THE COMPETITIVENESS OF SOCIAL SECURITY SCHEMES IN TANZANIA MAINLAND KITANDU PAULO UGULA A DISSERTATION SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR DEGREE OF MASTER OF HUMAN RESOURCES MANAGEMENT OF THE OPEN UNIVERSITY OF TANZANIA 2013 ii CERTIFICATION The undersigned certify that has read and hereby recommends and approve for acceptance by the Open University of Tanzania a dissertation paper titled: The Competitiveness of Social Security Schemes in Tanzania Mainland, in partial fulfillment for the Master of Human Resources Management degree of the Open University of Tanzania. ……………………………………………… Dr. Jacqueline L. Bundala (Supervisor) ………………………………………. Date iii COPYRIGHT No part of this dissertation work may be reproduced, stored in any retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without prior written permission of the author or Open University of Tanzania in that behalf. iv DECLARATION I, Kitandu Paulo Ugula, do declare that this dissertation has been written by me. Unless otherwise mentioned, I personally collected and analysed all used research materials. I also declare that this dissertation, which has been supervised by Dr J. L. Bundala, has never been presented for any academic or non-academic award anywhere before this submission. ……………………….…………. Signature ………………………………. Date v DEDICATION This dissertation work is dedicated to my family. vi ACKNOWLEDGEMENTS The writing of this dissertation, and indeed successful attendance to this masters degree programme, has been made possible through generous support, materially or otherwise, from a number of individuals. I take this opportunity to acknowledge such assistance and inspiration. Special thanks go to my supervisor, Dr. Jacqueline L. Bundala, for her professional guidance, encouragement and understanding throughout the entire process of producing this dissertation. I wish to recognise the contributions from other members of staff at the Faculty of business Management of the Open University of Tanzania, during the whole this master’s programme, and especially Mr Kalanje and Dr Chacha Matoka, who ensured that most of the guidance I requested from them was given to me. I also appreciate for the fruitful discussions I shared with Dr Richard K. A. Towett on issues relating to research writing. The discussions equipped me very well on research methodology issues. I would like to thank various people who have helped me in gathering relevant data and information to enable me write this dissertation. These people include my fellow employees at the Fair Competition Commission, as they belong to different social security schemes and has given me very useful information. I thank the staffs of the social security schemes I visited and all members of those schemes I was lack to have chances of talking with them. Lastly, I express my heartfelt thanks to my beloved mother Elida Materu Ugula, my wife Elizabeth Godfrey Ugula, my children and all family members for their vii throughout encouragement of my academic career. Of the most important I thank the Almighty God for keeping me in good health and thus I was capable to write this dissertation work. viii ABSTRACT For the purpose of enhancing the government’s core objective of social protection, Tanzania prepared a Social Security Policy in the year 2003. Adhering to the Policy in the year 2008, the Government of Tanzania enacted the Social Security (Regulatory Authority) Act. Among others the Act provides that every employer in the formal sector shall be required to register his employees with any of the mandatory schemes, provided that it shall be the right of the employee to choose a mandatory scheme under which the employee shall be registered. This provision provides some flexibility to employees to choose the scheme suiting them thus creating a ground of competition among the schemes. This study has established that beside the availability of the Social Security Policy, the establishment of the Social Security Regulatory Authority and the existence of the social security laws, the Tanzanian social security schemes are competitive to each other though there are factors which are attached to each social security scheme to be distinguished to the other. The study has established that factors like the legal framework governing the social security schemes, their operations, the ways these social security schemes promote and protect the interests of their members and their sensitisation activities play major roles in their competitiveness. ix TABLE OF CONTENT CERTIFICATION .....................................................................................................ii COPYRIGHT ............................................................................................................iii DECLARATION....................................................................................................... iv DEDICATION............................................................................................................ v ACKNOWLEDGEMENTS ..................................................................................... vi ABSTRACT .............................................................................................................viii LIST OF TABLES………………...……………………………………………….xv LIST OF ABREVIATIONS ..................................................................................xvii CHAPTER ONE ........................................................................................................ 1 1.0 INTRODUCTION................................................................................................ 1 1.1 Background ............................................................................................................ 1 1.1.1 Social Security Progress at International Context ......................................... 3 1.1.1.2 United States of America ............................................................................... 6 1.1.1.3 Kenya ........................................................................................................... 10 1.1.1.3.1 Kenyan Retirement Benefits Legislation .................................................... 10 1.1.1.3.2 The National Hospital Insurance Fund Act................................................. 11 1.1.1.3.3 The National Social Security Fund Act ...................................................... 12 1.1.1.3.4 The Pensions Act ........................................................................................ 13 1.1.2 Tanzanian Context on Social Security Progress ............................................... 14 1.1.2.1 The Recognition of Social Security ............................................................... 14 1.1.2.2 The Social Regulatory Authority ................................................................... 18 1.1.1.3 The Tanzanian Social Security Schemes ....................................................... 19 x 1.2 Statement of the Research Problem ............................................................... 22 1.3 Research Objectives ....................................................................................... 23 1.3.1 Main objective of the Study ........................................................................... 23 1.3.2 Specific Objectives ........................................................................................ 23 1.4 Research Questions ........................................................................................ 24 1.5 The Significance of the Study ........................................................................ 24 CHAPTER TWO ..................................................................................................... 26 2.0 LITERATURE REVIEW ................................................................................. 26 CHAPTER THREE ................................................................................................. 32 3.0 MATERIALS AND METHODS ...................................................................... 32 3.1 Research Design ............................................................................................... 32 3.2 Area of the Study ............................................................................................. 32 3.3 Sample Size of the Study ................................................................................. 32 3.4 Tools and Techniques of Data Collection ........................................................ 33 3.5 Data Analysis and Interpretation...................................................................... 33 3.6 Data Reliability and Data Validity ....................................................................... 34 CHAPTER FOUR .................................................................................................... 36 4.0 FINDINGS AND DISCUSSIONS ..................................................................... 36 4.1 What is the Best Legal Framework Established for Governing Social Security Schemes in Tanzania? ...................................................................................... 36 4.1.1 Constitutionality of the Schemes ..................................................................... 36 4.1.2 The Provisions of Law with Regard to Benefits Obtainable in the Schemes ........................................................................................................... 43 4.1.3 Available Mechanisms and Remedies for Redressing Members ..................... 45 xi 4.2 How do the Six Social Security Schemes Operate in Tanzania Mainland ...... 48 4.2.1 Customer Care ................................................................................................. 49 4.2.2 Decentralisation ............................................................................................... 50 4.2.3 Processes and Procedures of Effecting Members’ Benefits............................. 52 4.2.4 The use of New Information and Communication Technology ...................... 54 4.3 How do these schemes promote and protect the interests of their members ... 55 4.4 What are Social Security Schemes Doing to Sensitise People on the Functions of Social Security in Tanzania ....................................................................... 60 4.5 Discussions of Findings Related to Each Scheme’ Competitiveness .............. 62 4.5.1 The Social Security Schemes Current Profiles in a Nutshell ........................... 62 4.5.2 Public Service Pension Fund ........................................................................... 64 4.5.2.1 The Legal Framework Governing the Scheme .............................................. 64 4.5.2.2 Operations ...................................................................................................... 66 4.5.2.3 Promotion and Protection of Members Interests ........................................... 71 4.5.2.4 Sensitisation Activities................................................................................... 72 4.5.3 Parastatal Pension Fund .................................................................................. 73 4.5.3.1 The legal framework Governing the Scheme ................................................ 73 4.5.3.3 Promotion and Protection of Members Interests ........................................... 79 4.5.3.4 Sensitisation Activities................................................................................... 81 4.5.4 National Social Security Fund ......................................................................... 82 4.5.4.1 The legal framework Governing the Scheme ................................................ 82 4.5.4.2 Operations ...................................................................................................... 85 4.5.4.3 Promotion and Protection of Members Interests ........................................... 89 4.5.4.4 Sensitisation Activities................................................................................... 91 xii 4.5.5 Government Employees Pension Fund ............................................................ 92 4.5.5.1 The legal Framework Governing the Scheme.............................................. 92 4.5.5.2 Operations .................................................................................................... 95 4.5.5.4 Sensitisation Activities............................................................................... 100 4.5.6 Local Authorities Pensions Fund ............................................................... 101 4.5.6.1 The Legal Framework Governing the Scheme .......................................... 101 4.5.6.2 Operations .................................................................................................. 103 4.5.6.3 Promotion and Protection of Members Interests ....................................... 106 4.5.6.4 Sensitisation Activities............................................................................... 108 4.5.7 National Health Insurance Fund ................................................................ 108 4.5.7.1 The Legal Framework Governing the Scheme .......................................... 108 4.5.7.2 Operations .................................................................................................. 111 4.5.7.3 Promotion and Protection of Members Interest ......................................... 115 4.5.7.4 Sensitisation Activities............................................................................... 117 4.6 Discussion of Findings .............................................................................. 117 4.6.1 The Best Legal Framework for Governing Social Security Schemes in Tanzania ................................................................................................... 117 4.6.2 The operation of the six schemes in Tanzania Mainland ........................... 118 4.6.3 Schemes’ Promotion and Protection of Members’ Interests ...................... 120 4.6.4 Sensitisation Activities by Social Security Schemes ................................. 121 CHAPTER FIVE ................................................................................................... 122 5.0 CONCLUSION AND RECOMMENDATIONS ........................................... 122 5.1 Summary of Findings ..................................................................................... 122 xiii 5.1.1 What is the Best Legal Framework Established For Governing Social Security Schemes in Tanzania ...................................................................................... 122 5.1.2 How do the Six Social Security Schemes Operate in Tanzania Mainland? .. 123 5.1.3 How do These Schemes Promote and Protect the Interests of their Members ........................................................................................................ 124 5.1.4 What are Social Security Schemes Doing to Sensitise their Beneficiaries on the Functions of Social Security in Tanzania ................................................ 124 5.2 Implications of the Results............................................................................. 125 5.3 Conclusion ..................................................................................................... 125 5.4 Recommendations .......................................................................................... 127 5.5 Limitation of the Study .................................................................................. 128 5.6 Areas for Further Research ............................................................................ 129 REFERENCES ....................................................................................................... 130 APPENDICES ........................................................................................................ 132 xiv LIST OF TABLES Table 3.1: Respondents Consulted by the Researcher ............................................... 33 Table 4.3: Opinion of Employers with Regard to Constitutionality of Schemes ...... 42 Table 4.4: Summary of Benefits Provided by Schemes............................................. 43 Table 4.5: Respondents Understanding of the Benefits Available in their Schemes 45 Table 4.6: Available Mechanisms and Remedies for Redressing Members.............. 46 Table 4.7: Members Understanding on Appeal Mechanisms in their Schemes ........ 47 Table 4.8: Opinion of Beneficiaries with Regard to Schemes Customer Care .......... 50 Table 4.9: Opinions with Regard to Having Decentralised Offices .......................... 51 Table 4.10: Respondents Comments on Effectiveness of Social Security Schemes’ Procedures and Processes ...................................................................... 52 Table 4.11: The Distribution of Beneficiaries Choice Regarding the Benefits ........ 56 Table 4.12: Preferences of a Social Security by Employees Members of the Schemes ................................................................................................. 57 Table 4.13: Pensions Amount from the Existing Social Security Schemes (Retiring at the Salary of TZS 900,000/- Same Service Period) ............................... 58 Table 4.14: Awareness Regarding Social Security Schemes Investments by ........... 59 Table 4.15: Scheme Members’ Awareness on Sensitation Activities ....................... 61 Table 4.16: Profile of Social Security Institutions in Tanzania Mainland ................. 63 Table 4.17: PSPF Employees and Employers Opinion with Regard to the Scheme’s Constitutionality ..................................................................................... 65 Table 4.18: Opinion of PSPF Beneficiaries Regarding Customer Care .................... 66 Table 4.20: PSPF Members’ Comments on Effectiveness of Procedures and Processes ................................................................................................ 69 xv Table 4.21: Awareness of PSPF Beneficiaries on their Fund’s Investments ............. 72 Table 4.22: Members and Employers Opinion with Regard to PPF Constitutionality ..................................................................................... 75 Table 4.27: Members and Employers Opinion with Regard to NSSF Constitutionality ..................................................................................... 84 Table 4.23: Opinion of PPF Beneficiaries with Regard to Customer Care ............... 76 Table 4.24: Opinions with Regard to PPF having Decentralised Offices .................. 77 Table 4.25: PPF Members’ Comments on Effectiveness of Social Security schemes’ Procedures and Processes ...................................................................... 78 Table 4.26: Awareness with Regard to PPF’s Investments by Beneficiaries .......... 80 Table 4.28: Opinion of NSSF Beneficiaries with Regard to Customer Care ............ 86 Table 4.29: NSSF members’ Comments on Effectiveness of Social Security Schemes’ Procedures and Processes ...................................................... 88 Table 4.30: Awareness Regarding to NSSF’s Investments by Beneficiaries ............ 90 Table 4.31: Members and Employers Opinion with Regard to GEPF Constitutionality ..................................................................................... 94 Table 4.32: Opinion of GEPF Beneficiaries with Regard to Customer Care ............ 95 Table 4.33: Opinions with Regard to GEPF having Decentralised Offices............... 96 Table 4.34: GEPF Members’ Comments on Effectiveness of Social security Schemes’ Procedures and Processes ...................................................... 98 Table 4.35: Awareness Regarding GEPF’s Investments by Beneficiaries ................ 99 Table 4.36: Members and Employers Opinion with Regard to LAPF Constitutionality ................................................................................... 102 Table 4.37: Opinion of LAPF Beneficiaries with Regard to Customer Care .......... 104 xvi Table 4.38: Opinions with Regard to LAPF Having Decentralised Offices ............ 104 Table 4.39: LAPF Members’ Comments on Effectiveness of Scheme’s Procedures and Processes ....................................................................................... 105 Table 4.40: Awareness Regarding LAPF’s Investments by Beneficiaries .............. 107 Table 4.41: Members and Employers Opinion with Regard to NHIF Constitutionality ................................................................................... 110 Table 4.42: Opinion of NHIF Beneficiaries with Regard to Customer Care ........... 112 Table 4.43: Opinions with Regard to NHIF having Decentralised Offices ............. 113 Table 4.44: NHIF Members’ Comments on Effectiveness of Scheme’s Procedures and Processes ....................................................................................... 114 Table 4.45: Awareness with Regard to NHIF’s Investments by Beneficiaries ....... 116 xvii LIST OF ABREVIATIONS AIME Average Indexed Monthly Earnings Cap. Chapter CSRS Civil Service Retirement System DB Defined Benefit to DC Defined Contribution DI Disability Insurance DWP Department of Work and Pensions ESOP Employee Stock Ownership Plan FERS Federal Employees Retirement System FRA Full Retirement Age GEPF Government Employees Provident Fund HI Hospital Insurance HMRC Her Majesty Revenue and Customs Office ICT Information and Communication Technology ILO International Labour Organisation IRA Individual Retirement Accounts KNHIF Kenya National Health Insurance Fund KNSSF Kenya National Social Security Fund LAN Local Network Area LAPF Local Authorities Provident Fund MMA Medicare Prescription Drug, Improvement, and Modernization Act xviii NGO Non Governmental Organisations NHIF National Health Insurance Fund NHS National Health Services NIS National Insurance Scheme NSSF National Social Security Fund OAS Old-Age and Survivor’s Insurance OASDI Old Age, Survivor’s and Disability Insurance PAIG Pay-As-You-Go PIA Primary Insurance Amount PPF Parastal Pension Fund PSPF Public Service Pensions Fund PSPS Public Service Pension Scheme SSRA Social Security Regulatory Authority SSRAA Social Security Regulatory Authority Act SSI Supplemental Security Income UNSSF Uganda National Social Security Fund USA United States of America US$ United States Dollar URTC United Republic of Tanzania Constitution 1 CHAPTER ONE 1.0 INTRODUCTION 1.1 Background Historically, there were several precursors to social security program in Europe and elsewhere. Pensions for older people were promoted by Thomas Paine, the heralded political pamphleteer of the American Revolution, more than 200 years ago (Paine, 1795). In his 1795 Treatise on Agrarian Justice, Paine advocated for a 10 percent inheritance tax on all bequeathed property that would be used to provide every person of age of 50 years and older with a retirement income of 10 pounds, annually (Paine, 1795). This proposal went nowhere. But, nearly a century later, in 1889, Germany’s Chancellor, Otto von Bismarck implemented a system making his country the first in the world to adopt a national old-age insurance program, offering government-sponsored annual retirement income at the age of 70 years (The policy was based on Bismarck’s principle that: “Those who are disabled from work by age and invalidity have a well-grounded claim to care from the state.” England followed with its Old Age Pension Act of 1908, which also initiated yearly retirement incomes for those of age of 70 years and older (Brand, 2007). America’s Social Security program took its lead from these and other European predecessors (34 countries had some type of social security system by 1935), but it also was built upon smaller pension programs already set up in this country (Liu, 2001). Along with limited military pensions for disabled civil war veterans (including their wives and dependents), most notable among these was the 2 Pennsylvania Railroad Pension, begun in 1890, and widely considered the first modern pension system in the United States (Liu, 2001). The largest private employer in the nation at the time, the Pennsylvania Railroad created a benefit plan “equal to one percent of the average wage in the last ten years of employment times the number of years worked,” with a mandatory retirement age of 70 years. This pension system, like those followed it, was launched not only for altruistic reasons, but also to cultivate worker loyalty, lessen the likelihood of strikes and to decrease turnover of experienced employees (Liu, 2001). Summarily and from the above basis, it is evident that social security had its origin in the very early days of informal human life. Currently, social security refers to a formal arrangement concerned with protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. It is essentially, a concept developed in Europe in the 19th Century mainly aimed at protecting workers in the formal economy in a clear labour-capital relation in capitalist society. The focus here was on the worker because unemployment was hardly an issue. Accordingly, social insurance schemes evolved as the dominant form of social protection. Social insurance refers to arrangements, usually defined and prescribed by statute, where people receive benefits or services in recognition of their contributions to an insurance scheme. These typically include provision for retirement pensions, disability insurance, survivors’ benefits and unemployment insurance. In our country then, it is well known that Tanzania has not ratified the International Labour Organisation (ILO) Social Security (Minimum Standards) Convention, 1952 3 (No. 102) though it has been attempting to adhere to this Convention in a de facto manner because most of the existing social security schemes establishment laws have taken into account the major provisions of the Convention. This is witnessed by most of these social security schemes on their provisions of different short-term benefits such as health care, maternity benefits, employment injury and funeral grants, as well as long-term benefits such as retirement pension, survivors’ pension and invalidity pensions. 1.1.1 Social Security Progress at International Context 1.1.1.1 The United Kingdom The United Kingdom social security schemes include firstly, the National Insurance Scheme (NIS), which provides cash benefits for sickness, unemployment, death of a partner, retirement, etc (European Union, 2011). People earn entitlement to these benefits by paying National Insurance Contributions. Secondly, the National Health Service (NHS), which provides medical, dental and optical treatment and which is normally available free of charge only to people who live in Great Britain and Northern Ireland. Thirdly, the Child Benefit and Child Tax Credit schemes, which provide cash benefits for people bringing up children. Fourth, non-contributory benefits for certain categories of disabled persons or carers and lastly, other statutory payments made by employers to employees entitled to maternity, paternity and adoption leave. The United Kingdom citizen is normally issued automatically with a national insurance number after reaching the age of 16. Contributions to the national insurance scheme are divided into five classes (European Union, 2011). 4 Firstly, an employee pays primary class 1 contributions her/his earnings are above the primary threshold. The contributions will be a percentage of the employee’s weekly earnings up to the upper earnings limit and will be deducted from her/his pay. If the employee’s earnings are below the primary threshold but above the lower earnings limit, she/he has to pay a contribution in order to protect benefit entitlement. On the above the secondary threshold, employer’s contributions are not deducted from part of the employer, he pays secondary class 1 contributions if the employee’s earnings rise employees’ pay but are the liability of the employer (European Union, 2011). Secondly, for the self-employed people and their earnings are above the Small Earnings Exception, they must pay class 2 contributions which are payable at a flat rate. If their taxable profits or gains are above the level of the income tax personal allowance, they also be liable for class 4 contributions which do not count for benefit purposes (European Union, 2011). Thirdly, class 3 contributions are voluntary and only count towards basic retirement pension and bereavement benefits. They can be paid if a person is not liable for primary class 1 contributions, if he has been exempted from paying class 2 contributions or if his contribution record is not sufficient to qualify for the benefits listed above. Class 3 contributions are payable at a flat rate. Fourthly, special rules apply to certain people, including mariners and airmen and for employers. Employers are liable for class 1 contributions on most benefits in kind, for example cars made available for private use and car fuel (European Union, 2011). 