The National Social Security Fund (Voluntary Registration) Regulations

Legal Notice 82 of 2014

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LAWS OF KENYA

NATIONAL SOCIAL SECURITY FUND ACT

THE NATIONAL SOCIAL SECURITY FUND (VOLUNTARY REGISTRATION) REGULATIONS

LEGAL NOTICE 82 OF 2014

  • Published in Kenya Gazette Vol. CXVI—No. 74 on 20 June 2014
  • Commenced on 20 June 2014
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the National Social Security Fund, (Voluntary Registration) Regulations.

2. Application

These Regulations shall apply to the self-employed and voluntary contributors.

Part II – REGISTRATION OF VOLUNTARY MEMBERS

3. Eligibility of voluntary membership

A person is eligible to be registered as a voluntary member if the person—
(a)is self employed;
(b)retires from employment, or otherwise ceases to be an employee within the meaning of the Act other than by attaining pensionable age;
(c)is ordinarily resident in Kenya but is employed outside Kenya under a contract of service entered into by an employer who does not reside in or has no place of business in Kenya;
(d)is employed in Kenya by a person who is not an employer within the meaning of the Act;
(e)is a member of an organized group of persons invited by the Board to become members of the Fund pursuant to an agreement under regulation 5 below;
(f)is a citizen of Kenya who lives and works outside Kenya; or
(g)is an exempt person under the Act.

4. Furnishing of required information

A person applying for membership shall be required to furnish the Fund in writing with the information detailed in the application form.

5. Admission agreement

The Board may enter into an agreement known as an admission agreement that permits members of an organized group of persons whether eligible to become members of the Fund or not, to be subject to such conditions as the Board may prescribe, become members of the Fund.

6. Voluntary member registration

(1)A person may apply for registration as a voluntary member of the Provident Fund by making an application in the prescribed form.
(2)Upon registration, the voluntary member shall pay an initial contribution of not less than two hundred shillings.
(3)The persons registering online shall be required to make the initial contribution of not less than two hundred shillings through an authorized mode of payment.
(4)On receipt and approval of an application for voluntary contribution, the Managing Trustee shall issue the applicant with a certificate for voluntary contributions.

7. Prohibition of deliberate defacing or destroying of certificate

A member shall not deliberately destroy deface, amend erase a certificate issued under regulation 6.

Part III – CESSATION OF MEMBERSHIP AS VOLUNTARY MEMBER

8. Cessation of membership as voluntary member

A person shall cease to be a voluntary member if the person—
(a)becomes an employed contributor; or
(b)advices the Managing Trustee, in writing, that he or she no longer wishes to be a voluntary contributor.

9. Retention of membership

A person who advices the Managing Trustee, in writing, that he no longer wishes to be a voluntary contributor may retain his membership without making contributions unless he opts to access the benefits.
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History of this document

31 December 2022 this version