The Social Insurance Law of 2010 (59(I)/2010)

Preamble
The House of Representatives votes as follows:

PART I INTRODUCTORY PROVISIONS
Short title

This Law shall be cited as the Social Insurance Law of 2010.

Interpretation
2.-(1) In this Law, unless the context otherwise requires-

“force majeure leave” means the right to absence from work for reasons of force majeure taken under the provisions of the Leave (Paternity, Parental, Caring, Force Majeure) and Flexible Working Arrangements for Work-Life Balance Law;

“care leave” means care leave taken under the provisions of the Leave (Paternity, Parental, Caring, Force Majeure) and Flexible Working Arrangements for Work-Life Balance Law;

“undeclared work” means insurable employment of an employee or self-employed person, which has not been declared to the Director, in accordance with paragraph (3) of Regulation 4 or paragraph (1) of Regulation 5 of the Social Insurance (Contributions) Regulations, as the case may be;

“undeclared earnings” means insurable earnings for which the statement of earnings and contributions provided for in Regulation 10 and paragraph (2) of Regulation 12 of the Social Insurance (Contributions) Regulations has not been submitted by the employer within the deadline specified in Regulation 11 of the said Regulations for the payment of contributions and includes the false declaration of insurable earnings in the said statement;

“applicant” means a person who submits an application for a benefit under this Law.

“negligible earnings” means earnings of an employee the amount of which is lower than the specified weekly or monthly amount, as the case may be, and the term “negligible” shall be construed accordingly;

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

“minor” means –

(a) a person who has not completed the fifteenth year of age;

(b) a male unmarried person, between fifteen (15) and twenty-five (25) years of age, who is undergoing regular education or apprenticeship approved by the Director or is on active service in the National Guard under the National Guard Laws of 1964 to 2008, as amended or replaced from time to time;

(c) a female unmarried person, between fifteen (15) and twenty-three (23) years of age, who is undergoing regular education or apprenticeship approved by the Director;

(d) an unmarried person who, although he has reached the age of fifteen, is permanently deprived of the capacity for self-maintenance;

“unable to work” means an insured person who, due to a specific illness or physical or mental disability, is unable to engage in the profession he or she normally practiced and the term “inability to work” shall be interpreted accordingly;

“maximum limit of insurable earnings” means the specified maximum amount of earnings up to which the earnings of an insured person are taken into account for the purposes of paying contributions;

“salaries” –

(i) in relation to an employee, includes any monetary remuneration from his employment and any profit from such employment that can be valued in money, as well as the employer’s contribution for such employee to the Central Leave Fund, established under the Paid Annual Leave Laws of 1967 to 2005, as they are amended or replaced from time to time, with the exception of extraordinary commissions and ex-gratia payments;

(ii) in relation to a self-employed person, includes any profit and benefit from his employment and

(iii) in relation to a voluntarily insured person, means the insurable earnings that he himself chooses under article 15;

“insured” means a person insured under this Law and, where this term is used in relation to any benefit, means a person who has paid or a person in whose favour contributions have been paid which are taken into account for that benefit;

“insurable employment” means, subject to the provisions of “Regulation (EC) 1408/71, any of the employments specified in Part I of the First Schedule or in Part I of the Second Schedule, unless it is one of the exempted employments specified in Part II of the First Schedule or in Part II of the Second Schedule;

“insurable earnings” means the amount of the insured’s earnings in respect of which contributions are payable;

“insurance units” means the result resulting from the conversion of actual and assimilated insurable earnings into insurance units, in accordance with article 19;

“self-employed person” means a person who carries out any insurable employment defined in Part I of the Second Schedule, unless it is an exempt employment in accordance with Part II of the said Schedule;

“basic insurance” means basic insurance, as defined in subsection (3) of article 19;

“basic insurable earnings” means the amount of insurable earnings, which is determined in accordance with article 20;

“parent” has the meaning assigned to this term by the Leave (Paternity, Parental, Caring, Force Majeure) and Flexible Working Arrangements for the Balance Between Professional and Private Life Law;

“parental leave” means-

(a) parental leave taken under the provisions of the Leave (Paternity, Parental, Caring, Force Majeure) and Flexible Working Arrangements for Work-Life Balance Law; or

(b) for a self-employed person, absence of the parent from work due to the birth or adoption of a child, so that the child can be cared for;

“Director” means the Director of Social Insurance Services of the Ministry of Labour and Social Insurance;

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

“weekly value”, in relation to an insurance unit, means its valuation in insurable earnings, based on the weekly amount of basic insurable earnings;

“specialist doctor” means a doctor who is recognized as a specialist, in accordance with the Medical Registration Laws, as amended or replaced from time to time;

“contribution” means the contribution payable, under this Law, to the Fund;

“dependent” means the person for whom an increase in benefit is paid under article 62;

“equivalent insurable earnings” means earnings which are considered as insurable earnings, in accordance with article 18 and the term “equivalent insurance” shall be interpreted accordingly;

“occupational pension scheme” means any scheme or arrangement operated by or on behalf of one or more employers which provides for the payment of pensions in connection with the employment of an employee, in the event of retirement or death;

“labour dispute” means a dispute arising between an employer and an employee or between employees, in relation to the employment or non-employment, terms or conditions of employment of any persons who are in the service of either the employer with whom the dispute arose or in the service of another employer;

“employer” includes the Government of the Republic;

“contribution year” for employees whose earnings are determined on a monthly basis, means a calendar year and for other insured persons it means a period of fifty-two (52) or fifty-three (53) 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 period from 6 October 1980 to 31 December 1981 or until 3 January 1982, depending on the basis for calculating the insured’s earnings, is considered as one year of contributions;

“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 Union” means the European Parliament, the Council, the European Commission, the Court of Justice of the European Union, 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 Union 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 Union;

“day of cessation of employment” means a day of incapacity for work or a day of unemployment;

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

“medical care” means medical care, surgical intervention and treatment for the restoration of health and includes treatments of any nature, 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;

“Regulation (EC) No. 1408/71” means Council Regulation (EC) No. 1408/71 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, as last amended by Regulation (EC) No. 595/2008 of the European Parliament of 17 June 2008 and as further amended or replaced from time to time;

“Staff Regulations of Officials of the European Union” means Regulation (EC) No. 31 and Regulation (EURATOM) No. 11 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and of the European Atomic Energy Community, as last amended by Council Regulation (EC) No. 160/2009 of 23 February 2009 and as further amended or replaced from time to time, as well as any other regulation relating to the Staff Regulations of Officials of the European Union within the meaning of this Law;

“social pension” means the pension granted under the Social Pension Granting Laws of 1995 to 2005, as amended or replaced from time to time;

“Member State” means a Member State of the European Union and includes the States which are contracting parties to the Agreement on the European Economic Area and Switzerland;

“contribution month”, in relation to an employee whose remuneration is determined on a monthly basis, means the calendar month and for other insured persons it means a period of four (4) or five (5) weeks, commencing within each calendar month;

“employee” means a person who carries out any insurable employment specified in Part I of the First Schedule, but clergy are not considered to be employees for the purposes of the Paid Annual Leave Laws of 1967 to 2005, the Termination of Employment Laws of 1967 to (No. 2) of 2003, as they are from time to time amended or replaced, the Human Resources Development Laws of 1999 to 2007 and the Social Cohesion Fund Laws of 2002 and 2003, as they are from time to time amended or replaced;

“single parent” means a single, widowed or divorced parent, regardless of gender;

“repealed law” means the Social Insurance Laws repealed by this Law;

“material time”, in relation to any benefit, means the first day from which a person would be entitled to the benefit if he had applied within the period specified for that benefit;

“illegal employee” means a person who is employed in illegal employment;”.

“illegal employment” means the employment of a person, as an employee or as a self-employed person, who resides or remains illegally in the Republic or who is employed without obtaining an employment permit in accordance with the applicable legislation;

“surrogate mother” is the woman who carries and gives birth (carrier or gestating), following in vitro fertilization and embryo transfer, using genetic material foreign to herself, on behalf of a couple who wish to have a child but are unable to for medical reasons, in accordance with the provisions of the Law on the Implementation of Medically Assisted Reproduction;

“benefit” means a benefit paid under this Law;

“father” has the meaning assigned to this term by the Leave (Paternity, Parental, Caring, Force Majeure) and Flexible Work Arrangements for the Balance Between Professional and Private Life Law;

“reference period” in relation to an insured person means the period commencing on 5 October 1964 or, if the insured person attained the age of sixteen (16) years after 3 October 1965, the period commencing on the first day of the contribution year in which he attained that age and ending on the last week before that which includes the material time and, in the case of an insured person in respect of whom subsection (5) of section 24 applies, the above period commencing on 7 January 1957 or the first day of the contribution year in which the insured person attained the age of sixteen, whichever of the two dates is later;

“insurance period” means a period of actual or assimilated insurance;

“period of interruption of employment” means any two days of interruption of employment, whether consecutive or not, falling within a period of six (6) consecutive days and any such periods of interruption of employment between which there is no period of time greater than thirteen (13) weeks of employment;

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

“actual insurable earnings” means insurable earnings in respect of which contributions have been paid and the term “actual insurance” shall be construed accordingly;

“supplementary insurance” means supplementary insurance, as defined in subsection (3) of article 19;

“retirement age” means the age of sixty-five (65) years, but in the case of a person entitled to a statutory pension under article 36, it means the age of sixty-three (63) years and this shall be adjusted from 2018, in a manner to be determined by Regulations, every five (5) years based on the change in life expectancy at retirement age, with the first adjustment corresponding to the change in life expectancy for the five-year period 2018 to 2023;

“pensionable government employee” means a person who holds a pensionable position under the provisions of the Pensions Laws of 1997 to 2010, as amended or replaced from time to time;

“relevant insurance conditions”, in relation to any benefit, means the insurance conditions specified for that benefit in the Third Schedule;

“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 contribution year” in relation to a benefit, means the last contribution year before the benefit year which includes the date on which the insurance conditions relating to the benefit must be satisfied;

“Fund” means the Social Insurance Fund established under article 73;

“occupational pension fund” has the meaning assigned to this term by the Occupational Pension Funds Laws of 2006 and 2007, as amended or replaced from time to time;

“Providence Fund” has the meaning assigned to this term by the Provident Funds Laws of 1981 to 2005, as amended or replaced from time to time;

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

“childbirth” means a birth resulting in the birth of a live child, or a birth after the completion of twenty-eight (28) weeks of gestation resulting in the birth of a live or stillborn child;

“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 person is deemed to be-

(a) is over any age, if he has attained that age,

(b) is between two ages, if he has reached the younger age, but not the older age,

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Purpose of this Law and scope of application
3.-(1) The purpose of this Law is to implement a social security system, as required by Article 9 of the Constitution of the Republic of Cyprus.

(2) The following persons are insured under this Law:

(a) Employees;

(b) self-employed persons;

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PART II INSURED PERSONS AND CONTRIBUTIONS
Obligation for contributions in relation to employees

For each contribution period, during which a person was employed as an employee, there is an obligation to pay contributions by the employee, his employer and the Consolidated Fund of the Republic, except in the case where the employee’s earnings are negligible:

It is understood that, when it comes to an employee who is an apprentice or an employee serving a prison sentence employed in a prison of the Republic, there is an obligation to pay contributions even if the earnings are negligible.

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Contribution rate for employees
5.-(1) Subject to the provisions of this Law, the amount of contributions paid for the employment of an employee is equal to a percentage of his insurable earnings –

(a) 15.5%, of which 6% is paid by the employee, 6% by the employer and 3.5% by the Consolidated Fund of the Republic, from 6 October 1980,

(b) 16.6%, of which 6.3% is paid by the employee, 6.3% by the employer and 4% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 1993,

(c) 17.9%, of which 6.8% is paid by the employee, 6.8% by the employer and 4.3% by the Consolidated Fund of the Republic, from the contribution month of April 2009,

(d) 20.2% of which 7.8% is paid by the employee, 7.8% by the employer and 4.6% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 2014,

(e) 21.5%, of which 8.3% is paid by the employee, 8.3% by the employer and 4.9% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 2019,

(f) 23.1%, of which 8.9% is paid by the employee, 8.9% by the employer and 5.3% by the Fixed Fund, from the contribution year beginning on or after 1 January 2024,

(g) 24.7%, of which 9.5% is paid by the employee, 9.5% by the employer and 5.7% by the Fixed Fund, from the contribution year beginning on or after 1 January 2029,

(h) 26.4% of which 10.2% is paid by the employee, 10.2% by the employer and 6% by the Fixed Fund, from the contribution year beginning on or after 1 January 2034,

(i) 27.7% of which 10.7% is paid by the employee, 10.7% by the employer and 6.3% by the Fixed Fund, from the contribution year beginning on or after 1 January 2039:

It is understood that, in the event that the actuarial study carried out prior to the imposition of the percentage increases on insurable earnings provided for in paragraphs (f), (g), (h) and (i), demonstrates that, with or without taking any measures, the imposition of the above increases is not necessary, or that the imposition of smaller increases is necessary, the percentages on insurable earnings indicated by the actuarial study in question will be imposed:

It is further understood that the percentage increases provided for in paragraphs (f), (g), (h) and (i) may not be lower than the percentages on insurable earnings in force immediately prior to the entry into force of the Social Insurance (Amendment) Law of 2019.

(2) In the case of an employee who is covered by an occupational pension scheme, without himself contributing to it, the contribution rate is equal to a percentage of his insurable earnings-

(a) 15.5%, of which 3% is paid by the employee, 9% by the employer and 3.5% by the Consolidated Fund of the Republic, from 6 October 1980,

(b) 16.6%, of which 3.2% is paid by the employee, 9.4% by the employer and 4% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 1993,

(c) 17.9%, of which 3.45% is paid by the employee, 10.15% by the employer and 4.3% by the Consolidated Fund of the Republic, from the month of contributions beginning on or after April 1, 2009,

(d) 20.2%, of which 3.95% is paid by the employee, 11.65% by the employer and 4.6% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 2014,

(e) 21.5%, of which 4.2% is paid by the employee, 12.4% by the employer and 4.9% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 2019,

(f) 23.1%, of which 4.55% is paid by the employee, 13.25% by the employer and 5.3% by the Fixed Fund, from the contribution year beginning on or after 1 January 2024,

(g) 24.7%, of which 4.9% is paid by the employee, 14.1% by the employer and 5.7% by the Fixed Fund, from the contribution year beginning on or after 1 January 2029,

(h) 26.4%, of which 5.35% is paid by the employee, 15.05% by the employer and 6% by the Fixed Fund, from the contribution year beginning on or after 1 January 2034,

(i) 27.7%, of which 5.6% is paid by the employee, 15.8% by the employer and 6.3% by the Fixed Fund, from the contribution year beginning on or after 1 January 2039:

It is understood that, in the event that the actuarial study carried out prior to the imposition of the percentage increases on insurable earnings provided for in paragraphs (f), (g), (h) and (i), demonstrates that, with or without taking any measures, the imposition of the above increases is not necessary or that smaller increases are necessary, the percentages on insurable earnings indicated by the actuarial study in question will be imposed:

(3) For the purposes of calculating the amount of the contribution, paid for each contribution period in relation to the employment of an apprentice without remuneration or with remuneration lower than 50% of the basic insurable earnings, the apprentice is deemed to receive remuneration equal to 50% of the basic insurable earnings.

(4) For the purposes of calculating the amount of the contribution, paid for each contribution period, in relation to the employment of an employee serving a prison sentence and to whom the reservation of article 4 applies, the employee is deemed to receive remuneration not lower than the basic insurable remuneration.

(5) Subject to the provisions of article 10, the employer is responsible for paying to the Fund both the contribution that he himself owes and the contribution that the employee owes, and the employee’s contribution paid by the employer is deemed to have been paid by the employee.

(6) For categories of employees who are usually employed by two or more employers within the same contribution period, Regulations may provide for the payment to the Fund by the employee of both contributions which the employer is liable to pay in accordance with subsection (5), as well as for the obligations of the employee and the employer in such cases.

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Refund of contributions to employees who are retroactively included in occupational pension plans without contributions

An employee, in whose case subsection (2) of article 5 does not apply, who is retroactively subject to an occupational pension scheme without contributions by him, shall 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 from 6 October 1980 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 3.85% of his insurable earnings, for the period from 1 January 2014 to 31 December 2018,

(e) with 4.1% of his insurable earnings, for the period from 1 January 2019 to 31 December 2023,

(f) with 4.45% of his insurable earnings, for the period from 1 January 2024 to 31 December 2028,

(g) with 4.8% of his insurable earnings, for the period from 1 January 2029 to 31 December 2033,

(h) with 5.25% of his insurable earnings, for the period from 1 January 2034 to 31 December 2038, and

(i) with 5.5% of his insurable earnings, for the period from 1 January 2039:

It is understood that, in the event that the actuarial study carried out before the imposition of the percentage increases on insurable earnings provided for in paragraphs (f), (g), (h) and (i), demonstrates that, with or without taking any measures, the imposition of the above increases is not necessary or that smaller increases are necessary, the percentages on insurable earnings indicated by the actuarial study in question will be imposed:

It is further understood that the percentage increases provided for in paragraphs (f), (g), (h) and (i) may not be lower than the percentages of insurable earnings in force immediately prior to the entry into force of the Social Insurance (Amendment) Law of 2019.

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Contribution for persons serving in the National Guard
7.-(1) For each week during which a person, called up for service in the National Guard under the National Guard Laws, is on active service, the Government of the Republic shall pay for that person a specified contribution equal to 1.25% of the basic insurable earnings.

(2) The person for whom a contribution is paid under subsection (1) is not considered to be engaged in insurable employment for the purposes of this Law.

(3) The contribution paid under subsection (1) shall be deemed to have been paid on insurable earnings equal to the weekly amount of the basic insurable earnings.

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Employment of an employee by two or more employers

When the employee is employed by two or more employers within the same contribution period, there is an obligation to pay contributions in relation to the employee’s employment by each employer.

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Insured person who is employed and self-employed within the same contribution period

When 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 of these employments.

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Withholding of employee contributions by the employer
10.-(1) Notwithstanding any contrary contract or agreement, the employer is not entitled to claim or withhold from the earnings of an employee whom he employs the amount of the contribution that the said employer is required to pay for the said employee.

(2) An employer who withholds or attempts to withhold from the wages of an employee the amount of the contribution that the employer is obliged to pay is guilty of an offence and, in the event of conviction, is subject to a fine not exceeding one thousand three hundred euros (€1,300.00).

(3) Notwithstanding any contrary provision of law, contract or agreement, the amount of the contribution that the employee is required to pay may be claimed or withheld by the employer only from the remuneration due to the employee, for the period for which the said contribution is payable.

(4) Notwithstanding the provisions of subsection (2), the employer of an apprentice is not entitled to claim or withhold the apprentice’s contribution, which is proportional to the difference between the actual amount of his remuneration and the amount of remuneration that the apprentice is deemed to receive in accordance with subsection (3) of section 5.

(5) In the case of an employee to whom subsection (4) of section 5 applies, the Government of the Republic is obliged to pay both the contribution due as an employer and the contribution due by the employee, subject to the fact that Regulations may provide for the withholding of all or part of the employee’s contribution from his remuneration.

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Obligation for contributions in relation to self-employed persons

For each contribution period in which a person was employed as a self-employed person, there is an obligation to pay a contribution by the self-employed person and by the Consolidated Fund of the Republic.