5 For the purpose of enhancing coverage, in some circumstances, contributions may be credited to citizens’ national insurance record even if they have not actually paid them. This is the case, for example, for periods when these citizens are unable to work because of sickness or unemployment. With regard to regulating social security schemes in the United Kingdom, the Department of Work and Pensions (DWP) is responsible for delivering most social security benefits. Her Majesty Revenue and Customs Office (HMRC) is responsible for the collection and recording of contributions and the assessment and payment of tax credits for families with dependent children and working people on low incomes. It also administers Child Benefit and Guardian's Allowance. Local authorities administer Housing Benefit and Council Tax Benefit. The Department for Business, Innovation and Skills is responsible for developing policy and legislation on parental leave and pay. Employers are responsible for paying Statutory Sick Pay, Service authorities are funded to secure health services for their local population through contracts with NHS Trusts and other service providers and professionals. Social care services are provided or purchased by local authorities within a financial and legislative framework determined by the Health Ministry (European Union, 2011). When compared to Tanzania, the United Kingdom social security system is considered so advanced and has wide coverage because the coverage do not relate to contributors from formal sectors only . The social security schemes are interrelated and thus the control of members is very easy because an UK citizen on attainment of the 16 years old is issued with a national insurance number. In Tanzania though the SSRAA is attempting to liberalise issues of social security, the control with regard to 6 coverage is still a challenging issue because of the differences and divergences of the existing social security schemes which are coming from natural monopolistic behaviours. 1.1.1.2 United States of America Another example is taken from the United States of America (USA) where social security priority is for old ages and disabled people. Currently there are two USA principal federal programs offering support for the elderly: Old Age, Survivor’s and Disability Insurance (OASDI), commonly known as Social Security, and Medicare (Velloso, 2006). Social Security provides retirement income to the elderly, and is funded from payroll taxes on the working-age population. Medicare provides the elderly with medical insurance. It is only partly funded by payroll taxes and premium payments by retirees, with the balance of its resources coming from the general revenues of the federal government. In addition, the Supplemental Security Income (SSI) program, serves as a safety net to ensure that the elderly and disabled have a minimum level of income if their pension benefits are very low or they do not qualify for Social Security (Velloso, 2006). Participation in the OASDI system is mandatory and virtually universal. It covers 154 million workers, or more than 95% of the workforce. At the end of 2004, about 48 million people were receiving benefits, including 33 million retired workers and their family members (representing 69% of the total), 7 million survivors of deceased workers and 8 million disabled workers and their dependents. Individuals are entitled to Old-Age and Survivor’s Insurance (OAS), once they have worked 40 quarters in covered employment between the ages of 21 and 62. Recipients of 7 Disability Insurance (DI) must have 20 quarters of contributions in the 10-year period before disability began. Disabled workers who reach the full retirement age (FRA) are automatically transferred to full retirement benefits (Velloso, 2006). Benefits are financed by a payroll tax of 12.4%, half paid by employers and half by employees, up to an annual (indexed) earnings limit. The earnings ceiling is updated annually in line with growth in wages. Benefits are based on the average of monthly earnings of a worker’s 35 highest-earning years prior to eligibility: the average indexed monthly earnings (AIME). A progressive formula is applied to the AIME to produce the primary insurance amount (PIA), which is the amount payable to a worker who retires at the FRA (Velloso, 2006). Both contributions and benefits are subject to tax. The employee’s portion of the payroll tax (6.2%) is included in earned income for taxes purposes. Benefits are included in taxable income according to a graduated formula. Taxes paid on up to 50% of benefits are returned to the OASDI system. The Social Security system is financed on a Pay-As-You-Go (PAIG) basis, and the cash surpluses of the system are credited to Trust Funds (Velloso, 2006). The Medicare program provides health insurance coverage for the aged and disabled. Part A provides hospital insurance (HI) and is funded by a payroll tax of 2.9%, equally split between employers and employees. There is no ceiling on covered earnings. Part A is generally provided automatically, and free of premiums, to persons age 65 or over who are eligible for Social Security or Railroad Retirement benefits, whether they have claimed these monthly cash benefits or not. Part B 8 provides supplemental medical insurance (SMI) that covers the cost of physician and other services, and is funded in part by premiums paid by beneficiaries and contributions from the general fund of the US Treasury. A third part of Medicare, sometimes known as Part C, is the Medicare Advantage Program, which was established as the Medicare+Choice program by the Balanced Budget Act of 1997 and subsequently renamed and modified by the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003. The Medicare Advantage program expands beneficiaries' options for participation in private-sector health care plans. The MMA also established a fourth part of Medicare: a new prescription drug benefit, also known as Part D, beginning in 2004. Part D activities are handled within the SMI Trust Fund, but in an account separate from Part B. The purpose of the two separate accounts is to ensure that funds from one part are not used to finance the other (Velloso, 2006). The cash surpluses of the HI system are also credited to a Trust Fund, and are invested in interest-bearing securities of the US Government or in other securities guaranteed for both principal and interest by the government. They are 100% excluded below a certain income threshold, with the exclusion rate falling to a minimum 15% at higher incomes (Velloso, 2006). The USA also has the Supplemental Security Income (SSI) program which is a firsttier redistributive scheme, serving as a safety net. Under the SSI program, the federal government provides means-tested monthly cash payments to low-income people who are 65 or older, or disabled. Most states supplement SSI benefits. People who 9 receive Social Security benefits and who have assets below the specified level (US$2,000 for an individual and US$3,000 for a couple) can also receive SSI benefits (Velloso, 2006). In addition to the Social Security program, it is important to note that the United States has a wide second-tier of private pension plans and plans sponsored by employers. 75% of those without a pension plan work for employers who do not sponsor a plan. Over the past 20 years, there has been a significant shift from Defined Benefit (DB) to Defined Contribution (DC) plans. Participation is voluntary and both employees and employers can make contributions. Employees decide how much to contribute and how to invest the assets. Between 1984 and 1997, these plans grew from about 30% of all DC schemes to around 70%. DC plans may be used alone or in conjunction with an Employee Stock Ownership Plan (ESOP), which buys and holds company stock. ESOPs are a tax qualified DC plan (Velloso, 2006). In USA there are many pension arrangements offered to public -sector employees as well, with most being DC plans. There are two pension systems at the federal level, the Civil Service Retirement System, which covers employees hired before 1984, and the more recent Federal Employees Retirement System. In 1974, the Employment Retirement Income Security Act implemented rules to regulate employer-sponsored plans. It also introduced Individual Retirement Accounts (IRAs), created to give incentives to save (tax deferrals), to people without employer-sponsored coverage: the government does not tax original contributions or returns on contributions until funds are drawn. In 1981, the IRAs were expanded to 10 allow workers covered by employer-sponsored plans to also establish accounts (Velloso, 2006). The USA context on social security is also advanced as that of UK. The social security system in USA is considered as most advanced government program (Velloso, 2006) implying that there is high involvement of the USA government on social security protection issues. The coverage and some issues with regard to administration of social security are highly controlled by the government because of their sensitivity. 1.1.1.3 Kenya 1.1.1.3.1 Kenyan Retirement Benefits Legislation The Retirement Benefits Act establishes the Retirement Benefits Authority which is a regulatory and supervisory body charged with the responsibility of regulation, supervision and promotion of retirement benefits schemes, the development of the retirement benefits sector and for connected purposes. According to Haki Jamii (2007) the Authority does not constitute a retirement benefits scheme, does not receive contributions from members, does not pay benefits to scheme members, does not hold scheme funds, does not direct schemes where to invest their money but only gives broad guidelines as to how scheme funds are to be invested and does not pay any money to the Government. Thus, apart from playing its regulatory and supervisory role, the Authority does not play any substantive role of its own in promoting the right to social security. Furthermore, in the course of its duties, the Authority has acknowledged the 11 existence of some operational challenges to the growth of the social security sector in Kenya. These include under-funding of social security schemes especially in the public sector, poor investment of scheme funds leading to poor returns for members, misappropriation of scheme funds due to member's lack of adequate awareness, poor administration and record keeping leading to long delays in payment of benefits to members, excessive interference by sponsors in scheme affairs, denial of benefits to certain staff members on spurious grounds etc (Haki Jamii, 2007). 1.1.1.3.2 The National Hospital Insurance Fund Act The National Hospital Insurance Fund Act (1998) establishes the Kenya National Health Insurance Fund (KNHIF) and the Fund Management Board and provides for contributions to and the payment of benefits out of the Fund. The Act has a number of progressive provisions which include promoting the principle of all-inclusiveness and participation of all sections of society in the management of the Fund by providing a slot for one representative of non-governmental organisations involved in the provision of healthcare services, allows contributions to the Fund from both employees and from self- employment. The Fund offers monthly premiums that are low compared to those of conventional insurance schemes, which are actuarially determined. In relation to the benefits offered, KNHIF has no provision for exclusions. As such, all medical conditions are covered, including maternity cases; there is also no limit as to the number of a beneficiary’s dependants. However, despite these laudable contributions of the KNHIF Act, there are a number of shortcomings that undermine the full realisation of the right to social security for the majority in Kenya (Barya, 2011). As such, the fund remains non-accountable to 12 its members and less responsive to their needs. It is also stated that in terms of accessibility, as at 2005, KNHIF had offices in less than half of the then 72 of Kenya’s administrative districts, and about 400 accredited health care providers (for in-patient services), which were unevenly distributed. Access to KNHIF services in the rural and, particularly remote areas, was minimal due mainly to poor infrastructure and long distances to the Fund’s offices (Haki Jamii, 2007). 1.1.1.3.3 The National Social Security Fund Act The Kenyan National Social Security Fund Act, Chapter 258, establishes the Kenyan National Social Security Fund (KNSSF). Under the Act, KNSSF members are eligible for age or retirement benefit, survivor’s benefit, invalidity benefit, withdrawal benefit, emigration and other benefits that may be prescribed by the Minister with the concurrence of the Minister for Finance. Despite this broad mandate stated above, the KNSSF Act is said to has failed to enhance the enjoyment of the right to social security in Kenya in a number of respects (Haki Jamii, 2007). First, the Act places a lot of emphasis on certain categories of workers thereby are discriminating against the unemployed and other categories of workers such as the casual workers and those working in the informal sector. As observed in the KNSSF website also, the mission of the KNSSF is to provide basic social security services, and welfare support, to all workers in Kenya. This includes providing workers with financial security in retirement, as well as providing them with basic security against contingencies such as employment injury, illness and/or disability and death. This statement of purpose clearly shows that the NSSF aims to serve workers. In addition to the mission, substantive provisions of the 13 Act also place a lot of emphasis on the employed sections of the population to the exclusion of casual workers and those working in the informal sector. Membership of and contribution to the Fund is pegged on one’s nature of employment. Second, studies by Haki Jamii (2007) and Centre for Governance and Development (2005) establish that although the KNSSF was, for many years, the only national social security provider in the country, its efficacy in promoting the realisation of the right to social security was undermined by allegations of operational malpractice including political interference in its management, nepotism in the hiring of Fund staff, corruption and embezzlement of funds, etc. Third, the KNSSF Act does not make any provision for refugees, asylum seekers, stateless persons or persons who are not ordinarily resident in Kenya but are unemployed. The Second Schedule to the KNSSF Act only recognises “persons not ordinarily resident in Kenya who are employed in Kenya for periods not exceeding three years at any one time. Exempt persons, meaning persons to whom the Act does not apply (Haki Jamii, 2007). Fourth, there is no provision for workers employed in domestic situations such as domestic workers, house-helps, etc (Haki Jamii, 2007). 1.1.1.3.4 The Pensions Act The Pensions Act, Cap. 189 provides for the grant and regulating of pensions, gratuities and other allowances in respect of the public service of officers under the Government of Kenya. It makes provision for retirement benefits for government employees. The Act has a number of normative shortcomings that affect the 14 workers’ right to pensions and other retirement benefits: It bestows enormous, even draconian, powers on the Government and the President to, among other things, determine whether or not an employee should get his/her pension, gratuity or other benefit at all or in the event of bankruptcy or insolvency, imprisonment etc. Haki Jamii (2007) claims the Act places unconscionable, unjust, unjustifiable and discriminatory conditions on the dependants an officer, who dies in the course of discharge of duty or other related cause, who can access the deceased officer’s pension or other benefits e.g. that the deceased’s children should not be more than six; the widow should ‘be of good character’ and should not remarry; in the case of a female child, the pensions cease upon her marriage under the age of 21 years etc. These conditions violate the rights of the dependants, not just to social security, but to other entitlements as well. 1.1.2 Tanzanian Context on Social Security Progress 1.1.2.1 The Recognition of Social Security In recent years, a great deal of attention has been given to the reform of social security system in Tanzania Mainland. The debate has centred on the question of what kind of social security system is appropriate within this changing economic and social environment of Tanzania Mainland. As exposure to risk is a major threat in the day-to-day life of people one will find that illness, disability, death, old age, widowhood, riots, unemployment, employment injury and natural disasters are some examples of typical risks which lead to fluctuating incomes and thereby affect the quality of life. 15 The Tanzanian United Republic Constitution of 1977 (URTC) recognizes the right of social protection. Article 11(1) of the URTC stipulates thus: “11. (1) The state authority shall make appropriate provisions for the realisation of a person’s right to work, to self education and social welfare at times of old age, sickness or disability and in other cases of incapacity, without prejudice to those rights, the state authority shall make provisions to ensure that every person earns his livelihood”. From this un-conflicting provision of the URTC in the year 2003, the Tanzanian Government put at place the National Social Security Policy which was followed by the enactment of the SSRAA which, among others, was intended to establish the SSRA. The main objective of the country’s having social protection policy is to establish a means of curbing economic and social distress in the events of unemployment or any kind of disability due to injury, old age, sickness, e.tc. The Tanzanian National Social Security Policy (2003) recognises that every human being is vulnerable to risks and uncertainties with respect to income as a means of life sustenance. To curb these risks, everyone needs some form of social security guaranteed by the family, community and the society as a whole. Such socioeconomic risks and uncertainties in human life form the basis for the need of social security. The Tanzanian Social Security Policy (2003) recognises that social security means any kind of collective measures or activities designed to ensure that members of society meet their basic needs and are protected from the contingencies to enable 16 them maintain a standard of living consistent with social norms. In most of African and other developing countries like Tanzania their formal social security systems are a product of colonialism. During the colonial era, the Tanzanian social security coverage was extended to the few people who were in the colonial employment. Most of the people were excluded from any type of public social security scheme. The remaining population depended on the traditional or informal social security system for their protection, which is still the case to date. After independence, the Government of Tanzania introduced a series of policies and measures to reverse the situation that prevailed during the colonial era. Measures introduced by the Tanzania Government included those of access to free education and healthcare, provision of social welfare services to marginalized groups such as the elderly, people with disabilities and children in difficult circumstances, as well as establishment of statutory social security schemes. Regardless the provision in the URTC and the Social Security Policy (2003), basically the Tanzanian social security systems are made up of contributory and noncontributory schemes. A comprehensive picture of the formal schemes’ coverage, scope and adequacy of benefits has been stated in subsequent parts. Coverage by such schemes is generally limited to workers in formal employment, which is a small fraction of the working population in formal employment. The scope of benefits is limited mostly to old age, death, survivors, invalidity, maternity and workmen’s compensation and the levels of benefits are low. Most of the formal social protection schemes are not structured to conform to the requirements of benefiting their members. 17 For the non-contributory schemes which are provided by the Government, International and National NGOs, donors, faith groups and by traditional indigenous practices, it has been proved difficult to obtain a comprehensive picture of numbers of the population covered, the scope and depth of provision. However, in the previous study by ILO (2008) it was generally agreed that the coverage of these services and programs is limited. It is true that the rural-to-urban drift also has implications for social protection provision. In the current period it is estimated that the proportion of urban dwellers in Tanzania has nearly doubled. In Tanzania Mainland, urban dwellers have higher unemployment rates than those in the rural areas and are likely to be unemployed for years. There is currently an acute problem of youth unemployment. There is no unemployment benefit scheme in Tanzania Mainland and this has an immediate effect on the levels of poverty of those of working age who become unemployed, as well as the longer-term effect of increasing poverty in old age for those who have been in formal employment during most of their working lives. The majority of new entrants into the labour market are employed in the informal economy in selfemployment, and this is largely in agriculture which falls mostly under informal employment sector thus limited to access contributory benefit schemes. The Tanzania National Social Security Policy (2003) reveals challenges social security in the manner that the social security system existing in Tanzania is characterised by a number of shortcomings which include their limited coverage, inadequacy of benefits paid to their members, conflicts in the existing legislations and problems with regard to investment of social security funds. Currently, the 18 majority of workers who work in the informal economy, their families are excluded from contributory schemes, as this remains the core problem which minimises the coverage of social protection in the formal sector through even some of the schemes which are viewed popular in the public eyes. 1.1.2.2 The Social Regulatory Authority Among the challenges facing social security schemes which the National Social Security Policy (2003) has stated is lack of coordination of social security and that the sector is fragmented as each scheme reports to a different Ministry with differing operational rules and procedures. As a result, contribution rates, benefit structures, qualifying conditions as well as plans and priorities differ from one scheme to another. The policy statement to curb this challenge states the social security sector to be coordinated by the Ministry responsible for social security matter. The Policy provides further that social security in Tanzania covers a wider variety of public and private measures which are meant to provide benefits in the event of the individuals’ earning power permanently ceasing, being interrupted, never developing, being unable to avoid poverty, or being exercised only at an acceptable social costs. The Policy states further that the major domains of social security in Tanzania are for: poverty prevention, poverty alleviation, social compensation and income distribution. This reveals that many issues relating to social security in Tanzania are sensitive because they touch on the material interests of organized workers and the unorganized poor as well as social protection industry and employer organizations. 19 Adhering to such Policy statement in the year 2008, the Government of Tanzania enacted the Social Security (Regulatory Authority) Act, Number 8 of 2008 (SSRAA). The SSRAA established the Social Security Regulatory Authority (SSRA) which is intended to regulate the social security sector and to provide for related matters. Section 5 of SSRAA, among others provides the functions of the SSRA. These functions include to regulate and supervise the performance of social security schemes, to issue guidelines for the efficient and effective operation of the social security sector, to protect and safeguard the interests of members; and to conduct programs for public awareness, sensitization and tracing on social security. Furthermore, section 30 of the SSRAA provides that every employer in the formal sector shall be required to register his employees with any of the mandatory schemes, provided that it shall be the right of the employee to choose a mandatory scheme under which the employee shall be registered. This provision provides some flexibility to employees to choose the scheme suiting them thus creating a ground of competition among the schemes. According to the information from SSRA website, SSRA started its operations recently and by the year 2011 it was in the process of recruiting most of staff to enable it become fully operational. The SSRA’s functions have been stipulated in section 5(1) of the SSRAA to attempt to intervene into those schemes. 1.1.1.3 The Tanzanian Social Security Schemes Tanzania has a number of social security schemes which some of them existed from colonial period. The laws established the schemes included the Provident Fund (Government Employees) Ordinance Cap 51, Provident Fund (Local Authorities) 20 Ordinance Cap. 53 (consolidated to National Provident Fund, Act No. 36 of 1964 and now National Social Security Fund, under Act No. 28 of 1997), Provident Fund (Government Employees) Ordinance Chapter 51, The Severance Allowances Act, the Severance Allowances Act, No. 57 of 1962 (repealed and replaced by the Employment and the Labour Relations Act, No. 6 of 2004) and the Workmen’s Compensation Ordinance Cap 262 (now the Workmen’s Compensation Act, 2008). Along the time, these schemes have been modernized through their establishing laws to become more consistency with the requirements of ILO standards on the core elements of social security protection. The ILO instrument adopted at its 35th session in June 1952, itemised a number of contingencies and benefits required in the minimum standards of social security namely old age, invalidity, survivorship, employment injury, maternity, medical care, sickness, unemployment and death. Thus, the social security system in Tanzania can be divided into three benefit categories. Firstly, the mechanisms providing protection in case of sickness and health-care benefits; secondly the social insurance or schemes that cover contingencies such as old age, invalidity and death which are referred as the pension system; thirdly, a component obliges employers to protect employees against accidents, such as workers’ compensation for injury. The social security schemes available include National Social Security Fund (NSSF), Parastatal Pension Fund (PPF), Public Service Pension Fund (PSPF), Local Authorities Pension Fund (LAPF), National Health Insurance Fund (NHIF) and Government Employees Provident Fund (GEPF. Workers in the informal sector, peasants, agricultural employees, and persons employed in small businesses, small- 21 scale industries, fishing, etc have no pension benefits arrangement. Informal sector depend to a very large extent on the extended family and clan for support during old age, invalidity and sickness. A study by ILO (2008) states by the year 2007 there were approximately 672,206 identified active members in the Tanzanian social security schemes. The schemes, as stated clearly in their respective establishing laws, are providing different benefits to their members ranging from old age, survivors, invalidity, maternity, funeral, health insurance, death, employment injury, education and withdrawals benefits. The schemes are under the control of different ministries, though the Ministry of Finance controls most of these schemes. Depending on the scheme, the amount of contribution of an employee to the scheme is mostly 20 percent of the employee’s salary though employees from the GEPF contribute 25 percent of their salaries to the scheme. Some schemes interpret “salary” for contributions purpose to be computed from a “gross salary”. The purpose of most of social security schemes is to gain and retain members and at the same time to promote the members’ welfare through curbing social distress which might be caused by particular circumstances happening from employment. Likely, most of these social security schemes which have been involved in the investment activities which help the growth of our country’s economy. To be competitive social security schemes have to plan for this, remaining and improving their competitiveness in due course of enhancing their capability of acquiring more members which might increase contributions at the ultimate goal of paying satisfactory benefits to their members. To social security schemes involved in 22 investment activities, their competitiveness is also looked on their ability of initiating more investments for the benefit of their covered beneficiaries and the country’s economy at large. Beside the availability of the Social Security Policy, the establishment of the SSRA and the existence of the social security laws, the available social security schemes seems to be locked in becoming competitive among themselves as stated in the statement of the research problem. 