Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697643329518.pdf (Bahamas)
EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 1 01 h August, 20 10 (B) TABLE OF CONTENTS S.l.

No.
No.

99 100 10 l TITLE PAGE The National Insurance (Financial and Accounting (Amendment) Regulations, 2010 The National Insurance (Contributions) (Amendment) Regulations, 2010 The National Insurance (Benefit and Assistance) (Amendment) Regulations, 2010 2 2 3 NATIONAL INSURANCE (BENEFIT AND ASSISTANCE) (AMENDMENT) REGULATIONS, 2010 Arrangement of Regulations Regulation Citation and commencement.

................................................................................ ) I.
Amendment of regulation 2 of the principal Regulations ...................................... ) 2.

Amendment of regulation 14 of the principal Regulations .................................... ) 3.

Insertion of new regulation 14A into the principal Regulations ............................ ) 4.

Amendment of regulation 19 of the principal Regulations ................................... .4 5.

Amendment of regulation 21 of the principal Regulations .................................... 5 6.
Insertion of new regulation 21 A into the principal Regulations ............................ 6 7.

Amendment of regulation 23 of the principal Regulations .................................... 6 8.

Insertion of new regulation 29A into the principal Regulations ............................ 8 9.

I 0.

Amendment of regulation 31 of the principal Regulations .................................... 8 11.

Amendment of regulation 33 of the principal Regulations .................................... 8 12.
Amendment of regulation 38 of the principal Regulations .................................... 9 13.

Amendment of regulation 470 of the principal Regulations ................................. 9 14.

Amendment of regulation 47E ofthe principal Regulations ................................. 9 15.

Amendment of regulation 4 7 F of the principal Regulations ................................. 9 16.

Amendment of regulation 47G of the principal Regulations ................................. 9 17.
Amendment of regulation 49 of the principal Regulations .................................. ) 0 18.

Amendment of regulation 50 of the principal Regulations .................................. 1 0 19.

Amendment of regulation 52 of the principal Regulations .................................. 1 0 20.

Amendment of regulation 53 of the principal Regulations .................................. !

0 21.

Amendment of regulation 55 of the principal Regulations .................................. !

0 22.
0 22.

Amendment of regulation 58 of the principal Regulations .................................. 11 23.

Amendment ofregulation 59 ofthe principal Regulations .................................. II 24.

Amendment of regulation 66 of the principal Regulations .................................. ll 25.

Amendment of regulation 68 of the principal Regulations ..................................

!

!

26.

Amendment of regulation 71 of the principal Regulations .................................. II 27.
Amendment of regulation 72 of the principal Regulations .................................. 11 28.

Amendment of regulation 73 of the principal Regulations ..................................

!

!

29.

Amendment of regulation 74 of the principal Regulations .................................. !

I 30.

Amendment of regulation 87 of the principal Regulations .................................. 12 31.

Amendment of regulation 89 of the principal Regulations .................................. 12 32.
Amendment of regulation I 02 of the principal Regulations ................................ l2 33.

Amendment of regulation 107 of the principal Regulations ................................

I) 34.

Amendment of regulation I 08 of the principal Regulations ................................ l3 35.

Amendment of regulation 109 of the principal Regulations ................................ l3 36.

Amendment of Sixth Schedule to the principal Regulations ...............................

I) 37.
I) 37.

Revocation of Seventh Schedule to the principal Regulations ............................

I 3 ' ' S.l.

No.

101 of2010 NATIONAL INSURANCE ACT (CHAPTER 350) NATIONAL INSURANCE (BENEFIT AND ASSISTANCE) (AMENDMENT) REGULATIONS, 2010 The Minister, in exercise of the powers conferred by section 12(2), 16, 23, 24, 59 and 62 of the National insurance Act (Ch.

350), makes the following Regulations- 1.


Citation and commencement (I) These Regulations which amend the National Insurance (B(;nefit and Assistance) Regulations' may be cited as the National Insurance (Benefit and Assistance) (Amendment) Regulations, 20 I 0.

(2) Regulation 4 of these Regulations shall come into force on the publication ofthese Regulations in the Ga:£ette.

(3) Subject to paragraph (2), these Regulations shall come into operation on the I" day of January, 2011.

2.
2.

Amendment of regulation 2 of the principal Regulations.

Regulation 2 of the principal Regulations is amended by the insertion in the appropriate alphabetical order of the following definition - ""current" in relation to the payment of contributions means less than sixty days past due"; 3.

