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Social Security in Tanzania is established under the 1977 Constitution, emphasizing welfare as a right and providing measures to meet citizens' basic needs. The system includes social assistance schemes, mandatory contributions to pension funds, and private savings, aiming to protect individuals from economic distress due to various life contingencies. Recent reforms have consolidated multiple funds into two main schemes, enhancing coverage for both public and private sector employees.

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0% found this document useful (0 votes)
29 views34 pages

Group Aunt

Social Security in Tanzania is established under the 1977 Constitution, emphasizing welfare as a right and providing measures to meet citizens' basic needs. The system includes social assistance schemes, mandatory contributions to pension funds, and private savings, aiming to protect individuals from economic distress due to various life contingencies. Recent reforms have consolidated multiple funds into two main schemes, enhancing coverage for both public and private sector employees.

Uploaded by

paco kazungu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 34

Social Security in Tanzania is grounded in the current Constitution (1977) Article 11 (1) 1, this

Article talks about welfare or citizens as a right. Social Security means any kind of collective
measures or activities designed to ensure that members of society meet their basic needs and are
protected from the contingencies to enable them maintain a standard of living consistent with
social norms

International labor organization (ILO)2 define social security as “The protection measures which
society provides for its member, through a series of public measures against economic and social
distress that would otherwise be caused by the stoppages or substantial reduction of earnings
resulting from sickness, maternity, employment injury, unemployment, disability, old age, death
the provision of medical care subsidies for families with children.”

Key element of Social Security in Tanzania

The social security system in Tanzania has the following key elements,

Social assistance schemes which are non-contributory and income-tested, and provided by
the state to groups such as people with disabilities, elderly people and unsupported parents and
children who are unable to provide for their own minimum needs. In Tanzania social assistance
also covers social relief, which is a short-term measure to tide people over a particular individual
or community crisis

Mandatory schemes, where people contribute through the employers to pension or provident
funds, employers also contribute to these funds

Private savings, where people voluntarily save for retirement, working capital and insure
themselves against events such as disability and loss of income and meet other social needs The
National Social Security Policy of 20033

The National Social Security policy is a product of a series of consultations with stakeholders
which started in year 2001. The policy was adopted by the government early in year 2003. The
aim of this policy is to realize the goals and objectives set out in the vision 2025 by extending
social security services to the majority of the Tanzanians. The National Social Security Policy of

1
Constitution of United Republic of Tanzania,1977
2
International Labor Organization (ILO)
3
The social Security Policy of 2003
20034 It covers the aspects relating to social and economic justice. All social security schemes
furnished by the government are broadly classified into two types which are the Social
Assistance, and Social Insurance. According to the Social Security (minimum standards)
Convention (No. 102)5 adopted by the ILO at its 35th session in June 1952.

BACKGROUND TO SOCIAL SECURITY IN TANZANIA

Before independence

Introduction Social security in Tanzania can be traced from the coming of colonialists first by the
Germans (1885-1918) and then by the British (1918-1961), whereby Africans were forced to
work in plantations and pay tax.

During this period some social security measures were introduced, such as pension schemes,
compensation payments to workers injured while performing their duties, the distribution of food
to the rural population during years of poor harvest and the provision of health services and
education for serving colonial government officials.

Generally, the approaches used in the colonial masters’ land were extended to the colonies, e.g.,
the French extended the concept of family assistance supported by the French’s budget to the
colonies (influenced by the assimilation policy). The British adopted the scheme based on social
assistance that only covered those employed in the formal sectors particularly public works such
as Transport and Communication, Posts Communication, Public institutions and the colonial
military.

Pension’s schemes were established and operated as in Britain in the sense that they were
noncontributory but payable on long service and upon satisfaction to the crown that the worker
was diligent and honest. This means that social security was not a matter of right but privilege.
The natives were being paid low wages and not employed in permanent sector, so it was unable
to establish pension schemes for their security benefits.

4
Tsar Mwakisiki Edwards (Master of the Rolls) The Law on Employment and Labour Relation In
Tanzania
5
the Social Security (minimum standards) Convention (No. 102)
Gratuity schemes (Provident Fund Schemes) were put in place payable as a result of good
service and long fulfillment of contract of employment. Some of the laws providing for social
security benefits during the colonial rule include: “Social security systems in Tanzania”,
Provident Fund (Government Employees) Ordinance of 1942, the Master and Native Servants’
Ordinance of 1923 which had some provisions on workers’ compensation, the Provident Fund
(Local Authorities) Ordinance of 1944; and the Workers’ Compensation Ordinance; Motor
Vehicle Insurance Ordinance of 1949.

From independence in 1961 up to the late 1980s,The post-colonial state pursued policies that
led to political, economic and social changes in the country, more importantly, the settlement of
people into the Ujamaa Villages as a result of adoption of the Arusha Declaration, which led to
the development of agriculture and industry, expansion of education and public health services
(both in urban and rural areas), provision of family allowances and tax relief from 1980 for
employed couples; continuation of payment of salaries at times of illness , and paid maternity
leave.

Thereafter, Tanzania adopted what was called “structural adjustment policies” and globalization,
which led to the loss of members from the social security schemes such as the Parastatal Pension
Fund and the National Social Security Fund because of retrenchment. This consequently affected
the stability of the schemes as many people were paid benefits prematurely. On the other hand,
structural adjustments led to devaluation of the Tanzanian Shilling and thereby causing
seriouserosion of the financial assets and solvency of social security schemes All the above
problems have affected the stability of the formal social security in Tanzania. 6

After independence new legislations were enacted and others amended. These include the
Severance Allowance Act No. 57 of 1962, the National Provident Fund Act No. 36 of 1964
amended by Act. No. 2 of 1975 which was later repealed and replaced by the National Social
Security Fund Act No. 28 of 1997; the Parastatal Pensions Act No. 14 of 1978, the Public
Service Retirement Benefits Act of 1999, the National Health Insurance Fund Act No. 8 of 1999
and Local Authorities Provident Fund Act. No. 6 of 20007.

