On account of inability to perform the functions of his office (whether arising from mental or physical infirmity or from any other cause) or for misconduct, the board of directors may, with the consent of the Minister, terminate the appointment of a director. For the purpose of the Pensions Act, Chapter 233, service on the Board is considered to be "other public service" as if the Board were one of the scheduled governments listed in Schedule A of the Pension Regulations.
Investment of surplus monies
Accounts and financial statements
The expenditure incurred in any calendar year by the National Insurance System, other than for the payment of benefits (including pensions, subsidies and allowances to insured persons, to family members and to surviving relatives), may not exceed an amount equal to twelve percent of the the combined total of the premiums collected in that (current) year plus the benefits paid in that (current) year.
Board to submit financial statements, etc., to Minister
Actuarial review
Approval and guarantee of borrowing
Provisions as to categories of insured persons and of insurable employment (1) Subject to the provisions of this Act, every person who—
The expenditure incurred by the National Insurance Scheme in any calendar year, other than in the payment of benefits (including pensions, allowances and allowances to insured persons, to dependents and to survivors), may not exceed an amount equal to twelve per cent of the combined total of the contributions collected in that (the current) year plus the benefits paid in that (the current) year. shall be an insured person in respect of the various contingencies in relation to which benefits are provided under this Act and shall remain so insured until he or she meets the conditions for retirement.
Insurance of self-employed persons, etc
Liability to make deductions and contributions
Exemption from liability to make contributions
Minister may make regulations for contributions and exemptions The Minister may make regulations to provide for—
When insured person works under general control of person not his or her immediate employer
Deduction of contribution from wages
Payment of contributions into the Fund
Surcharge for late payment
Crediting of unpaid contributions
Employment by more than one employer
Receipt of benefit not to affect employer’s obligation to pay wages
Contributions or benefits to be inalienable
Regulations relating to registration of persons, payment and collection of contributions
Contributions deductible for purposes of income tax
Contributions paid under this Act by employees and employers are allowable deductions under any written law for the time being in force relating to income tax.
Benefit
- Entitlement to benefit
- Contribution credits during receipt of short-term benefit
- Regulations may provide for other kinds of benefit
- Regulations regarding rates of benefit, etc
- To claim, etc., is a condition of benefit
- Regulations governing benefit Regulations may provide—
- Modification or repeal of public service pension scheme
Provided that no regulation changing the rates or the duration of the benefit shall be issued without prior consultation with an actuary. Regulations governing benefits. Regulations can provide— Rules can provide—. a) to disqualify a person from receiving benefits if he or she fails to make a claim therefor within the prescribed period:.
Mariners and Airmen
- Regulations regarding wives or widows of mariners and airmen The Minister may make regulations under this section to provide—
- Unpaid contributions to rank as a privileged debt (1) Where—
- Joint liability for offences
- Certified copy as evidence
- Civil proceedings
- Offences and penalties A person who—
- Proceedings for recovery of contribution
- Proceedings against employer for benefits lost by his or her default (1) Where an employer has failed or neglected—
- Disclosure of information by Inland Revenue Department
- Proceedings to be in Director’s name
Proceedings against employer for benefits lost by his or her failure (1) Where an employer has failed or neglected— (1) Where an employer has failed or neglected—. a) to pay a contribution that according to this law he is obliged to pay in relation to or on behalf of any insured person in his or her employment; or. b) comply, in relation to an insured person, with the requirements of this law regarding the payment and collection of contributions, and because of this the person to whom a benefit may be paid under this law has completely lost or in the portion of the benefit to which he or she would be entitled, that person has the right to sue for recovery from the employer, as a civil debt, of an amount equal to the amount of the lost benefit. Information disclosed to the Director pursuant to this subsection shall not be further disclosed to any other person unless further disclosure is made—. a) a person to whom the disclosure could lawfully have been made by or under the authority of the Comptroller of Internal Revenue; or. b) for the purposes of civil or criminal proceedings related to the operation of a written law regarding the calculation or collection of contributions under this law or the payment of benefits under it.
Miscellaneous
Private schemes
Provided that no private scheme may be regarded as a substitute for a benefit under this Act.
