Section 35: Where—

(a) on the application by the Trust any attachment is issued against the property of an employer in execution of an order against him and such property is seized or sold or otherwise realised in pursuance of such execution; or 18 No. 5 *The National Social Security and Insurance Trust Act* 2001 (b) on the application of a secured creditor, the property of an employer is sold; the proceedings of the sale or other realisation of such property shall not be distributed to any person entitled thereto until the Court ordering the sale or other realisation has made provision for the payment of any amount due by the employer under this Act before the date of such order. [Margin: Protection against attachment.] **36.** Except as provided in section 38— (a) the accumulations to the credit of any member or contribution in transit to the Trust or lying with an employer, shall be incapable of being assigned or charged and shall not be liable to attachment under any law or order of the court in respect of any debt or liability by the member, even in the event of his bankruptcy or insolvency; (b) any amount actually or potentially standing to a member's credit at the time of his death and payable to his dependants shall, before it is paid to the dependants, be free from attachment by process of law, and (c) accrued contributions payable to the Trust shall be paid notwithstanding the bankruptcy or insolvency of an employer. [Margin: Protection for acts done in good faith.] **37.** No suit or other legal proceeding shall lie against any member of the Board or any officer or employee of the Trust in respect of anything which is done in good faith in pursuit of the object of this Act. PART VII—BENEFITS AND QUALIFYING CONDITIONS [Margin: Classes of benefits.] **38.** (1) The following benefits are payable under this Act:— (a) old age pension and old age gratuity; (b) retirement grant; No. 5 *The National Social Security and Insurance Trust Act* 2001 19 (c) invalidity pension; (d) invalidity grant; (e) survivors' pension; (f) survivors' grant, (g) any other benefits to be prescribed by the Minister from time to time: Provided that an actuarial study to determine the financial implications of such other benefits shall first be carried out and appropriate steps taken to resolve them. (2) The Trust shall not under any circumstance pay a member's benefit to any person or body of persons in settlement of any obligation except for a benefit specified under this Act. [Margin: Old age pension.] **39.** (1) An old age pension is payable when a member attains the age of 60 years and where the member has paid or been credited with contributions for a minimum of one hundred and eighty months. (2) The amount of old age pension shall be calculated— (a) in respect of the first one hundred and eighty months of contributions paid or credited or both, thirty per cent of the average monthly earnings of the member, and (b) for every additional twelve months of contributions paid or credited or both, an additional two per cent of average monthly earnings of the member: Provided that— (i) the maximum pension payable shall be eighty per cent of the average monthly earnings of the member, and (ii) the minimum pension shall be not less than fifty per cent of the minimum wage. 20 No. 5 *The National Social Security and Insurance Trust Act* 2001 [Margin: Voluntary or early retirement benefits.] **40.** (1) A reduced pension upon early or voluntary retirement is payable on or after the member attains 55 years but before he is 60 years, based on the pension calculated in section 39, but reduced by an amount to be prescribed in regulations for each year below 60 years. (2) In order to qualify for a reduced pension, the member must have contributed for or earned credits to an aggregate minimum of one hundred and eighty months or both; [Margin: Old age gratuity.] **41.** A lump sum equal to twelve months of initial pension is payable as gratuity on the retirement of each person entitled to a pension under section 39 or 40. [Margin: Retirement grant.] **42.** There shall be paid to a member who has attained age 55 but who has paid insufficient contributions to qualify for pension under section 40, a retirement grant equal to 1.5 per cent of his average monthly earnings for every twelve months of paid contributions. [Margin: Invalidity pension.] **43.** (1) There shall be payable to a member as an invalidity benefit, a pension of an amount determined in the same way as for old age pension: Provided that— (a) where at least sixty months of contributions have been paid or credited or both but less than one hundred and eighty, it shall be deemed that one hundred and eighty have been paid; (b) there shall be added to the number of contributions credited to the member, six months' credit for every twelve months between the date of commencement of invalidity and age 60; and (c) the amount of invalidity pension shall not be less than fifty per cent of the minimum wage. No. 5 *The National Social Security and Insurance Trust Act* 2001 21 (2) In order to qualify for an invalidity pension, the member must— (a) be less than 60 years old; (b) be permanently and totally incapable of further employment; and (c) have paid contributions or earned contribution credits for— (i) at least sixty months of which twelve months' contributions must have been paid during the thirty six months preceding the commencement of invalidity; or (ii) a minimum of one hundred and eighty months. (3) The entitlement to invalidity pension shall cease - (a) if a medical board determines that the member is no longer an invalid; or (b) if the member commences work other than work which is determined by a medical board as beneficial for rehabilitation, or (c) at age 60, at which point it is converted into an old age pension. (4) For the purposes of this section, there shall be a medical board consisting of three persons not being employees of the Trust but appointed by the Board, two of whom shall be medical practitioners of proven ability, one of whom shall be chairman, and the third shall be a person belonging to another profession recognised by the laws of Sierra Leone. (5) Regulations made under this Act shall provide for the procedure of the medical board. 