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Section 33: Duties of Ministry

National Pensions Act

This section is inserted by Act No 4 of 2017, section 20.

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

33. Duties of Ministry The Ministry shall – (a) pay to every person who is entitled to a benefit, the appropriate benefit determined in accordance with this Act; and (b) forward, at such intervals as may be prescribed, to every insured person a statement setting out the contributions the insured person has paid and the pension points which have accrued to him by Acts 2017 41 virtue of the contributions so paid and calculated in accordance with paragraphs 1 and 2 of the Third Schedule. (j) in section 34A, by adding the following new subsections – (3) Where the Director-General has reason to believe that an employer has not declared the amount of contribution payable under this Act, he may, by notice, claim from the employer the amount due together with any surcharge applicable. (4) Where an employer has declared an amount of contribution payable under this Act, but failed to pay such amount in whole or in part, the Director-General shall claim from the employer the amount due together with any surcharge applicable. (5) Where an employer fails to pay the contribution or surcharge payable under this section by the due date, the Director-General shall enforce payment of, and recover, any sum due in accordance with section 17D. (k) in section 45(2)(c), by deleting the word “Minister” and replacing it by the word “Director-General”; (l) in section 45A – (i) in subsection (1), by deleting the word “Minister” and replacing it by the word “Director-General”; (ii) in subsection (5), by deleting the word “Minister” wherever it appears and replacing it by the word “Director-General”; (m) in section 45B – (i) in the heading, by deleting the words “contributions, surcharge or”; 42 Acts 2017 (ii) in subsections (1) and (2), by deleting the words “contributions, surcharge or”; (n) in sections 45F and 45G, by inserting, after the words “Permanent Secretary”, the words “or the Director-General, as the case may be,”; (o) in section 45H(3), by inserting, after the word “Officer”, the words “or an officer”; (p) in section 45I(1), by deleting the words “Permanent Secretary” wherever they appear and replacing them by the word “Director-General”; (q) in section 45J, by inserting, after the words “Permanent Secretary” wherever they appear and replacing them by the words “or Director-General, as the case may be,”; (r) in section 45K(1), by inserting, after the word “Minister”, the words “and Director-General”; (s) in section 48, by adding the following new subsections – (6) Any contribution, including surcharge, which has not been paid to the Minister in respect of any month shall, on the commencement of this section, be due to the Director-General. (7) The Permanent Secretary shall, on the commencement of this section, submit to the Director-General, a list of employers who were required to pay any contribution, levy or surcharge under this Act, the National Savings Fund Act or the Human Resource Development Act, but failed to pay such contribution, levy or surcharge, in whole or in part, at the commencement of this section, giving – (a) the full name of the employer; (b) the Business Registration Number (BRN) of the employer; Acts 2017 43 (c) in case the employer is an individual, where the BRN is not available, the NIC number of the employer; and (d) the amount of contributions, levy and surcharge outstanding, stating, for each outstanding amount, the period to which it relates and the date it was payable.

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