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Contribution rate for self-employed persons

The amount of the contribution paid for the employment of a self-employed worker is equal to a percentage of his insurable earnings –

(a) 15.5%, of which 12% is paid by him and 3.5% by the Consolidated Fund of the Republic, from 6 October 1980,

(b) 14.5%, of which 11% is paid by him and 3.5% by the Consolidated Fund of the Republic, from 30 May 1988,

(c) 15.6%, of which 11.6% is paid by the same and 4% by the Consolidated Fund of the Republic, from the first Monday of the contribution year 1993,

(d) 16.9%, of which 12.6% is paid by the same and 4.3% by the Consolidated Fund of the Republic, from the first Monday of the contribution month of April 2009,

(e) 19.2%, of which 14.6% is paid by the individual and 4.6% by the Consolidated Fund of the Republic, from the first Monday of the contribution year 2014,

(f) 20.5%, of which 15.6% is paid by the same and 4.9% by the Consolidated Fund of the Republic, from the first Monday of the contribution year 2019,

(g) 22.1%, of which 16.8% is paid by the individual and 5.3% by the Consolidated Fund, from the day that coincides with the first Monday of the contribution year 2024,

(h) 23.7%, of which 18% is paid by the individual and 5.7% by the Consolidated Fund, from the day that coincides with the first Monday of the contribution year 2029,

(i) 25.4%, of which 19.4% is paid by the individual and 6% by the Consolidated Fund, from the day that coincides with the first Monday of the contribution year 2034,

(j) 26.7% of which 20.4% is paid by the same and 6.3% by the Consolidated Fund, from the day that coincides with the first Monday of the contribution year 2039:

It is understood that, in the event that the actuarial study carried out prior to the imposition of the percentage increases on insurable earnings provided for in paragraphs (f), (g), (h) and (i), demonstrates that, with or without taking any measures, the imposition of the above increases is not necessary or that smaller increases are necessary, the percentages on insurable earnings indicated by the actuarial study in question will be imposed:

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Restriction on retroactive payment of contributions

No contribution shall be paid for the employment of an employee or self-employed person after the lapse of six (6) years from the end of the contribution period for which the contribution is due.

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Optional insurance
14.-(1) Every person is entitled, upon submission of an application to the Director, to be insured voluntarily if –

(a) has actual basic insurance, equal to at least one (1) insurance unit, or

(b) has his usual residence in Cyprus and works outside Cyprus in the service of a Cypriot employer in the territory of a third country:

It is understood that, for the purposes of paragraph (b) of subsection (1), “Cypriot employer” means an employer who has his usual residence or professional establishment in Cyprus or a legal person registered in Cyprus or in which a Cypriot citizen or a legal person registered in Cyprus substantially participates.

(2) A person who has been insured voluntarily under this article is entitled, if he so wishes, to pay a contribution for each contribution period.

(3) The voluntary insurance under this article is valid from the date of submission of the relevant application, unless the applicant specifies a different date in his application, which, however, cannot be earlier than the first day of the contribution year preceding the one in which the application is submitted.

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Contribution amount for voluntarily insured persons
15.-(1) The amount of contributions paid for each contribution period in respect of an insured person, pursuant to paragraph (a) of subsection (1) of section 14, is equal to a percentage of his insurable earnings –

(a) 15.5%, of which 12% is paid by the insured himself and 3.5% by the Consolidated Fund of the Republic, from 6 October 1980,

(b) 13.5% of which 10% is paid by the insured person himself and 3.5% by the Consolidated Fund of the Republic, from the first Monday of the contribution year 1993,

(c) 14.8% of which 11% is paid by the insured person himself and 3.8% by the Consolidated Fund of the Republic, from the first Monday of the contribution month of April 2009,

(d) 17.1% of which 13% is paid by the insured person himself and 4.1% by the Consolidated Fund of the Republic, from the first Monday of the contribution year 2014,

(e) 18.4% of which 14% is paid by the insured person himself and 4.4% by the Consolidated Fund of the Republic, from the first Monday of the contribution year 2019,

(f) 20% of which 15.2% is paid by the insured and 4.8% by the Fixed Fund, from the day that coincides with the first Monday of the contribution year 2024,

(g) 21.6% of which 16.4% is paid by the insured and 5.2% by the Fixed Fund, from the day that coincides with the first Monday of the contribution year 2029,

(h) 23.3% of which 17.8% is paid by the insured and 5.5% by the Fixed Fund, from the day that coincides with the first Monday of the contribution year 2034,

(i) 24.6% of which 18.8% is paid by the insured and 5.8% by the Fixed Fund, from the day that coincides with the first Monday of the contribution year 2039:

It is understood that, in the event that the actuarial study carried out prior to the imposition of the percentage increases on insurable earnings provided for in paragraphs (f), (g), (h) and (i), demonstrates that, with or without taking any measures, the imposition of the above increases is not necessary or that smaller increases are necessary, the percentages on insurable earnings indicated by the actuarial study in question will be imposed:

(2) The amount of contributions paid for each contribution period in respect of an insured person, pursuant to paragraph (b) of subsection (1) of section 14, is equal to a percentage of his insurable earnings-

(a) 15.5%, of which 12% is paid by him and 3.5% by the Consolidated Fund of the Republic, from 6 October 1980,

(b) 16.6%, of which 12.6% is paid by the same and 4% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 1993,

(c) 17.9%, of which 13.6% is paid by the individual and 4.3% by the Consolidated Fund of the Republic, from the contribution month of April 2009,

(d) 20.2% of which 15.6% is paid by the insured himself and 4.6% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 2014,

(e) 21.5% of which 16.6% is paid by the insured person himself and 4.9% by the Consolidated Fund of the Republic, from the contribution year beginning on or after 1 January 2019,

(f) 23.1% of which 17.8% is paid by the insured and 5.3% by the Fixed Fund, from the contribution year beginning on or after 1 January 2024,

(g) 24.7% of which 19% is paid by the insured and 5.7% by the Fixed Fund, from the contribution year beginning on or after 1 January 2029,

(h) 26.4% of which 20.4% is paid by the insured and 6% by the Fixed Fund, from the contribution year beginning on or after 1 January 2034,

(i) 27.7% of which 21.4% is paid by the insured and 6.3% by the Fixed Fund, from the contribution year beginning on or after 1 January 2039:

It is understood that, in the event that the actuarial study carried out prior to the imposition of the percentage increases on insurable earnings provided for in paragraphs (f), (g), (h) and (i), demonstrates that, with or without taking any measures, the imposition of the above increases is not necessary or that smaller increases are necessary, the percentages on insurable earnings indicated by the actuarial study in question will be imposed:

It is further understood that the percentage increases provided for in paragraphs (f), (g), (h) and (i) may not be lower than the amount of the percentages on the insurable contributions payable immediately prior to the entry into force of the Social Insurance (Amendment) Law of 2019.

(3) For the purposes of subsection (1), the amount of insurable earnings is chosen by the insured person, but may not be higher than the weekly value of the insurance units he has to his credit during the last completed contribution year before the date of commencement of the voluntary insurance or one third of the weekly value of the insurance units he has to his credit during the last three (3) completed contribution years, before the commencement of the voluntary insurance:

It is understood that, if the amount calculated as above is lower than the amount of basic insurable earnings determined for the contribution year for which contributions are paid, the insured is entitled to choose to pay a contribution based on the said amount of basic insurable earnings.

(4) A person who has been insured voluntarily under paragraph (b) of subsection (1) of article 14 may choose to pay contributions, either based on the amount of insurable earnings referred to in subsection (3), or based on the amount of his earnings, as defined in the relevant employment contract, up to the maximum limit of insurable earnings.

(5) When a person, who has been insured voluntarily, simultaneously exercises insurable employment in respect of which there is an obligation to pay contributions under section 4 or section 11, he is entitled to pay a contribution under this section on an amount of insurable earnings, which, added to the insurable earnings from the employment of the person in question, does not exceed the amount of insurable earnings calculated in his case in accordance with subsection (3).

59(I)/2010193(I)/2012126(I)/2019
Age up to which contributions are paid

Notwithstanding the foregoing provisions of this Law, no contribution shall be paid by or in respect of –

(a) a person for whom no contributions were paid before the day on which he reached pensionable age; and

(b) insured for any period or part of a contribution period subsequent to the date on which he reached pensionable age:

It is understood that, in the case of an insured person who does not satisfy the relevant insurance conditions for a statutory pension, the pensionable age is extended until the day on which he satisfies the said conditions, but in no case is it extended beyond the age of sixty-eight (68) years.

59(I)/201052(I)/2017
Periods of equivalent insurance
17.-(1) An insured person is deemed to have insurable earnings for which, however, he is not obliged to pay contributions –

(a) for any period beginning on or after the first day of the contribution year in which he attained the age of sixteen, during which he is undergoing regular education or apprenticeship approved by the Director, but in no case for a period prior to 5 October 1964;

(b) for each period beginning on the first day of the contribution year immediately preceding the one in which he became insured and ending on the last day of the contribution period preceding that in which he became insured;

(c) for each day on which he is entitled to sickness, unemployment, maternity, paternity, personal injury or parental leave benefits;

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

(e) for each day which is for him a day of incapacity for work or unemployment, if he is ordinarily engaged in insurable employment, as defined in Part I of the First Schedule, and normally earns his living from such employment;

(f) for each day of incapacity for work which forms part of a period of interruption of employment, which follows the exhaustion of his right to sickness benefit, if he is ordinarily engaged in insurable employment, as specified in Part I of the Second Schedule and ordinarily earns his living from such employment:

It is understood that the total period for which an insured person is considered to have insurable earnings under paragraphs (e) and/or (f) may not exceed six (6) months in each period of interruption of employment;

(g) in the case of an insured employee, for each day during which he is absent from work on parental leave and does not receive parental leave allowance;

(h) for each day on which he is absent from work on care leave or on leave for reasons of force majeure.

(2) An insured person who is entitled to a disability pension in accordance with article 40 or a statutory pension in accordance with article 36, or who died before reaching the age of sixty-three (63) years and whose death gives rise to a right to a periodic benefit, shall be deemed to have supplementary insurance for each week from the material time, up to the date on which he will reach or would have reached, as the case may be, the age of sixty-three (63):

It is understood that the sum of the insurable earnings that the insured person is deemed to have based on this paragraph and the actual or assimilated insurable earnings of the insured person in the supplementary insurance may in no case be greater than the product of the difference between the annual maximum limit of insurable earnings and the annual amount of the basic insurable earnings multiplied by the number forty (40).

(3) An insured person, who was born on or after 1 January 1930, is deemed to have insurable earnings for each week of contributions included in the period of the first twelve (12) years of age of each of her children, provided that for the same week she has neither actual nor assimilated earnings under another provision of this Law:

It is understood that the number of weeks for which the insured is considered to have insurable earnings under this subsection may not exceed one hundred and fifty-six (156) in relation to each of her children.

59(I)/201052(I)/2017115(I)/2017214(I)/2022157(I)/2024
Amount of insurable earnings for periods of assimilated insurance
18.-(1) The amount of the assimilated insurable earnings for each week in accordance with paragraphs (a), (b), (e), (f), (g) and (h) of subsection (1) and subsection (3) of article 17, is equal to the amount of the basic insurable earnings and is reduced accordingly if it concerns a period shorter than a week:

It is understood that, for the purposes of this subsection, the amount of assimilated insurable earnings cannot be lower than the weekly amount of the basic insurable earnings of the following contribution year:

It is further understood that the sum of the amount of the assimilated insurable earnings in accordance with paragraph (a) of subsection (1) of article 17 and the actual and assimilated insurable earnings in favor of the insured for the contribution year to which they refer may not exceed one (1) insurance unit.

(2) The amount of the assimilated insurable earnings for each week, in accordance with paragraph (c) of subsection (1) of article 17, is equal to the weekly value of the insurance units, on which the amount of the relevant benefit paid to the insured was calculated, but in no case may it be lower than the amount of the basic insurable earnings and is reduced accordingly when the period is shorter than a week:

It is understood that the amount of the above assimilated insurable earnings is offset against the amount of any actual insurable earnings of the insured for the same week.

(3) The amount of the assimilated insurable earnings for each week, in accordance with paragraph (d) of subsection (1) of article 17, is equal to the weekly value of the insurance units with respect to which the weekly amount of the basic and supplementary disability pension was calculated, but in no case may it be less than the weekly amount of the basic insurable earnings and is reduced accordingly when the period is less than one week:

It is understood that, in the case of a pension for partial incapacity for work, the amount of the assimilated insurable earnings is reduced by the percentage of the corresponding incapacity pension:

It is further understood that the amount of the assimilated insurable earnings is offset against the amount of any actual insurable earnings of the insured person for the same week.

(4) The provisions of subsection (3) shall apply for contribution periods subsequent to 31 March 1983.

(5) For the purposes of subsections (1), (2), (3) and (4) of this section, “weekly amount of basic insurable earnings” means the weekly amount of insurable earnings determined for each contribution year, in accordance with section 20.

(6) The weekly amount of assimilated insurable earnings under subsection (2) of article 17 is equal to the weekly value of the annual average of the supplementary insurance units of the insured person for the period from 6 October 1980 or from the first day of the contribution year in which the insured person reached the age of sixteen (16), if this is later than 6 October 1980, until the last week of contributions before the material time:

It is understood that, if this period exceeds five (5) years, the period of five (5) years immediately preceding the material time shall be taken into account, if this is more beneficial for the insured:

It is further understood that, if the insured person reached the age of twenty-five (25) years after October 6, 1980, the period from the contribution week in which he reached the age of twenty-five (25) years until the last week before the material time shall be taken into account, provided that this is more beneficial for the insured person, but in no case shall a period of less than five (5) years be taken into account.

59(I)/2010214(I)/2022
Conversion of insurable earnings into insurance units
19.-(1) The actual and assimilated insurable earnings of the insured person in each contribution year are converted into insurance units after being divided by the amount of the annual basic insurable earnings determined for the year in question and the quotient of the division is rounded to the nearest hundredth:

It is understood that the number of insurance units for the 1981 contribution year, which resulted from actual insurable earnings, is adjusted by multiplying it by the number 0.8.

(2) Contributions paid or credited in respect of an insured person before 6 October 1980 shall be converted into insurance units, after multiplying the number of weeks of contributions for which the said contributions were paid or credited, by the number 0.02:

It is understood that the number of insurance units resulting cannot be greater than the number of years in the period prior to 6 October 1980, which is taken into account for the purposes of this Law.

(3) The first of the insurance units, as calculated for each contribution year in accordance with subsection (1), constitutes the basic insurance and any number of units in excess of one unit constitutes the supplementary insurance of the insured:

It is understood that, when the period taken into account is less than one year of contributions, the corresponding basic insurance is reduced in proportion to the ratio of the weeks of contributions in this period to the number fifty-two (52).

(4) The insurance units referred to in subsection (2) shall only count as basic insurance.

59(I)/2010
Amount of basic insurable earnings
20.-(1) The weekly and annual amount of basic insurable earnings for the year 2009 is €162.22 and €8,435, respectively, and for each contribution year it is increased by a decree of the Council of Ministers, published in the Official Gazette of the Republic, according to the percentage increase in the average insurable earnings during the previous contribution year compared to the immediately preceding contribution year.

(2) For the purposes of subsection (1), a survey is conducted by an actuary based on the data of insurable earnings, as derived from the individual accounts of the insured persons.

(3) After conducting the investigation provided for in subsection (2), a report shall be prepared by the actuary to the Minister, which shall be submitted no later than 30 June of the year following the contribution year to which the investigation relates.

59(I)/2010
Special provision
20A. Notwithstanding the provisions of this Law and the Regulations issued pursuant thereto in relation to the obligation to pay an additional fee for late payment of contributions by employers and self-employed persons, with regard to late contributions for the months of 2014 up to and including the end of the year in question, which will be paid up to and including 31 December 2014, no additional fee shall be imposed insofar as it concerns the months for which there was a delay in the payment of contributions:

It is understood that, for any late contribution, which is not paid by 31 December 2014, the exception provided for above will not apply.

194(I)/2014
PART III BENEFITS OTHER THAN BENEFITS DUE TO OCCUPATIONAL INJURIES
Types of benefits
21.-(1) The benefits granted under this Part are the following:

(a) Benefits paid on a periodic basis –

(i) maternity allowance;

(ii) sickness benefit;

(iii) unemployment benefit;

(iv) statutory pension;

(v) disability pension;

(vi) widow’s pension;

(vii) orphan’s allowance;

(viii) missing person allowance;

(ix) paternity allowance;

(x) parental leave allowance.

(b) Benefits paid in lump sum –

(i) marriage allowance;

(ii) birthing aid;

(iii) funeral assistance.

(2) The benefits paid on a periodic basis, pursuant to paragraph (a) of subsection (1), include a basic and a supplementary benefit.

59(I)/201052(I)/2017115(I)/2017214(I)/2022
Conversion of insurance units into insurable earnings

For benefit purposes, each insurance unit is valued at insurable earnings, based on the amount of basic insurable earnings determined at the material time:

It is understood that, in the case of maternity benefit, paternity benefit, parental leave benefit, sickness benefit, unemployment benefit or bodily injury benefit, the said conversion is made based on the amount of basic insurable earnings, with which the insurance units were calculated for the relevant contribution year.

59(I)/2010115(I)/2017214(I)/2022
Insurance conditions for benefits

The insurance conditions for the benefits referred to in article 21 are set out in the Third Table.

59(I)/2010
Insurance periods taken into account for each type of benefit
24.-(1) For the purposes of determining the right of any person to a benefit, periods of insurance completed before the date of entry into force of this Law shall be taken into account as they would have been taken into account under the repealed law and shall be counted together with periods of insurance completed after the date of entry into force of this Law.

(2) Subject to the provisions of subsection (5)-

(a) periods of insurance, in relation to self-employment, are not taken into account for unemployment benefit purposes;

(b) periods of insurance, under a voluntary insurance certificate, shall not be taken into account for the purposes of maternity benefit, paternity benefit, parental leave benefit, sickness benefit and unemployment benefit:

It is understood that, for a disability pension, these periods are taken into account only for the purposes of calculating the amount of the pension:

It is further understood that insurance periods, in relation to employment outside Cyprus by a Cypriot employer, are taken into account for all benefits;

(c) periods of insurance, pursuant to article 7, shall be taken into account as periods of assimilated insurance for all benefits and as periods of actual insurance 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, as well as for the purposes of sickness allowance when the incapacity for work is caused by an accident during the first six (6) months from the completion of the said service;

(d) periods of assimilated insurance under paragraph (b) of subsection (1) of article 17 shall not be taken into account for the purposes of statutory pension, disability pension or widow’s pension;

(e) periods of assimilated insurance under subsections (2) and (3) of article 17 shall be taken into account only for the purposes of statutory pension, disability pension, widow’s pension and orphan’s allowance;

(f) no total period exceeding six (6) years of assimilated insurance shall be taken into account, for the purposes of statutory pension, pursuant to paragraph (a) of subsection (1) of article 17 of this Law and pursuant to the corresponding provision of the repealed law;

(g) periods of insurance under subsection (1) of section 95 shall be taken into account for the purposes of all benefits.

(3) Insurance periods under Articles 11 and 14, in respect of which the corresponding contributions were paid after the occurrence of the event for which a benefit is required, shall be taken into account only if the contributions were paid within the time limit specified for the payment of contributions payable under Article 11.

(4) When it comes to a benefit granted due to the death of the insured person, insurance periods completed under article 11 from the beginning of the last completed year of contributions before his death shall be taken into account if the corresponding contributions were paid before the expiry of six (6) months from his death:

It is understood that the payment of any periodic benefit, which is granted in relation to the said insurance periods, begins from the date of payment of the corresponding contributions.

(5) For the purposes of granting a disability pension, widow’s pension, statutory pension or orphan’s allowance, insurance periods completed before 5 October 1964 shall be taken into account if the applicant acquires the right to the benefit only by their inclusion or if such inclusion increases the amount of the benefit.

59(I)/20102(I)/201252(I)/2017115(I)/2017214(I)/202266(I)/2024
Contribution periods for which the employer fails to pay contributions

For the purposes of determining the right of any person to a benefit, contribution periods in respect of which the employer fails to pay contributions, in breach of the provisions of this Law, shall be considered as periods of actual insurance, provided that the Director, by his documented decision, confirms the employer’s obligation to pay the contributions or provided that criminal proceedings have been brought against the employer for the failure to pay the said contributions:

It is understood that this article does not apply to periods for which the employer is not obliged to pay contributions, in accordance with article 13.

59(I)/2010
Amount and level of benefits
26.-(1) The amount of marriage, childbirth and funeral benefits is calculated as defined in Part I of the Fourth Schedule.