6
The United Republic of Tanzania; The National Social Security Policy , 2003; Ministry of Labour, Youth
Development and Sports, p.2
7
The National Social Security Policy of 2003
Before the year 2018, there were five major formal institutions that provide social security
protection in Tanzania. These are the National Social Security Fund (NSSF) offering social
security coverage to employees of private sector and non-pensionable parastatal
andgovernment.The Public Service Pension Fund (PSPF) providing social security protection to
employees of central Government under pensionable terms.Parastatal Pension Fund (PPF)
offering social security coverage to employees of the both private and parastatal
organizations,The Local Authorities Provident Fund (LAPF)offering social security coverage to
employees of the Local Government and the National Health Insurance Fund (NHIF) offering
health insurance coverage to pensionable employees of central government.

Following recent reforms in social security schemes, the five schemes were merged and there is
formation of two schemes which can now provide social protection services to private and public
organizations and individuals. These are The Public Social Security Services Fund (PSSSF)
cover for public employees while National Social Security Fund (NSSF) covers for private sector
employees.

SOCIAL SECURITY SCHEMES AND LABOUR WELFARE IN TANZANIA


THE NATURE OF SOCIAL SECURITY SCHEME
Social Security in Tanzania is grounded in the current Constitution (1977) Article 11 (1), this
Article talks about welfare or citizens as a right. Social Security means any kind of collective
measures or activities designed to ensure that members of society meet their basic needs and are
protected from the contingencies to enable them maintain a standard of living consistent with
social norms. International Labour Organization (ILO) defined social security as“The protection
measures which society provides for its member, through a series of public measures against
economic and social distress that would otherwise be caused by the stoppages or substantial
reduction of earnings resulting from sickness, maternity, employment injury, unemployment,
disability, old age, death the provision of medical care subsidies for families with children 8”

Purpose of social security scheme:


The target of social security primarily is to protect the income of salaried employees in formal
sectors of employment when they face contingencies in order to enable them live a descent
8
Social Security (Minimum Standards) Convention, 1952
life, that is to say maintain the livelihood of the employee despite the fact that he or she might
not be performing the duty of their employment due to contingencies. For example, retired
people should be protected by providing them with pension benefits adequate to sustain their
lives together with the dependents. those who fall sick for some time should be assured of
medical benefits (sickness benefits); mothers who deliver in the course of employment should
be assured of their survival during the nursing period for the best interest of the child
(maternity benefits); and so forth.

However, each individual in a society is entitled to social protection depending on the socio-
economic set up of the respective society. Such protection may be accorded through formal,
informal and traditional schemes. This is because every individual person is exposed to the
risks of economic nature; thus, exclusions of people through coverage provisions in the law
are not tenable. Extending social security to all people is a matter of social justice and it is
among the fundamental human rights, although the Constitution of the United Republic of
Tanzania does not recognize it as such because it is provided under Part II (Fundamental
Objectives and Directive Principles of State Policy), which is a non enforceable part. 9

Features of a social security scheme


In order to ascertain whether a scheme is of a social security nature, there must be three
important things or elements to be considered which are;

a) The objective of the system must be to grant curative or preventive medical care or to
maintain income in case of involuntary loss of earnings (or part of earnings) or to grant
supplementary incomes to persons having family responsibilities beyond the ordinary
b) The system must have been set up by the legislation, which attributes specified individual
rights or imposes specific obligations to a public or autonomous body charged of
implementation. The law must set out principles, rules and institutions to be observed in
operationalization of the social security system.
c) The system must be administered by a public body or any other autonomous body or state
owned/guaranteed body. The scheme must be run in a democratic manner under the
management team of board of directors, and it should involve the stakeholders in terms of the

9
Cap 2 of 1977
principle of tripartite, that is the employees through trade union, employers through the
employers association, and the state through its agencies.
The Scope of Social Security

The Scope of social security is very wide as it covers the aspects relating to social and economic
justice. All social security schemes furnished by the government are broadly classified into two
types, which are the Social Assistance, and Social Insurance. According to the Social Security
(minimum standards), Convention (No. 102)10 adopted by the ILO at its 35th session in June
1952. The convention Itemized number of contingencies and benefits required in the minimum
standards convention to include Old Age, Invalidity, Survivorship, Employment Injury,
maternity, medical Care, sickness, Unemployment and Death.

The scope of Social Security Schemes in Tanzania is broad and designed to provide financial and
social protection to individuals and families during various life events, such as old age,
disability, illness, unemployment, and maternity. The schemes play a crucial role in reducing
poverty and ensuring economic stability and below is an overview of their scope;

Coverage of the social security schemes

Formal Sector Employees and Informal Sector Workers. Mandatory coverage for workers in
both public and private sectors, ensuring social security protection.Voluntary membership is
offered to informal sector workers, such as small-scale farmers, entrepreneurs, and self-
employed individuals.

Government and Military Personnel. Special schemes cater to public servants and military
personnel.

Benefits Provided in the social security schemes

Pension Benefits. Includes old-age pensions, retirement benefits, and survivors' benefits for
dependents.

Health Insurance. Coverage for medical expenses and access to healthcare services.

Maternity and Paternity Benefits. Income protection during maternity and paternity leave.

10
ibid
Disability Benefits. Financial support for individuals who become permanently or temporarily
disabled.

Unemployment Benefits. Partial income replacement for those who lose their jobs.

Work Injury Benefits. Compensation for injuries or diseases arising from the workplace.

Funeral Grants. Assistance with burial expenses.

Key Institutions

Tanzania's social security system regulated by various frameworks and administered by several
schemes that includes, National Social Security Fund (NSSF) and it, Covers workers in both the
formal and informal sectors. Public Service Social Security Fund (PSSSF) that covers public
sector employees. Workers Compensation Fund (WCF) focuses on work-related injuries,
occupational diseases, and National Health Insurance Fund (NHIF). Provides healthcare services.

Legal and Policy Framework; Laws such as the Social Security Regulatory Authority Act and
specific acts for each fund govern social security schemes in Tanzania. Policies aim to enhance
inclusivity, extend coverage to the informal sector, and ensure financial sustainability.

