CHAPTER 50
NATIONAL SOCIAL SECURITY FUND ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The National Social Security Fund (General) Regulations

      The National Social Security Fund (Maternity Benefits) Regulations

      The National Social Security Fund (Employment Injury Benefits) Regulations

REGULATIONS

THE NATIONAL SOCIAL SECURITY FUND (GENERAL) REGULATIONS

TABLE OF CONTENTS

   Regulations

Title

PART I
PRELIMINARY PROVISIONS

   1.   Citation.

   2.   Interpretation.

PART II
REGISTRATION

   3.   Registration by contributing employer.

   4.   Registration number.

   5.   Return as to employees.

   6.   Membership cards to insured persons.

   7.   Duplicate membership cards.

   8.   Change of status.

   9.   Members of the National Provident Fund.

   10.   Conversion of paid contributions.

   11.   Religious organisations.

   12.   Insured person contributing on his own behalf.

   13.   Forms.

PART III
PAYMENT OF CONTRIBUTIONS

   14.   Payment by contributing employer.

   15.   Recovery of employee’s contribution.

   16.   Mode of payment.

   17.   Record of employment.

   18.   Record of wages, etc.

   19.   Contributions report.

   20.   Successive or concurrent employment.

   21.   Disposition of employer’s records.

   22.   Payment of contributions for employees working abroad.

   23.   Payment of contributions for non-citizens.

PART IV
BENEFITS

   24.   Application for benefits.

   25.   Transition period.

   26.   Limitation of claims.

   27.   Notification.

   28.   Entitlement.

   29.   Further evidence.

   30.   Statutory declaration.

   31.   Medical examination.

   32.   Payment of benefits.

   33.   Receipt of benefits.

   34.   Delivery by post.

   35.   Payments to disabled persons.

PART V
EVIDENCE IN CLAIMS

   36.   Evidence supporting application for benefits.

PART VI
CONTINUING ELIGIBILITY, SUSPENSIONS AND TERMINATIONS

   37.   Verification of continuing eligibility of a beneficiary.

   38.   Information required from insured persons.

   39.   Suspension of benefits in general.

   40.   Suspension for failure to comply with request for information.

   41.   Suspension of benefits for persons in prison.

   42.   Suspension resulting from uncertain address or residence.

   43.   Period of suspension.

   44.   Administrative review of suspension, etc.

   45.   Termination of a benefit.

   46.   Grounds for termination.

PART VII
REFUND AND RECOVERY OF OVER PAYMENTS

   47.   Refund of excess contributions.

   48.   Receipt of refund.

   49.   Recovery from a living beneficiary who is at fault.

   50.   Recovery from a beneficiary who dies before adjustment.

   51.   Recovery from a living beneficiary who is not at fault.

   52.   Waiver of recovery.

PART VIII
PROCEDURAL REQUIREMENTS, ADMINISTRATIVE REVIEW AND DETERMINATION

   53.   Notification of requirements to beneficiary.

   54.   Beneficiary obligations.

   55.   Rights of insured person.

   56.   Request for review.

   57.   Decision in writing.

   58.   Advance notice.

PART IX
RECORDS

   59.   Records of earnings.

   60.   Access to records.

   61.   Statement of earnings and estimate of benefits.

   62.   Request of record.

   63.   Correction of records.

   64.   Records maintained by the employer.

   65.   On site review of records maintained by employer.

   66.   Obstruction.

PART X
GENERAL PROVISIONS

   67.   Minimum pension.

   68.   Lump sum payment.

   69.   Reduced pension.

   70.   Late entrants.

   71.   Signing of forms and documents.

   72.   Incomplete or inaccurate documents.

   73.   Duty of employees.

   74.   Discretion as to classification.

   75.   [Revocation.]

SCHEDULE

THE NATIONAL SOCIAL SECURITY FUND (GENERAL) REGULATIONS

(Sections 50 and 89)

G.N. No. 418 of 1998

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.   Citation

   These Regulations may be cited as the National Social Security Fund (General) Regulations.

2.   Interpretation

   In these Regulations unless the context otherwise requires–

   "the Act" means the National Social Security Fund Act;*

   "attesting witness" includes a member of Parliament, a judge or a magistrate, an advocate, an Area Commissioner, a Regional Commissioner, a public servant of or above the executive grade, a consular officer, a kadhi, a member of the local government service of or above the executive grade, a minister of religion, a bank official of or above supervisory grade, a qualified medical practitioner;

   "beneficiary" means a person receiving a benefit under the Act;

   "claimant" means a person who has applied to the Fund for a benefit under the Act;

   "Fund" means the National Social Security Fund established under section 3 of the National Social Security Fund Act *;

   "Minister" means the Minister responsible for labour matters.

PART II
REGISTRATION (regs 3-13)

3.   Registration by contributing employer

   A contributing employer who is required to register under the Act who was not registered under the National Provident Fund shall, within one month from the commencement of the Act or the date when the person concerned becomes a contributing employer, complete and deliver to the Fund the registration Form NSSF 1 prescribed in the Schedule.

4.   Registration number

   The Director-General shall allot a registration number to every registered contributing employer.

5.   Return as to employees

   Every register contributing employer shall forthwith complete and forward to the Director-General the appropriate form in respect of all his employees registrable as insured persons to the Fund.

6.   Membership cards to insured persons

   The Director-General shall forward to every contributing employer a membership card for each insured person to the Fund in his employ and every contributing employer to whom such membership card is sent shall forthwith hand it or cause it to be handed to the employee concerned, or if the employee is no longer in his employment he shall return it to the Director-General.

7.   Duplicate membership cards

   (1) If the membership card of an insured person under the Act is lost or destroyed the insured person may apply to the Director-General for the issue to him of a duplicate membership card in place thereof.

   (2) The Director-General may, if he sees fit, issue the duplicate card after obtaining from the insured person or his contributing employer such information as may be required for the completion of the duplicate and may make a charge of five thousand shillings for it.

   (3) Every duplicate membership card shall, before issue have written upon it “Duplicate” and the date of issuance.

