Law No. (2) of 2000 to read "Chairman of the Department of Health," wherever it appears in the Law
Abu Dhabi Official Gazette, 01 December 2023
Article 2 — The texts of Articles (9), (10), (12/f), (15), (17), (18), (22), (23), (27), (30), ¶
(31), (33), (35), (36), (39), (42), (43), (45), (46), (47), (67), (72), (73), (74) and
(86) of Law No. (2) of 2000 referred to, shall be replaced by the following
texts:
Article 9 — The Board shall be the competent authority to manage the affairs of the ¶
Fund and oversee its responsibilities. In particular, the Board shall undertake
the following tasks:
1. Approve the budget, annual budgets and closing accounts of the Fund
and its subsidiary companies for every fiscal year.
2. Approve the annual report about the Fund’s activities.
3. Approve the general insurance policy of the Fund.
4. Approve the Fund’s General Investment Policy.
5. Propose legislations related to the Fund’s mandate and submit them for
approval according to the legislation in force.
6. Approve the general plan for investing the Fund’s funds and to authorize
its deployment
7. Approve the organisational structure of the Fund.
8. Issue the Fund’s internal, financial, administrative, investment and
operational regulations.
9. Appoint one external auditor or more for the Fund, from among the
chartered auditors, provided that the latter submits his report to the
Board within the period determined thereby.
10. Establish companies individually or in partnership with others , inside or
outside the State , in implementation of its investment policy.
11. Allow the Fund and its subsidiaries to borrow, issue guarantees,
warranties, bonds, sukuk, or any other debt instruments in accordance
with the terms , conditions, and periods determined by the Board.
12. Propose human resources policies and regulations for the Fund and
present them for approval by the Executive Council.
13. Appoint experts, consultants and subject matter experts on a temporary
or permanent basis, determine their remuneration and seek the
assistance of experts and consulting institutions and offices according
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to the Fund’s needs and to achieve its objectives.
14. Form permanent and temporary committees from among its members
or others to carry out the assigned tasks assigned to them.
15. Perform any additional duties or tasks as assigned by the Executive
Council.
Article 10 — The Chairman shall submit reports on the Fund’s affairs and activities to the ¶
Executive Council within six months from the end of each fiscal year of the
Fund.
Article 12 — /f) ¶
Present the budget proposal and financial statements of the Fund to the
Board within the period specified by the Board, accompanied by detailed
statements on the assets, liabilities, revenues and expenditures, and a
comprehensive report on the Fund's activities, financial position, and the
investment aspects of its reserves.
Article 15 — 1. First, the financial resources of the Fund consist of the following Active ¶
Members’ Retirement contributions which includes the following:
a. The monthly contributions borne by the Active Members, which are
deducted at the rate of (5%) from the pensionable salary.
b. The monthly contributions paid by the Employer at a rate of (15%) of
the pensionable salary.
c. The annual contributions allocated in the general budget of the Emirate
for the purposes of the Fund at 6% of the pensionable salaries of Active
Members.
2. The Retirement contributions for new Active Members who are covered
by the provisions of this Law as of (01/12/2023) and who do not have
any previous contributions or registration in the Fund before this date,
and the Retirement contributions the include the following:
a. The monthly contributions borne by Active Members , which are
deducted at the rate of (11%) from the pensionable salary.
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b. The monthly contributions paid by the Employer at a rate of (15%) of
the pensionable salary.
3. Additional amounts due under this Law.
4. The amounts due from Active Members as a result of adding previous
periods of service or purchasing or increasing pension.
5. Proceeds from investing the Fund’s money.
6. Subsidies, donations, and grants provided to the Fund and approved by
the Board.
7. Amounts adjudicated for violating the provisions of this Law.
Second: Notwithstanding what is stated in this Article, the Executive Council
may, based on the Board’s recommendation, amend the contribution rate of
the Employer and Active Members, as well as redistribute the contribution
rate among them.
