DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 ISLAMIC REPUBLIC OF AFGHANISTAN MINISTRY OF LABOR, SOCIAL AFFAIRS, MARTYRS AND DISABLED (MoLSAMD) GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN (March 2011) Prepared by MoLSAMD and in cooperation with IARCSC 1 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 I am pleased to inform you that the Ministry of Labor, Social Affairs, Martyrs and the Disabled (MOLSAMD) in close cooperation with the Independent Administrative Reform and Civil Service Commission and the team from the Afghanistan Pension Administration and Safety Net Project, has prepared the Guidebook for the Human Resources Officers in State bodies on how to implement the Pension regulation for the Civil Service Employees of Afghanistan An inter-ministerial Steering Committee to draft a pension reform strategy and the Pension comprised of senior members from MoLSAMD, MOF and IARCSC, supported by a Technical Working force on September 17 2009. Having new pension scheme and new Pension Regulation in place brought the need for creating new set of administrative procedures and this Guidebook is one of them. Administrative procedures are the basic rules for implementing regulation and for administering, coordinating, and articulating programs affecting more than one department or division. Our Guidebook contains specific detailed rules to put regulation into practice, generally telling how, by whom, where, and when things are to be done. This Guidebook is prepared to acquaint Human Resources (HR) Officers from State Institutions and other Government agencies with the Pension Regulation for The Civil Service Employees. Our intention was to provide the HR Officers with basic information regarding the Regulation for Civil Service Retirement. It describes and explains eligibility for pension, different types of pension, pension contribution, how to determine the actual length of service, payment of pension and the complete application process in a step by step format. One of the most important chapters of this Guidebook is the definition of the responsibilities of Human Resources Officers in the procedure to process pension applications. The contents of this Guidebook will apply to the employees covered by the Regulation. This Guidebook has been written for information and instruction only; it does not replace the Regulations which will prevail if there is any conflict between the two documents. Also, this Guidebook will be updated time to time as needed by the Ministry of Labor, Social Affairs, Martyrs and the Disabled (MOLSAMD). We do hope that this Guidebook will help you in your future work. Yours sincerely, H.E. Amena Afzali, Minister 2 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 Table of Contents 1. INTRODUCTION .................................................................................................................. 4 2. GLOSSARY OF TERMS .........................................................................................................5 3. PREFACE.............................................................................................................................. 7 4. RESPONSIBILITIES OF HR OFFICERS DEALING WITH PENSION ISSUES .......................... 8 6. DETERMINING ACTUAL LENGTH OF SERVICE................................................................. 15 7. COVERAGE OF PENSION BENEFITS .................................................................................. 16 8. PENSION CONTRIBUTIONS............................................................................................... 16 10. PAYMENT OF PENSIONS ................................................................................................... 20 11. PENSION APPLICATION PROCEDURE .............................................................................. 20 12. APPEAL.............................................................................................................................. 26 13. QUESTIONS AND ADDITIONAL HELP............................................................................... 26 3 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 1. INTRODUCTION This Guidebook is prepared to acquaint Human Resources (HR) Officers from State Institutions and other Government agencies with the Pension Regulation for The Civil Service Employees published in the Official Gazette No: 992 on 17 August 2009. The Guidebook is intended to provide the HR Officers with basic information regarding the new Regulation for Civil Service Retirement. It describes and explains the complete application process in a step by step format. It also includes definition of the responsibilities of Human Resources Officers in the procedure to process pension applications. The contents will apply to the employees covered by the new Regulation. This Guidebook has been written for information and instruction only; it does not replace the Regulations which will prevail if there is any conflict between the two documents. This Guidebook will be updated time to time as needed by the Ministry of Labor, Social Affairs, Martyrs and the Disabled (MOLSAMD). 4 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 2. GLOSSARY OF TERMS This glossary is intended to define and elaborate the terms used throughout this Guidebook. Civil service employee: person employed by the civil service of Afghanistan including permanent and contractual employees. Retirement: means end of the employment service period of a civil service employee in the organization in line with provisions of the Regulation. Pensioner: is a civil servant whose period of service is completed in the related organization and she/he is recognized eligible for pension benefit to be paid to her/him. Pension contributions: means withholding a certain percentage of an employee’s monthly salary and the contribution of organization to be transferred to Treasury Department of MOF Pension benefit: means payment of cash funds to pensioner or his/her survivors in accordance with provisions of this regulation Survivors: means: wife, husband, unmarried daughter(s), son(s) under age (18) or coupled with education or disabled or have constant illness preventing them to work or bound to complete the military service. Father, mother, unmarried