8.   Change of status

   (1) Every registered contributing employer shall within fourteen days notify the Director-General in the appropriate form set in the schedule to these Regulations of any change of address, business name or designation.

   (2) Every contributing employer shall notify the Director-General of the date when insured person to the Fund ceases to be in his employ and shall furnish the Director-General such further information as the Director-General may require for the purpose of tracing that insured person.

9.   Members of the National Provident Fund

   Every person who was registered as a member of the National Provident Fund shall be considered as having registered under the Fund as of the date the Act came into operation.

10.   Conversion of paid contributions

   The contributions paid and credited every year to an insured person under the National Provident Fund shall be converted into contribution credits under the Act by multiplying the contribution balance as at the 30th day of June, 1998 by 1.5 and dividing the product by the last monthly contribution made by him to the National Provident Fund.

11.   Religious organisations

   A religious organisation desiring to make contribution in respect of any minister of religion in accordance with section 7 of the Act, shall make application on the appropriate form set out in the Schedule to these Regulations.

12.   Insured person contributing on his own behalf

   An insured person wishing to make payments on his own behalf in accordance with section 17 shall send an application to the Director-General.

13.   Forms

   The forms in the schedule to these Regulations are applicable, and where they are not applicable, forms of a like character with such variations as circumstances may require shall be used for the purposes of the Act and these Regulations

PART III
PAYMENT OF CONTRIBUTIONS (regs 14-23)

14.   Payments by contributing employer

   (1) Every contributing employer shall, on behalf of any covered employee, pay to the Fund a contribution that consists of the employer’s and employee’s contribution at the percentage stipulated in the First Schedule to the Act:

   Provided that where an insured female employee is on receipt of maternity benefit, the employer shall be liable to pay to the Fund the employers contribution only.

   (2) Every person contributing under the Act shall pay the amount due within one month after the end of the month in which the last day of the contribution period to which it relates, falls.

15.   Recovery of employee's contribution

   (1) The contributing employer shall recover from every employee the amount paid as the employee’s contribution from the earnings of the employee for the contribution period to which the contribution relates.

   (2) The contributing employer shall not be entitled under any circumstance–

   (a)   to recover from the employee;

   (b)   to negotiate with the employee;

   (c)   the recovery from him of any portion of the employer’s share or any part of any penalty associated with late payment of a contribution.

16.   Mode of payment

   All contributions to the Fund shall be paid to the Fund either–

   (a)   in cash at the Head office of the Fund or other office designated for the purpose by the Director-General;

   (b)   by money order, postal order or cheque or debit-note drawn on any bank in Mainland Tanzania, delivered or sent by post to such office or offices of the Fund as may be designated for the purpose;

   (c)   by standing order at any bank in Mainland Tanzania;

   (d)   in such other manner as the Director-General may from time to time authorise in any particular case or class of cases.

17.   Record of employment

   Every contributing employer shall keep and maintain a record of employment in the form set out in the Schedule, in which he shall make necessary entries from time to time, in respect of every person employed by him.

18.   Record of wages, etc.

   Every contributing employer shall enter on a record of all wages paid and all statutory contributions payable during the month on a form set out in the Schedule and shall forward that record simultaneously with the appropriate contributions to the Director-General.

19.   Contributions report

   (1) Every contributing employer shall send to the Fund a contributions report providing the following particulars–

   (a)   the employer’s name, physical and postal address, and NSSF registration number;

   (b)   the method of payment of the contribution;

   (c)   for each employee on whose behalf a contributions was made–

      (i)   name and membership card number;

      (ii)   total and pensionable earnings for the contribution period reported;

      (iii)   the amount of the employer’s contribution; and

      (iv)   the amount of the employee’s contribution.

   (2) The contributing employer shall submit an original of the earnings and contributions report to the Fund and shall retain at least a copy for the employees.

20.   Successive or concurrent employment

   Where an insured person is–

   (a)   successively employed by two or more contributing employers in the same contribution period; or

   (b)   concurrently employed by two or more contributing employers in the same contribution period,

the Director-General may, on application by the contributing employers and the insured person–

      (i)   refund such part of the contribution paid to the Fund as may exceed the contribution that would have been paid for that period if the insured person had been employed by only one contributing employer in that contribution period; or

      (ii)   direct that the contributions payable in respect of the insured person be reduced so that in the aggregate they do not exceed the amount that would have been payable had the insured person been employed by only one contributing employer.

21.   Disposition of employer's records

   When an employer disposes of the assets of his business or closes the business, he shall deposit with the Fund his record of payment of contributions to the Fund.

22.   Payment of contributions for employees working abroad

   (1) A contributing employer who assigns an employee to undertake duties under his contract of service for the employer outside Mainland Tanzania shall notify the Fund and shall together with the employee be liable to contribute to the Fund as if the employee were in Mainland Tanzania.

   (2) The provisions of subregulation (1) shall be subject to any agreement to which the Government may reach with Governments of other countries concerning cooperative arrangements to provide for collection of contributions and payment of benefits for employees working abroad.

23.   Payment of contributions for non-citizens

   A contributing employer who employs a non-citizen shall pay contributions on his behalf subject to any agreement of other countries concerning cooperative arrangements to provide for collection of contributions and payment of benefits for employees working abroad.

PART IV
BENEFITS (regs 24-35)

24.   Application for benefits

   An insured person shall apply for benefits by completing and delivering the appropriate form accompanied by appropriate supporting documents to the office of the Fund.

25.   Transition period

   Any insured person who applies and qualify for retirement, invalidity or survivors pension within the first five years of the Fund, may opt for lump sum payment under the National Provident Fund or monthly pension under the Act.

26.   Limitation of claims

   Limitation for making the following benefit claims shall be as follows, namely–

   (a)   application for maternity benefit or work injury benefit shall not be accepted after twelve weeks following the date of the delivery or injury;

   (b)   application for funeral grant shall not be accepted after eight weeks following the date of burial and the payment of this benefit shall be done only where the deceased insured person was in employment at his time of death:

         Provided that for any good reason the Director-General may consider any claim even after expiry of the limitation period.

