Section Contents:
FINANCE.
46. Establishment of Social Security Fund.
47. Audit.
48. Annual report and accounts to be submitted to the Minister.
49. Social Security Investment Committee.
50. Temporary insufficiency of funds and defrayment of initial expenditure.
51. Expenses incurred by the Postmaster General and Ministry of Health.
52. Recovery of contribution on prosecution.
53. Offenses and penalties.
54. Penalties to be imposed by Board.
55. General provisions as to prosecutions under the Ordinance.
56. Civil proceedings to recover sums due.
57. Proceedings to recover benefit lost by employer's fault.
Establishment of Social Security
Board.
28.-(1) For the purposes of this Act, there shall be established a Board to
be known as the Social Security Board in which the Fund shall be vested and
which shall have and may exercise the powers, rights, authorities and functions
conferred upon it by this Act, and shall be charged with and shall perform the
duties and obligations imposed upon it thereby.
(2) The Board shall be responsible to the Minister for the administration of
this Act, and shall consider and advise upon all matters which may from time to
time be referred to it by the Minister, and shall furnish to the Minister such
information as he may reasonably require about the operation of the Act.
Second Schedule
(3) The Second Schedule shall apply as respects the constitution of the Board
and its proceedings.
(4) The Board shall be a body corporate with perpetual succession and a
common seal, and may acquire, hold and dispose of real and personal property and
shall be capable of suing and being sued in its corporate name.
(5) All courts, judges and persons acting judicially shall take judicial
notice of the seal of the Board affixed to any document or notice and shall
presume that it was duly affixed.
(6) The head office of the Board shall be established at such place in the
City of Belmopan as the Minister on the recommendation of the Board may appoint
and for the efficient and proper performance of its functions and duties it may
establish branch offices in any part of Belize.
(7) If at any time the Board is not functioning, all the powers, rights,
authorities and functions conferred upon the Board by this Act shall be
exercised by the Minister who shall be charged with all the duties and
obligations with which the Board is charged.
(8) The Minister may delegate in writing any of the powers and functions
conferred upon him under subsection (7) to the Permanent Secretary of the
Ministry for which the Minister is responsible.
Remuneration of members of Board.
29. Members of the Board shall be paid from the Fund such remuneration and
raveling and other allowances as may be fixed by the Minister in consultation
with the Minister of Finance.
Termination of appointment.
31. The Minister may terminate the appointment of a member or an acting
member for misbehaviour or physical or mental incapacity.
Vacation of office.
32. A member shall be deemed to have vacated his office-
(a) if his appointment is terminated by the Minister under this Act;
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(b) if he becomes bankrupt or compounds with his creditors or makes any
assignment of his remuneration for their benefit or takes advantage of any
provision of the Bankruptcy Act;
(c) if he becomes of unsound mind;
(d) if he resigns his office by writing under his hand addressed to the
Minister and the resignation is accepted by the Minister; and
(e) if he absents himself, except with leave granted by the Minister, from
three consecutive meetings of the Board.
Delegation of powers by Board.
33.-(1) The Board may in relation to any particular matter or class of
matters or to any particular part of Belize, by writing under its seal, delegate
to any officer or employee of the Board or any prescribed person all or any of
its powers under this Act.
(2) Every delegation under this section shall be revocable at will, and no
delegation shall prevent the exercise of any power by the Board.
Committee of the Board.
34.-(1) Subject to this Act, the Board may appoint such committee to assist
the Board in relation to a matter as the Board thinks fit.
(2) A committee appointed under this section shall consist of such persons
whether members of the Board or not, as the Board thinks fit but any committee
so appointed shall include not less than two members of the Board.
(3) A member of a committee who is not a member of the Board may be paid, in
respect of attendance at meetings of the committee or while engaged with the
approval of the Board on business of the Board, such fees, expenses and
allowances as the Minister may, in consultation with the Minister of Finance,
determine.
(4) A committee shall make such inquiries and furnish to the Board such
reports with respect to the matter in relation to which it has been appointed as
the Board may direct.
Manager
35.-(1) The Minister shall appoint as Manager a fit and proper person, who
shall be the chief executive officer of the Board, on such terms and conditions
as he may think fit.