Assessment of damages against employer
Regulations
Power to remove difficulties
Transfer of assets and liabilities of Provident Fund (1) Upon the appointed day—
Nothing in this Act shall prevent an employer from operating a private scheme, whether contributory or not, and providing benefits equal to or greater than those provided by this Act to the persons employed therein:. Provided that no private scheme shall be deemed to be a substitute for the benefits provided by this Act. b) all rights, claims, privileges, advantages, debts and all liabilities and other obligations to which the previous board was entitled or subject, as the case may be, on a given day, are transferred to, transferred to or imposed on the board for the purposes of this Act .
The National Insurance Board shall consist of seven members appointed by the Minister as follows—
The National Insurance Board consists of seven members appointed by the Minister as follows:
The members representing the Government shall be appointed on the advice of the Cabinet
The members representing employers shall be appointed on the recommendation of such associations of employers or persons or bodies as in the opinion of the Minister are
The members representing employees shall be appointed on the recommendation of such associations of trade unions or individual trade unions as appear to the Minister to be
A member of the Board other than the chairperson may at any time resign his or her office by notice in writing addressed to the Minister and transmitted through the
The chairperson may at any time resign his or her office by giving notice in writing addressed to the Minister and such resignation shall take effect from the date of receipt of
If any vacancy occurs in the membership of the Board, such vacancy shall be filled by the appointment, as in this Schedule provided, of another member; such member shall,
The names of all members of the Board of the first composition and any changes in its membership will be published in the Gazette.
The names of all members of the Board as first constituted, and every change in the membership thereof, shall be published in the Gazette
The Board shall meet at such times as may be necessary or expedient for the transaction of business; meetings shall be held at such places as the Board may determine
The quorum of the Board shall be four members, one of whom shall be the chairperson or the deputy chairperson
Decisions of the Board shall be reached by vote of the majority, each member having one vote. In the event of an equality of votes the chairperson shall have a casting
Minutes of every meeting of the Board shall be kept in proper form by the secretary and shall be confirmed as soon as practicable thereafter either by circulating the
A member shall not participate in the deliberations of the Board on any matter in which he or she has or may have any interest
Special provisions for a person who has been a member of the Provident Fund and who has attained the age of sixty years on or before the Appointed Day.
Citation
Definitions
Provided that such sickness benefit shall not be paid to a person who becomes incapacitated as a result of a specific illness or a physical or mental disability arising from and during the employment relationship.
Day from which benefit is to commence; no entitlement after age sixty
Manner of claiming and support of claim
Conditions which must be satisfied
Duration
Rate of benefit
Disqualification
Conditions which must be satisfied
Duration
Rate of benefit
Support of claim
Certificate of confinement
Disqualification
Incapacity for work arising from complications of confinement
Persons who may receive grant
Amount of grant
Entitlement to invalidity pension and rate thereof
Provided that the sum thus calculated must be to the nearest multiple of ten øre:. a) that the annual pension rate is increased—. (i) two percent for all pensions first paid in calendar year 2005, (ii) four percent for all pensions first paid in calendar year 2004, (iii) six percent for all pensions first paid in calendar year 2003, (iv) eight percent for all pensions first paid in calendar year 2002. v) ten percent for all pensions first paid in calendar year 2001, (vi) twelve percent for all pensions first paid in calendar year 2000, (vii) fourteen percent for all pensions first paid in calendar year 1999, (viii) sixteen percent for all pensions first paid before calendar year 1999;. It is further assumed that the annual pension rate will be increased by 5 percent for all pensions paid before January 1, 1955.
Entitlement to invalidity grant and amount thereof
Extent to which contributions may be applied in respect of future claims benefit (1) Should invalidity cease, the contribution taken into account for the purposes of
Average annual insurable earnings
Average weekly insurable earnings
Certificate of permanent incapacity for work
Disqualification
Extent to which contributions can be used in respect of future claims benefit (1) If invalidity ceases, the contribution is taken into account for the purposes of. i) to refrain from conduct intended to delay his or her recovery, or to answer any reasonable inquiries by an officer of the Council directed to ascertain whether he or she is doing so. ii) not to be absent from his or her place of residence without saying where he or she can be found, or. iii) not to do any work for which wages are or would normally be payable. Old age pension is payable to an insured person who has reached the age of sixty years and—. a) in respect of whom no less than one hundred and fifty contributions have actually been paid; and. b) in respect of whom or to whom not less than five hundred contributions have actually been paid or credited as the case may be.
