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The right in social insurance
Social insurance is a right for all citizens to ensure them a decent life, social insurance law no. 112 has been issued so that everyone benefits from social insurance especially the irregular employment and other social groups who weren’t included by the laws of insurance and pensions, therefore the law no. 112 for the year 1975 and modified by the law no. 112 for the year 1980 has been issued (the comprehensive insurance law).
1) What are the groups that benefit from the law 112?
-Temporary agrarian workers (who work less than 6 continuous months).
-People who have possession of agrarian lands that are less than 10 feddans (owners or tenants).
-Agrarian land owners (who don’t have possession of them and own les than 10 feddans).
-Building and estate owners who receive revenues less than 250 pounds a year.
-Fishermen who work for people in the private sector.
-Evacuation workers.
-Small people who work for themselves (salesmen, parking boys, shoe cleaners or polishers).
If they applied the following conditions:
*Didn’t use workers.
*Practice their activity in a constant place with a trade register.
-People who work in private houses.
If they applied the following conditions:
*The working place must be inside a house prepared for private residence.
*The practiced work must be done by hand to serve personal needs for the employer and his family.
-Sailboat owners in the fishing, sea and river transportation sector, on the condition that they don’t use workers.
-People in vocational training centers for leprosy patients.
-Church servants who are not included in the social insurance law.
-Urban and rural female pioneers.
-People who read and teach the holy Koran of the second grade.
-Convalescents of excrescences patients in training centers related to deferent foundations for fighting excrescences.
-Inheritors of work owners in individual establishments.
If they applied the following conditions:
*If there was no more than one worker working in the establishment at the date of the work owners’ death.
*If the inheritors’ share of the establishments’ yearly income less than the minimum limit of the income of the yearly contribution reported in table no. (1) attached to the law no. 108 for the year 1976 which is 1200 pounds.
*The beneficiary who is no in charge of management.
-Owners of house, rural and family manufactures if they didn’t use workers.
The groups referred to continue their benefiting if spent a punishment sentence in jail, the profession of the insured person is defined by his ID cardand will not depend on any other official document.
2) How is the comprehensive insurance system financed?
Financing depends basically on small contributions from the insured people as the following:
-Contributions: started with a monthly contribution of (30 piasters) and then increased to (one pound) the insured person pays in the form of a stamp pasted on the insurance card that is offprint by computer and renewed every 3 years.
-Indirect resources: the sums put under the general balance for financing pensions that are guaranteed by this system, the sums given by Naser social bank according to the decision of the minister of insurance after the agreement of the administration board of the specialized form, 2% of the yearly collected contributions, a sum equal to half the tolls of the licenses of all types of fishing boats, a toll of one pound determined on all types of working licenses when issued or renewed, a toll determined on agrarian land owners which is (25 piasters) on each feddan and (five pounds) on each feddan of fruitful gardens and the minister of agriculture defines the gardens that are included in this toll and (20 piasters) on each measuring unit (quintal, ton) of crops marketed by the governmental, public and private sectors, assistance and support sums paid by the general treasury to the people who take pensions, the revenue of investing this money, the returns of the fines of violating this law and advertisements, gifts, donations, endowments and commandments accepted by the forms’ administration board. And there are other resources that cover the weakness in the systems’ resources if that happened.
3) What are the advantages and conditions of benefiting from this insurance?
To gain benefit of this insurance, the age of the insured person must not be under 18 years or over 65 years, (the age is defined by the birth certificate or any other official document) and if the documents were not available, the insured person gets transferred to the specialized aging committee that asks for one of the following documents for guidance:
-The marriage coupon.
-Birth certificates of the grandfather or the children.
-The recruitment certificate of the person or his children.
-Any other certificate related to defining the age.
4) The way of registering the insured person:
He must come forward to the specialized office of social insurance requesting to register his name in the forms’ registrations, the application form consists of 4 copies, the first copy is sent to the headship of the form, the second copy is sent to the bank of the village, the agrarian association, the syndicate or bond that the insured person deals with, the third copy is for the insured person and the fourth copy is kept by the specialized office as a register that includes information and data about the insured person, the insurance office gives to each insured person (an insurance card) with his insurance number written on ot and it lasts for 3 years then the insured person is given another card, the contribution is paid by sticking one pound stamps on the insurance card issued by the form monthly, these stamps are not always available which make an obstacle in front of the insured people to pay their contributions, as the insured person has to go from his village to the city to pay his contribution in cash which form a big financial exhaustion on him which make him desist from paying.
