The Social Insurance Law of 1980 (41/1980)

The Social Insurance Law of 1980 (41/1980)
PART I INTRODUCTORY PROVISIONS
Short title

The Social Insurance Laws of 1980 to 1999 shall be referred to together as the Social Insurance Laws of 1980 to 1999.

41/1980
Interpretation
2.-(1) In this Law, unless otherwise required by the text-

“missing person” means a person who disappeared during or after the coup of July 15, 1974, due to the circumstances created by the coup of July 15, 1974, or due to the Turkish invasion of July 20, 1974, and for whom, in any of the cases, the Government of the Republic does not have any positive information that he is alive;

“claimant” means a person claiming for the payment of any benefit under this Law;

“negligible earnings” means the earnings of an employee remaining below a specified weekly or monthly amount, and the term “negligible” shall be interpreted accordingly;

“disability” means loss of health, strength or the ability to enjoy life;

“minor” means a person-

(a) have not completed their 15th year of age;

(b) a male unmarried person, between 15 and 25 years of age, who is undergoing regular training or an apprenticeship approved by the Director or is performing active service in the National Guard by virtue of the National Guard Laws of 1964 to 1986;

(c) a female unmarried person between the ages of 15 and 23, who is undergoing regular education or an apprenticeship approved by the Director;

(d) an unmarried person who, although he has reached the age of 15, is permanently deprived of the capacity to support himself;

“incapable of work” means an insured person who, due to a specific disease or physical or mental disability, is unable to engage in the profession in which he was usually employed, and the term “incapability of work” shall be interpreted accordingly;

“maximum limit of insurable earnings” means the specified maximum amount of earnings on which contributions are payable;

“higher part of insurable earnings” means the higher part of the paid and credited insurable earnings determined in accordance with subsection (5) of section 20;

“receipts” in reference-

(i) to an employee includes all monetary remuneration from his employment or all profit from such employment capable of being valued in money, as well as the employer’s contribution in respect of the employee to the Central Leave Fund established under the Annual Leave with Pay Laws of 1967 to 1979, excluding, however, extraordinary commissions and ex-gratia payments;

(ii) to a self-employed person means any profit or benefit from his employment;

(iii) to a voluntary insured means the amount selected by the insured under article 16.

“insurable employment” means any employment specified in Part I of the First Schedule and in Part I of the Second Schedule, unless it is one of the excluded, namely employment specified in Part II of the First Schedule and in Part II of the Second Schedule;

“insurable earnings” means the amount of the insured person’s earnings on which contributions are payable under this Law;

“self-employed person” means a person employed in any insurable employment specified in Part I of the Second Schedule, unless his employment is exempt under Part II of the said Schedule;

“basic insurable earnings” means a specified amount of insurable earnings;

“parental leave” means parental leave taken in accordance with the Parental Leave and Leave for Force Majeure Reasons Law of 2002.

“Director” means the Director or Deputy Director of Social Insurance Services;

“beneficiary” in relation to any benefit means the person entitled to such benefit;

“specialist doctor” means a doctor who is considered a specialist in accordance with the Medical Registration Law;

“dependent” in relation to a person means the person in respect of whom an increase in benefit is paid under section 59;

“occupational pension scheme” means any scheme or arrangement operated by or on behalf of an employer or employers and providing for the payment of pensions in the event of retirement or death in relation to the employment of an employee;

“labour dispute” means a dispute arising between an employer and employees, or between employees, concerning the employment or non-employment, the terms of employment or the conditions of employment of any persons, in the service of the employer with whom the dispute arose or not;

“employer” includes the Government of the Republic of Cyprus;

“contribution year”, for employees whose earnings are calculated on a monthly basis, means the calendar year, and for other insured persons, means a period of fifty-two or fifty-three weeks, beginning on the first Monday of each year and ending on the Sunday before the first Monday of the following year:

It is understood that the first year of contributions under this Law begins on the 6th of October 1980 and ends for employees whose earnings are calculated on a monthly basis on the 31st of December, 1981, and for other insured persons on the 3rd of January, 1982;

“benefit year” means the period beginning on the first Monday in July of each year and ending on the Sunday before the first Monday in July of the following year;

“European Communities” means the Council, the European Parliament, the European Commission, the Court of Justice of the European Communities, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor, the European Central Bank, the European Patent Office, as well as any body, office or institution established or to be established in the future under the Treaty establishing the European Community or under any Community act, the Staff Regulations of which contain or will contain provisions identical or analogous to those of Article 11 and Annex VIII to the Staff Regulations of Officials of the European Communities;

“day of cessation of employment” means a day of incapacity for work or a day of unemployment and “period of cessation of employment” means any two days of cessation of employment, whether consecutive or not, within a period of six consecutive days or any two or more such periods not separated by a period of more than thirteen weeks;

“daily rate” in relation to any periodic benefit, means one-sixth of the weekly rate of such benefit;

“insured” means insured under this Law;

“medical care” means medical care, surgical intervention and treatment for the restoration of health, and includes all kinds of treatments, diets or other therapeutic treatments, as well as pharmaceutical care;

“physician” means a physician registered under the Medical Practitioners Registration Law;

“prescribed” means prescribed by Regulations;

“Regulations” means Regulations issued under this Law;

“Staff Regulations of Officials of the European Communities” means Regulation No. 31/1962 laying down the Staff Regulations of Officials of the European Economic Community and Regulation No. 11/1962 laying down the Staff Regulations of Officials of the European Atomic Energy Community, as amended by Council Regulation (EEC, Euratom, ECSC) No. 259/1968 of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and laying down special measures temporarily applicable to officials of the Commission, as well as any other regulation concerning the Staff Regulations of Officials of the European Communities within the meaning of this Law;

“repealed Law” means the Social Insurance Laws of 1972 to 1980 repealed by this Law;

“lower part of insurable earnings” means the lower part of the paid and credited insurable earnings determined in accordance with subsection (5) of section 20;

“Member State” means a Member State of the European Union;

“non-contributory period”, in reference to an employee whose earnings are calculated on a monthly basis, means the calendar month, and for other insured persons it means a period of four or five calendar weeks which begin within each calendar month;

“employee” means a person engaged in any insurable employment specified in Part I of the First Schedule unless his employment is exempt under Part II of the said Schedule:

It is understood that clergy are not considered employees for the purposes of the Paid Annual Leave Law, the Termination of Employment Law, the Human Resources Development Law and the Social Cohesion Fund Law.

“appointed date” means the date appointed by the Council of Ministers by notice published in the Official Gazette of the Republic for the commencement of the provisions of this Law;

“benefit” means the benefit payable under this Law;

“contribution period” in reference to an employee whose earnings are calculated on a monthly basis means the calendar month, and for other insured persons it means the calendar week;

“credited insurable earnings” means insurable earnings credited under section 18;

“paid insurable earnings” means insurable earnings on which contributions have been paid;

“pensionable civil servant” means a person who holds a pensionable position under the Pensions Law or the Elementary Education Law or the Teachers’ Pensions Law or is a permanent officer or non-commissioned officer of the Cyprus Army;

“pensionable age” means the age of sixty-five years, but in the case of a woman born before the year 1935 and a person entitled to an old-age pension under section 36A it means the age of sixty-three years;

“relative loss of capacity” means the total or partial loss of the usual use of organs or parts of the body or the consequent destruction or impairment of mental or spiritual functions;

“relevant accident” and “relevant bodily injury” in relation to a bodily injury benefit, disability or death benefit, mean respectively the accident or bodily injury in respect of which a claim is made or any of the above benefits is payable;

“relevant date” in relation to any benefit, means the date on which the person first meets the conditions for establishing entitlement to such benefit, other than the condition of submitting an application;

“Fund” means the Social Insurance Fund established under article 69;

“provident fund” means any fund or arrangement operated by or on behalf of an employer or employers and providing for the payment of lump sum payments in the event of termination of employment, retirement or death in relation to the employment of an employee;

“child” includes an ancestor, an illegitimate child and a child adopted in any manner recognized by law, and the terms “parent”, “mother” and “father” are interpreted accordingly;

“former beneficiary” means the beneficiary under the repealed Law;

“previous assets” means the assets of the Fund established under the repealed Law immediately before the specified date;

“previously insured” means insured under the repealed Law;

“childbirth” means a birth resulting in the birth of a live child, or a birth occurring after the lapse of twenty-eight weeks of gestation and resulting in the birth of a live or stillborn child, and the term “pregnancy” shall be construed accordingly;

“third country” means a country which is not a Member State;

“Minister” means the Minister of Labor and Social Insurance.

(2) For the purposes of this Law-

(a) a person who is considered to be over any age, if he has attained that age;

(b) a person is considered to be between two specified ages if he has attained the younger age but not the older age;

(c) a person who is considered not to have reached the age of eighteen years until the beginning of the eighteenth anniversary of his birth, the same applies to other ages.

41/198011/198310/1985199/198796/198917/199098(I)/199298(I)/2000135(I)/200171(I)/2002132(I)/200253(I)/200622(I)/2009
PART II INSURED PERSONS AND CONTRIBUTIONS
Insured

The following persons are insured under this Law:

(a) employees;

(b) self-employed;

41/198022(I)/2009
Obligation to pay contributions in relation to employees
4.-(1) Δι’ εκάστην περίοδον εισφορών, κατά την οποίαν ή διά τμήμα της οποίας πρόσωπον απησχολήθη ως μισθωτός, υφίσταται υποχρέωσις καταβολής εισφορών παρά του μισθωτού, παρά του εργοδότου αυτού και εκ του Παγίου Ταμείου της Δημοκρατίας.

(2) Ανεξαρτήτως των διατάξεων του εδαφίου (1) εισφοραί δεν καταβάλλονται-

(α) δι’ οιανδήποτε περίοδον εισφορών αναφορικώς προς απασχόλησιν εκ της οποίας αι αποδοχαί του μισθωτού είναι αμελητέαι, εκτός εάν ο μισθωτός είναι μαθητευόμενος ή εκτίη ποινήν φυλακίσεως˙ και

(β) δι’ οιανδήποτε περίοδον ή τμήμα περιόδου εισφορών αρχομένην την ή μετά την ημερομηνίαν καθ’ ην ο μισθωτός συνεπλήρωσε την συντάξιμον ηλικίαν.

41/19807/1984116/1985
Ποσόν εισφορών αναφορικώς προς μισθωτούς
5.-(1) (α) Από το έτος εισφορών που αρχίζει κατά ή μετά την 1.4.2009 και τηρουμένων των διατάξεων του παρόντος Νόμου, το ποσόν των εισφορών των καταβλητέων αναφορικώς προς την απασχόλησιν μισθωτού, είναι ίσον προς ποσοστόν 17,9% επί των ασφαλιστέων αποδοχών αυτού, εκ του οποίου ποσόν ίσον προς ποσοστόν 6,8% επί των ασφαλιστέων αποδοχών του μισθωτού καταβάλλεται υπό του εργοδότου αυτού, ποσόν ίσον προς ποσοστόν 6,8% επί των τοιούτων αποδοχών υπό του μισθωτού και ποσόν ίσον προς ποσοστόν 4,3% επί των τοιούτων αποδοχών εκ του Παγίου Ταμείου της Δημοκρατίας:

Νοείται ότι εις περίπτωσιν καθ’ ην μισθωτός απασχολείται υπό εργοδότου ο οποίος εφαρμόζει διά τον μισθωτόν αυτόν επαγγελματικόν σχέδιον συντάξεων άνευ εισφορών εκ μέρους του μισθωτού, το ποσόν των εισφορών των καταβλητέων υπό του εργοδότου είναι ίσον προς ποσοστόν 10,15% επί των ασφαλιστέων αποδοχών του μισθωτού, το δε ποσόν των εισφορών των καταβλητέων υπό του μισθωτού ίσον προς ποσοστόν 3,45% επί των τοιούτων αποδοχών.

(β) Από το έτος εισφορών που αρχίζει κατά ή μετά την 1.1.2014, και τηρουμένων των διατάξεων του παρόντος Νόμου, το ποσόν των εισφορών των καταβλητέων αναφορικώς προς την απασχόλησιν μισθωτού, είναι ίσον προς ποσοστόν 19,2% επί των ασφαλιστέων αποδοχών αυτού, εκ του οποίου ποσόν ίσον προς ποσοστόν 7,3% επί των ασφαλιστέων αποδοχών του μισθωτού καταβάλλεται υπό του εργοδότου αυτού, ποσόν ίσον προς ποσοστόν 7,3% επί των τοιούτων αποδοχών υπό του μισθωτού και ποσόν ίσον προς ποσοστόν 4,6% επί των τοιούτων αποδοχών εκ του Παγίου Ταμείου της Δημοκρατίας:

Νοείται ότι εις περίπτωσιν καθ’ ην μισθωτός απασχολείται υπό εργοδότου ο οποίος εφαρμόζει διά τον μισθωτόν αυτόν επαγγελματικόν σχέδιον συντάξεων άνευ εισφορών εκ μέρους του μισθωτού, το ποσόν των εισφορών των καταβλητέων υπό του εργοδότου είναι ίσον προς ποσοστόν 10,9% επί των ασφαλιστέων αποδοχών του μισθωτού, το δε ποσόν των εισφορών των καταβλητέων υπό του μισθωτού ίσον προς ποσοστόν 3,7% επί των τοιούτων αποδοχών.

(c) From the contribution year beginning on or after 1.1.2019, and subject to the provisions of this Law, the amount of contributions payable in respect of the employment of an employee is equal to a percentage of 20.5% of his insurable earnings, of which an amount equal to a percentage of 7.8% of the employee’s insurable earnings is paid by his employer, an amount equal to a percentage of 7.8% of such earnings by the employee and an amount equal to a percentage of 4.9% of such earnings from the Fixed Fund of the Republic:

It is understood that in a case where an employee is employed by an employer who implements for that employee an occupational pension plan without contributions on the part of the employee, the amount of contributions payable by the employer is equal to a percentage of 11.65% of the employee’s insurable earnings, and the amount of contributions payable by the employee is equal to a percentage of 3.95% of such earnings.

(d) From the contribution year beginning on or after 1.1.2024, and subject to the provisions of this Law, the amount of contributions payable in respect of the employment of an employee shall be equal to a percentage of 21.8% of his insurable earnings, of which an amount equal to a percentage of 8.3% of the employee’s insurable earnings shall be paid by his employer, an amount equal to a percentage of 8.3% of such earnings by the employee and an amount equal to a percentage of 5.2% of such earnings from the Fixed Fund of the Republic:

It is understood that in the event that an employee is employed by an employer who implements for that employee an occupational pension plan without contributions on the part of the employee, the amount of contributions payable by the employer is equal to a percentage of 12.4% of the employee’s insurable earnings, and the amount of contributions payable by the employee is equal to a percentage of 4.2% of such earnings.

(e) From the contribution year beginning on or after 1.1.2029, and subject to the provisions of this Law, the amount of contributions payable in respect of the employment of an employee shall be equal to a percentage of 23.1% of his insurable earnings, of which an amount equal to a percentage of 8.8% of the employee’s insurable earnings shall be paid by his employer, an amount equal to a percentage of 8.8% of such earnings by the employee and an amount equal to a percentage of 5.5% of such earnings from the Fixed Fund of the Republic:

It is understood that in the event that an employee is employed by an employer who implements for that employee an occupational pension plan without contributions on the part of the employee, the amount of contributions payable by the employer is equal to a percentage of 13.15% on the employee’s insurable earnings, and the amount of contributions payable by the employee is equal to a percentage of 4.45% on such earnings.

(f) From the contribution year beginning on or after 1.1.2034, and subject to the provisions of this Law, the amount of contributions payable in respect of the employment of an employee shall be equal to a percentage of 24.4% of his insurable earnings, of which an amount equal to a percentage of 9.3% of the employee’s insurable earnings shall be paid by his employer, an amount equal to a percentage of 9.3% of such earnings by the employee and an amount equal to a percentage of 5.8% of such earnings from the Fixed Fund of the Republic:

It is understood that in the event that an employee is employed by an employer who implements for that employee an occupational pension plan without contributions on the part of the employee, the amount of contributions payable by the employer is equal to a percentage of 13.9% of the employee’s insurable earnings, and the amount of contributions payable by the employee is equal to a percentage of 4.7% of such earnings.

(g) From the contribution year beginning on or after 1.1.2039, and subject to the provisions of this Law, the amount of contributions payable in respect of the employment of an employee shall be equal to a percentage of 25.7% of his insurable earnings, of which an amount equal to a percentage of 9.8% of the employee’s insurable earnings shall be paid by his employer, an amount equal to a percentage of 9.8% of such earnings by the employee and an amount equal to a percentage of 6.1% of such earnings from the Fixed Fund of the Republic:

It is understood that in the event that an employee is employed by an employer who implements for that employee an occupational pension plan without contributions on the part of the employee, the amount of contributions payable by the employer is equal to a percentage of 14.65% of the employee’s insurable earnings, and the amount of contributions payable by the employee is equal to a percentage of 4.95% of such earnings.

(2) For the purposes of calculating the amount of contributions payable for each period or part of a contribution period in respect of the employment of an apprentice without remuneration or with remuneration which is less than half of the basic insurable earnings, it shall be presumed that he receives insurable earnings equal to half of the amount of the basic insurable earnings.

(3) For the purposes of calculating the amount of contributions payable for each period or part of a contribution period in respect of the employment of an employee who is serving a prison sentence, it is presumed that his insurable earnings do not fall short of the amount of the basic insurable earnings.

(4) The employer is liable, subject to the provisions of article 11, for the payment of both the contributions payable by him and those payable by the employee, and contributions paid by the employer on behalf of the employee are considered as contributions paid by the employee.

(5) In the case of a category or class of employees usually employed by two or more employers within the same contribution period, Regulations may provide for the manner of payment by the employee of both contributions which the employer is liable to pay under subsection (4), as well as for the obligations of such employees and their employers.

41/198098(I)/199222(I)/2009
Refund of contributions to employees who are retroactively included in occupational pension plans without contributions

An employee, in whose case the provisions of the reservation of subsection (1) of article 5 do not apply, and who is retroactively subject to an occupational pension scheme without contributions by him, is entitled to be reimbursed by his employer for the period of his employment that was recognized as pensionable on the basis of the said occupational scheme, an amount equal to –

(a) with 3% of his total insurable earnings for the period up to 31 December 1992,

(b) with 3.1% of his insurable earnings for the period from 1 January 1993 to 31 March 2009,

(d) with 3.6% of his insurable earnings for the period from 1 January 2014 to 31 December 2018,

(e) with 3.85% of his insurable earnings for the period from 1 January 2019 to 31 December 2023,

(f) with 4.1% of his insurable earnings for the period from 1 January 2024 to 31 December 2028,

(g) with 4.35% of his insurable earnings for the period from 1 January 2029 to 31 December 2033,

(h) with 4.6% of his insurable earnings for the period from 1 January 2034 to 31 December 2038, and

(i) “4.85%” for the period from 1 January 2039.

41/198098(I)/199253(I)/200622(I)/2009
Government of the Republic Contribution for Persons Serving in the National Guard
7.-(1) For each week beginning on or after the appointed date, on each day of which a person called up for service in the National Guard under the National Guard Laws of 1964 to 1979 is on active service, the Government of the Republic shall pay in respect of that person a contribution of a specified amount.

(2) Nothing in this article shall be construed as meaning that the person in respect of whom a contribution is paid under subsection (1) is engaged in insurable employment.

41/198011/19837/198410/198522(I)/2009
Special employer contribution in certain cases

If the frequency of attack by pneumoconiosis, silicosis, ferrosilicosis, calcification or any of the aforementioned diseases accompanied by tuberculosis increases, provision may be made by Regulations for the payment of a special contribution by a particular employer or class of employers, in addition to the contribution payable under article 5, in respect of the employment of an employee in an occupation exposing such employee to the risk of any of the aforementioned diseases.

41/198022(I)/2009
Employment of an employee by two or more employers

If an employee is employed by two or more employers within the same contribution period, there is an obligation to pay contributions in respect of his employment with each of his employers.

41/198022(I)/2009
Employment of an insured person as an employee and as a self-employed person

If an insured person is employed within the same contribution period, simultaneously or successively, as an employee and as a self-employed person, there is an obligation to pay contributions for both employments.

41/1980
Withholding of employee contributions by the Employer
11.-(1) Notwithstanding any agreement to the contrary, an employer shall not be entitled to withhold or claim from the remuneration of an employee employed by him the amount of contributions payable by the employer in respect of such employee, and any employer who withholds or attempts to withhold, in whole or in part, from the remuneration of an employee employed by him the amount of contributions payable by him in respect of such employee, shall be guilty of a criminal offence and shall be liable to a fine not exceeding .750.

(2) Notwithstanding the provisions of any law or agreement to the contrary, the amount of contributions paid by the employer on behalf of the employee employed by him may be withheld or claimed from the remuneration due to the employee by the employer, in respect of the period or part of a contribution period for which such amount of contributions is payable, and not otherwise.