Amendment of regulation 14 of the principal Regulations.
Regulation 14 of the principal Regulations is amended in sub-paragraph (e) of paragraph ( I), by the deletion of the words "fifteenth day" and the substitution there for of the words "fourth day"; 4.

Insertion of new regulation 14A into the principal Regulations.

The principal Regulations are amended by the insertion immediately after regulation 14 of the following new regulation - "14A.

Adjustments to payments.


With effect from July, 201() and every second year thereafter, the amounts payable in respect of- (a) Retirement Benefit; 'Sub.

Leg., Ch.

350, Vol VI.

pg.


7 Page- 3 (b) (c) Invalidity Benefit; Survivor's Benefit; (d) Maternity Grant; Funeral Benefit; (e) (f) Disablement Benefit; (g) Death Benefit; (h) Old age non-contributory pension; (i) (j) Invalidity Assistance; and Survivor's Assistance, shall be increased based on the annual percentage increase in The Bahamas Retail Price Index between Decembers of consecutive years.
Provided that where any increase will exceed eight per cent, the Board, after obtaining actuarial advice, shall recommend to the Minister an appropriate adjustment.".

5.

Amendment of regulation 19 of the principal Regulations.
Regulation 19 of the principal regulations is amended - (a) (b) in sub-paragraph (a) of paragraph (I), by the deletion of the words "forty per centum" and the substitution therefor of the words "thirty-five per centum"; and in paragraph (2)- (i) by the deletion of the words "one hundred and fifty"and the substitution there for of the words "five hundred"; by the deletion of the Table and the substitution therefor of the following - (ii) I "TOTAL CONTRIBUTIONS AND CREDITS r--·------ 500-549 BENEFIT PAYABLE AS PERCENTAGE OF AVERAGE WEEKLY INSURABLE WAGE OR INCOME - - 30 31 32 -------------··· ···- 33 -- _j 34"; 550-599 600-649 650-699 700-749 --- 1--- - ---- / Page- 4 (c) (d) (e) (f) by the deletion of paragraph (3) and the substitution there for of the following- ''(3) For tbe purpose of paragraph (I) and (2), the average weekly insurable wage or income shall be the sum of the average weekly insurable wage or income of the insured person during the five best contribution years out of the last ten contribution years immediately prior lo the contribution year in which the benefit is to be awarded or since the last contribution year that contributions were made, whichever is earlier or such lesser number being the number of contribution years since the Appointed Day or since the day of the insured person's entry into insurance divided by five.
"; by the deletion of paragraph (4); by the re-numbering of paragraph (5) as paragraph (4); by the deletion of paragraph (6) and the substitution therefor of the following- "(5) The weekly insurable wage for any week in the case of a person who by virtue of his employment prior to July, 2011, is eligible for a pension in accordance with the provisions of the Pensions Act (Ch.

43), shall be subject to the ceiling of $11 0 per week.
"; and (g) by the deletion of paragraph (7) and the substitution therefor of the following- "(6) Where an insured person makes contributions in resp~o,ct of (a) (b) a period of time, prior to July 2011, during which he in accordance with the was eligible for pension provisions of the Pensions Act (Ch.

43); and a period of time to which sub-paragraph (a) does not apply; retirement benefit shall be determined as shown in the Seventh Schedule.".

6.

Amendment of regulation 21 of the principal Regulations.
Regulation 21 of the principal Regulations is amended- (a) in paragraph (a)- (i) by the deletion of the words "multiplied by the factor shown in column 2 of the Table below to arrive at the amount of benefit payable" and the substitution therefor of the words Page- 5 \ "reduced by seven-twelfths per centum for each month that the age at the date of award is less than age sixty-five .
"; (ii) by the deletion of the Table; and (b) in paragraph (c) by the deletion of the word "(7)" and the substitution there for of the word "(5)".

7.

Insertion of new regulation 21A into the principal Regulations.

The principal Regulations are amended by the insertion immediately after regulation 21 of the following new regulation- "21A.
Retirement Grant (I) Subject to the provisions of these Regulations, a retirement grant shall be awarded to an insured person who does not satisfy the provisions of regulations 18 and 19, but who - (a) (b) has attained the age of sixty-five years; and in respect of whom not less than one hundred and fifty contributions have been actually paid.
(2) T he retirement grant shall be a lump sum grant equal to six times the average weekly insurable wage or income for each fifty contributions actually paid or credited.".

8.

