Act No. 105/An/20/8Th On Voluntary Insurance.

Original Language Title: Loi N° 105/AN/20/8ème L relative à l'assurance volontaire.

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Act No. 105/AN/20/8th L on voluntary insurance.


VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Law No. 133/ AN/05/5th L of 28 January 2006 bearing Labour Code;
VU Law No.109/AN/10/6th A partial amendment to the provisions of sections 41, 214 and 215 of Act No.133/AN/05/5th L of January 28, 2006;
VU Act No. 25/AN/18/8th L of 27 February 2019 reorganizing the Ministry of Labour responsible for the Reform of Administration;
VU Law No. 212/AN/07/5th The establishment of the National Social Security Fund (NCS) of 19 January 2008;
VU Law no.154/AN/02/4th The codification of the operation of PAHO and of the general pension plan for employees of 31 January 2002;
VU Act No. 155/AN/02/4th L of 31 January 2002 revising the modalities of contributions to the acquisition of pension rights, the liquidation of pensions and pensions of widows and orphans of contributors to the National Fund of Retirees;
VU Law No.65/AN/14/7th L of 20 July 2014 extending social coverage to the professional category of dockers;
VU Order No.2019-095/PRE of 05 May 2019 appointing the Prime Minister;
VU Order No.2019-096/PRE of 05 May 2019 appointing members of the Government;
VU Decree No.2019-116/PRE of 26 May 2019 establishing the powers of the Ministries;
VU Circular No. 51/PAN of 01/02/2021 calling the National Assembly in Special Session;
The Council of Ministers heard at its meeting on 27 October 2020.

Article 1: The provisions of Part 3 of Act No. 154/AN/02/4eme L of 31 January 2002 on the codification of the operation of PAHO and of the general pension scheme of employed workers are repealed and replaced by the following provisions.

Article 2: It is reserved for the insured person to voluntarily ensure in respect of one of the pension plans managed by the NSSC, where the latter has been affiliated for at least one year and ceases to meet the conditions of subjugation to the said plan. The worker must justify within 12 months of the termination of the activity, a minimum of 1080 hours or 144 working days.

Article 3: The employee who is no longer a member of the compulsory plan is concerned by this provision:
- either because it ceases to exercise in the territory an employee work activity;
- either because he leaves the territory, especially to reside abroad.

Article 4: The application for admission to voluntary insurance based on a printed model set by the CNSS may be submitted at any time after the date on which the mandatory affiliation of the insured person ended.

Article 5: The application referred to in the previous article must be sent to the CNSS, along with the registration card of the insured and the payroll for the last 12 months of activity. An acknowledgement of receipt to this request and its attachments are given by the CNSS.

Article 6: Affiliation takes effect on the first day of the calendar month following the filing of the application. CNSS shall notify the former affiliate of its admission to voluntary insurance by stating:
- The effective date of this admission;
- Voluntary insurance contribution;
- The contribution rate applicable to the various pension branches.

Admission to voluntary insurance does not include an amendment to the number of the insured's registration number. A new card is issued with reference to affiliation to the voluntary insurance plan.

Article 7: The insured person may request the cancellation of his or her insurance by registered letter addressed to the CNSS or by filing his or her application at the CNSS counter-claims.

Article 8: The delisting shall take effect from the first day of the month following the receipt of the application for termination of the membership and shall include, where appropriate, the partial reimbursement of contributions paid as a result of the application.

Article 9: The NCSS is delisting the insured, if it no longer meets the conditions required to raise insurance, particularly in the event of a return of employee activity on the territory.
This delisting takes effect from the first day of the quarter following the one in which the required conditions are no longer met.

Article 10: The revenues and expenses of this voluntary insurance plan are followed in a sub-management of the Old Age plan.

Article 11: The rate of contribution, at the expense of the voluntary insured, is equal to the total of the employer and salary rates for the pension plan to which it was previously subject (general or special plan).

Article 12: The monthly voluntary insurance contribution is equal to the average salary of the last six months of activity.

Article 13: The contribution is payable quarterly in advance to the NSSC, within the first 30 days of the calendar quarter. It may also be settled in advance for the entire calendar year at the request of the insured.

Article 14: The contribution regulations give rise to the issuance of a certificate of payment to the voluntary insured and to the deferral of the individual account.

Article 15: The insured person who refrains from paying the prescribed maturity fee is still required to have to regularize his or her situation within one month. Otherwise, the CNSS management may de-list the insured of the voluntary insurance plan.

Article 16: Voluntary insurance contributions are payable only for a pension when the insured meets the double age requirement and the minimum number of annuities paid. In the absence of a refund of the pay share of the contributions when the insured does not total the number of annuities required for a pension and makes the application.

Article 17: In the event of the death of the voluntary insured, his or her rights holders will receive a reversion pension if the conditions are met or failing a single allowance including the pay share of the voluntary insurance contributions.

Article 18: Retirement pensions are liquidated to voluntary insured persons such as the last plan pension to which they were subject and calculated on the basis of salary or salary that was used for the establishment and payment of contributions.

Article 19: This Act comes into force from the date of its promulgation and will be published in the Official Gazette of the Republic of Djibouti.

Done in Djibouti on 18/02/2021

President of the Republic,
Head of Government