Law Office ofAli Barakat
Retirement transactions

Paying to add pensionable service in Iraq

In briefThe phrase “buying pensionable service” is often used for a request to add a period of service and pay the pension contributions on it. The basis in Unified Pension Law No. 9 of 2014 is Articles 18 and 19: which periods are counted, how contributions and the state’s share are paid, the cap on adding insured private service at no more than half of actual state service, and instalments over five years.

The law does not use the word “purchase” as the heading of an article, but it regulates the addition of service and the payment of contributions in Articles 18 and 19 of Unified Pension Law No. 9 of 2014. The question is the mechanism of addition and payment; the full list of periods that count is on what counts as pensionable service?.

The difference between the state path and the workers’ path is on pensions in the public and private sectors.

Adding service and paying contributions under Article 19

Article 19, First: if a civil servant’s services are seconded to a non-Iraqi body, or outside the state establishment, and the person receives pay from the borrowing body, that body collects the pension contributions from the pay in accordance with this law. The seconded civil servant may pay both his or her share and the borrowing body’s share of the contributions in order for the service to be counted.

Article 19, Second: a civil servant who left employment, resigned, or was referred to retirement and received no pension rights for that state service may add the service performed in the state to later service in the private sector. The National Pension Authority (هيأة التقاعد الوطنية) supplies the Department of Pension and Social Security for Workers with the details of the service, and pays the contributions deducted from the salaries together with the state’s share.

Article 19, Third: a civil servant may ask for insured pensionable service performed in the private sector, for which no pension rights were received from the Department of Pension and Social Security for Workers, to be added to the pensionable service arising from state employment, up to no more than half of the actual state service. The Department of Pension and Social Security for Workers supplies the Authority with the details and pays the contributions deducted from the wage together with the employer’s share. The civil servant bears the difference between those contributions and the pension contributions plus the state’s share, calculated on the salary on the date of the request to count the service. The cap — no more than half — is a written limit, not a matter of judgement in the file.

Article 19, Fourth: a civil servant or pensioner who asks for service to be added may pay the pension contributions and the state’s share if they cannot otherwise be paid. This is where the common meaning of buying service comes closest: paying what could not be collected so that the period is added. Article 19, Fifth, allows, on the pensioner’s request, the contributions owed on the counted period to be paid in equal monthly instalments equal to one-quarter of the monthly pension after adding three per cent of the principal of the contributions, provided they are paid within five years from the date of the Authority’s decision to count the service.

Periods in Article 18 on which contributions are collected

Article 18, First, lists periods of pensionable service. Some of them are not understood without payment: the period a civil servant spent outside service that is counted under Political Dismissals Law No. 24 of 2005, as amended, after the employee’s share of contributions is collected under Article 17, First, on the basis of the minimum salary for the certificate on the date of return to service, with the Ministry of Finance allocating these amounts in the budget. Military service, periods of actual operations and related periods, and regular undergraduate and postgraduate study for a member of the armed forces or the internal security forces that ended with the award of the certificate before joining, up to no more than half of the military or security service, are subject to collection of the applicant’s share, and the state’s share is not collected on the counted period, under Article 18, First, (c).

Accumulated ordinary leave in excess of one hundred and eighty days is counted as pensionable service, and no contributions are collected on it, under Article 18, First, (d). Not every addition is a payment. Practice of the profession of advocacy has its own basis on counting advocacy practice for pension purposes. Contract service in the state for a temporary employee after 9 April 2003 is subject to collection of that person’s share of contributions at ten per cent.

If a civil servant received a gratuity for earlier service and was then reappointed, repayment of the gratuity and the contribution difference is in Article 23, not Article 19, as on work after retirement and the retirement gratuity. The ongoing deduction rates from salary are on pension contributions.

The office follows a request to add service, the calculation of the difference, and a decision on instalments.

payment periods and instalments when service is added
IssueLimit or periodBasis
Adding insured private service to state serviceNo more than half of actual state serviceArticle 19, Third
Instalments of contributions on the counted periodWithin 5 years of the Authority’s decisionArticle 19, Fifth
Amount of each instalmentOne-quarter of the monthly pension plus 3% of the principalArticle 19, Fifth
Accumulated leave in excess of 180 daysCounted with no contributions collectedArticle 18, First, (d)

Legal basis and sources

  1. Unified Pension Law No. 9 of 2014

Frequently asked questions

May a civil servant add every period spent in the private sector?

Article 19, Third, limits the addition to no more than half of actual state service, and only if no pension rights were received for that period from the workers’ social-security department.

What is the difference between paying to add service and counting accumulated leave?

Accumulated ordinary leave in excess of one hundred and eighty days is counted with no contributions. Adding service whose contributions could not be paid is done by paying the contributions and the state’s share under Article 19, Fourth and Fifth.

May the contributions be paid in instalments?

Yes, on the pensioner’s request, in instalments equal to one-quarter of the pension after adding three per cent, within five years of the decision to count the service, under Article 19, Fifth.

Always check the text in force and its amendments in the official source.

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