Rate of pension
Entitlement to age grant
Amount of grant
Special provisions for persons over thirty-four years of age at Appointed Day An Age Pension shall be payable to a person who has attained the age of sixty years
Average weekly insurable earnings
Entitlement rate and/or amount of benefits
Entitlement of widow to survivors’ pension and duration thereof
Entitlement of widower to survivors’ pension and duration thereof
Right of children and parents to a survivor's pension and its duration (1) The survivor's pension is paid for unmarried children, including.
Entitlement of children and parents to survivors’ pension and duration thereof (1) Survivors’ pension shall be payable in respect of the unmarried children, including
Rate of survivors’ pension
Provided that the annual rate of pension in sub-regulation (2) shall be increased—. a) two percent for all pensions paid for the first time in the calendar year 2005; The minimum pension payable to the spouse shall be forty-six dollars and forty cents per week.
Insufficiency of pension available for distribution to survivors
3B) Survivor's pension will be payable in respect of a parent who at the time of death was fully or mainly supported by the deceased at a rate of one-fourth of the maximum pension available to survivors.
Distribution of survivors’ grant
Meaning of “the husband” and “the wife”
Special treatment in case of survivors’ benefit of persons living in certain associations
Provided that the Director will be convinced that he or she should be treated as such in all circumstances. Notwithstanding that a person is simultaneously entitled to two or more benefits under the Act, only one benefit is payable to such person and the benefit awarded first, unless the other benefit is payable at a higher rate, in which case he or she benefit is paid at such a higher rate:. a) if the latter benefit ceases to be payable, nothing shall prevent the granting of the reinstatement of another benefit to which such person is entitled in terms of the Act;.
Refund of benefit improperly paid
Credited contributions
Provided that where the benefit was payable at different rates during the contribution week, the contribution credited for that week shall be at the level of weekly insurable earnings which corresponds or most closely corresponds to the highest level of weekly insurable earnings , on the basis of which the benefit was such. payable.
Special provisions relating to persons absent abroad
Payment of benefit for which person is eligible under regulation 48
Repealed
Contributions to Provident Fund
Provided that where an insured attains the age of sixty years in less than thirteen weeks after the appointed day, the denominator for the distribution mentioned in the paragraph above, the average of all the contribution weeks from the appointed day to the attainment of age sixty instead of the average of the first thirteen weeks as mentioned in paragraph (a) above: Provided further that for the purpose of the first proviso above, the weekly wages after the appointed day are deemed to be the same as before the appointed day if in any case they are lower than the wages preceding the appointed day;. d) where the rate of any benefit is expressed in terms of the average insurable earnings over a period, such period may include a period preceding the appointed day;. e) for the period preceding the appointed day, the insurable earnings shall be deemed to be thirty times the Provident Fund contributions paid during the said period and a monthly contribution shall be deemed to be equal to the contributions for four weeks and for all calculations in this context, a year counts as twelve months or fifty-two weeks.
Special provisions for a person who was a member of the Provident Fund and who attained sixty years of age on or before the Appointed Day
Special provisions for a person who has been a member of the Provident Fund and who has attained the age of sixty years on or before the Appointed Day. d) when the rate of any benefit is expressed in terms of average insurable earnings during such a period, it shall include the period preceding the specified day; e) for the period preceding the specified day, the insurable earnings shall be considered to be thirty times the contributions of the Provident Fund paid during the said period and a monthly contribution shall be considered equal to the contribution for four weeks and for all calculations in this context, a year will be calculated as twelve months or fifty-two weeks.
Limit on retroactivity of benefit payments
Claims
Payments
Extinction of right to amounts payable by way of benefit not obtained within the prescribed time.
Miscellaneous
Preliminary
- Obligations of claimants for and beneficiaries in receipt of benefits
- Supply of claim forms
- Claim not on appropriate forms
- Information to be given when making a claim for benefit
- Date of claim
- Amendment of claim forms and withdrawal of claim for benefit
- Interchange with claims for other benefits
- Time for claiming benefits
- Time and manner of payment of certain benefits and increases thereof and suspension of benefit pending appeals or references
- Time and manner of payment of pensions
- Book of serial orders to remain property of the Board
- Board may make other arrangements for payment of pension in certain cases Notwithstanding anything contained in these Regulations the Board may arrange—
- Other times and methods of payment of pension
- Extinguishment of right to sums payable by way of benefit which are not obtained within the prescribed time
- Information to be given when obtaining payment of benefit
- Forfeiture of benefit suspension of proceedings or claims and suspension of payments of benefit
- Obligations of beneficiaries to notify changes of circumstances
- Board may appoint persons to act for beneficiary
- Person unable to act
- Breach of regulations
In connection with any claim for benefit, the day of receipt of the claim at the Board's office is deemed to be the date of the claim. Provided that when a right to amounts to be paid in the form of benefits ceases pursuant to this regulation, the board may authorize payment thereof if it is of the opinion that such exclusion has not occurred as a result of negligence on the part of the person entitled to the payment. .