(2) The weekly amount of sickness and unemployment benefit is calculated in accordance with the provisions of Part II of the Fourth Schedule, of maternity and paternity benefits in accordance with the provisions of Part III of the same Schedule, and of parental leave benefit in accordance with the provisions of Part IV(1) of the same Schedule.

(3) The weekly amount of statutory pensions, disability and widowhood is calculated as defined in Part IV of the Fourth Schedule and of the orphan’s allowance as defined in Part VI of the same Schedule.

(4) The amount of lump sums for old age and widowhood is calculated as defined in Part V of the Fourth Schedule.

59(I)/201052(I)/2017115(I)/2017214(I)/2022
Abolition of marriage allowance

No person is entitled to a marriage allowance if his/her substantial time falls within the period commencing from 1 January 2013 onwards.

59(I)/2010193(I)/2012
Childbirth aid
28.-(1) Subject to the provisions of this Law, every woman who has given birth is entitled to a childbirth allowance –

(a) if on the date of childbirth she or her husband satisfies the relevant insurance conditions.

(b) if the application for assistance is submitted in relation to the birth of her husband’s child, after his death, provided that her husband at the time of his death satisfied the relevant insurance conditions.

It is understood that, in no case is a childbirth allowance paid under both the woman’s and her husband’s insurance.

(2) [Deleted].

59(I)/2010157(I)/2024
Maternity benefit
29.-(1) Subject to the provisions of this Law, an insured person is entitled to maternity benefit –

(a) (i) if it is certified by a doctor, after the completion of the twenty-fifth (25) week of pregnancy, that the insured is expecting delivery in a week specified in the medical certificate, hereinafter referred to as “the week of expected delivery”, or

(ii) if the insured and/or her spouse have adopted a child up to twelve (12) years of age, or

(iii) if he/she has had a child through a surrogate mother under the provisions of the Implementation of Medically Assisted Reproduction Law;

(b) the insured person in question satisfies the relevant insurance conditions.

(2) For the purposes of paying maternity benefit, a week is considered to be the week which begins on Monday and ends on Sunday.

(3) The insured person is not entitled to maternity benefit for any period of time for which she receives full remuneration from her employer, and when she receives only part of her remuneration, the maternity benefit is reduced, so that the sum of the benefit and the remuneration she receives does not exceed her full remuneration.

(4) Subject to the provisions of subsections (5) and (6), maternity benefit shall be paid –

(a) in the event of childbirth, for a period of twenty-two (22) consecutive weeks, which may begin any week from the ninth to the second week, prior to the week of the expected childbirth;

(b) in the case of adoption, for a period of twenty (20) consecutive weeks, commencing as defined in subsection (3) of article 3 of the Maternity Protection Law, as amended or replaced from time to time;

(c) in the event of a child being born through a surrogate mother based on the provisions of the Law on the Implementation of Medically Assisted Reproduction, for a period of twenty-two (22) consecutive weeks beginning two (2) weeks before the week of the expected delivery or from the week of the actual delivery, at the applicant’s choice;

(d) in the case of a surrogate mother, for a period of fourteen (14) consecutive weeks which may begin from the second week before the expected delivery:

It is understood that, if the maternity benefit recipient dies, no benefit is paid for the period after her death:

It is further understood that in the event of a childbirth resulting in the birth of more than one (1) child, the periods referred to in paragraphs (a) and (c) of this subsection shall be increased by four (4) weeks for each child in excess of one (1) from the same childbirth:

It is further understood that, in the case of third and subsequent births and/or acquisition of third and subsequent children by adoption and/or acquisition of third and subsequent children through a surrogate mother, the periods referred to in paragraphs (a), (b) and (c), respectively, are increased by four (4) additional weeks for the purposes of caring for the child.

(5)(a) The Director may call on the insured to undergo a medical examination for the issuance of a new certificate specifying the week of expected delivery, if it is established that the certificate presented by the insured to claim maternity benefit due to negligence does not indicate the correct week of expected delivery or that an intervention or alteration has been made to this certificate.

(b) If, after the medical examination referred to in paragraph (a) of this subsection, there is a difference between the original and the new certificate, then the insured person’s right to maternity benefit is determined based on the new certificate, unless childbirth has occurred in the meantime.

(6) In the case of an insured person who applies for maternity benefit after childbirth, without having previously submitted an application in view of the expected childbirth, her right to benefit is determined as if the week of the expected childbirth were the week in which the childbirth occurred.

(7) In the event that immediately after birth the infant is hospitalized either in an incubator due to premature birth, or is hospitalized due to another health problem, an additional maternity benefit of one (1) week will be granted for every twenty-one (21) days that the infant had to be hospitalized, provided that the beneficiary presents a certificate from the infant’s attending physician or physicians and a certificate from the hospital where the infant was hospitalized:

It is understood that if the hospitalization after the first twenty-one (21) days has elapsed, lasts for a period of less than twenty-one (21) days, then where the days of hospitalization exceed fifty percent (50%) of the twenty-one (21) days, the additional week of maternity benefit will be granted:

It is further understood that the extension of the maternity allowance will be granted for a period consecutive to the periods referred to in paragraphs (a), (b) and (c) of subsection (4), as the case may be, increasing by four (4) weeks for each child beyond one from the same birth and will not exceed the maximum period of eight (8) weeks:

It is further understood that, if the hospitalization continues after the first sixty-three (63) days, then one additional week of maternity benefit is granted for each additional fourteen (14) days of hospitalization, but in no case shall the additional benefit period exceed eight (8) weeks:

It is further understood that the extension of the maternity allowance does not apply to the surrogate mother.

59(I)/201037(I)/2012176(I)/2015115(I)/2017168(I)/202115(I)/2024
Paternity allowance
29A.-(1) Subject to the provisions of this Law, an insured father who has had a child either through childbirth or through surrogacy or through the adoption of a child up to twelve (12) years of age, is entitled to a paternity allowance if he satisfies the relevant insurance conditions.

(2) Subject to the provisions of subsections (3) and (4), paternity allowance is paid for a period of two (2) consecutive weeks within the period that begins in the week of birth/adoption of the child and ends after the lapse of two (2) weeks from the date of expiry of the maternity leave period, as determined from time to time in the provisions of the Maternity Protection Law.

(3) For the purposes of paying paternity allowance, a week is considered to be the week which begins on Monday and ends on Sunday.

(4) The insured person is not entitled to a benefit for any period of time for which he receives full remuneration from his employer and when he receives only part of his remuneration, the paternity benefit is reduced so that the sum of the benefit and the remuneration he receives does not exceed his full remuneration.

(5) Subject to the provisions of this section, for the purposes of caring for the child, in the event of the death of the mother before or during childbirth or during maternity leave, the right to paternity allowance under the provisions of subsection (2) shall be increased by as many weeks as the remaining weeks of maternity allowance to which the mother would have been entitled under the provisions of section 29, if she had not died:

It is understood that the above provisions also apply in the case where the deceased mother does not establish a right to maternity benefit under the provisions of the Third Schedule but the father establishes a right to paternity benefit.

115(I)/201744(I)/2022214(I)/2022
Parental leave allowance
29B.-(1) Subject to the provisions of this Law, an insured parent is entitled to parental leave allowance if-

(a) he/she satisfies the relevant insurance conditions;

(b) has been employed for a period of twelve (12) months within the period of twenty-four (24) months prior to the date of commencement of the period for which he/she applies for parental leave allowance;

It is understood that, for the purposes of applying the provisions of paragraphs (b) and (c), periods of absence from work due to incapacity for work, maternity or paternity leave, parental leave, care leave or leave for reasons of force majeure, are considered as periods of employment.

(2) The parental leave allowance is paid-

(a) for a total period of six (6) weeks up to and including 1 August 2024;

(b) for a total period of eight (8) weeks for the first child in order of birth, ten (10) weeks for the second child in order of birth, twelve (12) weeks for the third child in order of birth and fourteen (14) weeks for the fourth and each subsequent child in order of birth:

It is understood that, in the case of a child with a disability, the duration of payment of the parental leave allowance is extended by-

(a) four (4) weeks, provided that the child has been certified by the Disability and Functionality Assessment System of the Department of Social Inclusion of Persons with Disabilities, as a person with a severe disability or with a moderate intellectual disability;

(b) six (6) weeks, provided that the child has been certified by the Disability and Functionality Assessment System of the Department of Social Inclusion of Persons with Disabilities, as a person with total disability:

It is further understood that, in the case of a person with a disability, subject to the provisions of the Persons with Disabilities Law, the allowance may be paid until the twenty-first (21st ) year of the person’s age:

It is further understood that the benefit is paid from the end of the period during which the insured parent receives maternity benefit or paternity benefit, as the case may be, or if the insured parent does not establish a right to payment of maternity benefit or paternity benefit, at the end of the period in which he would receive the benefit if he established a right until the completion of the fifteenth (15th ) year of age of each person or until the age of twenty-one (21st ) years in the case of a person with a disability:

It is further provided that,-

(a) the birth order is determined taking into account the total number of births of the mother, even if the child from one birth is older than the age up to which the parental leave allowance is paid or has died;

(b) in the case of twins or more children from the same birth, the children are considered to have been born from different births and the total period of parental leave for each such child is determined by dividing the sum of the corresponding periods of parental leave by the number of children; and

(c) in the event that the parents have adopted a child up to fifteen (15) years of age, or have acquired a child through a surrogate mother pursuant to the provisions of the Implementation of Medically Assisted Reproduction Law, such adoption or acquisition of a child, as the case may be, is considered as childbirth for the purposes of determining the order of birth.

(3) Subject to the provisions of subsection (1), the parental leave allowance may be paid to beneficiaries for a minimum period of one (1) day and a maximum period as follows:

(a) Three (3) weeks per calendar year for the period from the date of entry into force of the Social Insurance (Amendment) (No. 4) Law of 2022 until 31 December 2023;

(b) four (4) weeks per calendar year for the period from 1 January 2024 to 31 December 2024;

(4) The insured employed parent is not entitled to an allowance for any period of time for which he receives full remuneration from his employer and when he receives only part of his remuneration, the parental leave allowance is reduced so that the sum of the allowance and the remuneration he receives does not exceed his full remuneration.

(4A) An insured self-employed parent is not entitled to parental leave benefit if-

(a) has not paid the contributions due on earnings for the immediately preceding two (2) quarterly contribution periods, as defined in Table II of the Social Insurance (Contributions) Regulations, preceding the period for which he/she claims parental leave allowance or,

(b) the period of taking parental leave coincides with a period of interruption of the operation of his business by virtue of law, custom, collective agreement or agreement or suspension of the operations of his business.

(4B) A self-employed person who intends to exercise the right to parental leave shall notify the Director, three (3) weeks before the start date of the parental leave, informing him of the start and end date of said leave:

It is understood that, in special cases in which immediate parental leave is required, the Director may accept a shorter period of notice.

(5) For the purposes of this article, the term “child” has the meaning assigned to this term by the Leave (Paternity, Parental, Care, Force Majeure) and Flexible Work Arrangements for the Balance Between Professional and Private Life Law.

214(I)/202235(I)/202366(I)/2024157(I)/2024
Deduction from the right to receive maternity benefit

The beneficiary of maternity benefit is excluded from the right to receive the benefit –

(a) for the entire period of time during which she worked either as an employee or as a self-employed person if this period of time falls within the period during which she is entitled, in accordance with this Law, to the payment of maternity benefit;

(b) for the entire period during which she fails, without reasonable cause, to comply with the obligation to undergo a medical examination, in accordance with subsection (5) of article 29 of this Law, this period of time starting from the day of the failure up to and including one day before the birth.

59(I)/201037(I)/2012
Deduction from the right to receive paternity benefit
30A. The beneficiary of paternity benefit is excluded from the right to receive the benefit for the entire period of time during which he worked either as an employee or as a self-employed person, if this period of time falls within the period of time for which he is entitled, in accordance with this Law, to paternity benefit.

115(I)/2017
Deduction from the right to receive parental leave allowance
30B. The beneficiary of parental leave allowance is excluded from the right to receive the allowance for the period of time he worked if this period of time falls within the period for which he is entitled to parental leave allowance.

214(I)/2022
Sickness and unemployment benefits
31.-(1) Subject to the provisions of this Law, an insured person is entitled to sickness benefit for each day of incapacity for work, which forms part of a break in employment, and unemployment benefit for each day of unemployment, which forms part of such a period, if on that day he satisfies the relevant insurance conditions and is between sixteen (16) and sixty-five (65) years of age and is not entitled to a statutory pension:

It is understood that no one is entitled to an allowance for the first three (3) days of the period of interruption of their employment:

It is further provided that –

(a) a person who satisfies the insurance conditions by virtue of insurance periods completed in accordance with Article 11 shall not be entitled to sickness benefit for the first nine (9) days of the period of interruption of employment, unless the incapacity for work was caused by an accident or if such person, during the first nine (9) days of his incapacity, spends at least one night in a hospital; and

(b) a person who satisfies the insurance conditions by virtue of insurance periods completed in accordance with paragraph (b) of subsection (1) of article 14, is not entitled to unemployment benefit for the first thirty (30) days of the period of interruption of his employment:

It is further understood that a person who has acquired the right to a statutory pension between the sixty-third (63rd ) year of age and the pensionable age, but has not exercised the right to receive such a pension, in accordance with the provisions of article 35A, is entitled to a sickness benefit of a maximum duration of one hundred and fifty-six (156) days within the same period of interruption of his employment, provided that he satisfies the relevant insurance conditions and provided that-

(a) immediately before the commencement of the period of interruption of his employment due to incapacity for work, he was engaged in insurable employment which has not been terminated; and

(b) has completed, immediately before the beginning of the period in question, at least thirteen (13) consecutive weeks of employment for which he paid contributions equal to at least the basic insurable earnings multiplied by thirteen (13).

(2) No person, regardless of his age, is entitled to unemployment benefit if the person in question has retired early or compulsorily, by virtue of custom, law, collective agreement, contract or work rules and, due to his retirement, receives a pension or other retirement benefit from an occupational pension scheme, for which the person in question has not paid any contribution:

It is understood that every person who falls under the provisions of the previous reservation acquires the right to unemployment benefit if, after retirement, he is re-employed and meets the relevant insurance requirements from his new employment.

(3) Subject to the provisions of subsection (4), the maximum number of days for which sickness and unemployment benefits are paid in each period of interruption of employment is one hundred and fifty-six (156) days for each of the said benefits:

It is understood that a person who received a sickness benefit during any period of interruption of employment and is not entitled to a disability pension during this period, pursuant to article 40, for the sole reason that he is not expected to remain permanently incapable of work, is entitled, from the first day on which he would be granted a disability pension, to a sickness benefit for a period of one hundred and fifty-six (156) days, provided that he continues to be incapable of work and the amount of the benefit is calculated based on the number of insurance units, on which the amount of the sickness benefit that the insured person last received was calculated.

(4) For the purposes of this Law –

(a) a day of incapacity for work is considered to be any day for which the applicant proves that he is incapacitated for work or that a doctor has advised him to refrain from any work, either because he is under observation due to being a carrier of a contagious disease, or because he came into contact with a person who is a carrier of such a disease;

(b) a day of unemployment is considered to be any day for which the applicant proves that he is unemployed, capable and available for work or that he is unemployed and receiving vocational training based on a plan approved by the Minister;

(d) Sunday and other days determined by the Director are not considered as days of incapacity for work or as days of unemployment;

(e) a day of unemployment is not considered to be a day on which the applicant exercises a livelihood, except in the case where –

(i) the applicant could under normal circumstances exercise the profession in question, in addition to his usual work and outside his usual working hours, and

(ii) the applicant’s earnings from the said profession for that day do not exceed a specified amount or if his earnings are earned from work for a period exceeding one day, the daily average amount of such earnings does not exceed the said specified amount.

(f) a day on which a person is on vacation is not considered a day of unemployment;

(g) no person shall be considered unemployed for any day-

(i) if, notwithstanding the fact that his employment has been terminated or interrupted, he receives for that day remuneration or other payment substantially equal to the remuneration he would have received for that day if his employment had not been terminated or interrupted, as compensation for the loss of such remuneration:

It is understood that, unemployment benefit may be paid in the case of an employee whose employment has been terminated for the period in which he receives a payment substantially equal to the earnings he would have received for each day of unemployment, if his employment had not been terminated, as compensation for the loss of such earnings, provided that the termination of the employee’s employment takes place within the period from 1 April 2022 to 31 December 2023.

(ii) if he does not usually work every day of the week with the exception of Sunday or the day specified in his case under paragraph (d) and during the week including the said day, he was employed to the extent that he is usually employed;

(iii) if he is a dock worker, registered or not, and during the week including the day in question his earnings are not less than a specified amount;

(5) A day, in respect of which the provisions of paragraph (d) of subsection (3) apply, shall not be taken into account in the calculation of any period of consecutive days, for the purposes of sickness or unemployment benefit.

(6) If the employer continues to pay the insured person’s earnings or part of his earnings for any day on which he is entitled to sickness benefit, the benefit, as the case may be, shall not be paid or shall be reduced so that, added to the part of the beneficiary’s earnings paid, it does not exceed his full earnings.

(7) The unemployment benefit to which a person is entitled for each day of unemployment during which he receives vocational training on the basis of a plan approved by the Minister, may be paid to the authority which is the competent authority for the implementation of this plan.

59(I)/201052(I)/2017150(I)/202223(I)/2023
Recovering entitlement to sickness and unemployment benefits after they have been exhausted

A person who has received sickness or unemployment benefit for the maximum number of days specified in article 31 shall regain his right to receive such benefit if, after the exhaustion of his right, he has been employed for at least thirteen (13) weeks, in the case of sickness benefit, or twenty-six (26) weeks, in the case of unemployment benefit, and if, in any of the cases, he has paid, for the said period of employment, contributions in respect of insurable earnings, equal to at least twenty-six times the amount of the basic insurable earnings:

It is understood that a person who has reached the age of sixty (60) years and does not receive a pension shall regain his right to unemployment benefit as if it were a sickness benefit and for the purposes of this proviso –

(a) “pension” means a retirement pension from any source, the amount of which is not less than the annual amount of basic insurable earnings, and

(b) a person who, due to retirement, received a lump sum payment from a provident fund or any other arrangement, the amount of which was not less than ten times the amount of the annual insurable earnings at the time of his retirement, is deemed to be receiving a pension.

59(I)/2010
Deduction from the right to receive sickness benefit

A person is deprived of his right to receive sickness benefit for a period of up to six (6) weeks, if –

(a) has become incapable of work due to his own fault, or

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

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

59(I)/2010
Deduction from the right to receive unemployment benefits
34.-(1) A person who has lost his job due to a work stoppage due to a labor dispute that arose at his place of employment shall be deprived of his right to receive unemployment benefit, while the said work stoppage lasts, unless, during its duration, the said person worked elsewhere in good faith and in his usual occupation or was hired for regular employment in another occupation:

Provided that this subsection shall not apply in relation 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 from which the work stoppage arose, and

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

(2) A person shall be deprived of his right to receive unemployment benefit for a period of up to six (6) weeks, if –

(a) has lost his job through no fault of his own or has left it voluntarily, without reasonable cause, 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 suitable job position, which has been or will be vacant, refuses or omits, without reasonable cause, to apply for that position or refuses to accept the offer of that position, or

(d) refuses or fails, without reasonable cause, to receive professional training, as ordered by the Director.

(3) For the purposes of this section, employment is not considered suitable for a person if it is employment –

(a) in a position vacated due to a work stoppage due to a labor dispute, or

(b) in his usual occupation, in the area where he last habitually worked, either for remuneration lower or on terms less favourable than those which he could reasonably expect to enjoy, having regard to the terms of employment which he enjoyed in his usual occupation in that area or which he would enjoy if his employment were continued, or

(c) in his usual occupation, in any other area, for remuneration lower or on less favourable terms than those observed in that area, on the basis of an agreement between the employers’ and employees’ organisations or, if there is no such agreement, those recognised by good employers.

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

59(I)/2010
Statutory pension
35.-(1) Subject to the provisions of this Law, a person is entitled to a statutory pension if –

(a) has reached retirement age and at the same time satisfies the relevant insurance conditions, or

(b) has reached the age of sixty-three (63) years, satisfies the relevant insurance conditions and the number of insurance units of his basic insurance is not less than 70% of the number of years falling within the reference period, which applies in his case, or

(d) is between sixty-three (63) and sixty-five (65) years of age and would be entitled to a disability pension if he had not reached the age of sixty-three (63).

