Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697639457519.pdf (Bahamas)
EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 12th March, 2012 TABLE OF CONTENTS S.I.

No.
TITLE PAGE 32 33 34 35 The National Insurance (Chronic Diseases Prescription Drug Fund) Act, 2009 (Amendment to Schedule) Order, 2012 The National Insurance (Chronic Diseases Prescription Drug Fund) Act, 2009 (Amendment) Regulations, 2012 The National Insurance (Contributions) (Amendment) Regulations, 2012 The National Insurance (Benefit and Assistance) (Amendment) Regulations, 2012 2 4 8 11 THE NATIONAL INSURANCE (BENEFIT AND ASSISTANCE) (AMENDMENT) REGULATIONS, 2012 Arrangement of Regulations Regulation Citation ....... .. ..... ..... ........ ......... ... ... ..... .... ........ ...... ....... .... .... ... .. .. ... ........... .......... .... 2 I .
Amendment to regulation 2 of the principal Regulations ........... ........ .. ........ .. ... .... 2 2.

Amendment to regulation 10 of the principal Regulations ........ ..... .... ... ......... ....... 3 3.

Amendment to regulation 14 of the principal Regulations ...... .... .. ... ....... ...... ... ..... 3 4.

Amendment to regulation 18 of the principal Regulations .... .. .. ..... ... ... ..... .... ........ 3 5.
Amendment to regulation 19 of the principal Regulations ..... ..... ........ ... .... ... ..... ... 5 6.

Amendment to regulation 20 of the principal Regulations .... .... ... ..... ............. .. .... 6 7.

Repeal of regulation 21 of the principal Regulations .................... .. .. .... .... ............ 6 8.

9.

Amendment to regulation 2IA of the principal Regulations .. .. .. ..................... .... .. 6 10.
Amendment to regulation 22 of the principal Regulations ........ .. .. ..................... .. .

?

11 .

Amendment to regulation 23 of the principal Regulations .. .............. ................ .. .. ?

12.

Amendment to regulation 24 of the principal Regulations ........... .. .... ...... ............ .

8 13.

Amendment to regulation 25 of the principal Regulations .................................... 9 14.
Amendment to regulation 26 of the principal Regulations ...... .. ................ ............ 9 15 .

Amendment to regulation 28 of the principal Regulations .. ...... .. .... .. .. .... .............. 9 16.

Amendment to regulation 29 of the principal Regulations .... .......... ....... .. .. ........... 9 17.

Amendment to regulation 29 A of the principal Regulations ...... .. ... ................. ... .

9 18.
9 18.

Amendment to regulation 31 of the principal Regulations .................. .. .... .. .... .. .. 10 19.

Amendment of regulation 44 of the principal Regulations .

.. .. .. ........ .... .............. 10 20.

Amendment to regulation 47 of the principal Regulations ........... ...................... 10 21 .

Amendment of regulation 470 of the principal Regulations ..................... .. ....... 10 22.
Amendment to regulation 60 of the principal Regulations .. .. ...... ...... .... .............. 11 23.

Amendment to regulation 63 of the principal Regulations .... .............................. II 24.

Amendment to regulation 89 of the principal Regulations .. .. .. .... ............ ...... ...... II 25.

Amendment to regulation 94 of the principal Regulations .. .. .. .. ................... ....... II 26.
Amendment to regulation 99 of the principal Regulations .. .. .. .. .............. .. .... ..... 12 27 .

Amendment to regulation 102 of the principal Regulations .. .............. .. ... .... ....... 13 28.

Amendment to regulation 108 of the principal Regulations .... ........ .. .. .. .. .. .......... 13 Insertion of Eighth Schedule into the principal Regulations ............ .. .. .......... .. .. .

13 29.

"EIGHTH SCHEDULE (REGULATIONS 26(C ), 29, 44, 47, 94, 99) 14 14 S.I.

No.
No.

35 of2012 THE NATIONAL INSURANCE ACT THE NATIONAL INSURANCE (BENEFIT AND ASSISTANCE) (AMENDMENT) REGULATIONS, 2012 The Minister, in exercise of the powers conferred by sections 23, 24, and 62 of the :\ational Insurance Act, makes the the following Regulations- 1.

Citation.