Miscellaneous
- Notices, etc., may be sent by post
- Liability for contributions on attaining age sixteen and sixty There shall be liability for a contribution under the Act—
- Time and deduction of contributions
- Authority to deduct employee’s contribution from emolument
- Calculation of deduction
- No deduction card held by employer
- Tax free emoluments
- Payment of contributions by employer
- Employer failing to pay contributions
- Return by employer
- Inspection of documents
- Death of an employer
- Succession to a business
- Penalties
Where the employer makes a payment to or for the benefit of the employee in respect of the employee's income tax, the amount of the remuneration paid by the employer to the employee is deemed for the purposes of these Regulations to be such amount as includes the amount of the payment made by the employer in respect of the employee's income tax. Provided that nothing in this sub-regulation shall prejudice the right of the Director to recover from the employer any amounts later due by the employer in respect of that year.
Employers
Disposal of contributions improperly paid
Return of contributions paid in error
In this regulation, the term "due date" means the date on which the contribution, if it were payable, would have to be paid. In its application to contributions payable under Part 1 of the Collection Regulations, this regulation shall have effect subject to the following provisions, namely—. a) the time within which application shall be made by a person desiring to apply for the refund of any such contribution paid in bad faith as aforesaid shall be two years from the end of the year during which the contribution is paid contribution or such longer time as the Board may allow if it is satisfied that that person had good reasons for not applying within these two years;.
Treatment for purpose of any benefit of late paid or unpaid contributions without consent, connivance or negligence of employee
Processing for any benefit of late paid or unpaid contributions without the employee's consent, connivance or negligence.
Treatment for purpose of any benefit of contributions paid late through ignorance or error
Treatment for the purposes of sickness or maternity benefits or contributions paid late Subject to rule 6, for the purpose of any entitlement to sickness or maternity benefits a.
Treatment for purpose of sickness or maternity benefit or late paid contributions Subject to regulation 6, for the purpose of any right to sickness or maternity benefit a
Treatment for purpose of age benefit or invalidity benefit of late paid contributions
Treatment for the purpose of a funeral grant of a late paid contribution
Refund of contributions to certain elderly entrants
For the purposes of these Regulations, unless the context otherwise requires—. Act” means the National Insurance Act;. deciding authority” a medical board or appellate tribunal;. Determined Day” means the day designated by the Minister in terms of section 2 of the Act as the Determined Day for the purposes of section 51 of the Act;.
Procedure for determination of questions by the Board
Review of decision of the Board
Provided that such a decision shall not be taken up for reconsideration while an appeal is pending against the board's decision on a legal issue arising in connection therewith, or before the appeal period has expired. The director's or the appeal court's decision on claims and questions 7. Submission of questions to the director.
Declaration that accident is not an employment accident
In the sense of this regulation, an accident in which a person suffers personal injury shall, in relation to him or her, be considered to be an occupational accident if—. a) it arises as a result of and in the course of his or her employment.
Appeals to Appeal Tribunal
Time and place of hearings before Appeal Tribunal
Hearings before Appeal Tribunal
Review of decisions of Director and Appeal Tribunal
Interim payments
Review of decision involving payment or increase of benefits other than grants (1) Subject to these Regulations, where in review a decision is revised so as to make
For the purposes of this Regulation, where a decision is reviewed on the initiative of the Director pursuant to Article 13(1), the date on which the Director first decided that the decision should be reviewed shall be deemed to be the date of the application for the review. For the purposes of this Regulation, “benefit” does not include disability, age, survivor's or funeral benefits.
Requirements to adjust benefits on review
Adjustment of benefit
For the purposes of this Regulation, “benefit” does not include disability, age, survivor's or funeral benefits. be treated in the first instance as having been paid on the basis of a benefit made payable for the same period in the decision for review, except to the extent that this has been repaid on the basis of the decision on appeal or has been treated as paid on the basis of the decision in that case decision granted benefit.