27.   Notification

   An insured person who is about to retire shall notify the Director-General of his retirement six weeks before the date of retirement.

28.   Entitlement

   No insured person shall be entitled at any time to more than one benefit.

29.   Further evidence

   The Director-General may require from the claimant–

   (a)   such further evidence of entitlement to a benefit as is in his opinion necessary to substantiate the claim for the benefit;

   (b)   the authentication by an attesting witness of the signature of the insured person to the application for a benefit.

30.   Statutory declaration

   The Director-General may require any person who has made an application for a benefit to make a statutory declaration as to the truth of any statement of fact made by him in his application or in any evidence.

31.   Medical examination

   The Director-General may refer any claimant entitled to a benefit, for examination by a Medical Board and may use the report as evidence in deciding the members claim to benefit.

32.   Payment of benefits

   The Director-General shall pay the amount of any benefit by the cheque or any other suitable instrument of payment.

33.   Receipt of benefits

   The receipt of a member of the Fund or his attorney or the person authorised to receive the amount on his behalf, shall be a full and sufficient discharge to the Fund for the sum specified therein.

34.   Delivery by post

   The position of a letter containing an instrument of payment sent pursuant to these Regulations, addressed to the person concerned at the address furnished on the application form, shall as regards to the liability of the Fund, be equivalent to the delivery of the instrument of payment to the person to whom the latter was addressed:

   Provided that where it is satisfied that the instrument of payment has been lost or destroyed, the Director-General may issue a duplicate or other instrument of payment, on production of duly executed indemnity to the Fund.

35.   Payments to disabled persons

   (1) Where the Director-General is satisfied that an insured person is of unsound mind or is unfit to manage his own affairs and no person has been appointed in respect of that person, he may approve payment of the amount or part of it to any other person who satisfies that he is the proper person to receive the amount in that person’s behalf and will apply the amount for the maintenance and benefit of the insured person under disability.

   (2) The claimant under subregulation (1) shall produce a nomination certificate from court showing that he is the person to receive the benefit and a medical certificate showing that the insured person is of unsound mind.

PART V
EVIDENCE IN CLAIMS (reg 36)

36.   Evidence supporting application for benefits

   (1) Every insured person who makes a claim for a benefit shall furnish such certificates, documents, information, and evidence as the Fund may reasonably require in order to establish his identity and his right to the benefit.

   (2) In the case of a claim for retirement benefit the claimant shall furnish the following, namely–

   (a)   application form and other operational forms;

   (b)   membership card;

   (c)   a birth certificate or any other form from a medical board to certify the pensioner’s age;

   (d)   contribution record showing 180 monthly contributions; and

   (e)   a certificate to show permanent retirement from employment.

   (3) In the case of an early retirement pension, the claimant shall furnish the following, namely–

   (a)   membership card;

   (b)   a birth certificate or any other document to certify the age of the pensioner;

   (c)   contribution record to show the 180 monthly contributions; and

   (d)   a certificate to show the termination from employment.

   (4) In the case of an invalidity pension, the claimant shall furnish the following, namely–

   (a)   application form and other operational forms;

   (b)   membership card;

   (c)   a medical certificate and invalidity assessment from the medical board to certify the invalidity;

   (d)   contribution record show the required contributions have been paid; and

   (e)   a certificate of retirement from employment due to morbid condition.

   (5) In the case of a survivors pension, the claimant shall furnish the following, namely–

   (a)   death certificate or burial permit;

   (b)   other forms to support the eligibility of the claimant to the benefit.

   (6) In the case of maternity benefit, the claimant shall furnish the following, namely–

   (a)   a medical certificate to certify the expected date of delivery;

   (b)   membership card;

   (c)   contribution record to show payment of requirement contribution; and

   (d)   additional forms to support other claims (if any).

   (7) In the case of funeral grant, the claimant shall furnish the death certificate, a burial certificate, a proof that the deceased was still employed at the time of his death, receipts for the expenses incurred and proof of relation to the deceased.

   (8) In the case of employment injury benefit, the claimant shall furnish the following, namely–

   (a)   membership card; and

   (b)   certificate of the medical board for temporary or permanent disability of an insured person.

   (9) In the case of a claim to health insurance benefit payable to the insured person his or her the spouse and four children, the claimant shall furnish evidence of his contribution for a minimum of three months immediately preceding the medical contingency.

PART VI
CONTINUING ELEGIBILITY, SUSPENSIONS AND TERMINATIONS (regs 37-46)

37.   Verification of continuing eligibility of a beneficiary

   In determining whether a pension continues to be payable to a beneficiary the Fund shall use the following factors, namely–

   (a)   the beneficiary’s age;

   (b)   whether the beneficiary is alive; or

   (c)   whether the beneficiary is remarried; or

   (d)   whether the beneficiary is engaged in full-time education; or

   (e)   whether the beneficiary is working; or

   (f)   whether the beneficiary has recovered from the impairment.

38.   Information required from insured persons

   (1) Where a beneficiary is receiving a retirement pension, the Fund shall require the beneficiary to declare annually whether he has been working and the extent of his earnings since the previous determination.

   (2) Where a beneficiary is receiving an invalidity pension, the Fund shall require the beneficiary, or his guardian or his representative payee, as the case may be to–

   (a)   declare whether he has been working and the extent of his earnings since the previous determination; and

   (b)   report whether his capacity to engage in substantial gainful employment has increased.

   (3) Where the benefit is a survivors pension, the Fund shall require–

   (a)   a spouse to report whether he has remarried; or

   (b)   a child of the deceased insured person receiving a pension on the ground that he is engaged in full-time education, to report whether he has completed or withdrawn from full-time education.

39.   Suspension of benefits in general

   The Fund shall suspend an insured person’s benefits if he still alive but does not meet the conditions of eligibility provided in these Regulations.

40.   Suspension for failure to comply with request for information

   (1) The Fund shall suspend payment of any periodic benefit for failure of the beneficiary to provide information necessary to determine continuing eligibility.