NSSF PENSION FUND:

The NSSF Pension fund is established under the Act of the parliament No. 28 0f 1997 toreplace
the National Provident Fund (NPF) for the reason of extending coverage of benefits packages
offered. The NPF provided benefits once at the time of retirement- the so called “Lump sum”
which became less useful for the retirees after they spend all the money. The objective of the
fund seemed not attained for this reasons hence the birth of NSSF. Currently NSSF Pension Fund
offers a wide range of benefits trying to fit the ILO international standards, where they are all
stipulated in the NSSF Act cap 50 R.E 201811, Section 21 (a)-(g). They include; Retirement
Pension, invalidity Pension, survivor’s pension, funeral grants, maternity benefits, employment
injury, and Health insurance benefit. All these benefits are provided under specific criteria and
qualifications stipulated in the Act. NSSF covers people as private sector including non-
government organizations, companies, embassies, Parastatal organizations, Government

11
Cap 50 R.E 2018
ministries and departments of Self-employed or any other person not covered by any other
scheme.

PARASTATAL PENSION FUND

Parastatal Pension Fund (PPF) was established under the Parastatal Pension Act No.14 of
1978 as amended by theParastatal organizations Pension Scheme Act of 2002. PPF with its
Headquarters situated in Dar es Salaam, sets the contribution rate at 10% or 15% for
employers and 10% or 5% for employee to make a total of 20% of employee’s salary. It
covers members of the following categories; All Parastatal organizations and all private
companies in which Government owns shares, any companies which are not covered by any
Social Security Fund, In addition all parastatal organizations which have been restructured
through privatization, sale, lease or liquidation are obliged to continue with PPF membership
and most of all is Self-employed. PPF operating with Traditional and Deposit Administration
Schemes, provides the following Benefits to its members; Old Age Pension,
Sickness/disability benefit, Death Benefit, Survivor’s Benefit, Education Benefit, Gratuity
Benefit and Withdrawal Benefit as stipulated in the Act.

The Local Authorities Pension Fund (LAPF)

This scheme was established by the Local Authorities Pension Fund Act No 9 of 2006, which
repealed the Local Authorities Provident Fund Act No 6 of 2000. It covers all employees of
the Local Government Authorities, Local Government Loans Board, Local Authorities
Pensions Fund, Institutions owned by Local Government Authorities and any institution
(private or public) which decides to join the Fund.This Fund was established in order to
provide a scheme for payment of benefits to insured persons, work towards a gradual and
continuous improvement of benefits payable to insured persons under this Act; and formulate
policies and strategies and administer the scheme in accordance with this Act. 12

The primary objectives of the Local Authorities Pension Fund is to provide retirement pension
as provided for under section 26(1)13 of the Act. The secondary objects of the scheme include:

12
The Local Authorities Pension Funds Act of 2006
13
Ibid
survivorsbenefits, invalidity pension, withdrawal in respect of marriage, withdrawal in respect
of immigration or unemployment, maternity benefits, sickness benefit, funeral grant and
education grant.

Public Service Pension Fund (PSPF)

The Public Service Pension Fund was established under the Public Service Retirement
Benefits Act of 1999 to provide for payment of pensions, gratuities and other benefits in
respect of the service of officers in the government. It covers employees of the Central
Government and its Executive Agencies, whose terms of employment are permanent and
pensionable.14 However, with the enactment of the Social Security Regulatory Act, 2008 and
its amendment of 2012 which amended section 5 of the Public Service Retirement Benefits
Act, coverage has been extended to persons in the formal and informal sectors. This means
that there are two types of members: compulsory members who are employees of the central
government, and voluntary members who out of their own volition have opted to join the
Fund.

Amount of contributions; Employers are required to pay monthly contribution at the rate of
fifteen percent (15%) of the member’s salary 15. Likewise, members are required to contribute
five percent (5%) of their salary monthly to be deducted by the employer. 16 Contribution of a
member of the fund is not assignable, transferable or liable to be attached, or levied upon for
or in respect to any debt or claim against a member 17. If the fund is at any time unable to pay
any sum which the Fund is required to pay, the sum required to be paid will be charged on and
advanced to the Fund from the Consolidated Fund and the Fund shall as soon as practicable
repay to the Government the sum so advanced 18.The law provides for members who do not
qualify for pension or gratuity. These include those who are in probation unless they are
confirmed immediately thereafter19; those who are absent from duty due to being on leave
without pay unless it is proved that such leave was granted on grounds of public interest and

14
Cap 371 R.E 2002
15
Ibid
16
Ibid
17
Ibid
18
Ibid
19
Ibid
that the employer pays to the Fund both the employee’s and employer’s contribution for the
period the employee was absent20; and those who are under 18 years of age21.

Government Employees Provident Fund (GEPF)

This is a defined contributory scheme (DCS) which was established by the Government
Employees Provident Fund Act of 194222to cover government employees who are not eligible
for the pension or not members of the Public Service Pension Fund (PSPF), including:
employees working under contracts or under operational services for the central government,
independent government departments, executive agencies and such other category of
employees categorized as non pensionable such as police and prison officers, the military and
government contract workers23; teachers who are employed under the contract of service after
retirement; members of parliament, regional commissioners and district commissioners 24. The
fund has extended its coverage to cover other self employed people such as fishermen,
farmers, food venders, and so forth, in what is referred to as voluntary saving retirement
scheme. The sources of the Fund are contributions by the insured person at the rate of 25 per
cent of their monthly salary (shared between the employer and employee, whereby the former
pays 15%, and the latter pays 10%). However, the Fund can be used for investment purposes
as determined by the Permanent Secretary of the Treasury in collaboration with the directorate
of planning and investments, and approved by the Management Technical Committee.25

National Health Insurance Fund (NHIF

The NHIF as health mandatory mainly was established by parliamentary Act No. 8 of 1999 to
cover only Central Government employees but later extended coverage to all public servants
through amendment of the NHIF Act. The scheme is established to facilitate access of health
services to principal member and his/ her dependents. NHIF sets contribution rate of 6% of
member’s salary equally shared by employer and the employee. In supporting the Health
Sector, NHIF provides benefits packages comprising of Registrationand consultation fees,

20
Ibid
21
Ibid
22
Cap 51 of 1942 (RE 2002)
23
Cap 51 of 1942 (RE 2002)
24
Section 38 (3A) (2) of the Amended GEPF Act
25
Section 3(6) (7) and (8) of the GEPF Act
Outpatient and Inpatient services, medicines, diagnostic tests, Physiotherapy, Optical and
Surgery services.