(2) The statutory pension is paid for life, from the day on which the insured person satisfies the conditions of subsection (1).

59(I)/201052(I)/2017
Reduction in the amount of the statutory pension
35A. The amount of the statutory pension, paid to a person who acquires the right to a statutory pension under paragraph (b) of subsection (1) of section 35 as calculated on the basis of the provisions of Part IV of the Fourth Schedule, shall be reduced for life, provided that he submits an application in the form specified by the Director for the commencement of the payment of his pension before reaching the pensionable age, when his substantial time falls within the period from –

(a) 1st January 2013 until 31st December 2013, by 0.5% for each completed month or part thereof, included in the period from the date of commencement of payment of the benefit until the date of reaching the age of sixty-three (63) years and six (6) months,

(b) 1st January 2014 until 31st December 2014, by 0.5% for each completed month or part thereof, included in the period from the date of commencement of payment of the benefit until the date of reaching the age of sixty-four (64),

(c) 1st January 2015 until 31st December 2015, by 0.5% for each completed month or part thereof, included in the period from the date of commencement of payment of the benefit until the date of reaching the age of sixty-four (64) years and (6) months, and

(d) 1 January 2016 and thereafter, by 0.5% for each completed month or part thereof, included in the period from the date of commencement of the benefit until the date of reaching the age of sixty-five (65):

It is understood that the reductions also apply with regard to the amount of statutory pensions and widowhood benefits provided for in paragraph (5) of Part IV of the Fourth Schedule.

193(I)/201252(I)/2017
Reduction of the retirement age for miners
36.-(1) Subject to the provisions of article 35, in the case of a person who was employed as a miner after 7 January 1957 for a period of at least three (3) years, the pensionable age shall be reduced by one (1) month for every five (5) months of such employment, but in no case shall it be reduced below fifty-eight (58) years.

(2) The reduction of the retirement age under subsection (1) applies only in the case of a person who has ceased working in a mine.

(3) For the purposes of this section-

“mine” has the meaning assigned to this term by article 3 of the Mines and Quarries Regulation Law, as amended or replaced from time to time and;

“miner” means a salaried person, employed underground or on the surface in a mine, in work directly related to the production or enrichment of the ore.

59(I)/2010126(I)/2010
Special benefit for people with thalassemia
36A.-(1) Without prejudice to other provisions of this Law, upon application by a person with thalassemia, a special benefit shall be paid by the Fund to such person, provided that he has reached the age of fifty (50) years, but has not reached the pensionable age and meets the relevant insurance conditions.

(2) The amount of the special benefit to a person with thalassemia is calculated in the same way as the amount of the statutory pension is calculated.

(3) The special benefit to a person with thalassemia is paid to the beneficiary from the date of submission of the relevant application and terminates when the beneficiary reaches retirement age and/or when the beneficiary becomes a beneficiary of a statutory pension.

(4) Notwithstanding the provisions of article 8 of the Income Tax Law, the special benefit to a person with thalassemia is not subject to income tax.

(5) For the purposes of this article, “person with thalassemia” means a person who is certified by the Medical Services and Public Health Services and the Thalassemia Centers of the Ministry of Health as suffering from thalassemia and is included in a permanent and regular transfusion program of public hospitals.

194(I)/202040(I)/2025
Increase in statutory pension due to payment of contribution after retirement
37.-(1) The beneficiary of a statutory pension, in accordance with paragraph (b) of subsection (1) of article 35, is entitled, from the day he reaches pensionable age, to an increase in the weekly amount of his pension, equal to 1.5% of the weekly value of his actual insurance units, for the period from the material time until reaching pensionable age.

(2) The increase referred to in subsection (1) shall be added to the amount of the beneficiary’s basic pension, to the extent that the said sum does not exceed the maximum amount of basic pension that could be paid in his case, and any balance shall be added to the amount of the beneficiary’s supplementary pension:

It is understood that the increase added to the amount of the beneficiary’s basic pension is not taken into account for the purposes of calculating the increase for dependents.

59(I)/201052(I)/2017
Lump sum old age benefit

An insured person who, upon reaching the age of sixty-eight (68) years, does not meet the relevant insurance conditions for a statutory pension, is entitled to a lump sum old-age benefit if he meets the relevant insurance conditions:

It is understood that the person in question is not entitled to a lump sum old-age benefit if he is entitled to a social pension.

59(I)/201052(I)/2017
Postponement of statutory pension
39.-(1) A person who is entitled to a statutory pension, in accordance with the provisions of articles 35 or 36, is entitled to request the postponement of its commencement, until the completion of his sixty-eighth year of age.

(2) For the purposes of subsection (1), the person concerned shall submit a declaration to the Director on the form specified by him, no later than three (3) months from the day on which he is entitled to a pension:

It is understood that, in the event of a delay in submitting the declaration, the period of postponement will be deemed to have begun three (3) months before the date of submission of the declaration.

(3) A person who postpones the commencement of his pension, in accordance with this article, is 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 a statutory pension, if it is submitted before the completion of the said age.

(4) The amount of the statutory pension that would be paid, if the beneficiary did not choose to defer the pension, increases by 0.5%, for each month included in the period of deferral, as referred to in subsection (3).

It is understood that the commencement of the period of deferment begins on the day following the completion of the ages of sixty-three (63) years and six (6) months, sixty-four (64) years, sixty-four (64) years and six (6) months and sixty-five (65) years, as respectively specified in paragraphs (a), (b), (c), and (d) of article 35A.

59(I)/2010193(I)/201252(I)/2017
Disability pension
40.-(1) Subject to the provisions of this Law, an insured person is entitled to a disability pension if –

(a) was unable to work for one hundred and fifty-six (156) days, during any period of interruption of his employment;

(b) during this period of interruption of his employment, he proves that he is expected to remain permanently incapable of work;

(c) has not reached the age of sixty-three (63) years or, in the case of a miner, the age from which he is entitled to a statutory pension under article 36, if this age is less than sixty-three (63) years; and

(d) satisfies the relevant insurance conditions.

(2) Subject to the provisions of article 79, the disability pension shall be paid from the essential time, as long as the insured person remains permanently incapable of work and has not reached the age of sixty-three (63) years or, in the case of a miner, the age from which he is entitled to a pension, pursuant to article 36, if this age is less than sixty-three (63) years.

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

(a) undergo a medical examination or re-examination,

(b) undergo medical treatment, which is considered appropriate for his case by his treating physician or another physician, to whom he was referred by the Director,

(4) A person shall be deprived of the right to receive a disability pension for a period not exceeding six (6) weeks, if, without reasonable cause, he fails to comply with any direction issued under subsection (3):

It is understood that half of the amount of the disability pension that would be paid to the person in question for this period is paid to his dependents.

(5) For the purposes of this article, the insured person is considered “unable to work” when, due to a specific illness or physical or mental disability, which began or worsened substantially after his insurance, he cannot earn from work which he is reasonably expected to perform, taking into account his strengths, skills, education and usual professional occupation, more than one third or, if it is a person aged between sixty (60) and sixty-three (63) years, more than one half, of the amount which a physically and mentally healthy person of the same education usually earns in the same region and professional category.

59(I)/201052(I)/2017
Widow’s pension
41.-(1) A widow, who at the time of the death of her husband and/or a widower, who at the time of the death of his wife was cohabiting with him or her or was maintained exclusively or mainly by him/her, provided that the spouse died on or after 1 January 2018, is entitled to a widow’s pension, if-

(i) The relevant insurance conditions are met and the spouse had not reached retirement age, or

(ii) the spouse had reached retirement age and was entitled to a statutory pension or would have been entitled to a statutory pension if he had submitted the relevant application.

(2) Subject to the provisions of subsection (4), the widow’s pension shall be paid for life.

(3) A widow or widower who remarries and/or enters into a civil partnership ceases to be entitled to a widow’s pension.

(4) Subject to the provisions of subsections (1) and (2), in the event that the deceased married after reaching pensionable age, the widow is not entitled to a widow’s pension if a period of at least five (5) years has not elapsed from the date of marriage to the date of death.

(5) Subject to the provisions of subsection (4), in the case where the deceased had performed more than one marriage with the same person, the widow’s pension is calculated taking into account the duration of each marriage and provided that the total duration of the marital relationship was at least five (5) years.

59(I)/201052(I)/2017115(I)/2017126(I)/2019CORRECTION E.E. Par.I(I), No. 4727, 4.10.201988(I)/2021
Lump sum widowhood benefit

A widow or widower who is not entitled to a widow’s pension because the relevant insurance conditions are not met in her/his case is entitled to a lump sum widow’s pension, if –

(a) the deceased or the deceased spouse, as the case may be, at the time of his/her death, had not reached pensionable age and satisfied the relevant insurance conditions, or

(b) the deceased or the deceased spouse, as the case may be, at the time of his/her death, had reached pensionable age and satisfied the relevant insurance conditions for a lump sum old-age benefit:

It is understood that a widow or widower is not entitled to a lump sum widowhood benefit if he or she is entitled to a social pension.

59(I)/2010
Orphan’s allowance
43.-(1) Subject to the provisions of this Law, orphan’s allowance shall be granted-

(a) for a minor, both of whose parents have died and at least one was insured;

(b) for a minor whose parent who was exclusively or primarily supporting him at the time of his death has died, provided that this parent was insured and the surviving parent did not live with the deceased parent;

(c) for each minor child of the deceased person, in respect of whom an increase in widow’s pension would be paid in accordance with article 62, when the death of an insured person, who at the time of his death satisfied the insurance conditions for a widow’s pension, does not confer the right to a widow’s pension under article 41 or to an orphan’s allowance under paragraphs (a) or (b) of this subsection.

(2) When a person in respect of whom an orphan’s allowance is paid under paragraphs (a) or (b) of subsection (1) ceases to be considered a minor before reaching the age of seventeen (17) years, he shall be entitled to a lump sum equal to the product of the weekly amount of the orphan’s allowance multiplied by the number fifty-two (52) or the number of weeks for which an orphan’s allowance would have been paid to him until reaching the age of seventeen (17), if this number is less than fifty-two (52).

(3) The orphan’s allowance granted in accordance with this article for a minor who has not reached the age of eighteen (18) years or who is incapable of acting for any reason, is paid to the person who has custody of the minor and in any other case it is paid to the minor himself.

(4) In the event of recovery of the right to orphan’s allowance under this section, any amount paid in relation to the minor under subsection (2) shall be deemed to have been paid under paragraphs (a) or (b), as the case may be, to the extent that the period for calculating the said amount coincides with the period for payment of the allowance after its recovery.

59(I)/2010
Funeral aid
44.-(1) Subject to the provisions of this Law, a funeral grant for the death of any person shall be granted to the persons specified in subsection (3), if –

(a) the person in question, at the time of his death, satisfied the relevant insurance conditions, or

(b) the person in question, at the time of his death, was entitled to a statutory pension, widow’s pension, missing person’s allowance or death benefit, or

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

(e) at the time of the death of the person in question, he was a dependent of an insured person who satisfies the relevant insurance conditions or a dependent of a beneficiary of one of the benefits referred to in paragraph (b).

(2) In the case of a funeral benefit paid for the death of a missing person, the time of death for the purposes of the deadline for submitting the application and determining the amount of the benefit is the date of ascertainment of the death.

(3) The funeral grant granted in accordance with this article shall be paid-

(a) to the widow or widower of the deceased person, provided that he was married and cohabiting with his husband or wife, as the case may be, and

(b) in any other case, to the person designated by the Director for collection of the said aid.

(4) For the purposes of this article, “missing person” means a person who disappeared during or after the coup of 15 July 1974, due to the circumstances created by the coup of 15 July 1974 or by the Turkish invasion of 20 July 1974 and for whom the Government of the Republic has proceeded to identify his remains and certify his death.

59(I)/201052(I)/2017
Missing person allowance
45.-(1) Subject to the provisions of subsection (2), any person who, immediately before the commencement of this Law, was receiving a missing person’s allowance under the repealed law, shall continue to receive a missing person’s allowance under this Law.

(2) The provisions of subsection (4) of section 41 shall apply, mutatis mutandis, to the case of a spouse of a missing person who continues to receive a missing person’s allowance under subsection (1) of this section.

(3) The amount of the allowance granted in accordance with subsection (1) is the same as the amount of the widow’s pension.

59(I)/2010
PART IV BENEFITS DUE TO OCCUPATIONAL INJURIES
Types and amount of benefits

The benefits paid under this Part are the following:

(a) Bodily Injury Benefit, the weekly amount of which is calculated as specified in Part I of the Fifth Schedule;

(b) disability benefits, which include a disability pension, the weekly amount of which is calculated as specified in Part IV of the Fifth Schedule and a disability allowance, the amount of which is calculated as specified in Part III of the Fifth Schedule;

(c) death benefits, the weekly amount of which is calculated as specified in Part II of the Fifth Schedule, which include widow’s pension, orphan’s allowance and parental pension.

59(I)/2010
Occupational accident concept
47.-(1) Subject to the provisions of subsection (5), for the purposes of this Part, “occupational accident” means an accident caused by and during the employment of an employed or self-employed person.

(2) An accident that occurred during the employment of an employed or self-employed person is considered, unless there is proof to the contrary, to be an occupational accident.

(3) Subject to the provisions of subsection (1), an accident shall be considered an occupational accident, even if the employee or self-employed person acted in breach of any provision of law or provision of regulation relating to his employment or, in the case of an employee, instructions given by or on behalf of his employer, in relation to the employee’s employment.

(4) An accident that occurred during the employee’s journey to or from his place of work is considered an occupational accident, regardless of the fact that the employee has no obligation towards his employer to use any special route or means of transport:

It is understood that an accident that occurred as above is not considered an occupational accident if the employee left his workplace during working hours for purposes unrelated to his employment.

(4A) An accident that occurs to a self-employed person who, due to the nature of his profession, provides his services while travelling from place to place, during his journey to a place where he would have provided his services if the accident had not occurred, or during his return from a place where he provided his services, is considered occupational.

(5) An accident that occurred to an employee, at or around the place where he is employed for the purposes of the employer’s work or business, or to a self-employed person at or around the place where he is employed for the purposes of his work or business, is considered an occupational accident, if it occurred when the employee or self-employed person, as the case may be, was taking measures to deal with a real or supposed emergency at or around the place of his employment, to save life, provide assistance or protection to persons who have suffered or are believed to have suffered or are likely to suffer physical harm or who are or are likely to be in danger or to prevent or limit serious damage to property.

(5A) In addition to the conditions provided for in subsections (1) to (5), an accident that occurs to a self-employed person is considered an occupational accident, provided that-

(a) the accident occurred while exercising the profession for which the self-employed person is insured;

(b) the accident has been reported to the Department of Labour Inspection of the Ministry of Labour and Social Insurance, in accordance with the provisions of the Occupational Safety and Health (Notification of Accidents and Dangerous Occurrences) Regulations;

(c) on the day of the accident, the self-employed person was registered for insurable employment under the provisions of Part I of the Second Schedule;

(d) the self-employed person has been employed as a self-employed person for the thirteen (13) weeks immediately preceding the day of the accident; and

(e) the self-employed person has paid the contributions due on earnings for the immediately preceding two (2) quarterly contribution periods, as defined in Table II of the Social Insurance (Contributions) Regulations, preceding the period for which he claims personal injury benefit.

(6) Subject to the provisions of article 54 and the provisions of Regulation (EC) No. 1408/71, an occupational accident that occurred to an employed or self-employed person outside Cyprus is not considered an occupational accident for the purposes of this Law.

59(I)/201066(I)/2024
Bodily injury benefit
48.-(1) Subject to the provisions of this Law, when an employed or self-employed person suffers a physical injury due to an occupational accident, he is entitled to a physical injury benefit for each day of incapacity for work due to the relevant physical injury and for a period of twelve (12) months from the day of the relevant accident:

It is understood that no allowance is paid in respect of the first three (3) days of the period of interruption of employment of the employee or self-employed person.

(2) An employee is not entitled to a personal injury benefit for any day for which he receives full remuneration from his employer and in the event that he receives only part of his remuneration, the personal injury benefit is reduced, so that the sum of the benefit and the remuneration paid does not exceed the employee’s full remuneration.

(3) If the employee or self-employed person became unable to work on the day of the accident, that day shall be considered a day of incapacity for work, regardless of the time of day on which the accident occurred.

(4) A self-employed person who worked on a day for which he submitted an application for personal injury benefit is not entitled to personal injury benefit.

59(I)/201066(I)/2024
Disability benefits
49.-(1) An employed or self-employed person who suffers a bodily injury due to an occupational accident is entitled to disability benefits if, as a result of the relevant bodily injury, on the fourth or any subsequent day of the relevant accident, he suffers from a loss of physical or mental capacity and on that day he is not entitled to a bodily injury benefit, unless it is a day for which the reservation of subsection (1) of section 48 applies:

It is understood that, for the purposes of this article, it is not considered that a loss of capacity has occurred at any time if the degree of disability that has arisen, as calculated in accordance with the provisions of subsections (2) to (6), is less than 10%.

(2) For the purposes of this article, the degree of disability is 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 provisions of paragraphs (b) to (e) of this subsection, only disabilities, whether or not they entail loss of earning capacity or additional expenses, which the applicant, taking into account his physical and mental condition on the day of the 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 subsection (3), any such disability shall be deemed to be the result of the relevant loss of capacity, except in cases where the applicant –

(i) would certainly have suffered such disability, due to any congenital anomaly or physical injury suffered by him, or a disease from which he was affected before the relevant accident, or

(ii) such disability would not exist if, after the relevant accident, he had not contracted a disease that cannot be attributed to that accident;

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

(d) for applicants whose material time falls before the date of entry into force of the Social Insurance (Amendment) (No. 2) Law of 2021, the degree of disability for the losses of capacity specified in the Sixth Table is the percentage indicated opposite each one and the degree for the remaining disabilities is calculated accordingly;

(d1) for applicants whose material time falls on or after the date of commencement of the Social Insurance (Amendment) (No. 2) Law of 2021, “the degree of disability” for the losses of capacity specified in the Seventh Schedule is the percentage indicated against each, the degree in respect of the remaining disabilities calculated accordingly.

(e) in calculating the degree of disability, any deformity due to the relevant physical injury is also taken into account.

(3) For the calculation of the applicant’s degree of disability, a period of time shall be taken into account, not earlier than the fourth day from the relevant accident, provided that on that day the applicant suffers and is expected to continue to suffer from the relevant loss of capacity:

It is understood that, if, when calculating the degree of disability, the applicant’s condition is such that, taking into account the changes, foreseeable or not, that may occur to it, it does not allow a definitive calculation for the entire period in question –

(a) a provisional calculation is made based on another shorter period that is deemed reasonable, taking into account the applicant’s situation and the possibility of its change, as mentioned above, and

(b) the period of time starting from the end of the period that formed the basis of the provisional calculation shall be taken as the basis of the subsequent calculation.

(4) The calculation shall set out the degree of disability in percentage and shall also specify the period of time which constitutes the basis for the calculation:

It is understood that, when this is of a certain duration, it is determined whether it is a temporary or definitive calculation.

(5) When the degree of disability, for the period of time that constitutes the basis for calculation, is estimated at a percentage lower than 20%, the disability benefit is granted in the form of a lump sum, which in this Law is referred to as “disability benefit”.

(6) When the degree of disability, for the period of time that constitutes the basis for calculation, is calculated at a percentage equal to or greater than 20%, the disability benefit is a pension, which in this Law is referred to as a “disability pension”:

It is understood that the granting of the pension terminates upon the expiration of the period of time that constitutes the basis for its calculation or upon the death of the beneficiary, whichever occurs earlier.

59(I)/2010101(I)/202166(I)/2024
Increased degree of disability in certain cases
50.-(1) When a beneficiary of a disability pension, which was calculated at a degree lower than 100%, is admitted to a hospital or similar institution to undergo approved treatment or other hospitalization, then his degree of disability shall be considered as 100% for the entire period of his stay in the said hospital or institution.