1.2 Statement of the Research Problem For a social security scheme to be competitive it has to be assessed on how it is fulfilling its functions as stipulated in the SSRAA. Before the enactment of the SSRAA, each scheme acted independently according to its establishing statute. Now there is this new law attempting to coordinate, among others, the activities of social security schemes. There are however a number of challenges which even if the law coordinating the activities of social security schemes is at place, these challenges need to be examined. The challenges are those relating to hindering the competitiveness level of social security schemes and they include: Firstly, out dated social security legal frameworks which affect good governance in these schemes. This is witnessed by lack of transparency on these schemes because the constitutionality aspects of most of schemes are not clear. Secondly, the ways and styles on which social security schemes operate affect their objectives on meeting social security protection to their members. This is well seen on the poor customer care issues by these schemes, centralization, complications of processes and procedures of effecting members’ claims and delay in adopting the application new technologies. 23 Thirdly, the available social security schemes are lagging behind on the issues of promotion and protection of the interests of their members and thus leading to limited scope of their competitiveness when a comparison is made. Fourth, there are limited advocacy and awareness programs being conducted by social security schemes thus hindering a lot their competitiveness levels within Tanzania Mainland. This makes the agenda of widening social protection in Tanzania to be lagging behind. 1.3 Research Objectives The proposed research paper shall have both broad and specific and specific objectives as follows: 1.3.1 Main objective of the Study The broad objective of the study is to examine the competitiveness of the contributory social security schemes within Tanzania Mainland. 1.3.2 Specific Objectives The specific objectives of the study are to: i. To examine whether the legal frameworks governing the selected social security schemes benefit the members of those schemes. ii. To study the operations of six social security schemes in Tanzania Mainland. iii. To analyse how these social security schemes promote and protect the interests of their members. 24 iv. To study the awareness of the beneficiaries on social security schemes in Tanzania Mainland. 1.4 Research Questions This research has answered the following questions: i. What is the best legal framework established for governing social security schemes in Tanzania? ii. How do the six social security schemes operate in Tanzania Mainland? iii. How do these schemes promote and protect the interests of their members? iv. What are social security schemes doing to sensitise their beneficiaries on the functions of social security in Tanzania? 1.5 The Significance of the Study The proposed research will be of significance to the social security schemes existing in Tanzania because this research will expose their competitiveness. If taken positively the proposed research will be good information for those social security schemes serious in business to make use of such information in adopting recommendations for the improvement of their schemes. Specifically the study shall be of significance as follows: Firstly, the study will reveal how the six social security schemes operate in Tanzania Mainland. This will be of significance in the manner that, schemes may be capable to learn from each other as which is the best may of operating their businesses for interests of their beneficiaries as well to become more competitive by improving their operations. 25 Secondly, the study will expose suitable means of promoting and protecting interests of members of social security schemes. This shall, in additional, enable schemes to enhance or establish systems or policies which shall be effective in promoting and protecting interests of members. The scheme which has effective means of promoting and protecting interests of its members attract more memberships. Thirdly, the study shall be of significance in making the social security stakeholders understand the legal frameworks governing the selected social security schemes and how those legal frameworks are effective in satisfying their members. This may also enable social security stakeholders improve or adopt the best legal framework governing social security schemes. Fourth, this study shall assist in exposing how the stakeholders understand issues relating to social security schemes in Tanzania Mainland. The study will help in understanding the extent coverage of large group of the Tanzania on how to invest in social security schemes. Fifth, employers and employees being the main stakeholders of the social security schemes shall be capable to identify which schemes suit them the best and thus they may make a best choice among the competing schemes. 26 CHAPTER TWO 2.0 LITERATURE REVIEW In this study the researcher did not encounter any literature looking directly on the competitiveness of social security in Tanzania or at international context. However, the researcher was capable to capture some of the writings which reflects issues of social security which have been subject to this study within Tanzania and some from Kenya and Uganda. Kenya and Uganda are East African Countries which have some similar elements of social security protection systems with Tanzania. For this purpose the reviewed literature reflects Tanzanian, Kenyan and Ugandan contexts. Mchomvu, et al. (2002) stated that in the past two decades, research on social security in Tanzania has focused mainly on formal social security and particularly on the protection of workers against contingencies associated with temporary or permanent loss of income. According to them (Mchomvu, et al. 2002) by the year 2002 formal social security schemes were covering only 5% of the labour force and most of those covered were working in the urban formal sector and those schemes provided few benefits. These authors recognise that at least there is existence of different types of social security systems in Tanzania and thus there is some commitment from the government to act as a guarantor of all existing formal social security systems in the country. They also state challenges which the social security schemes face range from their coverage, inefficiency, monopolistic framework, inflexibility, lack of systematic and comprehensive social security policy, low pension rates, old fashioned institutional frameworks and lack of public information with regard to social security schemes. 27 To them these schemes cover very few people as they have concentrated to working groups only. Furthermore benefits which are paid by these schemes are inadequate in the manner that they are not consistency to the core objective of social protection and there are delays in making payments to members; they are bureaucratic, inefficiency and are faced by poor governance characteristics Furthermore, the study by ILO (2008) establishes that by the year 2006 the social security in Tanzania Mainland was still characterized by limited coverage in terms of membership, scope and access to benefits, where social security coverage was less than 1 per cent of the entire population and about 6.5 per cent of the formal working population and mostly the entire informal sector lacked coverage and had therefore limited resilience to economic shocks and was vulnerable to falling into poverty. The report states generally the challenges facing social security systems of Tanzania Mainland which include uncoordinated pension policy and lack of income support in case of unemployment. Furthermore the report reveals the problem of uncoordinated benefit provision across existing schemes and lack of portability. Wangwe (2005) in one his paper stated that the existing social security schemes had been facing the challenge of having to cope with the increasing need for social protection as a result of the distributional effects of reforms and their implications on welfare of the poor, necessitated serious consideration for reform on policy on social security. Dau (2006) in one of his conference paper stated a number of inadequacies facing social security systems in Africa, and in particularly in Tanzania Mainland. These 28 inadequacies include: firstly, laws establishing social security institutions in Tanzania Mainland provide that benefit rates may be reviewed from time to time by the Board of Trustees and adjusted in line with actuarial valuation. However, the laws do not provide an automatic mechanism to adjust benefit rates in line with inflation and continuous rise in wages. Secondly, that Social protection in Africa is characterized by limited coverage in terms of membership, number of benefits, and the access to benefits. The Tanzanian experience indicates that, the social security coverage is less than 1 per cent of the entire population and about 5 per cent of the formal working population. Almost the entire informal sector is not covered by any social security scheme. Thirdly, the application of ILO Convention No. 102 in African countries had been very limited due to the inherent nature of the African life style in relation to the main characteristics of the Convention. While defined contingencies under the Convention focus on the nuclear family, its application in Africa may not be very relevant because of the very nature of the African way of life where a family includes extended family members. Furthermore in his article Gaya (2011) stated that there are considerable challenges facing Tanzanian public pension systems. He continued to mention those challenges as problems related to inherited institutional design and the resultant governance problems, the mismanagement of these schemes, dissatisfaction among members on service delivery and the problem of members losing their social security coverage when they move between schemes. 29 In Kenya, a publication by Kenya Ministry of State for Planning (2010) , states the previous Constitution of Kenya did not have provisions on social protection until recently when the current Constitution recognised for the right to social security and Kenya has for a long time not domesticated the provisions of international treaties and conventions on the right to social security, a pre-requisite before such provisions can be invoked in domestic court, that the steps being taken now under the auspice of the new Constitution are still very gradual. It is stated further that Kenya does not have an official policy on social security, social insurance or other form of social protection. This means that whatever legislative or institutional interventions exist or are made from time to time do not flow, emanate or derive from a clear, central, coordinated policy locus (Kenya Ministry of State for Planning, 2010). Haki Jamii (2007) states social security in Kenya is regulated and provided for under a plethora of laws (Kenya Ministry of State for Planning, 2010) (like was in Tanzania) establishing its respective schemes - the Retirement Benefits Act, 1997, the Retirement Benefits (Amendment) Act, 1998, the National Social Security Fund Act, the National Health Insurance Fund Act, the Pensions Act and the Pensions (Increases) Act, indicating that the social security schemes in Kenya are so fragmented and are not coordinated. It is clear that Kenya has a number of social security schemes but is lacking the regulator and each scheme seems to be operating on its own. Barya (2011) states that there are a number of shortcomings that undermine the full realisation of the right to social security for the majority in Kenya which include: periodic contributions which are low compared to contributions prescribed under 30 commercial schemes and poverty incidence in the country limiting members to subscribe to the scheme. He further states (2011) that poor quality service delivery; inefficiency in collections; limited coverage; bureaucratic, tedious claiming process, with high transaction costs that are characterized by fraud and abuse are also the factors which hinder the performance of social security schemes. Regarding Uganda, Barya (2009) states that, until recently, social security has not been a subject of study, debate or concern by both government and academia in Uganda, nor have the more directly concerned social groups, that is workers and employers, have been passionately concerned with the issue. The only exception has been discussions around the issue of the mismanagement and inadequacy of the two major formal social security providers, the Uganda National Social Security Fund (UNSSF) and the Public Service Pension Scheme (PSPS) (Barya, 2009). Both the PSPS and the NSSF, the social security situation in the country remains characterized mainly by exclusion of the majority from this internationally recognised right. The PSPS is run by the Ministry of Public Service, catering for civil servants from central and local government, the army and to some extent police and prisons (Barya, 2009). The UNSSF is set up by the National Social Security Fund Act. In the first instance, the lump sum payment may run out quickly and the beneficiary slides into destitution. This tends to defeat the purpose for which social protection arrangements are normally intended, ensuring income security in old age. The benefits available are too limited, well known risks and social needs like sickness, unemployment and problems such as HIV/AIDS were not anticipated and thus not cared for (Barya, 31 2009). Furthermore the scheme also deals with employees working for employers with 5 or more workers. This leaves out many firms and workplaces which are the majority in the country. There is also excessive government control. For instance, no investment can be made by the Fund before consulting the Minister (Barya, 2009). 32 CHAPTER THREE 3.0 MATERIALS AND METHODS 3.1 Research Design A research design is a plan of action, plan for collecting and analyzing data in an economic, efficient and relevant manner. The research design details any important step in order to accomplish information. In this study both quantitative and qualitative data collection instruments were used. To begin, individual interviews using structured questionnaire were used to gather quantitative data for the purpose of assessing the competitiveness of social security schemes in Tanzania Mainland. Qualitative methods were then conducted to verify the data collected in getting indepth insights on the study. The qualitative methods conducted were semi structured interviews with participatory discussions. 3.2 Area of the Study This study was conducted at Dar es Salaam and Dodoma. In Dar-es-Salaam the researcher was capable to visit five headquarters of the schemes in the study and the SSRA. At Dodoma, the researcher visited the headquarter of one scheme which is the LAPF. 3.3 Sample Size of the Study Purposive sampling was applied in selecting of social security schemes stakeholders whereas, probability sampling whereby each respondent coming from the respective social security scheme had equal chances to be selected. In this study, the researcher was capable to consult the population of about 219 people constituting of social security members, social security schemes managers, employers and the social 33 security regulator in which a simple random sampling was used to avail only helpful information concerning the study. Therefore, the researcher consulted respondents as indicated Table 3.1. Table 3.1: Respondents Consulted by the Researcher Scheme/Regulator Managers Employers Members Total NSSF 1 8 38 47 PPF 1 8 26 39 PSPF 1 8 25 36 GEPF 1 8 25 29 LAPF 1 8 25 34 NHIF 1 8 25 34 SSRA 1 - - 3 Total 7 48 164 219 3.4 Tools and Techniques of Data Collection Both primary and secondary data were used in the study. Primary data were collected through observation and direct communications with respondents through interviews and questionnaire. Secondary data were collected through books, reports, journals and internet sources. 3.5 Data Analysis and Interpretation According to Kothari (2004) qualitative research is based on qualitative phenomenon whereby concentration is on phenomena relating or involving quality or kind. From that background, this study was intended to investigate the competitiveness of the social security schemes and understand what factors motivate such competitiveness as viewed through the selected sample. 34 From that basis data collected from both primary and secondary sources were edited and codified. After codification the data there was a tabulation and analysis of those data by using computer. The data were cleaned and report writing was done and presented in form of analysis and tables. This involved both primary data from respondents through observations, interviews and questionnaire and secondary data from books, annual reports, journals and internet sources. 3.6 Data Reliability and Data Validity It refers to the consistency with which repeated measures produce the same results. There are two aspects of reliability in this context; external and internal reliability. External reliability refers to the degree of consistency of measurement overtime. When testing external reliability of a measure, is normally examined; the test is administered to the same group of subjects on different occasions. Internal reliability on the other hand is the most crucial in connection with the multiple item scale like the one used in this study. There are several methods for estimating the existence of internal reliability (Cronbachs, 1951). For the purpose of this study Cronbachs alpha method, which is widely applied measure of internal consistency, was used. Cronbachs (1951) suggested a cut off of 0.7 point or higher to be a good to retain a variable in adequate scale. Data validity in research refers to the correctness of data. There are various ways which are normally used in measuring data validity. These include, face validity, discriminate validity, convergent validity, nomological validity and others. To ensure validity of the data collection instrument for this study, a pilot study of 10 35 respondents was conducted by the researcher. The results, comments and observation from those 10 respondents were used to modify the questionnaires. 36 CHAPTER FOUR 4.0 FINDINGS AND DISCUSSIONS This chapter presents the research findings by responding to the research’s hypothesis that the Tanzanian Mainland Social Security Schemes are not competitive to each other by answering the four research questions. 4.1 What is the Best Legal Framework Established for Governing Social Security Schemes in Tanzania? The study indicates that few of the schemes have favourable legal frameworks for governing the schemes for the benefit of the schemes themselves and their beneficiaries. In determining the best legal framework the researcher looked on a number of issues which include the constitutionality of the schemes, benefits stipulated in their relevant laws and available mechanisms and remedies in redressing members against the schemes. 4.1.1 Constitutionality of the Schemes Through statutory provisions, the study has looked on the issue of constitutionality of social security schemes simply because constitutionality disclose good corporate governance which is essential not only to social security schemes but for all successful organisations worldwide. Among the principles underlying constitutionality of social security schemes are openness, integrity and accountability. These are foundations on which effective organisations are built. Social security schemes are taken as part of government business enterprises or state corporations and or other organisations, including boards, agencies and institutions which are established as semi-autonomous entities with their own governing bodies. 37 Social security schemes need effective structures to ensure proper accountability, clear communication with stakeholders and clarity about roles and responsibilities. Proper accountability means being accountable for the management of stakeholders money and for the performance of the social security schemes in relation to clearly defined objectives. The appointments to the governing body of a social security scheme should be made by the relevant Minister on the advice of the scheme’s oversight body. This process should ensure that appointments are based on merit, as a result of free and open competition. The chief executive, senior managers and staff should be held to account for the extent to which they have achieved their agreed objectives. Communication with stakeholders (for example, employers, employees, their trade unions, the sponsoring ministry, suppliers, other beneficiaries) should be open, honest, transparent, timely and relevant to the stakeholders’ interests. It should also be adequate and present the information fairly. There should be clearly defined divisions of responsibility at the head of social security schemes to ensure a balance of power and authority. These should include the respective roles of the executive and non-executive members of the governing body, the chairman, the chief executive and other senior managers. Doing that enables effective complaints and whistle-blowing procedures are implemented which are essential for the good governance of each social security schemes. Complaints procedures should ensure that complaints from users and other external stakeholders are adequately monitored, investigated, resolved and appropriately reported. Whistle-blowing procedures should ensure that all significant 38 staff concerns, especially those concerned with the ethical management of the schemes’ funds are adequately dealt with. This study has revealed in Tanzania Mainland the constitutionality with regard to social security schemes is not viable to the modern trends with regard to the issues of good governance occasioned by good legal frameworks. There is no any of the schemes which has all the good characteristics relating acceptable constitutionality. For example, in the Table number 4.1 most of schemes’ chairpersons are holding the chairmanship positions by virtue of their other employment positions. Statutorily and practically, PSPF, PPF, GEPF and LAPF the Permanent Secretary of the Ministry of Finance becomes the Chairman of each of all those schemes. There is also a problem which creates higher possibility of irresponsibility to appointed leaders as the appointees in their different positions find to be appointed by the same person. For example, through their respective laws, the Chairman of the Board of Trustees of NSSF is the appointee of the President and similarly the Director General of NSSF is also the appointee of the President. Thus it becomes difficult for these two to be liable to each other. There is a clear example that the NSSF’s Director General has excessive powers to the management of Fund. Under the NSSF as provided in most of its provisions in the NSSF Act is mostly under the auspice of the Director General for example the provision with regard to the functions of the Director General states he is the Chief Executive Officer of the Board and oversees the daily operations of the Fund. 39 Table 4.1: Appointments, Tenure, Powers and Functions of Social Security Schemes Top Officials Scheme Appointments Tenure Powers and Functions of the Appointees PSPF Chairman who is the Permanent Secretary in the Ministry of Finance and Members of the Board are statutorily created. The Director General is the appointee of the President No limits due to their positions held at their respective offices To manage and administer the Fund, invest, disbursement of pensions and other benefits, advise the Minister, appoint other employees of the Fund and do all other things proper for the administration of the Fund. Under the President’s discretion Chairman who is the Permanent Secretary in the Ministry of Finance and not less than four and not more than eight other members appointed by the Minister. Three years and eligible for a reappointment Director General - Chairman appointed by President and other Trustees automatically statutorily created Three years and eligible for reappointment Director General appointed by the President Chairman who is nominated by the Principal Secretary from Ministry of Under the President’s discretion As may be specified in their respective appointment instruments The Secretary of the Board and subject to the directions of the Board is responsible for the day to day administration of the Scheme. To manage and administer the Fund, to invest moneys available in the Fund, disbursement of pension, gratuities and other benefits in accordance with the provisions of this Act, to advise the Minister on matters relating to the administration of this Act, to protect, safeguard and promote the interest of the members and to do all such acts and things as the Board may reasonably be expected to do. Day to day administration of the Fund To formulate, implement and review the policy relating Fund, to control and administer the Fund, invest monies available in the Fund, provide technical assistance and advisory service for the purposes of promoting social security programmes; and do all such acts for efficient administration of the Fund The Chief Executive Officer of the Board and oversees the daily operations of the Fund Control and management of the Fund in accordance with the provisions of the law and regulations made under the law PPF NSSF GEPF 40 Scheme Appointments Finance and at least two members to form Board of management Director General (not statutorily appointed) LAPF NHIF Tenure Powers and Functions of the Appointees - The Chief Executive Officer of the Board of Management and oversees the daily operations of the Fund To manage and administer the Fund, protect, safeguard and promote the affairs of the members of the Fund, advise the Minister, appoint other officers of the Fund and any functions as stated in the LAPF Act. Chairman who is the Permanent Secretary Ministry of Finance and other members automatically statutorily created Three years subjected to reappointment Director General who is appointed by the President Chairman and other members automatically statutorily created As may be specified in the appointment instrument. Three years subjected to reappointment Director General who is appointed by the Board Under the discretion of the Board Performs his duties as per directives given to him by the Board. To organise the Fund’s office, appoint personnel, fix their salary and other remuneration as may be deemed necessary and upon recommendation by the Director General, to supervise the provision of health benefits and to inspect medical and financial records pertaining to the Fund of the health care providers and beneficiaries. The Secretary to the Board and is responsible for the general conduct of the operations and management functions of the Fund and for other duties assigned to him by the Board from time to time Source: Statutory Provisions in the Relevant Scheme’s Laws Furthermore, most of appointees in the studied schemes have no statutory guarantee with regard to their serving tenure. The Director Generals at PSPF, NSSF, LAPF and NHIF may stay in their positions according to the wishes of the appointing authorities and thus they may be removed at their positions anytime or their period to 41 stay in those positions may be extended due to any personal motives, e.g. political, nepotism, etc. Worse enough the Director Generals at GEPF has no any backing from the provisions of law on his appointment, its not elaborately known as to who appoints him to that position. Through field study, through the reached respondents the group of employees members of the schemes, of 164 respondents asked if they understand the issues of constitutionality of their top officials of the schemes only 40 showed to be aware such issue which is about 24 percent of employees members of the schemes (Table 4.2). Table 4.2: Opinion of Beneficiaries with Regard to Constitutionality of Schemes Opinions PSPF PPF NSSF GEPF LAPF NHIF Total Percentage (%) Understand the 4 6 12 3 9 6 40 24 21 20 26 22 16 19 124 76 25 26 38 25 25 25 164 100 constitutionality of their scheme Do not understand the issue of constitutionality of their scheme Total Number of Respondents Source: Field Data, 2012 - 2013 With regard to the category of employers out of 48 employers interviewed 23 of them, which is 48 percent, showed interest with regard to the issue of 42 constitutionality of the top officials of the scheme while showing that NSSF’s director general is most known among the chief executive officers of the social security schemes in Tanzania Mainland. Table 4.3: Opinion of Employers with Regard to Constitutionality of Schemes Opinions PSPF PPF NSSF GEPF LAPF NHIF Total Percentage (%) Understand the 2 5 8 1 5 2 23 48 6 3 0 7 3 6 25 52 8 8 8 8 8 8 48 100 constitutionality of their scheme Do not understand the issue of constitutionality of their scheme Total Number of Respondents Source: Field Data, 2012 - 2013 However, generally most of employers and employees members of the social security schemes are not interested on the issue of constitutionality of top officials of the social security schemes indicating their existence have no any support of very important stakeholders. Most of them believed the appointments are done by the President and that blaming the URTC to have provided excessive power to the President in appointing top officials of the social security schemes (Schemes’ Members Personal Communications, 2012 -2013). 