Challenges

Limited coverage for the informal sector due to lack of awareness or financial constraints,
Financial sustainability of the funds amid increasing demands, Administrative inefficiencies and
delays in processing benefits and Ensuring portability of benefits across different sectors and
geographic locations.

Nature and scope of social security

Scope

The scope of social security is wide it covered the aspect relating to social and economic justice.
All schemes furnished by government are broadly classified into two types which are the social
assistance and social insurance

According to the social security (minimum standard) convention adopted by the ILO it addresses
the nine components of social security that configure it is scope. The convention analyses the
number on contingencies and benefits required in the (minimum standard) convention to include
old age, invalidity survivorship, employment injury, maternity, medical care, sickness,
unemployment and death

Nature of social security

In Tanzania fall into two main group namely non- formal and formal social security, formal
social security system refers to convention social security programs such as pension schemes,
health insurance and workers compensation schemes and non- formal social security include
Macro-economic policies and programs to promote equitable economic growth and employment
investment in and development of social infrastructure and specialized programs for alleviating
poverty and traditional social security system and practices.

SUITS BY AND AGAINST THE BOARD.


The PSSSF Board, at the instance of the Director General, is empowered to institutes suits to
recover contributions by a way of summary suit under Order XXXV of the Civil Procedure
Code, Cap.33 R.E 2019 as amended within 12 years from the date they became due.26

Such kind of suits restrict a defendant from defending himself unless by court’s conditional or
unconditional leave. In this circumstance the law provides for a conditional leave which requires
the defendant to deposit a sum equalnumber of contributions claimed under the suit as a security
for due performance of the decree, in case judgement is entered against the defendant.

However, there are no amendments of the provisions of Order XXXV of Civil Procedure Code to
recover recovery of debts by a social security fund.

THE SOCIAL SECURITY REGULATORY AUTHORITY (SSRA)

The authority is established under section 4(1) of the Social security (Regulatory Authority)Act .
This board corporate with perpetual succession and its own name and it is capable of intering of
contract/ suing and be sued having property and dispose them and do all the other act that any
corporate can do as per section 4 (2) (3) (a) too (e) of the Social Security (regulatory authority )
Act [Cap135 RE 2015]

A person intending to establish or operate as a scheme or act as a manager, administrator or


custodian must first be registered as per Section14. This is done by submitting a prescribed
application form to the relevant Authority. The requirement for registration are outlined under
Section 15(1)(a) and (b) of the Act , it includes the conditions such as the scheme needs to be
created under a written law or an irrevocable trust deed that has been approved by the Authority.

FUNCTIONS OF THE SOCIAL SECURITY REGULATION AUTHORITY.

The Social Security Regulation Authority was established and began operation in 2010 following
with the enactment of the Social Security(Regulatory Authority) Act No.8 of 2008. The Act
serves as the key instrument for implementing the National Social Security Policy of 2003. The
Authority was created with a mission of ensuring that quality social security services are
accessible to all Tanzanians through a well regulated social security sector.

The Authority roles and responsibilities includes ;

26
Section 64 of the Public Service Security Fund Act, 2018
(i)Registering Managers, custodians and schemes

(ii)Regulating and supervising the activities of managers ,custodians and social security schemes

(iii)Issuing guidelines to ensure the efficient and effective functioning pf social security sector

(iv)Registering, regulating and supervising Administrators

(v) Protecting and safeguarding the interests of scheme members.

(vi) Advising the Minister on social security policy matters.

(vii)Developing and implementing broad guidelines for all managers, custodians, and social
security scheme.

(viii) Regulating, monitoring and reviewing the performance of the social security sector.

(ix) Initiating studies and reforms within the social security sector.

(x) Appointing the interim administrators if necessary.

(xi) To facilitate the extension of social security coverage, and

(xii) To conduct public awareness and sensitization on social security, as provided under Section
5(1)(a) to (k) of the Social Security(Regulatory Authority) Act [Cap 135 RE 2015]

These duties and functions the authority where necessary may collaborate , liaise and consult the
relevant authority and stakeholders in social security sectors as per section 5(2) of the Social
Security(Regulatory Authority) Act of 2015.

Powers of the SSRA

According to Section 6 of the Social Security ( Regulatory Authority) Act of 2015, the authority
is empowered to oversee and regulate the activities of all managers ,custodians and
administrators of social security schemes. The Authority also has the authority to initiate
actuarial valuations of the schemes, enforcing disciplinary actions and conduct inspections and
examination , either with or without prior notice. In carrying out duties , the authority may issue
directives in the form of notice ,letters or circulars

Operation of the SSRA


The SSRA operates in accordance with the roles, responsibilities, and functions that are
provided in the Act. The Authority governed by a Board of Directors consisting of nine
members, chaired by the Director General ,who is appointed by the President. The composition
of the Board is provided under S.7 of Social Security( Regulatory Authority)Act of 2015,and it
includes; the chairman appointed by the president ,the treasure registrar the labour
commission ,two representatives from Tanzania employer association ,the two representatives
from trade union congress of Tanzania ,one individual with expertise and experience in social
security matter and the director general who serves as ex-officio member and the secretary of the
body .

The body is responsible for the following function as outlined under section 9(a) to (h) of the
social security (regulatory authority ) act of 2015,

 Oversee and managing authority assets


 Determining the provisions for both capital and operation expenses
 Receiving grants, gifts, donation or endowment on behalf of the authority
 Collaborating with other organization or body both within and outside Tanzania
 Establishing committee to carry out tasks as directed by the body
 Managing and controlling the over all operations of the authority
 Advising the minister on issues relating to development or reform of the social security
sector.
Establishment of Social Security Tribunal

The establishment of Social Security Tribunal typically aimed at providing independent and
accessible in making decisions and the tribunal usually set up to handle disputes related to
matters such as disability benefits, pension eligibility, employment benefits and other welfare
programs. The tribunal havethe jurisdiction to determine appeals against any decision of the
Authority27. All disputes involve a scheme and authority shall be referred to the tribunalas per
Section 44 (3) (d)of the Social Security (Regulatory Authority) Act 28, in other hand this social
security Tribunal established in order to avoid conflicts among the stake holders, Section 43 (1)
of the Social Security (Regulatory Authority) Act29.
27
Tsar Mwakisiki Edwards (Master of Rolls) the law on employment and Labour relation in Tanzania
28
Section 44 (3) (d) of the Social Security (Regulatory Authority) Act
29
Section 43(1) of theSocial Security (Regulatory Authority) Act
The tribunal is composed of the chairman who shall be a judge of the High Court or a person
who qualifies to be appointed as Judge of the High Court, two experienced members with social
security matters and one member with experience in occupational safety and health. They are all
appointed by the minister after consultation with chief justice and the members in the tribunal do
hold office in part time basis and they only meet where there is a business to transact. It
stipulated under section 44(2) (3) and (4) of the of the Social Security (Regulatory Authority)
Act30.