(2) The Manager shall, subject to this Act and any directions by the Minister
and the Board, be responsible for the management of the Fund and in particular
for-
(a) the collection of contributions under this Act;
(b) the payment of benefit and of the expenditure necessary for the
administration of this Act; and
(c) accounting for all moneys collected, paid or invested under this Act.
Delegation by the Manager
36.-(1) The Manager may, in relation to any matter or class of matters, by
writing under his hand, delegate to an officer or employee of the Board any of
his functions under this Act.
(2) Every delegation under this section shall be revocable at will, but no
delegation shall prevent the performing of any function by the Manager.
Assistant Manager.
37.-(1) The Board may appoint a fit and proper person to be the assistant
manager, to assist the Manager in the performance of his functions under this
Act.
(2) During the temporary absence of the Manager or while the post of Manager
is for any reason vacant the assistant manager shall have and may exercise all
the powers, duties and functions of the Manager including membership of the
Board, but if the post of Manager is vacant the Minister may appoint any other
fit and proper person to act as Manager until such time as he appoints a
Manager.
(3) Subject to subsection (2), the fact that the assistant manager exercises
any power, duty or function as aforesaid shall be sufficient evidence of his
authority to do so.
Staff of the Board.
38.-(1) The Board shall appoint a senior inspector and shall employ such
other officers and employees as it may consider necessary for the administration
of this Act.
(2) The terms and conditions of service of the staff of the Board, except
those of the Manager, shall be determined by the Board in consultation with the
Minister and the Minister of Finance.
(3) With the prior approval of the Minister, the Board may make Staff Rules
to regulate the conditions of service of all its employees, other than the
Manager, which may include matters concerning discipline, leave, termination of
appointment and retirement.
(4) Subject to the provisions of the Staff Rules, the Manager shall be
responsible for the direction of the staff of the Board.
Maximum expenditure on
administration.
39. The Minister may in his discretion determine or prescribe the maximum
annual amount to be expended out of the Fund on the administration of this Act.
Designation of inspectors and powers of
the senior inspector and inspectors.
40.-(1) The Board may designate such officers in its service as it thinks fit
to be inspectors for the purpose of giving effect to the provisions of this Act.
(2) The senior inspector or an inspector shall for the purposes of the
execution of this Act have power to do all or any of the following things-
(a) to enter at all reasonable times any premises or place liable to
inspection under this section;
(b) to make such examination and inquiry as may be necessary for ascertaining
whether the provisions of this Act are being or have been complied with in any
such premises or place;
(c) to make inquiries, either alone or in the presence of such other person
as he thinks fit, with respect to any matters under this Act on which he may
reasonably require information, from every person whom he finds in any such
premises or place, or whom he has reasonable cause to believe to be or to have
been an insured person, and to require every such person to answer such encores;
(d) to exercise such other powers as may be necessary for the administration
of this Act.
(3) Subject to subsection (4), the occupier of any premises or place liable
to inspection under this section and any person who is or has been employing any
person and the servants and agents of any such occupier or other person and any
insured person, shall furnish to an inspector all such information and produce
for inspection all such documents as the inspector may reasonably require for
the purpose of ascertaining whether contributions are or have been payable, or
have been duly paid by or in respect of any person or whether any benefit is or
was payable to or in respect of any person.
(4) Every inspector shall be furnished with a certificate of his appointment
and on his application for admission to any premises or place for the purposes
of this Act he shall, if so required, produce the certificate.
(5) The premises and places liable to inspection are any premises or place in
which an inspector has reasonable grounds for believing that any persons are
employed except that they do not include any private dwelling house not used by
or with the permission of the occupier for the purpose of a trade or business.
(6) No person shall be required under this section to answer any questions or
give any evidence tending to incriminate himself.
CAP. 297.
(7) Section 14 of the Labour Act shall apply, mutatis mutandis, to the senior
inspector and inspectors appointed for the purposes of this Act.
Proceedings against officers and employees
of the Board.
