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Objectives, Scope and Responsibilities
Article 1- In implementation of Article (29) of the Constitution of Islamic Republic of Iran, as well as clauses (2) and (4) of Article (21) of the Constitution, and in line with consolidation of the macro welfare policies aimed at promoting social justice and supporting all citizens of the country vis-à-vis social, economic and natural events and their consequences, the Comprehensive Social Security System based on the terms and conditions of this Act has been established. It will cover the following:
A. Retirement, disability and death
B. Unemployment
C. Old age
D. Helplessness, loss of caretaker and social vulnerabilities
E. Accidents and incidents
F. Physical, intellectual and mental disabilities
G. Health, medication and Medicare insurance services
H. Supporting mothers, particularly during pregnancy and child fostering
I. Supporting children and unprotected women
J. Special insurance schemes for divorcees, old, and self-supporting women
K. Reducing inequality and poverty
L. Rescue and relief
Clause 1- Access to social security in a manner stipulated in this Act is a right guaranteed to all citizens of the country and its provision is the duty of the government
Clause 2- Possible negative impacts and consequences emanating from acts of government are considered examples of socio-economic events.
Clause 3- Foreign nationals residing in the Islamic Republic of Iran, within the framework of Islamic norms, international conventions and agreements, and on the condition of reciprocity will be subject to support provided by the Comprehensive Social Security System.
Article 2- The social security system includes three sectors:
A. Insurance sector: including social insurance such as retirement, unemployment, accidents and events, disability and survivors, and medical insurance section (health and treatment Clause – Social and medical insurance services are categorized into public and complementary phases in a manner that: 1. Scope of the public insurance services is defined by law.
2. Complementary insurance is referred to those categories of insurance services that are provided in addition to the extent of public insurance services, based on individual or collective agreement concluded between the insured and insurer and payment of insurance premium by the insured. The government will not have any financial commitment toward it, but is obliged to provide legal and lawful support for such insurance schemes.
B. Support and rehabilitation sector: including provision of supportive and rehabilitation assistance, and allocating subsidies and financial support to individuals and needy households that due to various reasons are unable to work, or their income is not sufficient to sustain the minimum standard of living.
C. Relief sector: including rescue and relief during unpredictable disasters.
Article 3- Aims and responsibilities of the insurance sector:
A. Expansion of insurance coverage and providing public level insurance to every member of the society by giving priority to insurance based on the labor market and employment.
B. Coordinating and consolidating various sections of social and medical insurance.
C. Implementing mandatory insurance schemes for wage earners.
D. Establishing the required insurance funds such as private professional and occupational insurance (self-employed and periodical jobs) villagers and tribesmen insurance, special insurance for divorcees, elderly and self-supporting women, and children.
E. Expansion of special insurance for compensation of damages caused by the natural disasters including floods, draught, earthquake and storm.
F. Legal support for complementary insurance.
G. Supervising the performance of insurance fund
H. Pursuing amendment of the statutes of insurance companies and funds in a manner that the entrepreneurial principle is taken into consideration for insurance companies and funds.
I. Supervising the balance between resources and costs of the funds based on insurance auditing.
J. Information dissemination about insurance services.
Clause 1- Every insurance fund can participate in one of the two fields of social and medical activities, or in both.
Clause 2- The government is obliged to prepare the grounds for insurance coverage of all sectors of society,
including the rural population, tribesmen and seasonal workers within two years from the notification date of this law.
Clause 3- Earlier commitments of insurance organizations and funds towards the insured remain valid provided they are under the insurance coverage of only one organization or fund, and the additional commitments will be met by this system if and when necessary funds are made available.
Article 4- Objectives and Responsibilities of the protection and Rehabilitation Sector A. Organizing and target-orienting subsidies and protection resources. B. Coordination of various government sectors aimed at preventing social vulnerabilities. C. Partaking in defining the poverty line (absolute and relative) D. Protecting members of the society against economic and social disruptions and their undesirable consequences, especially in cases of unemployment, loss of bread winner, the helpless, and old age. E. Providing the minimum of basic needs for all individuals and households lacking adequate income by prioritizing those unable to work due to physical and mental reasons. F. Extending loans for a fixed period to individuals in search of employment. G. Coverage of households without a bread winner and self-supporting women. H. Facilitating rehabilitation, training and working skills for needy households. I. Supporting mothers especially during pregnancy and child fostering. J. Providing services to prevent occurrence or exacerbation of disabilities and social vulnerabilities in target groups, and providing coverage for them in three levels of prevention, treatment and rehabilitation. K. Providing facilities for improvement of the physical, mental, social and economic conditions of the disabled for continuing their life and making efforts to maintain the independence and self-sufficiency of the disabled, people deprived of equal social opportunities and the socially disadvantaged. L. Preparing the social and physical environment conducive to the characteristics and abilities of the disabled. M. Continued support for the poor in rural areas and tribesmen.
