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
Steps of a retirement transaction
In briefThe steps of a retirement transaction begin with the referral decision in the body where the civil servant works. The file then reaches the National Pension Authority for assessment of the rights, and the pension or gratuity is paid under Article 32. The papers in the file and common causes of delay are in a separate article.
This page sets out the general path in Unified Pension Law No. 9 of 2014. The papers in the file, and common reasons for delay, are on retirement file papers and delays.
The referral order itself is on the retirement referral order.
From the referral decision to the assessment decision
Referral may be compulsory under Article 10, on a request under Article 12, or for health reasons under the texts that deal with that. The type of referral changes the basis of the decision; it does not remove the need for a referral order issued by whoever has the power to issue it, and then for an assessment at the National Pension Authority (هيأة التقاعد الوطنية). Compulsory referral is on compulsory retirement, a request is on retirement on request, and health referral is on medical retirement.
If the request for referral is made under Article 12, First or Second, the competent minister, the head of a body not attached to a ministry, or the governor, or a person authorised by any of them, decides the request within forty-five days from the date it is recorded in that office. If no decision is taken, the civil servant is deemed referred to retirement at the end of that period, and is entitled to the pension rights provided by the law, under Article 12, Fourth. This time limit is specific to a request under Article 12, and is not, by itself, extended to every type of referral.
A person appointed by republican decree, or by an order of the Council of Ministers, the Prime Minister or the Presidency of the Council of Representatives, is referred in the same manner as the appointment, under Article 14, First. If the referral is for reaching the legal age or for health reasons, it is by a decision of the competent minister or the head of a body not attached to a ministry, under Article 14, Second, as amended by Article 4 of Law No. 26 of 2019.
After the referral decision is issued and the civil servant leaves the post, the file is completed in the department and then sent to the Authority. The Authority assesses the pension under Article 21, or the gratuity or lump sum under the relevant articles. The assessment formula is on calculating a pension. The law does not write, in these articles, a numbered period for the Authority to finish the assessment. Delay caused by papers or missing items is read in the article on papers and delay.
Payment after assessment, then objection if there is a dispute
Article 32, Third: the State Employees’ Pension Fund bears the pensions of civil servants referred to retirement after 1 January 2008, and also the retirement gratuity, the lump sum and the disability gratuity. Those referred before that date, rights due by way of exception from this law, and the end-of-service gratuity, are borne by the state general budget under Article 32, Second. The body that bears the payment does not replace an assessment decision. The card and the confirmation come after entitlement is established, as on the pensioner identity card and pension confirmation.
If the person concerned disputes the Authority’s decision, the objection is before the Pensioners’ Cases Audit Council within ninety days of actual or constructive notification of that decision, then an appeal against the Council’s decision before the Federal Court of Cassation within sixty days of notification, under Article 30. The detail is on the Pensioners’ Cases Audit Council.
The office follows the path of referral, assessment and, where it arises, objection.
| Issue | Period | Basis |
|---|---|---|
| Decision on a request for referral under Article 12, First and Second | 45 days from recording of the request in the office of the person who decides it; otherwise the civil servant is deemed referred | Article 12, Fourth |
| Objection before the Pensioners’ Cases Audit Council | 90 days from actual or constructive notification of the Authority’s decision | Article 30, First |
| Appeal against the Council’s decision before the Federal Court of Cassation | 60 days from notification | Article 30, Third |
| Time for the Authority to finish the assessment | No numbered period in this law for that completion | — |
Legal basis and sources
Frequently asked questions
Do the steps of the transaction differ if referral is on request rather than compulsory?
The basis of the referral decision differs, and the forty-five-day period is written for a request under Article 12. After referral is issued, the file still goes to assessment at the Authority and then to payment, on both paths.
Who pays the pension after the assessment decision is issued?
The State Employees’ Pension Fund bears the pensions of those referred after 1 January 2008, under Article 32, Third. The pensions of those referred before that date are borne by the state budget, under Article 32, Second.
What if the minister is silent on a request for referral for more than forty-five days?
Article 12, Fourth, treats the civil servant as referred at the end of that period, if the request was made under the First or Second clause of that article, and the person is entitled to the rights provided by the law.
Related topics and articles
- 01The retirement referral orderA referral order is issued under Articles 12 and 14. An Article 12 request is decided in 45 days; otherwise the employee is deemed referred.
- 02Early 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.
- 03Compulsory referral to retirementWhen referral to retirement is compulsory: reaching the legal age regardless of service, or unfitness decided by the official medical committee.
- 04Calculating 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.
- 05Retirement on health grounds and the medical committee in IraqWhen an Iraqi State employee is retired on health grounds: the official medical committee, effects on service and pension, work injury, the 30-day appeal.
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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