LAWS OF TUVALU 

PROVIDENT FUND AMENDMENT ACT 2009

Act No. 5 of 2009

AN ACT TO AMEND THE PROVIDENT FUND ACT 1984.

ENACTED BY THE PARLIAMENT OF TUVALU 
3rd July, 2009 

Commencement [1st August, 2009] 

1 	Short title and commencement 

This Act may be cited as the Provident Fund (Amendment) Act 2009 and shall come into force on a day to be appointed by the Minister by Notice. 

2 	Amendments of section 11 

Insert a new section 11A after section 11 as follows — 

"11A Member's credit not subject to sequestration 

(1) Subject to subsection (2) and without prejudice to any arrangement made between any member and the National Bank of Tuvalu or Development Bank of Tuvalu in accordance with section 20(1)(i), no contribution to the Fund, nor any amount standing to the credit of a member in the Fund nor interest on any such contribution or amount, nor withdrawals made under section 20(1)(g)&(h), nor the rights of any member acquired thereunder, shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever. 

(2) With the exception of benefits payable under section 20(1)(g)&(h), the protection above in subsection (1) does not extend the protection to any member's funds once they are withdrawn or payable as benefits under section 20(1)(a)-(f). 

3 	Amendment of section 12 

Section 12 is amended by inserting two new subsections and thereby changes the numbering of the subsections as follows — 

"(3) Subject to this Act and in pursuance of the International Labour Organization and the International Social Securities Association's standards and Regulations 4.5, Standard A 4.5, and Guideline B 4.5 of the Maritime Labour Convention 2006, every Tuvalu seafarer employed on merchant ships under a contract of service through Agents of offshore ship-owners shall be covered and shall be liable to pay contributions.". 

(4) For the purpose of establishing liability for the payment of Tuvalu seafarer's contributions, there shall be the following groups of contributor — 

Group 1 – employed seafarer; and 

Group 2 – Agent's of foreign ship-owners having a place of business within Tuvalu." 

The old subsection (3) is renumbered as subsection (5), and subsection (4) as subsection (6). 

4 	Amendment of section 20 

Paragraphs (e) and (g) of section 20(1) are hereby repealed in their entirety and substitute with the following: 

"(e) Member's home benefit, that is to say a lump sum payable to a member who has attained the age of 35 years and has left employment for the purpose of caring for dependants." 

"(g) Medical and Educational benefit, that is to say a lump sum payable to assist a member or member's dependant paying for medical or educational services." 

5 	Amendment of section 23 

(1) Subsection 3 of section 23 is hereby repealed in its entirety and substitute with the new subsection as follows: 

"(3) Subject to the Regulations made under subsection (4) of this section, entitlement to benefit under section 20(1)(g) shall be discharged by the issue of a non-negotiable cheque or order in the amount required by the entity providing or facilitating the required medical or educational service.". 

(2) Section 23(5) is repealed. 

6 	Amendment of section 29 

Section 29 is hereby amended by inserting new subsections 29(6) and 29(7) after subsection (5) as follows: 

"(6) Where a member being an employer or a director of a body corporate employer, owing debts to the Fund for unpaid contributions or surcharges, such member's funds held by the Fund in his contribution account shall be automatically charged as security to such debts. 

(7) Where such member, as described in the foregoing subsection, withdraws his funds in accordance with section 20(1)(a)-(f) but has not been discharged of his debts to the Fund, his funds shall be automatically paid to discharge such debts owed to the Fund and the member shall only be entitled to the remaining funds should there be any.". 

7 	Discontinuance of Special Death Benefit 

Without prejudice to any obligations incurred or rights accrued under sections 20(1)(g), 23(3) and 23(5) of the Provident Fund Act 1984, those sections are hereby repealed.