Article 17 — For the purposes of calculating the Retirement Pension or benefit, Active ¶
Members mayadd the following periods:
1. The previous service period spent at the Federal Government, any
public Entity or corporation, banks or companies, wherein the Federal
Government is holding or had held shares in their capital.
2. The previous service period spent at the Government Sector.
3. The previous service period spent at a local department inany other
emirtae , in any public entities or corporations, banks or companies,
wherein one of the governments of the Emirates is holding or had held
shares in their capital
4. The period of military service in the State.
5. The period of national service.
6. The previous service period in the private sector of the State.
7. The previous Period of Service outside the State, provided that the
Active Member enjoys the nationality of the State during said period.
8. The previous Period of Service at embassies, consulates and international
organisations operating in the State.
9. The Period of Service within the State prior to obtaining the nationality
of the State.
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10. Previous Periods of Service at any Entity as as determined by by the
Executive Council based on a proposal of the Board.
Article 18 — 1. In order to add the periods of service referred to in Article (17) of this ¶
Law, the following shall be fulfilled:
a. Active Members shall express their desire to add these periods before
the end of service, provided that the necessary certificates and
documents are attached to their application.
b. Active Members must not have received a Retirement Pension.
c. Active Members shall commit to paying the cost of Adding Previous
Service Period , which is equivalent for each month to (26%) of the
pensionable salary on the date of submitting the request for Adding
Previous Service .
d. Active Members shall pay the cost of adding previous service period
in one payment within two months from the date of approval of the
request for Adding Previous Service. Otherwise, the request shall be
considered cancelled unless it is agreed to pay the cost in instalments
in accordance with the rules established by the Board.
e. Any controls or conditions issued by a resolution of the Board.
2. If the Period of Service of Active Members ends without settling the
the cost for adding previous service period, the added period shall be
calculated corresponding to the amounts actually paid, except in the
following cases:
a. In the event that Active Members request payment of the remainder
of the Benefit or pension, in which case the added period shall be
calculated in full.
b. In the event that Active Members requests to continue paying
the remaining instalment of adding the previous service after the
end of service, in which case the added period shall be calculated
corresponding to the amounts actually paid.
3. If Active Members request to cancel the adding of the previous service
before completing the payment of the full cost for adding the previous
period, the added period shall be calculated corresponding to the amounts
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actually paid.
4. Notwithstanding the previous provisions of this Article, the previous
Period of Service of Active Members shall be added by default to Active
Members’ subsequent service if no retirement benefit has been paid for
such period or upon a request not to obtain the Retirement Pension or
benefit for the same period.
5. The Board may set the necessary terms and conditions for implementing
this Article.
Article 22 — It is permitted to purchase retirement pension eligibility , whether it is to ¶
complete the minimum Period of Service or age, and it is also permissible
to purchase an increase of the Retirement Pension in accordance with the
terms and conditions, and cost laid down by the Board.
Article 23 — 1. The following groups are eligible for voluntary contributions to the Fund : ¶
a. Female Active Members who desire to devote their full time to child
care and family obligations.
b. Emirati citizens who desire to devote their full time to pursuing
postgraduate studies.
c.Any other categories that the Board decides to add.
2. The Board shall lay down the terms and conditions that regulate the
voluntary contributions to the Fund to the Fund.
Article 27 — First: Active Members shall be entitled to a Retirement Pension upon the ¶
end of their service in any of the following cases:
a. Death, total disability, or medical unfitness, regardless of the period of
contribution in the Fund. Total disability or medical unfitness must be
proven by a resolution of the Medical Committee.
b. Reaching the Age of Retirement when the period of contribution to the
Fund reaches at least (15) years.
c. Retirement in accordance with an Amiri Decree or an Executive Council
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Resolution, with the financial obligations related to retirement being borne
by the treasury of Abu Dhabi Emirate.
d. When the Active Member’s Term/Period of Contribution in the Fund is at
least (25) years, provided that member age is not less than (55) years.
e. Any other cases determined by the Executive Council based on the
proposal of the Board.