41. Notwithstanding any other enactment, no court shall entertain or proceed
to judgment in any claim against any officer or employee of the Board arising
from any act or omission of such officer or employee done or omitted in the
performance of his duties under this Act unless the plaintiff shall have both
pleaded and proved that the said act or omission complained of was malicious or
done or omitted without reasonable and probable cause.
Determination of claims and
questions
42.-(1) Regulations may provide for the determination by the Board, by the
Manager, or by a person or tribunal appointed or constituted in accordance with
the regulations, of any question arising under or in connection with this Act
including any claim to benefit, and they may also provide that any decision made
thereunder or any such question shall be final.
(2) Without prejudice to the generality of subsection (1), regulations made
thereunder may in relation to the determination of questions in accordance with
the regulations include provision-
(a) as to the procedure to be followed, the form of any document, the
evidence to be required, and the circumstances in which any official record or
certificate is to be sufficient or conclusive evidence;
(b) as to the time to be allowed for making any claim or appeal, for raising
any question with a view to the review of any decision, or for producing any
evidence;
(c) for summoning persons to attend and give evidence or produce documents
and for authorizing the administration of .
CAP. 298.
(d) for the representation of one person at the hearing of a case by another
person whether having professional qualifications or not and except in so far as
it may be applied by such regulations the Settlement of Disputes (Essential
Services) Act shall not apply to any proceedings under this section.
(3) Regulations under subsection (1) may provide for-
(a) the reference to the Supreme Court of any substantial question of law
arising in connection with the determination of any question under the
regulations;
(b) appeals to the Supreme Court from the decision of the Board or of a
person or tribunal on any such question of law.
(4) Provision shall be made by rules of court for regulating reference and
appeals to the Supreme Court under this section and for limiting the time within
which appeals may be brought thereunder.
(5) Notwithstanding anything in any enactment, the decision of the Supreme
Court in a reference or appeal under this section shall be final and the court
may make such order as to costs as it thinks just.
Interim payments, arrears and
repayments.
43.-(1) Regulations shall provide for matters arising-
(a) pending the determination under this Act (whether in the first instance
or on appeal or on review) of any claim for a benefit or of any question
affecting the right of any person to a benefit or to the receipt thereof; or
(b) out of the revision or appeal or review of any decision of any such claim
or question.
(2) Without prejudice to the generality of subsection (1), regulations
thereunder shall include provision-
(a) for the suspension of a benefit where it appears to the Manager that
there is or may be a question whether the conditions for the receipt thereof are
or were fulfilled or whether the award ought to be revised;
(b) as to the date from which any decision on review is to have effect;
(c) for treating any benefit paid to any person which it is subsequently
decided was not payable as properly paid, or as paid on account of any other
benefit which it is decided was payable to him, or for the repayment of any such
benefit;
(d) for treating a benefit paid to a person in respect of a child as properly
payable for any period notwithstanding that by reason of a subsequent decision
another person is entitled to the benefit in respect of that child for that
period, and for reducing or withholding accordingly any arrears payable for that
period by virtue of that subsequent decision.
Payments to persons and tribunals
appointed or constituted under section 42.
44. There shall be paid out of the Fund to a person appointed under
regulations made under section 42 and to a member of a tribunal constituted in
accordance with such regulations, such remuneration and allowances, if any, and
such amount in respect of expenses incurred in connection with his work as such,
as the Board with the prior approval of the Minister given in consultation with
the Minister of Finance may determine.
Actuarial review of operation of
Act.
45.-(1) Subject to subsection (2), the Board shall, with the assistance of an
actuary approved by the Minister, review the operation of this Act during the
period ending on 31st December immediately following the completion of the third
year after the first appointed day and thereafter during the period ending with
31st December in every fifth year and at each such review shall make a report to
the Minister on the financial condition of the Fund and the adequacy or
otherwise of contributions to support benefits, having regard to its liabilities
under the Act.
(2) The Minister may at any particular time direct that such a review be
carried out at shorter periods.
(3) The Minister shall, as soon as possible after receiving a report in
accordance with subsection (1), lay a copy thereof before the National Assembly.
Finance
Establishment of Social Security
Fund.