22 No. 5 *The National Social Security and Insurance Trust Act* 2001 [Margin: Invalidity grant.] **44.** There shall be paid to a member who is permanently and totally incapable of further employment but who is not entiltled to an invalidity pension under section 43, an invalidity grant equal to 1.5 times the member's average monthly earnings for every twelve months of paid contributions. [Margin: Survivors benefits.] **45.** (1) On the death of a member, survivors' benefits in the form of pensions shall be payable to the widow or widower and dependent children of that deceased person if such person— (a) was in receipt of old age pension or invalidity pension at the time of death, or (b) would have been entitled to an old age pension at the time of death, or (c) has contributed for a minimum of sixty months of which twelve months' contributions had been paid in the thirty six months preceding his death and would have been entitled to invalidity pension at the time of death. (2) The aggregate of survivors' pensions payable shall be limited to one hundred per cent of— (a) any old age or invalidity pension payable to the deceased at the time of death, or (b) an invalidity pension which could have been payable to the deceased at the time of death based on contributions paid or credited or both in respect of the deceased. (3) The widow or widower of the deceased member shall be entitled to 40% of the survivors' benefit until death or, in the case of a widow, until she begins to live with a man as a wife; and dependent children shall be entitled to 60% of the benefit until death, but the entitlement shall cease in respect of a child who attains the age of 18 years or 23 years while enrolled in full time education: Provided that— No. 5 *The National Social Security and Insurance Trust Act* 2001 23 (a) the entitlement of a widow or widower shall remain 40% whether or not there are any dependent children; and (b) a wife of a polygamous marriage or a marriage under common law of three years' standing shall be entitled to share equally with the other wife or wives of the deceased in the 40% share reserved for a widow under subsection (3). (4) A dependent child who is an invalid shall be entitled to a survivors' benefit until death. (5) If the deceased member has no widow or widower, the whole of the survivors' benefit shall be paid to the dependent children to whom shall be reallocated the share of any of them who ceases to be regarded as a dependent child: Provided that a single child shall not be paid more than 60% of the benefit whether in respect of one deceased parent or both. (6) If the deceased member has no widow or widower and no dependent child, a lump sum equivalent to twelve months' survivors' pension shall be paid to any surviving parent who is either on pension or in employment; and a lump sum equivalent to twenty-four months' survivors' pension shall be paid where the surviving parent is not on pension or in employment. (7) In this section, "dependent children" includes every child wholly or mainly maintained by the deceased. [Margin: Survivors grant.] **46.** (1) If the conditions for entitlement to a survivors' benefit under subsection (1) of section 45 are not satisfied and no dependant of the deceased is entitled to a pension, a survivors' grant shall be payable to the dependants of the deceased in an amount equivalent to 1.5 times the average monthly earnings of the deceased for every twelve months of contributions paid by the deceased. 24 No. 5 *The National Social Security and Insurance Trust Act* 2001 (2) Subsections (3) to (7) of section 45 shall, with the necessary modifications, apply to the distribution of the survivors' grant payable under subsection (1). [Margin: Actuarial review.] **47.** (1) The scheme shall be valued by an actuary every three years during the first ten years of the scheme and shall be valued every five years thereafter. (2) Benefit payments shall be tied to the level of earnings and other payments to the Trust and indexation shall be in accordance with increases in the incomes as reflected in the fund of the Trust. PART VIII—APPEALS FROM DECISION OF TRUST [Margin: Appellate Tribunal.] **48.** (1) There is hereby established a body to be known as the Social Security Appellate Tribunal, hereinafter referred to as "the SSAT". (2) The SSAT shall consist of not more than seven persons, including at least, one legal practitioner, all of whom shall be appointed by the President. (3) Members of the SSAT shall hold office for a term of three years and shall be eligible for reappointment. (4) Members of the SSAT shall receive such remuneration as the Board may determine. (5) The SSAT shall appoint one of its members who is a legal practitioner to be its chairman. (6) No action, suit, prosecution or any other proceeding may be brought or instituted personally against a person who is or was a member of the SSAT in respect of any act done or omitted to be done in good faith in the discharge of any function under this Act. No. 5 *The National Social Security and Insurance Trust Act* 2001 25 (7) A member of the SSAT who has a material, pecuniary or other interest which may conflict with the proper performance of the member's functions shall disclose that interest and shall not take part in any hearing of the SSAT which may conflict with such interest unless both parties to the proceeding agree on the member taking part in the hearing. [Margin: Secretary to SSAT.] **49.