   (2) The Fund shall notify the beneficiary of the intention to suspend payment within fourteen days after the second monthly written inquiry sent to the beneficiary with no response to it.

   (3) The inquiry shall state–

   (a)   what information is needed;

   (b)   why the information in paragraph (a) is needed;

   (c)   what the beneficiary must do to comply with the request to avoid suspension of the benefit;

   (d)   how the beneficiary should communicate the required information; and

   (e)   when the beneficiary shall provide that information.

   (4) If within one year the beneficiary provides information confirming his eligibility, the Fund shall resume payments, reinstate payments for up to six previous months for which the insured person continued to meet eligibility requirements.

41.   Suspension of benefits for persons in prison

   (1) The Fund shall suspend payment of any benefit to a person for any period during which he is confined for a period of one year or more in a penal institution.

   (2) The Director-General may authorise payment to, or on behalf of the dependants of the prisoner of an amount not exceeding three quarters of the benefit which would otherwise be payable, if he is satisfied that the dependants, immediately prior to prisoner’s detention, were wholly or mainly maintained by the detained.

42.   Suspension resulting from uncertain address or residence

   (1) The Fund shall suspend payment of a benefit if–

   (a)   the bank or record where the Fund makes payment to the beneficiary notifies the Fund that the beneficiary account has been closed or that the beneficiary is unknown;

   (b)   the post office returns mail addressed to the beneficiary at the address of record as undeliverable.

   (2) When the beneficiary provides a suitable address, the Fund shall resume payments, reinstating suspended payments for up to six previous months provided the insured person continued to meet eligibility requirements during that time.

43.   Period of suspension

   During the period of suspension–

   (a)   payments to the beneficiary are halted until the insured person provides evidence that he again meets the requirements that gave rise to his lapse of eligibility; and

   (b)   the insured person shall not be required to reapply and shall be required to furnish documentation of age, residence, insured status, invalidity, employment and family or marital status only if such documentation relates directly to the grounds for suspension.

44.   Administrative review of suspension, etc.

   An insured person is entitled to request for an administrative review of a suspension, reduction or termination of a benefit.

45.   Termination of a benefit

   Where the Fund terminates a benefit, the insured person is declared ineligible.

46.   Grounds for termination

   Eligibility for a benefit is terminated upon the following grounds, namely–

   (a)   where the beneficiary has not re-established eligibility twelve months after suspension of a benefit; or

   (b)   death of the beneficiary.

PART VII
REFUND AND RECOVERY OF OVERPAYMENTS (regs 47-52)

47.   Refund of excess contributions

   (1) Subject to the provisions of this regulation, where the Director-General is satisfied that any amount has been paid to the Fund in excess of the amount that was due to be paid, he may subject to the provisions of subregulation (3) refund the amount so paid in excess to the person by whom it was made:

   Provided that–

   (a)   if the excess payment was in the opinion of the Director-General made by error due to gross negligence on the part of the person by whom it was made;

   (b)   if the refund of such excess payment is not claimed within three years of the date on which it was made;

   (c)   if the insured person in respect of whom it was made has withdrawn it as a benefit,

such excess payment shall not be refunded but shall be deemed to have been properly made and shall unless credited to the records of the insured person or insured persons in respect of whom it was made.

   (2) Where any amount is due to the Fund from the person to whom refund of the amount paid in excess would otherwise be made, the Director-General may retain the whole or any part of the excess payment and set it off against such amount as is due.

   (3) No refund shall be made and no amount shall be offset under this regulation except with the consent of the Director-General who may require the person by whom the excess payment was made to make a written application for refund and to furnish such information as he may require to determine the amount of the excess payment and the circumstances in which it occurred.

   (4) If any contribution or part of a contribution paid in excess is refunded to any person after it has been in the Fund throughout the whole of a financial year, the Director-General may, at his discretion increase the amount repaid by adding thereto interest at fifty per centum of the rate of commercial interest for that year.

48.   Receipt of refund

   Where an excess payment has occurred any portion of which has been withheld or deducted from an employee’s earnings, the Director-General shall refund to the employee the amount withheld or deducted in excess of the correct amount.

49.   Recovery from a living beneficiary who is at fault

   If the beneficiary who has been overpaid is entitled to a monthly pension or lump sum at the time of determination of the overpayment, the Fund shall not pay any monthly benefit or any lump sum until the amount of the overpayment has been withheld or refunded.

50.   Recovery from a beneficiary who dies before adjustment

   Where an insured person who has received overpayment is at fault for it and dies before full recovery of the overpayment, the Fund shall not pay any monthly benefit or lump sum to any survivors on his earnings record until the amount of the over payment has been withheld or refunded.

51.   Recovery from a living beneficiary who is not at fault

   Where the beneficiary is not at fault and where the Fund determines that withholding the full amount of the monthly entitlement would deprive the beneficiary of income required for ordinary and necessary living expenses, the Fund may effect the adjustment by withholding not less than five percent of the monthly benefit payable to the individual until the amount of the overpayment is withheld.

52.   Waiver of recovery

   The Board may waive recovery of an overpayment where–

   (a)   the insured person on whose earnings record the overpayment was made, was not at fault;

   (b)   the beneficiary against whose benefit the recovery would be, was not the recipient of the overpayment and did not benefit in any way from it;

   (c)   the beneficiary relying on the Fund, and on the basis of reasonable grounds for believing that he was entitled to that, caused overpayment, incurred irreversible financial obligations or relinquished a valuable right.

PART VIII
PROCEDURAL REQUIREMENTS, ADMINISTRATIVE REVIEW AND DETERMINATION (regs 53-58)

53.   Notification of requirements to beneficiary

   At the time of making payment of a benefit, the Fund shall notify the beneficiary–

   (a)   of all requirements that apply in relation to the benefit; and

   (b)   that the beneficiary shall be at fault if the Fund makes an over-payment that results from his failure to comply to any of his relevant requirements.

