National Retirement Scheme Act · 2024 Revised Edition · Part 2
9. Membership of Scheme
Official textFrom Attorney General's Chambers, unchanged
On the date of commencement of this Act, any employee and member in an ordinary account or a SCP account in respect of whom this Act applies shall —
employee
“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;
National Retirement Scheme
Scheme
“Scheme” means the National Retirement Scheme established and maintained under section 8;
cease to be a member under the Employee Trust Act
(Chapter 167) or Supplemental Contributory Pensions Trust Order,
2009 (S 58/2009) at such period as the Board may determine and shall cease to accrue benefits thereunder; and
become a member of the Scheme.
On the date of commencement of this Act, any amount standing to the credit of the members in an ordinary account and a SCP account shall be transferred to —
ordinary account
“ordinary account” means an account maintained under section 15 of the Employee Trust Act;
a member account —
member’s principal contributions;
member’s and employer’s voluntary contributions; and
self-employed person’s contributions; or
a retirement account —
employer’s principal contributions;
self-employed person’s contributions; and
Government’s contributions under sections 8(10), 9(4)
and 18 of the Supplemental Contributory Pensions
Trust Order, 2009 (S 58/2009).
Terms defined in s 2
Board
Defined · s 2“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act;
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;
member account
Defined · s 2“member account” means an account maintained under section 16(3);
ordinary account
Defined · s 2“ordinary account” means an account maintained under section 15 of the Employee Trust Act;
retirement account
Defined · s 2“retirement account” means an account maintained under section 16(4);
Scheme
Defined · s 2“Scheme” means the National Retirement Scheme established and maintained under section 8;
SCP account
Defined · s 2“SCP account” means an account maintained under section 17(1) of the Supplemental Contributory Pensions Trust Order, 2009;
self-employed person
Defined · s 2“self-employed person” means any person below the minimum retirement age who, being a citizen of Brunei Darussalam or permanent resident and not being employed under a contract of service or apprenticeship, engages in any trade, vocation, profession or other activity in Brunei Darussalam for the purpose of gain;
Part
Withdrawal of Contributions
Part
Contributions by Permanent Residents Holding Foreign Citizenship
Part
Administrator Nominees
Part
Offences, Penalties and Proceedings
Part