(2) The provisions of subsection (1) shall apply, mutatis mutandis, in the case of a beneficiary who, following a request from the Director pursuant to article 55, participates in a regular vocational training or retraining apprenticeship.

(3) When a beneficiary of a disability pension of less than 100%, which is due to a physical injury caused on or after 6 October 1980, is incapacitated and is expected to remain permanently incapacitated for work within the meaning of subsection (5) of article 40, then the said beneficiary is deemed to have a degree of disability equal to the percentage of incapacity at which the disability pension would be calculated in his case, provided that his incapacity is due exclusively or mainly to the relevant physical injury.

59(I)/2010
Increase in disability pension due to regular care
51.-(1) The weekly amount of the 100% disability pension is increased by 55% of the amount of the beneficiary’s basic disability pension without the increases for dependents, if, as a result of the relevant physical injury, the beneficiary is in need of regular assistance and care.

(2) The increase granted under subsection (1) shall be paid at the time of granting the disability pension, for such period as the Director may decide:

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

59(I)/2010
Death benefits
52.-(1) In the event of the death of an employee or self-employed person, due to bodily injury caused by an occupational accident or the death of a beneficiary of a 100% disability pension, death benefits shall be granted to his/her survivors, in accordance with the provisions of this article.

(2) The widow/widower of an employed or self-employed person is entitled to a widow’s pension if, at the time of the death of her husband or wife, as the case may be, she was living with the deceased or was supported by him/her exclusively or mainly:

It is understood that, in the event that the spouse, at the time of his/her death, was residing in a care institution or in the residence of his/her child for care reasons, the condition of cohabitation is deemed to be satisfied if it existed on the day of the spouse’s admission to the institution or of his/her move to the residence of his/her child:

It is further provided that,-

(i) in the case of a widowed employee, a widow’s pension under the provisions of this subsection shall be granted only if his wife died on or after 1 January 2018; and

(ii) in the case of a widow/widower of a self-employed person, no pension shall be granted under the provisions of this subsection for death due to bodily injury caused before the date of entry into force of the Social Insurance (Amendment) Law (No. 2) of 2024.

It is further understood that the provisions of subsections (4) and (5) of article 41 also apply to cases of widow’s pension pursuant to the provisions of this article.

(3) [Deleted].

(4) Subject to the provisions of subsection (5), the widow’s pension granted under this section shall be paid for life from the date of the spouse’s death.

(5) A widow or widower who remarries or enters into a civil partnership or a new civil partnership ceases to be entitled to a widow’s pension.

(6) For the minor children of a deceased person, an orphan’s allowance is granted, pursuant to the provisions of article 43.

(7) In the event that the deceased person does not leave a widow, widower or minor child, a parental pension for life shall be granted to the parent of the person in question, if at the time of his death he was exclusively or mainly supported by that parent or would have been supported by him if the relevant accident had not occurred:

It is understood that the parental pension is terminated if the parent marries or remarries or enters into a civil partnership or new civil partnership.

59(I)/201066(I)/2024
Notification of an accident to the employer
53.-(1) Every insured person who suffers bodily injury due to an occupational accident, in respect of which this Law provides for the granting of benefits, must notify the accident, as provided for in subsection (2), as soon as possible from the day on which it occurred:

It is understood that, instead of the insured, the notification may be made by another person acting on behalf of or on behalf of the insured.

(2) The notification, which includes all the necessary information, shall be made to the employer or, in the case of more than one employer, to one of them or to any manager or other employee under whose supervision the insured person was working when the accident occurred or to any person designated for this purpose by the employer.

59(I)/2010
Posting a summary of certain provisions in workplaces
54.-(1) Every manager within the meaning of subsection (2) must keep posted in a conspicuous part of the workplace or near it, where it can be easily read by all employees, a summary issued by the Manager and containing the obligations imposed by this Law for the notification of accidents and for the submission of applications.

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

59(I)/2010
Obligations of applicants and beneficiaries of benefits
55.-(1) Subject to the provisions of this section, every person applying for a personal injury benefit or disability benefit, as well as every beneficiary of such benefit or benefit, shall comply with any direction issued by the Director, pursuant to which he is required to-

(a) to undergo a medical examination to determine the outcome of the relevant accident or the appropriate treatment for the relevant physical injury or loss of capacity, or

(b) to undergo the medical treatment appropriate to the bodily injury or loss of capacity in question, which, as the case may be, was prescribed by the treating physician or other physician or Medical Council that examined the person in question, in accordance with the provisions of this Law, or

(c) to participate in any vocational training or retraining apprenticeship offered and, in the opinion of the Director, appropriate for the case of such person.

(2) The instructions addressed to the applicant or beneficiary, on the basis of which he is called upon to submit himself to a medical examination, must be given in writing.

(3) The applicant or beneficiary, who, in accordance with the provisions of subsections (1) and (2), is required to submit himself to a medical examination or to receive medical treatment, is obliged to do so whenever requested.

(4) Every beneficiary must, as soon as possible, notify the Director of any change in his situation, which, as he can reasonably be expected to know, could affect the continuation of his right to be granted or receive the benefit.

59(I)/2010
Occupational diseases
56.-(1) Subject to the provisions of subsection (2), in the case of an employed or self-employed person who has contracted any disease or has suffered bodily injury, which is due to the nature of specified work in relation to such disease or bodily injury, in which he was employed on or after 5 October 1964, the benefits provided for in the preceding articles of this Part shall be granted and for this purpose any reference to this Part –

(a) to bodily injury caused as a result of an occupational accident, shall be deemed to refer to a disease or bodily injury due to the nature of the work;

(b) on the date of an occupational accident means –

(i) if the first application in respect of the illness or injury is for a personal injury benefit, on the first day on which as a result of the illness or injury the applicant became incapable of work;

(ii) if the first application in respect of the illness or bodily injury is for a disability benefit, on the first day on which the applicant suffered a loss of physical or mental capacity:

It is understood that, when a person applies for a personal injury benefit in respect of an illness or personal injury for which he previously received such a benefit or benefit due to disability, his previous application in respect of such illness or personal 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 the said illness or personal injury.

(2) Without prejudice to the generality of subsection (1), Regulations may also provide that, in order for a disease or injury to be considered as arising from the nature of the work, certain conditions must be met, including the duration of employment in the particular work, the time that has elapsed between the onset of the disease or injury and the employment in the particular work and whether or not such employment must be continuous.

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

(a) no personal injury benefit is granted under this Law, and

(b) disability calculated in accordance with subsection (5) of article 49 at a percentage of less than 20% is considered as a disability of degree 20%.

(4) For the purposes of any application submitted under this Law for benefits due to one of the diseases referred to in subsection (3), a person who was a worker within the meaning of the Pneumonia Laws of 1960 and 1966, as they are from time to time amended or replaced, shall be deemed to be an employee under this Law.

59(I)/201066(I)/2024
Deduction from the right to receive a bodily injury benefit or disability pension

A person is deprived of his right to receive a bodily injury benefit or a disability pension, for a period not exceeding six (6) weeks, if –

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

(b) failed, without reasonable cause, to follow the instructions of a doctor or Medical Council who examined him, or

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

It is understood that, in such a case, half of the amount of the bodily injury allowance or disability pension, as the case may be, which would normally be paid to the beneficiary for the period in question, shall be paid to his dependants.

59(I)/2010
Application to persons serving on ships and aircraft
58.-(1) The provisions of Part IV shall also apply to masters, crew members and apprentice seamen and to captains and crew members of aircraft, provided that such persons are employed, with the following adaptations, however:

(a) Except in the case where the person who suffered the bodily injury is the master or the commander, notification of the accident may be made to the master or commander, as if he were the employer, and the application for the provision of:

Provided that, no notification is required when the accident occurs and the incapacity begins on board the ship or aircraft;

(b) the provisions of article 54, relating to the workplace and to managers, shall apply, with the necessary adjustments, to ships and aircraft as well as to their masters or captains;

(c) in the event of the death of an employee, the application for death benefits shall be submitted within three (3) months from the date on which the applicant was informed of the death;

(d) when the person who suffered the bodily injury is dismissed or abandoned in a foreign country, written statements in relation to the circumstances under which the bodily injury was caused and the nature of such injury may be taken from any Consular Officer of the Republic of Cyprus or a Judicial or Justice of the Peace of the foreign country:

It is understood that these depositions are forwarded, as soon as they are received, by the person who received them, to the Minister and they or certified copies thereof constitute evidence in any proceedings related to the application submitted.

(2) This Law also applies to any person serving on ships or aircraft referred to in this article, in a capacity other than those referred to in subsection (1), provided that he works for the needs of the ship or aircraft or the passengers, cargo or mail it carries and provided that he is an employee within the meaning of this Law.

(3) The terms not otherwise defined in the preceding paragraphs, unless a different meaning appears from the text, if they relate to persons serving on ships, have the meaning assigned to these terms by the Merchant Shipping (Masters and Seamen) Laws of 1963 to 2002, as amended or replaced from time to time.

59(I)/2010
PART V GENERAL PROVISIONS FOR BENEFITS
Free medical care
59.-(1) A person entitled to a personal injury allowance or disability benefits is also entitled to free medical care provided by the Government, including hospital care in Government Medical Institutions, when this is necessary as a result of the personal injury suffered by the person in question:

It is understood that the right to free medical care according to this article includes special medical care and advice from non-Governmental Medical Services, if the care or advice is provided to employees based on their employer’s health plan approved by the Minister, for an amount that does not exceed the fees paid to Government Medical Institutions by the Fund.

(2) The medical care referred to in subsection (1) is also provided free of charge to any person who is entitled to a disability pension or who was entitled to such a pension upon reaching the age of sixty-three.

59(I)/2010
Coverage of vocational training expenses by the Fund

The costs of vocational training or retraining in accordance with paragraph (c) of subsection (3) of article 40 and paragraph (c) of subsection (1) of article 55, shall be paid by the Fund, as determined from time to time by Regulations.

59(I)/2010
Deduction from the right to receive benefits for periods of imprisonment or absence abroad
61.-(1) A person is deprived of the right to receive sickness, unemployment, maternity, paternity, parental leave or bodily injury benefit or disability pension for any period of time during which he is serving a prison sentence or is under lawful detention:

It is understood that, in the case of a beneficiary of a disability pension, half of the amount that would normally be paid to him for the period in question is paid to his dependents.

(2) A person shall be deprived of his right to receive sickness, unemployment, maternity, paternity or personal injury benefits for any period of time during which he is absent from Cyprus:

It is understood that in the case of a beneficiary who is absent from Cyprus for treatment purposes, due to incapacity that began before he/she departed from Cyprus or for the purposes of accompanying a newborn child or another child of his/hers who is hospitalized abroad, the sickness or bodily injury or maternity or paternity allowance for the period of absence of the beneficiary, is paid with the approval of the Director after the beneficiary’s return to Cyprus:

It is further understood that, in the case of a person to whom Regulation (EC) No. 1408/71 applies, this paragraph shall apply for any period of time during which such person 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.

59(I)/2010115(I)/2017214(I)/2022
Increase in benefits for dependents
62.-(1) Where a person who is entitled to a statutory pension, disability pension or invalidity pension-

(a) lives with his/her spouse and/or supports him/her exclusively or mainly:

It is understood that, in the event that the spouse is insurable, he/she is not considered a dependent person, with regard to beneficiaries for whom the period beginning on or after 1 January 2013 is defined as the material time.

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

(c) assumed the sole or primary maintenance of his father, who is incapable of supporting himself, or of his mother who is a widow or unmarried 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) if it is a statutory pension or a disability pension, as specified in Part IV of the Fourth Schedule, or

(ii) if it is a disability pension, as specified in Part IV of the Fifth Schedule.

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

(a) she exclusively or primarily supports a minor child as a single parent or her husband is permanently incapable of supporting him or does not live with her or is serving a prison sentence for a period of more than one (1) year;

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

(c) assumed the sole or primary maintenance of her father, who is unable to support himself, or of her mother who is a widow or unmarried or whose husband is unable to support himself, or of a person who has the care of her dependent child;

(d) assumed the sole or primary maintenance of her husband, who is permanently incapable of supporting himself,

then the weekly amount of the basic benefit is increased as specified in Part III of the Fourth Schedule.

(2A) In a case where a father is entitled to paternity allowance under the provisions of subsection (5) of section 29A, he maintains exclusively or mainly minor children as a single parent, the weekly amount of the basic benefit shall be increased as specified in Part III of the Fourth Schedule.

(3) Where a person who is entitled to a widow’s pension under subsection (1) or (2) of section 41 or a missing person’s allowance under subsection (1) of section 45 or a widow’s pension under subsections (2) and (3) of section 52 –

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

(b) assumed the sole or primary maintenance of his father, who is incapable of supporting himself, or of his mother who is a widow or unmarried 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) if it is a widow’s pension under section 41 or a missing person’s allowance under section 45, as specified in Part IV of the Fourth Schedule;

(ii) if it is a widow’s pension under section 52, as specified in Part II of the Fifth Schedule.

(4) Where a person who is entitled to sickness, unemployment or personal injury benefit –

(a) cohabits with his/her spouse or supports him/her exclusively or primarily;

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

then the weekly amount of the basic benefit increases –

(i) if it is a sickness benefit or unemployment benefit, as defined in Part II of the Fourth Schedule, or

(ii) if it is a personal injury benefit, as defined 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 employment or the amount of any 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 referred to in subparagraphs (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 the highest amount.

(6) No increase in benefit shall be paid to any person under this section in respect of any dependant entitled to a widow’s pension, statutory pension, disability pension, missing person’s allowance, orphan’s allowance, disability pension or parental pension.

(7) The increase, which is paid in accordance with subsection (1) of this section, in respect of a spouse who was living with the beneficiary at or after the time of granting the pension or who was supported by the beneficiary at or after the said time, may be paid to the husband or wife, as the case may be, if he or she has ceased to live with the beneficiary and the Director deems this reasonable, taking into account the circumstances of each case.

(8) The increase, which is paid for a dependent under this article to a person who is entitled to a statutory pension, disability, widowhood, invalidity or missing person’s allowance, ceases to be paid to the beneficiary from the date from which a social pension is paid to the dependent.

59(I)/2010193(I)/201252(I)/2017126(I)/2019214(I)/2022
Thirteenth payment of pensions and other benefits
63.-(1) Every person entitled to a statutory pension, disability pension, widow’s pension, orphan’s allowance, missing person’s allowance, disability pension or parental pension, is entitled for each year to an additional amount equal to one twelfth (1/12) of the total amount of benefit paid to him during that year.

(2) The amount referred to in subsection (1) shall be paid in December of each year together with the corresponding benefit for that month:

It is understood that, in the event of termination of the benefit before December, the said amount shall be paid as soon as possible after termination.

59(I)/201052(I)/2017
Benefit applications and payments
64.-(1) Subject to the other provisions of this Law, the granting of any benefit requires the submission of an application by the person entitled to the benefit.

(2) Regulations shall regulate the time limit for submitting an application for a benefit, the circumstances under which the time limit for submitting an application for a benefit may be extended, the manner of submitting the application and the circumstances under which, whether an application has been submitted or not, the right to receive the benefit shall lapse due to failure or delay in submitting an application or in collecting payment of the benefit.

(3) Notwithstanding the other provisions of this Law, Regulations shall also regulate the time and manner of payment of benefits, the time of commencement of payment of benefits granted for the first time, the time of termination of the payment of benefits, the time from which any changes in the amount of benefits apply and the calculation of the amount of benefits for periods of time shorter or longer than one week.

59(I)/2010
Accumulation of rights for two or more benefits
65.-(1) Where a person simultaneously establishes a right to two or more periodic benefits on the basis of his own insurance under this Law, he shall be entitled only to the benefit paid at the highest rate and, in the event that the said benefits are paid at the same rate, to the benefit granted to him first:

It is understood that the disability pension or orphan’s allowance paid either due to an occupational accident that occurred, or due to a specified illness or injury that occurred before 6 October 1980, with the exception of any increase for dependants, is paid even if another periodic benefit is paid at the same time:

It is further understood that, in a case where an insured person who has reached the age of sixty-three (63) years simultaneously establishes a right to a sickness benefit and a statutory pension and requests a sickness benefit, based on the provisions of the third proviso to subsection (1) of article 31, then for the period of interruption of his employment due to illness, he receives a sickness benefit regardless of the amount of the statutory pension to which he has established a right.

(2) A person is entitled to receive simultaneously two or more disability pensions, the total amount of which is calculated taking into account the total degree of the relevant disabilities and the highest of the two or more averages of insurance units, as calculated in accordance with Part IV of the Fifth Schedule:

It is understood that –

(a) in no case may the sum of the degrees of disability exceed 100%, and

(b) no supplementary benefit is paid for disability caused before October 6, 1980.

(3) A person who is entitled to a widow’s pension under subsection (1) or (2) of article 41 or a missing person’s allowance under subsection (1) of article 45 or a widow’s pension under subsections (2) and (3) of article 52, is entitled to receive simultaneously a statutory pension, disability pension, disability pension, maternity benefit, paternity benefit, parental leave benefit, sickness benefit, unemployment benefit or bodily injury benefit, as the case may be:

It is understood that an increase for dependents is paid only with the benefit that has the largest increase or, in the event that the benefit increases are of the same amount, the increase in the benefit that was granted first is paid.

59(I)/201052(I)/2017115(I)/2017150(I)/2022214(I)/2022
Representation of deceased or incapacitated persons

Where a person who has applied for any benefit or who claims to be entitled or who was entitled to any benefit or a person to whom a benefit is paid is for any reason incapable of acting or has died, the Director may appoint a suitable person to apply for, claim or collect the benefit, as a representative or on behalf of or on behalf of the said person.

59(I)/2010
Benefits inalienable
67.-(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, is void and, in the event of the bankruptcy of a beneficiary of a benefit, the benefit does not accrue to the bankruptcy trustee or to any other person acting on behalf of the creditors of the beneficiary.

(2) No benefit is subject to seizure under the Civil Procedure Law, as amended or replaced from time to time.

59(I)/2010
Return of benefit received illegally
68.-(1) In the event that it is proven that a person received any amount in the form of a benefit, without being entitled to it, such person must return the amount received, if it was paid to him due to concealment or false representation of a material fact, whether the concealment or false representation was fraudulent or not.

(2) The amount due may be withheld from any benefit due subsequently, without however excluding the claim of the said amount by any other means:

It is understood that, when a person who received any amount in the form of a benefit without being entitled to it, proves that he received it in good faith and without knowing that he was not entitled to it, the amount shall be refunded immediately or withheld from any benefit due subsequently, if no reasonable time has elapsed.

59(I)/2010
PART VI ADMINISTRATIVE IMPLEMENTATION OF THE LAW AND FINANCIAL ISSUES
Appointment of inspectors
69.-(1) The Director may appoint any of the officers of the Social Insurance Services or of the Ministry of Labour and Social Insurance or any other person as an inspector, to exercise the powers and duties assigned to him under this Law.

(2) Any action which the Director is required or authorized to take under this Law may be taken by an inspector appointed in accordance with this article or by any other officer of the Social Insurance Services or the Ministry of Labour and Social Insurance or any other person to whom the Director grants the relevant authorization for this purpose.

59(I)/201052(I)/2017127(I)/2024
Inspectors’ powers
70.-(1) Every inspector appointed under section 69 shall have the power, for the purpose of implementing the provisions of this Law, to take the following actions:

(a) To enter at a reasonable time any premises or other place, with the exception of private residences, where he justifiably believes that employees or self-employed persons are employed;

(b) to proceed with the necessary examination and investigation to verify whether the provisions of this Law are or were complied with in the said premises or other place;

(c) to examine, either alone or, if he deems it appropriate, in the presence of another person, any person found in the said premises or other place, who he justifiably believes is or was an employee or self-employed person and to require him to submit to such examination, in relation to matters relating to this Law, for which he may reasonably request information;

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

(2) The owner of any premises or other space referred to in paragraph (a) of subsection (1) and any other person who has or had in his service any employee, his representatives and servants and any employee or self-employed person must provide the inspector with any information and produce for his examination any book or document that he considers reasonable to require.