The Social Security Tribunal gave the right to any member or beneficiary who is aggrieved by
the decision of the scheme is afforded with the avenue to apply in writing for review to the
authority within 30 days after receiving such decision. Then the Authority is required to review
the decision within 30 days after receipt of such application and communicate the same in
writing to the applicant with reasons for its decision a per section 44(1) and (2) of the Social
Security (Regulatory Authority) Act31. Where one still not satisfied for the decision of the
Authority may opt to an appeal to the Social Security Tribunal within 30 days from the date
when the alleged decision was rendered and step forward in improving the efficiency and
fairness of social security programs by allowing disputes to be resolved quickly and justly
without overburdening the Courts.
PROCEDURES TO BE FOLLOWED WHEN A PERSON IS REGISTERED IN SOCIAL
SERVICES SECURITY

In Tanzania, the procedure to register for social security services typically involves several steps.
Here’s a comprehensive outline of the process:

1. Registration, Ensure that you meet the eligibility criteria for registration. Generally, this
includes being an employee or self-employed individual.Section 4 (1)of the Public Service
Social Security Fund (general (read together with Regulation 4 (1) of the Public Service Social
Security Fund (General) Regulations731,require the employee to be registered with the fund as
contributing employer using registration Form No. PSSSF 3 contained in the Schedule of the
Regulation.also it is a duty of The Director General is required to allot a registration number to
every contributing employee covered by the fund also the employee should register within 30
days from the date of employment
30
[Cap 135 R.E 2015]
31
Ibid
2. Gather Necessary Documents: Prepare the required documents for registration, which may
include: person details as well as

- National Identification Card or Passport

- Employment contract (if applicable)

- Tax Identification Number (TIN)

- Any other relevant documentation as specified by the social security authority.

3. Visit the Relevant Authority: Go to the nearest office of the social security fund you wish to
join. In Tanzania, there are several funds, such as the National Social Security Fund (NSSF) or
the Parastatal Pensions Fund (PPF).

4. Complete the Application Form: Fill out the registration form provided at the office. Ensure
that all information is accurate and complete.

5. Submit the Application: Hand in your completed form along with the required documents to
the designated officer at the social security office.

6. Receive Confirmation: After processing your application, you should receive a confirmation
of your registration. This may take some time, so be sure to ask about the timeline.

7. Membership Card: Once your application is approved, you will be issued a membership card,
which you should keep safe as it serves as proof of your registration.On receipt of the dully
completed registration form the Director General is of duty bound to issue a membership card1
in respect of all registered employees and notify the contributing employer of the regist

8. Regular Contributions: After registration, ensure that you make regular contributions as
required to maintain your membership and benefits. Section 14 of the National social services
security fund Act 2018 provide a duty of employer to pay tax to the fund in the manner
prescribed under this Act Also On receipt of the dully completed registration form in respect of
all registered employees and notify the contributing These contributions are deemed to be paid to
the Fund on the last day of each month. In the same sense Regulation 12 (4) of the Public Service
Social Security Fund (General) Regulations754, requires employer contributing to the Fund to
pay the amount due within one
The Public Service Social Security Fund Act, 2018, is a legislative framework designed to
provide social security benefits to public service employees on pensions,Heath insurances,

Establishment of the Fund

section 6 32of the public service social security fund act it establishes the Public Service Social
Security Fund as a body corporate. This section outlines the objectives of the Fund, which
primarily include providing social security benefits to public service employees and ensuring
their welfare. The (PSSSF) on the section olso mentioned all contributes as monies earned a
rising from investment request your vested in a fund. Also their a charged paid aut of the fund
all such sums of monies asmy be granted by a way of pension

The operations of the Fund

Functions of the Fund

section 733 of the ( PSSSF) act it provide the details the functions of the Fund, which include
managing contributions, providing retirement benefits, and ensuring that beneficiaries receive
timely payments. It also outlines the Fund's role in promoting social security awareness among
public employees.

Contributions to the Fund

This section specifies the contributions required from both employees and the government. It
outlines the percentage of salary that is to be contributed and the frequency of these contributions
section 1434 of public service social security fund.

Benefits Provided

The Act specifies the types of benefits provided by the Fund, including retirement benefits,
disability benefits, and survivor benefits alito assist improvident individuals be ensuring that the
save in order to cater for their livehood during old age.This section ensures that employees
understand what they are entitled to upon retirement or in the event of unforeseen circumstances
section 7 it provided.

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Act No.2 of 2018
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Financial Management

section 1135 of this act It outlines the financial management practices required for the Fund and
regulatory authority, including budgeting, accounting, and auditing procedures to ensure
transparency and accountability.