Second: Notwithstanding what is stated in Paragraph (d) of the First Clause
of this Article, both the minimum period and age of pension eligibility of
Female Active Members with children, shall be reduced as follows :
a. For both the fifth child and the sixth child: Two years for the period and
three years for the age per child.
b. For the seventh child: Three years and a half for the period and four years
for the age.
The Board shall issue the regulations governing the implementation of the
provisions of this paragraph.
Third: In the cases stipulated in Clauses (a, c) of the First Clause of this
Article, the Retirement Pension shall be calculated on the basis of the
contribution period of (15) years or the period of actual service, whichever is
longer, and shall be added to the Period of Service calculated in the pension
should the service end due to death or Total Disability three nominal years
or whatever completes the age of retirement, whichever is less.
Fourth:Active Members, who are entitled to a Retirement Pension under
Paragraph (d) of the First Clause of this Article, may request payment of
a benefit instead of a Retirement Pension for the purposes of combining
the period of pensionable service to their subsequent service period in the
following cases:
a. If Active Memberjoins an entity registered with another pensionfund.
b. Any other cases determined by the Board.
Fifth: The Retirement Pension shall be paid to Active Memberswhose service
has ended and had the minimum Period of Service eligible for a Retirement
Pension upon reaching the qualifying age.
Article 30 — • The Retirement Pension shall be calculated monthly at the rate of (3.2%) for ¶
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each year of contribution periods up to (25) years, and shall be increased
by (2%) for each year in excess of that, up to a maximum of (100%), from
the average pensionable salary for the last six years of the Period of
Service of the Active Member or the period of actual service if it is less
than that.
• If the period of actual and added service exceeds the period qualifying for
a Retirement Pension by (100%), the Active Member shall be granted a
benefit for the excess period at the rate of three months’ pensionable salary
for each year and it is calculated on the basis of the average pensionable
salary for the last six years of Period of Service, provided that the Employer
and the Active Member continue to pay the contributions related thereto,
and the Board may lay down the mechanism and conditions for disbursing
such benefit before the end of the Active Member’s service.
Article 31 — In calculating the Period of Service of Active Members, the part of the month ¶
shall be considered a full month.
Article 33 — The Retirement Pension must not be less than (10,200) AED per month, ¶
and the public treasury of the Emirate shall bear the resulting financial
differences towards the Fund, and the Executive Council may increase this
limit based on a proposal from the Board.
Article 35 — Beneficiaries listed hereunder, whether citizens ornon-citizens , who meet ¶
the entitlement conditions stipulated in this Law on the date of the death of
the Active Member or the pensioner , shall be entitled to receive shares in
the Active Member’s pension in accordance with Schedule No. (1) attached
to this Law, from the first of the month following the date of death:
a. Husbands or widows.
b. Children.
c. Parents.
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Article 36 — Conditions of Entitlement: ¶
1. In order for the son to be entitled, he must not have reached the age of
twenty-one years, with the following exceptions:
a. The person who is incapable of earning a living, a matter to be proven
by a resolution of the Medical Committee.
b. The student at any level above the secondary school, provided that he
does not exceed the age of twenty-four years.
2. In order for the daughter to be eligible, she must be unmarried and not
working.
3. In order for the husband to be eligible, he must not be working.
4. In order for the father to be eligible, he must not be working and must have
been dependent on his deceased son for his livelihood. Dependence on
livelihood shall be proven by a certificate from the Competent Authority
in the State.
5. For the mother to be eligible, she must be divorced or widowed, or her
husband has been dependent on her deceased son during the latter's life
and she is unemployed.
Article 39 — 1. The Beneficiary’s share shall be ceased in the following cases: ¶
a. Joining work at any Entity in the State, with the exception of a widow.
b. The marriage of a Female. Upon her first marriage, after entitlement to
the share, the daughter shall be given a grant that is equivalent to her
share in the Pension for six months.
2. The Beneficiary’s share shall cease in the following cases:
a. The death of the Beneficiary.
b. The son reaches the age of twenty-four, with the exception of:
• The person who is incapable of earning a living.