43 4.1.2 The Provisions of Law with Regard to Benefits Obtainable in The Schemes Most of benefits provided by social security schemes have backing from the provisions of the respective laws. In establishing a notable social security scheme there has to be conformity with ILO Standards under its instrument adopted at its 35th session in June 1952 that a scheme to be established to bear at least seven benefits to would be members of the scheme. In this study, there were about ten benefits which statutorily recognised in all the schemes as stipulated in the Table. 4.4. Table 4.4: Summary of Benefits Provided by Schemes S/N Benefit Category PSPF GEPF PPF NSSF LAPF NHIF 1 Old-age √ - √ √ √ - 2 Survivors’ pensions √ √ √ √ √ - 3 Death benefit √ - √ - - - 4 Funeral Grant √ - - √ √ - 5 Maternity benefits - - - √ √ - 6 Employment injury √ - - √ √ - - - - √ √ √ invalidity/disability 7 Health/Medical insurance 8 Education benefits - - √ - √ - 9 Gratuity benefit √ - √ - - - 10 Withdrawal benefit √ √ √ - √ - Source: Statutory Provisions in the Relevant Schemes’ Laws Through the Table 4.4, it is clear that some of social security schemes are not viable to ILO’s standards. The GEPF, for example provides only three benefits which are 44 survivors, withdrawal and loans benefits. Loan and withdrawal benefits do not have the backing of the ILO’s standards but has been provided by GEPF as a plan of making its members benefit from their contributions which have been remitted to the Fund. The other scheme is the NHIF which has singled out one benefit – medical services to a category of services provided under medical services generally. Such NHIF medical services include tests, drugs, out-patient services, in-patient services and minor and major surgery. On the part of PPF it provides six benefits though has a seventh program known as Deposit Administration Scheme which lump sum or lump sum with annuities based on total member’s contribution plus interest accrued thereon are provided to beneficiaries. On their part LAPF has about 9 benefits stipulated in their law (Section 26 of LAPF Act, 2006) however are payable after the Minister’s approval. Currently LAPF pays only six benefits plus members’ loan issuance plan to which has been inaugurated recently. PSPF and NSSF provide seven benefits, some of them as backed by their respective provisions of their establishing laws. NSSF has been for a long time issuing to its members withdrawal benefit which is not backed by any provision of the NSSF Act. From the field survey, for the interviewed respondents, 20 out 164 (12%) employees members of the social security schemes were capable to list more than four benefits existing through their scheme’s establishing laws. The remaining numbers of employees (144) were capable to mention one to two benefits (Table no. 4.5). This indicates that about 88% of employees are not aware of the existing benefits in their respective schemes. 45 Table 4.5: Respondents Understanding of the Benefits Available in their Schemes Question: PSPF PPF NSSF GEPF LAPF NHIF Total Percentage May you list (%) benefits which are available in your scheme? Mention of 1- 23 21 29 24 22 25 144 88 2 5 9 1 3 0 20 12 25 26 38 25 25 25 164 100 2 benefits Mention 3above benefits Total Number of Respondents Source: Field Data, 2012 - 2013 4.1.3 Available Mechanisms and Remedies for Redressing Members As a general principle most of statutes have to include in them provisions which indicates how dispute settlement mechanism to ensure the availability of remedies for the offended or aggrieved subjects of the respective law. Reviewing the statutes of the 6 schemes studied, one finds that 5 out of 6 of them (83%) have available remedies when it happen that employer has defaulted in fulfilling his obligations to the Fund (Table 4.6). Among the core obligations of employers to Funds are to register employees to the Funds and remit their contributions. The GEPF law is the only statute which has got no such obligation and probably it is because the law is the oldest among the statutes of the 6 schemes. 46 Table 4.6: Available Mechanisms and Remedies for Redressing Members Scheme Is there available remedies Availability of appeal levels for defaulting employer or scheme Employer Scheme PSPF √ × SSRA PPF √ × SSRA NSSF √ × Appeals to the DG, to NSSF Appeals Tribunal, NSSF Medical Appeals Tribunal and recently to SSRA GEPF × × SSRA LAPF √ √ SSRA NHIF √ × NHIF Appeals Tribunal and SSRA Source: Statutory Provisions in the Relevant Laws The researcher also looked on the availability of remedies in the respective schemes in case of default of obligations toward members. Among the obligations of the schemes is to ensure they pay benefits in a reasonable time, employer register their employees to the Funds, employees have information with regard to their membership status, etc. Among the 6 schemes (Table 4.6) only one scheme has a provision which provide for a way on which an employee member may initiate a complaint against the scheme. The provision is obtained at section 66 (1) of the LAPF’s statute and states thus: “66(1) – Suits shall not be commenced against the Board without issuance of a three months notice of the intention to commence the suit served upon the Board by intending plaintiff or his agent.” 47 According to an interviewed official at the LAPF, the provision is intended to welcome members of the LAPF to have their grievances sorted out before they would lodge complaints against LAPF at the court of law or currently at SSRA (LAPF Employee Personal Communications, Saba Saba Exhibition, 2013). All in all, most of the schemes do not have provisions on which provide a clear way for members to initiate complaints against them. This has caused a lot of problems to members of social security schemes. This is supported by responses from respondents that they do not appeal because there is no possibility of appealing against their schemes defaults. In finding this the researcher posed a question to employees if they do understand mechanisms of appealing against defaults by their schemes. Table 4.7: Members Understanding on Appeal Mechanisms in their Schemes Question: Do PSPF PPF NSSF GEPF LAPF NHIF Total you know Percentage (%) where to appeal in case you are aggrieved by your scheme’s conducts against you? Yes 2 5 8 1 5 7 28 17 No 23 21 30 24 20 18 138 83 Total Number 25 26 38 25 25 25 164 100 of Respondents Source: Field Data, 2012 - 2013 48 Table 4.7 indicates most of employees lack knowledge on the existence of appeal mechanisms against their schemes in case they have any grievances against them. Of 164 employees interviewed 28 only, which is 17% are aware of appeal mechanisms within their schemes while the remaining 138 employees which is about 83 percent do not know if there is appeal mechanisms within their schemes or elsewhere. Most of employees gave an example of the delays in the processing of their benefits, that when delays persist they have no appeal alternative rather than wait until when their schemes decide to settle their matters at their own discretions and in some cases solutions may come after six months. 4.2 How do the Six Social Security Schemes Operate in Tanzania Mainland The researcher also considered in studying the operations of each social security and then made a comparison to each other among them for the purpose of establishing their competiveness. There are a lot of operations factors which when looked severally or jointly may establish the competitiveness of organisations in the same business line. Social security schemes and generally organization’s operations factors are strategically important precisely because most of social security schemes activities comprises the day-to-day activities within the operations function. It is the myriad of daily actions of operations, when considered in their totality that constitute the schemes’ long-term strategic direction. The relationship between a scheme’s mission, vision and its operations is a key determinant of its ability to achieve longterm success or even survival. Schemes success is only likely to result if short-term operations activities are consistent with long-term strategic intentions and make a 49 contribution to competitive advantage. Likely, the relationship between operations and the other business functions is similarly important. The objective of the operation functions of the social security schemes is to produce services required by their members and other stakeholders whilst managing resources as efficiently as possible. There are a lot of operations aspects with regard to social security schemes competitiveness in Tanzania. The researcher has however considered only four aspects in this study which include issues of customer care, decentralization of social security activities, processes and procedures of effecting members’ benefits and the use of new communication technology. 4.2.1 Customer Care A customer is an individual who, or an organisation which, uses the output of other’s job. In the social security aspect, customers are mostly the members beneficiaries of the schemes and other stakeholders like the researcher who went there for the purpose of collecting data. Customer care generally is concerned with taking care of customers to ensure that their needs and expectations are met and or exceeded. In this study the researcher revealed that most of social security schemes in Tanzania were doing well on the issue of customer care because there were no serious complaints with regard to how social security scheme members are being attended when they visit their schemes’ offices rather than availability of complains relating to substantive issues concerning benefits processing processes to qualifying members as indicated in the Table 4.8. 50 Table 4.8: Opinion of Beneficiaries with Regard to Schemes Customer Care Opinions PSPF PPF NSSF GEPF LAPF NHIF Total Percentage (%) Warmly 23 16 18 13 10 16 96 59 2 6 12 8 8 6 42 26 0 4 8 4 7 3 26 15 25 26 38 25 25 25 164 100 welcomed and effectively attended Welcomed but left stranded Do not have a good reception at all Total Number of Respondents Source: Field Data, 2012 - 2013 Overall results from all the schemes indicates about 96 employees which is about 59% expressed satisfaction that there is warmly welcome for customers into all of the social security schemes, while 26% of the respondents accepted that there were welcomed but left stranded for long hours. About 15% of the respondents stated their schemes to have no friendly welcomes at all. The levels of each scheme on this aspect shall is indicated and discussed in the next parts of this study. 4.2.2 Decentralisation The operations of most of schemes have been simplified by the steps taken by those schemes to decentralise their offices to zones and regions up country. 51 Table 4.9: Opinions with Regard to Having Decentralised Offices Opinions PSPF PPF NSSF GEPF LAPF NHIF Total Percentage (%) Prefer having 23 16 20 13 15 16 103 63 10 18 12 10 9 61 37 26 38 25 25 25 164 100 zonal offices Prefer the 2 centralised office Total Number 25 of Respondents Source: Field Data, 2012 – 2013 Of the members interviewed, 142 out of 164 (94%) were very positive for social security schemes to have their head quarter offices decentralized as per Table 4.9. Other schemes though have decentralised their activities to their regional offices, still a lot of transactions are performed at the headquarters. For example the PSPF regional offices have very minor roles on accomplishing services for their members and are being used as delivery stations on which members have to dispatch there their complaints or claims to be forwarded to the head quarter. One of the employee from Singida region complained that PSPF’s regional offices do not help anything in settling their grievances rather than being used to forward members’ claims. Likely LAPF zonal offices were complained to be inactive on the process of accomplishing members claims without consulting the headquarter. Good evidence can be seen that in most of the LAPF benefit claim forms, zonal offices have spaces to fill into those forms as an affirmation that the respective forms have been delivered to the zonal office by the claimants. 52 4.2.3 Processes and Procedures of Effecting Members’ Benefits The study looked on the processes and procedures applicable when members of the social security are to institute their claims to their respective schemes. This was done in order to establish what is the attitudes of the social security members on those processes and to find out which of the scheme seems to be having more favourable processes and procedures which members are served with leading to unnecessary complains. Table No. 4.10: Respondents Comments on Effectiveness of Social Security Schemes’ Procedures and Processes Opinions PSPF PPF NSSF GEPF LAPF NHIF Total Percentage (%) Procedures and 9 15 26 16 6 11 83 50 3 4 0 6 5 5 23 14 13 7 12 3 14 9 58 35 25 26 38 25 25 25 164 100 processes are good Doesn’t understand if procedures and processes are good They are not good at all Total Respondents Source: Field Data, 2012 – 2013 Overall study of all the schemes indicates that the processes and procedures of effecting members benefits are average because table 4.10 above indicates 50% of the respondents suggest the procedures and processes are good. Those denied the 53 procedures and processes to be good were 35% of the respondents. There were 14% of respondents also who did not understand if the procedures are good or not. Though this has been stated well at the nest parts of this study, the researcher has considered each scheme and 52% of interviewed members of PSPF, complained that the processes and procedures of effecting their claims as not good. There were also complains from LAPF 56% and NSSF 31%. There were few complains from those covered by GEPF and PPF. Employees covered under GEPF were proud of the Fund and confirmed that GEPF has improved to the extent of accomplishing benefit payment within a week upon being lodged with clear information. 36 percent of NHIF employees (9 out of 25) complained for the processes and procedures. The main complaint was that medical identification cards for the new registered members have been taking too long to be delivered to those members making them to start entering into extra medical expenses. One of the NHIF member met by the researcher at the Saba Saba Exhibition claimed to be coming from Tabora had to stated thus: “Tatizo la NHIF ni ucheleweshaji wa kadi. Mimi nilijaza fomu kwa ajili yangu ilinichukua mwaka mzima kupata kadi ya matibabu. Nilipopata mtoto tena nikajaza kadi na nikapeleka picha za mtoto lakini pia ilinichukua zaidi ya miezi sita kupata kadi yake(NHIF Member, Personal Communications, Saba Saba Exhibition 2013). Literally, the respondent complained NHIF had a problem of delaying to issue medical insurance cards to newly registered members. The researcher did not 54 succeed to hear complains from existing members on the processes and procedures of accessing medical facility benefits. With regard to NSSF, all the members interviewed complained about the process of claiming withdrawal benefit. At the time this benefits was being provided beneficiaries were required to wait for a period of six months before their claims could be lodged to NSSF. This was complained to be grossly unfair as it left members to a situation of serious economic distress. 4.2.4 The use of New Information and Communication Technology The study revealed that almost all social security schemes have been using new information and communication technology in their operations. Each of the social security schemes is well equipped in the use of new technology. The researcher observed the schemes offices, starting from the reception, to have reduced in great extent the use of paper work as each of the officer’s desk there was a computer and an officer was utilising it. Most offices have installed Local Area Network (LAN) systems which enable them to communicate internally without being involved in unnecessary physical movements. There are also inter-branches communications through internet and the use of telephone. In one occasion, at PPF head office, the researcher witnessed an officer communicating to PPF Mwanza branch through a phone to ensure that a member’s query is settled. All in all, almost all schemes have launched websites through which their members are capable to access information with regard to their schemes. Information 55 displayed in the websites include annual reports, formulas of calculating a number of benefits and enabled members portals through which members are capable to access information and particulars with regard to their membership status. 4.3 How do these schemes promote and protect the interests of their members All the schemes have mission and core value statements indicating that they have ultimate objectives of promoting and protecting members’ interests. however viewed through a number of scenarios These are which the schemes are doing for their members. The scenarios include the availability and suitability of benefits available at the respective scheme and how the scheme is doing in improving the scheme’s sustainability status. Looking on the first scenario with regard to availability and suitability of benefits in the respective schemes as indicated in Table 4.11 one finds that there are common benefits into most of social security schemes which are old age pensions, survivors and withdrawal benefits. Death benefit is the least considered among the benefits found in the schemes, probably due to the fact that employers used to provide prompt assistances in case of death events to their employees or employee’s family members. The study revealed further that employee members of the social security schemes have different attitudes with regard to the available benefits suiting their desires from the social security schemes. Taking data at Table 4.11 above of the interviewed 164 employees of the social security schemes 80 of them 48 % were interested with 56 qualifying to old age pensions (retirement benefits) as their first preference benefit rather than any other benefits. However the majority of these interviewees were those coming from PSPF, PPF and LAPF schemes. 58 employees out of 164 (35%) were conscious with withdrawal benefit as their first preference benefit giving backing factor that reaching a retirement age has become an issue these days and the human being lifespan is collapsing every day. When asked randomly on their second and third preferences, still old age and withdrawal benefits were considered the best. Table 4.11: The Distribution of Beneficiaries Choice Regarding the Benefits S/N Benefit Category 1st Preference 2nd Preference The 3rd Preference No. of respond ents Percent age (%) No. of Respon dents Percen tage (%) No. of Respon dents Percenta ge (%) 1 Old-age 80 49 53 32 42 26 2 Survivors’ pensions 0 0 10 6 8 5 3 Death benefit 0 0 5 3 6 4 4 Funeral Grant 0 0 13 7 8 5 5 Maternity benefits 0 0 5 3 10 6 6 Employment injury/invalidity/ disability 4 0 14 8 15 9 7 Health insurance 6 3 14 8 7 4 benefits 8 Education benefits 12 7 16 10 20 12 9 Gratuity benefit 4 2 - - 3 2 10 Withdrawal benefit 58 35 34 - 45 27 164 100 164 100 164 100 Total Respondents Source: Field Data, 2012 – 2013 57 The study also looked as to which social security scheme would be preferred the most by members of the social security schemes. Table 4.12: Preferences of a Social Security by Employees Members of the Schemes 1st Preference 2nd Preference The 3rd Preference No. (%) No. (%) No. (%) PSPF 42 26 44 27 25 15 PPF 30 18 38 23 40 24 NSSF 31 19 20 12 11 7 GEPF 20 12 14 9 30 18 LAPF 23 14 10 6 18 10 NHIF 18 11 52 32 40 24 Total Respondents 164 100 164 100 164 100 Scheme Source: Field Data, 2012 – 2013 Table 4.12 establishes that from the randomly interviewed employees from all the schemes it was revealed that 42 out 164 (26%) of interviewed members prefered PSPF. The researcher found this to be relevant because, to their understanding, being at PSPF, they would get huge amount of pensions when they reach retirement age as per Table 4.13. Furthermore, through PSPF employers remits higher percentage of the employee’s contribution than an employee to the Fund. PSPF was followed by NSSF and PPF by 31 and 30 members, each out of 164 (19% and 18% respectively) as first preferred Funds. The reasons of preference given were that PPF provides for education and withdrawal benefits which most members would like they be included in their schemes. NSSF also provides withdrawal and 58 health insurance benefits which are important in curbing unexpected health and economic distresses. The second preferred schemes were NHIF and PSPF. Table 4.13: Pensions Amount from the Existing Social Security Schemes (Retiring at the Salary of TZS 900,000/- Same Service Period) Scheme Amount of Lumpsum Pension Monthly Pension PSPF 37,200,000 200,000 PPF 13,500,000 270,000 NSSF 6,480,000 270,000 GEPF Nil Nil LAPF 37,200,000 200,000 NHIF Nil Nil Source: Field Data, 2012 – 2013 The second scenario in the study looked with regard to this research question was how the scheme is doing in improving the scheme’s sustainability status and in doing that investment activities of the schemes were considered. The study found that almost all the social security schemes were involved in investment activities. Some of the schemes have investment policy documents while others have adopted the Tanzania Investment Policy. Most of schemes claimed that investment activities are core in ensuring that the Funds’ ability of fulfilling the desires of their members are sustainable and thus extending social protection issues to a wider coverage. These schemes invest their funds in a number of ways as provided in most of their annual reports. Mostly these schemes invest in four categories of fixed income assets, properties, equities and licensed collective schemes. 59 Table 4.14: Awareness Regarding Social Security Schemes Investments by Beneficiaries Investment PSPF GEPF PPF NSSF LAPF NHIF Total (%) 2 11 31 5 8 60 37 Awareness Level I know there is 4 investment Not sure 16 15 6 5 12 14 68 41 I don’t know 5 8 9 2 8 3 36 22 Total 25 25 26 38 25 25 164 100 Respondents Source: Field Data, 2012 – 2013 The status of the awareness of members with regard to schemes’ investments for all schemes and each scheme is as indicated in the Table 4.14. Generally, the awareness level of beneficieries on the investment of their schemes is low because those not sure if their schemes invest at 41% which comprise of 68 respondents out of 164. Those who did not know if their schemes invest are 36 which is about 22%. This implies that about 63% of 164 respondents are not aware if their schemes invest funds from their contributions. For the purpose of attempting to establish the awareness of each scheme’s beneficiaries as stated also at chapter five, the study revealed that NSSF and PPF beneficiaries are more aware that their schemes invest (Table no. 4.14). From NSSF 31 out of 38 employees members (82%) interviewed are aware that their scheme 60 invests from their funds. For PPF 10 (40%) out of 25 employees interviewed were found to be aware that PPF invest from their funds. Those members mentioned these schemes to be among the sponsors of constructing the Kigamboni bridge. However the majority of members from other social security schemes were not sure if their schemes invest through their funds. With general comments some respondents were against to such investments and blamed as members they were to be consulted on issues relating to investment of their funds. 