National Retirement Scheme Act · 2024 Revised Edition · Part · General
53. Regulations
Official textFrom Attorney General's Chambers, unchanged
The Minister may, after consultation with the Board and with the consent of His Majesty the Sultan and Yang Di-Pertuan, make regulations —
to provide for the manner of payment and collection of contributions and any matter incidental thereto;
to provide for the disposal of amounts which are unclaimed, unpaid or otherwise remain in the Scheme;
to provide for the classification of any employment, not being employment under a contract of service or apprenticeship, as an employment in respect of which contributions are payable under the provisions of this Act;
to provide that where an employee is employed in a specified employment, a person specified as the principal employer is deemed to be his employer for the purposes of this Act notwithstanding that the principal employer is not the immediate employer of the employee;
to require such person as His Majesty the Sultan and Yang
Di-Pertuan may specify who derives income from any trade, business, profession or vocation, or from any other source or sources as
His Majesty the Sultan and Yang Di-Pertuan may prescribe, to contribute to the Scheme in respect of such income in such manner and
National Retirement Scheme at such rate as His Majesty the Sultan and Yang Di-Pertuan may prescribe;
to provide for members of the Scheme to apply, assign or withdraw all or part of the contributions and dividend standing to their credit in the Scheme for the purchase of immovable property or to repay any loan taken to finance or refinance the purchase of immovable property, including the payment of costs, fees or other incidental expenses incurred for the purchase of an immovable property or for obtaining any loan to finance or refinance such purchase or in connection with withdrawals of any money from the
Scheme;
to provide for the nomination by a member of the Scheme of the persons to whom any amount standing to his credit at the time of his death is to be paid at his death, for the manner in which such nomination may be revoked and for the circumstances in which it is to be treated as having ceased to be operative and for payment of such amount to the administrator nominee so nominated;
to prescribe rates of contributions for the purposes of this
Act;
to specify and periodically revise the class of self-employed persons for the purposes of this Act;
to prescribe for fees for the purposes of this Act;
to periodically adjust the amounts of the monthly payments;
generally for giving effect to the objects and purposes of this
Act and for the due administration thereof.
The Board may, in addition to the other duties imposed and powers conferred on it under this Act, make rules —
Board
“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
to provide for —
the return of contributions under this Act, or any part of such contributions, paid in error;
the payment of contributions under this Act, or any part of such contributions, omitted to be paid in error;
National Retirement Scheme 38
to provide for the keeping of books, accounts or records by employers;
to provide for the registration with the Board of employers and employees;
to provide for the appointment of medical boards for the purpose of determining whether a member of the Scheme is physically or mentally incapacitated;
to prescribe the procedure for the withdrawal of amounts from the Scheme;
to prescribe the evidence to be produced and the person, officer or authority to whom the evidence is to be produced for the purposes of section 20;
to prescribe the procedure to be followed when contributions are paid into the Scheme;
to provide, in case where an employee is employed concurrently by two or more employers, the extent of the obligation of those employers as to payment of contributions under this Act;
to prescribe the procedure to be followed when any voluntary contribution is paid to the Scheme;
to prescribe the returns to be made and the registers to be used in the carrying out of the provisions of this Act;
to prescribe anything which under this Act may be prescribed by the Board;
generally for giving effect to the objects and purposes of this
Act and for the due administration thereof.
Terms defined in s 2
administrator nominee
Defined · s 2“administrator nominee” means any person who is of sound mind and above the age of 18 years and includes — (a) the member’s father, mother, spouse, children or siblings; or (b) a certified lawyer;
Board
Defined · s 2“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
contract
Defined · s 2“contract” means any contract, whether written or oral and whether it is expressed or implied;
employee
Defined · s 2“employee” means any person below the minimum retirement age being — (a) a citizen of Brunei Darussalam; or (b) a permanent resident, who is employed under a contract of service or apprenticeship or other agreement to work for an employer and includes the Minister, Deputy Minister, Ambassador, High Commissioner, Consul-General, Consul or such other person as His Majesty the Sultan and Yang Di-Pertuan may, by order published in the Gazette, prescribe but does not include any person or class of persons — (i) specified in Schedule 1; or (ii) declared by the Minister, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, not to be an employee for the purposes of this Act;
employer
Defined · s 2“employer” means the person with whom an employee has entered into a contract of service or apprenticeship and includes — (a) any person, company, association or body of persons, whether or not statutory or incorporated by whom an employee is employed; (b) the owners of any vessel on which an employee is employed; (c) any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer; (d) any foreign mission in Brunei Darussalam; (e) the Government in respect of such categories, classes or descriptions of officers or employees of the Government as the Minister may, with the consent of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, declare to be employees for the purposes of this Act: Provided that no such officer or employee employed by or on behalf of the Government shall be personally liable for anything done or omitted to be done by him as an officer or employee of the Government in good faith;
member
Defined · s 2“member” means any person who has contributed to the member account to whose credit any amount is standing in the account and includes — (a) a self-employed person who has contributed voluntarily under section 15; (b) a self-employed person who has transferred his member account to the retirement account under section 17; and (c) any person who is or was a member in a SCP account;
Scheme
Defined · s 2“Scheme” means the National Retirement Scheme established and maintained under section 8;