46.-(1) For the purpose of this Act there shall be established under the
control and overall management of the Board a Fund called the Social Security
Fund.
(2) There shall be paid into the Fund-
(a) all contributions;
(b) all rent, interest, dividend and investment and other income derived from
the assets of the Fund;
(c) all sums recovered for the Fund under this Act;
(d) all sums properly accruing to the Fund under this Act including, without
prejudice to the generality of the foregoing, the repayment of benefit; and
(e) any sums approved by the National Assembly for the purposes of this Act.
(3) There shall be paid or met out of the Fund-
(a) all claims for benefits;
(b) all contributions which fall to be refunded under this Act;
(c) all expenses properly incurred in the administration of this Act,
including moneys expended on the purchase of real property and disbursements by
way of remuneration, allowances and expenses.
23 of 1988.
(3A) After fulfilling its obligations under subsection (3), the Board may,
with the approval of the Minister, utilize, by way of grants or otherwise, a
part of the surplus, if any, for social development purposes, subject to such
conditions and limitations as may be prescribed by the regulations.
(4) Regulations shall provide for the financial organization of the moneys of
the Fund by-
(a) the establishment and maintenance of different autonomous branches for
different purposes;
(b) the establishment and maintenance within the branches of different
reserve funds.
16 of 1993.
(5) Any money forming part of the reserves of the Fund may from time to time
be invested by the Board in accordance with the provisions of this Act and the
directions given by the Social Security Investment Committee.
Audit.
47.-(1) The accounts of the Board shall be audited annually by a suitably
qualified accountant appointed by the Board (in this Act referred to as “the
auditor”).
(2) The auditor shall forward his report to the Board and a copy thereof to
the Minister.
(3) The Minister or an officer delegated by him shall at all reasonable times
have access to the books, accounts and other documents of the Board and may call
for such explanation and information as he may require, or examine any officer
of the Board.
Annual report and accounts to be submitted
to the Minister.
48. (1) The Board shall
(a) after the end of each calendar year prepare a report of its activities
during the last preceding year and shall furnish that report to the Minister not
later than the thirtieth day of June;
(b) submit to the Minister every account certified by the Auditor together
with the report of the Auditor thereon within one month of such certification;
and
(c) submit annually to the Minister an account of the securities in which
moneys of the Fund are for the time being invested.
(2) The Minister shall cause a copy of every account or report submitted to
him under this section to be laid before the National Assembly.
Social security Investment Committee
49. (1) There shall be established a committees to be called the Social
Security Investment Committee, which shall be appointed by the Minister.
(2) The Committee shall consist of
(i) a Chairman nominated by the Minister of Finance;
(ii) a person who in the opinion of the Minister is experienced in the
investment of moneys;
(iii) the Manager; and
(iv) two members of the Board appointed after consultation with organizations
which in the opinion of the Minister represent employers and insured persons;
respectively.
(3) The period of the appointment of the members shall be as specified in the
instrument appointing them.
(4) Any decision of the Committee may be taken by a majority of the members
present and, in the event of an equality of votes, the Chairman shall have a
casting vote.
(5) The quorum for any meeting of the Committee shall be the Chairman and any
two members.
(6) The Committee shall have power to give general or specific directions
from time to time on the investment of moneys in the Fund which are surplus to
current needs; and the Manager shall give the Committee any information
necessary for the proper discharge of its functions.
(7) The Minister in consultation with the Minister of Finance may make
regulations on any matter concerning the investment of moneys of the Fund and
the proceedings of the Committee.
(8) Subject to subsection (7) above, the Committee may regulate its own
proceedings and shall meet at such times and place as the Chairman or Minister
may appoint.
(9) Members of the Committee may be paid such fees and allowances as the
Minister may determine in consultation with the Minister of Finance.
(10) The Board shall appoint one of its officers to be Secretary of the
Committee.
Temporary insufficiency of funds and
defrayment of initial expenditure.
50. (1) Any temporary insufficiency of funds to meet the liabilities of the
Fund under this Ordinance shall be met from money provided by the National
Assembly.
(2) Any moneys provided by the National Assembly under subsection (1) shall
be repaid out of the Fund as soon as may be practicable.