4.4 What are Social Security Schemes Doing to Sensitise People on the Functions of Social Security in Tanzania Lack of awareness of the activities and operations of social security schemes, which may be due to limited marketing efforts lead to poor level of competitiveness of the social security schemes in Tanzania. If there is no public education by the social security schemes the issue of social protection to all in Tanzania remains at isolation. Dissemination of information by the social security schemes in Tanzania is core not only for the expansion of those schemes but also for extending coverage of social protection due to the current trend of liberalizing social protection issues within Tanzania. Among the issues this study considered was to look on the issue of sensitisation activities by the social security schemes. The study reveals that almost all the social security schemes are conducting sensitisation activities which include radio and television advertisement programs, participation in National exhibitions such as Saba Saba, Nane Nane and Public Service Week. The most effective sensitisation activities being performed by the schemes include conducting seminars and 61 educational programs to their stakeholders and the public at large, conducting conferences for members and visiting their members and prospective members to educate them about the activities of the respective social security schemes. Table 4.15: Scheme Members’ Awareness on Sensitation Activities Investment PSPF Awareness Level I know there is GEP PPF NSSF F LAP NHI F F Total (%) 5 2 9 20 8 2 46 28 16 15 6 5 12 13 67 40 I don’t know 4 9 10 13 5 10 51 32 Total 25 26 25 38 25 25 164 100 Sensitation and have attended I know there is Sensitation but have not attended Respondents Source: Field Data, 2012 – 2013 Getting the feedback of this from this field study, of the interviewed members of social security schemes 46 out 164 (28%) respondents were aware of sensitization activities of the social security schemes and confirmed to have participated to them (Table no. 415). A large number of the interviewees, 40 out of 164 respondents (40%) suggested to to know about their schemes sensitasation activities. However 32% of the respondents, who denied to have knowledge about such activities which is about (Table No.4.15). Those having knowledge when interviewed referred television advertisements as the main source of sensitation activities by social security schemes. 62 4.5 Discussions of Findings Related to Each Scheme’ Competitiveness 4.5.1 The Social Security Schemes Current Profiles in a Nutshell For the purpose of getting the current profiles of the social security schemes the researcher was capable to have references from a number of literature and through the field survey information which have been presented at parts 4.1 to 4.4 at this chapter. Data obtained are not consistency because they depended on their availability at the respective social security schemes during the time of survey. Most of the schemes have information through their annual reports up to 2011. Briefly Table 4.16 provides a general overview of the social security schemes. The total number of members to all these schemes as by the year 2011 is 1,626,914. Three schemes, GEPF, PSPF and PPF are accountable to the Ministry of Finance, while the NSSF is accountable to the Ministry of Labour. The NHIF and LAPF are accountable to the Ministry of Health and Social Welfare and Prime Minister Office Regional and Local Government respectively. With regard to coverage, previously the NSSF and PPF were the only schemes which covered the private sector employees. Currently after the enactment of the SSRAA, all schemes cover employees from both private and public sectors. With regard to contributions rates, employees registered by PSPF, GEPF, PPF and LAPF contribute 5% of their gross salaries, while employers contribute 15% of the employees’ salaries. For the NSSF, both employees and employers contribute 10% of the employee gross salary. The NHIF registered employees contribute 3% while their employers also contribute 3%. With regard to their establishments and regardless a number of statutory changes the GEPF and 63 LAPF are the oldest schemes while the PSPF and NHIF are the most recent schemes. These schemes are considered individually. PPF 1978 Private and Public sector workers PSPF 1999 Central Governme nt Employees LAPF 1944 Local Governme nt Employees NHIF 2000 Central Governme nt Employees GEPF 1942 Police, military and Governme nt contract workers Current scheme for all employees except police/army and politicians In 2002 eligibility extended to private sector workers Mostly restricted to central Government employees Private sector and government employees 521,629 10 20 Health insurance scheme for central government employees only Scheme for public sector workers not yet appointed as permanent members 10 Accountable Ministry Total Private sector workers Employ er Employ ee Previous Core Coverage 1964 Active Members by the year 2011 Year Established NSSF Contribution Rate Fund Status Name Table 4.16: Profile of Social Security Institutions in Tanzania Mainland Ministry of Labour 180,049 15 5 20 Ministry of Finance 334,255 15 5 20 Ministry of Finance 80,491 15 5 20 Prime Minister Office Regional and Local Government 468,611 3 3 6 Ministry of Health and Social Welfare 41,879 15 10 *Total members for all schemes by the year 2011 is 1,626,914 Source: Available literature and Field data, 2013 25 Ministry of Finance 64 4.5.2 Public Service Pension Fund 4.5.2.1 The Legal Framework Governing the Scheme The Public Service Retirement Benefits Act No. 2 of 1999 was enacted to provide for the establishment of the PSPF and to repeal some older laws, such as the Pension Ordinance of 1954 which was enacted to regulate retirement benefits to civil servants in Tanzania Mainland. PSPF started operating in July 1999 and for the first five years of its existence, no benefits were paid. Benefit payment started in July 2004. According to Public Service Retirement Benefits Act the PSPF is run by a Board of Trustees which comprises of the Chairman who is the Permanent Secretary of the Ministry of Finance and other members. The Board’s functions include to manage and administer the Fund, invest, disbursement of pensions and other benefits, advise the Minister, appoint other employees of the Fund and do all other things proper for the administration of the Fund. The PSPF also has the Director General who is the appointee of the President of the United Republic of Tanzania. The Director General is the Secretary of the Board and subject to the directions of the Board is responsible for the day to day administration of the Scheme. The tenure and other terms with regard to the appointment of the Director General are under the discretion of the President through the instrument of appointment. With regard to constitutionality of PSPF, there is very low understanding of the scheme members on the constitutionality of the scheme because of 25 PSPF members reached during the field survey, only 4 (16%) of them claimed to be with understanding on the constitutionality of their scheme’s governance issues which 65 indicates that members are not involved on issues relating to scheme’s corporate governance (Table No. 4.17). About 21 PSPF members reached which is 84% denied to have understanding of the constitutionality of the PSPF. The applied to employers those have registered their employees to PSPF whereby only 2 out of the 8 reached employers claimed to have understanding on the constitutionality of PSPF which is about 25% implying that employers do not care on the issues of governance in the scheme they remit their employees contributions. Table 4.17: PSPF Employees and Employers Opinion with Regard to the Scheme’s Constitutionality Opinions Understand the Employees Employers Respondents Percentage Respondents Percentage 4 16 2 25 21 84 6 75 25 100 8 100 constitutionality of their scheme Do not understand the issue of constitutionality of their scheme Total Number of Respondents Source: Field Data, 2012 - 2013 With regard to benefits payable by PSPF, through the provisions of law, the PSPF is responsible for the payment of benefits to any civil servant who retires or terminates service. The law provides the years of service taken into account in the pension formula to include the whole period the person was in government service, not just service since July 1999. PSPF covers the permanent and pensionable employees of 66 central government and the contribution rate is 20 per cent of gross salary (5 percent for employers and 15 per cent for employees). PSPF is a leading scheme in providing satisfactory benefits as has been indicated at Table 4.14. 4.5.2.2 Operations PSPF’s core values statement recognises accountability, responsibility, integrity, diligence creativity, promptness, responsiveness; and courtesy to all as the leading values for its performance. The core values statement has been the basis on the operations of the PSPF scheme. The study looked on the scheme’s operations in a number of criteria which included customer care issues, decentralisation, processes and procedures of effecting members’ benefits and the use of new technologies in the performance of day to day duties. Firstly, with regard to customer care, on arriving at the PSPF’s headquarter’s office, you find two staff at the main entrance; they welcome you and friendly they inquire your problem. They do not ask if you have previously arranged for an appointment to visit their office. They just provide directives and record in the computer to capture the number of customers visiting their office. Table 4.18: Opinion of PSPF Beneficiaries Regarding Customer Care Opinions PSPF Percentage (%) Warmly welcomed and effectively attended 23 92 Welcomed but left stranded 2 8 Do not have a good reception at all 0 0 Total Number of Respondents 25 100 Source: Field Data, 2012 - 2013 67 The reception office has enough space to accommodate more than a hundred customers at once and has about sixty seats for customers. Customers do not stand in queues rather they are issued with piece of paper containing a number which is read loudly to inform the customer concerned to go to the desk which he or she would be attended. This is well supported by field data which supports that customers are warmly welcome at PSPF offices as indicated in Table No. 4.18 above. The study reveals that about 92% of interviewed 25 PSPF respondents were satisfied by the manner which PSPF welcomed them which contemplate that PSPF has good customer care. The other aspect which the researcher considered on the operations of PSPF was on the decentralisation of office. PSPF has decentralised its operations in the Tanzania Mainland regions. Plus the headquarter office situated in Dar-es-Salaam but there offices in 21 regions. Though most of the activities with regard to claims are processed at the headquarter in Dar-es-Salaam the regions offices play a major role of direct communications to employers and members at respective regions. Table 4.19: Opinions Regarding PSPF having Decentralised Offices Opinions PSPF Percentage (%) Prefer having zonal offices 23 92 Prefer the situation as it is 2 8 Total Number of Respondents 25 100 Source: Field Data, 2012 - 2013 68 PSPF discourages its members travelling from up country to the headquarter for the purpose of minimising expenses which their members might incur through transport and accommodation in Dar-es-Salaam. Field survey has revealed that PSPF members prefer to have zonal offices because 23 out of 25 interviewed PSPF members support this as indicated in Table 4.19. The study also considered PSPF’s operations with regard to procedures and processes of effecting beneficiries’ benefits. The study established that for a claim of any benefits from PSPF employers play main roles. PSPF offers seven benefits which are old age (retirement) pension, old age gratuity, survivors, death gratuity, funeral grant, disability and withdrawal benefits. For each benefit’s claim the employer initiates the process by informing the employee and submitting the employee’s information to PSPF. However in case of survivors and death benefits, heirs are provided those benefits through the appointed administrators under the Probate and Administration of Estate Act, Cap 352 after they have undergone the court processes on succession and inheritance matters. In claiming most of benefits employees concerned play minor roles as it is their employers who are required to notify the PSPF of all the retirements and submit all the information with regard to concerned retirees or withdrawers. The employer also issue PSPF registration forms for new employees to join the Fund. Employees are only needed to submit to the employer some of information which includes their salary slips for their last months of employment and probably a letter of employments if it happen employers do not have such letters in their official records. 69 Accordingly (PSPF employee, Personal Communications at Sabasaba Exhibition, 2013) PSPF have been improving the process of issuing benefits. It takes less than 3 months to remit pensions (lump sum amount) to the retiree from the date they receive the particulars of such retiree from the employer. This applies to paying other benefits also. However PSPF admits that in some circumstances payments are delayed and this is mostly due to unavoidable circumstances such as submission of incomplete members’ particulars which is usually caused by employers (PSPF Employee, Personal Communications at Sabasaba Exhibition, 2013). PSPF are also observed to be transparent. They have displayed into brochures and their website all the information with regard to calculations of member’s benefits and the processes involved. Member become aware of those information without bothering to visit the office and likely are capable of understanding their entitlements through computing them by their own by studying the PSPF formulas of calculating benefits. Table 4.20: PSPF Members’ Comments on Effectiveness of Procedures and Processes Opinions PSPF Percentage (%) Procedures and processes are good 9 36 Doesn’t understand if procedures and processes are good 3 12 They are not good at all 13 52 Total Respondents 25 100 Source: Field Data, 2013 70 However, field study establishes members to be against the procedures and processes of PSPF in effecting their terminal benefits. The study reveals that of 13 of 25 (52%) PSPF members interviewed complained that procedures and processes of effecting members benefits claims are not good at all. Nine members (36%) stated the procedures are good and only 3 of the 25 (12%) members have stated the procedures and processes are good (Table No. 4.20). In the study it was also considered on the operations of the scheme through the use of information and communication technology. PSPF which has computerised its activities has placed with members’ portal of opening electronic accounts through the PSPF’s website. Through such accounts they are capable of accessing important information with regard to their membership such as the amount of their contributions remitted to PSPF or the amount of pensions for those have qualified. When the researcher visited the PSPF office he found most of PSPF officials are computer friendly and perform most of their activities by using computers. Computer uses starts at the reception room once a customer is welcome to the PSPF’s office. There is an installed at LAN the PSPF headquarter on which employees are capable to interact to each other without moving out of their respective desks. There is very minimal use of paper works. Further PSPF has effective communication through internet between the PSPF headquarter and regional offices (PSPF Employee, Personal Communications at Sabasaba Exhibition, 2013). 71 4.5.2.3 Promotion and Protection of Members Interests PSPF boasts itself by claiming that it has higher reputation of protecting its members interests. First of all, PSPF claim to be paying satisfactory amount of pensions and other benefits to its members if compared to other schemes. The Fund states to be favourable to its members as through the provision of the law, employers a supposed to remit about 15 percent of the employee’s wage and the employee is supposed to remit only 5 percent of his wage. The whole 20 percent of the employee’s wage is supposed to be remitted by the employer because it is the employer who is responsible for making deductions of an employee’s wage (PSPF Employee, Personal Communications at Sabasaba Exhibition, 2013). The investment activities of the PSPF are mainly intended to benefit its members. In the PSPF Annual Report (2011), it is stated that net income from investment increased to TZS 92.3 billion from TZS 60.7 billion recorded in the year 2010, an increase of 52.1 percent. The increase was attributed by recognition of penalty payments for late repayment of corporate loans and increase in dividend declarations. It is stated that (Annual Report, 2011), funds from investments are also a source of fund for paying benefits to members. In the year 2011 PSPF paid about TZS 282 billion as benefits to its members. Of that amount old age pension gratuity was leading as TZS 207 billion were paid to such benefit (this benefit is paid in a lump sum amount), followed by old age pension at TZS 42 billion and death gratuity at TZ 27 billion. Funeral grant was the least amount paid at TZS 274 million (Annual Report, 2011). 72 Table 4.21: Awareness of PSPF Beneficiaries on their Fund’s Investments Investment Awareness Level PSPF (%) I know there is investment 4 16 Not sure 16 64 I don’t know 5 20 Total Respondents 25 100 Source: Field Data, 2013 However, the field study establish that 4 out 25 of PSPF members interviewed (16%) are aware that their scheme invests their funds as is clearly established at Table No 4.21. 64% of PSPF members interviewed are not sure if PSPF invest their funds and those declared not know that PSPF invest their funds was 20%. 4.5.2.4 Sensitisation Activities In sensitization activities, PSPF are doing all what is possible to ensure that their members and the public at large understand the importance social security and their role to its members and the public. In this, information obtained from reveals that PSPF has been involved in a number of sensitisation activities which include exhibitions at Nane Nane grounds in Dodoma and the Public Service Exhibitions in Dar-es-Salaam. PSPF is also been producing a number of brochures which circulated at different places country wide. There are also different TV advertisements which are intended to awake members and the public with regard to benefits provided by the Fund. Regardless, the sensitization activities being conducted PPF admits that their coverage is limited by the provisions of law which previously required PSPF to 73 enroll employees at from the Tanzanian central government only. PSPF coverage is however expected to increase after the SSRAA to has opened door that any of the prospective employee has a right to opt the social security scheme suiting him which is provided under section 8 of the SSRAA, 2008. 4.5.3 Parastatal Pension Fund 4.5.3.1 The legal framework Governing the Scheme PPF was established under sections 4 and 6 of the Parastatal Pensions Act, 1978. PPF is a contributory pension scheme catering for employees of the Central Government and its Executive Agencies, whose terms of employment are permanent and pensionable. PPF’s source of funds is mainly from contributions made by employees at the rate of 20 per cent of each member’s monthly salary - five per cent of it deducted by the employer from the member’s salary, and the remaining 15 per cent being the employer’s contribution. PPF also has other sources of fund which include monies accrued from investments of the Fund, sums as may be appreciated by Parliament for the purpose of the Fund and income and capital appreciation derived from the holding of the assets of the Fund. PPF operates two types of schemes which are Parastatal Pensions’ Scheme (traditional scheme) and Deposit Administration Scheme. Each scheme has different types of benefits to its members. Under the Traditional Scheme, PPF offers old age, disability, death, survivors, education, gratuity, and withdrawal benefits. On the other hand, lump sum or lump sum with annuities is offered under Deposit Administration Scheme (PPF website, 2013). 74 PPF is administered by the Board of Trustees as established under section 17 and the First Schedule of the Parastatal Pensions Act. The Board of Trustees comprise of the Chairman who is the Permanent Secretary in the Ministry of Finance and not less than four and not more than eight other members appointed by the Minister. According to paragraph 3 of the First Schedule of the PPF Act, 1978, members of the Board have the right to continue to hold office for three years and shall be eligible for a re-appointment. The functions of the Board include to manage and administer the Fund, to invest, disbursement of pensions, gratuities and other benefits in accordance with the provisions of the Act, to advise the Minister on matters relating to the administration of the Act, to protect, safeguard and promote the interest of the members and to do all such acts and things as the Board may reasonably be expected to do. Sections 7 and 22 of the PPF Act state generally that the PPF Board is responsible for the management and control of the Fund. Previously the Board designated the Corporation on dealing with the day-to-day administration of the Fund. However, through further amendments of the Act, for example PPF Act’s amendments of 2001, the provision involved Corporation in the day to day administration of the Fund was repealed and instead the Director General position, who is concerned with day to day administration of the Fund, was created. With regard to opinions revealed from this study, PPF members were asked to comment on their understanding on issue of the constitutionality of their scheme and only 6 out of 26 members which is 23% of the members as per Table No. 4.22 75 claimed to understand the way which their scheme is constituted implying that the issue of the constitutionality of their scheme is not a priority to them and thus members are not eligible to intervene in any way when it happens issues of scheme’s good governance are not observed. There is a different understanding on the part of employers those have registered their employees to PPF because 5 out of 8 reached employers, making 63% responded to have understanding on the constitutionality of the scheme. Table 4.22: Members and Employers Opinion with Regard to PPF Constitutionality Opinion Employee Members Response Understand the Percentage Employers Response Percentage 6 23 5 63 20 77 3 37 100 8 100 constitutionality of their scheme Do not understand the issue of constitutionality of their scheme Total Number of 26 Respondents Source: Field Data, 2012 - 2013 4.5.3.2 Operations PPF’s core values statement advocates PPF to achieve its vision through a developed corporate culture in core values which include integrity, commitment, teamwork and innovativeness. As for other schemes, this core values statement has been the base of operations of the PPF Scheme. Through this core value statement issues with regard to customer care, decentralisation, processes and procedures of effecting members’ 76 benefits and the use of new technologies in the performance of day to day duties were considered in this study. With regard to customer care, the researcher visited the PPF headquarter office and the Eastern and Central zonal office at Morogoro. PPF’s officials have positive attitudes to their customers. When a customer steps in she or he is inquired for what assistance should be provided to her or him in a friendly manner. The reception staff explores a customer’s problem and directs her or him to the relevant section for assistance. There are minimal queues of customers in the PPF offices and this has been stated simply due to the system of enabling PPF customers access their basic information through electronic means wherever they might be. The field survey also proves PPF beneficiaries. Table 4.23: Opinion of PPF Beneficiaries with Regard to Customer Care Opinions Responses Percentage (%) Warmly welcomed and effectively attended 16 62 Welcomed but left stranded 6 23 Do not have a good reception at all 4 15 Total Number of Respondents 26 100 Source: Field Data, 2012 - 2013 With regard to decentralization, PPF has decentralised its operations in the Tanzania Mainland regions. Plus the headquarter office situated in Dar-es-Salaam PPF has about five zonal offices country wide. PPF has decentralized almost all activities with regard to their members at zonal offices and thus the headquarter plays a minor 77 role. This has been enhanced by the use of information and communication technology (ICT). Table 4.24: Opinions with Regard to PPF having Decentralised Offices Opinions Respondents Percentage (%) Prefer having zonal offices 16 62 Prefer the situation as it is 10 38 Total Number of Respondents 26 100 Source: Field Data, 2012 - 2013. PPF beneficiaries support to have their office decentralised into zonal offices because of 16 of 26 PPF members reached, which is 62% prefer PPF to have its office decentralized as indicated in Table 4.24. For the processes and procedures of effecting members’ benefits in almost all stages of initiating claims from PPF employers and employees concerned play main roles. For some of the benefit claims payments to members are made by employers themselves. For example if it happen an employee member of the PPF owe an amount of money to the employer, the employer is entitled to deduct the same from the amount to be paid by PPF to the beneficiary. That, the amount of money to be passed through the employer it is rationale is to enable the deduction exercise to be accomplished. In some cases, employees are provided with filled forms to submit them to the PPF office (zonal offices) and in some cases, employers have discretion to submit them, especially when it happens an employee owe money to the employer. 78 It takes about one month for PPF to pay the beneficiary his benefit when it happens all forms relating to the claim are clear. PPF admits that in some circumstances payments are delayed and this is mostly due to unavoidable circumstances such as submission of incomplete members’ particulars which is usually caused by employers and employees themselves (Juma Mwita, Personal Communications at Sabasaba Exhibition, 2013). To avoid such delays PPF has displayed into their website all the information with regard to claim forms needed to be filled when a prospective beneficiary is intending to lodge a claim for any of PPF’s benefit. Field research also confirms the majority of PPF members are satisfied with procedures and processes of effecting their benefits as 58% of the reached respondents stated the procedures and processes to be good (Table 4.25). Table 4.25: PPF Members’ Comments on Effectiveness of Social Security schemes’ Procedures and Processes Opinions Respondents Percentage (%) Procedures and processes are good 15 58 Doesn’t understand if procedures and 4 15 processes are good They are not good at all 7 27 Total Respondents 26 100 Source: Field Data, 2012 - 2013 On the use of new communication technology, most of officials at PPF use computers and in general PPF has also computerised its activities. As other schemes, PPF members are entitled with a portal of opening electronic accounts through the 79 PPF’s website. Through such accounts they are capable of accessing important information with regard to their membership such as the amount of their contributions remitted to PPF by their employers. The website also provide a lot of information of the fund which members can access freely. 4.5.3.3 Promotion and Protection of Members Interests Previously PPF was mandated in providing benefits to employees from the parastatal organizations only. However after the privatisation of most of public sector corporations, the government of Tanzania allowed PPF to have employees members from the private sector employers also. In his statement within the PPF Annual Report (2010), the Director General states that the Fund continued to enhance its marketing capacity for its zonal offices with a view of recruiting more members. As a result of the efforts and strategies employed, the Fund recruited 59,217 new members during the year 2011 as compared to 40,735 members recruited in 2010. PPF considers itself to be favourable to its members as through the provision of the law, it allows flexibility to employer and employees to negotiate on the percentage of contributions. Some employers agree that with their employees that employer has to contribute 15 percent of the employee’s wage and the employee contributes 5 percent of his wage. Some employers agree with their employees that each has to contribute 10 percent. As a practice most private sector employers and employees opt the later scenario (Juma Mwita, Personal Communications at Sabasaba Exhibition 2013). 