sister(s), brother(s) under age (18) or coupled with education or bound to complete the military service, subject to that the employee had been responsible for his/her support/ custodianship and the foetus of the deceased female employee, born alive. Disability: Total and partial and permanent disability by reason of medically determinable physical or mental impairment that prevent a person from rendering useful and efficient service. Final wage: means average of monthly wage and allowances (khader and professional) over the final three years actual service, taking in account annual increases in wages. The final wage is based on the grade and rate set after the completion of the IARCSC Pay & Grading Reform. If individual worked for the period less than full three years on P&G reform rates, the actual number of years and months will be taken into account for calculation of the average. Actual Length of service: means the total period of employment that the civil servant in accordance to the provisions of law executed in the organization on 5 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 actual – base when pension contribution has been withheld from his/ her monthly salary Voluntary retirement: is a retirement that a civil servant employee, after completion of twenty five (25) years actual length of service and civil servants over fifty-five (55) years of age are eligible to claim /request for voluntary retirement. MOLSAMD: Ministry of Labour, Social Affairs, Martyrs and Disabled of Islamic Republic of Afghanistan Organization: State Institutions & other Government agencies - Any agency, branch, department, institution, university, institution of higher education, or board of the state IARCSC: Independent Administrative Reform and Civil Service Commission of Islamic Republic of Afghanistan MOF: Ministry of Finance of Islamic Republic of Afghanistan New Regulation: the new Pension Regulation for The Civil Service Employee published in the Official Gazette No: 992 on 17 August 2009 SOEs: State owned enterprises The Government: The Government of the Islamic Republic of Afghanistan Contribution amount: The amount contributed by a civil servants or the amount contributed by the Government to the pension scheme. 6 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 3. PREFACE Civil service pension reform Afghanistan’s pension system is applicable to civil servants, teachers, employees of state-owned enterprises (SOEs) and civil servants of the Afghanistan National Army (ANA), Ministry of Interior (MOI) and National Directorate of Security (NDS). All sectors of the civil service are undergoing rapid and comprehensive transformation which affects the compensation and remuneration of public sector employees. An inter-ministerial Steering Committee to draft a pension reform strategy and the Pension comprised of senior members from MoLSAMD, MOF and IARCSC, supported by a Technical Working Group. The Regulation was promulgated in the Official Gazette on August 17 2009 and came into force on September 17 2009. Security Sector pension reform A separate Regulation and Administrative Procedures will cover Service HR in the security sector. Reform notes Employees who have not been re-classified according to the new Pay & Grading scales under the reforms implemented by IARCSC will continue to be governed by the old pension rules as published 420 Hijrey. MoLSAMD will continue to administer the new pension scheme. MoLSAMD and IARCSC will ensure uniform application across all agencies. The reform of the pension scheme will ensure that the process becomes more user-friendly and efficient. The administration of the pension scheme will be computerized to facilitate faster processing of pension cases as well the execution of payments. Civil servant/Employer Contributions - Both the employer (the Government) and the civil servant will contribute an equal 8% of basic salary of the individual civil servant plus allowances for those civil servants who have been re-classified under the pay grading reforms. Civil servants will have deductions made to their salaries to pay for the pension. These deductions will be made before salaries are paid to civil servants. Old pension scheme employees who have not yet re-classified under the Pay & Grading reforms will continue to make contributions at the rate of three percent (3%) until they are re-classified. The total actual length of service, prior to and after, the implementation of the re-classification under the Pay & Grading Reform will be taken into account. 7 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 4. RESPONSIBILITIES OF HR OFFICERS DEALING WITH PENSION ISSUES Government Human Resources Officers are responsible for the following: 1 Determining who is eligible for a pension and the category of pension. Preparing and keeping the individual HR records of civil servants in their organization. Pension files and records must be maintained in a secure and accessible locaon for 4 0 years from the commencement of the file. Attention should be paid to the process of record maintenance, storage and retrieval. Pensioners’ circumstances change and files must be maintained. Longer term pension records will be used to help with pension systems planning. Ae r the per i od of 4 0 years those records should be transferred to the General Archive of each respective organization. Informing civil servants of their retirement rights and responsibilities under the Pension Regulation for the Civil Service Employees of Afghanistan. Using the new forms and following the approved procedures and Guidelines within their HR Department or Directorate. Completing individual retirement records and ensuring that records are accurate. This includes application forms and work history forms. Sending completed retirement application documents to the Pension Department of MoLSAMD. Preparing and completing civil servants employee and/or their survivor’s retirement application. Answering questions from civil servants and/or their survivors regarding their retirement rights, benefits and the application process.1 To document and maintain an accurate record of all Civil Service Employee Survivors where a Civil Service Employee has responsible for the Survivors support or custodianship. There are two types of Survivors The Survivors