54.   Beneficiary obligations

   (1) A beneficiary is required to comply with periodic requests by the Fund to provide information on matters specified under regulation 38 within fourteen days of the occurrence of the event specified under that regulation.

   (2) An insured person or any other person with a material interest in a decision shall have the right to a fair, timely and impartial review of any determination by officers of the Fund who shall have no role in the determination of the case on appeal.

55.   Rights of insured person

   (1) When notifying a claimant or other petitioner of any action or decision, the Fund shall advise the claimant or other petitioner of the right of administrative review, appeal to the Appeals Tribunal or to court.

   (2) An insured person or any other person with a material interest in a decision shall have the right to a fair, timely and impartial review of any determination by officers of the Fund who shall have no role in the determination of the case on appeal.

56.   Request for review

   (1) For the purpose of this regulation, “review” means administrative review.

   (2) A claimant is dissatisfied with an initial determination on a claim about entitlement to a benefit or other matters has a right to request a review by the Director-General.

   (3) The petitioner shall file a written request which shall include–

   (a)   his full name, and membership card number;

   (b)   the grounds on which he disputes the previous determination or decision;

   (c)   a statement of any additional evidence to be submitted and the date of submission; and

   (d)   the name and address of the person he designated as his representative, if any.

   (4) The petitioner shall file the request at the headquarters office or at any regional office within sixty days from the date of receipt of the determination.

57.   Decision in writing

   The Director-General shall inform the petitioner in writing on the conclusions reached in the determination, the reasons and effect of such determination.

58.   Advance notice

   The Fund shall give the beneficiary a written notice of intent to discontinue or modify payment within sixty days in advance of the effective date of the charge.

PART IX
RECORDS (regs 59-66)

59.   Records of earnings

   The Fund shall keep record of all contributions–

   (a)   made by and on behalf of each employee contributing to the Fund, and of all payments made on the earnings record of each employee;

   (b)   made by contributing employers and the identity of those on whose behalf each such employer has made contributions.

60.   Access to records

   (1) Every insured person and contributing employer shall have the right to review and obtain copies of all their records maintained by the Fund.

   (2) A person who is related to a deceased insured person on whose benefit he would be eligible to receive may review and obtain copy of the contents of the deceased person’s record.

61.   Statement of earnings and estimate of benefits

   The Fund shall provide to any insured person who requests an estimate of social security benefits and statement of his earning records.

62.   Request of record

   A person requesting to review a record shall–

   (a)   make the request at a social security office; or

   (b)   identify himself by signature, or by the provision of social security identity card or by other means as will provide sure means of identification.

63.   Correction of records

   (1) The Fund shall correct or amend any record where an employee or an employer shows upon presentation of evidence that the record is incomplete, untimely, or in error.

   (2) If the Fund determines that there is no error in the record, it shall–

   (a)   advise the person the reasons for the refusal to change;

   (b)   inform the person of his right to request a review of the denial and how to request such review.

64.   Records maintained by the employer

   (1) The employer shall in every year provide to each employee a report showing –

   (a)   the employee’s total wages and pensionable earnings for the contribution period;

   (b)   the employee’s contribution for the year;

   (c)   the employer’s contribution for the year.

   (2) Every contribution employer shall maintain a record showing for each employee who he has engaged–

   (a)   the dates on which the employee started and finished employment;

   (b)   the date and amount of each payment of earnings to the employee;

   (c)   the amount of each monthly employer’s contribution to the Fund in respect of the employee; and

   (d)   the amount of each monthly employee’s contribution made to the Fund.

65.   On site review of records maintained by employers

   An inspector appointed under the Act shall review periodically at any reasonable time, the contributing employers’ source records on which the employee’s earnings and contribution reports are based and any other form of information relating to liability to register or to contribute under the Act.

66.   Obstruction

   Any person who obstructs an authorised inspector or designated official of the Fund in the conduct of an onsite review or otherwise in the lawful exercise of his functions under the Act or these Regulations commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both that fine and imprisonment.

PART X
GENERAL PROVISIONS (regs 67-75)

67.   Minimum pension

   Every insured person who on attaining pensionable age and had made 180 contributions but the amount calculated as his pension is lower than 80% of the minimum wage, that person shall be paid 80% of the statutory minimum wage as his monthly pension.

68.   Lump sum payment

   Where an insured person qualifies for a pension he shall be paid the lump sum amount specified under section 37 of the Act for the month following the month of retirement; and a monthly pension for subsequent months.

69.   Reduced pension

   Any insured person who claims for early retirement pension under section 27 of the Act shall have his pension amount reduced by 0.5 per centum of the monthly average earnings for every twelve months between the retirement date and the date of attaining the pensionable age.

70.   Late entrants

   Any insured person, who at the commencement of the Act, will be having less than fifteen years of employment before attainment of pensionable age and on attaining such age his contributing credits are less than 180, may receive a basic pension for a shorter qualifying period as may be determined by the Director-General.

71.   Signing of forms and documents

   Where any form or document relating to the Fund is required to be signed by an insured person, it shall–

   (a)   in all cases invariably be marked with the impression of the right thumb of the insured person, or, if impression of the right thumb cannot for any reason be taken, by the impression of the left thumb, or if neither impression can be taken, by such other impression or mark as the Director-General may direct;

   (b)   be signed in writing, where the insured person is capable of signing in writing; and

   (c)   in the case of Form NSSF.3 be witnessed and signed by the employer or his representative.

72.   Incomplete or inaccurate documents

   (1) If in the opinion of the Director-General any document required to be completed under these Regulations in incomplete or inaccurate or is insufficiently clear to identify the person concerned he may return the document to the sender.

   (2) The sender shall comply with all lawful directions given to him and shall, within one week of the receipt by him of the document complete and deliver a fresh document in place of it or return the original document duly corrected as the case may require.

73.   Duty of employees

   Every employee shall furnish to his employer all information and produce any document necessary for the completion of any form or return prescribed by these Regulations and required to be made by his employer.