80 PPF is used to invest its fund in a number of ways. In the PPF Annual Report (2011) it is provided that the Fund’s investments portfolio remained within four categories of fixed income assets, properties, equities and licensed collective scheme. Total investments during the year 2011 were TZS 836 billion which earned the Fund a net investment income amounting to TZS 91.5 billion. Funds coming from investment form a part of funds paid to beneficiaries and the same is invested in most of public projects which benefit the whole of the Tanzanian public. Table 4.26: Awareness with Regard to PPF’s Investments by Beneficiaries Investment Awareness Level Respondents Percentage (%) I know there is investment 11 42 Not sure 6 23 I don’t know 9 35 Total Respondents 26 100 Source: Field Data, 2013 Field research sought members opinion with regard to their awareness on PPF’s investment activities and about 42% of the respondents revealed to be aware that PPF invests on their fund, while 35% respondents (Table no. 4.26) do not know that PPF invest on their funds, implying that PPF has been involving their members to know how their contribution funds are being utilised. With regard to benefits paid in the year 2011 PPF paid about TZS 71 billion as benefits to its members. The highest amount was paid for monthly pension 81 amounting to TZS 27 billion, followed by commuted pensions at TZS 14 billion and gratuity benefit was the least amount paid at the rate of TZS 60 million (PPF Annual Report, 2011). 4.5.3.4 Sensitisation Activities With regard to sensitisation activities PPF conducts annual conferences which involve its stakeholders and any other people interested in social security matters. For example the last year’s Annual Conference was held in Arusha. The theme of the Conference was 'Social Security: Driver of social and economic development' (PPF website, 2013). In that Conference PPF members and employers registered under PPF were given priority implying involvement of PPF relevant stakeholders. PPF also conducts some seminars by targeting a number of their members from particular employers each year. For example when organizations, whether public or private, are established PPF used to go there and educate employees all issues relating to the Fund. Some of the public organizations which PPF conducted a seminar to its employees is the Fair Competition Commission, Fair Competition Tribunal and Tanzania Bureau of Standard (Juma Mwita, Personal Communications at Sabasaba Exhibition, 2013). PPF is also involved in different short break television advertisements in which some activities of the Fund are being disseminated to the public. PPF is among the sponsors of the popular known Independent Television (ITV) program known as “Sports Kizaaza”. However it is well known as to how the program relate to social security issues. 82 The PPF’s website is also used in disseminating most of information relating to the operations of the Fund that enabling not only members but also the public at large to be capable of understand the PPF and social security issues at large. 4.5.4 National Social Security Fund 4.5.4.1 The legal framework Governing the Scheme The NSSF, which replaced the National Provident Fund (NPF), was established by the Act of Parliament No. 28 of 1997. As per its establishment Act, NSSF is a compulsory scheme providing seven long and short term benefits. Long term benefits include retirement, invalidity and survivors’ pensions while short term benefits include funeral grant, maternity, employment injury and health insurance benefits. NSSF covers employers and employees from private sector, government ministries and departments employing non-pensionable employees, parastatal organizations, self-employed or any other employed person not covered by any other scheme and any other category as declared by the Minister of Labour (Section 6 NSSF Act, 1997). NSSF is financed through contributions at the rate of 20% of employees’ salary. The employer is required to deduct from employee’s gross salary the amount of contribution not exceeding 10% of the employee’s salary. The employer adds the remaining balance to make the required contribution rate of 20%. As revealed from its official website, NSSF is a fully funded scheme running under defined benefit principles. All funds collected are wholly invested for the purpose of financing benefit payments (NSSF website, 2013). 83 The NSSF is being managed by the Board of Trustees whose members comprise of the Chairman who is the appointee of the President and other members as stipulated in paragraph 2 of the Second Schedule of the NSSF Act. The provision establishes the duration and terms upon which the Chairman and other board members are required to serve is three years and may be eligible for reappointment. The functions of the Board includes to formulate, implement and review the policy relating to the Fund, to control and administer the Fund, invest monies available in the Fund, provide technical assistance and advisory service for the purposes of promoting social security programmes; and do all such acts for efficient administration of the Fund. According to section 4 of the NSSF Act, NSSF has the Director General who is appointed by the President. The Director General is referred as the Chief Executive Officer of the Board and oversees the daily operations of the Fund. Beside such core function the Director General under the NSSF Act has a wide discretion relating to the Act. The NSSF Act also establishes an office of Social Security Appeals Tribunal referred as the Appeals Tribunal which has jurisdiction to adjudicate appeals against decisions of the Director General on claims for benefit. The Appeals Tribunal consists of a chairman who is a lawyer, and two other members with experience in social security matters. The chairman and members of the Tribunal are appointed by the Minister (Section 83 NSSF Act, 1997). Beside the Appeals Tribunal the NSSF Act has established the Medical Appeals Tribunal which adjudicates on appeals on medical questions relating to benefit 84 claims. The Medical Tribunal consists of a Chairman and two members, all of whom are experienced medical practitioners and are appointed by the Minister (Section 84 NSSF Act, 1997). Table 4.27: Members and Employers Opinion with Regard to NSSF Constitutionality Opinion Understand the Employee Members Employers Response Percentage Response Percentage 12 32 8 100 26 68 0 0 26 100 8 100 constitutionality of their scheme Do not understand the issue of constitutionality of their scheme Total Number of Respondents Source: Field Data, 2013 Among the schemes, NSSF is revealed to have more active registered employers in understanding the constitutionality of the scheme. While a 100% of the reached 8 employers registered by NSSF showed to have understanding on the constitutionality of this scheme, 68% of the 38 reached employees registered by NSSF responded to have no understanding of the their scheme’s constitutionality as indicated in Table No. 4.27 above. This finding implies that, while employers those have registered their employees with NSSF are very concerned with the issue of constitutionality of the scheme, their employees have less concern implying that they consider to have no any impact on the issues relating to the scheme’s governance. 85 4.5.4.2 Operations NSSF’s core values statement provides that the fund will provide services to its members and the general public on the basis of respect on the right of both internal and external customers. Issues of integrity, trustworthiness, innovation and techniques to improve efficiency and productivity, promptness in the delivery of services to internal and external customers, reliability, high levels of dependability and confidence are incorporated in the core value statement. There are also issues of accountability on the actions, deeds and the spirit of teamwork. Through the mentioned core value statement elements the study looked on the issues of customer care, decentralization of the Fund’s activities, processes and procedures of dealing with members’ claims and the use of new communication technology to establish the status of the operations of the NSSF. Regarding to customer care issues, the researcher succeeded to visit the NSSF headquarters office and one of its regional office (Kinondoni NSSF Regional Office). The NSSF office at the headquarter is cool and there are minimal customers who go there for NSSF benefit claims. Visitors and NSSF customers are friendly welcomed at the head office. The reception is well equipped and visitors do not take time to be attended as compared to up country offices (Nelson Mlandali, Martin Mwakyusa, Personal Communications, 2012). The head office has control over customers’ queues and in most cases such queues are found at the regional and district NSSF offices (NSSF Members, Personal Communications, 2012). 86 Table 4.28: Opinion of NSSF Beneficiaries with Regard to Customer Care Opinions Respondents Percentage (%) Warmly welcomed and effectively attended 18 47 Welcomed but left stranded 12 32 Do not have a good reception at all 8 21 Total Number of Respondents 38 100 Source: Field Data, 2012 - 2013 Other NSSF members also commented on the issue of customer care in their scheme and the results indicates that 47% of the 38 reached members stated to have been warmly welcomed and were effectively attended, while 32% of those members stated to have been welcomed warmly but left stranded. 21% of those members stated NSSF to lack good reception at all (Table No. 4.28) On decentralization, NSSF has decentralised its operations in the Tanzania Mainland and almost all regions have NSSF offices and in some cases districts which seems to have an outstanding number of NSSF members are entitled an office within the District. Currently NSSF has about 23 regional offices and 14 district offices in Tanzania Mainland. As other innovative schemes NSSF has decentralized almost all activities with regard to their members at zonal offices and thus the headquarter plays a minor role on dealing with only complex issues. With regard to processes and procedures of effecting members’ benefits, registration of membership to NSSF and claims of benefits from NSSF most depend on employees themselves. The NSSF law requires employers to register new employees to the Fund. Most of the employers in the private sector have been ignoring to 87 register their employees to NSSF with reasons simply that employers evade to pay their part of contributions to the Fund (NSSF Members, Personal Communications, 2012). Mostly, the process of registering to NSSF membership is initiated by either the employer or an employee. The process starts by employer or employee to notify NSSF of the existence of new employments and thus new employees are willing to join the Fund. NSSF issues registration forms to employer or an employee concerned. Those forms are filled and then returned to the NSSF which concludes the registration by issuing membership cards. On the part of claims to NSSF, an employee concerned goes to NSSF and informs them about lodging claims of a relevant benefit. The NSSF after identifying the relevancy of the claim issues a form relevant for an employee to lodge the claim. The employee takes the form to her or his employer and the same is filled by both the employer and employee and returned back to the NSSF ready for processing the benefit concerned. According to NSSF officials most of benefit claims are processed within a month depending on the accuracy of information of the member submitted to them. The only challenge has been the delay of some of employers to remit members’ contributions to the Fund (NSS Operations Manager, Personal Communications, 2012). To simplify the processes and procedures with regard to all the operations of the NSSF the Fund’s website has displayed most of the essential information which members access to understand well on all the issues relating to their claims form the Fund. 88 Table 4.29: NSSF members’ Comments on Effectiveness of Social Security Schemes’ Procedures and Processes Opinions Respondents Percentage (%) Procedures and processes are good 26 68 Doesn’t understand if procedures and 0 0 processes are good They are not good at all 12 32 Total Respondents 38 100 Source: Field Data, 2012 - 2013. Comments from NSSF members on the effectiveness of processes and procedures on dealing with their claims reveals about 68% of the 38 NSSF reached members to be satisfied that the procedures and processes are good while 32% commented the processes and procedures are not good at all (Table no. 4.29). This field finding is supplemented by personal communications (Nelson Mlandali, Martin Mwakyusa, Personal Communications, 2012), that NSSF have open procedures which members once fulfill what they are required to do on their part they are paid their benefits immediately. There was also consideration on the issue of the use of new communication technology that NSSF uses computers into most of its activities. As other schemes members are entitled with a portal of opening electronic accounts through the NSSF’s website. Through such accounts NSSF members are capable of accessing important information with regard to their membership such as the amount of their 89 contributions remitted to the Fund by their employers. The website also provide a lot of information of the Fund which are not only for members to access but the public at all can access easily and freely. 4.5.4.3 Promotion and Protection of Members Interests NSSF claims to be the best scheme for private sector employees because it is an only scheme which pays maternity benefits to female employees members registered by the scheme. The scheme has highest number of members at a tune of 521,629 members in the year 2011 (NSSF Annual Report, 2010/2011). Under the NSSF employers and employees remit to the Fund an equal percentage of the employee’s wages which is 10 percent each. The employer after deducting the 10 percent of the employee’s wage adds 10 percent as part of contribution and remits the same to the Fund. NSSF is also a leading scheme in investments. According to the Director General’s statement (NSSF Annual Report, 2010/2011) as a result of investment activities, NSSF’s investment portfolio as by 30th June 2011 had accumulated to TZS 1,216,624.50 million compared to TZS 1,029,206.18 million on 30th June 2010. The amount reflected a growth rate of 18.2%. Likely, the investment income for that period increased from TZS 86,453.76 million in the year 2010/11 to TZS 90,509.38 million in the year 2010/11. This reflected an increase of 4.7%. Regardless the returns of the investment the Director General once admitted that returns of investment have never been satisfactory due to the non performance of the 90 loan portfolio which is mainly caused by non complying borrowers and the prolonged legal action procedures once the defaulters were taken to court (NSSF Annual Report, 2007/2008). He also admits that the is a challenge of unfair competition in registration of members which he provides the solution that NSSF will continue to be a fair player despite the fact that some social security institutions are rough players. The strength of the Fund to convince new joint and existing members retain their membership will be on improving service delivery, improving benefits and expanding benefits range through introduction of supplementary benefits which meet the evolving needs of the members (NSSF Annual Report, 2010/2011). Table 4.30: Awareness Regarding to NSSF’s Investments by Beneficiaries Investment Awareness Level Respondents Percentage (%) I know there is investment 31 82 Not sure 5 13 I don’t know 2 5 Total Respondents 38 100 Source: Field Data, 2012 - 2013 Through field survey NSSF members were considered to more aware with the existence of investment activities in their scheme because about 82% of the 38 employees reached by the researcher commented to be aware that NSSF invest in their funds. 13% of the 38 reached employees were not sure that the scheme invests in their funds while 5% only claimed to have no knowledge if their scheme invests 91 on their funds (Table 4.30). This reflects that employees in NSSF are very aware that their contributions are being utilised in investments and as supplemented by some oral interview (Nelson Mlandali, Martin Mwakyusa, Personal Communications, 2012) there were very positive elaborations that NSSF is investing in a number of big projects countrywide and the Kigamboni Bridge was mentioned to be among the projects which are being financed by NSSF. With regard to benefit payments in the year 2010/2011 NSSF paid about TZS 136,596.50 million as benefits to its members compared to TZS 110,135.33 million in the year 2009/2010 a difference of increase of 24% (NSSF Annual Report, 2010/2011). The category of members benefits paid included withdrawal benefits which was the leading benefit paid in terms on money in which TZS 106,221,067 million were paid, while invalidity benefit was the least benefit paid in terms on money for which TZS 4,566 million were paid (NSSF Annual Report, 2010/2011). However, the report does not disclose the number of beneficiaries paid generally or to each category of benefits paid. 4.5.4.4 Sensitisation Activities Among the sensitization activities being conducted by NSSF include enhancing relationship of the Fund with different stakeholders for the purpose of enabling those stakeholders disseminate information about NSSF and social protection as well. In the year 2010/2011 a total of TZS 379.92 million was used as donations in areas of health, education, women and children and other social causes. This includes outdoor campaigns in the form of publicity through the use of sponsoring of major events (NSSF Annual Report, 2010/2011). 92 NSSF also participates in major exhibitions country wide. The Fund utilized these occasions to enhance public awareness. Among others, NSSF have been participating in the International Trade Fair events (Saba Saba), Nane Nane exhibitions, May Days, Investors Forums and the Civil Servants Weeks (NSSF Annual Report, 2007/2008). Through own observations NSSF has also been involved in the production of a number of brochures which are distributed to different people and is also involved in airing some of its announcements in different media including televisions short breaks advertisements. There is an NSSF week annually on which NSSF celebrate by conducting some competitions and other events. For example for the year 2007/2008 NSSF renovated a radiology room at the Ocean Road Cancer Institute (NSSF Annual Report, 2007/2008). 4.5.5 Government Employees Pension Fund 4.5.5.1 The legal Framework Governing the Scheme GEPF covers non-pensionable government employees, i.e., those who are not eligible for membership of PSPF. The membership of GEPF mainly comprises nonpensionable police and prison officers. GEPF is a provident fund, which means that no pension is provided. At time of retirement, death, invalidity or employment termination, the GEPF provides for the refund of contributions paid plus accumulated interest to the member. Members of GEPF with 12 years of service become pensionable government employees and are transferred to PSPF and this process involves a transfer of accumulated contributions with interest to PSPF. 93 The GEPF was established by Provident Fund (Government Employees) Ordinance, Cap 51. This Fund is administered under the Ministry of Finance. The Principal Secretary to the Ministry is responsible in appointing a Board of Management which is responsible for the control and management of the Fund in accordance with the provisions of the law and regulations made under the law. The Board consists of a Chairman who is nominated by the Principal Secretary from Ministry and at least two members, one of whom is a person who is capable of representing the interests of the depositors or the satisfaction of the Principal Secretary. Section 3 of Provident Fund (Government Employees) Ordinance provides that three of those members may form a quorum. The appointed members hold office for such time as may be specified in their respective appointment instruments. The expenses of management and administration of the Fund are paid out of the Fund. The moneys paid into the Fund, so far as practicable are invested by the Principal Secretary to the Ministry on behalf of the Fund in such security or securities yielding interest as the Board approves, or with the approval of the Board, may be deposited by him in the savings bank. Subject to the directions of the Board, the Principal Secretary keeps a separate account for the moneys of the Fund and supplies such information relating thereto as the Board from time to time requires. The Board submits to the President as soon as practicable after the end of each financial year a full statement showing the working of the Fund and all claims containing full particulars of all transactions connected with the working of the Fund. The accounts of the Fund are audited by the Controller and Auditor General 94 and are published in the Government (Provident Fund (Government Employees) Ordinance, Cap. 51). GEPF members also opined about their scheme’s constitutionality and the result revealed 88% of the 25 reached members do not understand the issue of the constitutionality of their scheme while 12% of those members do understand how their scheme is constituted. On the part of employers those have registered their employees with GEPF, 87% of the 8 reached employers also claimed to have less understanding of the constitutionality of GEPF’s scheme (Table 5.16). The researcher observed this finding to be related directly to the provisions of law because, the Government (Provident Fund (Government Employees) Ordinance, Cap. 51 seems to be unclear in addressing how the current top management of the scheme is being recruited and thus seems to be the infringement of principles of transparency in corporate governance. Table 4.31: Members and Employers Opinion with Regard to GEPF Constitutionality Opinion Employee Members Response Understand the constitutionality Percentage Employers Response Percentage 3 12 1 13 22 88 7 87 25 100 8 100 of their scheme Do not understand the issue of constitutionality of their scheme Total Number of Respondents Source: Field Data, 2012 - 2013 95 4.5.5.2 Operations The GEPF core values with regard to its operations are: accountability, transparency, to behave like owner, result oriented, excellence and integrity. As for other schemes, these core values within GEPF can be established in a number of its operations aspects which include issues of customer care, decentralization of the Fund’s activities, processes and procedures of dealing with members’ claims and the use of new communication technology. On the issue of customer care, the researcher himself visited the GEPF’s headquarter office at Dar-es-Salaam and was welcomed by the receptionist. The reception office has small space reasonably as visitors, especially members, are taken straight to relevant desk officers dealing with their queries. The receptionist uses phones to contact respective officers for customers and at the same time records in the computer the number of visitors to capture their statistics. At GEPF there are no visitors’ queue unless otherwise and that there is a television set which visitors watch when it happen they are told to wait for few minutes. Table 4.32: Opinion of GEPF Beneficiaries with Regard to Customer Care Opinions Respondents Percentage (%) Warmly welcomed and effectively attended 13 52 Welcomed but left stranded 8 32 Do not have a good reception at all 4 16 Total Number of Respondents 25 100 Source: Field Data, 2012 - 2013 96 Opinions from reached GEPF members reveal 52% of the 25 GEPF reached members claimed to have observed satisfactory welcome at GEPF, while 32% of those members suggested GEPF to have no good reception at all (Table No. 4.32). This statistics confirms GEPF to have good customer care to their customers. With regard to decentralization, GEPF has recently decentralized its office as three offices have been opened by GEPF in Mafinga, Mwanza and Tanga. However most of members dealings are still being performed at the headquarter and thus employers of the GEPF members perform more functions with regard to GEPF members and what is submitted to GEPF as a claim is easily accomplished. According to information obtained at the GEPF headquarter up-country offices are mostly used as offices which claims may initially be processed before being submitted to the headquarter for accomplishments (GEPF Operations Manager, Personal Communications, 2012). Table 4.33: Opinions with Regard to GEPF having Decentralised Offices Opinions Respondents Percentage (%) Prefer having zonal offices 13 52 Prefer centralised office 12 48 Total Number of Respondents 25 100 Source: Field Data, 2012 - 2013 GEPF members support decentralization of their office as supported by 52% of the 25 reached members while 48% of those members prefer having centralised office (Table No. 4.33). The respondents statistics on this were supplemented by oral testimony by some of them who testified that it makes no difference having or not 97 having zonal offices because to them information technology has simplified the activities of the scheme’s interacting with their members (Personal Communications with GEPF members, Saba Saba Exhibitions, 2013). For processes and procedures of effecting members’ benefits, registration of membership to GEPF is automatic. New employees to from Police Force, Prison Department and other Government departments employing in specific period of time are registered to the Fund. The Fund also registers voluntary members like member of parliaments and executive officers heads of different government departments and thus their registration are mostly conducted by from the marketing department of the Fund and the Fund officials do the registration by themselves. When claiming benefits from GEPF, employer cause to be filled a relevant form which an employee takes to the GEPF office. The employer, however, may assist to submit the form though follow ups of the claims are usually done by the employee specifically when claiming for withdrawal benefits. When applying for loans, usually the employer assists the beneficiary in almost all stages because at last it is the employer who makes commitment to the GEPF to be remitting the amount of money for loan repayment. According to GEPF (GEPF Operations Manager, Personal Communications, 2012) most of benefit claims are processed within a week mostly depending on the accuracy of information of the member submitted to them by the employer and the beneficiary himself. Essential information with regard to lodging claims at GEPF are displayed at GEPF website. 98 Table 4.34: GEPF Members’ Comments on Effectiveness of Social security Schemes’ Procedures and Processes Opinions Respondents Percentage (%) Procedures and processes are good 16 64 Doesn’t understand if procedures and processes 6 24 are good They are not good at all 3 12 Total Respondents 25 100 Source: Field Data, 2012 - 2013 Members of GEPF support that the processes and procedures of effecting members benefits are good as 64% of the 25 reached members affirm this, while 24% of those members claimed to have no understanding that the scheme’s processes and procedures are good. 24% of those members claim the procedures and processes to be not good at all (Table no. 4.34). General comments establish that GEPF members do not have any complaints against the processes and procedures which their scheme are applying in effecting their benefits. With regard to the use of new communication technology, GEPF has attempted to be a digital office as most of internal and external transactions are done electronically. Members of GEPF have access to their information with regard to their membership in the Fund, for example members can be aware of the amount of their contributions remitted to the Fund by their employers. 