(3) The employer of an apprentice is obliged to pay both the amount of contributions payable by him and by the apprentice on the difference between the amount of his actual earnings and the amount of insurable earnings which the apprentice is presumed to receive under subsection (2) of section 5, and is not entitled to claim such amount from the apprentice.

(4) In relation to an employee who is serving a sentence of imprisonment, the Government of the Republic shall be obliged to pay both the amount of contributions payable by it as employer and the amount payable by the employee; however, provision may be made by Regulations for the withholding of the whole or part of the amount of the contributions of such employee from his remuneration.

41/1980
Obligation to pay contributions for self-employed persons
12.-(1) For each contribution period, during which or for part of which a person was employed as a self-employed person, there is an obligation to pay contributions on the part of the self-employed person and from the Permanent Fund of the Republic.

(2) Notwithstanding the provisions of subsection (1), no contributions shall be paid for any period or part of a contribution period beginning on or after the date on which the self-employed person reached pensionable age.

41/19807/1984116/198522(I)/2009
Contribution amount for self-employed workers

(a) From the first Monday of April 2009, the amount of contributions payable in respect of the employment of a self-employed person is equal to 16.9% of his insurable earnings, of which an amount equal to 12.6% of such earnings is paid by the self-employed person and an amount equal to 4.3% of such earnings from the Fixed Fund of the Republic.

(b) From the first Monday of 2014, the amount of contributions payable in respect of the employment of a self-employed person is equal to 18.2% of his insurable earnings, of which an amount equal to 13.6% of such earnings is paid by the self-employed person and an amount equal to 4.6% of such earnings from the Fixed Fund of the Republic.

(c) From the first Monday of 2019, the amount of contributions payable in respect of the employment of a self-employed person is equal to 19.5% of his insurable earnings, of which an amount equal to 14.6% of such earnings is paid by the self-employed person and an amount equal to 4.9% of such earnings from the Fixed Fund of the Republic.

(d) From the first Monday of 2024, the amount of contributions payable in respect of the employment of a self-employed person is equal to 20.8% of his insurable earnings, of which an amount equal to 15.6% of such earnings is paid by the self-employed person and an amount equal to 5.2% of such earnings from the Fixed Fund of the Republic.

(e) From the first Monday of 2029, the amount of contributions payable in respect of the employment of a self-employed person is equal to 22.1% of his insurable earnings, of which an amount equal to 16.6% of such earnings is paid by the self-employed person and an amount equal to 5.5% of such earnings from the Fixed Fund of the Republic.

(f) From the first Monday of 2034, the amount of contributions payable in respect of the employment of a self-employed person is equal to 23.4% of his insurable earnings, of which an amount equal to 17.6% of such earnings is paid by the self-employed person and an amount equal to 5.8% of such earnings from the Fixed Fund of the Republic.

(g) From the first Monday of 2039, the amount of contributions payable in respect of the employment of a self-employed person is equal to 24.7% of his insurable earnings, of which an amount equal to 18.6% of such earnings is paid by the self-employed person and an amount equal to 6.1% of such earnings from the Fixed Fund of the Republic.

41/198068/198898(I)/199222(I)/2009
Amortization of contributions
14.-(1) Contributions in respect of the employment of an employee shall not be paid after the expiry of six years from the end of the contribution period for which such contributions became payable.

(2) Contributions in respect of the employment of a self-employed person shall not be paid after the expiry of three years from the end of the contribution period for which such contributions became payable.

41/1980
Optional insurance
15.-(1) Any person is entitled to submit an application to the Director to obtain a certificate of voluntary insurance if-

(a) has paid insurable earnings in the lower part of insurable earnings equal to the amount of the annual basic insurable earnings; or

(b) [Deleted].

For the purposes of this paragraph, “Cypriot employer” means an employer who resides or has a business establishment in Cyprus or a legal person registered in Cyprus, or in which a citizen of the Republic or a legal person registered in Cyprus substantially participates.

(2) A person holding a certificate of voluntary insurance, granted to him under this section, is entitled to pay contributions for any period or part of a contribution period during which the certificate is valid, but no contribution shall be payable for any period or part of a contribution period beginning on or after the date on which the person holding the certificate of voluntary insurance has reached pensionable age.

(3) The validity of a certificate of voluntary insurance, issued under subsection (1), shall commence from the date of the application for its issue, unless the applicant specifies in his application another date of commencement of the validity of the certificate, which may not be earlier than the first contribution period for which the holder of such certificate is entitled under Regulations to pay contributions.

41/19807/1984116/1985132(I)/2002
Amount of contributions voluntarily insured
16.-(1) (a) From the first Monday of 2009, the amount of contributions paid for each contribution period in respect of an insured person under paragraphs (a) and (b) of subsection (1) of section 15 shall be equal to 14.8% of his insurable earnings and for an insured person under paragraph (c) of the said subsection shall be equal to 17.9% of his insurable earnings. Of these percentages, 11.0% and 13.6% shall be paid by the insured person and the balance shall be paid by the Consolidated Fund of the Republic.

(b) From the first Monday of 2014, the amount of contributions paid for each contribution period in respect of an insured person under paragraphs (a) and (b) of subsection (1) of article 15 shall be equal to 16.1% of his insurable earnings and for an insured person under paragraph (c) of the said subsection shall be equal to 19.2% of his insurable earnings. Of these percentages, 12.0% and 14.6%, respectively, shall be paid by the insured person and the balance shall be paid by the Consolidated Fund of the Republic.

(c) From the first Monday of 2019, the amount of contributions paid for each contribution period in respect of an insured person under paragraphs (a) and (b) of subsection (1) of article 15 is equal to 17.4% on his insurable earnings and for an insured person under paragraph (c) of the said subsection is equal to 20.5% on his insurable earnings. Of these percentages, 13.0% and 15.6%, respectively, are paid by the insured person and the balance is paid by the Consolidated Fund of the Republic.

(d) From the first Monday of 2024, the amount of contributions paid for each contribution period in respect of an insured person under paragraphs (a) and (b) of subsection (1) of article 15 shall be equal to 18.7% of his insurable earnings and for an insured person under paragraph (c) of the said subsection shall be equal to 21.8% of his insurable earnings. Of these percentages, 14.0% and 16.6%, respectively, shall be paid by the insured person and the balance shall be paid by the Consolidated Fund of the Republic.

(e) From the first Monday of 2024, the amount of contributions paid for each contribution period in respect of an insured person under paragraphs (a) and (b) of subsection (1) of article 15 shall be equal to 20.0% of his insurable earnings and for an insured person under paragraph (c) of the said subsection shall be equal to 23.1% of his insurable earnings. Of these percentages, 15.0% and 17.6% shall be paid by the insured person and the balance shall be paid by the Consolidated Fund of the Republic.

(f) From the first Monday of 2034, the amount of contributions paid for each contribution period in respect of an insured person under paragraphs (a) and (b) of subsection (1) of article 15 shall be equal to 21.3% of his insurable earnings and for an insured person under paragraph (c) of the said subsection shall be equal to 24.4% of his insurable earnings. Of these percentages, 16.0% and 18.6%, respectively, shall be paid by the insured person and the balance shall be paid by the Consolidated Fund of the Republic.

(g) From the first Monday of 2039, the amount of contributions paid for each contribution period in respect of an insured person under paragraphs (a) and (b) of subsection (1) of article 15 shall be equal to 22.6% of his insurable earnings and for an insured person under paragraph (c) of the said subsection shall be equal to 25.7% of his insurable earnings. Of these percentages, 17.0% and 19.6% shall be paid by the insured person and the balance shall be paid by the Consolidated Fund of the Republic.

(2) For the purposes of subsection (1), the amount of insurable earnings on which a person holding a voluntary insurance certificate may pay contributions for each year of contributions shall be chosen by him, but may not exceed the value of 1/52 of his insurance units during the last completed year of contributions before the date of commencement of the voluntary insurance certificate or 1/52 of the annual average of such units during the last three years of contributions before the date of commencement of such certificate and in no case shall it exceed the maximum limit of his insurable earnings for the said year of contributions:

It is understood that in the event that the aforementioned 1/52 is less than 1/52 of an insurance unit, the person holding a voluntary insurance certificate may, for each contribution period, pay contributions on an amount of insurable earnings equal to 1/52 of the value of an insurance unit.

(3) For the purposes of subsection (2) the value of the insurance unit is calculated on the basis of the amount of the annual basic insurable earnings, which is taken into account for the purposes of determining the insurance unit for the contribution year for which a contribution is paid:

It is understood that in the case of contributions paid during contribution periods of the contribution year which includes the relevant date for any benefit for which such contributions are taken into account, the value of the insurance unit is calculated on the basis of the amount of the annual basic insurable earnings applicable on the relevant date.

(4) A person holding a certificate of voluntary insurance, issued under paragraph (c) of subsection (1) of article 15, may elect to pay contributions either on the amount of the insurable earnings of the person concerned in accordance with the provisions of subsection (2), or on the weekly amount of his earnings, as determined in the relevant employment contract, but in no case shall contributions be paid on any amount exceeding the maximum limit of insurable earnings.

(5) A person holding a certificate of voluntary insurance and in respect of whom there is an obligation to pay contributions under section 4 or section 12, may pay contributions under this section on any amount of insurable earnings not exceeding the amount of the difference between the insurable earnings calculated for the payment of contributions under section 4 or section 12 and the amount of the insurable earnings of the person determined for the purposes of subsection (2), provided that the amount of the insurable earnings on which the contributions payable under section 4 or section 12 are calculated is less than the amount of insurable earnings determined for the purposes of subsection (2).

(6) The amount of insurable earnings selected under this article shall be rounded to the nearest whole number of pounds.

41/19807/198498(I)/199222(I)/2009
Retirement age for certain insured persons

Notwithstanding the provisions of Article 2, the pensionable age for the purposes of Articles 4, 12, 15, 18(4) and 36 for an insured person who does not satisfy the conditions for contributions for an old-age pension on reaching that age shall be the first day on which he satisfies those conditions, but in no case shall it be later than the sixty-eighth year of his age. This Article shall not apply to a person who reached the pensionable age specified in Article 2 before 1 January 1993 and to a person who was not employed in insurable employment for which contributions were paid or are payable before reaching the sixty-fifth year of his age.

41/1980116/198598(I)/1992
Credit of insurable earnings
18.-(1) An insured person is liable for insurable earnings-

(a) for any period beginning on or after the first day of the contribution year in which he attained the age of sixteen, provided that it is a period during which he is undergoing regular training or an apprenticeship approved by the Director:

It is understood that in no case shall insurable earnings be credited for any period prior to 5 October 1964;

(b) for the period commencing on the first day of the contribution year preceding the contribution year in which he became insured and ending on the last day of the contribution period preceding the contribution period in which he became insured;

(d) for any period during which he is entitled to a disability pension;

(e) if he is normally engaged in insurable employment as specified in Part I of the First Schedule and under the same normal conditions derives his livelihood from such employment, for each day which is for him a day of incapacity for work or unemployment;

(f) if he is normally engaged in insurable employment as specified in Part I of the Second Schedule and under the same normal conditions receives his livelihood from such employment, for each day which is for him a day of incapacity for work provided that such day falls within the part of the period of interruption of employment which follows the exhaustion of his right to sickness benefit:

It is understood that no insurable earnings are credited under paragraph (e) or (f) of this subsection for a period exceeding six months for each period of interruption of employment.

(2) In the case of an insured person who on the appointed date is between fifty and sixty-three years of age, insurable earnings shall be credited to the higher part of insurable earnings for each week during which a contribution was paid by him or credited on his behalf under the repealed Law, which falls within the period between the date on which he attains the age of fifty years and the appointed date.

(3) In the event of the death of an insured person entitled to a disability pension under section 38, of an insured person entitled to an old-age pension under section 36A before the age of sixty-three, or of the death of an insured person under the age of sixty-three whose death gives rise to a periodical benefit, the insured person shall be credited with insurable earnings in the upper part of insurable earnings for each week included in the period between the relevant date and the date on which the insured person would have attained or would have attained the age of sixty-three:

It is understood that the sum of the insurable earnings credited under this subsection and the paid or credited insurable earnings of the insured in the upper insurable earnings bracket may in no case be greater than forty times the difference between the annual maximum limit of insurable earnings and the annual amount of the basic insurable earnings.

(4) Every insured person who reaches pensionable age after 31 December 1992 shall be credited with earnings for any week of contributions which falls within the first twelve years of the age of each of her children, provided that no insurable earnings have been paid or credited for the same week. The number of weeks of contributions for which earnings are credited under this subsection shall not exceed 156 for each child.

(5) An insured person is credited with insurable earnings for the period he is absent from work on parental leave.

41/198017/199098(I)/199271(I)/2002
Amount of credited insurable earnings
19.-(1) The amount of insurable earnings credited for each week in accordance with paragraphs (a), (b), (e) and (f) of subsection (1) and subsections (4) and (5) of section 18 is equal to the weekly amount of basic insurable earnings; for a period shorter than a week, the corresponding amount is credited:

It is understood that the sum of the earnings credited for each year of contributions in accordance with paragraph (a) of subsection (1) and subsection (4) of article 18 and the paid or credited insurable earnings of the insured person during the said year of contributions may not exceed the annual amount of the basic insurable earnings.

(2) The amount of insurable earnings, credited for each week under paragraph (c) of subsection (1) of article 18, is equal to the weekly average of the paid and credited insurable earnings on which the amount of the relevant benefit paid to the insured person was calculated, and for any period shorter than a week, the corresponding amount is credited:

It is understood that in no case may the amount credited for each week be less than the weekly amount of the basic insurable earnings:

It is further understood that the sum of the insurable earnings credited for each week and the amount of the insurable earnings paid by the insured person may not exceed the weekly average of the paid and credited insurable earnings on which the amount of the relevant benefit was calculated.

(2A) For the purposes of paragraph (d) of subsection (1) of section 18, the insured person shall be credited for each week of contributions for which he is entitled to an incapacity pension by as many insurance units as the sum of the insurance units which correspond to his weekly average insurable earnings, as calculated by virtue of subparagraph (b) of paragraph (2) of the Third Schedule and subsection (4) of this section, but in no case may the credit be less than one unit. For a period of less than a week the credit shall be reduced accordingly:

It is understood that when the disability pension paid is for partial incapacity for work, the credited number of insurance units is reduced taking into account the ratio of the disability pension percentage to one hundred:

It is further understood that in no case may the credit be less than one insurance unit:

It is further understood that the sum of the insurance units credited under this subsection and any insurance units due to paid insurable earnings or credited insurable earnings under another provision of this Law, may not exceed the number of insurance units by which the insured person would be entitled if he were entitled to a disability pension due to total loss of earning capacity.

(2B) The provisions of subsection (2A) shall apply to benefits whose relevant date is after March 31, 1983.

(3) The amount of insurable earnings credited for each week under subsection (2) of section 18 shall be equal to the weekly average of the insurable earnings paid and credited to the highest part of the insured’s insurable earnings for the period from the specified date to the last week before the week which includes the relevant date:

It is understood that in no case may the amount credited each week exceed twice the weekly amount of the basic insurable earnings.

(4) The amount of insurable earnings credited for each week under subsection (3) of section 18 shall be equal to the weekly average of the insurable earnings paid and credited to the upper part of the insured person’s insurable earnings for the period from the specified date or from the beginning of the contribution year in which the insured person reached the age of sixteen years, if this is later than the specified date, until the last week before the relevant date:

It is understood that, if such period is longer than five years, the five-year period immediately preceding the week of the relevant date shall be taken into account, provided that this is more beneficial for the insured:

It is further understood that in the case of an insured who reaches the age of twenty-five years after the specified date, the period from the date of his reaching the age of twenty-five years until the last week before the relevant date shall be taken into account, provided that this is more beneficial for the insured, and if this is less than five years, the period of five years before the said week.

41/198011/1983116/198596/198998(I)/199271(I)/2002
Conversion of paid and credited insurable earnings into insurance units
20.-(1) The insurable earnings paid by and credited to the insured person in each year of contributions shall be converted into insurance units by dividing the total amount of such paid and credited earnings by the amount of the annual basic insurable earnings in the following year of contributions, the quotient of such division being rounded to the nearest hundredth:

It is understood that for the purposes of this subsection, the amount of insurable earnings credited for each week of contributions may not be less than the weekly amount of the basic insurable earnings of the following contribution year:

It is further understood that in order to determine the insurance units for the contribution years 1982 and 1983, the amount of the insurable earnings credited to the insured person, granted in respect of the year 1982 and the period from 1 January 1983 to 3 April 1983 under paragraph (c) of subsection (1) of article 18, if it is lower than the amount of £17,500 per week, shall be considered equal to the amount of £19,600 per week, and if it is equal to or greater than the amount of £17,500 per week, it shall be adjusted by multiplying this by the coefficient 1.12.

For the purposes of converting the paid and credited insurable earnings into insurance units for the contribution year 1982, the amount of the annual basic insurable earnings for the contribution year 1983 is determined at £1,019,200 million.

(2) The contributions paid by or credited to an insured person each year under the repealed Law are converted into insurance units by dividing the number of such contributions multiplied by 1.04 by the number 52.

(3) In the case of old-age pension, disability pension and widow’s pension, the insurance units for the period before the specified date, which is taken into account for the calculation of the weekly average insurable earnings, are found by multiplying the total number of weeks of contributions in respect of which contributions were paid or credited within the said period, by 0.02.

(4) Subject to the provisions of subsection (2) of section 18, an insured person may not have more than one insurance unit for any year of contributions before the specified date.

(5) The first insurance unit or part thereof constitutes the lower part of the insured person’s paid and credited insurable earnings during the contribution year in question, and any unit or part of a unit beyond the first constitutes the upper part of his paid and credited insurable earnings for that year:

It is understood that for the first year of contributions, any amount of paid and credited insurable earnings insured for the period from the specified date to the end of the said year of contributions exceeding the product of the weekly amount of basic insurable earnings by the number of weeks falling within the said period shall be allocated to the higher part of insurable earnings:

It is further understood that whenever a period of less than one year of contributions is taken into account, the amount of the insured person’s paid and credited insurable earnings during this shorter period, not exceeding the product of the weekly amount of the basic insurable earnings by the number of weeks falling within this period, shall be allocated to the lower part of insurable earnings, and any remainder to the higher part of insurable earnings.

41/198011/19837/1984
Adjustment of the amount of insurable earnings

After the lapse of two years from the appointed date and thereafter annually, an investigation shall be conducted, after consultation with the Social Insurance Council established by article 68, into the amount of wages and salaries and other income, to the extent possible, and if this shows an increase in the general level of wages and salaries and other income by at least 5% since the amount of basic insurable earnings and the maximum limit of insurable earnings were last determined, the said amount and limit shall be adjusted from a specified date in accordance with such increase and the increase in insurable earnings calculated to result therefrom:

It is understood that such adjustment may, at the discretion of the Minister, be made even if the said increase is less than the percentage of 5%.

41/198011/1983116/1985
PART III PROVIDES EXCEPT FOR PROFESSIONAL INJURIES
Types of benefits
22.-(1) The following are the provisions under this Part:-

(a) Periodically paid services-

(i) maternity benefit

(ii) sickness benefit

(iii) unemployment benefit

(iv) old age pension

(v) disability pension

(vi) widow’s pension

(vii) orphan’s allowance

(viii) missing person allowance;

(b) Benefits paid in lump sum-

(i) marriage allowance

(ii) birthing aid

(iii) funeral assistance.

(2) All periodically paid benefits include a basic benefit and a supplementary benefit.

41/1980
Conversion of insurance units into paid and credited insurable earnings

For benefit purposes, the insured person’s insurance units for each year of contributions are converted into paid and credited insurable earnings by multiplying each insurance unit by the annual amount of basic insurable earnings, applicable on the relevant date:

It is understood that whenever the relevant date is after March 31, 1983, the insurance units of the 1981 contribution year corresponding to insurable earnings paid, are adjusted by multiplying them by the coefficient 0.8.

It is further understood that in the case of maternity, sickness, unemployment or personal injury benefits, the said conversion is made with reference to the amount of basic insurable earnings on the basis of which the insurance units of the contribution year which is taken into account for determining the amount of the benefit were calculated.

41/198011/198310/1985
Contribution conditions

The contribution conditions with regard to the benefits referred to in article 22 are set out in the Third Table.