Ammendments of the Act

The Amendment of the Public service social security fund Act No 2 of 2018 have been made
in five areas like The Ammendments of fire and rescue forces Act [Cap 427] , Ammendments
of judges( remuneration and terminal benefits)Act [Cap 424], also the Ammendments of
National social security fund [Cap 50] , the other area which amended is the Ammendments of
the police force and prisons service commission Act [Cap 241] , also the Act ammended the
public service Act [Cap 298] , furthermore the Act make an Ammendments on the Act of
Social security ( Regulatory Authority) Act [Cap 135] .the Act tried to repeal as well as to add
some section which will be useful on the issue of social services security fund like has been
explained below;

a: The Ammendments of fire and rescue forces Act[ Cap 427] ; as Act explains the fire and
rescue forces Act as the principal Act and the act tries to Add some terminal benefits of
section section 29A as the Act as per section 89 36 of the public social services security fund
which explain that in Addition to benefits of the Act the commission _ General shall on
retirement be granted by the appropriate authority benefits set out in the schedule of the
Act .also the Act ammended section 32 by giving the authority Commissioner _ general to
grant some benefits towards beneficial such as diplomatic passport for him and his spouse and
one motorcycle as well as the amount of money for the fuel as well as use the VIP lounge

b:The Ammendments of judges ( remuneration and terminal benefits)Act [Cap 424]: tha Act
ammended some provision which tries to explain the issue of remuneration and terminal
benefits for the judges such as section 92 37 which explains the terminal benefits of the chief
justice and Justice of appeal after the retirement such as issuing the diplomatic passport for
him and his spouse , the health insurance cover in the United Republic seventy litres of fuel

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Act No.2 of 2018
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Act No.2 of 2018
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Act NO.2 OF 2018
per week as well as the use of V. I .p lounge also winding up allowance of some equal to fifty
percent to the total some of salaries

C: The Ammendments of National social security fund Act (Cap 50] ; Under this part the Act
tries to amend some sections such as section 2 , 20 , 6 , 22 , 26 and section 39 in order to
achieve an effective goal on it's practical for example section 104 38 which ammended section
39 by repeal and replace section 35 on the issue of the unemployment benefits to the person
who are the member of the scheme as the section provides for the requirements that the
members should contribute at least eighteen month , is the person of United Republic as well
as is not entitled for pension or any other long benefits payable under the Act In order to
enjoy these unemployment benefits. Also in the issue of payment to the retired person has
been stipulated under section 10639 of the Act to mean that the payment should made within
sixty days following the date of retirement

d: The Ammendments of the police force and prisons service commission Act [ Cap 241] : The
Act explains concerning about the benefits to be granted to the public servant who work on
the prison as the Act amended first schedule by adding some details of section 26 of the Act
This has been stipulated under section 118 40 to mean that the public servant should be
entitled the diplomatic passport for him and his spouse, total sum of money for the maintenance
of the motorcycle as well as lumpsum money for him should be granted therefore this is one
of the Ammendments made under this Act

Generally the public service social security fund Act play the vital role to the public servant
in various aspects such as the issue of retirement , pension, unemployment benefits as well as
bring cooperation to the public servant by assisting each other in various matters such as
leaves like sick leave and annual leave

Registration Process of Social Security Scheme in Tanzania

Overview of the Social Security Schemes In Tanzania, the social security landscape was
streamlined in early 2018, merging various schemes into two primary entities: the Public Service
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Act No.2 of 2018
Social Security Fund (PSSSF) for public sector workers and the National Social Security Fund
(NSSF) for private sector employees. The NSSF is governed by the National Social Security
Fund Act No. 28 of 1997.

Employer Registration

Requirement to Register: Every employer in the private sector must register with the NSSF
immediately upon establishing a company.

Registration Form: Employers are required to fill out Form NSSF/R1A, which can be obtained at
any NSSF office across Tanzania.

Timeline for Registration: Employers must complete their registration within one month from
when they become contributing employers.

Employee Registration

Eligibility Criteria: Employees aged between 18 and 60 years are eligible for registration under
the NSSF.

National Identification Number (NIN): New members must provide their National Identification
Numbers during registration.

Form Submission: Employees need to fill out Form NSSF/R3A, which is submitted through their
registered employer.

Registration without NIN For new members who do not have a National Identification Number
at the time of registration, there is an option to register under the “Registration without NIN”
portal.

Partial Registration In cases where employees cannot be registered immediately due to reasons
such as leaving employment or traveling abroad, partial registration may occur solely for
contribution reconciliation purposes.

Changes in Insured Person’s Particulars If an insured person needs to update their details after
initial registration, they must submit a request using Form NSSF/R3B along with a new Form
NSSF/R3A that contains their updated particulars.
Contribution Requirements Once registered, employers are obligated to remit contributions to the
NSSF based on employee salaries—10% from both the employer and employee each month,
totaling a mandatory contribution of 20%.

Registering for social security in Tanzania involves both employers and employees completing
specific forms and adhering to timelines set forth by legislation governing social security funds.

Success of social security fund

1. Pension and retirement security


This is due to the fact that's NSSF has been successful in providing pension benefits to workers
who contribute during There working Year This allows workers to have a source of income Once
they retire Ensuring financial security in an old age, For Example a Tanzanian worker
contributing to the NSSF over 20 years or 30 years can receive a pension that helps recover the
basic living Expenses after retirement as provided And a section 21 of the income tax act.
2. Health care and disability
This id due to not only that the NSSF also provides Health Coverage and disability benefits
workers who are covered under the fund Can access medical care when they fall coma get
injured or get ill. Example a worker who sustains an injury are suffers from any disease Can get
financial assistance for treatment as provided on the section 27 Of the income tax act.
3. Access of housing
The NSSF has also facilitated access to affordable housing for contributors It has invested a real
estate project such as construction of residential housing units which allows members to access
homes at affordable prices.

Challenges facing the social security fund.

I. Contribution Deductions
The employees shows that most Employees face mandatory contributions to the NSSF, which are
deducted from their salaries. For low-income workers, these deductions can significantly impact
their disposable income, making it difficult to meet daily expenses. For example When a person
has retired He or she tends to be paid Reliable amount of which Will help meet their daily
expenses.

II. Dispute Resolution Mechanisms,


The Employment and Labor Relations Act under Section 86 Employees may face challenges in
resolving disputes related to NSSF contributions or benefits. The processes for dispute resolution
are sometimes lengthy and complex, which can discourage employees from pursuing their
claims. Thus discouraging the contributions towards the fund.

III. Delays in Benefit Disbursement


The NSSF Act under Sections 19 to 23 has succeeded to deal with the topic of contributions,
including when contributions are still required even when a benefit is being drawn, the
inalienable nature of contributions, and the different types of benefits available under the
scheme; essentially outlining the rules regarding employee and employer contributions to the
fund and when benefits can be claimed based on those contributions, Employees often
experience delays in receiving benefits after retirement, sickness, or other qualifying events. This
can cause financial strain during crucial times when immediate access to funds is needed.