of the deceased Civil Service Employee prior to his/her retirement The Survivors of the deceased Civil Service Employee/Pensioner after his/her retirement The HR Officers are responsible only for the first type of the Survivors (prior to retirement). The second type of the Survivors is the responsibility of the Pension Department 8 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 5. TYPES OF RETIREMENT There are five categories of retirement to determine eligibility for pension benefits under the new Pension Regulation for the Civil Service Employee. Category 1: Attaining normal retirement age – sixty-five (65) A civil servant is eligible for normal age type of retirement upon meeting the required retirement age of sixty-five (65). * A civil service employee attaining sixty-five (65) years of age and his/her contract is extended based on need of the relevant organization and his/her agreement, in this case his/her pension benefit shall be increased by 3% for each extra year of service over age sixty-five (65), but not exceeding maximum of eighty (80) % of the Final wage. Category 2: End of Service period (Forty years actual length of service) A civil servant is eligible for this type of retirement upon meeting the requirement of forty (40) years of actual length of service, regardless of age. Category 3: Voluntary retirement Voluntary retirement is the termination of service before the normal retirement age by the civil servants own will, i.e. termination of the service took place upon the employee’s request. A civil servant is eligible for voluntary retirement after attaining fifty-five (55) years of age and fulfilling actual length of service of twenty-five (25) years. Early retirement: There are four special cases of early retirement: a. Age 55 and minimum of 25 Years of Service (YOS) met It is possible to retire early with regular pension, provided a civil service employee has completed 25 years of service. However there may be penalties which apply and the employee cannot access a full pension (see below on the Penalty for Early Retirement). b. Age 55 but less than 25 years of service: A civil service employee who is 55 but who has not completed 25 years of service is ineligible for an early pension. S/he must wait until they have either completed 25 years or service or reaches 65 years of age. c. Age is less than 55 and has 25 years of service. A civil service employee who has 25 years of service, but who is less than 55 years of age is ineligible for early rer eme nt . S/he m u s t wa i t unl they r each 55 bef ore t hey are eli gible f or early retirement. Or if they choose to separate they may apply for pension at age of 65. 9 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 d. Age is less than 55 and has less than 25 years of service. In this case, the employee has to wait until age 65 to apply for benefit or connue wo r ki ng until both the above conditions get satisfied. Deferred Pensions Individuals may choose to defer the receipt of pension benefits following permanent or temporary separation from the civil service and start receiving pension benefits at a later date. In cases (b), (c), and (d) as described above, deferral will be a mandatory requirement if conditions of retirement are not met. In such cases the civil service employee must apply for pension benefits to the HR Officer of the relevant organization. The HR Officer will be required to submit the application for pension benefits on behalf of such an employee to the Pension Department following the standard process at the point of separation from the civil service. The employee should indicate the preferred period of deferral on the application if the duration of this period is known. The HR Officer should ensure: One copy of the pension application file is retained by the HR Officer One copy of the pension application file must be retained by the civil service employee, and One copy of the pension application file must be sent to the pension Department When the individual chooses to start to receive pension benefits the pension, s/he will then apply directly to the Pension Department. It will be responsibility of the Pension Department to store all the pension application files of these individuals until a pension benefit is awarded. Following the award of a pension benefit standard Pension Department procedures apply. If a former civil service employee who had separated from service rejoins the civil service, the HR officer of the state organization where employee now works will follow standard pension benefit application procedures. Civil service employees who have deferred and then rejoin the civil service will retain the right to the total actual length of service calculated by combining all periods of civil service employment. The Pension Department will be required to review all applications on record for a civil service employee and calculate the pension benefit based on the combined total of actual length of service. Individuals not starting to collect pension benefits on time In some situations a pensioner may not start collecting pension benefits immediately upon notification of award. In such cases the Pension Department must retain the pension application file and activate the normal payment procedure for the benefit when the pensioner attends the Pension Department to start collecting. 