The National Insurance and Social Security (Amendment) Bill 2009 has been approved by the National Assembly and has to be signed by the President before it becomes law. These are the provisions of the bill:
AN ACT to amend the National Insurance and Social Security Act.
Marginal Notes A.D. 2009 Enacted by the Parliament of Guyana:
Short title
Cap. 36:01 1. This Act, which amends the National Insurance and Social Security Act, may be cited as the National Insurance and Social Security (Amendment) Act 2009.
Insertion of new section l7 A in the Principal Act.
2. The Principal Act is amended by the insertion, immediately after section 17, of the following section as section 17A-
“Records of contributions and annual compliance reports.
17 A. (1) The General Manager shall submit records of contributions to employees promptly and the records are to be known as annual contribution statements.
(2) The General Manager shall provide to employers annual compliance reports of their payments of contributions on behalf of their employees.”
Amendment of section 30 of the Principal Act.
3. Section 30 (5) of the Principal Act is amended by the substitution for the word “fifteen” the word ‘fifty’.
Amendment of section 41 of the Principal Act.
4. Section 41 of the Principal Act is amended as follows-
(a) In subsection (1), by the substitution for the words “three thousand dollars” the words “one percent greater than the rate charged by the Commercial Banks on overdrafts in respect of contributions not submitted”;
(b) In subsection (2), by the substitution for the words “three” and “fifteen” the words “thirty” and “fifty”, respectively;
(c) In subsection (3), by the substitution for the word “six” the words “seventy-five”;
(d) In subsection (4), by the substitution for the words beginning with “to a fine” and ending with “dollars” the words “to a fine of one hundred thousand dollars”.
Amendment of section 51 of the Principal Act.
5. Section 51 (3) of the Principal Act is amended by the substitution for the word “three”, where it occurs for the first and second times, the word “thirty” and for the word “three”, where it occurs for the third time, the word “five”.
Insertion of new section 55 in the Principal Act.
6. The Principal Act is amended by the insertion, immediately after section 54, of the following section as section 55-
“Compliance certificates when tendering for government contracts. No 8 of 2003.
SCHEDULE A.
55. Every employer or self-employed person who tenders for a government contract shall in pursuance of section 5 (1) (IV) of the Procurement Act 2003, when submitting his tender, submit a certificate of compliance in Form 1 in Schedule A in respect of employers and in Form 2 in the said Schedule in respect of self-employed persons, issued by the General Manager to the effect that he has complied with this Act in relation to the collection and payment of contributions.
Insertion of new Schedule A in the Principal Act.
7. The Principal Act is amended by the insertion, immediately after the Schedule, of the following Schedule as Schedule A
“SCHEDULE A
FORM 1
NATIONAL INSURANCE SCHEME
CERTIFICATE OF COMPLIANCE (EMPLOYERS)
Date of Issue:…..
This is to certify that………………………………..of……………………………is an employer registered under the National Insurance Scheme with the registration number…………………. with effect from ……………………. and has paid contributions and fulfilled his obligations under section 55 of the National Insurance and Social Security Act, Cap 36:01, in respect of his employees unto……………….
NB: Valid for one month from the date of issue.
General Manager.
FORM 2
NATIONAL INSURANCE SCHEME
CERTIFICATE OFCOMPLIANCE
(SELF-EMPLOYED PERSONS)
Date of Issue: ………………
This is to certify that…………………..of ……………………………..is a self-employed person registered under the National Insurance Scheme with the registration number………………………..with effect from…………………….. ….. and has fulfilled his obligations under section 55 of the National Insurance and Social Security Act, Cap 36:01, in respect of himself unto……….. ……………..
NB: Valid for one month from the date of issue.
General Manager.
If you are an employer please keep this handy. Next week we will publish the sections of the act that are being amended.