(I) These Regulations which amend the National Insurance (Benefit and Assistance) Regulations, may be cited as the The National Insurance (Benefit and Assistance) (Amendment) Regulations, 2012.
(2) These Regulations shall come into operation on a date to be appointed by the Minister by not ice in the Gazette.

2.

Amendment to regulation 2 of the principal Regulations.
Regulation 2 of the principal Regulations is amended- ( a) in paragraph (I) under the definition of "basic wages·· by inserting the words "performance based pay and" immediately following the word "including"; (b) in paragraph (I) under the definition of "orphan" by deleting the word "eighteen" where it first appears and substituting therefor the word "sixteen'" and by deleting the word "eighteen" where it appears for the second time and substituting therefor the word '·twenty-one"; (c) by deleting subparagraph (b) of paragraph(!)
under the definition of "orphan"; and (d) by deleting the numbering for subparagraphs (c), (d), and (e) and substituting therefor (b), (c) and (d) respectively.

Page- 2 3.

Amendment to regulation 10 of the principal Regulations.

Regulation lO(b) of the principal Regulations is amended by- { a) deleting the word "Sunday" and substituting therefor the words "two days"; and (b) deleting the word "six" and substituting therefor the word "five".

4.

Amendment to regulation 14 of the principal Regulations.
Regulation 14 of the principal Regulations is amended- ( a) by deleting paragraphs (3) and (4) and substituting therefor the following- ''(3) The time-limit for submission of claims in respect of benefit under paragraph (I) shall be- (i) three months from the date of entitlement to benefits under subparagraphs (a), (b) and (c); (ii) six months from the date of death for benefits under :,ubparagraph (d); and tiii) three months from the date of the commencement of unemployment benefit under subparagraph (e).
(4) ~o sum shall be paid by way of benefit or assistance, in respect of any period more than six months before the date in which the claim therefor is duly made, provided that the Board may waive the provision of limitation in individual cases if the circumstances warrant it.

"'; and (b) in paragraph (6), hy deleting the words "six months'' and substituting therefor the words "three months".

5.

Amendment to regulation 18 of the principal Regulations.
Regulation 18 of the principal Regulations is repealed and replaced by the following- "18.

Entitlement to retirement benefit and duration thereof.

(I) Subject to the provisions of these Regulations, retirement benefit shall be payable for life to an insured person who- (a) (b) has attained the age of sixty years; or if over sixty years.

but under sixty-five years is not Page· 3 substantially employed in insurable employment, and in respect of whom not less than five hundred contributions have been paid.
(2) For the purposes of this regulation, a person shall be deemed to be substantially employed in insurable employment if his earnings as an employed or self-employed person exceed fifty per centum of the ceiling on insurable wages.
(3) An employed or self-employed person receiving retirement benefit who is- ( a) (b) under sixty-five years and not substantially employed; or aged sixty-five years or over, shall not receive any further increase of retirement benefit for the contributions paid in respect of him in the same or subsequent insurable occupation, nor shall he be entitled to receive any other benefit except industrial benefit if he suffers personal injury which is caused by an accident arising out of or in the course of his employment, or contracts a prescribed disease due to the nature of his employment.
(4) An employed or self-employed person under sixty-five years wh<F- (a) is receiving a retirement benefit; and subsequently becomes substantially employed, (b) shall forthwith notify the Director in writing and shall be disqualified from receiving retirement benefit thereafter until he is no longer substantially employed or attains the age of sixty-five years.
(5) In the case of a person referred to in paragraph (4) above- (a) contributions shall be paid by or in respect of him for the week or weeks of disqualification and these contributions shall count towards the subsequent award of retirement benefit; and any subsequent award of retirement benefit, shall be subject (b) Page- 4 to the reduction factor that was originally applied.
(6) An insured person receiving a retirement benefit of sixty per centum of the average weekly insurable wages or income and who subsequently becomes substantially employed shall not receive any further increase of retirement benefit for the contributions paid by or in respect of him in the subsequent insurable occupation.".

6.

Amendment to regulation 19 of the principal Regulations.