Article 5- Objectives and Responsibilities of the Relief Sector: A. Preparation of and coordination among relevant organizations for delivering urgent and adequate assistance to those who have suffered from unforeseen disasters and providing basic needs such as food, clothing, temporary shelter for victims of natural disasters within the framework of the country's rescue and relief plans. B. Contingency plans for short-term reconstruction in cooperation with government non-governmental organizations and civil entities. Clause – The Iranian Red Crescent Society is a non-government institution, which functions in accordance with its statutes ratified by Parliament.
Article 6 - Principles and Structural Policies of the Comprehensive Social Security System: A. Intra-Sectoral Coordination: streamlining and coordinating operations and services provided by various insurance, support and relief sectors aimed at promoting effectiveness and broader coverage of the activities of various departments to prevent overlapping and interference in their activities. B. Intra-Sectoral Coordination: coordination among insurance, protection and relief sectors will be carried out with respect to the centrality of insurance system. C. Coordination between preventive and executive activities of sectors affecting social security. D. Participation of non-governmental sector: the social security system is based on the principle of participation in policymaking, planning and evaluation, in a manner that non-governmental bodies, based on the defined methods, can participate. Such participation includes organized and established services receivers such as non-governmental organizations and institutions. This participation does not mitigate the government of its responsibilities, and at all times the government is responsible to provide social security. E. Voluntary public assistance to secure the financial resources by non-governmental and public institutions, organization and companies of social security system is authorized provided it is extended on the basis of a by-law approved by the Council of Ministers (Cabinet) and supervision by the social security system is possible. F. Improvement: improvement of activities are based on following three policies: - specialization of activities based on the type of services
- specialization of activities based on the receivers of services
- specialization of activities based on the level of services (general or complementary)
G. Centralization and Decentralization: this principle emphasizes the following policies: - 1. Planning, policymaking, supervising, evaluating and distribution of public resources in a centralized manner and by the government.
- 2. Executive affairs are decentralized.
- 3. Intervention by the government at the level of social security executive functions is permissible and necessary if and when the scale of activities by non-government institutions is inadequate to provide the required services, and/or for regulating the market for social security services, or compensating market deficiency.
- 4. Considering local conditions in planning.
H. Supervising both government and non-governmental sectors relevant to the Comprehensive Social Security System. Such supervision will be on the basis of and in accordance with this law, criteria specified in their statute, contracts and agreements. I. Competitiveness: enforcing the principle of competitiveness at the executive level of the system aimed at expanding the competitive environment and promoting the following benefits: - 1. All insurance levels of social security system to be planned and regulated in a manner that underpins competition.
- 2. The insure policyholder is able to choose the insurer institution.
- 3. To ensure a healthy competitive environment and prevent the monopoly, and based on the relevant law, the government is authorized to invoke controls and anti-monopoly measures.
J. Financial participation: - 1. Access to funds active in public social and medical insurance, for each member from public resources on per capita basis, would be equal. This will not prevent the government from supporting the needy.
- 2. Percentage of participation and insurance premium share of the employer, based on deduction of premium in funds active in the public social and medical insurance sectors, would be alike.
- 3. Percentage of participation and insurance premium share of the insured, based on deduction of premium in funds active in public social and medical insurance sectors, would be alike.
K. Transfers: transferring the insured from one public insurance fund to another, individually or collectively, would be possible on the basis of a by-law approved by the Council of Ministers (Cabinet). L. Organizations, institutions and fund active in the insurance sector of the system have legal status and financial and administrative independence, and function in accordance to their own rules and regulations within the framework of this system.
Article 7 – Financial Principles and Policies of the Comprehensive Socail Security System: A. Sustainability of financial resources include: - 1. Access to public resources.
- 2. Resources made available through target-oriented subsides.
- 3. Balancing resources and expenses of insurance funds while maintaining the legal status and financial independence of the funds.
- 4. Providing resources for the insurance sector with the participation of employer, insured and government.
- 5. Resources allocated for social compensation of damages caused by economic and development policies.
- 6. Making use of public contributions in spheres of the social security system.
- 7. Utilizing financial resources secured though endowment in sphere of the social security system.
- 8. Making use of resources from religious tax (Khoms) and alms (Zakat) and other faith-based donations in spheres of the system and authorized by religious authorities.
- 9. Making use of alms and charity.
