Anukret October 6, 1997 Retirment Pensions

ANUKRET DATED OCTOBER 6, 1997

ON THE REGIME OF RETIREMENT PENSIONS AND PROFESSIONAL UNFITNESS OF CIVIL SERVANTS

059-ANK-BK

The Royal Government,

having seen the 1993 Constitution of the Kingdom of Cambodia;
having seen Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia;
having seen Kret NS-RKT-1094-083 dated October 24, 1994 on the modification of the composition of the Royal Government of Cambodia;
having seen Kret NS-RKT-1094-090 dated October 31, 1994 on the modification of the composition of the Royal Government of Cambodia;
having seen Kram NS-RKM-0794-002 dated July 20, 1994 on the organization and functioning of the Council of Ministers;
having seen Kram NS-RKM-1094-006 dated October 30, 1994 on the Common Statute of Civil Servants of the Kingdom of Cambodia;
having seen Kram NS-RKM-0196-017 dated January 24, 1996 on the creation of the Ministry of Social, Labor and Veterans Affairs;
having seen Kret CS-RKT-0897-147 dated August 7, 1997 on the modification of the composition of the Royal Government of Cambodia;
having seen Anukret 005-ANK dated March 11, 1992 on the Improvement of Wages of Civil Servants and State Workers ;

upon the proposal of the Secretary of State of the Ministry of Social, Labor and Veterans Affairs;

the Council of Ministers having heard during their meeting on August 21, 1997;

decides:

CHAPTER 1

REGIME OF RETIREMENT PENSION

Article 1:

Civil servants of both sexes shall benefit from a monthly retirement pension when they satisfy the conditions of Articles 54 and 55 of the Common Statute of Civil Servants.

Article 2:

Civil servants of both sexes shall receive a seniority retirement pension equaling 80% of their respective net salary, when they have accomplished at least 30 service years.

This seniority pension shall be applicable in the following cases:

civil servants that are at least 55 with at least 30 years of service;
civil servants having more than 30 years of service and having volunteered to retire before 55.

Article 3:

Civil servants having met conditions of retirement mentioned to the Article 1 above and that have at least 20 years of service, shall benefit from a maximum retirement pension equal to 60% of their respective net salary. Those that have more 20 years of service shall receive a proportional annual supplementary pension of 2% of their net salary. This proportional pension shall take into consideration the following elements:

1. it must not be higher than 80% of the seniority pension;

2. it must not be less than the net monthly salary at the payscale of the person concerned.

Article 4:

The monthly retirement pension of civil servants shall be increased by a zone allowance where the person concerned serves, an allowance of hardness for those that have heavy work, tedious work, work affecting their personal health, and this as if they were in service before their placement on retirement, the family cost for woman, children of less than age 15; for children over 15, an attestation of schooling is required, as well as other expected subsidies by the State.

Article 5:

Civil servants placed on retirement automatically by their ministry shall receive at one time subsidies equal to 8 months of their respective raw monthly salary.

Article 6:

Civil servants of retirement age having less than 20 years of service shall not be granted a retirement pension. In such case, the State shall refund in one payment the pension deductions previously withheld, with the other additional subsidies. In such case or in the case where the retirement pension and a professionally unfit do not yet exist, the State will support these costs by taking into account the number of years of service until the last date of service. These subsidies shall be based on the number of years of service and shall be equivalent to the gross monthly salary of the person concerned multiplied at a minimum by 4, and a maximum of 10.

Article 7:

Civil servants of retirement age having 30 years of service as provided by Article 56 of the Common Status of Civil Servants and that are authorized by the State to continue their service, shall be exempt from retirement pension deductions.

Article 8:

Seniority of civil servant service shall be calculated in the following manner:

The general length of service for civil servants shall be that served for the State in all regimes. In particular, civil servants working before 1975, but not having worked under the Pol Pot regime, shall have their length of service increased by 3 years, 8 months and 20 days.

The period of civil servant service shall encompass:

the length of service as a permanent employee with full rights in the ministries;
the internship or professional training period inside or outside of the country in the capacity as a State civil servant;
the period of time when the civil servant was assigned by the State to work abroad;
the period of time when arrested or imprisoned, which is not followed by a condemnation;
the period of time when undertaking military and police service;
the probationary training period.
The period of time while on leave without pay shall not be taken into account as a part of the service period.