74.   Discretion as to classification

   The Director-General shall have a discretion, in the case of employees whose wages consist of remuneration falling under two or more of paragraph (a), (b) or (c) contained in the definition of wages in section 2 of the Act, to treat the amounts falling under only one or two or more of the paragraphs, as the wages of the employee.

75.   Revocation

   [Revokes the National Provident Fund (General) Regulations, 1964 and the National Provident Fund (Registration of Employees and Contributing Employers) Order.]

SCHEDULE
FORMS

FORM NSSF. 1
APPLICATION FOR EMPLOYER'S REGISTRATION

THE UNITED REPUBLIC OF TANZANIA

NATIONAL SOCIAL SECURITY FUND
(NSSF)

This form must be submitted to the nearby NATIONAL SOCIAL SECURITY FUND OFFICE (NSSF)
by the employer within thirty days of his becoming subject to the above mentioned Act.
Please fill this form in CAPITAL LETTERS

NSSF
EMBLEM


APPLICATION FOR EMPLOYER'S REGISTRATION
(The National Social Security Fund Act)

1.

Full name of the Employer

FOR OFFICIAL USE ONLY

2.

Postal Box Number

REGIONAL CODE ................................

   Telephone Number

DISTRICT CODE ..................................

   Fax Number

INDUSTRIAL CODE ..............................

3.

Business Registration Certificate

SECTOR CODE ...................................

   (i)   Reference Number

   (ii)   Date Issued

4.

Nature of Business (State in detail the type of Business)

EMPLOYER'S NUMBER .......................

..................................................................................

LIABILITY DATE

..................................................................................

MONTH YEAR

5.

Place where the business is carried on

   (i)   Region

   (ii)   Location

   (iii)   Street

6.

Date from which liable to pay contributors

DATE RECEIVED

DAY MONTH YEAR

7.

Present total Number of Employees

8.

Number of current/present Employees in branches (if any)

Branch

Postal Address

Telephone Number

Fax Number

9.

Mode of Wage Payment (Tick where applicable)

   (i)   Centrally

   (ii)   In Branches

10.

Declaration

I hereby CERTIFY THAT:

   (i)   The Information given above are correct, accurate, valid and true.

   (ii)   I will complete and submit employee's registration cards in respect of all employees.

   (iii)   I understand that I'm obliged to comply with the NSSF regulations relating to the payment of contribution and in full and will contribute accordingly.

Full Name ..........................................................................

CHECKED BY: .....................................

Designation .......................................................................

REMARKS: ..........................................

Signature and official stamp ................................................


EMPLOYER'S OFFICIAL STAMP

KEYED BY: .........................................

Date ...............................................

DATE

DAY MONTH YEAR

FORM NSSF. 2
NOTIFICATION TO CONTRIBUTING EMPLOYER
ON REGISTRATION NUMBER

THE UNITED REPUBLIC OF TANZANIA

NATIONAL SOCIAL SECURITY FUND

THE NATIONAL SOCIAL SECURITY FUND ACT

NSSF
EMBLEM

National Social Security Fund
P.O. Box ........................
.......................................
Date ..........................

Ref. No. NSSF/ ...................................................

To: .....................................................................
...........................................................................
...........................................................................
...........................................................................

With reference to your application form (Form: NSSF.1) to be registered as an employer under the above mentioned Act, you have now been registered and your registration number is .......................... which should be quoted in all correspondence with the Fund.

I enclose ................... NSSF.3A cards for completion by you and your employees and you are obliged to return them within one month so that the employees can be registered.

.................................................................................
Regional Director/Fund Manager/Regional District

Copy:   Director of Compliance,
National Social Security Fund,
P.O. Box 1322,
Dar es Salaam.

FORM NSSF. 2
UFAHAMISHO KWA MWAJIRI
KUHUSU NAMBARI YA UANDIKISHAJI

JAMHURI YA MUUNGANO WA TANZANIA
SHIRIKA LA TAIFA LA HIFADHI YA JAMII

SHERIA YA TAIFA YA HIFADHI YA JAMII

NEMBO YA
NSSF

Shirika la Taifa la Hifadhi ya Jamii
S. L. P....................................
...............................................
Tarehe ....................................

Kumb. Na. NSSF/ ...............................................

KWA: ..................................................................
...........................................................................
...........................................................................
...........................................................................

Kutokana na maombi ya uandikishaji uliyoleta (Fomu: NSSF.1) yaliyo chini ya sheria iliyotajwa hapo juu, nakujulisha kwamba sasa umeandikishwa na nambari yako ni .............................. ambayo unatakiwa kuinukuu kila unapofanya mawasiliano na ofisi ya Hifadhi ya Jamii.

Naambatanisha kadi ........................ Za uandikisjaji (Fomu: NSSF.3A) ambazo unapaswa kuzijaza kwa usahihi pamoja na wafanyakazi wako, na unalazimika kuhakikisha unazirudisha katika kipindi cha mwezi mmoja ili wafanyakazi hao waweze kuandikishwa.

........................................................
Mkurugenzi/Meneja Mkoa/Wilaya

Nakala:      Mkurugenzi wa Matekelezo,
Shirika la Taifa la Hidadhi ya Jamii,
Sanduku la Barua 1322,
Dar es Salaam.

FORM NSSF. 3A
MEMBER'S REGISTRATION CARD

Permanent Address

NAME
OF DEPENDANT

DATE
OF
BIRTH

NSSF
(Reg. No.
If Any)

Relationship To
Member

Sex
M/F






Please note: You are required to provide true information; any false declaration will make you liable to prosecution.

PART III

LEFT THUMB PRINT

RIGHT THUMB PRINT




PART IV
ATTESTING WITNESS (those in benefit)

The following qualified witness attests to the completion of this form:

      (a)   Lawyer/Magistrate/Judge/Advocate

      (b)   Senior Public/Civil Servant Officer

      (c)   Employer or his Representative

I certify that the completion of this form was supervised by me and that the thumb prints and signature on the form are of the members.

Name

Title

Address

Signature



BACK

FOR OFFICIAL USE ONLY

1.   Please be informed that the application for membership duplicate card has been approved. Kindly receive card for the above mentioned insured person.