IV. Financial Burden of Contributions


The financial obligation to contribute to the NSSF, combined with income tax responsibilities,
can be a significant burden for employers. This may affect their cash flow and overall financial
stability, particularly during economic downturns. Which forces the employer to manage their
financial obligations, including contributions to social security funds.However, the law also
stipulates that only expenses that are non-capital and directly related to the business operations
are eligible for deductions.

Contribution of employers and employees to the fund

I. Mandatory Contribution Rate


The Employers are required to contribute 10% of each employee's gross salary to the NSSF. This
is a statutory obligation aimed at ensuring all employees have access to social security benefits.
As it has been provided in the NSSF Act under Section 10 of which requires the employer to
deduct an amount every month that will be inorder to meet the requirements of the fund.
THE FOLLOWING ARE THE BENEFIT OF THE MEMBER TO THE SCHEME
Under Tanzanian law, social security schemes provide various benefits to members, ensuring
financial and social protection during times of need. These benefits are governed by laws such as
the Public Service Social Security Fund Act, Cap. 371 R.E. 2018 and the National Social
Security Fund Act, Cap. 50 R.E. 2018 . Below is an analysis of the benefits available to members
under Tanzanian laws:

1. Retirement Benefits

Governed by Section 26 of the PSSSF Act and NSSF Act, retirement benefits ensure financial
security after reaching the mandatory retirement age (60 years) or early retirement age (55
years).

Includes:

•Monthly Pension: Regular income for life after retirement.

•Lump-Sum Payment: A one-time payment based on contributions and years of service.

2. Survivors’ Benefits

•Under Section 29 of the PSSSF Act, when a member passes away, dependents such as a spouse,
children, or nominated beneficiaries are entitled to financial support.

• Survivors’ benefits include:

• Monthly Survivors’ Pension.

• Lump-Sum Survivors’ Grant for dependents.

3. Invalidity (Disability) Benefits

If a member becomes permanently incapacitated and cannot work, they are entitled to:
•Invalidity Pension: A monthly income for life.

•Governed under Section 29(1)(c) of the PSSSF Act .

4. Health Insurance

•Some schemes, like NSSF, provide access to health insurance benefits, including medical care
for members and their dependents.

•This covers hospital treatment, maternity care

5. Funeral Grants

•Section 29(1)(g) of the PSSSF Act provides for funeral grants to cover burial expenses for a
deceased member or pensioner.

•These grants are paid directly to the family or dependent

6. Unemployment Benefits

•Although not fully established for all schemes, Section 29(1)(e)of the NSSF Act provides a
framework for unemployment benefits in cases of involuntary loss of employment.

•Members may receive temporary income replacement for a specified period.

7. Sickness Benefits

•Members unable to work due to illness may receive:

•Temporary income replacement during the recovery period.

•Medical support if included in the scheme.

Legal Framework

1. Public Service Social Security Fund Act, Cap. 371:

• Covers employees in public service and provides for comprehensive benefits such as
pensions, health care, and invalidity support.

2. National Social Security Fund Act, Cap. 50:


• Covers private sector employees, informal workers, and self-employed
individuals, with a broad range of benefits.

3. Workers’ Compensation Act, Cap. 263:

• Supplements social security schemes by covering workplace injuries and


occupational diseases.

Recommendations for Members

1. Regula Under Tanzanian law, social security schemes provide various benefits to
members, ensuring financial and social protection during times of need. These benefits are governed by
laws such as the Public Service Social Security Fund Act, Cap. 371 R.E. 2018 (PSSSF) and the National
Social Security Fund Act, Cap. 50 R.E. 2018 (NSSF). Below is an analysis of the benefits available to
members under Tanzanian laws:

1. Retirement Benefits

• Governed by Section 26 of the PSSSF Act and NSSF Act, retirement benefits ensure financial
security after reaching the mandatory retirement age (60 years) or early retirement age (55 years).

• Includes:

• Monthly Pension: Regular income for life after retirement.

• Lump-Sum Payment: A one-time payment based on contributions and years of service.

2. Survivors’ Benefits

• Under Section 27 of the PSSSF Act, when a member passes away, dependents such as a
spouse, children, or nominated beneficiaries are entitled to financial support.

• Survivors’ benefits include:

• Monthly Survivors’ Pension.

• Lump-Sum Survivors’ Grant for dependents.


3. Invalidity (Disability) Benefits

• If a member becomes permanently incapacitated and cannot work, they are entitled to:

• Invalidity Pension: A monthly income for life.

• Governed under Section 26(2) of the PSSSF Act and Section 23 of the NSSF Act.

4. Health Insurance

• Some schemes, like NSSF, provide access to health insurance benefits, including medical
care for members and their dependents.

• This covers hospital treatment, maternity care, and chronic illness management.

5. Maternity Benefits

• Female members are entitled to financial support during maternity leave under Section
32 of the NSSF Act.

• Benefits include:

• Income replacement during the maternity leave period.

• Coverage for prenatal, delivery, and postnatal medical care.

6. Funeral Grants

• Section 28 of the PSSSF Act provides for funeral grants to cover burial expenses for a
deceased member or pensioner.

• These grants are paid directly to the family or dependents.

7. Employment Injury Benefits

• Members injured or disabled due to work-related accidents are entitled to:


• Medical care and compensation.

• Disability pension or lump-sum payment, depending on the degree of disability.

• These benefits fall under the Workers’ Compensation Act, Cap. 263 in addition to social
security laws.

8. Unemployment Benefits

• Although not fully established for all schemes, Section 30 of the NSSF Act provides a
framework for unemployment benefits in cases of involuntary loss of employment.

• Members may receive temporary income replacement for a specified period.

9. Education or Housing Loans

• Under certain schemes like NSSF, members can access education loans for their
dependents or housing loans to help secure affordable housing.

10. Sickness Benefits

• Members unable to work due to illness may receive:

• Temporary income replacement during the recovery period.

• Medical support if included in the scheme.

Legal Framework

1. Public Service Social Security Fund Act, Cap. 371:

• Covers employees in public service and provides for comprehensive benefits such as
pensions, health care, and invalidity support.

