SECTION III: PROVISIONS CONCERNING VOLUNTARILY CONTRIBUTORS
SECTION III
PROVISIONS CONCERNING VOLUNTARILY CONTRIBUTORS
ARTICLE (18)
1. For the purposes of application of the provisions of paragraph (4) of Article (4) and paragraph (4) of Article (8) of the Law, the voluntarily contributor shall be subject to all the provisions of the Law that are not contradictory to his status as voluntarily contributor save where a special provision is set out therefore, with due regard to the following:
a. The monthly income elected by the voluntarily contributor from among the income categories included in Schedule No. (1) attached to the Law shall be correspondent to the monthly contributory wage in respect of the compulsorily contributor, and the benefits entitled to him shall be computed with due regard thereto.
b. One contribution month shall be recorded in favour of the voluntarily contributor against every month for which he has paid full contribution.
c. For the purposes of application of the previsions of paragraph (4) of Article (43) of the Law, the provisions of paragraph (2) of Article (19) and paragraph 3(c) of Article (38) of the Law shall not be applied to the voluntarily contributor in accordance with the provisions of paragraph (4) of Article (4) of the Law.
2. In cases where the voluntarily contributor elects an income category exceeding his last wage in his compulsory coverage by more than 10% or exceeding a category higher than such percentage (if the percentage falls between two categories), the benefit payable to him for his compulsory contribution period shall be computed on the grounds that it is an independent period, although it shall be taken into consideration upon the determination of the kind of benefit (pension or lump sum compensation, as applicable) due to him for the total contribution periods.
3. If the voluntarily contributor is entitled to pension for his compulsory contribution period, he shall be treated in accordance with the provisions of paragraph (4) of Article (38) of the Law, without prejudice to the provision of the preceding paragraph (2).
4. The voluntarily contributor may not claim payment of pension by reason of attaining sixty or more years of age unless his actual contribution period preceding the discontinuation of his coverage is of the level that gives him the right to receive a pension under the provisions of paragraph 1(a) of Article (38) of the Law, with due regard to the provision of paragraph (5) of Article (19) of these Regulations.
ARTICLE (19)
1. For the purposes of application of the provisions of Articles (39) and (40) of the Law, the voluntarily contributor shall be treated the same as the contributor who was afflicted with disability or died while he had been in employment, if he had paid all the contributions due until the end of the month preceding the month in which the disability or death occurred, provided that payment should have actually been effective prior to such date. Where this condition is not fulfilled, the contributor shall be treated the same as the contributor who is afflicted with disability or dies after he leaves the employment covered under the Law.
2. For the purposes of application of the provisions of Article (45) of the Law, to accept his application for early retirement prior to reaching age sixty, the voluntarily contributor shall produce to the Organization such documents as may prove the discontinuation of his activity or employment on which basis he has participated in the Scheme, such as cancellation of the commercial register or sale or liquidation of the establishment, provided that he has not been engaged in any of the activities or employments covered under the Law.
3. If a voluntarily contributor has received early retirement pension and has, subsequently, resumed any activity or employment that permits the contributor to qualify for voluntary or compulsory coverage before age sixty, his pension shall be put on hold even if he has not requested to have a voluntary coverage, in which case the pension shall remain on hold until the date on which he leaves such activity or employment or attains sixty years of age and continues to be unwilling to participate in the Scheme again, whichever of the two dates is earlier.
4. If, prior to attaining age sixty, the voluntarily contributor fails to notify the Organization of his resumption of any activity through which he may request to have voluntary coverage or become subject to compulsory coverage, the Organization may, as soon as it is aware thereof, suspend his pension and claim him to repay the pensions he has unlawfully received plus the fines imposed by the Law.
For the purposes of application of the provisions of paragraph (2) of Article (8) and Article (46) of the Law, the voluntarily contributor’s discontinuation of payment of contributions shall not have effect on the lawfully prescribed times of entitlement to benefits. Where the time of entitlement falls due and it is discovered that his total contribution periods do not qualify him for pension, his membership shall be cancelled and the total contributions paid by him shall be refunded to him or to his family, as applicable.