41/1980
Calculation of paid and credited insurable earnings for benefit purposes
25.-(1) Subject to the provisions of section 20 and subsection (5) of this section, for the purpose of determining a person’s entitlement to benefits-

(a) contributions paid by the former insured person or credited in his favour before the specified date shall be considered as insurable earnings paid or credited under this Law, namely-

(i) contributions paid in respect of the employment of an employee before the specified date shall be considered as insurable earnings paid under article 4,

(ii) contributions paid under section 9A of the repealed Law shall be considered as contributions paid under section 7 of this Law,

(iii) contributions paid by a self-employed person before the specified date shall be considered as insurable earnings paid under article 12,

(iv) contributions paid before the specified date under a certificate of voluntary insurance shall be considered as insurable earnings paid under article 15,

(v) contributions credited under any provision in force before the specified date shall be considered as credited insurable earnings under the corresponding provision of article 18,

(vi) contributions credited to any person under the repealed Law for service in the National Guard under the National Guard Laws of 1964 to 1979, shall be calculated as credited insurable earnings,

(vii) contributions credited under subsection (2) of section 10 of the repealed Law shall be calculated only in relation to an old-age pension, disability pension, widow’s pension or missing person’s allowance;

(b) contributions paid in accordance with section 7 shall be considered-

(i) as credited insurable earnings for all benefits;

(ii) as insurable earnings paid under section 4, for the purposes of disability pension, widow’s pension and orphan’s allowance when the disability or death was not caused by service in the National Guard; and

(iii) as insurable earnings paid under Article 4 for the purposes of sickness benefit where the incapacity for work is caused by an accident occurring during the first six months after completion of the service referred to in Article 7.

(d) insurable earnings paid under article 15 shall not be counted in respect of maternity benefit, sickness benefit, unemployment benefit or disability pension:

It is understood that this paragraph does not apply to insurable earnings paid under a certificate of voluntary insurance issued in accordance with paragraph (c) of subsection (1) of section 15;

It is further understood that for the purposes of a disability pension, insurable earnings paid under paragraphs (a) and (b) of subsection (1) of article 15 shall be taken into account for the purposes of calculating the amount of the pension.

(e) insurable earnings credited under paragraph (b) of subsection (1) of section 18 shall not be counted in respect of old-age pension, disability pension, widow’s pension or missing person’s allowance;

(f) insurable earnings credited under subsections (2) and (4) of section 18 shall be taken into account only for the purposes of old-age pension, disability pension, widow’s pension, missing person’s allowance or orphan’s allowance; and

(g) insurable earnings credited under subsection (3) of section 18 shall be calculated only in respect of a disability pension, a widow’s pension, a missing person’s allowance or an orphan’s allowance;

(h) credited insurable earnings under paragraph (a) of subsection 1 of article 18 of this Law and the law repealed thereunder shall not be taken into account for the purposes of old-age pension, for a period exceeding six (6) years.

(2) Insurable earnings on which contributions were paid after the day on which the event for which the granting of a benefit is required occurred and relating to a contribution period preceding the said day shall be considered as insurable earnings paid before that day-

(a) whether it concerns insurable earnings on which contributions are payable under article 4, regardless of the time of payment of the contributions;

(b) if it concerns insurable earnings on which contributions are payable under article 12 or article 15, provided that the contributions were paid within the period specified under the Regulations for the payment of the contributions payable under article 12.

(3) In the case of a benefit granted on account of the death of the insured person, the provisions of subsection (2) shall also apply to insurable earnings on which contributions are payable under section 12 after the expiry of the period referred to in paragraph (b) of the said subsection, if the contributions on such insurable earnings were paid no later than six months after such death and refer to a contribution period beginning no earlier than the first day of the last completed contribution year before the death of the insured person:

It is understood that the payment of any benefit by virtue of insurable earnings to which the provisions of this subsection apply shall commence from the date of payment of contributions on such insurable earnings.

(4) Each weekly contribution paid under section 7 shall be deemed to have been paid on insurable earnings equal to the weekly amount of the basic insurable earnings.

(5) For the purposes of granting disability pension, widow’s pension, old age pension and missing person’s allowance, a contribution paid or credited before October 5, 1964 shall not be taken into account, unless the applicant becomes entitled to the benefit or an increase thereof by such calculation.

41/198011/1983116/198596/198998(I)/199222(I)/2009
Insurable earnings on which contributions are payable are considered as paid
26.-(1) For the purpose of determining a person’s entitlement to benefits, insurable earnings on which the employer fails to pay contributions in breach of the provisions of this Law shall be considered as paid insurable earnings, provided that the employer’s obligation to pay contributions on such insurable earnings has been established by the Director who issues a relevant decision.

(2) The provisions of subsection (2) of section 25 shall apply, mutatis mutandis, to insurable earnings deemed to have been paid under this section.

41/198018(I)/1995
Amount and level of benefits
27.-(1) The amount of marriage, childbirth and funeral benefits is shown in Part I of the Fourth Schedule.

(2) The weekly amount of sickness and unemployment benefits is determined as specified in Part II of the Fourth Schedule, and of maternity benefit as specified in Part IIA of the same Schedule.

(3) The weekly amount of old age, disability and widowhood pensions is determined as specified in Part III of the Fourth Schedule.

(4) The weekly amount of the orphan’s allowance is determined as specified in Part IV of the Fourth Schedule.

41/198011/19837/1984116/1985
Wedding aid

Subject to the provisions of this Law, every person entering into marriage is entitled, jointly with the husband or wife, to a marriage allowance provided that at the time of the marriage the husband or wife meets the relevant contribution conditions:

It is understood that each spouse is entitled to 1/2 of the amount.

41/198051(I)/2001
Childbirth aid
29.-(1) Subject to the provisions of this Law, a woman giving birth to a child is entitled to a childbirth allowance-

(a) if on the date of childbirth she or her husband meets the relevant contribution conditions~ or

(b) if the claim is made in respect of a child born after the death of her husband, provided that at the time of his death the latter fulfilled the relevant contribution conditions:

It is understood that she is not entitled to childbirth assistance under both insurance policies, namely both her own insurance and that of her husband.

(2) A woman giving birth to twins or a larger number of children is entitled to a childbirth allowance for each of them, provided that she meets the contribution conditions in relation to the childbirth.

41/1980
Maternity benefit
30.-(1) Subject to the provisions of this Law, a woman shall be entitled to maternity benefit if-

(a) is certified by any medical practitioner that her delivery is expected in a week specified in the certificate (hereinafter referred to as “the week of expected delivery”), provided that it does not exceed eight weeks from the week in which the certificate was issued or either she or her husband has adopted a child within the first twelve years of his birth;

(b) meets the relevant contribution conditions:

It is understood that-

(i) a woman who is not entitled to maternity benefit for any period of time during which she receives full remuneration from her employer;

(ii) when the employer pays only part of the remuneration, the maternity allowance shall be reduced by such an amount that, added to the part of the remuneration paid, it does not exceed the full amount of such remuneration.

(2) Subject to the hereinafter mentioned provisions of this article, maternity benefit shall be paid for a period of eighteen weeks, commencing any week from the sixth to the second week before the week of the expected confinement:

It is understood that-

(a) if the woman entitled to maternity benefit dies, no benefit shall be paid for the period following her death;

(b) if the birth occurs after the week of the expected birth, subject to the previous reservation, the period for which the benefit is paid is increased by the number of weeks which intervene between the week of the expected birth and the week in which the birth occurred;

(c) In the event that the maternity benefit is acquired due to the adoption of a child, the benefit is paid for sixteen weeks from the week of adoption.

(3) Whenever a question arises as to the correctness of the certificate by virtue of which a woman claims or is entitled to maternity benefit, unless the confinement has already occurred, she may be called upon to undergo a medical examination for the issue of a new certificate, in which case, if a difference arises between the original certificate and the new one, her right to maternity benefit may be determined as if the original certificate agreed with the new one.

(4) If the wife of-

(a) gave birth to a child without having previously made a claim for maternity benefit in view of the expected childbirth; and

(b) subsequently claims maternity benefit due to the childbirth that occurred, her entitlement to maternity benefit is determined as if the week of the expected childbirth was the week during which the childbirth occurred.

41/198068/198896/1989136/198998(I)/199255(I)/199684(I)/19982(I)/2001110(I)/20079(I)/2008
Deduction from the maternity benefit entitlement

A woman who forfeits her right to receive maternity benefit –

(a) if during the period during which maternity benefit is payable she works as an employee or self-employed person, for such period of the said period as the claims examiner may determine, but in no case for a period less than the number of days during which she worked within such period;

(b) if she fails, without reasonable cause, to appear for or undergo the medical examination required under subsection (3) of section 30, for such period of time during which the maternity benefit is payable (such period commencing not earlier than the day on which the failure occurred), as the claims examiner may determine, provided that, if the birth occurs after such failure, she shall not be deprived of her right in respect of the day of the birth or the period after the birth by reason of such failure.

41/1980
Sickness and unemployment benefits
32.-(1) Subject to the provisions of this Law, a person is entitled to sickness benefit for each day of incapacity for work which forms part of a period of interruption of employment and to unemployment benefit for each day of unemployment which forms part of such a period, if on that day he satisfies the relevant contribution conditions and is between sixteen and sixty-three years of age or between sixty-three years of age and pensionable age and is not entitled to an old-age pension;

It is understood that no person, regardless of his age, is entitled to unemployment benefit, provided that the person in question retired early or retired by virtue of custom, law, professional plan, collective agreement, contract or work rules and, due to his retirement, receives a pension or other retirement benefit, for which the person in question has not paid any contribution:

It is further understood that any person who falls under the provisions of the previous reservation acquires the right to unemployment benefit, provided that, after retirement, he was re-employed and meets the relevant contribution conditions from his new employment.

(2) The maximum number of days for which sickness and unemployment benefits are paid in each period of interruption of employment is 156 days for each of these benefits:

It is understood that no one is entitled to an allowance as mentioned above for the first three days of any interruption of employment. Also, a person who meets the conditions for contribution, by virtue of insurable earnings paid under article 12 is not entitled to sickness allowance for the first nine (9) days of the interruption period, unless his incapacity for work is due to an accident or if such person, during his incapacity, remains in a hospital for at least one night, while a person who meets the conditions for contribution, by virtue of insurable earnings paid under paragraph (c) of subsection (1) of article 15, is not entitled to unemployment allowance for the first thirty days of this period.

(3) For the purposes of this Law-

(a) the day on which is not considered-

(i) as a day of incapacity for work unless the applicant proves that on the said day he is incapacitated for work or that he has been advised by a doctor to abstain from any work on that day either because he is under observation due to being a carrier of a contagious disease, or because he has come into contact with a person suffering from such disease;

(ii) as a day of unemployment unless the applicant proves that he is unemployed but able and available for work on that day or that he is unemployed and on that day is receiving vocational training under a plan approved by the Minister;

(b) a day of incapacity for work is not considered a day of unemployment;

(c) Sunday and other days of the week determined by the Director shall not be considered as days of incapacity for work or as days of unemployment;

(d) a day shall not be considered a day of unemployment if on that day the insured person is engaged in gainful employment, unless-

(i) he would be able under normal circumstances to exercise this profession, in addition to his usual work and outside of normal working hours; and

(ii) the earnings therefrom for that day do not exceed a specified amount or, if earnings are earned in respect of a period of time exceeding one day, the daily average of the earnings so earned does not exceed the said specified amount;

(e) a day on which a person is on holiday shall not be considered a day of unemployment;

(f) no person shall be considered unemployed on any day if, notwithstanding the fact that his employment has ended or been interrupted, he receives for that day wages or other payment substantially equal to the wages he would have received for that day if his employment had not ended or been interrupted, as compensation for the loss of such wages;

(g) no person shall be deemed unemployed on any day if he does not ordinarily work on each day of the week (excluding Sunday or the day specified in his case under paragraph (c) of this subsection) and during the week in which the said day is included, he was employed to the extent that was usual in his case;

(h) no person shall be considered unemployed on any day if he is a dock worker (registered or not) and during the week including or including the said day his earnings do not fall short of a specified amount.

(i) as a day of incapacity for work or a day of unemployment if the employee is on parental leave.

(4) A day in relation to which the provisions of paragraph (c) of subsection (3) apply shall not be taken into account in the calculation of any period of consecutive days in relation to sickness or unemployment benefit.

(5) If the employer continues to pay in whole or in part the earnings of an insured person for the period during which he is entitled to sickness benefit, such benefit, as the case may be, shall be amortized or reduced by the amount by which the sum of the benefit and the amount of the part of earnings paid exceeds the full earnings of the employee.

(6) The unemployment benefit to which a person is entitled for each day of unemployment during which such person receives vocational training under a scheme approved by the Minister may be paid to the authority competent for the implementation of such scheme.

(7) Where an insured person, who was receiving sickness benefit during any period of interruption of employment, is not entitled to an incapacity pension under section 38 during that period solely because he is not expected to remain permanently incapable of work, he shall be entitled, from the first day on which an incapacity pension would have been paid to him, to a sickness benefit for a period not exceeding one hundred and fifty-six days, provided that he continues to be incapable of work.

(8) The amount of the benefit paid under the previous paragraph is calculated with reference to the number of insurance units on which the amount of the sickness benefit that the insured person last received was calculated.

41/198011/198396/198917/199098(I)/199280(I)/199871(I)/2002161(I)/200622(I)/2009
Exhaustion and recovery of entitlement to sickness or unemployment benefit
33.-(1) A person who fully exhausts his right to the benefits paid under section 32 shall regain this right by paying contributions on insurable earnings equal to at least twenty-six times the weekly amount of the basic insurable earnings in relation to contribution periods which begin after the date of exhaustion of his right to payment of unemployment or sickness benefit, but in no case shall he regain the right to sickness or unemployment benefit unless thirteen or twenty-six weeks, respectively, have elapsed from the date of exhaustion of the relevant right:

It is understood that a person who has reached the age of sixty years and is not receiving a pension shall regain his right to unemployment benefit as if it were a sickness benefit. For the purposes of this proviso, “pension” means any retirement pension from an occupational pension scheme which is not less than the amount of the basic insurable earnings or a lump sum payment from a provident fund equal to at least ten times the annual amount of the said earnings at the time of retirement.

(2) In the event that the period of interruption of employment during which the person exhausted his right to receive an allowance under section 32 continues after the re-acquisition of such right, the part of the period before and the part of it after the re-acquisition shall be considered as separate periods of interruption of employment.

41/198098(I)/199280(I)/1998
Deduction from the right to receive sickness benefit

A person shall forfeit his right to receive sickness benefit for a period of up to six weeks if-

(a) became incapable of work through his own fault; or

(b) although summoned by the Director to undergo a medical or other examination or medical or other treatment, he refused or failed to do so without reasonable cause;

(d) behaved in a manner likely to delay his recovery.

41/1980
Deduction from the right to receive unemployment benefit
35.-(1) A person who has lost his job due to a stoppage of work due to a labor dispute arising in the place of his employment shall forfeit his right to receive unemployment benefit for as long as such stoppage of work continues, unless during the stoppage of work such person has worked in good faith for another person in the occupation usually practiced by him or has been regularly employed in another occupation:

It is understood that this subsection does not apply to a person who proves that-

(a) does not participate in or have a direct interest in, nor does it financially support, the labor dispute that gave rise to such work stoppage; and

(b) does not belong to a class or category of workers whose members, immediately before the commencement of the work stoppage, were working at his place of employment and some of whom participate in, have a direct interest in or financially support such work stoppage.

(2) A person shall forfeit his right to receive unemployment benefit for a period of up to six weeks if-

(a) loses his job through his own fault or voluntarily abandons it without any justifiable reason; or

(b) although he has been notified by an employment agency or other recognized agency, or by or on behalf of an employer, of the existence of a vacant or vacated position in a suitable job, refuses or fails without reasonable cause to submit an application for that position or refuses to accept it when offered to him; or

(d) refusing or failing without reasonable cause to undergo vocational training as the Director may order.

(3) For the purposes of this section, employment shall not be deemed suitable for a person if he is-

(a) employment in a position vacated as a result of a stoppage of work due to a labor dispute;

(b) employment in his usual occupation in the area where the latter usually worked either for lower remuneration or under less favourable conditions than those which he could reasonably expect to enjoy having regard to the conditions of employment as usually enjoyed by him in his usual occupation in that area or which he would enjoy if he continued in his employment;

(c) employment in his usual occupation in any other area for lower remuneration or under less favourable conditions than those observed in that area by virtue of an agreement between the employers’ and employees’ organisations or, in the absence of such an agreement, those generally recognised by good employers.

(4) After the lapse of a period of time reasonable under the circumstances from the day on which the person became unemployed, his employment shall not be considered unsuitable solely on the ground that it is outside his usual occupation, if it is employment for remuneration not lower and under conditions not less favourable than those generally observed by virtue of an agreement between employers’ and employees’ organisations, or, in the absence of such an agreement, those generally recognised by good employers.

41/1980
Old age pension
36.-(1) Subject to the provisions of this Law, a person shall be entitled to an old-age pension if-

(a) Has reached retirement age and upon reaching that age satisfies the relevant contribution conditions; or

(b) has reached the age of sixty-three years, satisfies the relevant contribution conditions and has an average weekly insurable earnings, as calculated in accordance with subparagraph (b) of paragraph (2) of the Third Schedule, equal to at least 70% of the weekly amount of basic insurable earnings; or

(d) is between sixty-three and sixty-five years of age and would be entitled to a disability pension if he had not reached the age of sixty-three years.

(2) The old-age pension shall be paid from the date on which the person first meets the conditions in subsection (1) and shall continue to be paid for life.

(3) An insured person who, upon reaching the age of sixty-eight (68) years, does not meet the contribution requirements for an old-age pension, is entitled, provided that he meets the relevant contribution requirement specified in the Third Table, to a lump sum old-age benefit, the amount of which is determined by Regulations under this Law.

(4) A beneficiary of an old-age pension who has paid insurable earnings for any period between the relevant date and the date on which he reached pensionable age is entitled to an increase in the weekly amount of his pension equal to 1/52 of 1.5% of the said earnings. This increase shall be added to the amount of the beneficiary’s basic pension to the extent that the sum does not exceed the maximum amount of the basic pension and any balance shall be added to the amount of the beneficiary’s supplementary pension.

41/1980116/198517/199098(I)/199218(I)/1995143(I)/200122(I)/2009
Old age pension for miners
36A.-(1) Subject to the provisions of section 36, in the case of a person who has been employed as a miner for a period of at least five years, the pensionable age shall be reduced by one month for every five months of employment as a miner, but in no case shall it be reduced below the age of fifty-eight:

It is understood that “employment as a miner” does not include employment prior to January 7, 1957.

(2) A miner is not entitled to an old-age pension under this article before reaching the age of sixty-three years unless he has ceased to work in a mine.

(3) For the purposes of this article:

“mine” has the meaning assigned to this term in article 3 of the Mines and Quarries Regulation Law;

“miner” means a salaried person employed underground in a mine, or surface in a mine, provided that his employment is directly related to the production or enrichment of the ore.

41/198011/198398(I)/1992135(I)/2001
Postponement of the start of old-age pension
37.-(1) A person who is entitled to an old-age pension in accordance with the provisions of articles 36 or 36A is entitled to request the postponement of the commencement of his pension until he reaches the age of sixty-eight.

(2) For the purposes of subsection (1), the person concerned shall submit a declaration to the Director on the form approved by him not later than three months from the day on which he becomes entitled to a pension. In the event of delay in submitting the declaration, the period of deferment shall be deemed to have commenced three months before the submission of the declaration.

(3) A person who postpones the commencement of his pension in accordance with this article shall be entitled to retire from the completion of his sixty-eighth year of age or from the first of the month following the month in which he submits his application for old-age pension if it is submitted before the completion of the said age.

(4) The amount of the old-age pension shall be increased by 0.5% for each month included in the period of postponement of its commencement in accordance with this article.

(5) This article does not apply to the cases of beneficiaries of an old-age pension whose relevant date is earlier than 1 January 1993.

41/198098(I)/1992
Disability pension
38.-(1) Subject to the provisions of this Law, an insured person is entitled to a disability pension if-

(a) was unfit for work for one hundred and fifty-six days within any period of interruption of employment;

(b) within such period of interruption of employment, proof that he is expected to remain permanently incapable of work;

(d) meets the relevant contribution conditions:

It is understood that in a case where the disability is due to an accident occurring on or after the specified date, the insured person is considered to meet the contribution requirements if he meets the same requirements for the payment of a sickness benefit.

(2) Subject to the provisions of article 74, the disability pension shall be paid from the relevant date as long as the insured person remains permanently incapable of work and has not reached the age of sixty-three years.

(3) Every person to whom a disability pension has been granted or who has made a claim for a disability pension shall comply with any direction issued to him at any time by the Director requiring him to-

(a) submit himself to a medical examination or re-examination;

(b) submit himself to such medical treatment as is considered appropriate in his case by the doctor responsible for him or another doctor to whom he was referred by the Director;

(4) A person shall be deprived of his right to receive a disability pension for a period not exceeding six weeks if, without reasonable cause, he fails to comply with any direction issued under subsection (3):

It is understood that in the case of a person who forfeits his right to receive a disability pension under this subsection, half of the amount of the pension which, in the absence of such forfeiture, would have been paid to him, shall be paid to his dependants.