** (1) The SSAT shall have a secretary appointed by the chairman from among the members of the SSAT. [Margin: SSAT to hear appeals.] **50.** (1) The SSAT shall hear and determine appeals against the decisions of the Trust on— (a) entitlements to the payment of benefits; and (b) the amount of benefit payable. (2) An appeal shall be heard by not less than three members of the SSAT who shall be nominated by the chairman of the SSAT. (3) The chairman of the SSAT shall preside or shall nominate a member of the SSAT to preside over any hearing. [Margin: Administration and procedure of hearings.] **51.** (1) The times and places of the sittings of the SSAT shall be as specified by the chairman, to secure a reasonable opportunity for appellants to appear before the SSAT with as little inconvenience and expense as is practicable. (2) The proceedings of the SSAT shall be conducted in accordance with the Schedule and such further rules of practice and procedure as the chairman may specify. (3) In carrying out its functions under this Act, the SSAT shall have the powers of the High Court in respect of the summoning of witnesses and contempt. [Margin: Hearings and decision.] **52.** (1) Proceedings of the SSAT shall be in public unless the chairman directs otherwise. 26 No. 5 *The National Social Security and Insurance Trust Act* 2001 (2) In all proceedings before the SSAT, the appellant and the Trust may be represented by a legal practitioner or other relevant professional person. (3) A decision on an appeal shall be made as quickly as practicable and notified to the parties in writing. (4) A decision of the SSAT shall be by simple majority and in the event of equality of votes the chairman or other person presiding shall have a casting vote. (5) The written decision of the SSAT including its findings of fact shall be signed by the chairman or other member of the SSAT presiding over the hearing. (6) Decisions of the SSAT and evidence received by it, including a transcript of the report of the hearings, shall be open to the inspection of the public. (7) The SSAT may provide for the publication of its decisions in such form and manner as may be adapted for public information and use and such authorised publication shall be evidence of the decisions of the SSAT in all courts without any further proof or authentication. [Margin: Appeals to SSAT.] **53.** (1) Any person dissatisfied with any decision of the Trust may within thirty days of being served with notice of the decision file a notice of appeal with the SSAT and shall serve a copy of the notice of appeal on the Trust. (2) The secretary shall give not less than fifteen days' notice to the parties before the date fixed for hearing of the appeal. (3) In deciding an appeal, the SSAT may make an order (a) affirming or varying the decision under appeal; or No. 5 *The National Social Security and Insurance Trust Act* 2001 27 (b) remitting the matter for reconsideration by the Trust in accordance with the directions or recommendations of the SSAT. (4) An order made under subsection (3) may be based on the SSAT's conclusions regarding a question of fact or a question of law relevant to the decision and shall state what those conclusions are. [Margin: Appeal to High Court.] **54.** A party to a proceeding before the SSAT who is dissatisfied with a decision of the SSAT may within sixty days of the decision appeal to the Industrial Court Division of the High Court. [Margin: Medical Appeals Tribunal.] **55.** (1) There is hereby established a body to be known as the Medical Appeals Tribunal, hereinafter referred to as "M.A.T". (2) The M.A.T shall consist of the same persons forming the SSAT except that there shall be, at least, one medical practitioner on the panel hearing the appeal. (3) The function of the M.A.T. is to hear and determine appeals against the decisions of the medical board set up under section 43. (4) Sections 50 to 53 shall, with the necessary modifications, apply to the M.A.T. PART IX—MISCELLANEOUS PROVISIONS [Margin: Reciprocal agreements.] **56.** (1) The Minister may, acting on the advice of the Board, enter into a reciprocal agreement with the Government of any other country in which a scheme similar to the scheme under this Act has been established and there may be included in such agreement the following provisions— (a) that any period of membership of such scheme in the territory of that Government may be treated as a period of membership of the scheme under this Act and vice versa; and 28 No. 5 *The National Social Security and Insurance Trust Act* 2001 (b) that, subject to such conditions as may be agreed, any amount standing to the credit of a member of the scheme under this Act in Sierra Leone who works for any employer in the territory of that Government may be transferred to his credit in that territory, and vice versa. (2) Any reciprocal agreement made under this section may modify, adapt or amend the provisions of this Act to give effect to the agreement. [Margin: Registration of dependants to receive benefits.] 