Contributory Pensions Amendment Act 2008
CONTRIBUTORY PENSIONS AMENDMENT ACT 2008
BERMUDA
2008 : 35
CONTRIBUTORY PENSIONS AMENDMENT ACT 2008
Date of Assent: 30 July 2008
Operative Date: Notice in Gazette
WHEREAS it is expedient to amend the Contributory Pensions
Act 1970;
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1 This Act, which amends the Contributory Pensions Act 1970 (the
“principal Act”), may be cited as the Contributory Pensions Amendment
Act 2008.
Amends section 1
2 Section 1 of the principal Act is amended—
(a) by adding the following definition in its appropriate
alphabetical order—
“ “estate representative” means the executor, original or
by representation, or administrator for the time
being of the deceased person;”;
(b) by repealing the definition of “ “insurance card” and
“insurance stamp” ”; and
(c) by repealing the definition of “school leaving age” and
substituting the following—
“school leaving age” means—
1
CONTRIBUTORY PENSIONS AMENDMENT ACT 2008
2
(a) 18; or
(b) if a person is still a full time student at an
educational institution after 18 the earlier
of—
(i) the person’s age at the termination
or completion of their studies; or
(ii) 26.”; and
(d) by repealing subsection (3) and replacing it with the
following—
“(3) Notwithstanding the definition of “employed
person”, where a person is a full-time student and
employed on a Saturday or a public holiday or a period
of vacation, including a half-term holiday then, for the
purposes of such employment and this Act that person
is deemed not to be an employed person and accordingly
the Minister shall, for the duration of such employment,
exempt that person and that employer from the
provisions of this Act relating to contributions.”.
Amends section 4
3 Section 4 of the principal Act is amended by adding next after
subsection (6) the following—
“(7) Every employer liable to pay any contribution on
behalf of an employed person under subsection (2) shall for every
contribution week for which he is liable to pay a contribution in
respect of an employed person, pay the contribution not later
than the last working day of the following month.”.
Repeals and replaces section 8
4 Section 8 of the principal Act is repealed and replaced with the
following—
“Social insurance number and account schedules
8 (1) A social insurance number shall—
(a) be provided by the Government without charge for
each insured person, unless with the approval of
the Director other arrangements have been made;
and
(b) be valid for the life of the insured person.
(2) The Director shall prepare monthly account schedules
in such a manner as the Minister of Finance may direct.
CONTRIBUTORY PENSIONS AMENDMENT ACT 2008
3
(3) Every person entering insurable employment shall
register with the Director and shall produce such documents
and furnish such information as the Director may require for the
purpose of issuing a social insurance number.
(4) Every person shall—
(a) if they are an employed person, provide a social
insurance number to the employer who is liable to
pay the weekly contribution in respect of them for
the relevant contribution week;
(b) if they are a self-employed person, register with
the Director within 7 days of becoming a self-
employed person on such forms as the Director
may prescribe;
(c) if they are at any time not employed, report and
provide such information to the Director on any
such form as the Director may prescribe; and
(d) for every contribution week for which they are
liable to pay a contribution as a self-employed
person, pay the contribution not later than the
last working day of the following month.
(5) Every employer liable to pay any contribution in
respect of an employed person shall—
(a) immediately after the employment begins or
becomes insurable, obtain a Social Insurance
Number from the employed person or from the
Director;
(b) if the insured person requests confirmation of
paid contributions, provide a written record of
contributions paid on behalf of the employee;
(c) when the employment comes to an end, report
and provide such information to the Director on
such form as the Director may prescribe; and
(d) for every contribution week for which he is liable
to pay a contribution in respect of an employed
person, pay the contribution not later than the
last working day of the following month.
(6) Notwithstanding subsections (4) and (5), the Director
may make special arrangements with any employer for the
purpose of those subsections and any such arrangement shall
have effect accordingly as if set out in this Act.”.
CONTRIBUTORY PENSIONS AMENDMENT ACT 2008
4
Amends section 12
5 Section 12(2)(a) of the principal Act is amended by deleting the
words “insurance card” and substituting the words “contribution record”.