10 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 Penalty for Early Retirement The following provisions will start to apply five years after the promulgation of the Pension to all cases of voluntary retirement where individual has not reached the age of 63. In the case of Civil Servants who are not 63 years of age and have applied for retirement certain restrictions will be imposed. His/her annual retirement rights will be permanently reduced by 3% for each year of length of service before age of 63. This is to discourage early retirement and promote extended career. Early retirement example – Rashidullah Rashidullah rer es at 58 year s of age so hi s final benefit wi ll be reduced by five year s be reduced by 3% for each year. 3% me s 5 year s eq uals 15%. Rashidullah’s pension will be reduced by 15%. This calculation of pension is based on the final wage. When pension is calculated, following standard formula, it is then reduced by 15%. So, if the pension of Rashidullah was calculated as Afs 45,000; his actual reduced pension will be Afs 38,250 for life. Responsibility to calculation reduction in pension will be with the Pension Department and applied at the point of actual claim of the first pension at the Pension Department, considering age of that individual at that particular time. This provision on reducon shal l not appl y to emp l oyees wh o have comp l et ed 40 year s of actual service or disabled. Incentive for deferral of retirement The following provisions will start to apply five years after the promulgation of the Pension to all cases of voluntary retirement where individual decided to defer pension unl aer age of 65. Where employee’s contract is extended based on need of the relevant organization and his/her agreement, in this case his/ her pension benefits shall be increased by 3% for each extra year of service over age of 65, but not exceeding maximum of 80% of the Final Wage. Category 4: work Death, missing, disability, or continuous illness that disrupts the civil servant to In event of the death of a civil servant, or who goes missing or suffers disability or continuous illness that disrupts the civil servant to work, the following definitions or clarifications are applicable for determining retirement in this category. 11 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 A. Death The Regulation provides survivor pension benefits under certain circumstances for eligible beneficiaries upon the death of a civil servant or retiree. There are three types of death conditions and pension benefit will vary: (i) normal death (or death not associated with job) of the civil servant, (ii) death due to work conditions or accident at work of the civil servant, (iii) any death of the pensioner. Normal Death of the Civil Servant Upon the death of an employee prior to retirement and or leaving the job, his/her survivors shall be paid as follows: 1In cases where his/ her length of service is 1 to 10 years, his/ her survivors shall be paid an amount equal to 12 me s of the Fi nal W a ge and al lowa nces , as i ns tal lm e nt s or a lump sum payment as pension benefit. 2In cases where his/ her length of service is more than 10 and up-to 25 years, his/ her survivors shall be paid an amount equal to 36 me s of the Fi nal Wage and allowances, as installments or a lump sum payment as a pension benefit. 3In cases where his/ her length of service is more than 25 years, his/ her survivors shall be paid an amount equal to 60 me s of the Fi nal W a ge and al lowa nces , as installments or a lump sum payment as a pension benefit. Death Due to work conditions of the Civil Servant Upon the death of an employee during the execution of their work, prior to retirement his/her survivors shall be paid and amount equal to 60 me s the Final Wage. The benefit is paid either as a series of installments or as a lump sum payment. This type of pension payment does not take into account his/her length of service when making the calculation. Death due to accident at work example: Sharifullah Sharifullh was killed in an accident that happened at the site of a construction of a new school that he was inspecting. His annual salary, including allowances at the time was 28,000 Afs. The final calculaon for hi s deat h rel at ed pens i on is 48, 000 me s 60. The final amo unt received by his survivors is 1,680,000 Afs and it is only one claim from the family that will be accepted. Death after retirement 12 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 Upon the death of an employee after retirement, his / her survivors shall receive an amount equal to 36 me s of the pens i on benefit as an ins tal lm e nt s or a lump sum payme nt . Death after retirement example: Wahidullah Amir Wahidullah Amir died from heart aa ck at age 67 . He had only recently retired from his job as an engineer with the Ministry. His wives and children made a claim to access the post retirement pension benefit. Wahidullah Amir was being paid 20,000 Afs per month as his pension. The final calculaon of his death related payout was based on 36 me s hi s pens i on , which equals 720,000 Afs. Survivors of the deceased are determined based on legal documents. The following legal documents are required: a) Death Certificate b) Legal Inheritance Letter c) Power of Attorney Pension benefits are paid to the nominated legal survivor and divided equally among the survivors. The nominated legal survivor is identified and decided by all survivors in cooperation with the respective Basic Court in the place where civil service employee was living. The same Basic Court is responsible for issuing the Power of Attorney to the nominated survivor or appointed attorney. Only one claim from family will be accepted. All other claims will be rejected. Pension benefits are paid to the nominated legal survivor and divided equally among the survivors. The following table provides a summary of the types of eligible survivors of the deceased civil servant. Type of survivor Widow / Widower Children Parents Brothers and Sisters Description Wife, husband Unmarried daughter(s), son(s) under the age of 18, or coupled with education or disability or have constantly illness prevent them to work or bound to complete the military service Father and mother subject to that the employee had been responsible for his/her support/ custodianship Unmarried sister(s), brother(s) under the age of 18, or coupled with education or bound to complete the military service subject to that the employee had been responsible for his/her support/ custodianship and the foetus of the deceased female employee, born alive 13 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 B. Missing Pension benefits of a civil servant who goes missing for more than 4 years, his/her survivors shall be paid an amount equal to thirty-six (36) me s hi s/her final wage [PUT IT IN DEFINITION IF YOU WANT SO IT APPLIES TO ALL REFERENCES TO FINAL WAGE, INSTEAD OF MENTIONING IT EACH TIME.] of his/her grade in accordance with the legal certification as a lump sum payment and or as fixedperiod installments. C. Disability Retirement There are two types of disability retirement applicable to this category: 1. work related disability of a civil servant 2. disability caused other than those work related These two categories have been further divided into full and partial disability: The benefits range from fifty to eighty percent (50% to 80% of the Final Wage) regardless of the actual length of service in the case of work related disability. The benefits range from thirty to fifty (30% to 50%of the Final Wage) in case of non-work related disability. Actual length of service will be taken into account in this case. A Civil Service employee who is disabled for causes other than those related to work, shall be eligible for a disability pension and will be paid as follows: In the case of a disability of 70% or more and where the length of service is 25 years or more, s/he shall receive pension rights according to Article 10,para 3 of this Regulation. 