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Social Security

Decree · 1963-09-26 · 87 articles

The President of the Lebanese Republic, Having regard to the Lebanese Constitution, and in particular Article 58 thereof, Whereas the Government referred to the Chamber of Deputies, by Decree No. 12539 dated 16 April 1963, the expedited draft law on social security, Whereas more than forty days have elapsed since said draft was referred to the Chamber of Deputies without it being decided upon, Upon the proposal of the Minister of Labour and Social Affairs, And following approval by the Council of Ministers at its session held on 7 August 1963, Decrees as follows: Article One – The expedited draft law referred to the Chamber of Deputies by Decree No. 12539 dated 16 April 1963 is hereby placed into force, and its text reads as follows:

Book 1

Administrative Organisation and Scope of Application of Social Security

Chapter 1

Administrative Organisation

ARTICLE 1

Establishment of the National Social Security Fund

  1. 1)A National Social Security Fund, hereinafter referred to in this Law as «the Fund», is hereby established to administer the social security system (1) with its multiple branches.
  2. 2)The Fund is an independent institution of social character subject to the provisions of this Law, possessing legal personality (2) and financial and administrative autonomy. Its head office is in Beirut and it may establish regional and local offices.
  3. 3)Within the limits set out in Article 3 of this Law, the Fund is subject to:
  4. 4)The supervisory authority of the Ministry of Labour through a Government Commissioner whose powers are defined by an implementing decree (3) adopted in the Council of Ministers.
  5. 5)The prior supervisory authority of the Council of Ministers.
  6. 6)The ex-post audit of the Court of Audit without any prior control (4).
  7. 7)The governing bodies of the Fund consist of a Board of Directors, a Technical Committee, and a Secretariat-General; the Secretariat-General is subordinate to the authority of a Director General.
  8. 8)The Fund is not subject to the supervision of the Civil Service Board or the Central Inspection, nor are the provisions of Legislative Decree No. 150 dated 12 June 1959 (1) applicable to it.

1. The National Social Security Fund is not subject to the general regulations governing public institutions (Decree No. 4517 dated 13/12/1972), pursuant to Article 40 of that Decree.

2. Legal personality is the attribution of corporate status to a body or association, giving it a separate legal existence and distinct financial regime that enables it to purchase, enter into contracts, litigate, and hold assets.

3. See Decree No. 15255 dated 1/2/1964 defining the powers and allowances of the Government Commissioner to the National Social Security Fund.

4. See Article 15 of the Regulations attached to Decree No. 3489 dated 28/12/1965 concerning the procedure for transmitting the accounts, documents, and supporting papers of the public institution.

ARTICLE 2

Composition of the Board of Directors

  1. 1)The Board of Directors shall be composed of the following representatives:
  2. 2)Six representatives of the State, who may be chosen from among civil servants in government departments and public institutions or from outside.
  3. 3)Ten representatives of the professional organisations most representative of employers referred to in Article 9, paragraph 1 of this Law.
  4. 4)Ten representatives of the professional organisations most representative of employees (workers and staff) referred to in Article 9, paragraph 1 of this Law.
  5. 5)Representatives of the agricultural employers' and employees' organisations most representative of employers and employees, whose number and method of selection shall be determined by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour.
  6. 6)The organisations referred to in paragraphs (b) and (c) above shall determine the number of their representatives by a decree (4) adopted in the Council of Ministers upon the proposal of the Minister of Labour, ensuring the broadest possible representation of existing sectors. The said organisations shall elect their representatives and the elections shall be confirmed by a decree adopted in the Council of Ministers. The Government may request any of these organisations to replace its elected representative with another when it deems there is cause to do so.
  7. 7)Representatives are appointed for a term of four years. A representative must be Lebanese and have experience in his field of work.
  8. 8)If a representative resigns or dies, a successor shall be appointed for the remainder of the term, following the same procedure used in appointing the predecessor.
  9. 9)New representatives shall be appointed or their election confirmed at least two months before the expiry of the current term.
  10. 10)The new Board of Directors shall, at its first meeting, elect its Bureau composed of a Chairman, a Vice-Chairman, a Secretary and four members, ensuring that the State is represented by two members and that employers and employees are each represented by three members.
  11. 11)The term of the Bureau is four years, renewable, provided that the term of any Bureau member expires upon the expiry or forfeiture of his membership on the Board of Directors (5).
  12. 12)Decisions of the Board and the Bureau are taken by absolute majority; each representative has one vote, and in the event of a tie the Chairman's vote is casting.
  13. 13)[Paragraph added by Decree No. 1881 dated 5/4/1979]: The majority voting in the Board of Directors for decisions taken must be an absolute majority of each of the representatives of the State, employers, and employees; if this is not achieved at a first session, the Board shall be convened to a second session to vote on such decisions by absolute majority of Board members without distinction, provided that the interval between the first and second sessions is not less than two weeks (1).
  14. 14)The Bureau shall sign the decisions it takes at its first meeting after they are adopted.
  15. 15)The Board shall adopt its internal rules (2) and determine its meeting schedule; it shall not meet at the call of its Chairman less than twice a month, and may hold extraordinary meetings if requested in writing by at least five representatives, or upon request of the Minister of Labour, the Chairman of the Technical Committee, or the Director General.
  16. 16)The Bureau shall determine its own meeting schedule, meeting at the call of its Chairman at least twice a week, and may hold extraordinary meetings upon request of at least three of its members, or upon request of the Minister of Labour, the Chairman of the Technical Committee, or the Director General.
  17. 17)Representatives shall receive an attendance allowance for each meeting of the Board and Bureau they attend. The amount of this allowance and the monthly maximum that a representative may receive for attendance at Board and Bureau meetings shall be fixed by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour. No representative may receive any salary or other compensation for any work performed for the Fund.
  18. 18)Members of the Board of Directors are personally liable, vis-à-vis third parties, for acts of fraud committed in the exercise of their duties. They do not incur collective liability for their acts in the Board and Bureau except where damage caused to injured parties results from a violation of a decision recorded in the meeting minutes.
  19. 19)An action for liability shall be time-barred upon the expiry of five years from the date of the impugned decision.