Amends section 16
6 Section 16 of the principal Act is amended—
(a) by repealing subsection (1) and replacing it with the
following—
“(1) A widow shall be entitled to a widow’s allowance
if at the date of her husband’s death he satisfied the
relevant contributions conditions.”; and
(b) by repealing subsection (4) and replacing it with the
following—
“(4) Where a widow would otherwise cease to be
entitled to a widow’s allowance at a time when she has
care of a child who is under school leaving age, the
period shall be extended until that child or the younger
or youngest of such children reaches school leaving
age.”.
Amends section 17
7 Section 17 of the principal Act is amended—
(a) by deleting the section heading and substituting the
section heading “Other Gratuities”;
(b) by renumbering section 17 as section 15A;
(c) by inserting after subsection (1) the following
subsections—
“(1a) Where a person dies before becoming entitled to
a pension under this Act and leaves no widow but leaves
a child or children under the age of 18 an amount equal
to the total value of all contributions paid by or in
respect of that person shall be paid to the child or paid
equally between the children.
(1b) Where a person dies before becoming entitled to
a pension under this Act and leaves no widow or no
child under the age of 18 an amount equal to the total of
all contributions paid by or in respect of that person
shall be paid to the contributor’s estate representative.”;
and
(d) by adding next after subsection (2) the following
subsections—
CONTRIBUTORY PENSIONS AMENDMENT ACT 2008
5
“(3) Notwithstanding subsection (1a), where a person
dies under the circumstances under which a gratuity
under this Act is payable to their estate representative, if
there is no such estate representative, the gratuity shall
remain in the Fund.
(4) The whole or part of a gratuity paid to a child
under subsection (1a) may be paid to the legal guardian
of that child or such person as the Director considers fit
and proper to apply the gratuity for the benefit of the
child.”.
Amends section 17A
8 Section 17A of the principal Act is amended—
(a) in subsection (1A)—
(i) by deleting paragraphs (a) and (b); and
(ii) by renumbering paragraphs (c), (d) and (e) as
paragraphs (a), (b) and (c) respectively; and
(b) by deleting subsection (1B).
Amends section 20
9 Section 20 of the principal Act is amended by repealing
subsection (2) and replacing it with the following—
“(2) Every claim shall be made to the Director within 13
weeks after the day on which the benefit is claimed, but the
Director may extend the 13 week period if the claimant
demonstrates to the Director’s satisfaction that there was good
cause for the delay.”.
Amends section 30
10 Section 30 of the principal Act is amended—
(a) by repealing subsection (1) and replacing it with the
following—
“(1) Any person commits an offence who, for the
purpose of obtaining any benefit or other payment under
this Act, whether for himself or some other person, or for
any purpose connected with this Act—
(a) knowingly makes any false statement or false
representation; or
(b) produces or furnishes, or causes or knowingly
allows to be produced or furnished, any
document or information which he knows to
be false in a material particular:
CONTRIBUTORY PENSIONS AMENDMENT ACT 2008
6
Punishment on summary conviction:
imprisonment for 6 months or a fine not
exceeding $10,000 or both such imprisonment
and fine.”.
(b) in subsection (2) —
(i) by deleting the words “any contribution” where
they appear and substituting the words “every
contribution”; and
(ii) by deleting the words “of $250” and substituting
the words “not exceeding $1,000”;
(c) in subsection (3) by deleting the words “of $250” and
substituting the words “not exceeding $10,000”;
(d) in subsection (4) by deleting the reference “$250” and
substituting the words “$1,000 per offence”;
(e) in subsection (5) by deleting the reference “$250” and
substituting the words “not less than $2,500”;
(f) in subsection (6) by deleting the words “of $250” and
substituting the words “not exceeding $10,000”; and
(g) by repealing subsection (7) and replacing it with the
following—
“(7) Where an employer deducts an employee’s
contribution payable under this Act from the employee’s
salary, wages or other remuneration and fails or neglects
to pay such deducted funds to the Department of Social
Insurance, he commits an offence:
Punishment on summary conviction: a fine of $1,000 for
each offence.”.
Consequential Amendment
11 The Contributory Pensions (Defacement of Insurance Cards)
Regulations 1969 are repealed.
Commencement
12 The provisions of this Act shall come into operation on such day
or days as are appointed by the Minister by notice in the Gazette.