- 10. Making use of resources, properties and assets of institutions and foundations of the Islamic Revolution in various areas of the social security system and with the permission of the Supreme Leader.
- 11. Incomes generated through investments, management of capital and reserves belonging to government and public executive departments, organizations, institutions, and funds active in various domains of the social security system.
Clause: Facilitating financial, credit and structural measures to enable the insurance, support and relief sectors meet the needs of the citizens in a sustainable manner. - B. Financial supervision over resources: All departments, organizations, institutions and funds working in areas of insurance protection and relief activities in proportion to their accessibility of resources and facilities in social security system will be subject to government supervision within the framework of this law.
- C. Implementation of government decisions and decrees concerning reduction in resources and/or increasing expenditures and commitments of insurance funds and institutions, will depend on provision of equivalent financial resources. Revoking the ruling of this article depends on specifying name and indication of the subject in other laws.
- D. Funds, properties, deposits and assets of social and medical insurance funds are considered as public property, subject to joint ownership, and belong to all generations of the society under insurance coverage. Any takeover of such properties by the government, and financial relations of the government with the said funds will be based on rules and regulations governing the activities of the funds.
- E. Amounts owed by the government to organization, funds and insurance institutions active in areas of the social security system will be paid on the basis of the current value and rate of bonds.
Article 8- To reduce the possible negative effects of economic and development programs on the wellbeing and social security of the people, and prevent any shock and impact thereof, the authority in charge of the Comprehensive Social Security System will participate in economic decision-making, particularly those related to determining minimum wages. He will also attend, with a right to vote, meetings of the Economic Council, High Labor Council, Money and Credit Council, High Medical and Social Insurance Council, High Health Council, and the High Family Council. Article 9- Principles and Executive Policies of the Comprehensive Social Security System - A. Comprehensive policy: comprehensive means providing variety of services stipulated in this law.
- B. Adequate policy: based on this policy, in the first phase the basic needs of all members of the society will be provided. Quantity and quality of services will be enhanced in the second phase.
- C. Broad-Based Policy: services of social security system must be made available and guaranteed to the entire population.
- D. Preventive policy: implementation of this policy covers all three areas of insurance, protection and relief. Based on this policy, emphasis is on the need for coordination with other effective institutions in a manner that efforts aimed at preventing the emergence of, or increase in social ills become the basis of a cross-sectional coordinated policy.
- E. Empowerment policy: empowerment means reducing methods of direct provision of needs with reciprocal increase in individual or collective abilities of dependent individuals to meet their own needs.
- F. Job creation policy: the job creation policy is a non-protective mechanism. Facilitating job opportunities for individuals enables them to meet their own needs, and implies that provision of welfare services is subject to fulfillment of specific commitments.
- G. Policy of active identification of the needy: helping protect the rights of people through a comprehensive data collection system, upholding human dignity, and negating indignity.
- H. Government will guarantee the rights of members and those under insurance coverage against the legal commitments of insurance organizations, institutions and funds of this system. The government is obliged to take necessary financial, monetary and structural measure in this respect.
- I. Provision of insurance undertaking by funds towards members and insured individuals will be on the basis of justice and in proportion to the level of participation (membership and amount of premium), and by adjusting inputs and outputs in accordance with insurance-related assessments.
- J. Organizations, institutions and insurance funds of the social security system have natural commitments, and rights of the insured in relation to the funds is exclusive to receiving legal commitments Clause: Given the limits of government resources in all three policies (adequacy, comprehensiveness and broad-based), the government is obliged to include its relevant progression policies in the country's development plans.
Article 10- Subsidy policies will be determined within the framework of law and in accordance with the general policies of government aimed at creating targeted subsidy programs by drawing on the country's comprehensive data system, including the national code project and tax regime, in a manner that subsidies for high-income households are reduced or eliminated, and those for the low-income groups increase. Resources made available by eliminating or reducing subsidies for the higher brackets will be used for complementing the resources of the Comprehensive Social Security System.
Organization Article 11- The Ministry of Welfare and Social Security is being established in line with realization of the Comprehensive Social Security System and implementation of this law. - Clause 1- Any use of resources of the social security system, whether public or subsidies, in areas of insurance, protection or relief by government and executive departments, non-government funds and bodies outside the scope of this system and under any title and purpose is banned. Any access to such resources is subject to the supervision and overall guidance of the Ministry of Welfare and Social Security.
- Clause 2- Policies of the Ministry of Health covering health, medication, classification of medical services and system of referral are mandatory for the Ministry of Welfare and Social Security and its affiliated bodies.
- Clause 3- Government is obliged to take legal measures for the merger of the two existing ministries before the end of the Third Economic, Social and Cultural Development Plan.