(5) For the purposes of paragraph (b) of subsection (1) and subsection (2), an insured person is considered incapable of work when, due to a specific disease or physical or mental disability subsequent to his insurance, or a previous one which has deteriorated substantially after his insurance, he is unable to earn by work which he can reasonably be expected to perform, taking into account his strengths, skills, education and usual professional employment, more than one third, or in the case of an insured person aged between sixty and sixty-three years, more than one second, of the amount which a physically and mentally healthy person of the same education usually earns in the same region and professional category:

It is understood that in no case may the relevant date be earlier than the date of entry into force of this subsection.

(6) [Deleted].

41/198096/198998(I)/199218(I)/1995143(I)/2001
Widow’s pension
39.-(1) A widow who, at the time of the death of her husband, was living with him or was supported exclusively or mainly by him, is entitled to a widow’s pension, if –

(a) she meets the contribution conditions for a widow’s pension specified in the Third Schedule and her husband had not reached pensionable age, or

(b) her husband had reached pensionable age, and was entitled to an old-age pension or would have been entitled to an old-age pension if he had submitted the relevant application.

(2) A widower who, at the time of the death of his wife, was permanently incapable of self-support and was supported exclusively or mainly by her, is entitled to a widow’s pension, if –

(a) he meets the contribution conditions for a widow’s pension specified in the Third Schedule and his wife had not reached pensionable age, or

(b) his wife had reached pensionable age, and was entitled to an old-age pension or would have been entitled to an old-age pension, if she had submitted the relevant application.

(3) Where the death of the deceased spouse is due to an accident occurring on or after the specified date, he shall be deemed to have fulfilled the contribution conditions referred to in subsections (1) and (2) of this section if he has fulfilled the contribution conditions for the payment of a funeral benefit.

(4) The weekly amount of the widow’s pension shall be increased-

(a) By the amount of the increase in the spouse’s old-age pension in accordance with the repealed article 37 of the basic law;

(b) by the amount by which the spouse’s basic old-age pension was or would be increased in accordance with subsection (9) of article 36 and subsection (4) of article 37 and by 60% of the amount by which the spouse’s supplementary old-age pension was or would be increased in accordance with the said subsections.

(5) Subject to the provisions of subsection (6), the widow’s pension shall be paid for life.

(6) A widow who remarries ceases to be entitled to a widow’s pension, but is entitled to a lump sum equal to the product of the weekly amount of such widow’s pension multiplied by the number 52, excluding, however, any increase for dependants.

(7) A widow or widower who is not entitled to a widow’s pension because he or she does not meet the contribution conditions for such a pension is entitled to a lump sum widow’s pension, the amount of which is determined by Regulations under this Law, provided that-

(a) meets the relevant contribution condition specified in the Third Schedule, provided that the deceased or the deceased spouse, as the case may be, at the time of death had not reached pensionable age, or

(b) the deceased or the deceased spouse, as the case may be, at the time of death, had reached pensionable age and fulfilled the relevant condition for a lump sum old-age benefit, as specified in the Third Schedule.

41/1980199/198798(I)/199222(I)/2009
Exception due to social pension provision
39A.-(1) The lump sum fixed amount to which any person is entitled under subsection (5) of section 36 or subsection (7) of section 39 shall not be paid to such person if he is entitled to a social pension under the Grant of Social Pensions Law of 1995 or would be entitled to such pension if he had submitted an application.

(2) The lump sum determined amount which would be paid to the beneficiary, if the provisions of subsection (1) did not apply, shall be paid into the Consolidated Fund of the Republic.

41/198018(I)/1995
Orphan’s allowance
40.-(1) Subject to the provisions of this Law, an orphan’s allowance shall be granted to a minor whose both parents have died and at least one of them was insured.

(2) An orphan’s allowance is also granted for a minor whose only parent has died, provided that the deceased was insured and the minor was being maintained entirely or mainly by him at the time of death, and the surviving parent does not live with the deceased parent.

(3) Where the death of an insured person, who at the date of his death fulfilled the conditions for contributions for a widow’s pension, does not give rise to a right to a widow’s pension under section 39 or to an orphan’s allowance under subsection (1) or subsection (2) of this section, an orphan’s allowance shall be granted for each minor child of the deceased person in respect of whom an increase in a widow’s pension would have been payable under the provisions of section 59.

(4) The orphan’s allowance referred to in subsection (3) shall also be granted in cases where the widow’s pension payable in respect of the death of the parent has been or is terminated by virtue of subsection (6) of article 39.

(5) Any person in respect of whom an orphan’s allowance is paid under subsection (1) or subsection (2), who ceases to be a minor otherwise or by reason of death, before he attains the age of seventeen years, shall be entitled to a lump sum equal to the product of the weekly amount of the orphan’s allowance by the number 52 or the number of weeks for which orphan’s allowance would have been paid until he attains the age of seventeen years, if the latter number is less than the number 52.

(6) The orphan’s allowance under this article in respect of a minor who has not completed the eighteenth year of age or a minor who is for any reason incapable of acting, shall be paid to the person having custody of the minor, and in any other case it shall be paid to the minor.

(7) In the event of acquisition or recovery of the right to orphan’s allowance under this section, any amount paid in respect of the minor under subsection (6) of section 39 or paid on account of the minor ceasing to be a minor shall be deemed to have been paid under subsections 1 to 4 of this section, as the case may be, to the extent that the corresponding period coincides with the period of payment of allowance after the said acquisition or recovery.

41/1980199/1987
Funeral aid
41.-(1) Subject to the provisions of this Law, a funeral grant shall be paid on the death of a person if-

(a) at the time of his death he fulfilled the relevant contribution conditions; or

(b) at the time of his death he was entitled to an old-age pension, a disability pension, a widow’s pension, a missing person’s allowance under subsection (1) of section 42, or a death benefit under subsection (2) or (4) or (8) of section 49; or

(c) an orphan’s allowance or a missing person’s allowance was paid in respect thereof under subsections (2) to (4) of section 42; or

(d) it concerns an employee whose death occurred as a result of bodily injury caused by an occupational accident as defined in Part IV or as a result of a specified disease, due to his employment; or

(e) this was either a dependant of an insured person who meets the relevant contribution conditions at the time of the dependant’s death or a dependant who at the time of the dependant’s death is entitled to one of the benefits referred to in paragraph (b) above.

(2) The amount of funeral grant payable under paragraph (e) of subsection (1) shall be half of the amount set out in Part I of the Fourth Schedule for funeral grant.

(3) The funeral grant under this section shall be paid-

(a) to the widow or widower of the deceased if the deceased was married;

(b) in any other case to the person designated by the Director to collect the benefit.

41/19807/1984199/1987
Missing person allowance
42.-(1) The wife of a missing insured person, who at the time of his disappearance fulfilled the conditions for contributions for an old-age pension, is entitled to a missing person’s allowance, provided that at the time of the disappearance of her husband she was living with him or was supported exclusively or mainly by him.

(2) For a minor whose both parents are missing or one of his parents is missing and the other is deceased, a missing person’s allowance is granted, provided that one of the parents was insured.

(3) When a missing person’s allowance is not paid under subsection (1) or subsection (2) for a missing person who, on the date of his disappearance, fulfilled the relevant contribution conditions, an allowance shall be granted for each minor child of the missing person in respect of whom a dependent’s allowance would be payable under the provisions of section 59, if an allowance were paid under subsection (1).

(4) The allowance referred to in subsection (3) shall also be paid in the event that the missing person allowance payable under subsection (1) has been terminated or is terminated due to the fact that the beneficiary of the allowance has remarried.

(5) Any person in respect of whom missing person’s benefit is paid under subsection (2) who ceases to be a minor, otherwise or by reason of death, before he attains the age of seventeen years, shall be entitled to a lump sum equal to the product of the weekly amount of missing person’s benefit multiplied by the number 52 or the number of weeks for which missing person’s benefit would have been paid until he attains the age of seventeen years, if the latter number is less than the number 52.

(6) The allowance under this article in respect of a minor who has not completed the age of eighteen years or a minor who is for any reason incapable of acting, shall be paid to the person having custody of the minor, and in any other case it shall be paid to the minor.

(7) In the event of acquisition or recovery of a right to a missing person’s allowance under this section, any amount paid in respect of the minor by reason of his ceasing to be a minor or by reason of the remarriage of the beneficiary of an allowance under subsection (1) of which he was a dependant, shall be deemed to have been paid by virtue of subsections (2) to (4), as the case may be, to the extent that the corresponding period coincides with the period of payment of an allowance after the said acquisition or recovery.

(8) The provisions of subsection (6) of article 39 shall apply, mutatis mutandis, to the case of a beneficiary of a benefit who is missing under subsection (1) of this article.

(9) The amount of the allowance payable under subsection (1) is the same as the amount of the widow’s pension, and the amount of the allowance under subsections (2) to (4) is the same as the amount of the orphan’s allowance for a similar case.

41/1980116/1985199/1987
PART IV BENEFITS FOR OCCUPATIONAL INJURIES
Types and amount of benefits
43.-(1) The following are the benefits provided under this Part:

(a) personal injury benefit;

(b) disability benefits;

(2) Benefits due to disability include disability pension and disability allowance, and benefits due to death include widow’s or widower’s pension, orphan’s allowance and parent’s pension.

(3)(a) The weekly amount of the basic and supplementary benefit of the personal injury benefit is determined as specified in Part I of the Fifth Schedule;

(b) the weekly amount of the basic and supplementary benefit of death benefits and disability pension is found as specified in Parts II and IV, respectively, of the Fifth Schedule;

(4) For the calculation of the amount of the bodily injury allowance and the disability pension, insurable earnings paid, which are calculated for the purposes of sickness allowance, are taken into account.

41/198011/19837/1984
Occupational accident concept
44.-(1) For the purposes of this Part, an occupational accident means an accident caused by or in the course of the employment of an employee.

(2) An accident that occurs in the course of an employee’s employment shall be considered, in the absence of proof to the contrary, to be an occupational accident.

(3) Subject to the provisions of subsection (1), an accident shall be deemed to be an occupational accident regardless of the fact that it occurred while the employee was acting in breach of any provision of law or regulation or instructions issued by or on behalf of his employer, relating to the employee’s employment.

(4) An accident which occurs in Cyprus while an employee is travelling to or from his place of work shall be deemed an occupational accident, regardless of the fact that the employee is under no obligation to his employer to use any particular route or means:

It is understood that an accident thus occurring is not considered an occupational accident if the employee left his workplace during working hours for a purpose unrelated to his employment.

(5) An accident occurring to an employee in or about the place of his employment, in which he is employed for the purposes of the employer’s work or business, is considered an occupational accident if it occurs at a time when such employee is taking measures to deal with a real or supposed emergency in or about such place of employment, to rescue, provide assistance or protection to persons who have suffered or are believed to have suffered or are likely to suffer bodily harm or who are or are likely to be in danger or to prevent or limit serious damage to property.

(6) Subject to the provisions of article 55, an accident occurring in connection with the employment and in the employment of an employee outside Cyprus shall not be considered an occupational accident.

41/1980
Bodily injury benefit
45.-(1) Subject to the provisions of this Law, whenever an employee suffers bodily injury as a result of an occupational accident, he is entitled to a bodily injury allowance for each day during which, as a result of the relevant bodily injury suffered, he is unable to work and for a period of twelve months from the date on which the relevant accident occurred:

It is understood that no personal injury benefit is paid in respect of the first three days of any period of interruption of employment.

(2) An employee who is not entitled to a personal injury benefit for any period of time during which he receives full remuneration from his employer, in which case the employer pays him only part of the remuneration, the personal injury benefit shall be reduced by the amount by which the sum of the benefit and the part of the remuneration paid exceeds the full remuneration of the employee.

(3) If the employee became unable to work at any time on the day of the accident, such day shall be considered as a day of incapacity for work.

41/1980
Disability benefits
46.-(1) Whenever an employee suffers a bodily injury as a result of an occupational accident, he is entitled to disability benefits if, as a result of the relevant bodily injury, he suffers, on the fourth day after the relevant accident occurred or on any subsequent day, from the loss of any physical or mental capacity and on that day he is not entitled to a bodily injury benefit, except on a day on which the proviso of subsection (1) of section 45 applies:

It is understood that for the purposes of this article, it is considered that no loss of capacity has occurred at any time whenever the extent of the resulting disability, calculated in accordance with the hereinafter provided provisions of this article, amounts to a percentage lower than ten percent.

(2) For the purposes of this article, the extent of disability shall be calculated if the following general principles are applied to the disability suffered by the applicant as a result of the relevant loss of capacity:

(a) subject to the hereinafter provided provisions of this section, only those disabilities (whether resulting in loss of earning capacity or additional expenses, or not) which the applicant, taking into account his physical and mental condition on the day of calculation, presents during the period taken as the basis of the calculation in comparison with a person of the same age and sex, whose physical and mental condition is normal, shall be taken into account;

(b) subject to the provisions of the immediately following subsection, any such disability shall be deemed to be the result of the relevant loss of capacity, except in cases where the applicant-

(i) in any event he would have suffered such disability as a result of a congenital anomaly or as a result of a physical injury suffered or a disease from which he was affected before the relevant accident; or

(ii) he would not have suffered such disability if, after the accident, he had not suffered any bodily injury or been afflicted with a disease not attributable to such accident;

(c) the calculation is carried out without any reference to any other specific situation of the applicant, other than his age, sex and physical and mental condition;

(d) the percentage of disability for the disabilities listed in the Sixth Schedule is the percentage indicated against each of them, and the other disabilities are calculated accordingly; and

(e) when calculating the degree of disability, any resulting deformity must also be taken into account.

(3) For the purpose of calculating the extent of the applicant’s disability, a period of time beginning not earlier than the fourth day after the relevant accident occurred during which the applicant suffers, and may be expected to continue to suffer, from the relevant loss of capacity shall be taken into account:

It is understood that if, when calculating the degree of disability of the applicant, his condition is not such, taking into account the possible changes (foreseeable or not) that may lead to such a condition, as to allow a definitive calculation to be made for the entire period of time mentioned –

(a) a provisional calculation is made on the basis of another shorter period, which is deemed reasonable, taking into account the situation of the applicant and the possibility of such situation changing as mentioned above; and

(b) as the basis of the subsequent calculation, a period of time beginning upon the expiration of the period constituting the basis of the provisional calculation shall be taken.

(4) The calculation shall set out the degree of disability as a percentage, and shall also specify the period of time on which the calculation is based and, where such period ends on a specified date, whether the calculation is provisional or definitive:

It is understood that for the determination of the applicant’s rights to disability benefits in accordance with this article, the data relating to the percentage and period of disability are no longer sufficiently specified.

(5) Where it is found that the extent of the disability for the period constituting the basis of the calculation amounts to a percentage of less than twenty per cent, the disability benefit shall be paid in the form of a lump sum benefit (in this Law referred to as “disability benefit”), the amount of which is specified in Part III of the Fifth Schedule:

It is understood that the amount of the benefit for any calculation period shorter than seven years is reduced in the ratio of this period to a period of seven years.

(6) Where it is found that the extent of the disability for the period constituting the basis of the calculation amounts to a percentage ratio of twenty per cent or more, the disability benefit shall be a weekly pension (in this Law referred to as “disability pension”), the amount of which shall be determined as specified in Part IV of the Fifth Schedule:

It is understood that whenever this period of time expires on a specified date, the pension ceases upon the death of the beneficiary before this date.

41/198011/1983
Partial disability considered as total
47.-(1) Whenever a beneficiary of a disability pension calculated at a percentage rate of less than one hundred percent enters a hospital or similar institution to undergo approved hospital or other treatment, during the entire period of treatment such rate shall be deemed to have been calculated at one hundred percent.

(2) Where a beneficiary of a disability pension calculated at a rate of less than one hundred percent at the request of the Director under section 52 participates in a regular vocational training or retraining apprenticeship, for the period during which he is required by the Director to participate in such apprenticeship or retraining, his disability shall be considered as a disability of one hundred percent.

(3) Where a beneficiary of a disability pension due to a bodily injury caused on or after the specified date and calculated at a rate of less than one hundred percent is disabled and is expected to remain permanently disabled for work, within the meaning of subsection (5) of section 38, his disability, if this is more beneficial, shall be considered as a disability of a degree equal to the rate at which the disability pension would be calculated in his case, provided that such disability is due exclusively or mainly to the said disability.

41/1980116/198596/1989
Increase in disability pension due to regular care
48.-(1) The weekly amount of the disability pension of the one hundred percent degree paid for disability shall be increased by £7.18 per week if, as a result of the relevant loss of capacity, the beneficiary is in need of regular assistance or care.

(2) Any increase in pension under this section shall be granted for such period as the claims examiner may determine at the time of granting the disability pension, and may be renewed from time to time:

It is understood that no such increase is paid if the beneficiary receives free medical treatment in a hospital or similar institution.

41/198011/19837/1984
Death benefits
49.-(1) Whenever an employee suffers bodily injury as a result of an occupational accident, and the relevant bodily injury results in his death, death benefits shall be paid to his survivors in accordance with the provisions of this article.

It is understood that the death of a disability pension beneficiary calculated or accounted for at a degree of disability of one hundred percent is considered to be due to bodily injury as a result of an occupational accident.

(2) The widow of the deceased is entitled to a death benefit if at the time of the death of her husband she was living with him or was maintained exclusively or mainly by the deceased.

(3) The death benefit under subsection (2) is:-

(a) a pension (in this Law referred to as a “widow’s pension”) commencing on the death of the spouse, payable for life or until remarriage; and

(b) a lump sum payable upon termination of the pension as a result of remarriage, equal to the product of the weekly amount of the pension to which he was entitled immediately before the remarriage, multiplied by the number 52, excluding, however, any increase for dependants.

(4) The widower of a deceased person is entitled to a death benefit if, at the time of the death of his wife, he-

(a) was permanently incapable of supporting himself; and

(b) was maintained exclusively or mainly by it or would have been so maintained if the relevant accident had not occurred.

(5) The death benefit under subsection (4) is a pension (in this Law referred to as a “widower’s pension”) commencing on the death of the wife and payable for life.

(6)(a) If the deceased leaves behind a minor child whose other parent has also died, an orphan’s allowance is granted for the said child.

(b) An orphan’s allowance is also granted for a minor whose only parent has died due to the relevant physical injury, provided that the minor was being maintained entirely or mainly by the deceased parent at the time of his death and the surviving parent does not live with the deceased parent.

(c) When the death of the insured person does not give rise to a right to a widow’s or widower’s pension or to an orphan’s allowance under paragraph (a) or paragraph (b), an orphan’s allowance shall be granted for each minor child of the deceased insured person in respect of whom an increase in a widow’s or widower’s pension would have been payable under the provisions of article 59.

(d) The orphan’s allowance referred to in paragraph (c) shall also be granted in cases where the widow’s pension payable in respect of the death of the parent has been terminated or is terminated by virtue of paragraph (b) of subsection (3).

(e) The allowance under this article in respect of a minor who has not completed the age of eighteen years or a minor who is for any reason incapable of acting, shall be paid to the person having custody of the minor, and in any other case it shall be paid to the minor.

(f) In the event of acquisition or recovery of the right to an orphan’s allowance under this subsection, any amount paid in relation to the minor under paragraph (b) of subsection (3) or subsection (7) of this article shall be deemed to have been paid under paragraphs (a) to (d), as the case may be, to the extent that the corresponding period coincides with the period of payment of the allowance after the said acquisition or recovery.

(7) Any person in respect of whom an orphan’s allowance is paid under paragraph (a) or paragraph (b) of subsection (6), who ceases to be a minor, otherwise or by reason of death, before he attains the age of seventeen years, shall be entitled to a lump sum equal to the product of the weekly amount of the orphan’s allowance by the number 52 or the number of weeks for which an orphan’s allowance would have been paid until he attains the age of seventeen years, if the latter number is less than the number 52.

(8) If the deceased does not leave a spouse or minor, the parent of the deceased is entitled to a death benefit if at the time of death he was maintained exclusively or mainly by the deceased or would have been so maintained if the accident had not occurred.

(9) The death benefit under subsection (8) is a pension (in this Law referred to as a “parent’s pension”) commencing on the death of the insured and payable for life, or in the case of a mother, until she remarries or remarries.

(10) The weekly amount of death benefits is determined as specified in Part II of the Fifth Schedule.

41/198011/1983199/1987
Notification of accidents by insured persons
50.-(1) Every insured person suffering bodily injury from an occupational accident in respect of which this Law provides for the payment of benefits is obliged to notify the following as soon as possible after the accident has occurred:

It is understood that instead of the insured person having the obligation to do so, such notification may be made by another person acting on his behalf or on his behalf.

(2) Notification shall be made to the employer, or (in the case of multiple employers) to one of the employers, or to any foreman or other employee under whose supervision the insured was working at the time the accident occurred, or to any person designated by the employer for this purpose and shall include all the necessary information for this purpose.