2. In case of a disability of 70% or more and where the length of service is less than 25 years, he shall receive equal to 50% of his Final Wage. 3. In case of a disability of 30% or more but less than 70% and where the length of service is 25 years or more, he shall receive equal to 50% of his Final Wage. 4. In case of a disability of 30% or more but less than 70% and where the length of service is less than 25 years, he shall receive equal to 30% of his Final Wage. A civil servant may be eligible for disability retirement if she/he becomes disabled for useful and efficient service. Disability means a civil servants inability, because of disease or injury, to perform 14 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 satisfactorily and efficiently the duties of hers/his position. Significant medical documentation is required prior to approval of a disability pension. The retirement of a civil service employee in case of disability or illness is approved based on certification by a health panel of disability determination or authority of the Ministry of Public Health. The Directorate for Monitoring of Implementation of Health Regulations, Ministry of Public Health (MoPH) in Afghanistan constitutes the Certification Panel. The Panel is comprised of seven specialist doctors from the different hospitals in Kabul. The Panel certifies and decides on pension disability cases. The Panel is constituted quarterly and holds weekly sessions at the MoPH, Great Masoud Square, Kabul. Provincial disability certification is provided by local health clinic within each province. The provincial health clinics send their findings to the Certification Panel, MoPH,Kabul for their final and binding decision. Also: Disability conditions of the disability pensioner shall be reviewed every three (3) years by the same MoPH Certification Panel. If s/he is capable of employment after disability, s/he is deprived of their pension benefits until reaching other retirement conditions/categories or when disability gets re-certified. A disabled retired person is also deprived of disability pension benefits if: a) He/she is capable of employment after disability b) The disability is due to addiction to narcotics and intoxicants c) When medical history establishing disability is deliberately forged Disability pension shall be paid with no deduction irrespective of age. Category 5: Severance (suspension, forced resignation and absence from the work, working outside of the civil service grades and end of suspension with pay period) Civil service employees classified under the category of severance are eligible for pension benefits. The separate instructions on severance issue will be provided by the IARCSC. 6. DETERMINING ACTUAL LENGTH OF SERVICE Actual length of Service includes the total years and months of all periods of employment in the civil service of the Government. All civil servants who been employed according to the old pay scales qualify to their years of service under the old scheme counted and added to their years of service under the new pay and grade scheme of IARCSC. That is, when the actual length of service is calculated the entire period of service under the old and new pay scales will be considered as the actual length of service. 15 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 While determining the actual length of service of a civil servant, six months length of service or more shall be regarded as one year of service, and less than six months will be not taken in consideration. Example 1 – less than six months service If a civil servant has worked for twenty-five years and five months his/her actual length of service in total will be twenty-five years. Example 2 – six months service If a civil servant has worked for three years and six months his/her length of service in total will be four years. Example 3 – more than six months service If a civil servant has worked for seven years and eight months his/her length of service in total will be eight years 7. COVERAGE OF PENSION BENEFITS Under the Regulation the following public employees qualify for civil servant employee pension benefits: Civil service employees of Ministries, Attorney General Office, General Independent Organizations, Independent Commissions, State Owned Enterprises, Administration sections of Upper and Lower Houses (Parliament), permanent and contract civil service employees of the Judiciary and mixed companies in which the share of Government ownership is more than fifty percent Academic professors of Higher Education Institutions and Academy of Science of Afghanistan. Civil service employees, those are working with agreement of the Government in accordance with the civil service posts in political / cultural agencies, councils and other Afghan institutions abroad or in United Nations agencies or other International Organizations. High ranking government officials. Ministries and Independent Organizations pertaining to military. And their survivors of the preceding categories where survivors are the persons that are eligible for the pension benefits of a civil servant employee upon his/her death. 8. PENSION CONTRIBUTIONS Under the new Regulation the following applies: The pension contribution is comprised of both civil servant’s and the organization’s contributions. 