Regulation ,19 of the principal Regulations is repealed and replaced by the following- "19.
Rate of Retirement Benefit ( l) The rate of retirement benefit shall be- ( a) thirty per centum of the average weekly insurable wage or income in respect of the first five hundred paid contributions plus; (b) one per centum of the average weekly insurable wage or income for each additional fifty contributions and credits: Provided that retirement benefit shall not exceed sixty per centum of the average weekly insurable wage or income.
(2) Where an insured person elects to receive benefit other than in the month in which age sixty-five is attained, the benefit payable shall be- (a) if commencement amount determined in paragraph (I) reduced by seven twelfths per centum for each month that the age at the is before age sixty-five years, the date of award is less than age sixty-five years; (b) if commencement is after age sixty-five years, the amount determined in paragraph (I ) increased by seven-twelfths per centum for each month that the age at the date of award is above age sixty-five years, up to a maximum of thirty-five per centum.
(3) For the purpose of paragraph (l), the average weekly Page- 5 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 in which no less than twenty-six contributions were made, divided by five.

(4) The weekly insurable wage for any week in the case of a person who by virtue of his employment prior to July, 2013, 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.

(5) Where an insured person makes contributions in respect of- (a) a period of time prior to July 2013, during which he was el igible for pension in accordance with the provisions of the Pensions Act (Ch.

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

7.

Amendment to regulation 20 of the principal Regulations.
Regulation 20 of the principal Regulations is repealed and replaced by the following- " 20.

Date of retirement immediately foUowing invalidity benefit.

An insured person in receipt of invalidity benefit who, on reaching the age of sixty-five years, is not entitled to retirement benefit shall become entitled to retirement benefit payable at the same rate as the rate of invalidity benefit to which he was entitled immediately before reaching the age of sixty-five years.".

8.
8.

Repeal of regulation 21 of the principal Regulations.

Regulation 21 of the principal Regulations is hereby repealed.

9.

Amendment to regulation 21 A of the principal Regulations.
Regulation 21A of the principal Regulations is amended by inserting a new paragraph (3) immediately following paragraph (2) as follows- Page- 6 "(3) The contributions on which a retirement grant is calculated shall not be taken into account for the purposes of establishing title to, and the rate of any subsequent retirement benefit."

10.

Amendment to regulation 22 of the principal Regulations.

Regulation 22 of the principal Regulations is repealed and replaced by the following- "22.
Entitlement to invalidity benefit and duration thereof.

(l) Subject to the provisions of these Regulations, invalidity benefit shall be payable, for so long as invalidity continues, to an insured person who-- (a) is an invalid otherwise than as a result of employment injury; (b) (c) is under the age of sixty-five years; and has paid not less than one hundred and fifty contributions.
(2) On cessation of invalidity benefit, nothing in these Regulations shall prevent the contributions on which the said invalidity benefit was calculated from being taken into account for the purposes of establishing title to, and the rate of, either invalidity benefit for any subsequent period or retirement benefit.".

11.

Amendment to regulation 23 of the principal Regulations.

Regulation 23 of the principal Regulations is repealed and replaced by the following- "23.

Rate of invalidity benefit.
(I) The rate of invalidity benefit shall be- (a) sixteen per centum of the average weekly insurable wage or income in respect of the first one hundred and fifty paid contributions plus; (b) two per centum of the average weekly insurable wage or income for each additional fifty contributions and credits up to five hundred plus; (c) one per centum of the average weekly insurable wage Page - 7 or income for each additional fifty contributions and credits above five hundred: Provided that the total invalidity benefit shall not exceed a maximum of sixty per centum of the average weeldy insurable wage or income.
(2) For the purpose of paragraph (1) the average weeldy insurable wage or income shall be the sum of the average weeldy insurable wage or income of the insured person during the three best contribution years in which no less than twenty-six contributions were made, divided by three.

(3) The weeldy insurable wage for any week in the case of a person who by virtue of his employment prior to July, 2013 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.

(4) Where an insured person makes contributions in respect of- (a) a period of time, prior to July 20 13, during which he was eligible for pension in accordance with the provisions of the Pensions Act ( Ch.

43 ); and (b) a period of time to which subparagraph (a) does not apply, invalidity benefit shall be determined as shown in the Seventh Schedule.".

12.

Amendment to regulation 24 of the principal Regulations.
Regulation 24(3) of the principal Regulations is amended by- ( a) inserting the words "or widower" in subparagraph (a) immediately following the word "widow"; deleting subparagraph (b); deleting the letter "(c)" and substituting therefor the letter "(b)"; and by deleting "(c)" immediately following the word "subparagraph" in the proviso and substituting therefor "(b)".

