25 May 2010 Jordan Times
 

Legal experts examine Social Security Law amendments

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AMMAN - Legal experts and women activists on Monday examined the potential benefits and pitfalls in the recently endorsed amendments to the Social Security Law.

At a symposium held by the Arab Women's Legal Network (AWLN), Social Security Cooperation (SSC) Assistant Director General for Insurance Issues Nadia Rawabdeh said the temporary legislation provides further protection to subscribers' rights, compared to the previous SSC law.

However, some participants contended that the temporary law has several loopholes.

In her opening address, AWLN Director Judge Ihsan Barakat noted that there is "confusion arising from the legislation drafting process".

"We feel that there are insufficient guidelines for drafting this law and other laws," she said, noting that sound legislation is essential to guarantee human rights.

Although intensive discussions were held prior to the endorsement of the temporary law, there are still outstanding questions on various articles in the legislation, Barakat said.

Rawabdeh briefed the attendees on the reasons for drafting the legislation, pointing out that early retirement and other social security costs were close to exceeding SSC revenues.

"Of the overall retired personnel, 78 per cent receive early retirement," she indicated.

Citing SSC figures, she said one-third of employed Jordanians were not covered by social security since the previous law did not compel them to subscribe to the SSC.

A large portion of SSC pensioners did not have health insurance and the salaries of 95 per cent of SSC subscribers are currently below JD600, she pointed out.

The new law extended the SSC's umbrella to include housewives, linked pensions with the inflation rate and set the salary ceiling subject to SSC deduction at JD5,000, Rawabdeh explained.

Jordanian National Commission for Women (JNCW) Secretary General and women's activist Asma Khader noted that the new law met women's requirements, describing the rise in the early retirement age from 45 to 50 as a "positive" development.

"Women need to work more years in order to reach decision-making posts and receive better salaries and thereby better pensions," Khader told The Jordan Times, stressing that she disagrees with the opposition to the new early retirement age.

She also referred to some calls for higher pension rates as "infeasible", noting that the law aims to balance SSC requirements to ensure its sustainability with those of the public.

However, Khader said issues such as defining hazardous work should not have been left for the Cabinet to decide on.

Other lawyers also raised concerns that the law delegates several authorities to the Cabinet, noting that the legislation, which went into effect in April, should have been studied further to leave no room for interpretation.

Saddam Abu Azzam, head of the legislation unit at the National Centre for Human Rights, criticised local laws for often leaving many issues and fine points unclear and up to the interpretation of authorities.

He underlined the importance of examining draft legislation thoroughly prior to endorsement and taking international requirements into account.

The AWLN symposium, which was attended by judges, lawyers and representatives from the Legislation Bureau, is part of the network's project on the enhancement of legislative drafting skills, set to conclude by the end of this year.


By Abeer Nouman

© Jordan Times 2010

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