4.5.5.3 Promotion and protection of members interests GEPF has mandate, through the provisions of its Act, to deal with employees from designated government organizations which are Police Force, Prison Department and 99 other Government departments. However recently GEPF has established the Voluntary Savings Retirement Scheme (VSRS) under which Tanzanians from different sectors, employed, self employed and political leaders are encouraged to join. Under this scheme members voluntarily joins the GEPF and after retiring they are offered with their accrued benefits as other members of the Fund. Under GEPF every employee is liable to pay 10 percent of his salary as monthly contribution while every employer is liable to pay 15 percent of the employee's salary as monthly contribution in respect of that employee. As other Funds GEPF makes investments of its funds, the GEPF’s investment is guided Investment Policy to ensure all investments are made in areas with optimum returns. The Fund’s investments are in different portfolio including government securities, fixed deposit with commercial banks, corporate bonds, listed shares at the Dar-es-Salaam stock exchange, loans and real estates. Table 4.35: Awareness Regarding GEPF’s Investments by Beneficiaries Investment Awareness Level Respondents Percentage (%) I know there is investment 2 08 Not sure 15 60 I don’t know 8 32 Total Respondents 25 100 Source: Field Data, 2012 - 2013 100 During the year 2010/2011, the Fund Investments increased to TZS. 101 billion which is 22.83% higher than the previous year where investments were valued at TZS. 81.6 billion which realised income amounting to TZS 10 billion, an increase of 27.49% when compared to the previous year 2009/2010 income of TZS 7.7 billion (GEPF Annual Report, 2010/2011). Views from GEPF members with regard to their scheme’s investment activities establish the majority of members to be unsure if their scheme invest in their funds. This is observed by 60% of the 25 reached members responding not to be sure if their scheme invest in their funds. Those with understanding that their fund invest is only 8% of the 25 interviewed members establishing a fact that GEPF is not popular to its members with regard to its investment activities (Table No.35). Among the four important responsibilities of the Fund is to pay benefit to retirees. To GEPF it is a critical responsibility that the Fund’s retirees are paid promptly upon retirement or completion of their employment contracts. During the year 2010/2011 GEPF paid benefit to members’ amounting to TZS 3.6 billion which is 10.58% higher when compared with previous year 2009/2010 benefits which amounted to TZS 3.3 billion. The benefit paid included transfers to Public Service Pension Fund for members’ who graduated to pensionable status (GEPF Annual Report, 2010/2011). 4.5.5.4 Sensitisation Activities Awareness campaigns are carried out by GEPF to increase public awareness on GEPF and its activities. Different promotional strategies are employed targeting the 101 general public aimed at specific groups. Radio and television advertisement programs, participation in exhibitions such as Saba Saba, Nane Nane and Public Service Week are being used to reach the general public. Besides conducting Annual General Meeting to its stakeholders GEPF also carries out different seminars with Police Force, Prison Department and other Government departments and these seminars lead to new members’ registration (GEPF Annual Report, 2010/211). 4.5.6 Local Authorities Pensions Fund 4.5.6.1 The Legal Framework Governing the Scheme LAPF began operating in 1944, and ceased doing so between 1972 and 1986, when it restarted as a result of the Government’s decentralization policy. LAPF was a provident fund until 2006 when it was converted into a defined-benefit pension scheme by the Local Authorities Pensions Fund Act No. 9 of 2006 causing it to offer retirement benefits similar to those of the PSPF. LAPF covers local authority employees but is in the plan of seeking ways of extending its coverage. Benefits provided by LAPF are old age, death, gratuity, invalidity and withdrawal for maternity, marriage, emigration and departure from service. The LAPF’s responsibilities include collection of contributions from local government employees and any other institutions or persons who wish to be members. The contributions to the Fund include 5 or 10 percent of the employee’s wages and 10 or 15 percent of employee’s wage from the employer side. According to section 7 of the LAPF Act, the Fund is being managed and administered by the Board. The Board members include the Chairman, who is the Permanent Secretary of the Ministry responsible for local government, the 102 Permanent Secretary in the Ministry of Finance and other members as stipulated in paragraph 1 of the First Schedule of LAPF Act. The functions of the Board includes to manage and administer the Fund, protect, safeguard and promote the affairs of the members of the Fund, advise the Minister, appoint other officers of the Fund and any functions as stated in the LAPF Act. The LAPF has the Director General also who is responsible in carrying out day to day the management and operations of the business and affairs of the Fund. The Director General is the appointee of the President though is being performing his duties as per directives given to him by the Board. The Director General’s terms of service are under the discretion of the President and are provided to him within the appointment instrument referred in section 8 of the LAPF Act. Table 4.36: Members and Employers Opinion with Regard to LAPF Constitutionality Opinion Employee Members Response Understand the Percentage Employers Response Percentage 9 36 5 63 16 64 3 37 25 100 8 100 constitutionality of their scheme Do not understand the issue of constitutionality of their scheme Total Number of Respondents Source: Field Data, 2012 - 2013 103 During field survey LAPF members commented on the constitutionality of their scheme and it was revealed that about 64% of the 25 reached members were observed to have no understanding of the constitutionality of their scheme (Table No. 4.36). The observations on the side of employers is different, because 63% of the reached 8 employers those have registered their employees with LAPF claim to understand the constitutionality of LAPF (Table No. 4.36). This results reflects a fact that LAPF employees are not so much concerned with issues of governance on their schemes when compared to their employers. 4.5.6.2 Operations LAPF’s core values for accomplishment of LAPF mission are: member focus, professional ethics, integrity, innovativeness, transparency, accountability, teamwork, excellence, social responsibility and respect for human being. Implementation of this core value statement is considered into four aspects which the researcher has been considering into other funds. These operations aspects include issues of customer care, decentralization, processes and procedures of dealing with members’ claims and the use of new communication technology. Regarding customer care, the reception of the LAPF headquarter office in Dodoma is well furnished and attractive to customers. The reception staffs are kind and well trained on issues of customer care. Visitors are recorded in the visitors’ book and are responded to their queries in friendly manner. The receptionist uses a phone to contact respective officers for a waiting customer. 104 Table 4.37: Opinion of LAPF Beneficiaries with Regard to Customer Care Opinions Respondents Percentage (%) Warmly welcomed and effectively attended 10 40 Welcomed but left stranded 8 32 Do not have a good reception at all 7 28 Total Number of Respondents 25 100 Source: Field Data, 2012 - 2013. LAPF members also revealed LAPF to have good customer care because of the 25 reached members, 40% claimed to have observed warm welcomes at LAPF offices, while 32% claimed to be welcomed but were left stranded. Whereas 28% of those members claimed LAPF to have no good reception at all (Table No. 4.37). Table 4.38: Opinions with Regard to LAPF Having Decentralised Offices Opinions Respondents Percentage (%) Prefer having zonal offices 15 60 Prefer centralised office 10 40 Total Number of Respondents 25 100 Source: Field Data, 2012 - 2013. On decentralisation, LAPF as other Funds has decentralised its office to five zones country wide. Most of members dealings are performed at zonal offices and the headquarter plays major roles and mostly in complex dealings. LAPF members also support decentralization of their offices because of the 25 members reached 60% prefer to have zonal offices while the remaining 40% prefer centralized office (Table 4.38). 105 The processes and procedures of effecting members’ benefits at LAPF is automatic to employees employed to Tanzanian local government. New employees are registered to the Fund soon after they are employed because local governments do have LAPF membership registration forms ready in their offices (LAPF Member, Personal Communications, 2012). When claiming benefits from LAPF, employers play major roles because the ways the forms are designed provide the mandatory authority for employer to certify them before the same are taken to LAPF relevant office to process the respective benefits. According to the Controller and Auditor General Report (2010) benefit claims from LAPF are been processed within a period of one month from the date lodged mostly depending on the accuracy of information of the member submitted to them by the employer and the beneficiary himself. Essential information with regard to lodging claims at LAPF are displayed in the LAPF website. Table 4.39: LAPF Members’ Comments on Effectiveness of Scheme’s Procedures and Processes Opinions Respondents Percentage (%) Procedures and processes are good 6 24 Doesn’t understand if procedures and processes 5 20 are good They are not good at all 14 56 Total Respondents 25 100 Source: Field Data, 2012 - 2013 106 Field survey reveals that LAPF members do not admire the processes and procedures in which LAPF is applying in effecting members benefits. This is because 56% of the 25 reached members claim the procedures are not good at all, while only 24% of those members claim the procedure to be good (Table 4.39). With regard to the use of information technology, LAPF is growing rapidly to becoming the digital organization through the use of new communication technology. According to LAPF official at Dodoma some 5 years ago, most of LAPF activities were paper work and thus delayed a lot of transactions relating to members. Currently members are well facilitated with computerised system under which they are able to view their membership status and likely can access all forms relating to registration or claims of benefits (Personal Communications, Dodoma LAPF Official). 4.5.6.3 Promotion and Protection of Members Interests LAPF is mandated to deal with employees at the local government in Tanzania Mainland; however, recently the Fund has extended its scope to recruiting members from different sectoral employees including self employed people students at the higher learning institutions and political leaders. According to LAPF, members contributions increased from TZS 11.84 billion in June 2005 to TZS 29.07 billion by end of June 2008; a growth of 145.59%. Agreements were signed with employers on settlement of contributions in arrears, a measure that has lead to enhanced compliance levels (LAPF website, 2012). With regard to contributions employee is liable to pay 5 percent of his salary as monthly contribution while every employer is liable to pay 15 percent of the employee's salary as monthly contribution in respect of that employee. 107 LAPF invests its funds as other funds do. Of the total investment portfolio of LAPF of TZS 80.1 billion in June 2006, 65 percent was invested in fixed income securities, 28 per cent in real estate and 17 percent in shares. Of the fixed-income portfolio, 84 per cent was invested in government securities, 7 per cent is invested in corporate bonds and 8 per cent in long-term loans (International Labour Organisation, 2008). Given the reason that the researcher did not obtain recent data from LAPF current or latest annual reports the data relied do not show the current status of investments in LAPF. Table 4.40: Awareness Regarding LAPF’s Investments by Beneficiaries Investment Awareness Level Respondents Percentage (%) I know there is investment 5 20 Not sure 12 48 I don’t know 8 32 Total Respondents 25 100 Source: Field Data, 2012 - 2013. With regard to LAPF’s members knowledge on investment activities, most of the reached members during the field research indicate to be unsure if LAPF invest on their funds as witnessed by 48% of the 25 reached members. It is only 20% of those members claimed to have knowledge that LAPF invest their funds while 32% stated not to know if LAPF invest on their funds (Table 4.40). Among the four important responsibilities of the Fund is to pay its beneficiaries. All in the entire researcher was not capable to obtain recent information of the amount of money which has been paid as benefits to graduating members. By relying the data 108 of the year 2005/2006 LAPF paid about TZS 6.5 billion as benefits to its members (International Labour Organisation, 2008). 4.5.6.4 Sensitisation Activities Recently LAPF inaugurated advertisements in different media for the purpose of publishing itself to the public. LAPF has been involved in the production of a number of brochures which are distributed to different people and participates in major exhibitions country wide in the International Trade Fair events (Saba Saba), Nane Nane exhibitions, May Days, Investors Forums and the Civil Servants Weeks (LAPF Members, Personal Communications, 2012). 4.5.7 National Health Insurance Fund 4.5.7.1 The Legal Framework Governing the Scheme The NHIF which is established by section 4 of the National Health Insurance Fund Act, 1999 and began operating in July 2001 and is currently, after the Government, the main provider of health services in Tanzania Mainland. The NHIF which is planning new ways of extending membership such as offering coverage to old-age pensioners, its membership is compulsory for all public-sector employees and includes their dependants – the spouse and up to four children and/or legal dependants. NHIF was established to allow the Government to offset some of the national health costs through: payment of the employees’ contributions, to allow public-sector employees greater choice in health care and its providers and to improve the range of health services by fostering the development of private health providers. NHIF offers a range of benefits, including basic diagnostic. The benefits 109 offered by NHIF involves mostly on health issues which ate tests, drugs, out-patient services, in-patient services and minor and major surgery. According to section 29 of the NHIF Act, the NHIF is administered by the National Health Insurance Board. The Board comprises of the Chairman and other members as set out in paragraph 2 of Schedule of the NHIF Act. All these members are appointed by the Minister responsible on health affairs and serve a period of three years with possibility of re-appointment to a one further term. Among others the functions of the Board as stipulated under section 30 include to organise the Fund’s office, appoint personnel, fix their salary and other remuneration as may be deemed necessary and upon recommendation by the Director General, to supervise the provision of health benefits and to inspect medical and financial records pertaining to the Fund health care providers and beneficiaries, etc. The NHIF has the Director General who is the appointee of the Board. The Director General acts as the Secretary to the Board and is responsible for the general conduct of the operations and management functions of the Fund and for other duties assigned to him by the Board from time to time. The law does not state the tenure with regard to the position of the Director General which is implied to be under the discretion of the Board. Recently, the NHIF was assigned to administer the Community Health Fund Act, 2001. The Community Health Fund (CHF) was established as an alternative to the fee-for-service schemes. As by 2008, 29 districts of Tanzania Mainland had accessed to the programme and to the matching grants from the Ministry of Health and Social 110 Welfare. The CHF establishing Act, the Community Health Fund Act, 2001, creates levels on which the CHF is being managed which includes district, ward and village levels. The schemes are based on a prepaid amount according to individual or family contributory capacity instead of the payment of a fee for service. The level of prepaid contributions is determined by the local government authority (International Labour Office, 2008). Table 4.41: Members and Employers Opinion with Regard to NHIF Constitutionality Opinion Understand the Employee Members Employers Response Percentage Response Percentage 6 24 2 25 19 76 6 75 25 100 8 100 constitutionality of their scheme Do not understand the issue of constitutionality of their scheme Total Number of Respondents Source: Field Data, 2013 Most of NHIF members are not aware on the issue of their scheme’s constitutionality as field study reveals that 76% of the reached 25 NHIF members do not understand the issue of constitutionality of their scheme and only 24% of those members claim to be aware on the constitutionality issue in their scheme. For employers those have registered their employees with NHIF, 75% of the 8 reached employers are also not aware on the issue of constitutionality with NHIF (Table No. 4.41). These results 111 establish facts that employees and employers members of NHIF are not so much attracted in assessing the issues of good governance in their scheme. 4.5.7.2 Operations NHIF core value statement provides for operations are guided by provision of high quality services promptly, effectively and courteously. To be a good corporate organization acting in the best interests of the members and To be responsible stewards of the funds with which the Fund is entrusted. Furthermore NHIF commits to promote responsiveness and innovation towards evolving needs of the members and to be accountable to the stakeholders of the Fund and work through a teamwork spirit. Operations of this Fund as looked by the researcher are considered from those core values stipulations by looking specifically to issues of customer care, decentralization of the Fund’s activities, processes and procedures of dealing with members’ claims and the use of new communication technology. With Customer Care issues, NHIF is among the Funds having a lot of active members possibly health issues in Tanzania are very sensitive and thus it is so expensive to incur medical expenses without being supported. NHIF offices are always flooded by its members. When the researcher visited the NHIF headquarter he found its reception well furnished and attractive to customers and there are prompt welcomes upon arrivals of the customers. Customers having problems are provided with an opportunity of expressing their queries in a friendly manner and assistance is provided to them as soon as possible. The researcher succeeded a meet an NHIF member who was coming from Muhimbili National Hospital to be assisted 112 with an authority to access some category of medications which were found to be out of the list of medication agreed upon that hospital and NHIF. The member took about 15 minutes to have her query settled. NHIF members revealed NHIF to have good reception to its customers because 64% of the 25 NHIF members reached in this study commented to have observed warm welcomes at NHIF office. Its only 12% of those members commented that NHIF has no good reception at all while 24% of those reached members stated that they were welcomed but left stranded (Table No. 4.42). Table 4.42: Opinion of NHIF Beneficiaries with Regard to Customer Care Opinions Respondents Percentage (%) Warmly welcomed and effectively attended 16 64 Welcomed but left stranded 6 24 Do not have a good reception at all 3 12 Total Number of Respondents 25 100 Source: Field Data, 2013 With regard to the issue of decentralization, including the headquarter, NHIF has decentralized its office to 19 zones country wide. Most of members dealings are performed at zonal offices though there are some of issues are executed only at the headquarter, for example processing of membership cards. Members of NHIF have positive support on the decentralised NHIF office because of the 25 members reached in this study 64% revealed to have zonal offices while those prefer centralized office were only 36% (Table No. 4.43). 113 Table 4.43: Opinions with Regard to NHIF having Decentralised Offices Opinions Respondents Percentage (%) Prefer having zonal offices 16 64 Prefer centralised office 9 36 Total Number of Respondents 25 100 Source: Field Data, 2012 - 2013 On processes and procedures of effecting members’ benefits, registration of membership to NHIF is automatic to employees employed to Tanzanian central government and some of government agencies which are financed by the Treasury. However NHIF has liberalized the scope of membership to include individuals in self employment and has been the trustee of most of Community Health Funds established under the CHF Act. Beneficiaries of the NHIF are provided with identity cards for identification and verification to facilitate access health services at accredited facilities anywhere within Tanzania. Through a number of members interviewed the exercise of receiving NHIF medical insurance cards takes longer time to be delivered to applicants and especially members at regions which are far from NHIF headquarter it takes about four to six months for one to be issued with a card though there are alternatives of one being issued a temporary identification letter on which a member may be capable to access NHIF’s medical benefits (NHIF Members, Personal Communications, 2012). 114 Table 4.44: NHIF Members’ Comments on Effectiveness of Scheme’s Procedures and Processes Opinions Respondents Percentage (%) Procedures and processes are good 11 44 Doesn’t understand if procedures and 5 20 processes are good They are not good at all 9 36 Total Respondents 25 100 Source: Field Data, 2012 - 2013 However field survey indicate that NHIF members generally consider processes and procedures to be suitable because 44% of the 25 interviewed NHIF members revealed the procedures and processes to be good while 36% commented them to be unsatisfactory (Table No. 4.44). There were also those stated not to understand if the procedures and processes are good counting to 20% of the interviewed 25 NHIF members as indicated at Table No. 4.44. With regard to the use of new communication technology, NHIF besides having a website it is speeding up to become a digital organization. Most of transactions are done in a computerized manner. NHIF members are facilitated with a portal through which they are capable to view the NHIF insurance cards applications status. The website includes also a lot of information which enables members and the public at large to be aware of how they can access NHIF benefits. 115 4.5.7.3 Promotion and Protection of Members Interest According to NHIF the membership identity cards come in colors. There are two membership status colors for the issued cards, which are brown and green which currently constitute 96%, and 4% of the total identity cards, respectively. Green cards are issued to senior members of the public service, whereas brown cards are issued to other categories of employees. Members are allowed to access services at any accredited health facility within the country regardless of the type of identity cards they carry. While green card holders have direct access to specialized hospitals without following the referral system, the brown card holders need referral letters to access services at specialized hospitals, when need arises. Notwithstanding the difference in identity cards’ colour, the service package is the same for both (NHIF website, 2012). The NHIF’s benefits package consists of ten benefits which are: Registration and Consultation Fees, Outpatient Services, Medicines, Diagnostic Tests, Inpatient Services, Surgical Services, Physiotherapy, Optical Services, Orthopaedics and Dental Services. The providers issue medicines based on the National Essential Medicines List and an additional list drawn by NHIF in regard to the regulation of using Generic formulations, adherence to the mutually agreed NHIF Medicines Price Schedule with respective medical providers. The price schedule is prepared after taking into account macroeconomic changes such as prices, inflations, and any other relevant economical indicators (NHIF website, 2012). On the part of CHF, this is a voluntary scheme under NHIF as a pre-payment council’s based scheme aimed at facilitating the community to access health care at 116 an affordable premium that is determined by the community itself. Available data indicates that NHIF beneficiaries have been increasing gradually from 1,971,251 as of 30th June 2010 to 5,867,140 in the year 2011 (the increased amount includes 3,368,220 beneficiaries of CHF) with benefits paid in the year 2011amounting to TZS 44.3 billion (NHIF Facts Sheet, 2001/2002 - 2010/2011) . NHIF’s other sources of income includes investments in short-term securities in accordance with section 33(d) of the NHIF Act. Through NHIF Annual Report of 2010 income from investments is the second largest source of income after contributions. Investments income increased by 4.2% from TZS 16.3 billion in 200809 to TZS 17.1 billion in 2009-10. The Fund is required by the law to invest in short term investments such as treasury bills and fixed deposits. The NHIF investment policy follows four investment principles which govern investment of Health Insurance Funds, these are: Safety, Yield, Liquidity and Economic and Social Utility (NHIF Actuarial and Statistical Bulletin, 2010). Table 4.45: Awareness with Regard to NHIF’s Investments by Beneficiaries Investment Awareness Level Respondents Percentage (%) I know there is investment 8 32 Not sure 14 56 I don’t know 3 12 Total Respondents 25 100 Source: Field Data, 2012 - 2013 The majority of NHIF members are not aware that there investment activities within the Fund as witnessed by 56% of the 25 interviewed members whom stated to be unsure if the Fund invest their funds while 32% affirm that there are investment 117 activities and 12% of those members do not know if there are investment activities by the Fund (Table No. 4.45). 