Article 9:

Civil servants of both sexes over the age of 55 may continue their service if they meet conditions provided Article 63 of the Common Status of Civil Servants and Anukret No. 40 dated September 25, 1996 on the criteria for postponing retirement of civil servants.

Article 10:

In case of death of a pensioner, his/her family shall benefit from a one-time subsidy equal to 12 months of his/her monthly retirement pension for traditional funeral purposes. The spouse of the deceased shall continue to receive a monthly subsidy until his/her death or until his/her new marriage. Children of the deceased shall also receive a subsidy like other children of civil servants, until the age of 15 years; an attestation of schooling is required of them when they are more than 15 years of age.

CHAPTER II

PENSION REGIME FOR PROFESSIONAL UNFITNESS

Article 11:

Civil servants of both sexes that are professionally unfit with 20 years of seniority and that have not yet reached the age of retirement shall have the right to a professional unfitness pension per the conditions provided in the Article 19 of the Common Statute of Civil Servants. If they do not meet these conditions, they shall be dismissed and benefit from subsidies and refunds of deductions as in the case of civil servants that do not meet the conditions for retirement.

The maximum professional unfitness pension shall be fixed to 65% of net salary. It is applicable to civil servants whose professional unfitness is due to an accident while at work or on duty. The minimum professional unfitness pension shall be fixed at 50% of net salary. It is applicable to civil servants that have professional unfitness due to a sickness or to an accident. Civil servants having seniority of more than 20 years of service shall receive a minimum professionally unfitness pension to which is added an annual proportional supplementary pension corresponding to 1.5% of their respective net salary. However, this proportional pension shall not be more than the maximum professional unfitness pension, nor less than 90% of the maximum net salary at the payscale of the person concerned. Professional unfitness conditions for civil servants shall be determined by a commission as provided by Article 19 of the Common Status of Civil servants.

Article 12:

Civil servants in a professionally unfit state shall benefit from subsidies for zone allowances, allowance for hardship, family costs and others subsidies in line with pensioners.

Article 13:

Seniority of civil servant service for a professional unfit state shall be calculated in the same manner as that of pensioners.

Article 14:

Civil servants automatically placed in a professionally unfit state shall receive a one-time subsidy equaling to 7 months of their respective gross monthly salary.

Article 15:

When a civil servant in a professionally unfit state dies, his family shall receive a subsidy from the State in line with that of pensioners.

CHAPTER III

MANAGEMENT OF RETIREMENT PENSIONS AND PROFESSIONAL INAPTITUDE

Article 16:

Each year, all ministries and institutions shall prepare for the attention of the Ministry of the Social Action, Labor and Veteran Affairs and the Ministry of Economy and Finance, a draft budget and statistic of civil servants about to reach retirement and civil servants about to be placed in a professionally unfit state with a view to reserve part of the budget destined to pensioners and unfit professionals. Each ministry shall establish a draft budget and shall pay the first subsidy to pensioners and to unfit professionals. This first subsidy shall be the subject of a proposal to the ministry of Economy and Finance.

Management and the monthly payment of retirement pensions and professionally unfit pensions shall be the responsibility of the Ministry of the Social Action, Labor and Veterans Affairs until the creation of a fund for retirement pensions and professionally unfit pensions.

Article 17:

Pensioners and unfit professionals having in the past received their monthly retirement pension or their professionally unfit pensions, shall have the right to a allowance for family expenses provided under Article 4 of this Anukret.

Article 18:

The Ministry of Social Action, Labor and Veterans Affairs shall establish implementation procedures for this Anukret.

CHAPTER IV

FINAL PROVISIONS

Article 19:

Co–Ministers in charge of the Office of the Council of Ministers, the Secretary of State of Social Action, Labor and Veterans Affairs, the Minister of Economy and Finance, the Secretary of State of the Civil Service, and all ministries and institutions shall be responsible for the enforcement of this Anukret from the date of its signature.

Phnom Penh, October 6, 1997

Submitted to First Prime Minister and Second Prime Minister,

The Secretary of State of Social Action, Labor and Veterans Affairs

Suy Sem