Action by Director and Appeal Tribunal on reserved question
Miscellaneous powers of the Board and Appeal Tribunal
Decision to be conclusive for purpose of proceeding under Act, etc
Authority for payment of expenses
Other payments (1) There shall be paid—
An Appeal Tribunal shall consist of—
To the extent practicable, the members of each panel shall be called upon by the Board of Directors to take turns serving on the Appeals Board for which the panel has been established:
As far as practicable, the members of each panel shall be summoned by the Board to serve in turn on the Appeal Tribunal for which the panel is established
The Appeal Tribunal may, with the consent of the claimant, but not otherwise, proceed with any case in the absence of any member other than the Chairperson, and in
Appointed day' means a day appointed by the Minister under section 2 of the Act;.
Treatment of certain person ordinarily resident in Grenada
Insurance of certain persons outside Grenada at Appointed Day
Minister" means the Minister for the moment charged with responsibility for social security.
Notice may be given by post
Application for registration under the Act
Issuing of Registration and Deduction Cards
Minister” means the minister provisionally charged with responsibility for Social Security; termination of employment” means the day on which the employment relationship ends, regardless of whether such termination is in accordance with the terms of the contract or not, and whether or not the employment relationship is to be resumed at a later date. works in another establishment or for another person, the employer will immediately obtain a new deduction card for that employee upon request from the director.
Custody of Deduction Cards
Disposal of Deduction Cards
Obligations of employee
Penalties
Appointed day" means the day designated by the Minister in terms of section 2 of the National Insurance Act as the appointed day for the purposes of section 25(1)(c) of the Act;. Contribution” means the contribution payable by an independent person as determined by the Council in accordance with the provisions of these Regulations;.
Application to self-employed persons of regulations under the Act
Insurable earnings” means the earnings of an insured person not exceeding one thousand two hundred and fifty dollars per month or five hundred seventy-six dollars per fortnight or two hundred eighty-eight dollars per week, as the case may be;. Self-Employed Person' means a person ordinarily resident in Grenada who is not employed by a registered employer but is otherwise gainfully employed.
Registration of self-employed persons
Year of Contributions' has the meaning assigned to it in Article 2 of the Regulations on (Collection of Contributions).
Insurance of self-employed persons
This policy applies to any self-employed person who is—. a) between the ages of sixteen and sixty;
Rate of Contribution
Self-employed person to supply information
Effective date of determination by the Board under regulation 7
Application to voluntary contributors of regulations under the Act
Application to the Board for approval
Rate of contribution
Financial Organisation
Budget Estimates
Financial Control
Accounts
- Financial Autonomy of Benefit Branches
- Annual budget
- Loss deficiencies and overpayment
- Internal audit
- Periodical reports to the Board
- Annual summary accounts
- Distribution of income among Benefit Branches
- Distribution of expenditure among Benefit Branches
- Reserve
- Level of Reserve and actuarial advice
- Audit under section 20 of the Act
The Board shall ensure that appropriate arrangements are made for the internal audit of financial procedures, benefit payments and the maintenance and operation of the Fund's accounts. The Fund's financial transactions are recorded in the accounts by the double-entry bookkeeping system.
Disablement Benefit
Medical Expenses
Death Benefit
Funeral Grant
Miscellaneous
- Entitlement to and rate of Injury Benefits
- Eligibility for Injury Benefit
- Claim for Injury Benefit
- Duration of Injury Benefit
- Rate of Disablement Benefit
- Increase for constant attendance
- Assessment of extent of disablement
- Successive accidents
- Payment of Medical Expenses during absence from State
- Medical Expenses incurred outside State
- Direct payment for Medical Expenses by the Board
- Reimbursement by insured person of refunded Medical Expenses
- Entitlement to Death Benefit
- Registration of person as beneficiary
- Determination of weekly rate of Death Benefit
- Reference to a single Medical Practitioner
- Entitlement to more than one benefit
- Refund of benefit improperly paid
- Credited contributions
- Persons absent abroad
- Persons undergoing imprisonment or detention in legal custody
- Commencement
- Average Weekly Insurable Earnings
- Weekly Rate of Benefit
Director" means the director of the Folkesikringsordningen, appointed pursuant to section 9 of the Act; In the case of a dependent under sub-rule (1)(c), the period of payment shall not exceed fifty-two weeks from the date of the deceased's death.
