Retirement file papers and common reasons for delay
The papers a State employee retirement file rests on, and why some files are delayed: age mismatches, unrecorded service, unpaid contributions.
Read →Retirement transactions
The Internal Security Forces Service and Pension Law
In briefThe Internal Security Forces Service and Pension Law No. 18 of 2011 applies to a police officer in the internal security forces, and to a civil employee appointed to the cadre of the Ministry of Interior, with regard to the civil nature of that employee’s duties. It is not the military service and pension law. It is read together with the Unified Pension Law No. 9 of 2014 on the definition and on the basis for calculating rank pay.
The question is the scope of the Internal Security Forces Service and Pension Law No. 18 of 2011 and its relationship to the Unified Pension Law; it is a statute separate from the Military Service and Pension Law. Military pensions are on Does the Unified Pension Law apply to military personnel?.
The wider framework is on retirement matters.
To whom does the law apply?
Article 1 of Law No. 18 of 2011 defines the internal security forces as the local police, the border police, civil defence, traffic police, the federal police, the guard police, and any other formations linked to the Ministry of Interior, and defines an officer as a police officer of the rank of lieutenant or above. Article 2 makes one of the law’s aims the organisation of a police officer’s appointment, service, promotion, referral to retirement or resignation, and the payment of pension rights.
Article 3: the law applies to a police officer in the internal security forces, and to a civil employee appointed to the cadre of the Ministry of Interior, with regard to the civil nature of that employee’s duties under the Civil Service Law No. 24 of 1960 as amended. A civil employee in the ministry is not therefore treated as a police officer in every respect; the person’s description is read from the order and from the cadre.
An officer is appointed, granted a rank, referred to retirement and returned to service on a proposal of the minister and a decision of the Prime Minister, under Article 4, First.
How is it read with the Unified Pension Law after 2019?
Article 1, Seventh, of the Unified Pension Law No. 9 of 2014 includes a person entrusted with a post in the security forces in the definition of employee, if pension contributions are deducted. Article 35, Third(b), on recalculation, uses the rank pay provided for under Law No. 18 of 2011 as amended for members of the internal security forces, and the last functional salary at the date of referral if it is higher. The general formula is on calculating a pension.
Article 35, First, of Law No. 18 of 2011 makes referral of a police officer to retirement compulsory on reaching the legal age stated in that paragraph, whatever the length of service, and allows a limited extension under the conditions in paragraphs Second and Third. Article 9 of First Amendment Law No. 26 of 2019, however, cancels texts that set another legal retirement age for an employee, and among the laws it expressly excepts from that cancellation is the Military Service and Pension Law No. 3 of 2010 as amended. Law No. 18 of 2011 is not named in that exception. The question therefore arises whether the age in Article 35 of Law No. 18 is still the age in force after the amendment; the order is read from the Unified Pension Law as amended and from any text that remains in force, and a firm conclusion is left to an examination of the file. Compulsory referral under the Unified Pension Law is on its page.
| Item | Basis |
|---|---|
| Status as a police officer or a civil employee | Articles 1 and 3 of Law No. 18 of 2011 |
| Who issues an officer’s referral | Article 4, First: a proposal of the minister and a decision of the Prime Minister |
| Rank pay as the basis on recalculation | Article 35, Third, (b), of Law No. 9 of 2014 |
| The legal age after 2019 | Read from the Unified Pension Law as amended and from any text that remains in force |
The office follows the person’s status — a police officer or a civil employee on the cadre — and the text relied on in the referral order and in the decision of Hay’at al-Taqa‘ud al-Wataniyya (the National Pension Authority).
Legal basis and sources
- Internal Security Forces Service and Pension Law No. 18 of 2011
- Unified Pension Law No. 9 of 2014
- First Amendment Law No. 26 of 2019
Frequently asked questions
Is Law No. 18 of 2011 the same as the military pension law?
No. Law No. 18 of 2011 is for the internal security forces linked to the Ministry of Interior. Law No. 3 of 2010 is for the armed forces. Mixing the two changes the basis of referral and of rank.
Is a civil employee in the Ministry of Interior referred as a police officer?
Article 3 has regard to the civil nature of that employee’s duties under the Civil Service Law. The person’s description is read from the cadre and from the order, not from the ministry’s title alone.
Is the 2.5% formula excluded for a member of the internal security forces?
The Unified Pension Law remains the general basis for calculation, with rank pay under Law No. 18 of 2011 used on recalculation in Article 35, Third(b) of the Unified Law.
Related topics and articles
- 01Does the Unified Pension Law apply to military personnel?The Unified Pension Law treats a military person as an employee. Law No. 3 of 2010 organises referral and remains the basis for legal age after 2019.
- 02Calculating a pension in IraqHow a pension is calculated under the Unified Pension Law: a 36-month average, the 2.5% rate, 15 years of service, the age of payment, and the cap.
- 03What the 2019 amendment to the Unified Pension Law changedMain changes in Law No. 26 of 2019: a new Article 10, exceptions to the legal age, recalculation, and limits on combining two pensions.
- 04Compulsory referral to retirementWhen referral to retirement is compulsory: reaching the legal age regardless of service, or unfitness decided by the official medical committee.
- 05Early retirement in Iraq: when can a State employee request retirement?Conditions for requesting retirement before the statutory age in Iraq under Article 12 of the Unified Retirement Law: age or service, mothers, timing.
Pension contributions and the deduction from a civil servant’s salary
Article 17 deducts 25% of salary (10% employee, 15% treasury) into the Fund. Self-funded bodies late over 6 months face a 3% monthly fine.
Read →Transferring a pension after death or between banks
After death, successors request allocation under Article 25. Shares follow Article 28. A bank change follows the Authority’s instructions, not a statute.
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