Social Security of
Local Paramilitary Personnel at the DOF are hereby transferred to the Fund.
These Employees will retain their existing rights and will be governed by the
provisions of the above-mentioned Law No. (8) of 2018 and the resolutions
issued in pursuance thereof.
a.
The Executive Director will be appointed pursuant to a resolution
of the Chairman of the Executive Council.
b.
The Executive Director will be directly responsible to the Director
General for performing his duties under this Law, the resolutions issued in
pursuance hereof, and other legislation in force in the Emirate. In particular,
the Executive Director will have the duties and powers to:
1. prepare the general
policy and the strategic and development plans of the Fund; submit the same to
the Director General for approval; and follow up their implementation upon
approval of the same by the SFC;
2. propose the
projects, programmes, and initiatives aimed at supporting and
increasing the financial resources of the Fund; and submit the same to the Director
General for approval;
3. approve the
operational plans required for the implementation of the approved general
policy and strategic plans of the Fund;
4. propose internal
bylaws to regulate the use of the Fund’s property, assets,
and returns on investment; and submit the same to the Director General for
approval;
5. supervise the conduct of actuarial
studies every three (3) Years to determine the financial position, obligations,
and future projections of the Fund; and submit the necessary recommendations to
the Director General, in preparation for submission of the relevant report to
the Chairman
of the Executive Council;
6. approve the bylaws
and regulations governing the administrative, financial, and technical work of the Fund;
7. prepare the
Organisational Structure of the Fund, and submit the same to the Director
General for approval;
8. prepare the draft
annual budget and Financial Statements of the Fund, and submit the same to the
Director General for approval;
9. submit to the
Director General periodic reports on the financial performance and work flow of
the Fund;
10. prepare an annual report on
the work, activities, and financial performance of the Fund; and submit the
same to the Director General for approval;
11. supervise the daily
work of the Fund and its executive body;
12. represent the Fund
before third parties and conclude the contracts and agreements required for the
achievement of the objectives of the Fund and for enabling it to exercise its
functions, in accordance with the relevant delegation of authority
matrix adopted by
the Director General; and
13. exercise any other
duties or powers related to the achievement of the objectives of the
Fund, as assigned or delegated to him by the Director General.
a.
The financial resources of the Fund will consist of:
1. the
movable and
immovable property allocated to the Fund by the Government;
2. the financial
appropriations allocated to the Fund in the General Budget of the Government;
3. the financial
appropriations allocated to the Fund by the Government to cover any increments approved by the
Government for Staff Members and Pensioners, additional financial implications
that result from any amendments to the legislation in force,
additional costs incurred by the Fund due to any approved
exemptions in
favour of Staff Members, or other financial liabilities that affect the
Fund’s ability to pay social security entitlements
and dues;
4. the Monthly
Contributions deducted from Staff Members in accordance with the Law;
5. the amounts
collected from Staff Members for crediting their previous service periods;
6. the monthly
financial support allocated by the Government to the Fund, which is equal to
double the Monthly Contributions stipulated by the Law;
7. returns on the
investment of the Fund’s property;
8. any amounts payable
to the Fund pursuant to the Law and the resolutions issued in pursuance
thereof;
9. the donations,
gifts, grants, and presents provided to the Fund and approved by the Director
General; and
10. any other resources
approved by the SFC.
b.
All proceeds from the financial resources of the Fund will
be deposited in its account, and all amounts payable pursuant to the Law will
be paid out of that account.
a.
In managing its accounts and records, the Fund will apply the
government accounting rules and principles.
b.
The Financial Year of the Fund will commence on 1 January and will
end on 31 December of each Year, except that the first Financial Year will
commence on the date on which this Law comes into force and will end on 31
December of the following Year.
Except in cases of fraud and gross fault, neither the Director
General, nor the Executive Director, nor the executive body of the Fund will,
in the course of managing the Fund and its operations, be liable to third
parties for any act or omission committed by them in connection with exercising
their duties and powers under this Law and the resolutions issued in pursuance
hereof. The Fund will be solely liable to third parties for any such act or
omission.
All Government Entities in the Emirate must fully cooperate with
the Fund and provide it with the data, statistics, information, studies,
and information systems it requests and deems necessary to enable it to achieve its
objectives and exercise its duties and powers under this Law, the resolutions
issued in pursuance hereof, and other legislation in force in the Emirate.
With the exception of the resolutions which the Chairman of the SFC
is authorised to issue under this Law, the Director General will issue the
resolutions required for implementing the provisions of this Law.
As of the effective date of this Law, all rights, obligations,
responsibilities, and powers of the Division of Pensions and Social Security of
Local Paramilitary Personnel at the DOF will be transferred to the Fund, in accordance with the
legislation in force in the Emirate. The financial appropriations assigned to
this division in the annual budget of the DOF will also be reallocated to the
Fund.
The above-mentioned Executive Council Resolution No. (25) of 2006
is hereby repealed. Any provision in any other legislation is also hereby 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 the day on which it is published.
Mohammed bin Rashid
Al Maktoum
Ruler of Dubai
Issued in Dubai on 14 March 2022
Corresponding to 11 Shaban 1443 A.H.
©2022 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.