Expenses incurred by the Postmaster
General and Ministry of Health.
51. There shall be paid to the General revenue out of the Fund at such times
and in such manner as the Board may direct, such sums as the Minister
responsible for Finance may estimate to be the amount of the expenses incurred
by the Postmaster General and the Ministry responsible for Medical Services in
carrying out the provisions of this Ordinance. Payment shall be made at such
time and in such manner as may be agreed by the Financial Secretary and the
Board.
NON·COMPLIANCE AND LEGAL PROCEEDINGS
Recovery of contribution on
prosecution
52. (l) An employer who fails or neglects to pay within the prescribed time
any contribution which he is liable under this Ordinance to pay shall be guilty
of an offence and be liable on summary conviction to a fine of not less than
five hundred dollars.
(2) At the trial of any person for an offence under subsection (1) of this
section, the Manager may, after notice in writing given. to the person charged
at least one week in advance of the date of trial lead evidence of other
contributions due from him under this Ordinance within the three years
immediately preceding the date of such notice and upon the conviction of the
person charged the magistrate shall order that person to pay the total sum
proved to be due from him along with interest at ten percent per annum from the
date when each sum fell due under this Ordinance.
Chapter 27.
(3) Where any person is charged with an offence under sub-section (1) of this
section and a probation order is made under the Probation of Offenders
Ordinance, the foregoing provisions of this section shall apply as if the making
of The said order were a conviction.
(4) Any sum ordered to be paid to the Fund under this section shall be
recoverable as a penalty through a court of Summary Jurisdiction.
(5) Any sum paid by an employer under this section shall be treated as a
payment in satisfaction of the unpaid contributions and any part of such sums
which represents an employee's contribution shall not be recoverable by the
employer from such employee.
(6) If any employer being a body corporate fails to pay to the Fund any sum
which the employer has been ordered to pay under this section such sum or part
thereof as remains unpaid shall be a debt due to the Fund jointly and severally
from any director of the body corporate who knew or could reasonably be expected
to have known of the failure to pay the contribution in question.
(7) Nothing in this section shall be construed as preventing the Board from
recovering any sums due to the Fund by means of civil proceedings.
Offenses and penalties.
53. (1) Any employer who deducts or recovers or attempts to deduct or
otherwise recover the whole or any part of the contributions of the employer in
respect of any person from the wages or other remuneration of such person shall
be guilty of an offence and liable on summary conviction to a fine not exceeding
five hundred dollars and in default of such payment to imprisonment for a term
not exceeding six months. The Court shall In addition to any fine order the
payment by the employer to the employee of such sum as shall have been proved to
the satisfaction of the Court to have been deducted or recovered from the
employee's wages or other remuneration.
(2) Any person who
(a) forges an insurance stamp;
(b) makes or, without lawful excuse, has in his possession any die, plate,
instrument or material for forging an insurance stamp;
(c) buys, sells or offers for sale, takes or gives in exchange, or takes in
pawn, any card or any used insurance stamp;
(d) affixes any used insurance stamp to any contribution card;
(e) removes any insurance stamp from any contribution card or without lawful
excuse is in possession of any used insurance stamp or any contribution card
issued in the name of any other person;
(f) for the purpose of obtaining any benefit or other payment under this
Ordinance, whether for himself or some other person, or for any other purpose
connected with this Ordinance
(i) knowingly makes any false statement or false representation; or
(ii) produces or furnishes, causes or knowingly allows to be produced or
furnished, any document or information which he knows to be false in a material
particular or
(g) willfully hinders, obstructs or molests the Manager or an officer
designated as Inspector in accordance with section 40 in the exercise of any of
the powers and functions conferred upon him by this Ordinance;shall be liable on
summary conviction to a fine not exceeding one thousand dollars or to
imprisonment for a term not exceeding twelve months or to both such imprisonment
and fine.
(3) In any proceedings under subsection (2), an insurance stamp shall be
deemed to have been used if it has been affixed to a contribution card or
cancelled or defaced in any way whatsoever and whether it has been used for the
purpose of paying a contribution or not.