16 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 The contribution of the civil servant is equivalent to eight percent (8%) of the employee’s monthly wage and the allowances provided to the post. The contribution of the organization to the pension treasury is equivalent to eight percent (8%) of monthly wage along with allowances provided to the post No tax is imposed on pension contributions. The Ministry of Finance, Treasury, will issue additional instructions on how to make pension contributions according to the new Pension Regulations for The Civil Service Employee of Afghanistan. 9. PENSION CALCULATION Pension will be calculated on the basis of the actual length of service of the civil servant, the average basic salary of the civil servant over the last three years of service and the accrual rate which is two percent (2%) per year. In all cases, pensions cannot exceed eighty percent (80%) of the final wage. HOW TO CALCULATE THE FINAL WAGE The Final Wage is defined as average of the monthly wage and allowances over the final three (3) years of actual service, taking into account annual increases in wages. Final Wage calculaon examp l e 1 : Rashid The most important point to remember is that the Final Wage is an average calculated over three years only. In 1387 Rashid was paid 8000 Afs per month. His posion wa s Gr ade 5, St ep 1. Rashid’s total salary for 1387 was 96,000 Afs. 8000 Afs mulpl y by 12 (m o nt h) equal s 96000 Afs Next year, 1388, Rashid was promoted from Step 1 to Step 2, Grade 5. His salary increased to 8,300 Afs per month. His total salary for 1388 was 99,600 Afs. 83 99600 Afs In 1389 Rashid was promoted to Step 3, Grade 5. His salary was now 8,600 Afs. His total salary for 1389 was 103,200 Afs. 8600 Afs mulpl y by 12( mo nt h) equal s 103200 Afs Rashid’s total salary for the final three years of service equals 298,800 Afs. To calculate the average, divide the final salary by the total number of months of service. 298,800 Afs divided by 36 months equals a Final Wage of 8,300 Afs. 17 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 However, in certain cases individuals will retire with less than three years on new wages after Pay and Grading reform. In such cases, Final Wage will be calculated on the basis of average for that actual period of wage payments under Pay and Grading reform. Final Wage calculation example: Muhannad Muhannad worked as a senior administration officer in 1389 and in te beginning of that year he was admitted on the new wage under Pay and Grading reform. As a Grade 4, his salary was 9,900 Afs. In 1390, Muhannad’s Grade 4 increased to 10,400 Afs per month. In early 1391, he rer ed aer wor ki ng onl y t wo year s on Pay and Gra di ng scal es . So, his Final Wage will be calculated on only on the basis of the two years Muhannad worked, so it will be 10,150 Afs. Pension Calculation in the Interim period After Pay & Grading reform has started in the organization, the period of at least next five years will be treated as an interim pension period. The new Pension Regulation requires higher contributions from civil service employees compared with the previous scheme; 8% compared with 3%. Consequently the final pension is higher under the new scheme. Civil Service employees who work for longer under the new scheme will receive a higher pension than those who have worked for a 2 shorter time under the new system. It is important to note that the interim period is not the same for everyone. The length of the interim period depends on when Pay and Grading reform has started for each civil servant. That means the date the civil servant signed the contract for their new position on the revised pay scale. The following two case studies help explain the impact of different Pay and Grading contract start dates on pension calculations during the Interim Period. Example1: Waheed Waheed completed the Pay and Grading process on January 01 2008. His interim period, like all other civil servants, lasts for five years. Waheed’s interim period begins on January 01 2008 and finishes on 31 December 2013. Example 2: Samia 2 This interim period may be extended or reduced based on decision made by MOLSAMD, MOF and IARCSC 18 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 Samia completed the Pay and Grading process on April 10 2009. She works with Waheed in the same Ministry, but her Directorate participated in Pay and Grading after Waheed’s Directorate had finished. Samia’s interim period is also five years, like all other civil servants. Samia’s interim period commences on April 10 2009 and finishes on April 09 2014. The accrual rate during this period will be as follows: If a civil service employee retires less than three years into the new Pay & Grading scheme, the Final Wage will be multiplied by the total previous length of service multiplied by one point four percent (1.4%) Example 1 A civil service employee has worked for less than 3 years under the new Pay& Grading Scheme. His Final Wage pay is Afs 7,260 and his length of service under the old scheme is 30 years. His pension benefits are calculated as per the law, as follows: If a civil service employee retires between four and five years into the new Pay & Grading scheme, the Final Wage will be multiplied by the total length of previous service multiplied by one point seven percent (1.7%). Example 2 A civil service employee was recruited at Grade 4. Hers/his length of service under the new Pay & Grading Scheme is more than 3 years but less than 5 years. Her Final Wage is Afs 9,160. His length of service under the old grading system is 35 years. Her pension benefits are calculated as per the law, as follows: Afs 9,160 If a civil service employee retires after five years into the new Pay & Grading scheme, the Final Wage will be mulpl ied by the tot al lengt h of pr evi ous ser vi ce m u l pl i ed by t wo per cent (2%) . Example 3 A civil service employee has worked under the new Pay & Grading Scheme for more than 5 years and then retires. S/He finishes at Grade 3 level with a Final Wage of Afs-13,010. His length of service under the former pay system was 36 years. Hers/his pension benefits are calculated as per the law, as follows: 19 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 Pension Calculation in cases of short service An employee who has worked for less than five years shall receive the lump sum payment of 2 months of Final Wage per year of service and one who has worked between 5 to 10 years shall receive the lump sum payment of 2 and a half months of Final Wage per year of service. Standard procedure of application for pension benefit will be used by the HR officer. 