Amendment of regulation 23 of the principal Regulations.
Regulation 23 of the principal Regulations is amended- (a) (b) in sub-paragraph (a) of paragraph (I), by the deletion of the words "forty per centum" and the substitution therefor of the wo rds "thirty-five per centum"; and in paragraph (2), by the deletion of the Table and the substitution there for of the following - "TOTAL CONTRIBUTIONS AND CREDITS I ---------------+-- BENEFIT PAYABLE AS J' PERCENTAGE OF AVERAGE WEEKLY INSURABLE WAGE OR INCOME ---- .

.

-· - .

.

150-199 1------·.

·---- - 200-249 .


- L __ :_0:-~-I-;_-__ -___~-- .

~--~~-~;-_·_--·_· _· _·_· ---~--l 15 .

.

17 • ·i ' Page· 6 ~------· "TOTAL : 1 1 CONTRIBUTIONS AND CREDITS BENEFIT PAYABLE AS I PERCENTAGE OF AVERAGE !

WEEKLY INSURABLE WAGE ' ' --· .. -.

-· ·-·--· -------------, ORINCOME - ·- - - --- ·---- 400-449 450-499 - - - - - - 26 28 30 - - - · - -3-1 - - ·- - - 500-549 :···-- S50-599 : ·-- .. _ 6o0-649 ---~-·----32-----i t_t _ ~~~:~: ··-r-==~3;~~-~=- i ___ ,_j .
-··· ' (c) by the deletion of paragraph (4), and the substitution tiherefor of the following- "(4) The weekly insurable wage for any week in the case of a person who by virtue of his employment prior to July, 2011 is eligible for a pension in accordance with the provisions of the Pensions Act (Ch.

43), shall be subject to the ceiling of $110 per week.
"; \ (d) by the deletion of paragraph (5), and the substitution there for of the following- "(5) Where an insured person makes contributions in respect of (a) (b) a period of time, prior to July 2011. during which he was eligible for pension in accordance with the provisions ofthe Pensions Act (Ch.

43); and a period of time to which sub-paragraph (a) does not apply; invalidity benefit shall be determined as shown in the Seventh Schedule.

"; by the deletion of paragraph (6).

(e) 9.


Insertion of new regulation 29A into the principal Regulations.

The principal Regulations are amended by the insertion immediately after regulation 29 of the following new regulation - Page- 7 "29A.

Survivor's Grant.
Survivor's Grant.

(I ) Subject to the provisions of these Regulations, a survivor's grant shall be awarded to a widow or widower who does not satisfy the provisions of regulation 25 but who wa'i married to the deceased for at least one year and in respect of whom not less than one hundred and fifty contributions have been paid.
(2) The survivor's grant shall be a lump sum grant equal to the annual equivalent of the amount of retirement or invalidity benefit to which the deceased was entitled or the amount of invalidity benefit to which the deceased would have been entitled had he been deemed an invalid and had made a claim for invalidity benefit.".

10.

Amendrnent of regulation 31 of the principal Regulations.

The principal Regulations are amended by the revocation of regulation 31 and the substitution of the following- "31.
Entitlement to sickness benefit.

(1) Subject to the provisions of these Regulations, sickness benefit (b) shall be awarded to an insured person who -- (a) is engaged in employment as an employed or self-employed person; and is rendered incapable of work as a result of a specified disease or physical or mental disablement which is not an employment injury, nor caused by the habitual use of alcholic liquor, narcotics or drugs other than those taken under the prescription of a registered medical practitioner.
(2) For the purposes of these Regulations, an insured person shall be treated as incapable of work for any day during which he is required to abstain from work because he is under observation by reason of being a carrier, or his having been in contact with a case of an infectious disease.".

11.

Amendment of regulation 33 of the principal Regulations.
Regulation 33 of the principal Regulations is amended by the deletion of paragraph (2) and the substit'Ution there for of the following- "(2) The daily rate of sickness benefit shall be one-fifth of the weekly rate; two days in one week according to the work schedule or as the Director may determine, shall not qualify for the payment of sickness benefit.".

Page- 8 12.

Amendment of regulation 38 of the principal Regulations.
Regulation 38 of the principal Regulations is amended by the deletion of paragraph (5) and the substitution therefor of the following - "(5) The daily rate of maternity benefit shall be one-fifth of the weekly rate; two days in one week according to the work schedule or as the Director may determine, shall not qualify for the payment of maternity benefit.".

13.