(4) Any stamp purporting to be an insurance stamp which is prepared, printed
or made otherwise than in accordance with directions given by the Board shall be
deemed to be forged.
(5) Where any person is guilty of an offence under this Ordinance and no
penalty is provided therefor, he shall be liable on Summary conviction to a fine
not exceeding one hundred dollars for each such offence, or where the offence
consists of continuing any such contravention or failure after conviction
thereof to a fine of one hundred dollars for each day on which it is so
continued.
Penalties to be imposed by Board.
54. (1) Where an employer has failed or neglected to pay any contribution
which under this Ordinance he is liable to pay, no proceedings shall be taken
against him if, after an intimation in writing of the charges against him, he
agrees to pay and in fact pays to the Board within such time as may be fixed by
the latter, a sum not exceeding twenty dollars for every such failure or neglect
as may be fixed by the Board, together with any amount due in respect of unpaid
contributions.
(2) Notwithstanding anything contained in subsection (3) of section 6,
contributions falling under the provisions of subsection (1) above which are
payable on behalf of any employed person shall not be recoverable by the
employer from that employed person.
(3) subsection (1) of this section shall not apply in any case where in the
opinion of the Board the offence would not be adequately punished by the penalty
therein mentioned.
General provisions as to prosecutions
under the Ordinance
55. (1) Proceedings for an offence under this Ordinance shall not be
commenced except by or with the consent of the Manager or any officer of the"
Board authorized in that behalf by the Manager.
(2) Any officer of the Board may upon the written authority of the manager
appear in and conduct any proceedings commenced under this Ordinance before a
court of summary jurisdiction.
(3) Notwithstanding any provision in any enactment prescribing the period
within which summary proceedings may be commenced, proceedings for an offence
under this Ordinance in may be commenced at any time within the period of three
months from the date on which evidence sufficient in the opinion of the Manager
to justify a prosecution for the offence comes to his knowledge or within the
period of twelve months after the commission of the offence whichever period
last expires and for the purpose of this subsection a certificate purporting to
be signed by or on behalf of the Manager as to the date on which such evidence
came to his knowledge shall be conclusive evidence thereof.
(4) In any proceedings for an offence under this Ordinance the wife or
husband of the defendant shall be competent to give evidence whether for or
against the defendant but a wife or husband shall not be compelled to give
evidence or in giving evidence to disclose any communication made to her or him
by the defendant during the subsistence of the marriage.
(5) Where an offence under this Ordinance is committed by a body corporate
and it is proved to have been committed with the consent or connivance of or to
be attributable to any negligence on the part of any director, manager,
secretary or other officer of the body corporate, he as well as that body shall
be deemed to be guilty of that offence and shall be liable to be proceeded
against and penalised accordingly.
Civil proceedings to recover sums
due.
56. (1) All sums due to the Fund under this Ordinance shall be recoverable as
debts due to the Fund and without prejudice to any other remedy may be recovered
summarily as a civil debt and any sum due by way of contribution shall from the
date on which the said sum fell due, bear interest at the rate of ten per centum
per annum or such other rate as may be prescribed.
(2) proceedings for the summary of sums due to the Fund may, notwithstanding
anything in any enactment to the contrary, be brought at any time within three
years from the time when the matter complained of arose.
(3) Proceedings for the summary recovery as civil debts of sums due to the
Fund may be instituted by an officer of the Board authorised in that behalf by
special or general directions of the manager.
Proceedings to recover benefit lost by
employer's fault.
57. (1) Where an employer has failed or neglect to pay any contribution which
he is liable to pay in respect of or on behalf of any insured person, and by
reason of such failure or neglect such person or any other person becomes
desentitled to any benefit at a lower rate, the Board may, on being satisfied
that the contribution should have been paid by the employer, pay to the person
concerned a benefit at the rate to which he would have been entitled to recover
summarily in a court of summary jurisdictions from the employer as a civil debt
a sum equal to the amount of the sum so paid irrespective of the amount.
(2) Proceedings may be taken under this section notwithstanding that
proceedings have been taken under any other provision of this Ordinance in
respect of the same failure or neglect.