(3) Any person who –

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

(b) refuses or neglects to answer any question put to him or to give any information or to produce any book or document, although he is obliged to do so under this section;

(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, in the event of conviction, is liable to a term of imprisonment not exceeding one (1) 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 under this article to answer a question or to give testimony that tends to incriminate him.

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

59(I)/2010
Establishment of Medical Councils and Secondary Medical Councils
71.-(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 chairmen and members of the Medical Councils, the deputy chairmen and members of the Secondary Medical Council, as well as specialist doctors, shall be paid a fee, the amount of which shall be determined by the Minister, for each session or examination, as well as the amount of any expenses incurred in participating 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.

59(I)/2010
Social Insurance Council
72.-(1) There is hereby established a Social Insurance Council, hereinafter referred to as “the Council”, which shall consist of the following members appointed by the Minister:

(a) the President who comes from the Public Service,

(b) three (3) members also coming from the Public Service,

(c) ten (10) members appointed, after the Minister has consulted the representative organizations of employees and employers, who equally represent the interests of employees and employers,

(d) four (4) members appointed, after the Minister has consulted the representative organizations of farmers, who represent the interests of farmers, and

(e) three (3) other suitable members who do not fall into any of the above categories, one of whom represents the interests of the self-employed.

(2) The President and the members of the Council are appointed for a period not exceeding two (2) years, with the possibility of reappointment after the end of their term:

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

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

(4) The Council may exercise its powers even in the event that the position of any member becomes vacant.

(5) The Council is competent to advise the Minister on the following matters:

(a) The annual budget for administrative expenses, including personnel needs, for the implementation of this Law and the annual budget for income and expenses of the Fund for benefits,

(b) the annual accounts of the Fund,

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

(e) any proposed amendment to this Law and the Regulations,

(f) the report submitted each time by the actuary in accordance with article 76,

(g) the investment of the Fund’s assets, and

(h) any other matter that the Minister or the Director deems appropriate to refer to the Council.

(6) The Council shall review, at least once every three (3) months, the activities of the Fund.

59(I)/2010
Social Insurance Fund
73.-(1) For the purposes of this Law, a Social Insurance Fund is established, called “the Fund”, to which all the assets and liabilities of the Social Insurance Fund, established by virtue of the repealed law, are transferred, which consists of the following four (4) accounts –

(a) the Basic Pensions Account, which is charged with the payments of the basic statutory pensions, disability and widowhood granted under article 41, the basic orphan’s allowance granted under article 43 and the missing person’s allowance as well as any basic lump sum, in relation to the aforementioned benefits;

(b) the Supplementary Pensions Account, which is charged with the payments of the supplementary benefits referred to in paragraph (a) as well as any supplementary lump sum in relation to the aforementioned benefits;

(d) the Other Benefits Account, which is charged with the payments of sickness, maternity, paternity and parental leave benefits, marriage, childbirth and funeral benefits and benefits due to occupational injuries, as well as the administrative expenses incurred for the implementation of the provisions of this Law.

(2) 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 Consolidated Fund of the Republic or covered by a special contribution, which shall be imposed by Regulations.

(3) The contributions provided for in this Law shall be paid into the Fund and distributed among the accounts referred to in subsection (1) at the specified percentage.

(4) The Fund may accept donations for the benefit of any of the accounts referred to in subsection (1).

(5) The Fund is under the control and management of the Director.

(6) The accounts of the Fund shall be examined by the Auditor General of the Republic and shall be published with his report on these accounts.

(7) The Director, in accordance with the instructions of the Minister of Finance from time to time, invests the assets of the Fund, with the aim of maximizing its reserves, taking into account the security, liquidity and return on investments, the role that these investments should play in the general development effort and the government’s fiscal and economic policy:

It is understood that, by March 2010, 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.

(8) The Director shall submit to the House of Representatives a report on the status of the Fund’s investments for the six-month period ending on 30 June and 31 December of each year, respectively.

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Administration expenses
74.-(1) All expenses incurred by the Director or by any other public servant for the implementation of this Law shall be initially covered by the Consolidated Fund of the Republic.

(2) The amount that the Director calculates in accordance with the instructions of the Accountant General of the Republic as being proportionate to the expenses referred to in subsection (1), shall be paid into the Consolidated Fund of the Republic by the Fund at a time and in a manner determined by the Accountant General of the Republic.

59(I)/2010
Certain payments to and from the Consolidated Fund of the Republic
75.-(1) The Consolidated Fund of the Republic shall pay to the Fund a percentage of the annual expenditure on the basic statutory pensions, widowhood, disability and missing person’s allowance paid for the spouse of a missing person, against the expenditure on the increase in the minimum pension or allowance, in excess of 70%, as provided for in paragraph 5 of Part IV of the Fourth Schedule.

(2) The percentage referred to in subsection (1) will be calculated every three years by an actuarial study.

(3) The Fund shall pay to the Consolidated Fund of the Republic the lump sum determined amount that would be paid in accordance with articles 38 or 42, if the beneficiary were not entitled to a social pension, as well as the increase in benefit for a dependent, in respect of which subsection (8) of article 62 applies.

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Actuarial reviews
76.-(1) An actuary, appointed by the Minister, shall review every three years the entire implementation of this Law and the financial situation of the Fund:

It is understood that such a review may, at the discretion of the Minister, be conducted before the lapse of three (3) years from the last review.

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

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 consulting 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.

59(I)/2010
Adjustment of benefit amounts
77.-(1) (a) The amount of the basic statutory pensions, widowhood and disability, the basic orphan and missing person allowances, the basic disability and parental pensions, including the corresponding pensions and allowances the material time of which precedes 6 October 1980, as well as any increases in these benefits, shall be adjusted from 1 January of each year, by the percentage increase in the amount of the basic insurable earnings as calculated in accordance with article 20.

(b) Notwithstanding the provisions of article 20, the basic benefits referred to in paragraph (a) of this subsection shall increase by 0.81% from 1 January 2017.

(1A) The amount of the childbirth allowance is adjusted from the first Monday of each contribution year, by the percentage increase in the amount of the basic insurable earnings, as calculated in accordance with the provisions of article 20.

(2) For the purposes of this article, when the amount of the basic statutory pension, widowhood or disability or missing person’s allowance, is lower than the maximum amount of basic benefit that could be paid to the beneficiary, the provisions of subsection (1) shall also apply to the part of the supplementary benefit required to supplement the said maximum amount.

(3) The amount of the supplementary benefits referred to in subsection (1) shall be adjusted from the date of adjustment of the basic benefits, by the percentage increase in the average consumer price index during the second half of each year, compared to the corresponding average during the second half of the previous year:

It is understood that the above increase may not be greater than the increase in basic pensions in accordance with subsection (1).

(4) On 1 July of each year, the benefits referred to in subsection (1) shall increase by the percentage increase in the average consumer price index during the immediately preceding six months, compared to the average of this index during the last six months of the previous year:

It is understood that, if this percentage is lower than 1%, no increase shall be granted:

It is further understood that the percentage increase is offset against the percentage of the next increase granted in accordance with subsections (1) to (3):

It is further understood that, for the purposes of offsetting the percentage of the increase to be granted on 1 January 2024, the percentage calculated before the offsetting provided for in subsection (6) shall be taken into account.

(5) The application of subsections (1), (2), (3) and (4) is suspended for the period from 1 January 2013 to 31 December 2016.

(6) The percentage of the first increase granted under the provisions of this article after 2 January 2023 will be offset by a percentage of 0.8%.

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Extension of contribution payment deadline
77A. (1) Notwithstanding the provisions of this Law and the Regulations issued thereunder, the Minister may issue a decree extending the deadline for payment of contributions by employers and self-employed persons for a maximum period of two (2) weeks from the date of issuance of the decree to deal with emergency situations.

(2) The decree provided for under the provisions of subsection (1) may have retroactive effect.

215(I)/2022
Power to issue Regulations

The Council of Ministers may issue Regulations for the better implementation of the provisions of this Law and, without affecting this generality, to determine or regulate any matter that requires or is amenable to determination or regulation and in particular to determine or regulate-

(a) determining the percentage of distribution of contributions to the accounts of the Social Insurance Fund,

(b) the amount of negligible remuneration,

(d) the amount of insurable earnings of any category of employees,

(e) the classification of self-employed persons into professional categories,

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

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

(h) the registration of insured persons and employers,

(i) any matter 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 time of payment of contributions and the coordination of their payment and collection with the payment and collection of contributions under other laws,

(iii) the circumstances under which contributions unduly paid may be refunded,

(iv) the terms of refund of contributions paid by any insured person in respect of insurable earnings in excess of the maximum limit of insurable earnings,

(j) the imposition of an additional fee on the amount of contributions due in the event of failure to pay contributions in violation of the provisions of this Law,

(k) the provision of specified information by a doctor treating or called upon to visit a patient who is believed to be suffering from any disease contracted by reason of his employment or the performance of a necropsy on the body of a person whose death is believed to have been caused by any disease referred to in subsection (3) of section 56,

(l) the circumstances under which a person is deemed not to be engaged in work for profit,

(m) the composition and operation of the Medical Councils and the Secondary Medical Council provided for in article 71.

(n) [Repealed]

(o) [Repealed]

(p) [Repealed]

(q) [Repealed]

59(I)/20102(I)/2012
PART VII EXAMINATION OF APPLICATIONS AND DISPUTE RESOLUTION
Review of applications for benefits
79.-(1) Every application for benefit shall be examined within a reasonable time by the Director or another officer of the Social Insurance Services authorized by the Director for this purpose.

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

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

(b) to reject:

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

(3) The degree of disability, in the case of an application for a disability benefit under article 49, is calculated by the Medical Council, following a referral of the applicant by the Director.

(4) In the event of an application for a death benefit under section 52, for a death believed or alleged to be due to any disease referred to in subsection (3) of section 56, the case shall be referred by the Director to the Medical Council for an opinion as to the causes of death.

59(I)/2010
Review of Director’s decisions on benefits
80.-(1) The Director may review any decision he has made in relation to any application for benefit if he is satisfied that –

(a) when the decision was made, he was unaware of a material fact or was under a mistake as to such a fact, or

(b) since the issuance of the decision, there has been a change in the actual circumstances on which the issuance of the decision was based or which constituted, according to the law, the condition for its issuance,

may review the application and approve or reject it accordingly.

(2) In the event of approval of an application for a periodic benefit following a review of a previous decision, the payment of the benefit is limited to the benefit due for the two (2) years immediately preceding the date of review.

(3) When an application for a benefit is rejected or partially approved, the Director shall send the applicant, within ten (10) days from the issuance of the decision, a written notification of the said decision and its justification.

59(I)/2010
Resolution of certain issues by the Director
81.-(1) In the event that any of the following issues arise, it shall be resolved, subject to the provisions of this section, by the Director-

(a) whether any employment or class of employment is or is to become insurable,

(b) whether a person is or was an employee or self-employed person,

(d) if contributions are payable by or in respect of a person, under articles 4, 11 or 14,

(e) as to the insurable earnings to be taken into account for the purposes of this Law,

(f) whether contributions have been paid by or in respect of a person for any contribution period or whether a person has equivalent insurable earnings to his credit for any period,

(g) as to the correct date of birth of a person,

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

(2) The Director may, before resolving any matter under this section, appoint any officer of the Social Insurance Services to conduct an investigation into that matter:

It is understood that the officer appointed for this purpose may, by summons, require any person to attend the conduct of the investigation, to give testimony or to produce documents that are reasonably deemed necessary for the conduct of the investigation.

(3) Any person who, in the opinion of the Director or the officer appointed under subsection (2), has any interest in a matter being resolved in accordance with this section, shall be entitled –

(a) to be present and heard during the investigation conducted into this matter, and

(b) to obtain a copy of the relevant decision of the Director and the reasons for the decision.

(4) The Director may review a decision issued in accordance with this article, if new information comes to his attention.

59(I)/2010
Finality of certain decisions of the Director and Minister
82.-(1) In any judicial proceedings –

(a) for an offence provided for in this Law, or

(b) relating to a matter relating to the payment of any contribution under this Law, or

the decision of the Director on any matter specified in subsection (1) of section 81 is final for the purposes of the said procedure, if no hierarchical appeal is pending against the decision under section 83 or the time limit prescribed for the submission of the appeal has expired:

It is understood that, in the event of a hierarchical appeal against the Director’s decision, the Minister’s decision is also final for the said purposes, if no appeal is pending before the Court against this decision or the prescribed deadline for such an appeal has expired.

59(I)/2010
Hierarchical appeal
83.-(1) Anyone who is not satisfied with a decision of the Director, which is issued under the provisions of this Law, may, within fifteen (15) days from the notification of the decision to him, appeal it by means of a written application to the Minister, in which he shall set out the reasons on which he bases the appeal.

(2) The Minister shall examine the appeal before him without undue delay, decide on it and notify the appellant of his decision 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 to submit to the Minister the findings of such examination, before he 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.

59(I)/2010
PART VIII MISCELLANEOUS PROVISIONS
Reciprocal agreements with other countries

Without prejudice to the provisions of article 169 of the Constitution, for the purposes of implementing any reciprocal agreement concluded with the Government of another country on social security matters, the Council of Ministers may, by decree published in the Official Gazette of the Republic, amend the provisions of this Law for the application of the agreement in the cases of persons affected by it.

59(I)/2010
Offenses and penalties
85.-(1) Any employer or self-employed person who fails or neglects to pay any contribution or additional fee is guilty of an offence and, in the event of conviction, is liable to a term of imprisonment not exceeding one (1) year or to a fine not exceeding three thousand four hundred euros (€3,400.00) or to both of these penalties, and in the event of a second or repeated conviction for the same offence, to a term of imprisonment not exceeding two (2) years or to a fine not exceeding five thousand euros (€5,000.00) or to both of these penalties.

(2) In the event of a conviction under subsection (1), the employer or the self-employed person, as the case may be, in addition to any other penalty to which he is subject, shall be obliged to pay to the Fund the amount of the contributions or additional fee which he omitted or neglected to pay and an additional amount not exceeding 25% of the said amount or in the event of a second or repeated conviction for the same offence, an additional amount not exceeding 50%, as the Court may order:

It is understood that the amount of the additional fee due is calculated on the day of conviction.

(3) In every 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 was liable to pay under this Law, in respect of the same or another person whom he employed for any period prior to the date of the offence, provided that notice is served with the summons or warrant:

It is understood that, if such omission or negligence is proven, the Court may order the employer to pay to the Fund an amount equal to the total contributions that he omitted or neglected to pay.

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

(5) Any amount paid by an employer or self-employed person under subsections (1), (2), (3) and (4) of this section shall be deemed to be a payment made for the settlement of unpaid contributions:

It is understood that, subject to the provisions of subsection (3) of article 10, the employer is not entitled to request or recover from the employee the contributions paid by the employee in accordance with the provisions of this Law.

(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 for himself or for another person or for any other purpose relating to this Law-

(a) knowingly or negligently makes a false report or misrepresentations, or

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

is guilty of an offence and, in the event of conviction, is liable to a term of imprisonment not exceeding three (3) years or to a fine not exceeding eight thousand five hundred euros (€8,500.00) or to both such penalties.

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

(8) Anyone who violates or fails to comply with any provision of this Law or the Regulations issued under it, for which no penalty is expressly provided in the event of his conviction, shall be liable for each offence to a term of imprisonment not exceeding one (1) year or to a fine not exceeding one thousand seven hundred euros (€1,700.00) or to both of these penalties.

(9) In the event that a criminal offence is committed, in violation of this Law and the Regulations issued under it, by a legal person or by a person acting on behalf of a legal person and it is proven either that it has been committed with the consent or complicity or negligence of a natural person who, at the time of the commission of the criminal offence, holds a position of advisor, director, secretary or other similar position in the legal person or appears to be acting in such a capacity, then both the said natural person and the legal person are guilty of the same criminal offence and are subject to the penalty provided for this offence.

(10) Nothing contained in this article shall prevent the Director from claiming by civil action any amount due to the Fund.

59(I)/2010
Imposition of administrative sanctions on employers
85A.-(1) Subject to the provisions of article 85B, when an inspector appointed under the provisions of article 69 finds a case of undeclared work by an employee, even if it is illegal employment, he shall impose on the employer an administrative fine of one thousand euros (€1,000) for each employee in respect of the month in which the violation was found, increased by five hundred euros (€500) for each calendar month or any part of a calendar month of employment, prior to the month in which the violation was found:

It is understood that no fine shall be imposed for any calendar month of employment or part thereof, which precedes the date of entry into force of the Social Insurance (Amendment) (No. 2) Law of 2017.

(1A) In the event that the inspector finds a repetition of the violation of undeclared work by the employer for the second or subsequent time within two (2) years from the imposition of a fine on him pursuant to the provisions of subsection (1), the fine of one thousand euros (€1,000) referred to in the said subsection shall be increased for each undeclared employee to the amount of two thousand euros (€2,000) in the event of a repetition of the violation for the second time and to the amount of three thousand euros (€3,000) in the event of a repetition of the violation for each subsequent time.

(2) When the inspector referred to in subsection (1) establishes a case of undeclared earnings, he shall impose on the employer the administrative fine provided for in the said subsection for each employee, including an illegally employed employee, with respect to whom the violation was committed:

It is understood that no administrative fine shall be imposed for undeclared earnings in relation to a month of contributions for which the deadline for payment of the corresponding contributions has expired before the date of entry into force of the Social Insurance (Amendment) (No. 2) Law of 2017.

(3) Subject to the provisions of subsection (6), the total amount of the administrative fine imposed on an employer employing up to ten (10) insured persons, pursuant to subsections (1), (1A) and (2), may not exceed ten thousand euros (€10,000), in each case of a violation.

(4) The inspector, upon ascertaining the violation and before imposing the administrative fine, shall draw up on the spot and serve on the employer, with proof of receipt, a Notice of Finding of the Violation in the form approved by the Director, in which the finding of the violation as well as the inspector’s intention to impose an administrative fine is recorded, informing the employer of the reasons for which he intends to act in this way and granting him the right to submit representations within a period of five (5) days from the date of the notice.

(5) In the event that the deadline referred to in subsection (4) passes without action or, if within this deadline the offender fails to present evidence proving that he did not commit the relevant offence, then the inspector shall draw up a Fine Imposition Act, in the form approved by the Director, which he shall send to the offender, no later than the next working day, by registered letter, the receipt of which shall be confirmed by the relevant receipt.

(6) In case of payment of the administrative fine within the deadline specified in article 85G, the fine is reduced by thirty percent (30%), while in case of late payment it is increased by fifty euros (€50) for each day of delay.

(7) This article does not apply to households with regard to the employment of domestic workers or persons providing care services to members of the household.

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Presumption of minimum period of employment
85B.-(1) The employee, with respect to whom the violation under article 85A was committed, is presumed to have been continuously employed by the employer, in whose service he was on the day the violation was discovered, for the immediately preceding six (6) months with earnings equal to one and a half times the amount of the basic insurable earnings in force on the day of the violation, unless the employer proves that the period of employment was shorter and/or that the amount of earnings was lower:

It is understood that where it is established that the actual period of employment is longer than six (6) months or that the actual amount of remuneration was higher than the presumed amount, the actual period and/or the actual amount of remuneration is taken into account.

(2) The deemed period of employment shall be considered as insurable employment under the provisions of the Social Insurance (Amendment) (No. 2) Law of 2017 and as employment under the provisions of any other law, which provides for the rights of employees and the obligations of employers arising from the employment of an employee.

52(I)/2017
Suspension of employer’s operations
85C.-(1) If an employer is imposed an administrative fine, in accordance with the provisions of article 85A, for the second time within a period of two (2) years, the case shall be referred to a Committee consisting of the Director, as chairman, and two (2) Officers of the Ministry of Labour and Social Insurance appointed by the Minister, as members, which shall have the power, by its reasoned decision and with the consent of the Minister, to order the temporary suspension of the operation of the employer’s entire business or a department or departments thereof, for a period not exceeding forty-eight (48) hours.