10.PAYMENT OF PENSIONS Following the approval of a pension application, the Pension Department of MoLSAMD will execute the pension benefits to eligible civil service employees or his/ her survivors. The survivors 1. The survivors will be able to collect the benefits all at once (lump sum) or 2. In Installments for fixed period, until all the funds for that pension benefit are exhausted Civil service employees 1. The payment of the pension benefits to civil service employees will be made on regular basis as defined by MoLSAMD. The Government may issue additional instructions on payment of pension benefits to some categories of pensioners in form of a lump sum. Payment of pension benefits will be made by bank transfer by the MOF to the bank account of pensioners. The first payment for everyone will be paid by cheque in case of the absence of a bank account. 11.PENSION APPLICATION PROCEDURE 1. Preparaon and submi ssi on of Pens i on Appl icaon file Completing pension application file by a HR Officer is divided in two phases. Phase 1 – Collecting all necessary information for compiling pension application file Phase 2 – Completing Pension application File and submitting it to the Pension Department for further processing Phase 1 HR Officers will: 20 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 a) 90 days before rer eme nt , fut ur e rer ee wil l recei ve f rom a HR Officer a Notification of Retirement form (HRF-01) outlining the choices he/she has about their coming retirement. The HRF-01 will also contain informaon about any l iabi lies (i f any) , right to defer a pension and informaon that 15 days pr i or to thei r last day at wo r k they will be contacted by relevant HR Officer who will help them complete their pension application file. b) Complete Application Form (HRF-03) and secure the approval from the authorized representative of the organization who has the delegated authority c) In case of death or disability of an employee, the HRF-02 form is prepared immediately upon occurrence of such case. Phase 2 As soon as HRF-02 form is approved, the HR Officers will: a) 15 to 30 working days prior to future rer ee’ s last day of wo r k a HR Offic er wi ll initiate the process of the application for retirement and him/her to complete the Departure Clearance Form (HRF-02). b) Complete Service Record Form (HRF-04) c) Complete the Payment Information Form (HRF-05) with existing bank details (if such) or with all information needed to open new bank account for future pensioner. This form is sent to the Pension Department who will further communicate it to the MoF. d) In a case of disability pension obtain from the employee a Disability Certificate from the Health Certification Panel and complete Disability Notification Form (HRF-06) in order to inform the Pension Department about the type of disability. e) In case of death, obtain death certificate from the surviving family of the employee, and where appropriate, certification for service related death f) Obtain Copy of the Official ID Card g) Obtain Copy of the Taskera ID Card h) Obtain Copy of a Bank Card (account) if exists In Kabul once the Pension Application file is completed, HR Officer is Sending completed file to the Pension Department of MoLSAMD within 5 working days of its compleon. I n the provinces once the Pension Application file is completed, HR Officer is Sending completed file to the Pension Department of MoLSAMD in Kabul on quarterly basis. All such transfers of documents will occur in batches and each batch will need to be numbered as [Organization Code]-[Date Of Transmission] Retirement Application form (HRF-03) is made in 2 copies (one original and one copy). Upon submission of complete application file to the PD by a HR Officer, the PD Officer is verifying the complete file and, if complete and acceptable, stamping and dating the HRF-03 and 21 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 giving back one copy to HR Officer as a proof that application has been received by the Pension Department. A complete application is an application that has NO missing documents or information. A compliant application is an application that complies with all legislative and procedural requirements. 2. Electronic submission of the applicaon fil e When IT system of the Pension Department becomes available to all organizations, the corresponding HR Officers will be required to enter forms HRF-03, HRF-04, and HRF-05 on such system. When entered, the system will generate automatic Confirmation Number, which will need to be put on the forms prior to submission to the Pension Department for easy verification. The process consists of the following steps: 1. HR Officer submits a pension application file. Only one copy is required for each document, except HRF-03 in which case two copies are required as one is stamped by the PD and given back to the HR Officer. 2. Within 5 to 10 working days, Pension Department reviews the application to ensure it is complete and compliant with all regulations, including ensuring that all supporting documents have been filed, that it corresponds to the electronic entry, and that individual that is applying is eligible. 3. If the application is found to be complete and compliant, and the individual is eligible, the Pension Department will approve it by issuing Notification of Pension Application File Receipt Form (PDF-01). The Form will be sent to the HR Officer and will need to be forwarded to the applying individual. The form will have a unique number and that number will need to be used for all future communications on that case with the Pension Department. 4. If the application is found to be incomplete and/or non-compliant, Pension Department Officer sends a Notification of Receipt of Pension Application (PDF-01) to the relevant HR Officer, indicating the problem with the application. The HR Officer has 15 days to respond to the completeness and/or compliance issues. 