(b) (c) (d) Page- 8 13.

Amendment to regulation 25 of the principal Regulations.
Regulation 25 of the principal Regulations is amended- ( a) in paragraph (l)(b)(i) by deleting the words "for not less than a year"; (b) in paragraph 1 (b) by deleting the "full-stop" and substituting therefor a "semi-colon"; (c) in paragraph (l) (c) by inserting the words "or retirement grant" immediately following the words "retirement benefit" where it appears for the second time; (d) in paragraph (5) by deleting the words "A widow with no dependent children over 40 years of age", and substituting therefor the words "A widow or widower being over forty years with no dependent children".
14.

Amendment to regulation 26 of the principal Regulations.

Regulation 26 of the principal Regulations is amended by- (a) deleting paragraph (c) and substituting therefor the words "has no income or a weekly income of less than the weekly rate of survivor's benefit as shown in the Eighth Schedule; and"; (b) deleting paragraph (d) and substituting therefor the words "he is an invalid or over the age of forty years:".

15.

Amendment to regulation 28 of the principal Regulations.
Regulation 28 of the principal Regulations is amended in paragraphs (1 )(b) and (2) by inserting the words "or part-time" immediately following the words "full time".

16.

Amendment to regulation 29 of the principal Regulations.

Regulation 29 of the principal Regulations is amended by deleting the words "twenty-eight dollars and eighty-five cents effective lst March 2007'' and substituting therefor the words "such amount as shown in the Eighth Schedule."

.

17.
.

17.

Amendment to regulation 29A of the principal Regulations.

Regulation 29A of the principal Regulations is amended by deleting paragraph (1) and substituting therefor the following- Page - 9 "(1) Subject to the provisions of these Regulations, a survivor's grant shall be awarded to a widow or widower who- (a) does not satisfy the provisions of regulation 25; and (b) was married to the deceased; where the deceased had paid not less than one hundred and fifty contributions.".

18.
18.

Amendment to regulation 31 of the principal Regulations.

Regulation 3l(l)(b) of the principal Regulations is amended by deleting the following phrase- ", nor caused by the habitual use of alcoholic liquor, narcotics or drugs other than those taken under the prescription of a registered medical practitioner ".

19.

Amendment of regulation 44 of the principal Regulations.
Regulation 44 of the principal Regulations is amended in paragraph (I) by deleting the words "of $400" following immediately after the word "payment" and substituting therefor the words "as shown in the Eighth Schedule".

20.

Amendment to regulation 47 of the principal Regulations.

Regulation 47 of the principal Regulations is amended by deleting the words "fifteen hundred dollars" and substituting therefor the words "such amount as shown in the Eighth Schedule.".

21.
21.

Amendment of regulation 470 of the principal Regulations.
Regulation 47D of the principal Regulations is amended- ( a) in paragraph (l) by deleting the words "paid for each day excluding Sundays" and substituting therefor the words "payable for five days per week"; (b) by deleting paragraph (2) and substituting therefor the following- "(2) An employed person who has exhausted his entitlement to unemployment benefit shall not be entitled to another such benefit unless- ( a) the first day that the current continuous period of Page- 10 unemployment commenced is at least fifty-two continuous weeks after the last week in respect of which benefit was paid; and (b) (c) he satisfies the conditions specified in regulation 47C.
"; and in paragraph (4) by inserting the words "vacation pay or" immediately follow ing the word "receives".

22.

Amendment to regulation 60 of the principal Regulations.

Regulation 60 of the principal Regulations is amended by deleting the words "for not less than one year" which appear in the proviso.

23.

Amendment to regulation 63 of the principal Regulations.
Regulation 63(2)(a) of the principal Regulations is amended by deleting the words "five thousand" and substituting therefor the words "ten thousand".

24.

Amendment to regulation 89 of the principal Regulations.
Regulation 89 of the princ1pal Regulations is amended by inserting a new paragraph (4) immediately following paragraph (3) as follows- "(4) Where a retirement grant was previously awarded, assistance shall not be awarded until the effective number of months of assistance paid using the monthly rate of assistance at the ti.

ne of claiming old age non-contributory pension, has elapsed.".

25.