2.   Please be informed that the application for membership duplicate card has not been honoured for the following reasons:

   ..................................................................................................................................
..................................................................................................................................
..................................................................................................................................

   Name ............................... Designation ........................... Signature ............................


   Date ................................

BACK

FORM NSSF. 3B
MEMBER’S RECORD UPDATE AND APPLICATION
FOR MEMBERSHIP DUPLICATE CARD

NATIONAL SOCIAL SECURITY FUND

(NSSF)


(Please tick were applicable)

NSSF Membership No. ................................

Member's Record Update

Membership Duplicate Card


Change of name

Application for
Membership Card


Change of dependants

INSTRUCTIONS FOR COMPLETING THIS FORM

¨   For membership Duplicate Card and change of Name, complete Parts I and II

¨   For change of beneficiary complete Parts I, II and III

¨   Part IV should be completed by the WITNESS

PART I

DESCRIPTIONS

FIRST NAME

MIDDLE NAME

SURNAME

MEMBER'S NAME

PREVIOUS NAME OR MAIDEN NAME

CONTACT
ADDRESS

PERMANENT


SEX


MARITAL
STATUS

CURRENT

MALE

1 FEES PAID

DATE

FEMALE

RECEIPT NO:

DATE

SINGLE

MARRIED

SEPARATED

DIVORCED

WIDOW

WIDOWER

NOTICE


1.   Keep this card safely and show it to a new employer.


2.   Please do not register more than once to avoid unnecessary inconvenience.


3.   Please come with this card while you visit any NSSF office.



ZINGATIA


1.   Tunza kadi hii kwa usalama na umwonyeshe mwajiri mpya mara tu unapoajiriwa nae.


2.   Tafadhali usijiandikishe zaidi ya mara moja ili kuepusha usumbufu hapo baadae.


3.   Tafdhali njoo na kadi hii kila unapotemebelea ofisi ya NSSF.

BACK OF THE CARD
(NYUMA YA KADI)

FORM NSSF. 4
MEMBERSHIP CARD

UNITED REPUBLIC OF TANZANIA
(JAMHURI YA MUUNGANO WA TANZANIA)

NATIONAL SOCIAL SECURITY FUND
(SHIRIKA LA TAIFA LA HIFADHI YA JAMII)


NSSF
EMBLEM

MEMBERSHIP CARD
(KADI YA MWANACHAMA)


Full Name of Insured Person
(Jina Kamili la Mwanachama)


.................................................


MEMBER'S
PHOTOGRAPH

NSSF Number: ..............................................
(Nambari ya Mwanachama)

Date Issued ...................................................
(Tarehe Iliyotolewa

FRONT
(MBELE)

FORM NSSF. 5
NOTICE FOR REGISTRATION OF EMPLOYEES

NATIONAL SOCIAL SECURITY FUND (NSSF)



EMPLOYEES' REGISTRATION NOTICE

Regional Director/District Fund Manager
P.O. Box ...................................
.................................................
Date ..................................

Ref. No. NSSF/ ...............................................
Employer No: ..................................................
M/S ...............................................................
......................................................................

Please be informed that a total number of your ......................... employees listed below have been registered as Insured Persons.


Their respective membership numbers are as indicated on the right hand columns.

NAMES OF INSURED PERSONS

NSSF NUMBER

Together with this letter, I’m enclosing ............................ membership cards and you are requested to distribute them to the respective Insured Persons.

You are required to quote their respective membership number in all transactions with any NSSF Office.

Name: ....................................................
For: DIRECTOR-GENERAL

FORM NSSF/B. 1
APPLICATION FOR OLD AGE AND INVALIDITY PENSION

NATIONAL SOCIAL SECURITY FUND


MEMBER
PHOTO

(TO BE COMPLETED BY THE RETIRED OR AN INVALID INSURED PERSON IN CAPITAL LETTERS)

WARNING:   Any person who for the purpose of obtaining any benefit for himself or some other person makes any false statement or representation, or produces or furnishes or causes to be produced or furnished any document or information which he knows to be false in material particular, commits of an offence under the National Social Security Fund Act *.

A.   PARTICULARS OF AN INSURED PERSON

   1.   NSSF Registration Number ...............................................................................


   2.   Surname .........................................................................................................


   3.   Other names ...................................................................................................


   4.   Previous/Maiden names ...................................................................................


   5.   Father’s Name .................................................................................................


   6.   Mother’s Name ................................................................................................


   7.   Nationality/Tribe ........................................................ Sex ...............................


   8.   Date of Birth: Day ............................ Month ....................... Year ......................


   9.   Permanent/Address .........................................................................................


      .......................................................................................................................


      .......................................................................................................................

B.   MEMBERSHIP PARTICULARS:

   1.   Date joined the Scheme ...................................................................................


   2.   Place ..............................................................................................................


   3.   Date of Retirement/Invalidity ..............................................................................


   4.   Cause of Invalidity ............................................................................................


   5.   Reason for Retirement:


   (Please tick the appropriate)


      (i)   Attainment of pensionable age [ ]


      (ii)   Early Retirement [ ]


      (iii)   Change from Invalidity Pension [ ]

   6.   Name and Address of last Employer:


      .......................................................................................................................


      .......................................................................................................................

C.   INSURED PERSON’S EMPLOYMENT RECORD

   (i)   ..................................... From ................................ To ...................................


   (ii)   ..................................... From ................................ To ...................................


   (iii)   ..................................... From ................................ To ...................................


   If worked with more than 3 employers provide attachment.

D.   OTHER CLAIMS LODGED BY THE MEMBER

   Have you ever applied for or are you in receipt of any benefit under NSSF? If Yes, state:


   (i)   Type of Benefit ................................................................................................


   (ii)   Date lodged ....................................................................................................


   (iii)   Office lodged ...................................................................................................


   (iv)   Amount of Benefit ............................................................................................


   (v)   Other Comments .............................................................................................