41/1980
Posting of a summary of certain provisions in workplaces
51.-(1) Every director within the meaning of subsection (2) shall keep posted in a conspicuous part of the place of employment or near it where it can be easily read by all employees a summary issued from time to time by the Director and including the obligations imposed by this Law with regard to the notifications of accidents and the submission of applications.

(2) For the purposes of subsection (1), the term “manager” means the person, company, organization or partnership who is responsible for any mine, quarry, factory, workshop or other place of employment, or to whom such undertaking belongs, and includes the manager, agent or any other person having or appearing to have the general management or control of a mine, quarry, factory, workshop or other place of employment.

41/1980
Obligations of applicants and beneficiaries of benefits due to physical injury or disability
52.-(1) Subject to the provisions of this section, every claimant for a personal injury benefit or a disability benefit and every beneficiary receiving such benefit or benefit shall comply with any direction issued to him by the Director, by virtue of which he is required to-

(a) submit himself to a medical examination, in order to determine the result of the relevant accident or the appropriate treatment for the relevant physical injury or loss of ability; or

(b) submit himself to the appropriate medical treatment for the said bodily injury or loss of capacity, determined as the case may be by the attending physician or by another physician or Medical Council to which he submitted himself for examination, in accordance with the preceding provisions of this Law; or

(c) participate in any vocational training or retraining apprenticeship which may be provided and which, in the opinion of the Director, is appropriate in his case.

(2) Instructions addressed to the applicant or beneficiary and ordering him to submit himself to a medical examination must be given in writing.

(3) The applicant or beneficiary, who, in accordance with the preceding provisions of this article, is ordered to submit himself to a medical examination or to undergo medical treatment, is obliged to do so at any time this may be requested of him.

(4) Each beneficiary shall, as soon as possible, notify the Director in writing of any change in circumstances which, as he may reasonably be expected to be aware of, could affect the continuation of his right to the benefit granted to him, or his right to receive such benefit.

41/198096/1989
Certain diseases
53.-(1) Subject to the provisions of subsection (2), if a person is affected by any of the specified diseases or injuries, insofar as it is a disease or injury due to the nature of the work specified in respect of such disease or injury in which he was employed on or after the 5th day of October 1964, the benefits specified under the provisions of the preceding articles of this Part shall be paid to him, and for this purpose in the said articles:-

(a) any reference to bodily injury caused as a result of an occupational accident shall be deemed to include a reference to a disease or injury due to the nature of the employment;

(b) any reference to the date of the occupational accident also means-

(i) if the first claim in respect of the disease or injury is for a bodily injury benefit, on or after the first day from the 5th day of October, 1964, on which, as a result of the disease or injury, the claimant became incapable of work;

(ii) if the first claim in respect of the disease or injury is for disability benefits, on the first day, from or after the 5th day of October, 1964, on which the claimant suffered loss of any physical or mental capacity:

It is understood that whenever a person claims a bodily injury benefit in respect of a disease or injury for which he previously received such benefit or disability benefits, his previous claim in respect of that disease or injury shall not be taken into account if he is incapable of work and his incapacity is due primarily to the fact that he was further exposed to the risk of such disease or injury.

(2) Without prejudice to the generality of subsection (1), regulations made thereunder may also provide that in order for a disease or injury to be considered as being due to the nature of the work, certain conditions shall be met, including the duration of employment in any particular work, the period of time which has elapsed between the onset of the disease or injury and the employment in the particular work and whether or not such employment is continuous.

(3) In case of attack by pneumoconiosis, silicosis, ferrosilicosis, calcification or any of these diseases accompanied by tuberculosis:-

(a) a person who is not entitled to a personal injury benefit under this Law;

(b) disability calculated under subsection (4) of section 46 at a rate of one to nineteen percent shall be considered as disability at a rate of twenty percent.

(4) For the purposes of a claim under this Law for benefits in respect of pneumoconiosis, silicosis, ferrosilicosis, calcification or any of such diseases accompanied by tuberculosis, a person who has been a worker within the meaning of the Pneumoconiosis (Compensation) Laws of 1960 and 1966 shall be deemed to be an employee under this Law.

41/1980
Deduction from the right to receive bodily injury benefit and disability pension

A person shall forfeit his right to receive a bodily injury benefit or a disability pension for a period not exceeding six weeks if-

(a) although summoned by the Director to submit himself to a medical or other examination or to medical treatment, without reasonable cause refused, or failed to appear or submit himself to such examination or treatment; or

(b) failed without reasonable cause to follow the instructions of a doctor or Medical Board by whom he was examined; or

(d) behaved in a manner likely to delay his recovery:

It is understood that in the case of a person who is excluded from the right to receive a bodily injury benefit or a disability pension under this article, half of the amount of the benefit which, in the absence of such exclusion, would have been paid to him, shall be paid to his dependants.

41/198096/1989
Application to persons serving on ships and aircraft
55.-(1) The provisions of Part IV shall also apply to masters, crew members and apprentices serving on board Cypriot ships, as well as to captains and crew members of aircraft, provided that such persons are employed, subject to the following modifications:-

(a) except in the case where the person injured is a master or a captain, notification of the accident may be made to the master or captain, as if he were the employer, and the application for benefit may be submitted to him, but no notification is required when the accident occurs and the disability begins on board the ship or aircraft;

(b) the provisions of article 51 of this Law relating to places of employment and managers shall apply, with the necessary adjustments, also to ships and aircraft and their masters or commanders;

(c) in the event of the death of the employee, the application for death benefits shall be submitted within three months of the applicant receiving knowledge of the death;

(d) whenever the person suffering bodily harm is dismissed or is left in a foreign country, written statements relating to the circumstances under which the bodily harm was caused and its nature may be taken from any Consular Officer of the Republic of Cyprus or Judicial or Justice of the Peace of such foreign country, and if so received, they shall be forwarded by the person from whom they were taken to the Minister and they or the certified true copies thereof shall constitute evidence in any proceedings relating to the application made.

(2) This Law shall also apply to any person serving on board the ships or aircraft referred to in this article in a non-resident capacity or those referred to in subsection (1), if he works for the needs of the ship or aircraft, or of the passengers, cargo or mail carried on board and if he is otherwise an employee within the meaning of this Law.

(3) The terms not otherwise defined in the preceding paragraphs shall, unless otherwise appears from the text, and insofar as they refer to persons serving on board a ship, have the meaning assigned to them by the Merchant Shipping (Masters and Seamen) Laws of 1963 to 1976.

41/1980
PART V GENERAL PROVISIONS ON BENEFITS
Free medical care in certain cases
56.-(1) A person entitled to a personal injury allowance or disability benefits is also entitled to free medical treatment provided by the Government, including in Government medical institutions, insofar as this is necessary as a result of the relevant personal injury suffered by such person:

It is understood that the right to free medical treatment under this article includes special medical treatment and advice outside Government medical institutions, if such treatment or advice is provided to employees at reduced fees, not exceeding the amount of such fees paid by the Fund to Government medical institutions, under a medical treatment plan of their employer approved by the Minister.

(2) The medical care referred to in subsection (1) shall also be provided free of charge to any person entitled to a disability pension or who was entitled to such a pension on the date on which he attained the age of sixty-three years.

41/198098(I)/1992
Payment of vocational training or retraining expenses from the Fund

The costs of participation of any person in a vocational training apprenticeship or retraining under paragraph (c) of subsection (3) of article 38 and paragraph (c) of subsection (1) of article 52 shall be paid from the Fund, as may be determined from time to time by Regulations.

41/1980
Persons abroad or serving a prison sentence
58.-(1) A person shall be deprived of the right to receive sickness, unemployment, maternity or bodily injury benefit, or disability pension for any period of time while serving a sentence of imprisonment or being held under lawful detention:

It is understood that, in the case of a person who loses the right to receive a disability pension, half of the amount of the benefit which, in the absence of such loss, would have been paid to him, shall be paid to his dependants.

(2) A person who is deprived of the right to receive sickness, unemployment, maternity or bodily injury benefits for any period of time during which he is absent from Cyprus:

It is understood that in the case of a person absent from Cyprus for the purpose of treatment due to incapacity which commenced before or after his departure from Cyprus, the payment of the sickness or bodily injury benefit for the period of such absence shall be made with the approval of the Director after the return to Cyprus of the absent person;

It is further understood that in the case of a person to whom the European Community act entitled ‘Regulation (EC) No. 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community’ applies, as amended or replaced, this paragraph shall apply for any period of time during which he is absent from Cyprus or another Member State and is in a third country:

It is further understood that in the event that a person referred to in the second reservation is absent from Cyprus or another Member State and is in a third country for the purposes of treatment due to incapacity, which began before his departure from Cyprus or another Member State, the payment of the sickness or bodily injury benefit for the period of his absence shall be made with the approval of the Director, after the return of such person to Cyprus or another Member State.

41/1980132(I)/2002
Increase in benefits for dependents
59.—(1) Where a person entitled to an old-age pension, an incapacity pension or a disability pension—

(a) He lives with his wife or is solely or mainly supported by her or has assumed solely or mainly the maintenance of her husband who is incapable of supporting himself; or

(b) maintains exclusively or primarily a minor child or a minor younger brother or sister; or

(c) has undertaken exclusively or primarily the maintenance of his father who is incapable of supporting himself, or of his widowed mother or of his mother who has not entered into marriage or whose husband is incapable of supporting himself, or of a person who has the care of his dependent child,

then the weekly amount of the basic benefit increases—

(i) in the case of an old-age pension or a disability pension as specified in Part III of the Fourth Schedule,

(ii) in the case of a disability pension as specified in Part IV of the Fifth Schedule.

(2) Where a woman who is entitled to maternity benefit—

(a) He/She is solely or primarily supporting a minor child or a minor younger brother or sister; or

(b) has undertaken exclusively or mainly the maintenance of her father who is unable to maintain himself, or of her widowed mother or of her mother who has not entered into marriage or whose husband is unable to maintain himself, or of a person who has the care of a dependent child; or

then the weekly amount of the basic benefit shall be increased as specified in Part IIA of the Fourth Schedule if the spouse of the beneficiary—

(i) is permanently incapable of supporting himself; or

(ii) does not exclusively or primarily support herself or her children; or

(iii) is serving a sentence of imprisonment for a period exceeding one year; or

(iv) is missing.

(3) Where a person who is entitled to a widow’s, widower’s, widower’s pension or missing person’s allowance under subsection (1) of section 42—

(a) He/She is solely or primarily supporting a minor child or a minor younger brother or sister; or

(b) has undertaken exclusively or primarily the maintenance of his father who is incapable of supporting himself, or of his widowed mother or of his mother who has not entered into marriage or whose husband is incapable of supporting himself, or of a person who has the care of a dependent child,

then the weekly amount of the basic benefit increases—

(i) in the case of a widow’s pension as specified in Part III of the Fourth Schedule,

(ii) in the case of a widow’s or widower’s pension as specified in Part II of the Fifth Schedule.

(4) Where a person entitled to sickness, unemployment or personal injury benefit—

(a) He/She lives with his/her spouse or supports him/her exclusively or primarily; or

(b) maintains exclusively or primarily a minor child or a minor younger brother or sister; or

then the weekly amount of the basic benefit increases—

(i) in the case of sickness benefit or unemployment benefit as specified in Part II of the Fourth Schedule,

(ii) in the case of a personal injury benefit as specified in Part I of the Fifth Schedule:

It is understood that, subject to the provisions of subsection (6) of this section, no increase shall be paid under this subsection in respect of a spouse whose amount of earnings from his/her employment or the amount of the benefit to which he/she is entitled during the same period for which the benefit is paid is equal to or greater than the amount of the increase in the benefit as specified in items (i) and (ii).

(5) In a case where a benefit is paid simultaneously to both spouses, the increase paid for dependents under this article shall be paid only to the spouse who is entitled to an increase in the benefit to a higher amount.

(6) No increase in benefit shall be paid to any person under this section in respect of any dependant who is entitled to a widow’s pension, an old-age pension, a disability pension, a missing person’s allowance, an orphan’s allowance, a disability pension, a widow’s or widower’s pension or a parent’s pension.

(7) The increase paid under subsection (1) of this section in respect of a spouse who was cohabiting with the beneficiary at or after the time of granting the pension or was supported by the beneficiary at or after the said time, may, at the discretion of the Director, be paid to the spouse if he/she has ceased to cohabit with the beneficiary.

(8) The increase paid for a dependant under this article to a person who is entitled to an old-age, disability, widowhood, widower, widower, disability pension or missing person’s allowance, ceases to be paid to the beneficiary from the date from which the dependant is paid a social pension based on the Social Pension Granting Laws.

(9) The increase which would be paid to the beneficiary, if the provisions of subsection (8) of this article did not apply, shall be paid into the Consolidated Fund of the Republic.

(10) The amount of the supplementary pension which is added to the amount of the basic pension of the beneficiary and which concerns a dependant, as specified in paragraph (1) of Part III of the Fourth Schedule, shall be restored to the beneficiary in cases where—

(a) The dependent ceases to be considered a dependent of the beneficiary; or

(b) the increase is paid to a spouse in accordance with the provisions of subsection (7); or

(c) the increase is paid for a dependent as determined in accordance with the provisions of subsection (8) of this article.

41/1980116/1985199/198718(I)/199598(I)/200051(I)/2001
Lump sum payment
59A.-(1) Any person entitled to an old-age pension, disability pension, widow’s pension, invalidity pension, orphan’s allowance, missing person’s allowance or death benefit shall also be entitled for each year to an amount equal to 1/12 of the total amount of the benefit which was paid to the said person in respect of that year.

(2) The amount referred to in subsection (1) shall be paid together with the amount of the corresponding benefit for the month of December of each year, and in the event of termination of the benefit before the aforementioned month, the said amount shall be paid together with the benefit due to the beneficiary.

41/198011/19837/1984
Requirements and crews
60.-(1) Notwithstanding the other provisions of this Law, the right to any benefit shall be established by the submission of an application for the purpose. Regulations shall provide for the time limit for the submission of applications, the circumstances under which such time limit shall be extended, the manner of submitting an application and the circumstances under which, whether an application has been submitted or not, the right to receive a benefit shall be forfeited by reason of omission or delay in submitting an application or in receiving payment.

(2) Notwithstanding the other provisions of this Law, Regulations shall also provide for the time and manner of payment of any benefit, the time of commencement of payment of the benefit first granted and the time at which any changes in the amount of the benefit shall come into effect, and may also provide for the calculation of the benefit for periods other than one week.

41/198087(I)/1997
Double rights
61.-(1) If a person who, in the absence of this section, would be entitled on the basis of his own insurance to two or more benefits paid periodically under this Law at the same time, shall be entitled to receive only the higher of such benefits, if the benefits are payable at the same rate as the benefit first granted:

It is understood that, subject to the provisions of subsection (2), the orphan’s allowance, as well as the disability pension paid as a result of an occupational accident or disease caused before the specified date, excluding any increase thereof for dependents, shall be paid regardless of the payment of any other periodically paid benefit.

(2) A person who is entitled to receive two or more disability pensions at the same time shall, in order to determine the total amount of the pensions so paid, take into account the total degree of the relevant disabilities and the highest of the two or more weekly averages of the insurable earnings paid and credited for the relevant pensions in accordance with Part IV of the Fifth Schedule:

It is understood that the total degree of disability taken into account may not exceed one hundred percent and that in no case is a supplementary benefit paid for disability caused before the specified date.

(3) A person who is entitled to a widow’s pension, a missing person’s allowance under subsection (1) of article 42 or a widow’s pension, is entitled to receive at the same time an old-age pension, an incapacity pension or a disability pension, a maternity allowance, a sickness allowance, an unemployment allowance or a bodily injury allowance, as the case may be:

It is understood that a person who is simultaneously entitled to two benefits is entitled to an increase for dependents only in the benefit for which the increase for dependents is greater and if the increase for dependents is the same in both benefits then it is paid in the benefit that was granted first.

41/198098(I)/199218(I)/1995143(I)/2001
Representation of deceased and incapacitated persons

Whenever a person who has made a claim for the grant of any benefit, or who claims to be entitled or entitled to any benefit, or the person to whom any benefit is payable, is for any reason incapable of acting, or dies, the Director may appoint such person as he may deem fit to submit the application, claim or collect the benefit as a representative or on behalf of or on behalf of the said person.

41/1980
Anapallotriot of benefits
63.-(1) Subject to the provisions of this Law, the assignment or encumbrance of a benefit, as well as any agreement to assign or encumber it, shall be void, and in the event of the bankruptcy of a person entitled to a benefit, such benefit shall not accrue to the bankruptcy trustee or to any other person acting on behalf of his creditors.

(2) No benefit shall be subject to seizure under the Civil Procedure Law.

41/1980
Return of illegally paid benefits
64.-(1) If it is proved that a person has received any sum in the form of a benefit while he was not entitled to it, the said person shall be liable to repay the sum so received, provided that it was paid to him by reason of concealment or false representation of a material fact and whether the concealment or false representation was fraudulent or not.

(2) Unless it is proved that a person liable to repay an amount received by him in the form of a benefit received it in good faith and without knowledge of the fact that he was not entitled to such amount, such amount may be withheld from any benefit subsequently due to that person without precluding the claim for it by other means.

41/1980
PART VI ADMINISTRATIVE IMPLEMENTATION OF THE LAW AND FINANCIAL ISSUES
Designation of requirements examiners and inspectors
65.-(1) The Director may appoint any of the officers serving under the Ministry of Labour and Social Insurance as a claims examiner or as an inspector for the purpose of exercising the powers and duties assigned to him by this Law.

(2) Any action which the Director is required or authorized to take under this Law may be carried out by one of the inspectors appointed under this section or by any other officer of the Ministry of Labour and Social Insurance to whom the Director may grant the relevant authorization.

41/1980
Inspectors’ powers
66.-(1) Every inspector appointed under the immediately preceding article shall, for the purposes of implementing the provisions of this Law, have the power to take the following actions, namely:

(a) at all reasonable times enter any building or other place, excluding private residences, where he reasonably believes that employees or self-employed persons are working;

(b) to conduct the necessary examination and investigation to ascertain whether the provisions of this Law are being observed or were previously observed in such building or other place;

(c) in relation to matters relating to this Law, insofar as he may reasonably request information, examine, either alone or if he considers it appropriate in the presence of another person, any person whom he may find in such premises or other place or who he reasonably believes to be or has been an employed or self-employed person, and to require him to submit to such examination;

(d) to exercise any other power necessary for the implementation of the provisions of this Law.

(2) The occupier of any such building or other place and any other person who has or has had in his service any employee, his agents and servants and any employee or self-employed person shall be obliged to furnish the inspector with all information and produce for his examination any document which he may reasonably require.

(3) Go who-

(a) wilfully delays or obstructs an inspector in the exercise of the powers conferred by this section; or

(b) refuses or neglects to answer any question put to him or to provide any information or to produce any document although he is under an obligation to do so under this section; or

(c) conceals or attempts to conceal or obstructs or attempts to obstruct any person from appearing before, or being examined by, any inspector,

is guilty of an offence and is liable to imprisonment not exceeding one year or to a fine not exceeding one thousand seven hundred euros (€1,700.00) or to both:

It is understood that no one is obliged by virtue of this article to answer a question or to give testimony that would tend to incriminate himself.

(4) Every inspector shall be provided with a certificate of his appointment, which he shall produce if requested, whenever he is required to enter any building or other place for the purposes of this Law.

41/198024(I)/2008
Medical Councils and Secondary Medical Council
67-(1) For the purposes of this Law, Medical Councils and a Secondary Medical Council are established, the composition and operation of which is regulated by Regulations.

(2) The members of the Medical Councils, the deputy chairman and the members of the Secondary Medical Council, as well as the specialist doctors, are paid a fee, the amount of which is determined by the Minister for each session or examination, as well as the amount of any expenses incurred by participation in the session or examination.

(3) The President of the Secondary Medical Council is paid a fee, the annual amount of which is determined by the Council of Ministers.

41/198096/198953(I)/2006
Social Insurance Council
68.-(1) There is hereby established a Social Insurance Council, hereinafter referred to as “the Council”, appointed by the Minister and consisting of-

(a) a President, coming from the Public Service;

(b) three persons also coming from the Public Service;

(c) ten persons appointed after the Minister has previously consulted the representative organizations of employers and employees and representing in equal measure in the Council the interests of employers and employees;

(d) four persons appointed after the Minister has previously consulted the farmers’ representative organizations and representing the interests of farmers in the Council; and

(e) three other suitable persons not falling into any of the above categories, of whom at least one person shall represent the interests of the self-employed.

(2) The members of the Council shall be appointed for a period not exceeding two years, but may be reappointed after the expiry of their term of office:

It is understood that the Minister may, for reasonable cause, revoke at any time the appointment of any of the members of the Council.