2. National Social Security Fund Act, Cap. 50:

• Covers private sector employees, informal workers, and self-employed individuals, with
a broad range of benefits.
3. Workers’ Compensation Act, Cap. 263:

• Supplements social security schemes by covering workplace injuries and occupational


diseases.

Recommendations for Members

1. Regular Contribution Compliance:

• Ensure consistent contributions to maintain eligibility for full benefits.

2. Nominate Dependents:

• Register beneficiaries to avoid disputes over survivors’ benefits.

3. Claim Timeliness:

• File claims promptly to avoid delays, as processing periods are stipulated under the law.

Retirement Pension Benefit in Tanzania

Retirement pension benefits in Tanzania are governed by the Public Service Social Security Fund Act
(PSSSF) and the National Social Security Fund Act (NSSF). These benefits aim to provide financial security
for members after they retire from active employment.

Eligibility for Retirement Pension

A member qualifies for retirement pension benefits if they meet the following conditions:

1. Retirement Age:

• Normal Retirement: At the age of 60 years.

• Early Retirement: At the age of 55 years (with reduced benefits).

• Voluntary Retirement: Based on specific employer schemes or agreements.

2. Minimum Contribution Period:

• A member must have contributed for at least 180 months (15 years) under the PSSSF
Act or NSSF Act to qualify for a pension.

3. Lump-Sum Option:
• For those with contributions below the minimum qualifying period, they may receive a
lump-sum payment instead of a monthly pension.

Components of the Retirement Pension

1. Monthly Pension:

• A regular income calculated based on the member’s total contributions, salary, and
years of service.

• Formula:

Pension = Annual Pensionable Emoluments × Accrual Factor × Service Years

(Specific details depend on the governing Act).

2. Lump-Sum Payment:

• A one-time payment at retirement alongside the monthly pension.

Types of Retirement Pensions

1. Full Pension:

• Paid to members who retire at the normal retirement age (60 years).

2. Reduced Pension:

• Paid to members who opt for early retirement (55 years).

• The pension amount is reduced proportionally to account for the early retirement
period.

3. Voluntary Pension:

• For informal sector members who voluntarily contribute to NSSF, they are eligible for
pensions upon reaching retirement age.

Benefits of Retirement Pension

1. Financial Security:

• Ensures regular income post-retirement, reducing dependency on family.


2. Dependents’ Protection:

• In the event of the retiree’s death, dependents may continue to receive a portion of the
pension as survivors’ benefits.

3. Medical Coverage:

• Some schemes offer access to medical care or health insurance for retirees.

Challenges in Retirement Pension

1. Delays in Processing:

• Bureaucratic procedures can lead to delays in accessing pension benefits.

2. Inadequate Savings:

• Members with irregular contributions or low earnings may receive minimal pensions.

3. Inflation Impact:

• Pensions may not always keep up with inflation, reducing purchasing power.

Recommendations

1. Increase Awareness:

• Educate members about the importance of consistent contributions and retirement


planning.

2. Digitize Pension Systems:

• Automate pension processing to reduce delays.

3. Index Pension to Inflation:

• Adjust pensions regularly to maintain purchasing power.

Legal Framework

1. Public Service Social Security Fund Act, Cap. 371 R.E. 2018 (PSSSF):

• Applies to public servants and ensures comprehensive pension coverage.

2. National Social Security Fund Act, Cap. 50 R.E. 2018 (NSSF):


• Covers private-sector employees and informal workers, providing flexible retirement
options.

r Contribution Compliance:

• Ensure consistent contributions to maintain eligibility for full benefits.

2. Nominate Dependents:

• Register beneficiaries to avoid disputes over survivors’ benefits.

3. Claim Timeliness:

• File claims promptly to avoid delays, as processing periods are stipulated under
the law.

Retirement Pension Benefit in Tanzania

Retirement pension benefits in Tanzania are governed by the Public Service Social Security
Fund Act (PSSSF) and the National Social Security Fund Act (NSSF). These benefits aim to
provide financial security for members after they retire from active employment.

Eligibility for Retirement Pension

A member qualifies for retirement pension benefits if they meet the following conditions:

1. Retirement Age:

• Normal Retirement: At the age of 60 years.

• Early Retirement: At the age of 55 years (with reduced benefits).

• Voluntary Retirement: Based on specific employer schemes or agreements.

2. Minimum Contribution Period:


• A member must have contributed for at least 180 months (15 years) under the
PSSSF Act or NSSF Act to qualify for a pension.

3. Lump-Sum Option:

• For those with contributions below the minimum qualifying period, they may
receive a lump-sum payment instead of a monthly pension.

Components of the Retirement Pension

1. Monthly Pension:

• A regular income calculated based on the member’s total contributions, salary,


and years of service.

• Formula:

Pension = Annual Pensionable Emoluments × Accrual Factor × Service Years

(Specific details depend on the governing Act).

2. Lump-Sum Payment:

• A one-time payment at retirement alongside the monthly pension.

Types of Retirement Pensions

1. Full Pension:

• Paid to members who retire at the normal retirement age (60 years).

2. Reduced Pension:

• Paid to members who opt for early retirement (55 years).

• The pension amount is reduced proportionally to account for the early retirement
period.
3. Voluntary Pension:

• For informal sector members who voluntarily contribute to NSSF, they are
eligible for pensions upon reaching retirement age.

Benefits of Retirement Pension

1. Financial Security:

• Ensures regular income post-retirement, reducing dependency on family.

2. Dependents’ Protection:

• In the event of the retiree’s death, dependents may continue to receive a portion of
the pension as survivors’ benefits.

3. Medical Coverage:

• Some schemes offer access to medical care or health insurance for retirees.

Challenges in Retirement Pension

1. Delays in Processing:

• Bureaucratic procedures can lead to delays in accessing pension benefits.

2. Inadequate Savings:

• Members with irregular contributions or low earnings may receive minimal


pensions.

3. Inflation Impact:

• Pensions may not always keep up with inflation, reducing purchasing power.

Recommendations

1. Increase Awareness:
• Educate members about the importance of consistent contributions and retirement
planning.

2. Digitize Pension Systems:

• Automate pension processing to reduce delays.

3. Index Pension to Inflation:

• Adjust pensions regularly to maintain purchasing power.

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