(2) The Commission, before issuing its decision, shall, by written notice, notify the employer of its intention to examine the case of imposing on him the sanction referred to in subsection (1) and shall inform him of his right to appear before it and to be heard.

(3) The service of the notice referred to in subsection (2) and any decision of the Commission shall be effected by delivering the relevant documents to the employer concerned with a receipt or may be effected by registered letter, the receipt of which shall be confirmed by a relevant receipt.

(4) The Commission, in imposing the above sanction, takes into account the seriousness of the violation, similar violations for which an administrative fine or suspension of the operation of the enterprise was imposed in the past, the total number of employees employed by the employer, the number of employees with respect to whom the violation was committed and the degree of cooperation of the employer with the competent inspectors in the context of the control of the implementation of this Law and the Regulations.

(5) The period of suspension of the operation of the enterprise is considered as insurable employment under the provisions of this Law and as employment under any other law or individual or collective agreement or practice, which provides for the rights of employees and the obligations of employers arising from the employment of an employee.

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Imposition of administrative sanctions on self-employed workers
85D.-(1) When the inspector referred to in article 85A establishes a case of undeclared work by a self-employed person, even if it is illegal employment, he shall impose on the said employee an administrative fine of two hundred euros (€200), increasing by two hundred euros (€200) for each calendar month or any part of the calendar month of employment of the self-employed person, prior to the month in which the violation was established:

It is understood that no administrative fine shall be imposed for any calendar month of employment or part thereof, which precedes the date of entry into force of the Social Insurance (Amendment) (No. 2) Law of 2017:

It is further understood that the total amount of the administrative fine may not exceed five thousand euros (€5,000), for each case of violation.

(2) The self-employed person who committed the violation under this article is presumed to have been continuously employed in insurable employment for the six (6) months immediately preceding the violation:

It is understood that where it is established that the actual period of employment is greater than six (6) months, the actual period shall be taken into account.

(3) The provisions of subsections (4) to (7) of article 85A shall apply mutatis mutandis to cases of imposition of an administrative fine pursuant to the provisions of this article.

52(I)/2017
Non-legalization of illegal residence, stay or employment
85E. The provisions of articles 85A to 85D shall in no case be interpreted as legalizing the residence or stay or employment of any illegally employed person, which shall be terminated immediately upon the discovery of the violation.

52(I)/2017
Duty of officers to report violations to the Director
85F. Any person who, pursuant to the provisions of article 69, is designated as an inspector or is authorized to inspect the implementation of any legislation, other than this Law, which falls under the jurisdiction of the Ministry of Labor and Social Insurance, must, if, during the conduct of any inspection in relation to the other legislation, he becomes aware of an infringement for which this Law provides for the imposition of an administrative fine, immediately notify the Director of the fact, who shall take all steps to immediately investigate the case.

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Place and time of payment of an administrative fine
85G. The administrative fine is paid to the nearest District Social Insurance Office, within thirty (30) days from the service of the Fine Imposition Act.

52(I)/2017
Application of Article 82 by analogy
85H. Article 82 shall apply mutatis mutandis to decisions imposing an administrative fine pursuant to the provisions of articles 85A and 85D.

52(I)/2017
Right to lodge an objection
85Θ.-(1) A person who is not satisfied with any decision issued under articles 85A, 85B, 85D and 85E may, within fifteen (15) days from the notification of the decision to him, submit an objection to the Objections Committee consisting of the Director General of the Ministry of Labor and Social Insurance, as chairman, and two (2) Officers of the same Ministry, appointed by the Minister, as members and who are hierarchically superior to the inspector who imposed the administrative fine, stating in writing the justification for submitting the objection and submitting the necessary supporting evidence and documents.

(2) An objection that is not accompanied by the necessary supporting evidence and documents will not be considered.

(3) The submission of an objection does not suspend the validity of the decision taken.

(4) The Appeals Committee shall examine the appeal and decide on it within a reasonable period of time and shall notify its decision to the person who submitted the appeal.

(5) When handling the objection, the Objections Committee may assign an officer of the Ministry of Labour and Social Insurance or other persons in the service of the Ministry or a committee of officers of the Ministry, to examine the issues arising in the objection and to submit a report to the Objections Committee before it issues its decision.

(6) The Appeals Committee may –

(a) To reject, in whole or in part, the objection and to uphold the contested decision accordingly;

(b) to approve, in whole or in part, the objection and to annul the contested decision, accordingly;

(d) to issue a new decision in replacement of the contested one;

(e) to refer the case to the Director, with an order to take specific action.

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Power of Minister to decide on procedural matters
85I. The Minister may issue a decision on any matter of a procedural nature relevant to the operation of the Committees referred to in articles 85C and 85I, with a view to better exercising their responsibilities.

52(I)/2017
Criminal prosecution

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

(a) criminal prosecution for an offence provided for by this Law shall be brought by the Director;

(b) any inspector or other officer authorized by the Director, with the consent of the Attorney General of the Republic, may prosecute, appear and appear before a Court and act in any judicial proceedings, which commence under the provisions of this Law, for any offence which is tried summarily.

59(I)/2010
Claiming amounts owed through civil action
87.-(1) All amounts due to the Fund may be claimed as debts owed to the Republic and, without precluding any other measure, may constitute as a contractual debt the subject of a civil action brought by the Director.

(2) A civil action, which has as its object amounts due to the Fund, may be brought by an inspector or other officer authorized for this purpose on the basis of special or general instructions of the Director and any inspector or officer so authorized may, with the consent of the Attorney General of the Republic, direct the conduct of such action.

59(I)/2010
Employer’s civil liability for loss of benefit and statute of limitations
88.-(1) Where an employer fails or neglects –

(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, in so far as any person is concerned, with the provisions of this Law and the Regulations issued thereunder, relating to the payment and collection of contributions,

and, as a result, that person or his wife, husband, widow, widower or child lost all or part of the benefit to which he would otherwise be entitled, then the beneficiary is entitled to claim from the employer by civil action, as a contractual debt, an amount equal to the benefit he lost or, in the case of any pension or missing person’s or orphan’s benefit, the amount that the Director calculated would otherwise have been paid to the beneficiary.

(2) Judicial measures may be taken under this section, even if criminal proceedings have already been initiated under another section of this Law, in relation to 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 person concerned would have been entitled to the benefit he lost, but for the employer’s omission or negligence.

59(I)/2010
Payment of fines, etc. to the Fund

Fines, fees and expenses collected under this Law shall be paid to the Fund, unless otherwise provided in this Law.

59(I)/2010
Priority of contributions in the event of bankruptcy or dissolution

Among the debts, which by virtue of –

(a) article 38 of the Bankruptcy Law, as amended or replaced from time to time, upon the distribution of the property or assets of a bankrupt person,

(b) article 300 of the Companies Law, as amended or replaced from time to time, in the event of the dissolution of a company,

shall be paid in priority over other debts, debts which are due in respect of any contribution or liability for contribution under this Law, which arose before the following dates-

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

(ii) in the second case, before the commencement of the dissolution of the company.

59(I)/2010
Exemption of the Fund from taxes, etc.

The Fund is exempt from payment –

(a) any duty or fee payable under the customs tariff in force at any time on machinery, apparatus, including their parts and spare parts, vehicles, instruments, tools, supplies and materials of any nature, which are imported for use by the Fund and are not intended for sale to the public;

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

59(I)/2010
Reduction of provident fund contributions and benefits
92.-(1) The contribution rate of the employer and the employee to any provident fund, which was in operation on 6 October 1980, shall be reduced by three (3) percentage points for each, with respect to the earnings taken into account for the payment of contributions to the provident fund and to the extent that such earnings do not exceed the maximum limit of insurable earnings.

(2) In the event that the employer is obliged, by virtue of law, scheme, collective agreement, agreement or any other arrangement, to pay to or in respect of an employee, a certain amount in addition to the amount accumulated in the provident fund for the benefit of the said employee, such certain amount shall be reduced by the amount that would have been paid into the provident fund and in addition the amount of interest that would have accrued, if the reduction specified in subsection (1) had not been applied:

It is understood that, in the event that the indexation allowance is not taken into account for the purposes of contributions to the provident fund, the said fixed amount is reduced by the amount not paid by the employee due to the reduction of his contribution and by an amount equal to 3% of the employee’s insurable earnings, in respect of which the employer paid contributions under this Law, in addition to the amount of interest that the said 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 3% of the employee’s remuneration, in respect of which the employer paid contributions under this Law, and in addition the interest that the said amount would have yielded, if it were to bear interest like the deposits of the Fund’s money.

59(I)/2010
Reduction of benefits and contributions to occupational pension plans
93.-(1) The amount of any periodical payment, paid to or in respect of an employee, from any occupational pension scheme, for periods of employment from 6 October 1980 and thereafter, shall be reduced by the amount of the corresponding supplementary benefit paid to or in respect of the employee under this Law, on the basis of the insurable earnings for which contributions were paid in respect of the employee for the periods in question.

(2) In the case of an occupational pension scheme financed by both employer and employee contributions, the contribution rate of each of them to the said scheme shall be reduced equally, taking into account the reduction of benefits under subsection (1).

(3) The contribution of a pensionable public servant under the Pensions Laws of 1997 to 2010 for a widow’s and children’s pension in relation to his pensionable earnings, up to the maximum limit of insurable earnings, is reduced by one percentage point.

59(I)/2010
Reduction of benefits for employees covered by a provident fund and occupational pension plan

In the case of an employee who is simultaneously subject to a provident fund and an occupational pension plan, either the provisions of article 92 or article 93, or the provisions of both of these articles, shall apply, but to such an extent that the resulting reduction is not greater than that which would result if only the provisions of one article were applied.

59(I)/2010
Transfer of pension rights
95.-(1) An insured person who has established a right to a statutory pension from a European Union pension scheme under the Staff Regulations of Officials of the European Union, due to his service in the European Union, is entitled to transfer to the Fund the actuarial equivalent amount of this right.

(1A) The transfer of pension rights may be carried out, provided that the applicant has not reached retirement age on the date of transfer and has commenced employment as an employee or self-employed person after his return to Cyprus.

(2)(a) An insured person is entitled, under the Staff Regulations of Officials of the European Union, to transfer an amount from the Fund to a European Union pension scheme, in accordance with Regulations issued by the Council of Ministers.

(b) From the date of transfer of the above amount, all the insurance units he had on credit at the date of transfer will not be counted for the purposes of establishing a right to any benefit.

(3) For the purposes of this article, the method of crediting the insured’s insurance account and the method of calculating the transferred amount in accordance with subsection (1), as well as the procedures concerning the amounts transferred in accordance with subsections (1) and (2) are determined by Regulations issued by the Council of Ministers.

59(I)/20102(I)/201252(I)/2017
PART IX FINAL PROVISIONS
Abolition

The Social Insurance Laws of 1980 to (No. 3) of 2009 are repealed from the date of entry into force of this Law.

59(I)/2010
Transitional provision

An insured person or beneficiary under the repealed law is considered an insured person or beneficiary under this Law and his rights and obligations, from the date of entry into force of this Law, are governed by this Law.

59(I)/2010
Entry into force of this Law

The date of entry into force of this Law shall be determined by the Council of Ministers, by notification published in the Official Gazette of the Republic.

59(I)/2010
Special Provision

Notwithstanding the provisions of subsection (2) of article 73 of this Law and subject to the provisions of Regulation 4 of the Social Insurance (Fund Accounts) Regulations, an amount of one hundred and seventy million euros (€170,000,000) is transferred from the Supplementary Pensions Account to the Unemployment Benefits Account of the Fund to cover the deficit that the Unemployment Benefits Account presents for the years 2013 and 2014.

106(I)/2014
Transitional provision

The provisions of the Social Insurance (Amendment) Law of 2015 shall also apply in relation to an insured person to whom maternity benefit is paid on the date of entry into force of the above Law, increasing the payment period by four (4) weeks for each child in excess of one from the same birth.

176(I)/2015
Transitional provision
101.-(1) Any right to a widow’s pension that existed under the provisions of section 41 before the entry into force of the Social Insurance (Amendment) Law of 2019 and relates to a death that occurred before 1 January 2018, shall continue to exist.

(2) A widower, whose wife died on or after 1 January 2018 and before the date of entry into force of the Social Insurance (Amendment) Law of 2019, is entitled to submit an application for payment of a widow’s pension during the period commencing from the date of entry into force of the said Law and until 31 December 2019:

It is understood that an application by a widower whose wife died on or after 1 January 2018 and before the date of entry into force of the Social Insurance (Amendment) Law of 2019 shall be deemed to have been submitted at the time of the death of such wife:

It is further understood that, in the above cases, the payment of a widow’s pension begins from the time of death.

126(I)/2019
Transitional provision

The provisions of the Social Insurance (Amendment) (No. 3) Law of 2021 shall also apply in relation to an insured person to whom a maternity benefit is paid on the date of entry into force of the said Law.

168(I)/2021
Transitional provision

The provisions of the Social Insurance (Amendment) Law of 2024 also apply in relation to an insured person who is on maternity leave on the date of entry into force of the aforementioned Law.

15(I)/2024
ANNEXES
FIRST TABLE
FIRST TABLE

Article 3 (2)(a)

EMPLOYEES – INSURED AND

EXEMPT JOBS

Part I – INSURABLE JOBS

Employment in Cyprus of a person based on a contract of employment or apprenticeship or purchase or provision of services or any other employment contract regardless of its characterization under such circumstances, from which the existence of an employer-employee relationship can be inferred, including employment in the Service of the Republic.
Employment of a person under a contract or under the circumstances referred to in paragraph 1 above, when such person falls within the scope of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as last amended by Regulation (EC) No. 988/2009 and as further amended or replaced from time to time and serves as a master or a member of the crew of a ship flying the flag of the Republic or as a Captain or a member of the crew of an aircraft, the owner or operator of which has its principal place of business in Cyprus.
Employment in any prison in the Republic of a person serving a prison sentence.
Training of a person in Cyprus based on a vocational training program implemented by the Authority established under the Human Resources Development Laws of 1999 to 2007, as amended or replaced from time to time.
Employment of a person under any circumstances in a private company, in which he is a shareholder. For the purposes of this paragraph, the term “private company” has the meaning assigned to it by the Companies Law.
Exercise of the clerical function.
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 – EXEMPT JOBS

1.Employment of a member of any of the naval, military and air forces of the Government of a country other than the Republic of Cyprus.

Employment in the public or diplomatic service of the Government of a country other than the Republic of Cyprus, when the person employed is recruited outside Cyprus.
Employment in the service of the spouse of the person employed.
Employment of a person who does not have his habitual residence in Cyprus or in another Member State, in the service of an employer who has neither his habitual residence or his registered office in Cyprus nor his place of business in Cyprus.
Agricultural employment in the service of the father or mother.
Employment of a person-

(a) which falls within the provisions of paragraph 2 of Part I of the First Schedule,

(b) who is employed on a ship flying the flag of the Republic for a period not exceeding six months,

(d) which is insured in another country.

SECOND TABLE
SECOND TABLE

Article 3 (2)(b)

SELF-EMPLOYED – INSURED

AND EXEMPT JOBS

Part I – INSURABLE JOBS

Employment in Cyprus of a person working for profit, provided that such employment is not insurable under Part I of the First Schedule.

Part II – EXEMPT JOBS

ek of commencement of his insurance; and

(b) has actual or equivalent insurance equal to at least 0.39 of the insurance unit during the relevant contribution year.

The insurance conditions for the granting of a statutory pension are the following:

(a) For the period from 6/10/1980 to 3/1/2010-

(i) the insured must have completed actual basic insurance of at least three (3) insurance units and one hundred and fifty-six (156) weeks must have elapsed from the week of commencement of his insurance; and

(ii) the total number of insurance units of the insured’s actual and assimilated basic insurance shall not be less than 25% of the years falling within the relevant reference period.

(b) For the period commencing from –

(i) on the first Monday of 2010, the insured person must have completed actual basic insurance of at least five (5) insurance units and two hundred and sixty (260) weeks must have elapsed from the week of commencement of his insurance;

(ii) on the first Monday of 2011, the insured must have completed actual basic insurance of at least seven (7) insurance units and three hundred and sixty-four (364) weeks must have elapsed from the week of commencement of his insurance;

(iii) on the first Monday of 2012, the insured must have completed actual basic insurance of at least ten (10) insurance units and five hundred and twenty (520) weeks must have elapsed from the week of commencement of his insurance;

(iv) on the first Monday of April 2013, the insured must have completed actual basic insurance of at least eleven (11) insurance units and five hundred and seventy-two (572) weeks must have elapsed from the week of commencement of his insurance;

(v) on the first Monday of January 2014, the insured must have completed actual basic insurance of at least twelve (12) insurance units and six hundred and twenty-four (624) weeks must have elapsed from the week of commencement of his insurance;

(vi) on the first Monday of January 2015, the insured must have completed actual basic insurance of at least thirteen (13) insurance units and six hundred and seventy-six (676) weeks must have elapsed from the week of commencement of his insurance;

(vii) on the first Monday of January 2016, the insured must have completed actual basic insurance of at least fourteen (14) insurance units and seven hundred and twenty-eight (728) weeks must have elapsed from the week of commencement of his insurance;

(viii) on the first Monday of January 2017, the insured must have completed actual basic insurance of at least fifteen (15) insurance units and seven hundred and eighty (780) weeks must have elapsed from the week of commencement of his insurance;

(ix) on the first Monday of 2010, for the cases referred to in (i), (ii), (iii), (iv), (v), (vi), (vii) and (viii), the total number of insurance units of actual and assimilated basic insurance of the insured person shall not be less than 30% of the years falling within the relevant reference period.

The insurance conditions for a lump sum old age benefit are the following:

(a) From 6/10/1980 until 3/1/2010, the insured must have completed basic insurance of at least three (3) insurance units and one hundred and fifty-six (156) weeks have passed since the week of commencement of his insurance.

(b) As of the first Monday of 2010, the insured must have completed basic insurance of at least four (4) insurance units and two hundred and eight (208) weeks must have elapsed from the week of commencement of his insurance.

(c) As of the first Monday of 2011, the insured must have completed basic insurance of at least five (5) insurance units and two hundred and sixty (260) weeks have passed since the week of commencement of his insurance.

(d) As of the first Monday of 2012, the insured must have completed basic insurance of at least six (6) insurance units and three hundred and twelve (312) weeks have passed since the week of commencement of his insurance.

The insurance conditions for the granting of a disability pension are the following:

(a) the insured must have completed actual basic insurance of at least three (3) insurance units and one hundred and fifty-six (156) weeks must have elapsed from the week of commencement of his insurance, and

(b) the total number of insurance units of actual and assimilated basic insurance of the insured person is not less than 25% of the years falling within the relevant reference period, and

(c) have actual or equivalent insurance within the relevant contribution year equal to at least 0.39 of the insurance unit, or

(d) the average of such insurance, during the last two (2) completed years of contributions prior to the benefit year, must not be less than 0.39 of the insurance unit:

It is understood that, in the event that the disability is due to an accident, the insurance conditions are the same as those required for the granting of a sickness benefit.

The insurance conditions for a widow’s pension are met if the deceased or the deceased spouse, as the case may be, satisfies the insurance conditions referred to in subparagraphs (a) and (b) of paragraph (4).
The insurance conditions for a lump sum widowhood benefit, based on paragraph (a) of article 42, are such that the deceased or the deceased spouse, as the case may be, has completed actual basic insurance of at least three (3) insurance units and one hundred and fifty-six (156) weeks have passed since the week of commencement of his/her insurance.
In the event of the death of a beneficiary of a statutory pension or a person who would have been entitled to such a pension if he had submitted an application, the reference period and the insurance conditions for the purposes of a widow’s pension are the same as those taken into account for the purposes of a statutory pension.
The insurance conditions for the granting of special benefits to a person with thalassemia are the following:

(a) The insured must have completed actual basic insurance of at least ten (10) insurance units and five hundred and twenty (520) weeks must have elapsed from the week of commencement of his insurance . and

(b) the total number of insurance units of actual and assimilated basic insurance of the insured person shall not be less than thirty percent (30%) of the years falling within the relevant reference period.