5. HR Officer then re-submits the application (or its missing parts) to the Pension Department. If a new form needs to be submitted, the box “Correction” needs to be marked at the top of the form. 6. Pension Department Officer reviews the application again to ensure it is complete and/or compliant, including ensuring that all supporting documents have been filed. If the application is complete and compliant, Pension Department Officer approves it by 22 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 issuing a Notification of Receipt of Pension Application (PDF-01) and accepts the application for further processing. 7. If the application remains incomplete and/or non-compliant, Pension Officer may call a meeting with relevant HR Officer (including other parties, if affected) to discuss completeness and/or compliance issues and to set out a timeline for resolving the issues. 8. If step 7 took place, Pension Department Officer sends to the HR Officer a second Notification of Receipt of Pension Application (PDF-01) that summarizes the issues that were discussed at the meeting, and sets out the agreed-upon steps that will be taken to address these issues. 9. If steps 7 and 8 took place, the HR Officer responds to Pension Department Officer’s second completeness and/or compliance Notification of Receipt of Pension Application (PDF-01) in accordance with the agreed timeline and re-submits the application file. 10. If steps 7 through 9 took place, Pension Department Officer reviews the application for completeness and/or compliance, including ensuring that all supporting documents have been filed. If the application is complete and compliant as described above, Pension Department Officer approves it by issuing Notification of Receipt of Pension Application (PDF-01) accepting and approving the application. If the application remains incomplete and/or non-compliant, Pension Department Officer issues a final Notification of Receipt of Pension Application (PDF-01) to refuse and reject the application. In this case the whole application procedure needs to be repeated and restart from the first step. SUSPENSION OF PENSION AFTER RE-JOINING SERVICE a) When individual who is already retired decides to re-join the service, on a regular contract, HR Officer will need to complete the Suspension of Pension Form (HRF-07) in order to inform the Pension Department of this change. b) When individual who is already retired re-joins the service and suspends his pension and after certain period decides to apply for retirement, his/her new pension application needs to be submitted by relevant HR Officer and must include all previous service history records. In this case his/her new pension benefit will be recalculated taking into account the new service period. DEFERRED PENSION AND DEATH OF EMPLOYEE Individuals may choose to defer the receipt of pension benefits following separation from the service and start receiving pension benefits at a later date. In such cases, the application file must to be submitted to the Pension Department at the time of separation following all the above procedures. In cases when a uniform sector employee has deferred a pension but then died before starting to receive the benefit, the following procedure is applicable: 23 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 (i) (ii) Family members of such individual will have to apply directly to the Pension Department. They may want to obtain assistance from the HR Officer if required (for example, to obtain copy of the original PDF-01 form that was sent by the Pension Department to the HR Officer). The Pension Department will process this application as a special case and will grant pension benefit on the basis of the survivorship provisions of the Regulation. General information All new forms will be printed and distributed for free to all relevant uniform sector organizations by MoLSAMD. All new forms will be printed in two official languages of Islamic Republic of Afghanistan (Dari and Pashtou). In case of shortages of forms relevant organization needs to approach the Pension Department in Kabul and order new supplies. It is the Pension Department responsibility to calculate and award pension benefit in accordance to the Manual for Pension Department prepared by MoLSAMD. 24 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 Flow Diagram of Pension Application Procedure for HR Officers Civil service employees HR Officer prepares issues Notification of Retirement to eligible civil service employee (HRF-01) HR Officer Issues prepares and has approved Pension Application Form (HRF-03) HR Officer prepares and has approved Departure Form (HRF-02) HR Officer Issues prepares and has approved Service Record Form (HRF-04) HR Officer prepares Service Record Form HR Officer prepares (HRF-04) Payment Information Form (HRF-05) Future Pensioner receives, accepts and acknowledges Notification of Receipt of Pension Application (PDF01) In a case of disability pension, HR Officer prepares Disability Notification Form (HRF-06) In a case that Retiree re-joins a service, HR Officer prepares Temporary Suspension of Pension Form (HRF-07) MoLSAMD Pension Department Kabul 25 DRAFT GUIDEBOOK FOR HR MANAGERS FOR IMPLEMENTATION OF THE PENSION REGULATION FOR THE CIVIL SERVICE EMPLOYEES OF AFGHANISTAN – March 2011 12.APPEALS If the civil service employee or their survivor/s are dissatisfied with the pension decision they may complain directly to the Appeal Commission. The Appeal Commission comprises three members from MoLSAMD and two members from IARCSC. The Commission will be formed when required to address the complaints of the civil service employee or their survivors regarding the calculation and payment of pension benefits. The appeals commission will meet not less than quarterly and such meetings will be officially called by the Deputy Minister of Labor [PLEASE DISCUSS WITH BASHIRI!!!]. The Commission will designate a secretariat with such appeals will have to be submitted. If the civil service employee or their survivor/s are dissatisfied with the decision made by the Appeal Commission they may complain to the court. 13. QUESTIONS AND ADDITIONAL HELP The Pension Department will designate a special telephone line where all inquiries regarding the application process, eligibility cases, and benefit calculations can be submitted. The MoLSAMD will notify in due course on the telephone number and hours of operation 26 27
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