LAWS OF TUVALU

PROVIDENT FUND ACT 1984 (Cap.86)

LN 07/99

PROVIDENT FUND (CONTRIBUTIONS) (AMENDMENT) 
REGULATIONS 1999

Short Title, Commencement and Interpretation

In exercise of the power conferred by section 14 of the Provident Fund Act 1984, I hereby make the following regulations — 

1. (1) These regulations may be cited as the Provident Fund (Contributions) (Amendment) Regulations, 1999. 

(2) These regulations shall come into operation on a day to be appointed by the Minister by notice. 

(3) In these regulations, "the Regulations" means the Provident Fund (Contributions Regulations 1984. 

Amendment of regulation 2 

1. Regulation 2 of the Regulations is amended by repealing sub-regulation (1) and substituting — 

"( 1) For the purpose of section 12(4) the monthly contributions for each member shall be determined by applying the rates shown in Schedule 1 to the member's gross earnings for the month, the calculation being taken to the nearer multiple of $0.10." 

Amendment of regulation4 

3. Regulation 4 of the Regulation is amended in sub-regulation (2) by deleting "National Bank of Tuvalu" and substituting "Fund". 

Replacement of regulation 10 

4. Regulation 10 of the Regulations is repealed and replaced by — 

Monthly Contribution Returns and Monthly Contribution Payment Statement 

10. (1) An employer shall be liable to complete a monthly contribution returns (hereinafter called "returns") and monthly contribution payment statements (hereinafter called "payment statements") in accordance with this regulation. 

(2) In respect of the returns — 

(a) the employer shall record the name and membership number of every employee and shall enter each month the amount payable to the Fund in respect of that employee (other than any Group l(ii) contributions as described in the Schedule); and 

(b) at the end of the every month the employer shall complete the returns by carrying out the required additions and shall send the completed returns to the Manager or Secretary of the Kaupule with the payment statement and remittance for that month. 

(3), The employer shall complete the payment statement for each month and shall send it together with a remittance for the total of the amounts payable to the Fund shown on the statement in accordance with regulation 8. 

(4). If during the month an employer ceases to be liable to pay contributions, he shall immediately send completed returns and payment statements to the Manager together with all moneys due to the Fund. 

(5). If the employer discovers an error in a return or payment statement after dispatch, he shall immediately inform the Manager in writing of the amount and nature of the error and the Manager shall direct how it should be adjusted." Replacement of regulation 14 

5. Regulation 14 of the Regulations is repealed and replaced by 

"Voluntary Membership 

14. (1) Any person who is neither an employed person under the provisions of the Act nor a person described in sub-regulation (2), and who is not less than 15 nor more than 60 years of age, may by applying to the Manager on an approved form become a voluntary member of the Fund and shall thereafter pay contributions as set out in Schedule 1 for Group 3 (voluntary members). 

(2) The following classes of persons are not entitled to become voluntary members — 

(a) non-citizens domiciled outside Tuvalu and residing in Tuvalu solely or principally for the purpose of employment or the employment of a spouse; and 

(b) persons who have twice been entitled to benefit from the Fund. 

(3) Contributions by voluntary members shall be payable to the Fund and the Manager shall ensure that the voluntary member receives a record of the payment on an approved form. 

(4) Voluntary members shall be entitled to the same benefits as other members, except that persons becoming voluntary members after these Regulations have come into operation shall not be entitled to the special death benefit described in section 20(g)". 

Amendment of Schedule 

6. The Schedule to the Regulations is amended — 

(a) in paragraph 1 by deleting 'Tuvalu Provident Fund Cashier" and substituting 
"Fund"~; 

(b) by deleting the final sentence of paragraph 1; and 

(c) in paragraphs 1 and 2 by deleting "5%" and substituting "10%". 

Made at Funafuti this 22nd day of November, 1999