• A student at an educational level above secondary school, until he
reaches the age of twenty-four, provided that the share of those who
reach the aforesaid age remains during the school year until its end.
3. The daughter who joins work is excluded from Clause “1” of this Article.
Her share in the Retirement Pension shall continue to be disbursed for a
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period of five years from the date she joins work. The difference between
the share and the salary of the subsequent years shall be paid to her if the
salary is less than the share, unless the entitlement to the share ends for
any other reason mentioned in this Article. In all cases, the pension shall
be redistributed to the Beneficiaries.
4. Should the daughter or mother get divorced or widowed or leaves work
after the death of theActive Member , and should the son become unable
to earn a living as per a resolution by the Medical Committee, after the
death of the Active Member or the Pensioner and they do not have a
salary or any other pension, the pension shall be redistributed as they are
among those entitled to it from the beginning of the month following the
date of the incident of entitlement.
Article 42 — 1. It is not permitted to receive two or more pensions from the Fund, in which ¶
case whichever is higher shall be paid; the widow shall be exempt and has
the right to receive her Retirement Pension in addition to the Retirement
Pension due to her on behalf of her deceased husband.
2. It is not permitted to receive both a Retirement Pension and a salary from
any Entity subject to the provisions of this Law. In this case, the pension
disbursement shall be suspended and will be re-disbursed if the salary is
ceased.
3. Notwithstanding Clause (2) of this Article, it is permissible to receive the
Retirement Pension and Salary from any Entity subject to the provisions
of this Law in the following cases:
a. Reaching the Age of Retirement.
b. Entitlement to a Retirement Pension, and the period of the Active
Member’s contribution is not less than (30) years. The Board may lay
down any terms or conditions for the application of this clause.
c. Any other cases as determined by the Executive Council.
4. In the event that a Pensioner to whom Clause (3) of this Article applies
returns to work for an entity registered with the Fund, the pensioner will
not be considered as an Active Member and contributions will not be
paid on the Salary, unless the Active Member requests to cease paying
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the Pension and registers with the Fund, in which case the entity shall
have the obligation to register the Active Member and pay contributions
for the Active Member in accordance with the provisions stipulated in this
Law. The Board shall lay down the terms and conditions regulating this.
Article 43 — Subject to the provisions of Article (42) of this Law, if a Pensioner re-registers ¶
with the Fund, the Pensioner may request that the Pensioner’s previous
Period of Service for which the pensioner was entitled to a Retirement
Pension be added to the Pensioner’s new service, and all rights shall be
settled at the expiration thereof on the basis of both periods added together,
provided that the Board lays down the terms and conditions for adding these
periods and the method of calculating the cost of adding previous service
and payment method
Article 45 — If the Active Member’s service ends and the Active Member is not entitled ¶
to a Retirement Pension, the Active Member may request the payment of a
retirement benefit for the Period of Service, provided that it is not less than
one year. This benefit is calculated on the basis of the average pensionable
salary of the last six years or the period of actual service if it is less than that,
and it is calculated at the rate of one and a half months for each year of his
first five years of service, then at the rate of two months for each year of his
next five years of service, then at the rate of three months for each year in
excess of that.
Article 46 — In the event of the death of the Active Member, the benefit due to the ¶
Active Member for the for Period of Service of shall be paid to the heirs and
distributed in accordance with the legislation applicable in the State.
Article 47 — 1. The Chairman of the Executive Council, deputy to the chairman, members ¶
of the Executive Council, chairpersons of government departments and
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the like shall be entitled to a monthly Pension at the end of service in
accordance with the following provisions:
a. If the period of service in the position is five full years or more, the
Active Member shall be entitled to a Retirement Pension equivalent to
(100%) of the Salary.
b. If the period of service in the position is one year or a part of a year,
the Retirement Pension shall be calculated at a rate of (50%) of the
pensionable alary and is increased by (10%) for each of the subsequent
three years and by (20%) for the fifth year.
c. In the event of Total Disability, Medical Unfitness, or death during the
Period of Service of the Active Member in office, the Retirement Pension
shall be calculated on the assumption that the Period of Service gives
the Active Mmeber the right to a Retirement Pension that is equivalent
to the pensionable salary.