57. (1) Every person who is required or entitled to become a member of the scheme shall upon registration furnish to the employer particulars concerning himself and his dependants for the receipt of benefits on his death. (2) The employer shall enter the particulars in the prescribed form and, on obtaining thereon the signature and thumb impression of the person concerned, forward it to the Trust. (3) Every employer shall, before taking any person into his employment, ask him to state in writing whether or not he is a member of the scheme and, if he is, ask for the number and the name and other particulars of the last establishment, if any, where he was employed and whether he had nominated anyone to receive benefits under this Act as his survivor. (4) If the person was a member of the scheme, his old account number and the nomination made by him shall continue to be operative and the Trust's attention shall be drawn to them by the new employer. (5) Subject to subsection (3), a member of the scheme may update his nomination and such revised nomination shall be forwarded to the Trust. (6) Where payment of benefits has been made to a person validly nominated under this section, no other person shall have any other claim against the Trust. No. 5 *The National Social Security and Insurance Trust Act* 2001 29 [Margin: Functions of Trust Inspectors.] 58. (1) If any inspector of the Trust appointed under this Act has reasonable cause to believe that there are workers on any premises or place of an establishment, he may on production of his certificate of appointment or identity card as an employee of the Trust, enter at all reasonable times on the premises or place and make any examination and inquiry necessary to obtain information for the purposes of this Act. (2) In the performance of his duties under this section, an inspector may require the production of documents relating to appointment, attendances, remuneration of workers and contributions or liability of employers to contribute to the scheme, for inspection by him on the premises or place and to take copies thereof or extracts therefrom. (3) Where an establishment has discontinued its work or has been closed down or has no premises, the inspector may require the production of the documents relating to past transactions at a reasonable place and time, including his own office or the office of any other establishment and the previous employer or any other person having custody of such documents shall produce them as required by the inspector. (4) Where it becomes necessary for an inspector to visit such premises or place as has been declared by a competent authority as a security area or the admission to which is restricted, the inspector shall not enter such premises or area without obtaining prior permission of the officer in charge thereof. [Margin: Minister's power of direction.] 59. The Minister may in writing give directions of a general policy nature to the Trust and the Trust shall comply with such directions. [Margin: Regulations.] 60. The Minister may by statutory instrument make regulations for the purpose of carrying out the provisions of this Act. 30 No. 5 *The National Social Security and Insurance Trust Act* 2001 PART X—TRANSITIONAL PROVISIONS [Margin: Conversion to social security pensions.] 61. The Trust may, within 5 years after the commencement of this Act, take over the responsibility for the payment of pensions to (a) persons receiving pensions from the Government or any other employer; or (b) persons entitled to pensions which are not yet due from Government or any other employer, if the Government or other employer concerned so requests the Trust in writing and pays to the Trust the cost of transferring the responsibility to the Trust. [Margin: Voluntary and compulsory retirement from public service. Cap. 137.] 62. Nothingstanding sections 7 and 9 of the Pensions Act or any other law, a member of the public service— (a) may retire voluntarily from the public service on or after attaining the age of fifty-five; and (b) shall retire or vacate office compulsorily at the age of sixty. SCHEDULE *(Section 51 (2))* PRACTICE AND PROCEDURE BEFORE TRIBUNAL 1. Where the appellant is not represented by a legal practitioner, and the onus of proof is on him, the chairman may ask the Trust or its representative to open proceedings with a concise summary of the points at issue. 2. Where the appellant is represented and the onus of the proof is on him, the proceeding shall normally take the following order— (a) the appellant's representative opens the case for the appellant; (b) the appellant may be examined under oath by his representative; (c) the appellant may be cross-examined by the Trust's representative; No. 5 *The National Social Security and Insurance Trust Act* 2001 31 (d) the appellant may be re-examined by his representative; (e) the appellant's witnesses may in turn each be examined; (f) the appellant's representative summarises the appellant's case; (g) the Trust's representative opens the case of the Trust; (h) the witnesses of the Trust may in turn each be examined, cross-examined, and re-examined; (i) the case of the Trust is summarised; and (j) the appellant's representative replies. 3. The order of proceeding contained in paragraph 2 may be amended as the parties to the hearing agree or as the chairman decides, and any variation in the order of proceeding will not of itself invalidate the decision of the SSAT. 4. The SSAT may decide any appeal in the absence of the appellant and his representative but where it is satisfied that an appellant's absence is due to sickness or other reasonable cause, the SSAT may permit the postponement of the hearing for a period not exceeding three months. PASSED in Parliament this *12th day* of *July*, in the year of our Lord two thousand and one. J. A. CARPENTER, *Clerk of Parliament.* THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill. J. A. CARPENTER, *Clerk of Parliament.* *(This cancels Act No.4 published in Govt. Notice No. 255 as supplement to the Sierra Leone Gazette No. 37 dated 26th July, 2001)* PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. *GAZETTE* No. 39 OF 9TH AUGUST, 2001.