4.5.7.4 Sensitisation Activities As at 30th June 2010, NHIF had conducted advocacies to 243,251 stakeholders which is a 13% increase, compared to 215,830 stakeholders in 2008-09. The awareness and education campaign programs proved to be useful not only to members, but also to other stakeholders as indicated by the decline in complaints from the beneficiaries of the Fund. During the financial year 2009/10 the NHIF embarked on a Ward to Ward awareness creation campaign mainly in rural areas where the majority of the members reside and work. As of 30th June 2010, NHIF had managed to train 243,251 members of whom 69% were from the education sector and 31% from other sectors (NHIF Actuarial and Statistical Bulletin, 2010). NHIF has a number of programs which are being aired in public media for example there are a number of television short breaks advertisements in different channels countrywide. There are also brochures carrying NHIF information and NHIF participates in a number of exhibitions, all these intended to disseminate information not only to NHIF members but to the public also. 4.6 Discussion of Findings 4.6.1 The Best Legal Framework for Governing Social Security Schemes in Tanzania The first research question in this work was to examine on legal framework governing social security schemes in Tanzania. Findings on this research question 118 reveal that there are no any clear standards which have been put at place as a guidance providing as to how the social security schemes should be governed in Tanzania. Through statutory provisions, the constitutionality of top officials of the majority of schemes is not very clear on the issues of their appointments, tenure and overlapping functions. Some of these officials are put at their positions in the manner they can abuse their power simply or they can themselves be removed easily. Some of schemes do not have acceptable number of benefits to conform with the ILO’s standards and hence make such schemes to be lagging behind the new international trend of social security schemes. For example, the GEPF is still operating under the colonial law. It is not known as to how the Chief Executive Officer of GEPF is found. The GEPF also has only two benefits which are the withdrawal and survivors benefits. Likely, almost all of the schemes do not have a mechanism which allows flexibility that enables aggrieved members to charge them before the court of law, SSRA or elsewhere. The provisions of law of those schemes have excluded these schemes from proceedings’ liability and imposed the same to defaulting employers or even an employee. Likely, with exclusion of NSSF and NHIF, all other schemes laws do not state the mechanisms on which their aggrieved members can also appeal. However, recently, after the establishment of the SSRA, all members of the schemes may appeal to the SSRA. 4.6.2 The operation of the six schemes in Tanzania Mainland The study also looked on the operations of the six schemes in Tanzania Mainland on 119 the issues of customer care, decentralization of activities, procedures of dealing with members claims and the use of new information and communication technology by the six schemes. The study reveals that most of these social security schemes have improved issue of customer care because there are no serious complains on the manner visitors are attended when they arrive at those respective offices rather than delays of executing what has been agreed when a customer was in the respective scheme’s office. This finding indicates that the schemes are very competitive on the aspect of customer care and save for NSSF there were some complains of how customers are welcome other schemes seem to be attracting people and there is high possibility that the scheme which has put priority on handling customers warmly may attract more new members. The study has also revealed that almost all social security schemes are decentralising their offices up-country to simply the processes of dealing with members situated up-country. Though there are complains that up-country offices are not efficient and mostly depend on headquarters’ directives thus minimise their scope in the face to face dealings with customers, this is however predicted to cease in future because there are few years since these schemes have started establishing their up-country offices and its expected in future up-country offices will have absolute autonomy. Likely the study reveals that some of schemes have simplified the processes and procedures of dealing with members, though there are other schemes which still have procedures which unnecessarily delay the processes. For example, NSSF members 120 complained six months of waiting out of employment so that one can lodge claims before the NSSF was grossly unfair. The procedures and processes however may be simplified through the adoption of advanced and new technologies. Schemes have to be fast in dealing with members’ queries and keep members’ records intact at all the times. Lastly, there is a growing approach for all the social security schemes to be using new information and communication technology. This has helped in a number of activities ranging from providing portals in the website to enable them access their information of membership to their respective scheme. This, as it has been started above will be helpful to each competitive scheme because, adoption of new technology like ICT will enable the schemes to have direct link with their members wherever they will become unemployed. 4.6.3 Schemes’ Promotion and Protection of Members’ Interests Each scheme has objectives of promoting and protecting its members’ interests. The researcher found that schemes may be competitive when they put at place the most preferred benefits. In this study good retirement pensions benefits and withdrawals benefits seem to be the most preferred benefits, though currently there are discussions of abolishing the withdrawal benefit. The retirements benefit being preferred mostly is through PSPF because, members retiring from this scheme receive satisfactory payments compared to other schemes. The withdrawal benefits which is provided by schemes like NSSF, GEPF and PPF, have been preferred because they do help members to curb difficult situations whenever they become unemployed. 121 Recently, through statutory provisions, the withdrawal benefit was abolished by the amendment made in the SSRAA. There was a public outcry which forced the same to be restored and members are still enjoying this benefit. Paying this benefits has however been stated by SSRA to be weakening the sustainability of social security schemes. 4.6.4 Sensitisation Activities by Social Security Schemes The researcher also considered the activities of sensitisation by social security schemes and revealed that almost all schemes are running sensitisation programs. Social security schemes have competing ins sensitatisation activities and thus has made them competitive to each other. There are a lot of sensitisation activities being conducted by all schemes. However, the means of sensitisation mostly known are through television advertisements whereby the rural areas are not much exposed to. For this reason the sensitisation activities seem to be capturing a particular group of people and thus leave social security sector coverage minimal because the means of inspiring members from informal sector are not known into most of these schemes. There is needed however a means of widening sensitisation activities to reach the urban areas where there a lot of people in informal sectors. Informal sector people may help a lot in extending the scope of social protection if they are caused to be members of social security schemes. 122 CHAPTER FIVE 5.0 CONCLUSION AND RECOMMENDATIONS 5.1 Summary of Findings This part presents the core part of this study, the competitiveness of the social security schemes, through analysing the findings. Generally, this study reveals that, though somewhat, it is difficult to compare the competitiveness of social security schemes in Tanzania Mainland but still these schemes can be competitive to each other by looking on these Funds’ legal frameworks governing them, their operations aspects, the way they protect and promote members’ interest and their sensitisation activities. The researcher arrived to that conclusion because of reasons stated in each considered research question as follows: 5.1.1 What is the Best Legal Framework Established For Governing Social Security Schemes in Tanzania? With regard to this, there are no any clear standards which have been put at place as a guidance providing as to how the social security schemes should be governed in Tanzania. Through statutory provisions, the constitutionality of top officials of the majority of schemes is not very clear on the issues of their appointments, tenure and overlapping functions. Some of these officials are put at their positions in the manner they can abuse their power simply or they can themselves be removed easily. Some of schemes do not have acceptable number of benefits to conform with the ILO’s standards and hence make such schemes to be lagging behind the new international trend of social security schemes. Infact the schemes are being administered through colonial laws. 123 Likely, almost all of the schemes do not have a mechanism which allows flexibility that enables aggrieved members to charge them before the court of law, SSRA or elsewhere. The provisions of law of those schemes have excluded these schemes from proceedings’ liability and imposed the same to defaulting employers or even an employee. 5.1.2 How do the Six Social Security Schemes Operate in Tanzania Mainland? Looking on how the six social security schemes operate in Tanzania Mainland the study looked on the issues of customer care, decentralization of activities, procedures of dealing with members claims and the use of new information and communication technology by the six schemes. The study reveals that most of these social security schemes have improved issue of customer care because there are no serious complains on the manner visitors are attended when they arrive at those respective offices rather than delays of executing what has been agreed when a customer was in the respective scheme’s office. The study has also finding that almost all social security schemes are decentralising their offices up-country to simply the processes of dealing with members situated up-country. Though there are complains that up-country offices are not efficient and mostly depend on headquarters’ directives thus minimise their scope in the face to face dealings with customers. Likely the study reveals that some of schemes have simplified the processes and procedures of dealing with members, though there are other schemes which still have 124 procedures which unnecessarily delay the processes. For example, NSSF members complained six months of waiting out of employment so that one can lodge claims before the NSSF was grossly unfair. Lastly, there is a growing approach for all the social security schemes to be using new information and communication technology. This has helped in a number of activities ranging from providing portals in the website to enable them access their information of membership to their respective scheme. 5.1.3 How do These Schemes Promote and Protect the Interests of Their Members The researcher looked also on how these schemes promote and protect the interest of members and come with an analysis that social security schemes may be competitive when they put at place the most preferred benefits. In this study good retirement pensions benefits and withdrawals benefits seem to be the most preferred benefits, though currently there are discussions of abolishing the withdrawal benefit. 5.1.4 What are Social Security Schemes Doing to Sensitise their Beneficiaries on the Functions of Social Security in Tanzania Almost all schemes are running sensitisation programs. At this aspect the social security schemes have been doing well and thus has made them competitive to each other. There are a lot of sensitisation activities being conducted by all schemes. However, the means of sensitisation mostly known are through television advertisements whereby the rural areas are not much exposed to. For this reason the 125 sensitisation activities seem to be capturing a particular group of people and thus leave social security sector coverage minimal because the means of inspiring members from informal sector are not known into most of these schemes. 5.2 Implications of the Results Research findings implies that there is minimal direct competition between the social security schemes because of the variations of the aspects on which these social schemes are competing. Taking only one aspect of retirement benefit as an example, the retirement pension benefits which are being provided by all schemes except GEPF and NHIF do compete at the amount being provided because of the formulas which each scheme has adopted. While PSPF and LAPF have similar formulas in calculating the retirement pensions, other schemes have different formulas resulting to members being paid very low amount of retirement pensions. 5.3 Conclusion The study has revealed that even if it is difficult to compare the competitiveness of social security schemes in Tanzania Mainland but still these schemes can be competitive to each other by looking on these Funds’ legal frameworks governing them, their operations aspects, the way they protect and promote members’ interest and their sensitisation activities. The examination of those matters have exposed there are variations of competitiveness of the social security schemes thus one scheme might be good at one aspect and the other at another aspect thus making these schemes dominant at their relevant coverage regardless the attempts of liberalizing social security activities bestowed in the SSRAA. The newly established 126 regulator of the social security schemes in Tanzania has been imposed with hope that the Tanzania social security field is going to be liberalized in its totality soon and thus leading to clear chances of competition among the schemes to the advantage of all the stakeholders. The study has also revealed that some of social security schemes have some defects on their legal framework which is unknowingly affecting their governance. The provisions of laws of some schemes are not clear on the issues of appointments of their top managers, the laws have no appeal mechanisms when members are aggrieved by those schemes conducts against them and there are schemes which have limited package of benefits. With regard to schemes’ operations, the study has shown that most of schemes have enhanced issues of customer care and have decentralised their offices. The schemes, though complained by members, are also trying to have satisfactory good procedures and processes of effecting members claims through adopting new technology, which is the use of information technology. With regard to the issues of promotions and protection of members interests of their members these schemes have divergent of benefits which seems to be creating a locked monopolistic situation because the benefits which may be obtained from one scheme can not be necessarily obtained from the other scheme. Furthermore, for the benefits which are similar into a number of benefits they are treated differently thus making the schemes to be uncompetitive to each other. This is witnesses by the 127 different amount of retirement pensions (lump sum and monthly) paid by a number of schemes to their retiring members. Lastly, the study also considered the activities of public insemination being conducted by these social security and the conclusion revealed is which shows that most of these schemes are conducting public insemination activities. The schemes are using different media, e.g. televisions, magazines, radio and brochures to communicate their activities to the public. Most of schemes are also participating into different exhibitions and social responsibility events to publicise their activities. 5.4 Recommendations The following recommendations are made on the basis of the study: (i) Though the government has played its role in establishing the SSRA, still there is a need of ensuring that the SSRA should be performing consistently for what is possible to make the social security schemes competitive either by encouraging the formation of more schemes or whatever manner which makes the schemes to extend their coverage. (ii) Social security schemes also should consider changing their attitudes and become competitive in the aspects of operations, benefits provisions and all aspects of the services they provide because in the future, with liberalized social security activities, people will prefer joining the scheme suiting their desires. (iii) Employers should let employees opt to join schemes which suit their desires and should not be restricted. Employees also have the role to know their rights and entitlements with regard to social security protection and that they 128 should demonstrate such knowledge to ensure compliance by their employers and social security schemes. (iv) Social security schemes have to be transparent to their members with regard to investment issues. Members of social security schemes seem to prefer schemes those are transparent on investment projects. 5.5 Limitation of the Study There were no grave limitations that hindered this study. However in the course of collecting data one pertinent incidence emerged which attempted to divert some of the respondents from answering the intended interview questions. As a matter of fact last year 2012 the Tanzanian Parliament passed an Act of Parliament, the Social Security Laws (Amendments) Act, 2012, which among others repealed the Social Security Funds laws, specifically the provisions which enshrined the withdrawal benefits into those respective schemes. As a matter of implementing such amendment the SSRA on June 2012 issued a public announcement that by July 2012 all schemes which were providing withdrawal benefits to their members stop doing so. The announcement became unfriendly to most of beneficiaries and in the course of interviews with most of employees members of the schemes the researcher was forced to discuss this issue in a prolonged time and the issue infact did not only dominate the interview sessions but also captured a serious attention to the extent of attempting to divert the study’s objectives. 129 The other limitation was gradual responds to the questionnaire supplied to some of social security schemes’ officials. This necessitated the researcher to utilise the Saba Saba Exhibitions of the year 2013 in Dar-es-Salaam, Kurasini area whereby schemes’ officials at the Exhibition pavilion were capable to provide information requested. 5.6 Areas for Further Research In the course of this study, the researcher found there is a need of have more studies in the area of social security. Few studies which may also establish the social security schemes competitiveness include the performance of social security schemes in Tanzania Mainland before and after the establishment of the SSRA. In this research, one may consider on aspects of the schemes’ past and current coverage and their investment activities. 130 REFERENCES Barya, J.J (2009). Interrogating the Right to Social Security and Social Protection in Uganda, HURIPEC Working Paper No. 23, Makerere University, Kampala, Uganda. Barya, J.J (2011). Social Security and Social Protection in the East African Community, Fountain Publishers, Kampala. Brand M. (2007). Social Security Systems in Transition, A Comparison of Germany and Poland, Jagiellonian University, Poland. Centre for Governance and Development (2005). NSSF Bills Digest, Kenya. Cronbach L J (1951). Coefficient Alpha and The Internal Structure of Tests. Psychometrika 16:297-334. Dau R. (2006): The Adequacy of Current Social Security Benefits, A paper presented to the Meeting of Directors of Social Security Organisations in English Speaking Africa, Mahe, Seychelles. European Union (2011). Your Social Security Rights in the United Kingdom, European Commission, United Kingdom. Gaya, C. (2011). Challenges Facing Public Pension Systems in Tanzania, HakiPensheni Company Limited, Dar-es-Salaam. International Labour Organisation (2010). Extending Social Security to All, A Guide Through Challenges and Options, Geneva. International Labour Office (2002). Tanzania Mainland, Social Protection Expenditure and Performance Review and Budget, Geneva. (Also can be accessed at website: www.ilo.org/publns). 131 Kenya Ministry of State Planning (2012), Kenya Social Protection Sector Review, Nairobi, Kenya. Kothari C.R. (2008). Research Methodology, Methods and Techniques (Second Revised Edition), Delhi, India. Liu, L. (2001), Foreign Social Security Developments Prior to the Social Security Act, USA Social Security Administration , Baltimore, MD 21235, USA. Mchomvu A.S. T, Tungaraza F.S.K. and Maghimbi S. (2002). Social Security Systems in Tanzania, Journal of Social Development in Africa, Volume 17, No. 2, pp 11-28. Ministry of Labour, Youth Development and Sports (2003). National Social Security Policy, Dar-es-Salaam. National Audit Report (2010). A Performance Audit on the Processing of Terminal Benefits of Retirees from the Central and Local Government of Tanzania, A Case Study of PSPF and LAPF, Dar-es-Salaam, Tanzania. Paine, T. (1795). Treatise on Agrarian Justice, (accessed at www.ssa.gov/history/paine.html). Velloso, H. (2006). Social Security in the United States: Overview and Outlook, New York, N.Y. 10017, U.S.A. Wangwe S. (2005): Culture, Identity and Social Integration: The Tanzania Experience in Social Integration, a paper presented at a conference “New Frontiers of Social Policy”, Arusha, 12-15 December, 2005. 132 APPENDICES Appendix I: Interview Questions Directed to Selected Members of Social Security Schemes A. Preliminary Questions 1. What is your name? 2. For how long have you been in employment? 3. What is the name of the company which has employed you? 4. Are you a member of any social security scheme B. The legal framework established for governing social security schemes in Tanzania 5. Do you know how are the managers of your social security obtained? 6. Who appoints them and what is their constitutionality? 7. Do you know all the benefits which are provided by your social security schemes? Can you mention them? 8. Which benefits do you prefer the most? 9. If you are aggrieved by your social security scheme actions against you do you know where to appeal? C. The Operations of Social Security Schemes 10. How were you welcomed when you visited your social security scheme? 11. Do you prefer your social security scheme to has an up-country office? Why? 12. Do you understand the processes and procedures of instituting claims from your social security scheme? Are the procedures good? 133 13. Does your social security scheme communicate or serves you through modern communications devices like internet? D. Promotion and Protection of the Interests of Members 14. What benefits would you prefer that your social security scheme would provide you which you are currently not having in your scheme? 15. Does your social security scheme invest in your contributions? If the answer is yes may you mention any of the projects or programme which your scheme has invested for? E. Sensitisation Activities by Social Security Schemes 16. Have you been trained anything about your social security rights by people from your social security scheme or your employer? (If the answer is yes) What are your rights in the scheme? 17. Have you seen your social security scheme publicizing their activities for the public to know it? F. Conclusion 18. Do you have anything to say to advise your social security scheme to be competitive with other social security schemes? 134 Appendix ii: Questionnaires Introduction This questionnaire is intended to gather some information with regard to the activities of social security schemes in Tanzania Mainland. The information is to be used in writing an academic dissertation to be submitted to the Open University of Tanzania for Masters Degree’s qualification. The researcher requests your good office to provide the information requested by filling this questionnaire. A. Managers of Social Security Schemes 1. Particulars i. Name of the Scheme: (e.g. NSSF, PSPF, PPF, etc): __________________________________________________________ ii. Name of the person responding to the questionnaire: ___________________________________________________________ iii. Position: _____________________________________________________ 2. Legal Framework iv. May you provide for the legal framework governing the scheme? E.g. issues of appointments of executive officials, board, functions of the scheme, powers provided under the Act, etc.____________________________________________________ v. Do you have any legal challenges hindering you to implement your functions properly (Yes/No): If the answer ticked is yes please state 135 them) ___________________________________________________________ 3. Operations vi. What complains have been initiated by your members the most? ___________________________________________________________ May you provide any plans which your scheme has started or is about to start in solving the problems complained by its members (if any as per number xiii above) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ With regard to processes and procedures, how long does it take the scheme to conclude members claims, e.g. claims with regard to retirement benefits, funeral grant, survivor benefits, gratuity, etc.________________________________________________________ ___________________________________________________________ ___________________________________________________________ vii. Do you have any other plans relevant for improving your scheme’s competitiveness? ___________________________________________________________ ___________________________________________________________ 136 4. Promotion and protection of members’ interests including membership, coverage and benefits i. Can you mention the categories of members in your Scheme? ___________________________________________________________ ___________________________________________________________ ii. What kinds of people are covered in your social security scheme in terms of entitlements/ benefits? ___________________________________________________________ ___________________________________________________________ iii. Which benefits offered are more competitive and attractive to your members? (List them by a ranking, if possible provide the ranking percentage) ___________________________________________________________ ___________________________________________________________ iv. Which products/benefits offered by your scheme are more competitive to your scheme when compared to other social security schemes? ___________________________________________________________ ___________________________________________________________ What is the current number of members within your scheme? ___________________________________________________________ (v) May you provide the number of members enrolled in your scheme from the year 2006 todate? __________________________________ 137 (vi) May you provide the number of beneficiaries of the benefits provided by your scheme from the year 2006 todate? ________________________________ B. Employers i. How many employees do you have?_____________________ ii. How many among them are enrolled in the Social Security Schemes?_______________ iii. Which Social Security Scheme has enrolled your employees?__________________________________________ iv. Before your employees are enrolled to the Social Security Scheme, do you educate them about social security and the importance of social security schemes?(Yes/No), If the answer is No, please provide the reasons_____________________________________________________ _____________________________________________________ (vii) Are you the one who proposes the Social Security Scheme to be joined by your employees?(Yes/No) If the answer is No, please provide the reasons_____________________________________________________ _____________________________________________________ (viii) Have you ever been warned by any Social Security Scheme for any misconduct regarding social security protection, like failure to register your employees or failure to deliver employees contribution at the right time? (If, yes do you have any cases on this?) ________________________________________________________ 138 c) Social Security Regulatory Authority (SSRA) i. What is currently the SSRA doing in relation to the Social Security Schemes? _________________________________________________ ________________________________________________________ ii. What are the main constraints which the SSRA has identified to be the hindrance of Social Security Schemes’ effective operations __________________________________________________________ iii. What is the SSRA doing or shall do as a means of safeguarding the interests of members of the Social Security Schemes, employers and Social Security Schemes against each other?
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