2. If the total periods of actual service in office and the periods of combined
service exceed (35) years, the Active Member shall be granted a benefit
for the excess period at the rate of three months’ Salary for each year
in the category of the last pensionable salary which the Active Member
received.
3. The treasury of the Emirate shall bear the financial obligations resulting
from the implementation of this Article.
Article 67 — If the Employer fails to submit the data required by Article (66) according to ¶
the conditions and date specified , the contributions due shall be calculated
on the basis of the last statement submitted thereby to the Fund until the
contributions actually due are calculated.
In the event that no data is submitted at all or there are no records and
documents that the Employer shall keep in accordance with the provisions
of the Laws applicable in the State, the calculation of the contributions due
shall be made as per a resolution by the Fund.
The Employer shall have the right to appeal the resolution mentioned in the
previous paragraph before the competent courts in the Emirate after filing
a grievance against it before the Committee stipulated in Article (79) of this
Law and in accordance with the deadlines stipulated therein.
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Article 72 — 1. Employers must register their employees who are subject to the provisions ¶
of this Law with the Fund within one month from the date of joining their
service. employees are required to notify the Fund in the event that the
Employer abstains or neglects to register them with the Fund.
2. Employers must provide the Fund with the end-of-service form for their
employees who are subject to the provisions of this Law within one month
from the date of end-of-service.
3. The Board may lay down the necessary terms and conditions in order to
ensure the Employer’s compliance with what is stated in this Article and
may amend the terms stated therein and make exceptions from them.
Article 73 — The Government entities responsible for issuing licences or granting ¶
certificates pertaining to Employers shall condition the granting or renewal
of such licences or certificates on the applicant's submittal of a certificate
stating that the applicant has fulfilled all obligations towards the Fund.
Article 74 — Employers must keep records and documents related to the implementation ¶
of the provisions of this Law, including the medical report issued by the
Competent Authority approved thereby, which proves the medical fitness of
the Active Members to work upon appointment, and must provide the Fund
with any data and documents required per the procedures and conditions
set by the Fund.
Article 86 — 1. The age of the Active Member must not be less than the age specified in ¶
the applicable laws to which the Entity is subject and must not be more
than the age of retirement when registering with the fund.
2. The official document set to prove the age as issued by the Competent
Authority in the State, shall be adopted in implementing the provisions of
this Law.
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Article 3
The following Schedule shall replace Schedule No. 1 appended to the
aforesaid Law No. 2 of 2000:
Schedule No. (1):
Number
Beneficiaries of the Pension
Entitled Shares in the Pension
Widow(s)
or
An entitled
husband
children parents
1 A widow or widows, or an entitled
husband, /one child or more, /a
father or mother or both.
40% 40% 20%
2 A widow or widows, or an entitled
husband, /one child.
45% 45% -
3 A widow or widows, or an entitled
husband, /a father or mother or
both.
50% 30%
4 A widow or widows, or an entitled
husband
70% - -
5 A widow or widows, or an entitled
husband, /one child.
- 50% 30%
6 A widow or widows, or an entitled
husband, /a father or mother or
both.
- 70% -
7 A widow or widows, or an entitled
husband
- - 60%
1. Schedule No. (1) Continued. If more than one Beneficiary are entitled to
the share of the Pension, the share shall be distributed equally among
them.
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2. If the reason for suspending all or a part of the share no longer exists, the
shares shall return to what they were beforesuspension .
3. Any remaining share that is not distributed to any individual shall be
allocated to the Fund.
Article 4
Transitional Provisions
First: For the purposes of applying the provisions of this Article, the phrase
“previous provisions” shall mean any provision that is effective before the
application of the provisions of this Law, and the phrase “In-service Active
Members ” means all Active Members who are subject to the provisions of
Unofficial text extracted from public documents; formatting and completeness are not guaranteed. Verify against the official source. In case of conflict, the Arabic text prevails. Not legal advice. Official source ↗