Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697642537795.pdf (Bahamas)
EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 1 01 h August, 20 10 (B) TABLE OF CONTENTS S.l.

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 (CONTRIBUTIONS) (AMENDMENT) REGULATIONS, 2010 Arrangement of Regulations Regulation Citation and commencement.
................................................................................ 2 I.

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

Amendment of regulation I 0 of the principal Regulations .................................... 2 3.

Amendment of regulation 23 of the principal Regulations .................................... 2 4.

Amendment of regulation 30 of the principal Regulations .................................... ) 5.
Amendment of regulation 31 of the principal Regulations ................................... .3 6.

Amendment of regulation 34 of the principal Regulations .................................... 4 7.

Amendment of regulation 35 of the principal Regulations ................................... .4 8.

Amendment of regulation 43 of the principal Regulations .................................... 4 9.

I 0.

Insertion of new section 52 into the principal Regulations ................................... S 11.
Amendment of Fifth Schedule to the principal Regulations .................................. S 12.

Revocation of Sixth Schedule to the principal Regulations .................................. ?

13.

Insertion of new Seventh Schedule into the principal Regulations ....................... ?

14.

Revocation of regulation 3 ofthe National Insurance (Contributions) (Amendment) Regulations, 2009 ........................................................................... 8 S.I.

No.
No.

100 of2010 NATIONAL INSURANCE ACT (CHAPTER 350) NATIONAL INSURANCE (CONTRIBUTIONS)(AMENDMENT) REGULATIONS, 2010 The Minister, in exercise of the powers conferred by section 12(2), 15(2), 16, 18, 19, 20, 55, 57(3), 58, 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 (Contributions) Regulations' may be cited as the National lnsmance (Contributions) (Amendment) Regulations, 2010.
(2) Regulations 9 and 13 of theses Regulations shall come into force on a day to be appointed by the Minister by notice in the Gazette.

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

2.

Amendment of regulation 2 of the principal Regulations.
Regulation 2 of the principal Regulations is amended by the deletion of the definition "insurable wage or income" and the substitution of the following - "insurable wage or income" means the basic wage, income or tips and gratuities of an insured person up to the wage ceiling set out in regualtion 52;".

3.

Amendment of regulation 10 of the principal Regulations.
Regulation lO of the principal Regulations is amended in paragraph (I) - (a) (b) by the deletion of the words "Part C" and the substitution therefor of the words "Part A"; and by the deletion of the words "and the corresponding insurable wage set out in column 2 of that Part".

4.

Amendment of regulation 23 of the principal Regulations.

Regulation 23 of the principal Regulations is amended - 'Sub.

Leg., Ch.

350, Vol VI.

pg.


94 Page- 2 (a) (b) (c) (d) in paragraph (I), by the deletion of the words "and the corresponding insurable wage set out in column 2 of the Fifth Schedule"; and in sub-paragraph (d), by the deletion of the words "column 4" and the substitution therefor of the words "column 5" in sub-paragraph (e), by the deletion of the words "column 4 of Part 0" and the substitution therefor of the words "column 5".

in sub-paragraph (f), by the deletion of the words "Part D of'.

5.
5.

Amendment of regulation 30 of the principal Regulations.
Regulation 30 of the principal Regulations is amended by the deletion of paragraph (I) and the substitution there for of the following - "(1) For each contribution week beginning in the period during which a person is self-employed he shall pay contribution at the rates set out income from self in the Fifth Schedule in relation to his employment for the year ended the thirty-first day of DecembeT immediately preceding that contribution week: Provided that where a person was not self-employed for the whole of that year -=- (a) in the period of self-employment up to the end of the first full calendar year following a period as an employed person, he shall pay a contribution at the rate corresponding to the rate he last previously paid as an employed person; or in the period up to the end of the f~rst full calendar year of self-employment, he shall, if he was not previously employed as an employed person, pay a contribution based on an estimate of his income from his self-employment.".
(b) 6.

Amendment of regulation 31 of the principal Regulations.

Regulation 3 I of the principal Regulations is revoked and substituted as follows "31.

Liability for contributions on reaching the upper limit of compulsory school age or retiring from self-employment.
A self-employed person shal' be liable for a contribution under the Act for all benefits except unemploy nent benefit - (a) (b) in the case of a self-employed person attaining the upper limit of compulsory school age, for the week in which the self-employed person reached that age; in the case of a self-employed person retiring from se1f- Page- 3 employment, for the week in which the self-employed person retires, Provided that in a case to which sub-paragraph (b) refers there shall be no liability for a contribution if the self-employed person retired from self-employment on the Monday of the week in question.".
7.

Amendment of regulation 34 of the principal Regulations.

Paragraph ( 1) of regulation 34 of the principal Regulations is amended - (a) (b) (c) in paragraph (a), by the deletion of the words ", and" appearing at the end of that paragraph; in paragraph (b), by the deletion of the words "; and" appearing at the end of that paragraph; by the insertion of a new sub-paragraph (bb) immediately after sub paragraph (b) as follows - "(bb) has paid at least five hundred contributions; and".

8.
8.

Amendment of regulation 35 of the principal Regulations.

Regulation 35 of the principal Regulations is amended in paragraph ( 1) by the deletion of the words "column 7 of the Sixth Schedule" and the substitution therefor of the words "Part A of the Fifth Schedule".