E.   DOCUMENTS TO SUPPORT THE CLAIM

   I attach the following documents depending on type of claim (Please tick):


   (i)   Membership card [ ]


   (ii)   Birth certificate/Medical form for Age [ ]


   (iii)   Medical certificate of Invalidity [ ]


   (iv)   Certificate of Retirement/Termination [ ]

F.   PAYMENT INSTRUCTION:

   Please pay my benefit cheque


   (i)   Through ........................................................ Bank ............................. Branch


      Account No. ............................................... town ........................................ or


   (ii)   To be collected at NSSF office ...................................................................... or


   (iii)   To be posted to the following address ................................................................


      ......................................................................................................................

G.   DECLARATION OF APPLICANT:

   I declare that the Statements given in this form are true to the best of my knowledge and belief.

   ..........................................
Signature of the Claimant


   Date ..................................

[ ] Right hand
Thumb print


[ ] Left hand
Thumb print

   Signature of Attesting Witness 1
(only necessary if the applicant is unable to write)


   FOR OFFICIAL USE:

H.   PENSIONS OFFICE DECISION

   Comments by an authorising officer .............................................................................


   .................................................................................................................................


   Name: .......................................................................................................................


   Designation: ..............................................................................................................


   Signature: .................................................................................................................


   Date: ........................................................................................................................


   Approved by: .............................................................................................................


   Name: ......................................................................................................................


   Designation: ..............................................................................................................


   Signature: ..................................................................................................................


   Date: .........................................................................................................................

FORM NSSF/B. 2
APPLICATION FOR SURVIVOR'S PENSION

NATIONAL SOCIAL SECURITY FUND


Beneficiary
Photo

(TO BE COMPLETED BY THE DEPENDANT OF THE DECEASED INSURED PERSON IN CAPITAL LETTERS)

WARNING:   Any person who for the purpose of obtaining any benefit for himself or some other person makes any false statement or representation or produce or causes to be produced or furnished any document or information which he knows to be false in material particular is guilty of an offence under the National Social Security Fund Act *.

A.   PARTICULARS OF A DECEASED INSURED PERSON

   1.   Surname .........................................................................................................


   2.   Other Names ...................................................................................................


   3.   Father's Name ..................................................................................................


   4.   Mother's Name .................................................................................................


   5.   Nationality/Tribe ...............................................................................................


   6.   Death certificate No. .........................................................................................


   7.   Date of Death ...................................................................................................


   8.   Place of Birth ...................................................................................................


   9.   NSSF Registration No. ......................................................................................


   10.   Name of the last Employer ................................................................................


   11.   Registration number of the last Employer ............................................................

B.   CLAIMANT'S PARTICULARS:

   1.   Surname


   2.   Other Names


   3.   Date of Birth: Day .......................... Month ............................. Year ................


   4.   Place of Birth .................................................................. Sex .......................


   5.   NSSF Registration No. (If any) .........................................................................


   6.   Address:   .....................................................................................................


            .....................................................................................................


            .....................................................................................................


   7.   Relationship with deceased insured person .......................................................


   8.   Nationality/Tribe .............................................................................................


         In case of polygamous marriage, please list the spouses:


         (i)   .....................................................................................................
         (ii)   .....................................................................................................
         (iii)   .....................................................................................................
         (iv)   ......................................................................................................

C.   PARTICULARS OF SURVIVING CHILDREN

   1. Name of children who are under the age of 18 or 21 years if receiving full time education

Name in Full

Date of Birth

Place of Birth

Address

Occupation

D.   OTHER CLAIMS LODGED BY THE INSURED PERSON

   Have you ever applied for or are you in receipt of any benefit under NSSF? IF YES, State:


   (i)   Type of benefit .................................................................................................


   (ii)   Date of Lodged .................................................................................................


   (iii)   Office Lodged ...................................................................................................


   (iv)   Amount of benefit ..............................................................................................


   (v)   Other comments ...............................................................................................

E.   DOCUMENTS TO SUPPORT THE CLAIM

   I attach the following documents to support my claims:


   (i)   Photocopies and Birth certificates (if claimant is a child of deceased).


   (ii)   Certification from school/college i.e. those above 18 as regards schooling.


   (iii)   Marriage certificate (if the claimant is a spouse).


   (iv)   Death certificate (or any other document to support occurrence of death) of the insured person.


   (v)   Medical certificate for children suffering from permanent invalidity.

F.   PAYMENT INSTRUCTION:

   Please pay my benefit cheque:


   (i)   Through ................................ Bank ................... Branch Account No. ................


   (ii)   To be collected at NSSF office ....................................................................... or


      Town ...................................... or


   (iii)   To be posted to the following address .................................................................


      ........................................................................................................................


      ........................................................................................................................

G.   DECLARATION OF APPLICANT

   I declare that the statements given in this form are true to the best of my knowledge and belief.

.........................................................
Signature of Claimant

.............................................. Right Hand
Thumb Print
RTP

   Date ............................................

................................................ Left hand
Thumb Print
LTP

   .........................................................
   Signature of Attesting Witness 1


   (Only necessary if applicant is unable to write)


   Date .................................................


   FOR OFFICIAL USE

H.   PENSIONS OFFICE DECISION

   Comments by an authorising officer


   ..................................................................


   ..................................................................


   ..................................................................


   Designation: ...............................................


   Official stamp: ............................................


   Date: .........................................................


   Approved by: ..............................................


   Name: .......................................................


   Designation: ..............................................


   Signature: .................................................


   Date: ........................................................

FORM NSSF/B. 3
APPLICATION FOR FUNERAL/GRANT

NATIONAL SOCIAL SECURITY FUND


APPLICANT'S
PHOTO

(TO BE COMPLETED BY AUTHORISED MEMBER OF THE FAMILY OF THE DECEASED INSURED PERSON)

WARNING:   Any person who for the purpose of obtaining any benefit for himself or some other person makes any false statement or representation or produce or causes to be produced or furnished any document or information which he knows to be false in material particular, is guilty of an offence under the National Social Security Fund Act *.

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