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Social Security Agency Re-establishment Proclamation No.495/2006

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OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 12 Year No. 31 ADDIS ABABA 29th June , 2006 CONTENTS Proclamation No. 495/2006 Social Security Agency Re - establishment Proclamation Page 3425 PROCLAMATION NO . 495/2006 . A PROCLAMATION TO PROVIDE FOR THE RE ESTABLISHMENT OF THE SOCIAL SECURITY AGENCY WHEREAS , it is necessary to reorganize the Social Security Agency in such a way as to enable it to perform its duties efficiently ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution , of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows ; 1. Short Title This Proclamation may be cited as " Social Security Agency Re - establishment Proclam ation No.495 / 2006 . ” 2. Re - establishment 1 / There is hereby re - established the Social Security Agency ( hereinafter “ the Agency ' ) as an autonomous federal agency having its own juridical personality . The Agency shall be accountable to the Prime Minister . 3. Head Office The Agency shall have its Head Office in Addis Ababa and may have branch offices elsewhere as necessary . Unit Price The African Law Archive 4. Objective The objective of the Agency shall be to strengthen and expand social security programs . 5. Powers and Duties The Agency shall have the powers and duties 1 / implement social security laws , regulations and directives ; 21 establish a system for the collection of social security contributions and collect the social security contributions ; ensure that every employer implements the system ; inspect related records and documents where necessary by requiring their submission to it or by visiting the premises of employers ; 3 / administer social security funds ; 4 / collect in advance and maintain records of evidentiary data that entitle persons to social security benefits ; 51 take legal actions against employers and individuals who fail to pay social security contributions , establish contributions record system and to furnish required documents or information on time ; determine the adequacy of entitlement claims evidentiary documents , the types and amount of social security benefits to which a beneficiary is entitled , effect payment of benefits ; 7 / decide on claims related to social security rights and benefits ; 81 invest the social security funds in profitable and reliable investment activities ; cause periodical actuarial study and review of the social security funds ; 10 / undertake studies to strengthen and expand social security programs and coverage , submit it to the government and implement same upon approval ; The African Law Archive 11 / issue directives on maters that come within its powers and duties ; 12 / own property , enter into contracts , sue and be sued in its own name ; 13 / carry out such other activities as may be necessary for the fulfillment of its objective 6. Organization of the Agency The Agency shall have : 1 / a Board of Management ( hereinafter referred as to “ the Board ) ; 2 / Director General and , as may be required , Deputy Director - Generals to be appointed by the Government ; and 3 / the necessary staff . 7. Members of the Board Members of the Board , including the Chairperson , shall be appointed by the Government with their number to be determined as necessary . 2 / The Director General of the Agency shall be member and secretary of the Board . 8. Powers and Duties of the Board 1 / The Board shall , as the superior body , direct and supervise the activities of the Agency . Law Arch 21 Without prejudice to the provisions of Sub Article ( 1 ) of this Article the Board shall have the powers and duties to : approve the strategy , plan and budget of the Agency ; b / submit general policy maters regarding social security schemes and funds to government for approval ; approve personnel , property , financial management and other administrative directives of the Agency ; di decide on the organizational structure , position classification , salary scale , benefits and allowance rates of the Agency . The African Law Archive 9. Meetings of the Board 1 / The Board shall meet once in three months ; provided , however , that it may meet at any time as may be required . 21 There shall be a quorum where more than half of the members are present at a meeting of the Board . Decisions of the board shall be passed by a majority vote of the members present at a meeting . In case of a tie , the chairperson shall have a casting vote . 4 / The Board may adopt its own rules of procedure . 10. Powers and Duties of the Director General 1 / The Director General shall be the chief executive officer of the Agency and shall , subject to the general directives of the Board , direct and control the activities of the Agency . 2 / Without limiting the generality stated in Sub - Article ( 1 ) of this Article , the Director General shall : a ) exercise the powers of the Agency specified in Article 5 of this Proclamation ; b ) employ and administer employees of the Agency and decide the termination of their service in accordance with directives to be issued by the Board ; c ) prepare and submit to the Board the strategy , plan and budgets of the Agency and implement same upon approval ; d ) effect expenditure in accordance with the approved budget of the Agency ; e ) represent the Agency in all its dealings with third parties ; f ) submit reports of the Agency to the concerned government bodies . 3 / The Director General may delegate part of his powers and duties to the officials and other employees of the Agency to the extent necessary efficient performance of the activities of the Agency . The African Law Archive 11. Social Security Appeal Tribunal 1 / There shall be established a Social Security Appeal Tribunal which shall examine and decide on appeals made against decisions of the Agency relating to social security rights and benefits . 2 / The organizational structure of the Tribunal and designation of its members shall be determined by the Government . Appeal shall be made to the Tribunal within one year from the date of a decision against which the appeal is to be taken . 4 / The Tribunal shall decide all cases based on the provisions of relevant Pension Proclamation , regulations and directives . The Tribunal may reverse , vary or confirm decisions of the Agency against which appeals are taken . The decision shall be final and conclusive . 6 / Decisions of the Tribunal shall be passed by a majority vote of the members present at a meeting . In a case of a tie , the Chairperson shall have a casting vote . 71 The Tribunal shall adopt its own rules of procedure . 12. Budget The Agency's budget shall be allocated from the Pension Funds . 13. Books of Accounts 1 / The Agency shall keep its own books of accounts . 21 The Books of accounts and other financial documents of the Agency shall be audited annually by the Auditor General or by auditors designated by him . 14. Repealed and Inapplicable Laws 1 / The Social Security Authority Establish ment Proclamation No. 38/1996 is hereby repealed . The African Law Archive 2 / Any law inconsistent with the provisions of this Proclamation shall have no effect maters provided for by this Proclamation . 15. Effective Date This Proclamation shall come in to force Done at Addis Ababa , this 29th day of June , 2006 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA AfricanLaw Archive.com The African Law Archive

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