9.

Amendment of regulation 43 of the principal Regulations.

Regulation 43 of the principal Regulations is revoked and substituted as follows "43.

Remuneration partly by tips or gratuities from persons other than the employer.
(I) Where an insured person, either as an individual or as one of a class of employed persons, is paid wages which have been fixed on the understanding, whether expressed or implied, that arising out of his duties or the duties of that class of employed persons, he will receive remuneration for his duties in the form of tips or gratuities donated by some person or persons other than his employer, such tips and gratuities received by him in any contribution week shall be included in calculating the wages of the insured person for that week for the purpose of the payment of contributions.
For the purpose of calculating insurable wages, basic wages shall be considered first and tips and gratuities shall be considered second.

(2) Page· 4 (3) The rate of contribution payable by an employer in respect of an insured person partly remunerated by tips or gratuities shall be the rate set out in the Seventh Schedule.
(4) An employer who fails to pay the contribution for any insured person at the increased rate resulting from the inclusion under paragraph (I) of tips and gratuities in the calculation of wages, shall be guilty of an offence under these Regulations.".

10.

Insertion of new section 52 into the principal Regulations.

The principal Regulations are amended by the insertion immediately after regulation 5 I of the following new regulation - "52.

Adjustment of maximum wages on which contributions payable.
With effect from the 3'd day of January, 20 I I, the ceiling on insurable wages or income shall be $500 per week or $2,166 per month and thereafter shall be increased as indicated below- EFFECTIVE DATE July 2oc~, 2012 July 2014 and every second year thereafter MAXIMUM WAGES ON WHICH CONTRIBUTIONS PAYABLE $600 per week or $2,600 per month · - - - - -- - ---·---·· To be determined based on the change in the Retail Price Index of The Bahamas over the immediately preceding two calendar years plus 2°/o.".

11.
11.

Amendment of Fifth Schedule to the principal Regulations.

The Fifth Schedule to the principal Regulations is revoked and substituted as follows - Page- 5 "FIFTH SCHEDULE (Regulations 23, 30 and 35) PART A RATES OF CONTRIBUTIONS PAYABLE FOR EMPLOYED PERSONS OTHER THAN THOSE TO WHOM PART B OF THIS SCHEDULE APPLIES c~~~;;.;.

or·i;;;;;tdj.

lnsur~ble wage or Ptrtentl&t payable Perrentagt payable by employer W•l tntome person 1 by employed persott (%) - .

r-- Total percentage (•t.)


- ' I 98 8.8 3.9 3.4 5.9 5.4 - ·-"'- ·----- ·--··-1 - - - - - - - .

.

.

.

.

.

2.0 2.0 .

- .

.
2.0 2.0 5.0 8.8 2.0 2.0 ·- Employed persons ( odlcr than those it1 ca1cgories I isted below) Basic wages Employed persons 65 years and over not in Basic wages receipt of ~tirement ~nefit I Employed persons I earning less than 50% Basic wages of ceiling and in receipt of retirement benefit or age 70 and over Basic wages Basic wag,es Income Income Persons employed durin11 the summer Volunlllrily insured persons Self-employed persons under 70 yean and not in receipt of retirement benefit Self -employed persons under age 70 earning less than 50% of the ceiling and in receipt of retirement bene: fit Self-emplyed persons 70 years and over Income Page- 6 PARTB RATES OF CONTRIBUTIONS PAYABLE FOR EMPLOYED PERSONS WHO BY VIRTUE OF THEIR RESPECTIVE EMPLOYMENT ARE ELIGIBLE FOR PENSIONS IN ACCORDANCE WITH THE PENSIONS ACT AND WHICH ARE PAYABLE OUT OF THE CONSOLIDATED FUND Actual wagn lnsurabM waces Contrlbudoo p!lyable as pertelltaCt orlnsurablc wacn by Weekly Weekly Employed person Employer Less than S 11 0 SilO or above Actual wage up to $110 (inclusive) (a) Actual wage up to SilO (b) Actual wage in excess ofSIIO up to the <:eiling 3.9 3.9 PLUS 2.2 S.9 S.9 PLUS J.OS Total 9.8 9.8 PLUS S.2S."
12.

Revocation of Sixth Schedule to the principal Regulations.

The Sixth Schedule to the principal Regulations is revoked.

13.

Insertion of new Seventh Schedule into the principal Regulations.
The principal Regulations is amended by the insertion of the following new Schedule- "SEVENTH SCHEDULE (Regulation 43) RATES OF CONTRIBUTIONS PAYABLE FOR EMPLOYED PERSONS REMUNERATED PARTLY BY TIPS AND GRATUITIES Category oflnsund person --· Employed person remunerated pardy by paluities Insurable wace or Ptrcutqe payable PcrteDtl&e payable by employed penoD by employer iiiCOIIIe Total percentage W•l Basic wage Gratuities 3.9 9.8 S.9 .

9.8 9.8".

Page - 7 14.


Revocation of regulation 3 of the National Insurance (Contributions) (Amendment) Regulations, 20092 • Regulation 3 of the National Regulations, 2009 is revoked.

Insurance (Contributions) (Amendment) Made the 101 b day of August, 2010.

Signed ORVILLE A.

TURN QUEST Minister Responsible for National Insurance 'S.I.

No.

42 of2009 Page- 8