(3) The Council may issue rules governing its own procedure, the convening of its meetings and the required quorum.

(4) The Council may take decisions even if any position is vacant among its members.

(5) The Council shall study and advise on-

(a) the annual budget for administrative expenditure, including personnel needs, as well as the calculation of the income and expenses of the Fund each year;

(b) the annual accounts of the Fund;

(d) any matter arising from the application of this Law;

(e) any proposed amendment to this Law;

(f) the respective actuarial report submitted pursuant to the article of this Law;

(g) the investments of the Fund for the purpose of maximizing its reserves, taking into account the security of the Fund’s money and the proper role which such reserves are expected to play in the more general development effort and the fiscal and economic policy of the Government; and

(h) any other matter that the Minister or the Director may wish to bring to the attention of the Council.

(6) The Council shall review the activities of the Fund at least once every quarter.

41/198011/198310/198555(I)/1996
Social Insurance Fund
69.-(1) For the purposes of this Law, a Social Insurance Fund is established, called “the Fund”, consisting of three Accounts:

(a) General Benefits Account,

(b) Supplementary Benefits Account, and

(2) The former assets and all contributions made under this Law shall be paid into the Fund and shall be distributed among the Accounts referred to in subsection (1) as may be determined by Regulations:

It is understood that the amount transferred to the Unemployment Benefits Account may not exceed six percent of the contributions paid by and on behalf of employees under this Law, and no amount shall be transferred in the event that the reserve of such Account is equal to a specified maximum amount.

(2A) The Fund may accept donations for the benefit of any of the Accounts referred to in subsection (1).

(3) The General Benefits Account shall be charged to-

(a) with the expenses which are required for the implementation of the provisions of this Law other than those required for the implementation of the provisions relating to unemployment benefits, and

(b) with the payments of basic benefits and lump-sum benefits, excluding unemployment benefit.

(4) The Supplementary Benefits Account is charged with the payments of supplementary benefits, excluding the supplementary unemployment benefit.

(5) The Unemployment Benefits Account shall be charged with the payments of unemployment benefit and with the expenses required for the implementation of the provisions of this Law relating to unemployment benefits.

(6) In the event that the reserve and income of the Unemployment Benefits Account are not sufficient to cover its obligations, the difference shall be paid from the Permanent Fund of the Republic or covered by a special contribution imposed by Regulations.

(7) The Accounts of the Fund shall be examined by the Auditor General and shall be published together with his report issued on such Accounts.

(8) The money belonging to the Fund shall be invested by the Director in accordance with the relevant directives of the Minister of Finance:

It is understood that within a period of one year from the date of entry into force of this Law, the Minister of Finance and the Minister of Labor and Social Insurance shall submit to the House of Representatives a bill regarding the effective management of the Fund’s reserves by an independent Committee, after ensuring the creation of a satisfactory reserve.

(9) The Director shall submit to the House of Representatives a report on the status of the Fund’s investments for the period ending on 30th June and 31st December of each year.

41/198011/19837/1984218/199122(I)/2009
Administrative Expenses
70.-(1) All expenses which may be incurred by the Director or by any other public servant in the implementation of the provisions of this Law shall be covered by the Permanent Fund of the Republic.

(2) The amount which the Director may calculate in accordance with the instructions given to him by the Accountant General as proportionate to the expenses specified in subsection (1), shall be paid from the relevant Accounts of the Fund at such time and in such manner as the Accountant General may from time to time determine.

41/1980
Actuarial reviews
71.-(1) An actuary appointed by the Minister shall, as soon as possible after the 31st December 1982, proceed to a review of the entire application of this Law during the period ending on that date, and thereafter such actuary shall proceed to further reviews of the application of this Law for each period of three years:

It is understood that the Minister may request the conduct of a review of the application of the Law during any period ending before 31 December 1982, or earlier than the third anniversary of that date, in which case, this article shall apply as if that period were substituted for the period ending on 31 December 1982, and thus the next review of the application of the Law shall be conducted in relation to a period not later than three years from the end of the period of the last review.

(2) At each such review, the actuary shall submit to the Minister a report on the financial situation of the Fund and on the adequacy or otherwise of the contributions payable under this Law to cover the benefits payable:

It is understood that the Minister shall immediately submit to the House of Representatives an information report regarding the results of the actuary’s report on the financial situation of the Fund:

It is further understood that, subject to the provisions of the above reservation, if it is demonstrated by the conclusions of any actuarial study that the long-term sustainability of the Fund is not sufficiently ensured, the Minister, after immediately proceeding to consultations with the social partners, shall submit to the House of Representatives, no later than within one year, a bill for the further strengthening of the long-term sustainability of the Fund.

41/198022(I)/2009
Adjustment and review of benefit amounts
72.-(1) The amount of the basic benefit (and any kind of increases thereto) of the old-age pension, the widow’s pension, the disability pension, the orphan’s allowance, the missing person’s allowance, the disability pension and the death benefit, and the amount of the said benefits (and any kind of increases thereto) the relevant date of which is earlier than 6 October 1980, as well as the amount of the lump-sum benefits, shall be adjusted from the date on which the amount of the basic insurable earnings is adjusted by the percentage increase in the amount of the basic insurable earnings:

It is understood that the amount of the one-time benefits is rounded to the nearest whole number of pounds.

(2) The amount of the supplementary part of the benefits referred to in subsection (1) shall be adjusted from the date of adjustment of the amount of the basic benefits by the percentage increase in the average retail price index during the second half of each year compared to the average of this index during the second half of the previous year.

(3) On 1 July of each year, the benefits referred to in subsection (1), except for one-off benefits, shall be increased by the percentage increase in the average of the retail price index during the immediately preceding six months, compared with the average of this index during the last six months of the previous year. If this percentage is lower than one per cent, no increase shall be granted. The percentage increase shall be offset against the percentage of the immediately following increase granted in accordance with subsections (1) and (2).

41/198011/198310/198598(I)/199264(I)/199380(I)/1998
Power to issue Regulations
73.-(1) The Council of Ministers may issue Regulations for the better general implementation of the provisions of this Law, and without prejudice to its generality, may, by such Regulations, determine or regulate any matter requiring or amenable to determination or regulation, and in particular determine or regulate:-

(a) the amount of the negligible remuneration;

(b) the amount of basic insurable earnings and the maximum limit of insurable earnings;

(d) the classification of self-employed persons into occupational categories;

(e) the minimum amount of insurable earnings for each professional category of self-employed persons;

(f) the method of calculating the insurable earnings of self-employed persons up to the maximum limit of insurable earnings;

(g) the registration of insured persons and employers;

(h) any matters relating to the payment and collection of contributions including-

(i) the method of calculating or estimating the insurable earnings of specific classes or categories of employees;

(ii) the coordination thereof for the payment and collection of contributions under other Laws;

(iii) the deadlines for the payment of contributions;

(iv) the circumstances under which contributions unduly paid may be refunded;

(v) the terms of refund of contributions paid by an insured person for any year of contributions on insurable earnings exceeding the annual maximum limit of insurable earnings;

(i) the imposition of an additional fee of up to twenty-seven percent (27%) of the amount of contributions due in the event of failure to pay contributions in violation of the provisions of this Law;

(j) the provision by a doctor attending or called upon to visit a patient believed to be suffering from a disease contracted through his employment, of such particulars as may be prescribed;

(k) the circumstances of a person who is not considered to be gainfully employed.

(l) the method of crediting the insured person’s insurance account with the actuarial equivalent amount of the pension entitlement he has accrued due to his service in the European Communities;

(m) the method of calculating the actuarial equivalent amount of the right to an old-age pension by the Fund;

(n) the procedures required for the transfer of the right to an old-age pension from the Fund to a pension scheme of the European Communities;

(o) the procedures required for the transfer of old-age pension rights from a European Communities pension scheme to the Fund.

(2) Regulations made under this section shall be laid before the House of Representatives. If, after the expiration of thirty days from such laying, the House of Representatives by resolution does not amend or repeal the Regulations so laid in whole or in part, then they shall immediately after the expiration of the aforesaid period be published in the Official Gazette of the Republic and shall come into force upon such publication. In the event of their amendment in whole or in part by the House of Representatives, they shall be published in the Official Gazette of the Republic as if they had been so amended by it and shall come into force upon such publication.

41/198048/198210/19854/1987214/198796/198924(I)/200893(I)/2009
PART VII CLAIMS EXAMINATIONS AND DISPUTE RESOLUTION
Examination of an application for provision
74-(1) Every application for benefit shall be examined, without undue delay, by the Director or another officer of the Department of Social Insurance Services whom the Director authorizes for this purpose:

(2) Subject to the provisions of this article, the application for a benefit may:

(a) be approved in whole or in part, or

(b) to reject:

It is understood that, before approving or rejecting the application, the Director may refer the applicant to a specialist doctor or Medical Council for examination or to the Secondary Medical Council for re-examination, as determined by Regulations.

(3) The degree of disability, in the case of an application for a disability benefit under article 46, is calculated by the Medical Council, following referral of the applicant by the Director.

(4) In the case of an application for a death benefit under section 49, for a death believed or alleged to be due to any disease specified in accordance with subsection (3) of section 53, the case shall be referred to the Medical Council for an opinion as to the causes of death.

41/198096/198953(I)/2006
Review of claims examiner decisions
75.-(1) The claims examiner may review any decision made by him on any claim if he is satisfied that-

(a) it was issued by him while he was unaware of a material fact or while he was under a mistake as to such material fact; or

(b) since the date of the issuance of the decision, a change has occurred relevant to the circumstances of the case, and accordingly, to approve or reject the claim or, before proceeding with such approval or rejection, to refer the claim to a specialist doctor or Medical Council.

(2) In the case of a claim for a periodically paid benefit approved upon review, the payment of such benefit shall be limited to the period referred to in the notice beginning not earlier than two years before the date of the review.

(3) Whenever a claims examiner rejects or partially approves a claim, within ten days of the relevant decision, he shall send the applicant written notification of this fact, including the reasons for the decision.

41/198096/1989
Resolution of certain issues by the Director
76.-(1) If any of the following matters should arise, namely-

(a) whether any employment or class of employment is or will become insurable;

(b) whether a person is or was an employee;

(d) who is or was the employer of an employee;

(e) whether contributions are payable by or in respect of any person under section 4, section 12 or section 15;

(f) regarding the insurable earnings which must be taken into account for the purposes of this Law;

(g) whether a contribution has been paid by or in respect of any person for any period of contributions or whether insurable earnings have been credited to him for such period;

(h) regarding the correct date of birth of the insured;

(i) regarding the classification of a self-employed person in an occupational category or regarding his place of employment,

This shall be resolved, subject to the provisions of this article, by the Director.

(2) The Director may, before resolving any matter under this section, appoint any of the officers serving with the Ministry of Labour and Social Insurance to conduct an investigation into the matter, and the person so appointed may require by summons any person to attend the conduct of such investigation, give evidence or produce documents reasonably considered necessary for the conduct of the investigation.

(3) Any person who, in the opinion of the Director or the person appointed under subsection (2), has any interest in a matter being decided under this section shall be entitled to-

(a) to be present and heard during the investigation conducted in relation to such matter; and

(b) to receive a copy of the Director’s decision on this matter as well as the reasons for such decision.

(4) The Director may review his decision issued under this article if new information comes to his attention.

41/1980
Finality of decisions of the Director and Minister

In any judicial proceeding-

(a) for an offence provided for under this Law; or

(b) in relation to the payment of any contribution under this Law; or

The decision of the Director on any matter as specified in subsection (1) of section 76 shall be final for the purposes of such proceedings, unless an appeal is pending under section 78 against the decision or the time limit prescribed for such appeal has not yet expired, and in the event of an appeal against such decision of the Director, the decision of the Minister shall also be final for the said purposes, unless an appeal is pending before the Court against his decision or the time limit prescribed for such appeal has not yet expired.

41/1980
Hierarchical appeal
78.-(1) Any person who is not satisfied with a decision of the Director or the claims examiner, issued under the provisions of this Law, may, within fifteen days of the notification of the decision to him, by written application to the Minister setting out the reasons in support thereof, appeal such decision.

(2) The Minister shall examine the appeal made to him without undue delay, shall decide thereon and shall notify his decision to the appellant without delay:

It is understood that the Minister, before issuing his decision, may, at his discretion, hear or give the applicant the opportunity to support the grounds on which the appeal is based:

It is further understood that the Minister may assign an officer or a committee of officers of his Ministry to examine certain issues arising in the appeal and submit to him the findings of such examination before the Minister issues his decision on the appeal.

(3) When the ground or one of the grounds of appeal concerns an opinion or decision of a Medical Council, the Minister shall refer the case for review by the Secondary Medical Council.

(4) A person who is not satisfied with the decision of the Minister may appeal to the Court, but until the Minister issues his decision, in the event of an appeal to him, or, in the event of no appeal to him, until the expiry of the period provided for in subsection (1) for the registration of an appeal, the decision of the Director or the claims examiner shall not become enforceable.

41/198053(I)/2006
PART VIII MISCELLANEOUS PROVISIONS
Mutual agreements

For the purpose of implementing any agreement concluded with the Government of another country, providing for reciprocity in matters of social insurance and social security, and subject to the provisions of article 169 of the Constitution, the Council of Ministers may by decree amend the provisions of this Law for application to cases affected by the agreement.

41/1980
Offenses and penalties
80.-(1) Any employer or self-employed person who fails or neglects to pay any contribution or additional charge which he is required to pay under this Law, shall be guilty of an offence and shall be liable to a fine not exceeding £750, and in the case of a second or repeated conviction for the same offence, to imprisonment not exceeding one year or to a fine not exceeding three thousand four hundred euros (€3,400.00) or to both such penalties, and in the case of a second or repeated conviction for the same offence, to imprisonment not exceeding two years or to a fine not exceeding five thousand euros (€5,000.00) or to both such penalties.

(2) In the event of conviction of an employer or self-employed person for having omitted or neglected to pay a contribution or additional tax, in addition to any other penalty to which he is subject, he shall be obliged to pay to the Fund an amount equal to the amount of the contributions or additional tax which he omitted or neglected to pay, the additional tax in the event of omission or neglect to pay contributions calculated on the date of conviction, plus another amount not exceeding twenty-five percent of the said amount, and in the event of a second or repeated conviction of him for the same offence, an amount not exceeding fifty percent of this amount, as the Court may determine. order.

(3) On any conviction for failure or neglect to pay contributions, evidence may be adduced of the failure or neglect of the employer to pay other contributions which he is required to pay under this Law, in respect of the same person or any other person employed by that employer for any period prior to the date of the offence, provided that, together with the summons or warrant, notice of such intention is served, and if such failure or neglect is proved, the Court may order the employer to pay to the Fund an amount equal to the total of the contributions which he has failed or neglected to pay.

(4) Any amount payable to the Fund following a decision of the Court under this section shall be collected as a fine.

(5) Any amount paid by an employer or self-employed person under the above provisions of this article shall be deemed to be a payment made in repayment of unpaid contributions, and the employer may not recover from the employee any amount of such contributions payable by the latter.

(6) Any person who, in order to obtain the grant of any benefit or other payment under this Law and the Regulations made thereunder, whether to himself or to another person, or for any other purpose relating to this Law-

(a) knowingly or through gross negligence makes a false report or false representations; or

(b) produces or provides or causes or permits the production or provision of any document or information which he knows to be false in any material respect,

is guilty of an offence and is liable to imprisonment not exceeding three years or to a fine not exceeding eight thousand five hundred euros (€8,500.00) or to both these penalties.

(7) In the event of conviction of any person under subsection (6), the Court trying the offence may, in addition to imposing a penalty, order the refund to the Fund of the amount of the benefit or other payment unlawfully paid.

(8) Any person who violates or fails to comply with any of the provisions of this Law or the Regulations issued thereunder for which no other penalty is provided, shall be liable for each offence to imprisonment not exceeding one year or to a fine not exceeding one thousand seven hundred euros (€1,700.00) or to both such penalties.

(9) Whenever it is proven that an offence committed by a legal person in violation of this Law and the Regulations issued thereunder was committed with the consent or complicity or negligence of a director, director, secretary or other officer of the legal person or of any person acting in such capacity, both he and the legal person are guilty of such offence and are subject to criminal prosecution, and to the penalties provided in each case.

(10) Nothing contained in this article may be construed as preventing the Director from claiming by civil action any amount due to the Fund.

41/198011/198324(I)/2008
Criminal prosecution

Subject to any instructions of the Attorney General of the Republic-

(a) criminal prosecution of an offence provided for under this Law shall be carried out by the Director;

(b) any inspector or other officer who may be authorized by the Director, with the consent of the Attorney General of the Republic, may, although not a registered lawyer, prosecute, appear in Court and act in any judicial proceedings instituted under the provisions of this Law, for any offence tried summarily.

41/1980
Civil action
82.-(1) All amounts owed to the Fund may be claimed judicially as debts owed to the Republic and, without prejudice to any other measure, may constitute, as a contractual debt, the subject of a civil action brought by the Director.

(2) A civil action, having as its object the amounts due to the Fund, may be brought by an inspector or other officer authorized in this behalf by special or general instructions of the Director, and any inspector or officer so authorized may, although not a registered lawyer, direct the conduct of such action.

41/1980
Employer’s liability for loss of benefits due to own fault
83.-(1) Whenever an employer fails or is negligent-

(a) to pay any contribution under this Law and the Regulations issued thereunder, in respect of an employee employed by him; or

(b) to comply, as regards any person, with the provisions of this Law and the Regulations issued thereunder, relating to the payment and collection of contributions,

and as a result such person or his wife or widow loses in whole or in part the benefit to which he would otherwise be entitled, then such person, wife or, as the case may be, his widow, shall be entitled to claim from the employer, by civil action, as a contractual debt, an amount equal to the benefit thus lost, or, in the case of a widow’s pension, old-age pension, disability pension or missing person’s allowance, an amount equal to the amount of the pension which has been assessed by the Director as otherwise being payable to the beneficiary.

(2) Judicial measures may be taken under this section notwithstanding the fact that such measures have already been taken under any other section of this Law in respect of the same omission or negligence.

(3) Notwithstanding the provisions of any other law to the contrary, judicial measures under this section may be taken at any time within one year from the date on which the employee, his wife or widow would have been entitled, in the absence of such omission or negligence of the employer, to the now lost right to benefit.

41/1980
Payment of fines, etc. to the Fund

The fines, fees and expenses collected under this Law shall be paid into the Fund unless otherwise provided in this Law.

41/1980
Priority of contributions in the event of dissolution or bankruptcy

Among the debts of

(a) under section 38 of the Bankruptcy Law, upon the distribution of the property or assets of a bankrupt person, they are paid in priority over other debts; and

(b) pursuant to article 300 of the Companies Law, in the event of a company’s dissolution, they are paid in priority over other debts.

includes the amounts due in respect of any contribution or liability to contribute under this Law that arose before the following dates, namely-

(a) in the first case before the issuance of the decision to appoint a bankruptcy trustee; and

(b) in the second case before the date on which the dissolution of the company commenced.

41/1980
Exemption from taxation and the obligation to pay customs duties and stamp duties

The Fund is exempt from-

(a) the payment of any duty or fee payable under the customs tariff in force at any time, on machinery including accessories and spare parts for vehicles, instruments, tools, supplies and materials of all kinds which are imported for the Fund’s own use and are not intended for sale to the public;

(b) the payment of stamp duty under the law in force at any time relating to the payment of stamp duty;

41/1980
Provision of information under the Income Tax Act
86A. Notwithstanding the provisions of any other law, the Commissioner of Income Tax is obliged to provide, at the request of the Director, the necessary data and information regarding the remuneration of any person, which he holds within the framework of the powers and duties by which he is bound by the provisions of the Income Tax Laws.

41/19804/1987
Reduction of provident fund contributions and payments
87.-(1) From the specified date, the contribution rate to the provident funds operating on that date shall be reduced by three units as regards the employer’s contribution and by three units as regards the employee’s contribution:

It is understood that the said reduction is applied to the employee’s earnings on which the contributions to the provident fund are calculated, and to the extent that the amount of such earnings does not exceed the maximum limit of insurable earnings.

(2) In the event that the employer is obliged by law, scheme, collective agreement, agreement or otherwise to pay for the benefit of the employee a certain amount in addition to the amount accumulated in the provident fund for the benefit of such employee, the amount so determined shall be reduced by the amount which would otherwise have been paid into the provident fund if the reduction of contributions as in subsection (1) had not taken place, plus an amount equal to the interest which such amount would have yielded if it had been paid into the provident fund:

It is understood that in the event that the amount of the indexation allowance is not calculated for the purposes of contributions to the provident fund, the said specified amount shall be reduced by the amount which would otherwise have been paid by the employee to the provident fund if the said reduction had not taken place and by an amount equal to three percent of the amount of the employee’s insurable earnings on which the employer paid contributions under this Law, plus an amount equal to the interest which these amounts would have yielded if they had been paid to the provident fund.