5) When is it the right of the insured person to collect the pension decided by the law?
-Reach the age of 65 on the condition that his participation period is no less than 120 months (10 years).
-Prove his total and permanent disability, which prevent him from working and earning money.
-The death of the insured person.
In the cases of total and permanent disability and death it is stipulated that the period of the insured persons’ participation is no less than 6 months and reduced to 3 months to those who make the participation procedures in the form.
6) What is the value of the pension?
The system has started with a pension of 10 pounds then increased to 12 pounds a month, and continued increasing with 5 pounds each year from June 1991 as an application of the law no. 16 for the year 1991 till it reached a sum of 80 pounds a month in 1/7/2002.
In the case of the insured persons’ death the form pays a sum of 20 pounds as expenses for the funeral.
The insured person is not allowed to join between this pension and other deserved pensions according to any of the insurance laws and if there was a big deference between them in value.
7) What can be done to anyone who didn’t have social insurance?
If a person reaches the age of 65 or reaches the state of total and permanent disability or dies without having social insurance, he has the right or his inheritors to come forward with a demand of participation to the specialized insurance office which consist of 3 copies:
The original is sent to the forms’ main center attaching with it the required documents to receive pension, the second copy is kept by the insured person and the third copy kept in the office, and then the pension is paid to the insured person or his inheritors after a maximum period of 2 weeks from the date of presenting the fulfilled documents.
8) What is the deference between the law of comprehensive insurance and El Sadat pension?
It is commonly mixed between the beneficiaries of the law of comprehensive insurance and the beneficiaries of El Sadat pension, as El Sadat pension has been stated in the fifth subject of the law of comprehensive insurance no. 112 for the year 1975 modified by the law no. 112 for the year1981.
The fifth subject has stated that:
The pension is given according to the decisions of the associated law (El Sadat pension) to everyone who reaches the age of 65 or proved to have total and permanent disability or died before the date of applying this law and didn’t deserve pension because he is not one of the insured people according to the decisions of the social insurance laws, the stated contribution value is deducted from the pension for the last ten years according to the eighth clause of the sixth subject of the associated law, in the limit of the quarter of the deserved pension.
But the kaw no. 112 for the year 1980 has made conditions to benefit from its’ decisions that the age of the insured person doesn’t be under the age of 18 or over 65 along with the rest of the referred to conditions.
The law no. 112 for the year 1975 has begun in 1/1/1976 with a pension of 6 pounds increased by 10% in 1/1/1977 to be 6.60 pounds then increased to 8 pounds in 1/7/1978 then increased to 10 pounds in 1/7/1980 after issuing the law no. 112 for the year 1981, when the mentioned groups of the fifth subject (El Sadat pension) were given the same value (10 pounds) and with the developing increases in the years, the insurance pension has reached 80 pounds in 1/7/1999 and until now, while El Sadat pension only reached 68 pounds in the same date.
9) In case of death, how is the pension distributed on the widow and children?
The widow or her children get half the pension, and the children of the insured person get the other half, and if there was only a widow with no children she gets three quarters of the pension and if there were more than one wife this share gets distributed equally between them, and if there was only a boy he gets two thirds of the pension and if there were more than one boy they get the whole pension distributed equally between them.
The law stipulates that the son be no more than 21 years old permanently disabled or a student in one of the education levels that don’t pass receiving the academic degree of a licentiate or bachelor or any other equal certificates on the condition of not passing the age 26 and the unmarried girl.
And there are general conditions that all groups are submitted to, and they are that non of them should have income from his work, and if the conditions are applied on one of the deserving people to more than one pension according to the decisions of this law or any other law they get the biggest pension and will assume that the other doesn’t exist.
10) How is the pension given back after it has been cut off?
-In case of cutting off the pension of the widow, the deserving children get the pension from the date of her death or the death of her husband.
-In case of cutting off the pension of one of the children, his share is added to the share of the widow/s.
-In all cases it is considered that the share of the deserving person doesn’t exceed the maximum limit defined in the table.
Therefore the Center confirms that the insurance law no. 112 with its’ modifications has partially guaranteed for the poor and the workers in the unofficial working market the right in social guarantee.
And we all must (individuals and unofficial foundations) to work with all means to demand the government to raise the sum of the pension to the deserving people to 300 Egyptian pounds to guarantee their right in social insurance and a decent and suitable life.