FOURTH TABLE

Article 26

AMOUNT AND LEVEL OF BENEFITS

Part I – FUNERAL AND FUNERAL AID

The amount of the childbirth allowance in relation to a child born on or after October 1, 2024 amounts to one thousand euros (€1,000) for the first child, one thousand five hundred euros (€1,500) for the second child, two thousand euros (€2,000) for the third child and two thousand five hundred euros (€2,500) for the fourth and each subsequent child:

It is understood that the amount of the childbirth allowance in relation to a child born before October 1, 2024 amounts to 6% of the annual basic insurable earnings.

The amount of the funeral benefit amounts to 5.6% of the amount of the annual basic insurable earnings, except for cases falling under the provisions of paragraph (e) of subsection (1) of article 44, in which case the amount of the benefit amounts to 2.8% of the amount of the said earnings.
Any increase in the amount of the funeral benefit due to an increase in basic insurable earnings takes effect on the first Monday of each contribution year.

Part II – SICKNESS AND UNEMPLOYMENT BENEFITS

Weekly benefit amount
Basic Complementary
60% of the weekly value of the insurance

unit (or fraction thereof) that has faith

the insured person in his basic insurance, according to

the relevant contribution year, plus-

(a) 20% for a dependent spouse and 10% for

any other dependent up to two;

(b) In the event that no increase is paid

spousal allowance for reasons other than

those mentioned in the reservation

subsection (4) of article 62, the amount of the increase

which would be paid for the spouse is paid

for one of the other dependents, the number

of which cannot exceed three;

subsection (4) of article 62, a 10% increase is paid

for each dependent up to two.

50% of the weekly value of the number

of the insurance units it has in trust

the insured person in the supplementary

his insurance during the relevant contribution year,

However, in no case will the allowance

may exceed the weekly amount of

basic insurable earnings.

Part III – MATERNITY AND PATERNITY BENEFIT

Weekly benefit amount
Basic Complementary
72% of the weekly value of the insurance

unit (or its fraction) that has

the insured’s faith in the basic insurance

of the relevant contribution year,

increasing to 80%, 90% or 100%, when the

beneficiary has one, two or three dependents,

respectively.

72% of the weekly value of the number

of the insurance units it has in

the insured’s belief in the supplementary insurance

of insurance during the relevant contribution year.

Part IV – STATUTORY, DISABILITY AND WIDOW’S PENSIONS

Weekly pension amount
Basic Complementary
(a) 60% of the weekly value of

annual average insurance premiums

units that he has in his faith

insured in his basic insurance

during the reporting period, increasing

at 80%, 90% or 100% when the beneficiary

has one, two or three dependents

respectively. In the case of an insured

person not entitled to an increase

statutory pension or disability for the

or the wife depending on the

case, an increase is paid

10% for each dependent up to two.

(b) In the event that the deceased or

the deceased was receiving a statutory
pension based on article 35A, then the

basic amount of widow’s pension will

is equal to the basic amount of the statutory

pension of the deceased or

of the deceased without the increase

of dependents. This amount

increases by 20%, 10% or 10% when the

beneficiary has one, two or three

dependents, respectively.

(a) Statutory Pensions and Disability:

1.5% of the weekly value of the total

number of insurance units of

supplementary insurance of the insured.

(b) Widow’s Pension:

(i) if the deceased was a beneficiary of a statutory pension

pension or received such

pension or was a pension recipient

disability, 60% of

supplementary pension that he

was paid or would be paid to him and

(ii) in any other case, 60%

of the disability pension that will

was paid to the deceased if

satisfied the conditions for such

pension on the day of his death, except

from conditions (c) and (d) of

paragraph 4 of the Third Table.

In the case of an invalidity or widow’s pension, which is granted for invalidity or death, as the case may be, due to an accident, the weekly amount of the basic pension shall be calculated on the basis of the insured person’s basic insurance during the relevant contribution year, in relation either to the date of the accident or to the relevant time for the invalidity or widow’s pension, as the case may be, if this is more beneficial to the beneficiary.
If the insured person received a disability pension immediately before reaching the age of sixty-three (63) years for total loss of earning capacity, the amount of the statutory pension is equal to the amount of the disability pension he was receiving.
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 50, the amount of the statutory pension is equal to the amount of the disability pension that he would have received if his loss of earning capacity had been total.
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 50.
Where the weekly amount of benefit, as calculated under this Part, is less than 85% of the amount of the basic benefit that would be paid to the beneficiary for an annual average of basic insurance equal to one insurance unit, the amount of the basic benefit shall be increased so that the total benefit is not less than 85%.
In the event of the death of a beneficiary of a statutory pension, the increase in the statutory pension to which the deceased would be entitled under article 37 shall be added to the widow’s pension.
When 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 in accordance with this Part.

(b) For a loss of 66 2/3% to 75%, equal to 75% of the said amount.

When a person is simultaneously entitled to a widow’s pension and a statutory pension or a disability pension, the total amount of the supplementary pensions may not exceed the amount of the supplementary statutory pension to which the person in question would be entitled if the number of insurance units in his supplementary insurance were at the maximum limit for the period from the commencement of his/her/his spouse’s or the person’s own insurance, whichever is the earlier, until he/she reaches pensionable age.

Part IV(1) – PARENTAL LEAVE ALLOWANCE
Weekly amount of allowance
Basic Complementary
72% of the weekly value of the insurance unit (or fraction thereof) that the insured person has in his/her basic insurance during the relevant contribution year. 60% of the weekly value of the number of insurance units that the insured person has in his/her supplementary insurance during the relevant contribution year.

Part V – LUMP SUMS FOR OLD AGE AND WIDOWSHIP

Amount of lump sum
Basic amount Additional amount
15% of the value of all insurance policies

real basic insurance units and

of insurance units of equivalent

basic insurance, which the

insured, pursuant to subsection (1) of

article 17.

(a) Lump sum Old Age Benefit:

15% of the value of all

insurance units real

supplementary insurance and

insurance units assimilated

supplementary insurance, which has

in his/her faith the insured, by virtue of

of subsection (1) of article 17.

(b) Lump sum Widow’s benefit:

9% of the value of all

insurance units real

supplementary insurance and

insurance units assimilated

supplementary insurance, which had

his faith the deceased husband, by virtue of

of subsection (1) of article 17.

Part VI – ORPHANS’ ALLOWANCE

(a)Weekly amount of benefit pursuant to paragraphs (a) and (b) of subsection (1) of article 43:
Basic Complementary
40% of the weekly amount of

basic insurable earnings.

50% of the supplementary pension

widowhood that was or would be paid

for the death of the orphan’s parent.

In case the allowance is granted

regarding more than two orphans,

its height is reduced accordingly, so that the

total amount of the allowance for all

orphans should not exceed the height of

supplementary widow’s pension.

In case both parents were insured, the weekly amount of the supplementary allowance is calculated based only on the insurance of the parent that is more beneficial for the minor.
(b)Weekly amount of benefit pursuant to paragraph (c) of subsection (1) of article 43:

20% of the weekly amount of basic insurable earnings for each minor.

PART VII – BENEFIT AMOUNT FOR THE PERIOD FROM THE 7TH

JANUARY 2013 UNTIL JANUARY 1 , 2017

In the case of a person whose material time falls in the period from 7 January 2013 to 1 January 2017, the weekly and annual amount of basic insurable earnings for the purposes of calculating Part IV, Part V and Part VI benefits are set at one hundred seventy-two euros and ninety-eight cents (€172.98) and eight thousand nine hundred ninety-five euros (€8,995), respectively.

Part VIII – BENEFIT AMOUNT FOR THE PERIOD FROM JANUARY 2 , 2023 TO

AND ON DECEMBER 31 , 2023

In the case of a person whose material time falls in the period from 2 January 2023 to 31 December 2023, the amount of benefits of Parts IV to VI increases by 0.8%.
FIFTH TABLE
FIFTH TABLE

Article 46

BENEFITS DUE TO OCCUPATIONAL INJURIES

Part I – BODILY INJURY BENEFIT

Weekly benefit amount
Basic Complementary
60% of the weekly amount of basic benefits

insurable earnings in the relevant year

contributions, now:

(a) 20% for dependent spouse and 10%

for each other dependent up to two;

(b) In the event that no increase is paid

spousal allowance for reasons other than

those mentioned in the reservation

subsection (4) of article 62, the amount of

increase that would be paid for the spouse

paid for one by the other

dependents, the number of whom cannot be

to exceed three;

of subsection (4) of article 62 is paid

10% increase for each dependent up to two.

50% of the weekly value of the number of

insurance units of

supplementary insurance of

insured during the relevant contribution year

in relation to the date of

accident, but in no case

the allowance cannot exceed

the weekly amount of basic benefits

insurable earnings.

In the event that the beneficiary would also be entitled to sickness benefit, the weekly amount of the bodily injury benefit cannot be lower than the weekly amount of the sickness benefit.

Part II – DEATH BENEFITS

Type of Service Weekly height
Basic Complementary
(a) Widow’s Pension
60% of the weekly amount

of the main insured

salary increasing in

80%, 90% or 100% for

beneficiary with one, two or three

dependents, respectively.

60% of the amount of the supplementary benefit

100% disability pension,

as calculated according to

with Part IV.

(b) Parent’s pension
40% of the weekly amount of

basic insurable earnings.

30% of the amount of the supplementary benefit

100% disability pension,

as calculated according to

with Part IV.

in cases where

the paragraph applies

(1)(a) and (b) of article 43

40% of the weekly amount of

basic insurable earnings.

50% of the amount of the supplementary benefit

widow’s pension that was paid

or would he be killed

of the orphan’s parent. In

case where the allowance is granted

regarding more than two

orphaned, its height decreases

accordingly so that the total amount of

allowance for all orphans to

do not exceed the height of

supplementary widow’s pension.

(d) Orphan’s allowance in

cases where it applies

subsection (1)(c) of article 43.

20% of the weekly amount

of basic insurable earnings

for every minor.

In case both parents were insured, the weekly amount of the supplementary allowance is calculated based only on the insurance of the parent that is more beneficial for the minor.

Part III – DISABILITY ALLOWANCE

The amount of the disability benefit is equal to seven times the annual amount of the basic disability pension of 100%, without increases for dependents, multiplied by the percentage of disability:

It is understood that the amount of the benefit for any calculation period shorter than seven (7) years is reduced by the ratio of this shorter period to the seven (7) year period.

Part IV – DISABILITY PENSION

Weekly amount for 100% disability level
Basic Complementary
60% of the weekly amount

of basic insurable earnings,

increasing to 80%, 90% or 100%

for a beneficiary with one, two or three

dependents, respectively. In

case of an insured person who does not

is entitled to a pension increase

disability for the spouse, as the case may be

a 10% increase is paid for

each dependent up to two.

60% of the weekly value of

annual average of insurance premiums

supplementary insurance units

of the insured during the period

since the start of the second

completed year of contributions

before the day of the relevant

accident until the last

week before that of

accident.

(1) For a degree of disability below 100%, the weekly amount of the pension is calculated according to the degree of disability.

(2) When a person is entitled to a widow’s pension and a disability pension at the same time, the total amount of the supplementary pensions may not exceed the amount of the supplementary statutory pension to which the person in question would be entitled, if the number of insurance units in his supplementary insurance were at the maximum limit for the period from the commencement of his/her/his spouse’s or the person’s own insurance, whichever is earlier, until he/she reaches pensionable age.

Part V – BENEFIT AMOUNT FOR THE PERIOD FROM JANUARY 7 ,
2013 TO JANUARY 1 , 2017

In the case of a person whose material time falls in the period from 7 January 2013 to 1 January 2017, the weekly and annual amount of basic insurable earnings for the purposes of calculating Part II, Part III and Part IV benefits are set at one hundred seventy-two euros and ninety-eight cents (€172.98) and eight thousand nine hundred ninety-five euros (€8,995), respectively.

Part VI – BENEFIT AMOUNT FOR THE PERIOD FROM JANUARY 2 , 2023 TO

AND ON DECEMBER 31 , 2023

In the case of a person whose material time falls in the period from 2 January 2023 to 31 December 2023, the amount of benefits of Parts II and IV increases by 0.8%.

OFF TABLE
OFF TABLE

Article 49

DISABILITY DEGREES

Sequential

No.

Description of physical injury
Degree

Disability

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 of a monocular person 100
7 Loss of one arm of the only upper limb he had left 100
8 Loss of his only remaining lower limb from a single leg 100
9 Loss of a limb and a limb of a foot 100
10 Any other injury resulting in total permanent disability 100
11 Very severe facial deformity 100
12 Complete deafness 100
Upper limb amputations
13 Amputation from the shoulder joint 80
14 Amputation of the arm between the elbow and shoulder 70
15 Loss of the forearm from the elbow 70
16 Loss of the forearm between the wrist and elbow 70
17 Loss of hand from the wrist 60
18 Loss of all fingers on one hand 60
19 Loss of four fingers of one hand, except for the thumb 40
20 Loss of both phalanges of the thumb 30
21 Loss of a thumb phalanx 20
22 Loss of all three phalanges of the index finger 14
23 Loss of two phalanges of the index finger 11
24 Loss of a phalanx of the index finger 9
25 Loss of three phalanges of the middle finger 12
26 Loss of two phalanges of the middle finger 9
27 Loss of a phalanx of the middle finger 7
28 Loss of three phalanges of the ring or little finger 7
29 Loss of two phalanges of the ring or little finger 6
30 Loss of a phalanx of the ring or little finger 5
31 Loss of metacarpal bones – 1st or 2nd or both 5
32 Loss of metacarpal bones – 3rd, 4th or 5th or all together 4
Lower limb amputations
33
Bilateral amputation from the thigh or from the thigh to one side and loss of the other

leg or bilateral below-the-knee amputation

100
34
Bilateral amputation from the tibia below five inches from the knee

100
35
Amputation of one leg below five (5) inches from the knee and

loss of the other leg

100
36
Amputation of both legs resulting in a stump

90
37
Amputation through both legs behind the metatarsophalangeal joint

80
38
Loss of all toes and both feet from the metatarsophalangeal joint

40
39
Loss of all toes of both feet behind the posterior interphalangeal

joint

30
40
Loss of all toes and both feet in front of the hind foot

interphalangeal joint

20
41 Amputation from the hip joint 90
42
Amputation below the hip joint with a stump not exceeding

five inches in length measured from the tip of the greater trochanter

80
43
Amputation below the hip joint with a stump exceeding the

five inches in length measured from the tip of the greater trochanter, but which

does not exceed mid-thigh

70
44
Amputation below mid-thigh and up to 3.5 inches from the knee

60
45
Below-the-knee amputation with a stump exceeding 3.5 inches, but

not exceeding five (5) inches

50
46
Below-the-knee amputation with a stump exceeding five inches

40
47
Amputation of a leg resulting in a stump

40
48
Amputation of one leg behind the metatarsophalangeal joint

40
49
Loss of all toes of one foot behind the metatarsal joint,

including amputation from the metatarsophalangeal joint

20
50
Loss of both phalanges of the big toe

10
51
Loss of a phalanx of the big toe

5
52
Partial loss of the big toe with partial loss of bone

3
53
Loss of any toe, except the big toe

3
54
Loss of part of the toes, except the big toe, with partial loss of bone

1
Other specific physical injuries
55
Loss of one eye without complications, with the other eye normal

40
56
Loss of vision in one eye without complications

or deformation of the eyeball, with the other eye normal

30
57 Hearing loss in one ear 20
Total post-traumatic ankylosis of the limbs and joints

Total ankylosis –

58 Of the spine 30
59 Of the shoulder 40
60 Of the elbow 30
61 Of the fruit 30
62 The upper and lower 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 the thumb

30
67
The joints of all the fingers of the hand including the thumb

40
68 The hip joint 40
69 Of the knee 19
70 The ankle joint 19
71
The subtalar joint group (subtailar)

19
72
Of the big toe (first metatarsophalangeal)

19
73 The joints of a toe 10
Post-traumatic paralysis of limbs or parts of the body

Total paralysis –

74 Due to spinal cord injury 100
75 The brachial plexus 70
76 Of the radial nerve 50
77 The median nerve 40
78 Of the ulnar nerve 40
79 Of the sciatic nerve 70
80 The medial popliteal 40
81 The lateral popliteal fossa 30

Special Provisions

(a) In the case of a right-handed person, the degree of disability for damage to the right arm or right hand, and in the case of a left-handed person, for damage to the left arm or left hand, is increased by 10% of the corresponding degree of disability.

(b) In the event of post-traumatic shortening of the lower limb, the corresponding degree of disability increases by 10%.

(c) 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.

(d) The degree of disability for cases not specified in this Table is calculated based on the general principles referred to in subsection (2) of article 49, taking into account cases of equal or similar effect specified in this Table.

(e) When the degree of disability is not a whole percentage, it is rounded to the nearest whole percentage.

SEVENTH TABLE
Click here for the SEVENTH TABLE.

Note
3 of Law 126(I)/2010Entry into force of Law 126(I)/2010
(1) Subject to the provisions of subsection (2), the force of the provisions of this Law [S.S.: namely L.126(I)/2010] shall be deemed to have commenced from the date of entry into force of the Social Insurance Law of 2010.

(2) The provisions of article 36 of the basic law, as amended by this Law [S.S.: namely L.126(I)/2010], are deemed to apply from 1 January 2010 with regard to miners insured or beneficiaries who fall under the provisions of article 97 of the basic law.

Note
3(2) of Law 126(I)/2010Entry into force of Law 126(I)/2010
The provisions of article 36 of the basic law, as amended by this Law [S.S.: namely L.126(I)/2010], are deemed to be applicable from 1 January 2010 with regard to insured miners or beneficiaries who fall under the provisions of article 97 of the basic law.

Note
2 of Law 170(I)/2012Transfer of amount to the Unemployment Benefits Account
An amount of fifty million euros (€50,000,000) is transferred from the Fund’s Supplementary Pensions Account to the Unemployment Benefits Account, to cover the deficit presented by the Unemployment Benefits Account for 2012.

Note
15 of Law 193(I)/2012Entry into Force of Law 193(I)/2012
This Law [S.S.: namely L.193(I)/2012] shall enter into force on 1 January 2013.

Note
3 of Law 1(I)/2017Entry into force of Law 1(I)/2017
The force of this Law [S.S.: namely Law 1(I)/2017] is deemed to have begun on 1 January 2017.

Note
6 of Law 52(I)/2017Transitional provisions
If, before the expiry of three (3) months from the date of entry into force of this Law, any employer or self-employed person-

(a) Proceed, on his own initiative, with the declaration required by him, and

(b) pay any relevant overdue contributions,

is exempted from paying the administrative fine provided for under articles 85A and 85D and the corresponding additional fee provided for under Regulation 21 of the Social Insurance (Contributions) Regulations:

It is understood that the said exemption does not apply when the violation for which the fine is imposed concerns an illegally employed person.

Note
17 of Law 115(I)/2017Entry into force of Law 115(I)/2017
The provisions of this Law [S.S.: namely Law 115(I)/2017] shall enter into force on 1 August 2017.

Note
3 of Law 125(I)/2022 Expiration of the validity of Law 215(I)/2022
The validity of this Law [S.S.: namely L. 215(I)/2022] expires on 31 December 2023.

Note
5 of Law 22(I)/2023Entry into Force of this Law [S.S.: namely Law 22(I)/2023]
5.-(1) Subject to the provisions of subsection (2), this Law [S.S.: namely L. 22(I)/2023] shall enter into force on the date of its publication in the Official Gazette of the Republic.

(2) The entry into force of Articles 3 and 4 shall be deemed to have commenced on 2 January 2023.

Note
3 of Law 35(I)/2023Entry into force of Law 35(I)/2023
The force of this Law [S.S.: namely L. 35(I)/2023] is deemed to have begun on December 16, 2022 .

Note
7 of Law 157(I)/2024Entry into force of Law 157(I)/2024
7.-(1) Subject to the provisions of subsection (2), this Law [S.S.: namely L. 157(I)/2024] shall enter into force on the date of its publication in the Official Gazette of the Republic.

(2) The provisions of paragraphs (a) and (e) of article 4 of this Law [S.S.: namely L. 157(I)/2024] shall enter into force on 31 March 2025.

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