Amendment to regulation 94 of the principal Regulations.
Regulation 94 of the principal Regulations is amended- ( a) in paragraph (I) by the insertion of the words "or part-time" immediately following the word "time"; (b) in paragraph (I) by deleting the words "twenty-four dollars and twenty-three cents effective I st March, 2007'' and substituting therefor the words "such amount as shown in the Eighth Schedule.
"; (c) in paragraph (2) by- (i) deleting the words "fifty-three dollars and eight cents effective l st March, 2007" and substituting therefor the words "such amount as shown in the Eighth Schedule"; Page- 11 (ii) deleting the words ''twenty-one dollars and twenty-three cents t!ffective I st March, 2007" and substituting there for the words "such amount a<; shown in the Eighth Srhedule"; and (iii) deleting the words "eighty-four dollars and ninety-two cents effective lst March, 2007'' and substituting therefor the words "such amount as shown in the Eighth Schedule"; and (d) in paragraph (3)(b) by deleting the word "six" and substituting therefor the word "five".
26.

Amendment to regulation 99 of the principal Regulations.

Regulation 99 of the principal Regulations is repealed and replaced hy the following- "99.

Minimum amount of benefit.


( l) The weekly rate of retirement benefit, invalidity benefit, survivor's benefit, (other than the benefit to children under paragraph (3) of regulation 24 and regulation 29), disablement benefit for total loss of hculty, or death (other than the benefit to children under paragraph (3) of regulation 59 and under regulation 61) due under any of the provisions of these regulations shall not be less than the amount~ shown in the Eighth Schedule.
(2) The minimum disablement benefit in the form of periodical payment shall be that portion of the minimum benefit for total loss of faculty with the percentage assessed as the degree of disablement bears to one hundred per centum: Provided that such prorated amount shall not be less than the amount shown in the Eighth Schedule.
(3) The weekly rate of survivor's benefit to a child under paragraph (3) of regulation 24 and death benefit to a child under regulation 59(3) shall not be less than the amount shown in the Eighth Schedule.

(4) The weekly maternity benefit, sickness benefit or injury benefit shall not be less than the amounts shown in the Eighth Schedule.
(5) The weekly rate of unemployment benefit shall not be less Page - 12 than the amounts shown in the Eighth Schedule: Provided that where the average weekly insurable wage or income is less than the minimum amount of unemployment benefit as shown in the Eighth Schedule, the weekly rate of unemployment benefit shall be equal to the average weekly insurable wage or income.".

27.

Amendment to regulation 102 of the principal Regulations.
Regulatio~ 102 of the principal Regulations is amended in paragraph (4) by inserting the words "or death" immediately following the word "survivor's".

28.

Amendment to regulation 108 of the principal Regulations.

Regulation 108 of the principal Regulations is amended in paragraph (4) by deleting the words "three months" and substituting therefor the words "one month".

29.

Insertion of Eighth Schedule into the principal Regulations.
The principal Regulations are amended by the insertion of an Eighth Schedule immediately following the Seventh Schedule.
Page· 13 J I "EIGHTH SCHEDULE (Regulations 26(c ), 29, 44, 47, 94, 99) Benefit & Assistance Rates The following rates shall be effective from July I st 2010 to June 30th 2012 Maternity grant Funeral benefit $430 $1,600 Benefit or Assistance Weekly Monthly Minimum retirement benefit awarded at age 65 or older Minimum retirement benefit awarded at ages younger than 65 $66.42 $287.82 $61.50 $266.50 ··- $30.75 $27.06 $66.42 $66.42 Minimum invalidity benefit Minimum Survivors or Industrial Death Benefit to a widow, widower or parent Minimum Survivors or Industrial Death Benefit to a dependent child Survivors or Industrial Death Benefit to an orphan Minimum Disablement Benefit - 100% degree of disablement Minimum Disablement benefit - degree of disablement less than I 00% Old Age Non-Contributory Pension & Invalidity Assistance Survivors Assistance to a widow, widower or $56.68 parent $21 .23 Survivors Assistance - dependent child $24.23 Survivors Assistance- orphan Minimum sickness benefit, maternity benefit, $66.42 injury benefit, unemployment benefit $56.68 $287 .82 $287.82 $11 7.26 $133 .25 ' $245 .18 $245.18 $98.06 $111.93 n/a" f-$66.42 $~ $245.18 $56.58 Dated the 12'b day of March, 2012.
Signed HUBERT A. INGRAHAM Minister responsible for National Insurance Page - 14