Amendment of regulation 470 of the principal Regulations.
Regulation 47D of the principal Regulations is amended in subsection (1), by the deletion of paragraph (b) and the substitution therefor of the following - ''(b) for an aggregate of thirteen weeks in the fifty-two weeks immediately precedeing the commencement of the current week of unemployment;" 14.

Amendment of regulation 47E of the principal Regulations.
Regulation 47E of the principal Regulations is amended by the deletion of paragraph (2) and the substitution therefor of the following- "(2) The daily rate of unemployment benefit shall be one-fifth of the weekly rate; two days in one week as the Director may determine, the payment of unemployment benefit.".

shall not qualify for 15.

Amendment of regulation 47F of the principal Regulations.
Regulation 47F of the principal Regulations is amended by the insertion immediately after paragraph (3), of the following new paragraph - "( 4) Any person who receives unemployment benefit for a period during which he was employed or otherwise not eligible to receive such benefit, shall be disqualified from receiving any further benefit.".

16.

Amendment of regulation 47G of the principal Regulations.
Regulation 47G of the principal Regulations is amended by the insertion immediately after paragraph (2) of the following new paragraph- "(3} Where a person fraudulently receives unemployment benefit under this Part, he shall be disqualified from receiving any further benefit for the remainder of the period for which he would otherwise have been entitled.".

Page- 9 17.

Amendment of regulation 49 of the principal Regulations.
Regulation 49 of the principal Regulations is amended (a) by the deletion of paragraph (I) and the substitution therefor of the following - "( I} Subject to the provisions of these Regulations, an employed person or a self-employed person whose contributions are current at the time of the injury shalll be entitled to injury benefit in respect of any day during the injury benefit period on which, as a result of the relevant injury, he is incapable of work.
"; and (b) in paragraph (2), by the deletion of the words "included in the Sixth Schedule".

18.

Amendment of regulation 50 of the principal Regulations.
Regulation SO of the principal Regulations is amended - (a) (b) by the deletion of the words "included in the Sixth Schedule" wherever it appears; and by the deletion of paragraph (3), and the substitution therefor ofthc following- "(3) The daily rate of injury benefit shall be one-fifth of the weekly rate; two days in one week according to the work schedule shall not qualify for the payment of injury benefit.''.

19.

Amendment of regulation 52 of the principal Regulations.
Regulation 52 of the principal Regulations is amended by the deletion of the words ·'included in the Sixth Schedule" and the substitution thercfor of the words "whose contributions are current at the time of the injury".

20.

Amendment of regulation 53 of the principal Regulations.

Regulation 53 of the principal Regulations is amended in paragraph (I) by the deletion of the words "included in the Sixth Schedule''.

21.

Amendment of regulation 55 of the principal Regulations.
Regulation SS of the principal Regulations is amended by the deletion of paragraph (b) and the substitution therefor of the following - "(b) is engaged in employment as an employed or self-employed person and is rendered incapable of work as a result of the relevant injury or loss of faculty.

shall receive disablement benefit at one hundred per centum.

under assessment or Page- 10 already awarded, if the degree of disablement lies between 25% and 100%;".

22.
22.

Amendment of regulation 58 of the principal Regulations.

Regulation 58 of the principal Regulations is amended by the deletion of the words "included in the Sixth Schedule".

23.

Amendment of regulation 59 of the principal Regulations.

Regulation 59 of the principal Regulations is amended by the deletion of the words "included in the Sixth Schedule" and the substitution therefor of the words "whose contributions are current at the time of the injury".

24.
24.

Amendment of regulation 66 of the principal Regulations.

Regulation 66 of the principal Regulations is amended in paragraph (I) by the deletion of the words "included in the Sixth Schedule" and the substitution therefor ofthe words "whose contributions are current at the time of the injury".

25.

Amendment of regulation 68 of the principal Regulations.

Regulation 68 of the principal Regulations is amended by the deletion of the words "included in the Sixth Schedule".

26.
26.

Amendment of regulation 71 of the principal Regulations.

Regulation 71 of the principal Regulations is amended by the deletion of the words "included in the Sixth Schedule".

27.

Amendment of regulation 72 of the principal Regulations.

Regulation 72 of the principal Regulations is amended by the deletion of the words "included in the Sixth Schedule".

28.

Amendment of regulation 73 of the principal Regulations.
Regulation 73 of the principal Regulations is amended by the deletion of the words "included in the Sixth Schedule".

29.

Amendment of regulation 74 of the principal Regulations.