(3) Any payment from a provident fund without contributions shall be reduced by an amount equal to three per cent of the amount of the employee’s insurable earnings on which the employer has paid contributions under this Law, plus an amount equal to the interest which this amount would have yielded if it had been interest-bearing as the deposits of the Fund’s surpluses.

41/1980
Reduction of benefits and contributions to occupational pension plans
88.-(1) The amount of any periodical payment paid to or in respect of an employee from any occupational pension scheme for periods of employment commencing on or after the specified date shall be reduced by the amount of the corresponding supplementary benefit paid to or in respect of the employee under this Law in respect of insurable earnings on which contributions were paid for the said periods:

It is understood that the amount of the supplementary benefit also includes any part thereof that is added under this Law to the amount of the basic old-age, widowhood or disability pension, when this is lower than the maximum amount of the basic pension that could be paid to the beneficiary.

(2) In the case of any occupational pension scheme financed by contributions from both the employer and the employee, the contribution rate of each of them to the said scheme shall be reduced equally from the appointed date taking into account the reduction referred to in subsection (1).

(3) From the appointed date, the contribution of a pensionable civil servant for a widow’s and children’s pension under the relevant legislation shall be reduced by one hundredth of the amount of his pensionable earnings under such legislation, without taking into account, however, pensionable earnings in excess of the maximum limit of insurable earnings.

41/198098(I)/2000
Non-application of the provisions of articles 87 and 88 simultaneously

In the event that an employee is simultaneously covered by a provident fund and an occupational pension scheme, either the provisions of article 87 or the provisions of article 88 shall apply to him:

It is understood that the provisions of both of the said articles may be applied, but to such an extent that the resulting total reduction does not exceed the reduction that would result if only the provisions of one article were applied.

41/1980
Transfer of entitlement to old-age pension
89A. -(1) An insured person who has established a right to an old-age pension from a pension scheme of the European Communities under the Staff Regulations of Officials of the European Communities due to his service in the European Communities, is entitled to transfer to the Social Insurance Fund the actuarial equivalent amount of this right.

(2) An insured person who enters the service of the European Communities is entitled, under the Staff Regulations of Officials of the European Communities, to transfer to a pension scheme of the European Communities the actuarial equivalent amount of the right to an old-age pension from the Fund he established before entering the service of the European Communities.

(3) For the purposes of this article, the method of crediting the insured person’s insurance account, the method of calculating the actuarial equivalent amount of the right to an old-age pension by the Fund, as well as the procedures for the transfer of these amounts are determined by Regulations issued pursuant to article 73.

93(I)/2009
Transitional provisions
90.-(1) Subject to the following provisions of this section, a former beneficiary or former insured person shall be deemed to be a beneficiary or insured person under this Law, and his rights and obligations for periods from the specified date shall be governed by this Law.

(2) From the first day of the month which includes the specified date, the weekly amount of the benefits described in the Seventh Schedule in relation to former beneficiaries shall be that shown in the said Schedule.

41/1980
Cancellations

The Social Insurance Laws of 1972 to 1980 are repealed from the appointed date.

41/1980
Entry into force

Except for section 73 of this Law which shall come into force from the date of publication of this Law in the Official Gazette of the Republic, the remaining provisions of this Law shall come into force on a date to be determined by the Council of Ministers by notification published in the Official Gazette of the Republic.

41/1980
ANNEXES
FIRST PAINTING
Article 3(a)

EMPLOYEES – INSURED AND EXEMPT JOBS

PART I – INSURED JOBS

Employment in Cyprus of a person under a contract of employment or apprenticeship or under such circumstances from which the existence of an employer-employee relationship may be inferred, including employment in the service of the Republic.
Employment of a person by virtue of a contract or circumstances as aforesaid, whenever such person has his permanent residence in Cyprus and serves as a master or member of the crew of a Cypriot ship, or as a Captain or member of the crew of an aircraft, the owner or manager of which has Cyprus as its principal place of business.
Employment in any prison in the Republic of a person serving a sentence of imprisonment.
Training in Cyprus of a person under an industrial training programme implemented by the Authority established under the Industrial Training Law 1974.
Employment of a person in a private company, in which he is a shareholder, even if his employment is not based on an employment contract or under circumstances from which the existence of an employer-employee relationship can be inferred:

It is understood that for the purposes of this paragraph the term “private company” has the meaning assigned to it by the Companies Law, Cap. 113.

Exercise of the function of the Clergy.
Employment of a person, a citizen of the Republic, in the Diplomatic Missions of the Republic abroad, with the status of on-site personnel, provided that he is not insured under the legislation of the receiving state.

PART II – EXCLUDED JOBS

Employment of a member of any of the naval, military and air forces of the Government of another country or of the Republic of Cyprus.
Employment in the public or diplomatic service of the Government of another country or of the Republic of Cyprus, whenever the employed person is recruited outside Cyprus.
Employment in the service of the employee’s spouse.
Employment of a person not having his usual residence in Cyprus if the employer of such person does not have his usual residence in Cyprus nor a place of business therein.
Employment as a secretary or clerk of an association, club, charitable foundation, school or other similar nature of organization or institution, when personal work is usually required only on an occasional basis or outside of normal working hours.
Part-time employment as a caretaker or guardian of an ancient monument.
Employment of an unpaid caregiver.
Employment of the President of a Local Government Authority.
Unpaid employment provided by the employer’s father, mother, grandfather or grandmother.
Agricultural employment in the service of the father or mother of the employed person.

SECOND PAINTING
Article 3(b)

SELF-EMPLOYED – INSURED AND EXEMPT JOBS

PART I – INSURED JOBS

Employment in Cyprus of a person employed for gain and having his usual residence in Cyprus, provided that such employment is not insurable under Part I of the First Schedule.

Part II – EXEMPT JOBS

Agricultural employment when the employed person is under sixteen years of age and lives with his parents.

THIRD PAINTING
Article 24

CONTRIBUTION CONDITIONS

(1) The conditions for contribution with regard to maternity, sickness, unemployment benefits and marriage, childbirth and funeral benefits are as follows:-

(a) the insured person must have paid insurable earnings in the lower part of insurable earnings at least equal to twenty-six times the weekly amount of the basic insurable earnings; and

(b) the insured person must have paid or credited insurable earnings at least equal to twenty times the weekly amount of basic insurable earnings for the last contribution year before the beginning of the benefit year which includes the date on which the contribution conditions are required to be met.

(2) The conditions for contributing to an old-age pension are as follows:

(a) The insured person must have paid insurable earnings, in the lower part of insurable earnings, at least equal to the product resulting from the multiplication of the number –

(i) two hundred and sixty (260) times the weekly amount of basic insurable earnings from the first Monday of 2010.

(ii) three hundred and sixty-four (364) times the weekly amount of basic insurable earnings from the first Monday of 2011, and

(iii) five hundred and twenty (520) times the weekly amount of basic insurable earnings from the first Monday of 2012 and

(b) the weekly average of his paid and credited insurable earnings, in the lower part of insurable earnings, for the period commencing on 5 October 1964, or if he reached the age of sixteen (16) years after that date, on the first day of the contribution year in which he reached that age, and ending on the last week before the week including the relevant date, is at least equal to 30% of the weekly amount of basic insurable earnings:

It is understood that, in the case of a person insured under the repealed Social Insurance Laws of 1956 and 1961, who reached the age of sixteen (16) years before 5 October 1964, the weekly average is calculated taking into account the period beginning on 7 January 1957 or the first day of the contribution year in which he reached the age of sixteen (16), if this is later than 7 January 1957, and ending on the last week before the week which includes the relevant date, provided that this calculation is more beneficial for the beneficiary of the benefit:

It is further understood that, for the purposes of calculating the number of weeks included in the period taken into account for the extraction of the weekly term of paid and credited insurable earnings, if any year includes fifty-three (53) weeks, it shall be deemed to include fifty-two (52) weeks.

(3) The contribution condition for a lump sum old age benefit is that the insured person has paid insurable earnings, in the lower part of insurable earnings, at least equal to the product resulting from the multiplication of the number –

(i) two hundred and eight (208) times the weekly amount of basic insurable earnings from the first Monday of 2010,

(ii) two hundred and sixty (260) times the weekly amount of basic insurable earnings from the first Monday of 2011, and

(iii) three hundred and twelve (312) times the weekly amount of basic insurable earnings from the first Monday of 2012.

(4) The contribution conditions for a disability pension are the following:

(a) The insured person must have paid insurable earnings, in the lower part of insurable earnings, at least equal to the product resulting from the multiplication of the number one hundred and fifty-six (156) by the weekly amount of the basic insurable earnings;

(b) The weekly average of his paid and credited insurable earnings, in the lower part of insurable earnings, for the period commencing on 5 October 1964 or, if he reached the age of sixteen (16) years, after that date, on the first day of the contribution year in which he reached that age, and ending on the last week before the week including the relevant date, is at least equal to 25% of the weekly amount of basic insurable earnings:

It is further understood that, for the purposes of calculating the number of weeks included in the period taken into account for the extraction of the weekly average of paid and credited insurable earnings, if any year includes fifty-three (53) weeks, it shall be deemed to include fifty-two (52) weeks and

(c) The insured person, during the last contribution year, before the start of the benefit year that includes the relevant date, must have paid or credited insurable earnings equal to at least the product resulting from the multiplication of the number twenty (20) by the weekly amount of the basic insurable earnings:

It is understood that this condition is also considered to be satisfied when the average of paid and credited insurable earnings of the last two (2) years of contributions, before the start of the benefit year that includes the relevant date, is at least equal to the product resulting from the multiplication of the number twenty (20) by the weekly amount of the basic insurable earnings.

(5) The contribution conditions for a widow’s pension are met if the deceased or the deceased spouse, as the case may be, satisfies the conditions referred to in subparagraphs (a) and (b) of paragraph (4) of this Table.

(6) The contribution condition for a lump sum widowhood benefit is that the deceased or the deceased spouse, as the case may be, has paid insurable earnings, in the lower part of insurable earnings, at least equal to the product resulting from the multiplication of the number one hundred and fifty-six (156) by the weekly amount of the basic insurable earnings.

FOURTH PAINTING
Article 27

AMOUNT AND AMOUNT OF BENEFITS

PART I – WEDDING, FUNERAL AND FUNERAL BENEFITS

Type of Service
Amount of assistance

cent

Wedding aid 90.00
Childbirth aid 67.00
Funeral aid 90.00

PART II – SICKNESS AND UNEMPLOYMENT BENEFITS

Weekly benefit amount
Basic provision Supplementary benefit
60% of the weekly average of the insurable earnings paid and credited to the lower part of insurable earnings during the last contribution year before the benefit year which includes the date on which the contribution conditions are required to be met, of the amount thus found increased by 1/3 thereof for a dependent spouse and by 1/6 thereof for each other dependant up to a maximum number of two other dependants. In the event that an increase in benefit is not paid for a dependent spouse for reasons other than those referred to in the proviso to subsection (4) of section 59, the amount of the increase in benefit that would have been paid for a dependent spouse shall be paid to another dependant, the maximum number of whom shall be three. 50% of the weekly average of the insurable earnings paid and credited to the upper part of insurable earnings during the last contribution year before the benefit year which includes the date on which the contribution conditions are required to be met, but in no case shall the weekly amount of the supplementary benefit exceed the weekly amount of the basic insurable earnings.

PART II – MATERNITY BENEFIT

Weekly benefit amount
Basic provision Supplementary benefit
75% of the weekly average of the insurable earnings paid and credited to the lower part of insurable earnings during the last contribution year before the benefit year which includes the date on which the contribution conditions are required to be met, increasing to 80%, 90% or 100%, when the beneficiary has, respectively, one dependant, two dependants or more than two dependants.
75% of the weekly average of the insurable earnings paid and credited to the upper part of insurable earnings during the last contribution year before the benefit year which includes the date on which the contribution conditions are required to be met.

PART III – OLD AGE, DISABILITY AND WIDOW’S PENSIONS

Weekly benefit amount
Basic provision Supplementary benefit
(a) Old age pension:

60% of the weekly average of paid and credited insurable earnings in the lower part of insurable earnings, as derived under subparagraph (b) of paragraph (2) of the Third Schedule, increasing to 80%, 90% or 100% where the beneficiary has one (1), two (2) or three (3) dependants, respectively

(b) Disability and widow’s pension:

60% of the weekly average of paid and credited insurable earnings in the lower part of insurable earnings as derived under subparagraph (b) of paragraph (4) of the Third Schedule, increasing to 80%, 90% or 100% when the beneficiary has one (1), two (2) or three (3) dependants, respectively.

(a) Old age pension and disability pension:

One fifty-second of 1.5% of the total insurable earnings paid and credited to the upper part of insurable earnings, not counting, however, such earnings referred to in the week which includes the relevant date.

(b) Widow’s pension:

60% of the amount found as in paragraph (a).

(1) In the event that the amount of the basic old-age, widowhood or disability pension is lower than the maximum amount of the basic pension that could be paid to the beneficiary, a portion of the supplementary pension is added to the amount of the basic pension up to the maximum amount of the basic pension that could be paid to the beneficiary and the amount of the supplementary pension is reduced accordingly.

(2) In the case of an invalidity or widow’s pension granted under the reservation of subsection (1) of section 38 or subsection (3) of section 39, as the case may be, the weekly amount of the basic benefit shall be calculated on the basis of the insurable earnings paid and credited during the last completed contribution year before the benefit year which includes either the date of the accident or the relevant date of the invalidity or widow’s pension, as the case may be, if such calculation is more beneficial to the beneficiary.

(3) If the insured person received a disability pension immediately before reaching the age of 63 for total loss of pre-earning capacity, the amount of the old-age pension is equal to the amount of the disability pension he received.

(4) If the insured person received a disability pension for a loss of earning capacity that was not total or a disability pension based on the provisions of subsection (3) of article 47, the amount of the old-age pension is equal to the amount of the disability pension that he would have received if his loss of earning capacity had been total.

(5) Mutatis mutandis, the provisions of paragraphs (2) and (3) shall also apply in the case of a widow’s pension, if the insured person was receiving, immediately before his death, a disability pension or a disability pension based on the provisions of subsection (3) of article 47.

(6) In the event that the total weekly amount of benefit calculated under this Part is less than eighty-five percent of the maximum amount of basic benefit that could be paid to the beneficiary, the amount of basic benefit shall be increased by the amount of the difference between the calculated total amount of benefit and seventy-seven percent of the said maximum amount of basic benefit.

It is understood that the expenditure resulting from the increase in the percentage of seventy percent (70%) to eighty-five percent (85%) will be paid by the Consolidated Fund of the Republic to the Social Insurance Fund and will be equal to a percentage of the annual expenditure for the basic old-age, widowhood and disability pensions, which will be determined by the Fund’s actuary every three years based on the latest actuarial review of the Fund.

(7) Where the loss of earning capacity is not total, the amount of the disability pension is-

(a) For a loss of less than 66 2/3%, equal to 60% of the amount of the disability pension as calculated according to this Table;

(b) for a loss of 66 2/3% up to 75%, equal to 75% of the amount of the said pension; and

(8) In the case of an insured person who is not entitled to an increase in old-age or disability pension benefits for a dependent spouse, an increase in benefits is paid for a maximum of two other dependents and the amount for each other dependent is equal to 1/6 of the amount of the basic benefit without an increase for dependents.

(9) Where a person is simultaneously entitled to—

(a) Widow’s pension or widow’s pension and old-age pension, as the case may be, or

(b) widow’s pension or widow’s pension and disability pension, as the case may be, the total amount of the supplementary pensions may not exceed the amount of the supplementary old-age pension to which the widow would be entitled if she paid contributions on the maximum limit of insurable earnings for the period from the commencement of her husband’s or her own insurance, whichever is earlier, until she reaches pensionable age.

PART IV – ORPHANAGE ALLOWANCE

(a) Weekly benefit amount under subsections (1) and (2) of article 40
Basic provision Supplementary benefit
40% of the weekly amount of basic insurable earnings. 50% of the supplementary benefit of the widow’s pension which was or would have been paid on the death of the orphan’s parent, and in the event that the benefit is paid in respect of more than two orphans, the weekly amount of the benefit is reduced accordingly so that the sum of the benefit paid in respect of all orphans does not exceed the total amount of the supplementary benefit of the widow’s pension.
In the event that both parents were insured, the weekly amount of the supplementary benefit is calculated taking into account the parent’s insurance, which is more beneficial for the orphan.
(b) Weekly benefit amount pursuant to subsections (3) and (4) of article 40
For a minor Between two minors Between three minors
20% of the weekly amount of basic insurable earnings. 30% of the weekly amount of basic insurable earnings. 40% of the weekly amount of basic insurable earnings.
FIFTH PLATE
(Article 43)

PROVIDED DUE TO OCCUPATIONAL INJURIES

PART I – BODILY INJURY BENEFIT

Weekly benefit amount
Basic provision Supplementary benefit
60% of the weekly amount of the basic insurable earnings of those referred to in the second proviso to section 23, the amount thus determined increased by 1/3 thereof for a dependent spouse and by 1/6 thereof for each other dependant up to a maximum number of two other dependants. In the event that an increase in benefit is not paid for a dependent spouse for reasons other than those referred to in the proviso to section (4) of section 59, the amount of the increase in benefit that would have been paid for a dependent spouse shall be paid to another dependant, the maximum number of whom shall be three. 50% of the weekly average of the insurable earnings paid and credited to the upper part of insurable earnings during the last contribution year before the benefit year which includes the date on which the accident occurred, but in no case shall the weekly amount of the supplementary benefit exceed the weekly amount of the basic insurable earnings.
In the event that the beneficiary of a personal injury benefit would be entitled at the same time to a sickness benefit, the weekly amount of the personal injury benefit may not be lower than the weekly amount of the sickness benefit to which he would be entitled. 15 of Law 116/85.

PART II – BENEFITS IN CASE OF DEATH

Type of supply Weekly benefit amount
Basic provision Supplementary benefit
Widow’s pension/Widower’s pension. 60% of the weekly amount of basic insurable earnings, the amount thus determined increased by 1/3 of this for one dependent, by ½ of this for two dependents and by 2/3 of this for three or more dependents. 60% of the supplementary benefit of the 100% disability pension as determined in accordance with Part IV of this Table.
Parent’s pension. 40% of the weekly amount of basic insurable earnings. 30% of the amount of the supplementary benefit of the 100% disability pension as determined in accordance with Part IV of this Table.
Orphan’s allowance pursuant to paragraphs (a) and (b) of subsection (6) of article 49. 40% of the weekly amount of basic insurable earnings. 50% of the supplementary benefit of the widow’s/widower’s pension which was or would have been paid on the death of the orphan’s parent, and in the event that the benefit is paid in respect of more than two orphans, the weekly amount of the benefit is reduced accordingly so that the sum of the benefit paid in respect of all orphans does not exceed the total amount of the supplementary benefit of the widow’s or widower’s pension.
Orphan’s allowance pursuant to paragraphs (c) and (d) of subsection (6) of article 49.
For a minor: 20% of the weekly amount of basic insurable earnings.

For two minors: 30% of the weekly amount of basic insurable earnings.

For three minors: 40% of the weekly amount of basic insurable earnings.

In the event that both parents have died as a result of a physical injury caused by an occupational accident, the weekly amount of the supplementary orphan’s benefit is calculated taking into account the parent’s insurance, which is more beneficial for the orphan.

PART III – DISABILITY BENEFIT

Degree of disability Amount of assistance
% cent
10 480.00
11 529.00
12 577.00
13 624.00
14 673.00
15 721.00
16 769.00
17 817.00
18 865.00
19 913.00

PART IV – DISABILITY PENSION

Weekly benefit amount for a degree of disability of 100%
Basic provision Supplementary benefit
60% of the weekly amount of basic insurable earnings, the amount thus determined increased by 1/3 of this for one dependent, by ½ of this for two dependents and by 2/3 of this for three or more dependents.
60% of the weekly average of the insurable earnings paid and credited to the upper part of insurable earnings for the period ending in the last week before the week of the relevant accident and including the two completed years of contributions before that week:

It is understood that in no case shall any period prior to the specified date be taken into account.