Article 12- Four principle bodies of the Comprehensive Social Security System: - 1. Supreme Council of Welfare and Social Security.
- 2. Ministry of Welfare and Social Security.
- 3. Main institutions and funds in each area of social insurance, medical insurance, services, protection and relief affairs responsible for regulating resources of this system, including public resources and subsidies allocated by ministries, resources acquired through participation of social partners or exercising executive tasks in various areas of social insurance, medical insurance services, protective affairs and relief activities on behalf of the government.
- 4. Executive institutions including commercial insurance companies, municipalities, rural administrative bodies and other structural entities consisting banks, funds, welfare and service companies, charities and civil bodies that will function as executive agencies of the Comprehensive Social Security System in the framework of agreements and memorandums of understanding.
Clause 1- Establishments, organizations, institutions and the main funds active in the insurance, protection and relief areas of this system are obliged to transfer the executive and administrative activities related to their production and provision of services and relevant legal obligations to executive agencies through contracts the terms and conditions of which will be determined upon proposals by the ministry to be approved by the Supreme Council of Welfare and Social Security.
Clause 2- Given the inherent nature of insurance affairs, all institutional and organizational titles of bodies active in the social and medical insurance fields will be changed to "funds".
Clause 3- All institutions covering families of martyrs, POWs, missing in action, war disabled, former POWs, and veterans of the Islamic Revolution and Iraq-Iran War, based on the letter of Feb. 6, 2003 from the Supreme Leader Ayatollah Ali Khamenei to President Mohammad Khatami will be merged into one organization. Upon approval of the Leader, all holdings, assets and resources of the Martyrs Foundation, Headquarters for Ex-POW Affairs, and 50 percent of assets, properties and resources of the Mostazafan and Janbazan Foundation will be transferred to the newly established organization. Incomes generated by the above assets and ownership will be allocated exclusively to the affairs of martyrs and veterans within the framework of social security system.
Article 13- Supreme Council of Welfare and Social Security: in order to coordinate social policies in the areas of social security, employment, physical education, housing, health, Medicare and all other sectors related to social security, the Supreme Council of Welfare and Social Security headed by the President of the Islamic Republic of Iran with the Minister of Welfare and Social Security as its Secretary, is being established in the Ministry of Welfare and Social Security. Decisions by the Supreme Council will be valid upon endorsement by the President and ministers sitting on the council. Article 14- Composition of the Supreme Council of Welfare and Social Security: - President of the Islamic Republic of Iran (chairman)
- Minister of Welfare and Social Security (secretary)
- Head of State Management & Planning Organization
- Interior Minister
- Minister of Health
- Minister of Education
- Minister of Housing
- Minister of Labor
- Minister of Defense
- Minister of Economy
- Three parliamentarians from the Health, Social and Plan and Budget, and State Auditing Commissions appointed as observers by parliament.
Article 15- Responsibilities of the Supreme Council of Welfare and Social Security: - A. Coordinating social policies
- B. Interaction with the Economic Council and other cross-sectional councils for resolving social problems.
- C. Review, amendment and approval of welfare and social security policies and its proposal to the Cabinet in concord with government macro polices.
- D. Review, amendment and approval of the annual welfare and social security budget within the framework of country's general and budgetary policies and its proposal to the Cabinet.
- E. Recommending general rules for management of capital, deposits and investments by the executive, government and public bodies, institutions and funds involved in various areas of the social security system upon approval of the government. Clause: Procedural rules for organizing and managing meetings, quorum for decision – making and other issues related to the Supreme Council of Welfare and Social Security will be prepared by the Ministry of Welfare and Social Security and ratified by the Cabinet.
Clause: Procedural rules for organizing and managing meetings, quorum for decision – making and other issues related to the Supreme Council of Welfare and Social Security will be prepared by the Ministry of Welfare and Social Security and ratified by the Cabinet.
Article 16- To accomplish the objectives and fulfill duties stipulated in Chapter I and implement Principles and policies enshrined in Chapter II of this law, the authority Ministry of Welfare and Social Security are defined as follows: - A. Preparing grounds for enforcing principles governing comprehensiveness and effectiveness of the system, and expansion of insurance, protection and relief cover in the country (within the framework of the comprehensive rescue and relief program).
- B. Coordination and interaction of the Comprehensive Social Security System programs and their counterparts in the employment, health and medical care, education, housing and other relevant sectors.
- C. Drafting policies, strategies and criteria for the comprehensiveness and effectiveness of the Comprehensive Social Security System within the context of law and general policies of the government for approval by the Supreme Council and Cabinet ratification.