Regulation 74 of the principal Regulations is amended- (a) in paragraph (1), by the deletion ofthe words - (i) "prescribed in the Sixth Schedule" and the substitution there for of the words "whose contributions are current at the time of the injury"; and Page- 11 (b) "included in the Sixth Schedule"; and (ii) in paragraph (5).
by the deletion of the words "included in the Sixth Schedule".

30.

Amendment of regulation 87 o·f the principal Regulations.

Regulation 87 of the principal Regulations is amended by the deletion of the words "included in the Sixth Schedule".

31.

Amendment of regulation 89 of the principal Regulations.
Regulation 89 of the principal Regulations is amended by the deletion of paragraph (2) and the substitution tt1erefor of the following - "(2) Assistance shall not be awarded to a person who - (a) is entitled to benefit under Parts IV and V except as provided in regulation I 02; or (b) owns financial assets or real estate or has any interest in real estate that exceed five times the annual rate of old age non-contributory pension.".
(3) The word "real estate" referred to in sub-paragraph (b) of paragraph (2) shall not include the place of residence of the person seeking an award of assistance.".

32.

Amendment of regulation 102 of the principal Regulations.
Regulation 102 of the principal Regulations is amended - (a) in paragraph (I ) - (i) in sub-paragraph (c), by the insertion of the words ", invalidity benefit" immediately after the words "retirement benefit,"; in sub-paragraph (e), by the deletion of the full-stop appearing at the end thereof and by the substitution of a semi-colon; and (ii) (iii) by the insertion immediately after sub-paragraph (e) of the following new sub-paragraph - "(f) preclude the duplication of survivor's benefit to a widow or widower with retirement benefit or invalidity benefit as provided for in paragapraph (4).
": and (b) by the insertion immediately after paragraph (3) of the following new paragraph - ''(4) Where a person satisfies the conditions for the award of a Page- 12 retirement or invalidity benefit and wac; either previously in receipt of or subsequently meets the conditions for a survivor's benefit due to the death of his spouse.
the benefit payable to the person shall be one hundred per centum of the retirement or invalidity benefit to which he is entitled plus fifty per centum of the survivor's benefit that would otherwise have been paid.''.

33.

Amendment of regulation 107 of the principal Regulations.

Regulation 107 of the principal Regulations is amended in parngraph (3), by the deletion of the words "included in the Sixth Schedule to these Regulations".

34.

Amendment of regulation 108 of the principal Regulations.
Regulation 108 of the principal Regulations is amended in paragraph (4), by the deletion of the words "included in the Sixth Schedule to these Regulations".

35.

Amendment of regulation 109 of the principal Regulations.

Regulation 109 of the principal Regulations is amended in paragraph (3), by the deletion of the words "included in the Sixth Schedule''.

36.

Amendment of Sixth Schedule to the principal Regulations.

l11c principal Regulations is amended by the revocation of the Sixth Schedule.

37.
37.

Revocation of Seventh Schedule to the principal Regulations.

The Seventh Schedule to the principal Regulations is revoked and substituted as follows - "SEVENTH SCHEDULE (Regulations 19 and 23) Where an employed person who by virtue of his office made contributions in respect of a period of time, prior to _July 2011, during which he was eligible for pension in accordance with the provisions of the Pensions Act (Ch.
43) (hereinafter called "civil service") and for another period of time (hereinafter called "other service"), his retirement and invalidity benefits shall be determined as follows - I.

Insured persons eligible for pension under the Pensions Acl (Ch.

43) on the 1" day of July, 1984 shall have all service prior thereto treated as civil service.

Page- 13 2.

3.

All other persons shall at I'' day of July, I 984 have all service prior thereto deemed as other service.
Retirement and invalidity benefits shall be determined by applying the relevant percentage prescribed in regulations 19 and 23 of these Regulations to the weighted average weekly insurable wage or income which is arrived at as follows- (a) multiply the number of paid contributions by the average weekly insurable wage as civil service and add to this figure the number of paid contributions multiplied by the average weekly insurable wage as other service; then (b) divide the sum in respect of both services by the combined total number of paid contributions.
For the purposes of this Schedule, the "average weekly insurable wage" has the same meaning as in regulations 19 and 23 of these Regulations.

4.

The amount of retirement of invalidity benefit shall in no case be less than the amount of benefit to which a person would be entitled if the entire period of civil service is ignored for the purpose of calculatiou.".

Made the tO'b day of August, 2010.

Signed ORVILLE A. TURNQUEST Minister Responsible for National Insurance Page- 14