This is the version of this Statutory Instrument as it was from 26 February 2007 to 12 August 2007. Read the latest available version.
Seychelles Pension Fund Act, 2005
Seychelles Pension Fund (Benefits) Regulations, 2005
Statutory Instrument 46 of 2005
- Published in Supplement to Official Gazette on 31 October 2005
- Assented to on 24 October 2005
- Commenced on 1 January 2006
- [This is the version of this document as it was from 26 February 2007 to 12 August 2007.]
- [Amended by Seychelles Pension Fund (Benefits) (Amendment) Regulations, 2007 (Statutory Instrument 4 of 2007) on 26 February 2007]
Part 1 – Preliminary
1. Citation and commencementThese Regulations may be cited as the Seychelles Pension Fund (Benefits) Regulations, 2005 and shall come into operation on 1st January 2006.
2. InterpretationIn these Regulations—"approved form" means a form provided by the Chief Executive Officer, or such other form which the Chief Executive Officer may in any particular case approve, for the purpose of claiming a gratuity, allowance or pension under these Regulations;"business" means a business in terms of the Business Tax Act;"child" means—(a)a legitimate child;(b)a natural but recognised child;(c)an adopted child;(d)a child pursuant to an affiliation order of a court or the Family Tribunal; or(e)a child whose paternal descent has been proved under Article 340 of the Civil Codeof a member, who is under 18 years old or who is under 25 years old and still in full time education;"children's pension" means a monthly pension payable to a child of a deceased member or the guardian of the child for the maintenance of the child;"guardian" means a person appointed—(a)as guardian of a child by a parent under Article 397 of the Civil Code; or(b)as guardian of a child by the Court under Article 402, or(c)as a sub-guardian of a child by the Court under Article 420 or 422 of the Civil Code,and includes—(i)any person to whose care a child is committed under or by virtue of a court or the family tribunal order; and(ii)any person who, in the opinion of a court or the family tribunal for the time being has daily charge of or control over a child;"invalid" means a person who in the opinion of the Medical Board is incapable of work as a result of a disease or bodily injury which is likely to remain permanent;"maintenance or maintaining" means contributing to the household expenses and/or daily needs of an applicant, financially or otherwise, as one of the main contributors to the aforesaid expenses and needs and contribution in this definition includes being the main person, doing the laundering, cooking or cleaning for a member or caring for his child, without being paid any salary for the aforesaid services;"prescribed retirement age" means the prescribed age for retirement under the Social Security Act (Cap 225)"salary" means remuneration in money payable in respect of employment including any supplementation and commuted allowances attached to the post.
Part II – General
3. Application for pension, gratuity or allowance
4. Supporting evidence etc.A person applying for a pension, gratuity or allowance shall, in addition to any certificate, document or evidence he is required to furnish under any other provision of these Regulations, furnish such other certificate, information and evidence as the Chief Executive Officer may require in any particular case, and shall, if reasonably required, attend at such place and time as the Chief Executive Officer may require, for the purpose of the determination of the claim.
5. Nomination of beneficiary
6. Time limits for claim
7. Use of voluntary contribution as a securityWhere a member has notified the Chief Executive Officer in writing of his decision to use his voluntary contribution as a security for a housing loan or a loan for medical treatment and a security provided the Chief Executive Officer with details of the loan transaction, if the loan has not been repaid in full at the time of his death or retirement, the voluntary contribution shall not be refunded or taken into account for calculation of the member's retirement pension under regulation 13 until proof is provided to the Chief Executive Officer of the discharge of the loan.
Part III – Retirement pension
8. Entitlement to retirement pension
9. Salary that is to be used for self-employed member's pension
10. Salary that is to be used for member who is not working at retirementWhere a member who already qualifies for a pension under section 33 of the Act, leaves employment and thereafter does not take up any employment no further contributions are made to the Fund, until his retirement, the member shall on retirement be entitled to a retirement pension based on his average salary he was earning for the last five years as an employee or as a self-employed person prior to leaving employment.
11. Application for retirement pension
12. Rates of pension for members who retired or turned 63 years old during the year 2005
13. Payment of voluntary contributions by lump sum on retirement or included in retirement pensions
Part IV – Pre and post retirement death gratuities
14. Pre retirement death gratuity
15. Post-retirement death gratuityWhere a member who was receiving a retirement pension dies his surviving spouse shall subject to regulation 7 be entitled to a post-retirement death gratuity equivalent to one month of the deceased member's retirement pension:Provided that if immediately prior to his death the deceased member was maintaining his legally married spouse and at the same time maintaining another spouse, the legally married spouse shall be the one entitled to the post-retirement death gratuity.
16. Application for pre or post-retirement gratuity
Part V – Migration allowance
17. Entitlement to migration allowanceA member may apply for a migration allowance if the member has migrated or is about to migrate from Seychelles to another country as a permanent resident of that country before retirement.
18. Rate of allowance payableThe migration allowance shall subject to regulation 7 be the sum standing to the member's credit in the Fund on the date of migration inclusive of both mandatory and voluntary contributions and interest thereon.
19. Application for migration allowance
20. Member who returns from migration to start contribution freshA member who has been paid a migration allowance under this Part shall not be entitled to a retirement or incapacity pension nor shall his spouse or children be entitled to a surviving spouse pension or children's pension as the case may be unless the member has rejoined the Fund after his migration and thereafter contributed a minimum often years continuous contribution to the Fund immediately prior to retirement or an aggregated of 20 years of contribution to the Social Security Fund prior to retirement notwithstanding that the member may have qualified for the aforesaid pension prior to his migration.
Part VI – Permanent incapacity pension
21. Entitlement to incapacity pensionA member who prior to attaining the age of 60 years is certified by a Medical Board appointed under the Act to be an invalid, and who at the time of certification notwithstanding his age qualifies for a retirement pension under section 33 of the Act, shall be entitled to an incapacity pension for life or for such period as the Medical Board may recommend.
22. Rates of incapacity pension payable
23. Member who does not qualify for incapacity pension
24. Application for incapacity pension
25. Review of refused application
Part VII – Surviving spouse's pension
26. Entitlement to surviving spouse's pension
27. Rates of surviving spouse's pension payable
28. Election by member
29. Application for surviving spouse's pension
30. Circumstances in which a surviving spouse's pension shall cease, not be granted or varied
Part VIII – Children's pension
31. Entitlement to children's pension
32. Rates of children's pension
33. Payment of children's pension to guardianA children's pension shall be paid to the guardian of the child if the child is below the age of 18 years and to the child if he is 18 years old or above.
34. Application for children's pension
Part IX – Payment of pensions, gratuities and allowances
35. Payment of pensions, gratuities and allowances
History of this document
02 January 2023
01 January 2022
19 April 2021
01 June 2020
01 January 2019
01 January 2018
29 August 2016
01 January 2015
07 January 2013
01 January 2012
01 January 2011
20 December 2010
24 August 2009
27 October 2008
01 January 2008
31 December 2007
13 August 2007
26 February 2007 this version
01 January 2006
24 October 2005