- D. Coordinating executive plans of the three areas of Comprehensive Social Security System.
- E. Preparing drafts, bylaws and guidelines to achieve objectives and policies of the Comprehensive Social Security System, and proposing the same to the relevant authorities for approval.
- F. Drafting the government's macro public budget for social security, medical insurance services, support and relief schemes, and proposing it to the supreme council of welfare and social security.
- G. Management of resources and expenditures, and drafting the combined budget of the Comprehensive Social Security System aimed at balancing the funds and efficient allocation of resources for diverse sectors of social security system.
- H. Organizing supervisory and evaluation mechanisms of the performance of the Comprehensive Social Security System, and presenting relevant reports to the Supreme Council of Welfare and Social Security.
- I. Regulation and executive management of target-oriented social subsidy programs, and directing the same towards needy individuals and households in accordance with self-sustaining and employment approach within the framework of law and general policies of the government.
- J. Planning and regulating the performance of the system in a manner that every individual, the needy in particular, have the best possible access to benefits of security and protection through insurance networks.
- K. Regular review and evaluation aimed at assuring the financial stability (resources and expenses) of operational sectors of the system for meeting current and future commitments and submitting reports to relevant authorities.
- L. Preparing grounds for broader presence and participation of charities, endowments and civil institutions in protection and relief sectors of the Comprehensive Social Security System.
- M. Establishing the Comprehensive Social Security System data bank for gathering and processing information, and determining relevant indices for insurance, protection and relief sectors.
- N. Conducting applied research.
Clause – Organizing specialized and strategic councils in the three domains of the Comprehensive Social Security System will be according to a by-law approved by the Cabinet.
Article 17- The ministry of Welfare and Social Security is obliged, within one year from the approval of this law, to review and amend the statutes of all executive bodies, institutions, government and public funds active in the insurance, protection and relief sectors (within the framework of the comprehensive relief and rescue program) whose inclusion to the law requires mention of their name, and after approval by the Supreme Council submit them for ratification by the Cabinet. Using public funds for newly approved organization, funds and entities are authorized. Amendment of statutes related to the foundations of the above-mentioned institutions should be in a manner that heir overall composition is as follows: - A. Council, assembly of board of trustees with following conditions: 1. Half the members plus one will be appointed on the proposal by the Minister of Welfare and Social Security, to be confirmed by the Supreme Council of Welfare and Social Security and ratified by the Cabinet.
2. Remaining members, in proportion to the number of people under the coverage of the "established and organized service receivers", will be appointed in accordance with a by-law to be approved by the Cabinet. In the absence of such official establishments and till the date of their formation, the remaining members will be appointed as per the proposal of the Minister of Welfare and Social Security, approval of the Supreme Council of Welfare and Social Security, and Cabinet ratification. Clause – If and when there is need for the establishment, individually or collectively, of a special fund for employees of one or a number of executive bodies, two most high-ranking officials of that establishment or establishments will as observers attend meetings of the council, assembly, or broad of trustees. - B. Board of directors: consists of five or seven people with diverse expertise and experience to be appointed for four years by the council, assembly or the board of trustees on duty basis (without accepting executive responsibility). Their re-appointment is allowed, and they will elect one person from among themselves as chairman of the board.
- C. General Manager: an individual from outside the general assembly and board of directors will be appointed as general manager for four years upon the proposal of the board of directors, approval of the council, assembly, or the board of trustee. Re-election is permissible.
- D. Supervisory Board: consisting of three individuals with necessary expertise and experience to be elected for four years by the council, assembly or board of trustees, and their re-election is permissible (duty of legal inspections is the function of the State Auditing Organization, which will submit its report to the Supervisory Board for review and assessment).
Clause 1- Minimum qualification for membership in each one of the above-mentioned institutions is a post-graduate degree and five years of specialized experience in management, accounting, insurance, finance, economics, informatics and medical groups. Appointments will be substantiated after approval of their qualifications for the posts by the state Management and Planning Organization. Clause 2- All responsibilities and authorities of the state and public executive organizations, funds and institutions active in insurance protection and relief sectors of the system will be withdrawn from the relevant ministers or their highest authority, and conferred upon the Minister of Welfare and Social Security. This transfer also includes membership in councils, assemblies or board of trustees of the social institutions, principal and subsidiary government commissions, cross-sectional high councils and relevant international bodies.
Article 18- Enactment of this law in relation to the Imam Khomeini Relief Committee and Armed Forces affairs depends on consent of the Supreme Leader.
Article 19- From the date of the Approval of this law, those sections of social security, medical insurance services, protection and relief regulations contradicting these laws are null and void.
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