(1) For a degree of disability below 100%, the weekly benefit amount is proportional to the degree of disability.
(2) In the case of an insured person who is not entitled to an increase in disability pension benefits for a dependent spouse, an increase in benefits is paid for a maximum of two other dependents and the amount for each other dependent is equal to 1/6 of the amount of the basic benefit without an increase for dependents.
(3) When a person is simultaneously entitled to a widow’s pension or a widow’s pension and a disability pension paid due to an industrial accident or disease, as the case may be, the total amount of the supplementary pensions may not exceed the amount of the supplementary old-age pension to which the widow would be entitled if she paid contributions on the maximum limit of insurable earnings for the period from the commencement of her husband’s or her own insurance, whichever is earlier, until she reaches pensionable age.
OFF THE PICTURE
Article 46

DISABILITY DEGREES

Serial No. Description of Physical Injury Degree of disability in percent
1 Loss of two limbs 100
2 Loss of both hands or all fingers 100
3 Total loss of vision 100
4 Total paralysis 100
5 Injuries resulting in permanent immobility 100
6 Loss of both eyes, one-eyed employee 100
7 Loss of the only remaining upper limb, one-handed employee
8 Loss of the only remaining lower limb, a one-legged employee
9 Loss of a limb and a foot
10 Any other injury resulting in total permanent disability
11 Very severe facial disfigurement
12 Complete deafness

Cases of amputation

Upper extremities

(other upper limb)

13 Amputation through the shoulder joint
80
14 Amputation of the arm between the elbow and shoulder 70
15 Loss of the forearm at the elbow 70
16 Loss of the forearm between the wrist and elbow 70
17 Loss of the hand limb at the wrist 60
18 Loss of all fingers on one hand 60
19 Loss of 4 fingers on one hand but not the thumb 40
20 Loss of thumb. Both phalanges 30
21 Loss of thumb. One phalanx 20
22 Loss of index finger. Three phalanges 14
23 Loss of index finger. Two phalanges 11
24 Loss of index finger. One phalanx 9
25 Loss of middle finger. Three phalanges 12
26 Loss of middle finger. Two phalanges 9
27 Loss of middle finger. One phalanx 7
28 Loss of middle or little finger. Three phalanges 7
29 Loss of middle or little finger. Two phalanges 6
30 Loss of middle or little finger. One phalanx 5
31 Loss of little finger. Three phalanges 7
32 Loss of little finger. Two phalanges 6
33 Loss of little finger. One phalanx 5
34 Loss of metacarpal bones – 1st or 2nd (or both) 5
Loss of metacarpal bones – 3rd, 4th or 5th (or all together) 4
Cases of amputation

Lower extremities

35 Bilateral amputation through the thigh or through the thigh on one side and loss of the other leg or bilateral amputation below the knee 100
36 Bilateral amputation of part of the lower leg less than 5 inches below the knee 100
37 Amputation of one leg below 5 inches from the knee and loss of the other leg 100
38 Amputation of both legs resulting in a stump 90
39 Amputation through both feet behind the metatarsophalangeal joint 80
40 Loss of all toes of both feet through the metatarsophalangeal joint 40
41 Loss of all toes of both feet posterior to the posterior interphalangeal joint 30
42 Loss of all toes of both feet anterior to the posterior interphalangeal joint 20
43 Amputation through the hip joint 90
44 Amputation below the hip joint with a stump not exceeding five inches in length measured from the tip of the greater trochanter 80
45 Amputation below the hip joint with a stump exceeding 5 inches in length measured from the tip of the greater trochanter, but not exceeding the mid-thigh 70
46 Amputation below mid-thigh and up to 3 ½ inches above the knee 60
47 Below-the-knee amputation with a stump exceeding 3 ½ inches but not exceeding 5 inches 50
48 Below-the-knee amputation with a stump exceeding 5 inches 40
49 Amputation of a leg resulting in a stump 40
50 Amputation through one foot behind the metatarsophalangeal joint 40
51 Loss of all toes of one foot posterior to the metatarsophalangeal joint including amputation through the metatarsophalangeal joint 20
52 Loss of the big toe. And the two phalanges 10
53
Loss of the big toe (one phalanx)

Loss of the big toe (partial loss after loss of part of the bone)

Loss of toes of other feet or the big toe: Each

5
54 Loss of toes of other feet, or of the big toe – Part after partial loss of bone 3
Other specific physical injuries 3
55 Loss of one eye, without complications, the other being normal 1
56 Loss of vision in one eye without complications or deformation of the eyeball, the other being normal 40
57 Hearing loss in one ear 30
Total post-traumatic ankylosis of the limbs and joints

Total ankylosis:

20
58 Of the spine 30
59 Shoulder 40
60 Elbow 30
61 Carp 30
62 Superior and inferior radial ulnar 30
63 Thumb (first metacarpophalangeal) 30
64 A joint of any finger except the thumb 3
65 All three joints of a finger of the hand except the thumb 10
66 The joints of all the fingers (of the hand) except those of the thumb 30
67 The finger joints of all fingers (of the hand) including those of the thumb 40
68 Hip joint 40
69 Knee 19
70 Ankle joint 19
71 SUBTAILAR (subtalar joint group) 19
72 Big toe (first metatarsophalangeal) 19
73 Toe joint (foot) 10
Post-traumatic paralysis of limbs or parts of the body
74 Total paralysis due to spinal cord injury 100
Total paralysis:
75 Brachial plexus 70
76 Radial nerve 50
77 Median nerve 40
78 Ulnar nerve 40
79 Sciatic nerve 70
80 Inside the popliteal fossa 40
81 Outside the popliteal fossa 30

In the case of a right-handed person, the degree of disability due to damage to the right arm or right hand, and in the case of a left-handed person, due to damage to the left arm or left hand, is increased by ten percent of the said degree.
In the event of post-traumatic shortening of a lower limb, the degree of relative disability is increased by ten percent thereof.
The degree of disability for partial post-traumatic ankylosis or paralysis is calculated accordingly, taking into account the degree of disability for the corresponding total ankylosis or paralysis.
The degree of disability of cases not specified in this Table shall be calculated on the basis of the general principles referred to in subsection (2) of article 46, taking into account cases of equal or similar effect specified in such Table.

SEVENTH PLATE
(Article 90)

AMOUNT OF BENEFITS PER BENEFICIARY

I. PROVIDES EXCEPT FOR PROFESSIONAL INJURIES

Weekly Benefit Amount
Type of Service Annual average of contributions paid or credited
50 45-49 40-44 35-59 30-34 25-29 20-24
mills mills mills mills mills mills mills
Widow’s pension
Old age pension } 7,895 7,055 6,215 5,375 4,535 3,695
Disability pension 8,400
Increase by-
(a) a dependent 2,630 2,350 2,070 1,790 1,510 1,230
(b) two dependents 2,800 3,950 3,530 3,110 2,690 2,270 1,850
(c) three or more dependents 4,200 5,265 4,705 4,145 3,585 3,025 2,465
Orphanage Allowance 5,600 mils

II. BENEFITS DUE TO OCCUPATIONAL INJURIES

I. BENEFITS IN CASE OF DEATH

Type of Service Basic Increase Increase for a dependent Increase for two dependents Increase by a multiple of two dependents
mills mills mills
mills
Death benefits-
Widow’s/widower’s pension 8,400 2,800 4,200 5,600
Parent’s composition 5,600 – – –

DISABILITY PENSIONS

Degree of Disability Basic Increase for a dependent Increase for two dependents Increase by a multiple of the two dependents
% mills mills mills mills
100 8,400 2,800 4,200 5,600
90 7,560 2,520 3,780 5,040
80 6,720 2,240 3,360 4,480
70 5,880 1,960 2,940 3,920
60 5,040 1,680 2,520 3,360
50 4,200 1,400 2,100 2,800
40 3,360 1,120 1,680 2,240
30 2,520 0.840 1,260 1,680
20 1,680 0.560 0.840 1,120
Note
3 of L48/82 Entry into force and scope of application of this Law
3 of Law 48/82.-(1) Subject to the hereinafter provisions of this article, the force of this Law shall commence on October 4, 1982.

(2) Any self-employed person who has paid contributions for any period of contributions before the date of commencement of this Law shall be entitled, upon application to the Director, to request the application of the Regulations issued under the Social Insurance (Amendment) Law of 1982, as if they were in force from the 6th October, 1980, and if from such application it appears that he has paid contributions for any such period on insurable earnings exceeding his actual income, the amount of the contributions on the amount of the difference between his actual income and the amount of the insurable earnings on which he has paid contributions shall be credited to his benefit for the payment of contributions which became payable after the date entry into force of this Law.

(3) Every self-employed person who has not paid contributions for any period of contributions before the date of commencement of this Law shall be entitled, upon application to the Director, to request the application of the Regulations issued under the Social Insurance (Amendment) Law of 1982 and, if he so desires, to pay contributions for any such period under such Regulations, as if they were in force from the 6th day of October, 1980.

Contributions in respect of any such contribution period may be paid up to December 31, 1985 and no additional fee shall be payable in respect of such contributions.

Insurable earnings relating to any of the above contribution periods on which contributions are not paid due to the death of the self-employed person shall be considered as paid insurable earnings if the contributions on such insurable earnings are paid by the beneficiary of the widow’s pension no later than six months from the day on which the death of the self-employed person occurred.

Insurable earnings relating to any such contribution period on which contributions are not paid after the day on which the event for which the grant of a benefit is required occurred shall also be considered as paid insurable earnings if the contributions on such insurable earnings are paid by the claimant for such benefit not later than six months from the day on which such event occurred.

(4) The application referred to in subsections (2) and (3) shall be submitted to the Director not later than December 31, 1982.

Note
23 of Law 11/83 Increase in benefits for former beneficiaries
23 of Law 11/83. The amount of benefits granted to former beneficiaries is adjusted from 1 January 1983 by multiplying the amounts shown in the Seventh Table of the basic law by the coefficient 1.292.

Note
24 of L11/83 Increase in old age, disability, widowhood pensions,
24 of Law 11/83. The weekly amount of the basic old-age, disability, widowhood pension, the basic orphan’s and missing person’s allowance, the basic death benefit and the basic disability pension, whenever the relevant date falls between 6 October 1980 and 31 March 1983, both dates inclusive, shall be adjusted from 1 January 1983 by multiplying this by the coefficient 1.292, and the weekly amount of the corresponding supplementary benefit shall be adjusted from the same date by multiplying this by the coefficient 0.969.

Note
25 of Law 11/83 Entry into force of this Law
Subject to the provisions of Law 11/83, this Law shall enter into force on 4 April 1983.

Note
17 of N7/84Increase in benefits
17 of Law 7/84.-(1) The amount of the basic benefit (and any kind of increases thereto) of the old-age pension, the widow’s pension, the disability pension, the orphan’s allowance, the missing person’s allowance, the disability pension and the death benefit, the relevant date of which falls within the period from October 6, 1980 to December 31, 1983, as well as the amount of the said benefits (and any kind of increases thereto), the relevant date of which is earlier than October 6, 1980, shall be increased by 12.24%.

(2) The amount of the supplementary benefit of the benefits referred to in paragraph (1) whose relevant date is earlier than January 1, 1984, shall be increased by 5.2%.

Note
18 of Law No. 7/84Method of calculating special contribution credits
Contributions credited under subsections (2) and (3) of section 10 of the repealed Social Insurance Laws of 1972 to 1980 for the purposes of benefits the relevant date of which falls on or after 1 January, 1984, shall be calculated as if the weeks of contributions in respect of which contributions were not paid or credited during the 1973-1974 contribution year fell within the period from 1 July, 1974 to 6 October, 1974, provided that the number of such weeks does not exceed 13:

It is understood that in no case may more than 13 contributions be credited, and the total of contributions and credits for the said year may not exceed the annual average or number of contributions, as the case may be, referred to in subsection (2) of the said article 10.

Note
19 of L7/84 Entry into force of this Law
(1) Subject to the provisions of subsections (2) to (4), the force of this Law shall commence upon its publication in the official gazette of the Republic.

(2) The force of article 3 shall commence on February 6, 1984.

(3) Article 6 and paragraph (a) of Article 7 shall apply from the 1983 contribution year.

(4) The force of paragraph (b) of article 7, articles 8, 9, 10, 11, 12, 14, paragraphs (b) and (c) of article 15, paragraph (a) of article 16, and articles 17 and 18, shall be deemed to have commenced on January 1, 1984.

Note
9 of N10/85 Entry into force of this Law
The force of this Law [S.S.: namely Law 10/85] shall commence on the day of its publication in the official gazette of the Republic, with the exception of article 6, the force of which shall be deemed to have commenced on January 7, 1985.

Note
16 of L116/85 Entry into force of this Law
16 of Law 116/85.-(1) Subject to the provisions of subsection (2), the force of this Law shall commence on 4 November 1985.

(2) The force of paragraphs (b), (c) and (e) of article 10 and paragraph (d) of article 14 shall commence on 1 November 1985.

Note
12 of Law 199/87Transfer of amount to the Unemployment Benefits Account
12 of Law 199/87. Amounts of ?502,000 and ?317,000, respectively, are transferred to the Unemployment Benefits Account from the General Benefits Account and from the Supplementary Benefits Account.

Note
13 of L199/87Date of entry into force of this Law
13 of Law 199/87. The force of this Law shall commence on a date to be determined by the Council of Ministers by notice published in the official gazette of the Republic, and different dates may be determined for the entry into force of the various provisions of this Law.

Note
15 of L96/89 Entry into force of this Law
15 of Law 96/89.-(1) Subject to the provisions of subsection (2) of this article, the force of this Law shall commence on 3 July 1989.

(2) Article 14 shall come into force on 1 July 1989.

Note
6 of Law 17/90Transitional provisions
An insured person who, on the date of entry into force of this Law, is between sixty-three and sixty-five years of age is considered to have reached pensionable age on that date.

Note
7 of Law No. 17/90 Entry into force
The force of this Law shall enter into force on 2 April 1990.

Note
23 of N98(I)/92 Entry into force of this Law
The provisions of this Law shall enter into force on 1 January 1993, with the exception of articles 3, 5 and 6 which shall come into force on the first day of the contribution month of January 1993.

Note
4 of N64(I)/93 Entry into force
The provisions of this Law shall enter into force on the first day of the contribution month of January 1994.

Note
9 of N18(I)/95 Entry into force of this Law
(1) Subject to the provisions of subsection (2), this Law shall come into force on 1 May 1995.

(2) The force of articles 5 and 6 shall commence from the date of entry into force of the Social Pension Grant Law of 1995.

Note
6 of N80(I)/98Entry into force of this Law
(1) Subject to the provisions of subsections (2) and (3), the force of this Law shall commence from the date of its publication in the Official Gazette of the Republic.

(2) The provisions of articles 2 and 3 of this Law shall also apply in cases of benefits whose relevant date is prior to the date of entry into force thereof, while the beneficiary has not exhausted the right to the benefit on that date.

(3) The provisions of the new paragraph (1) of Part III of the Fourth Schedule shall also apply to old-age, widowhood or disability pensions the relevant date of which is before the date of entry into force of this Law, but in no case shall any increase be paid to a pension beneficiary for periods prior to the date of entry into force of this Law.

Note
3 of L55(I)/99 Entry into force of this Law
The provisions of this Law shall enter into force on 1 January 1999.

Note
4 of Law 98(I)/2000Entry into force of Law 98(I)/2000
(1) Subject to the provision of subsection (2), the force of this Law [S.S.: namely L.98(I)/2000] shall commence on the date of its publication in the Official Gazette of the Republic.

(2) The force of article 2 of this Law [S.S.: namely L.98(I)/2000] is deemed to have commenced on 1 January 2000.

Note
3 of Law 99(I)/2000Entry into force of Law 99(I)/2000
The provisions of this Law [S.S.: namely Law 99(I)/2000] shall be deemed to have come into force on 1 July 2000.

Note
7 of Law 51(I)/2001Entry into force of Law 51(I)/2001
The provisions of this Law [S.S.: namely L.51(I)/2001] shall enter into force six months after its publication in the Official Gazette of the Republic.

Note
4 of Law 135(I)/2001Entry into force of Law 135(I)/2001
This Law [S.S.: namely L.135(I)/2001] is deemed to be in force from 1 January 2001.

Note
7 of Law 143(I)/2001Entry into force of Law 143(I)/2001
The provisions of this Law [S.S.: namely L.143(I)/2001] shall be deemed to have come into force on 1 January 2001.

Note
6 of Law 71(I)/2002Entry into force of Law 71(I)/2002
This Law [S.S.: namely Law 71(I)/2002] shall enter into force on 1 January 2003.

Note
5 of Law 132(I)/2002Entry into force of Law 132(I)/2002
This Law [S.S.: namely L.132(I)/2002] shall enter into force by decision of the Council of Ministers which shall be published by notification in the Official Gazette of the Republic.

Note
3 of Law 10(I)/2005Entry into force of Law 10(I)/2005
The force of this Law [S.S.: namely 10(I)/2005] is deemed to have begun on 1 January 2003.

Note
2 of Law 142(I)/2005Transfer of amount to the Unemployment Benefits Account
An amount of £25.2 million is transferred from the Fund’s Supplementary Benefits Account to the Unemployment Benefits Account.

Note
7 of Law 53(I)/2006Entry into force of Law 53(I)/2006
Articles 2 and 6 of this Law [S.S.: namely L.53(I)/2006] shall enter into force on 1 July 2006.

Note
3 of Law 164(I)/2007 Entry into force of Law 164(I)/2007
This Law [S.S.: namely L.164(I)/2007] shall enter into force on 1 January 2008.

Note
9(I)/2008Entry into force of Law 9(I)/2008
The validity of this Law [S.S.: namely L.9(I)/2008] is deemed to have commenced on 25 July 2007.

Note
2 of Law 22(I)/2009Editor’s Note
According to article 2 of Law 22(I)/2009 which provides the following:

“Subsection (1) of Article 5 of the basic law and the proviso to the same subsection are amended by replacing the percentages “16.6%” (third line), “6.3%” (fourth line), “6.3%” (sixth line), “4%” (seventh line), “9.4%” (thirteenth line) and “3.2%” (fifteenth line), with the following percentages and adding to each paragraph the date of entry into force of the said percentages, respectively:

(a) “17.9%”, “6.8%”, “6.8%”, “4.3%”, “10.15%” and “3.45%” from the contribution year beginning on or after 1.4.2009,

(b) “19.2%”, “7.3%”, “7.3%”, “4.6%”, “10.9%” and “3.7%” from the contribution year beginning on or after 1.1.2014,

(d) “21.8%”, “8.3%”, “8.3%”, “5.2%”, “12.4%” and “4.2%” from the contribution year beginning on or after 1.1.2024,

(e) “23.1%”, “8.8%”, “8.8%”, “5.5%”, “13.15%” and “4.45%” from the contribution year beginning on or after 1.1.2029,

(f) “24.4%”, “9.3%”, “9.3%”, “5.8%”, “13.9%” and “4.7%” from the contribution year beginning on or after 1.1.2034, and

(g) “25.7%”, “9.8%”, “9.8%”, “6.1%”, “14.65%” and “4.95%” from the contribution year beginning on or after 1.1.2039.”

Section 1 of the law has been adapted to be consistent with the provisions of the above amending law.

Note
4 of Law 22(I)/2009Editor’s Note
According to article 13 of Law 22(I)/2009 which provides the following:

“Article 13 of the basic law is amended by replacing the rates “15.6%” (second line), “11.6%” (fourth line), and “4.0%” (fifth line) with the following rates and adding to each paragraph the date of commencement of the period of validity of said rates, respectively:

(a) “16.9%”, “12.6%”, and “4.3%” from the first Monday of April 2009,

(b) “18.2%”, “13.6%” and “4.6%” from the first Monday of 2014,

(d) “20.8%”, “15.6%” and “5.2%” from the first Monday of 2024,

(e) “22.1%”, “16.6%”, and “5.5%” from the first Monday of 2029,

(f) “23.4%”, “17.6%” and “5.8%” from the first Monday of 2034, and

(g) “24.7%”, “18.6%” and “6.1%” from the first Monday of 2039.”

Article 13 of the law has been adapted to be consistent with the provisions of the above amending law.

Note
14 of Law 22(I)/2009Entry into force of Law 22(I)/2009
(1) Subject to the provisions of subsections (2) and (3), this Law [S.S.: namely L.22(I)/2009] shall come into force on 6 April 2009.

(2) Articles 2 and 3 of this Law [S.S.: namely L.22(I)/2009] shall enter into force on 1 April 2009.

(3) Articles 6, 7, 8, 9, 12 and 13 shall enter into force on 4 January 2010.

Note
96 of Law 59(I)/2010Repeal
The Social Insurance Laws of 1980 to (No. 3) of 2009 are repealed from the date of entry into force of this Law [S.S.: namely L.59(I)/2010].

Note
97 of Law 59(I)/2010Transitional provision
An insured person or beneficiary under the repealed law is considered an insured person or beneficiary under this Law [S.S.: i.e. Law 59(I)/2010] and his rights and obligations, from the date of entry into force of this Law [S.S.: i.e. Law 59(I)/2010], are governed by this Law [S.S.: i.e. Law 59(I)/2010].

Note
98 of Law 59(I)/2010Entry into force of Law 59(I)/2010
The date of entry into force of this Law [S.S.: namely Law 59(I)/2010] will be determined by the Council of Ministers, by notification published in the Official Gazette of the Republic.

Leave a ReplyCancel Reply