1. Legislative Decree No. 150 dated 12/6/1959 on independent services was repealed and replaced by Decree No. 4517 dated 13/12/1972 (General Statute of Public Institutions). The National Social Security Fund was exempted from its application.

2. Application of the amendment to Articles 2 and 3 of the Social Security Law was suspended by virtue of Law No. 81/6 dated 20/2/1981 and further extended to 31/12/1982 by Decree No. 5441 dated 20/9/1982.

3. The decree designating representatives of the agricultural employers' and employees' organisations has not yet been issued.

4. See Decree No. 2390 dated 25/4/1992 defining the professional organisations most representative of employers and employees.

5. See Decree No. 3127 dated 28/1/1993 appointing a temporary committee to carry out the functions of the Board of Directors of the National Social Security Fund.

Amended 1974Amended 1978Amended 1979
ARTICLE 3

Powers of the Board of Directors

The powers of the Board of Directors of the Fund shall cover in particular the following matters:

  1. 1)Matters requiring a decree adopted in the Council of Ministers:
  2. 2)Organising the appointment of the Financial Committee entrusted with investing the Fund's assets for short, medium, or long terms pursuant to Article 64, paragraph 2 of this Law.
  3. 3)Authorising the Director General to acquire or sell immovable property whose value exceeds the amount fixed in the internal regulations, when such property is intended for the Fund's internal operations or for social services under its direct authority.
  1. 1)Matters requiring approval of the supervisory authority:
  2. 2)Proposing the Fund's various internal regulations, staff regulations, and the salary scale for the Fund's various departments.
  3. 3)Proposing the Fund's administrative budget and supplementary budgets.
  4. 4)Approving the final accounts of the administrative budget, supplementary budgets, and other Fund accounts, together with the reports and explanatory statements specified in the Fund's regulations.
  5. 5)Determining the principles governing social investments.
  6. 6)Determining the principles for establishing local and regional offices.
  1. 1)Matters decided by the Bureau:
  2. 2)Decisions not required by law to be submitted to the Council of Ministers and not requiring approval of the supervisory authority.
  3. 3)Decisions to be taken as a result of the Technical Committee's reports or observations of the supervisory authority that are administrative or technical in nature and do not require referral to the Council of Ministers or the supervisory authority.
  4. 4)Appointment of third- and second-category employees following competitive examination as provided in Article 6 of this Law.

4- The Board of Directors shall, within the time limit specified above, transmit to the supervisory authority through the acting Government Commissioner, together with his opinion, the decisions referred to in paragraphs 1 and 2 of this Article, accompanied by the minutes of the relevant session.

5- If the supervisory authority (1) does not communicate a reasoned rejection to the Board of Directors within one month of the date of receipt of the submitted decisions, those decisions shall be deemed approved upon the expiry of the said period. The same applies to decisions referred to the Council of Ministers under paragraph 1(a) of this Article.

1. Unlike what is stated in paragraph 4 of Article 3, the Law does not restrict in paragraph 5 the period for the supervisory authority's refusal to the Government Commissioner's notification period, since the decree fixing the Commissioner's powers does not refer to that.

2. Once the internal regulations are approved by the supervisory authority they become an integral part of the Social Security Law.

3. See Decree No. 15996 dated 6/4/1964 defining the allowance of the Chairman of the Board of Directors of the National Social Security Fund.

4. Application of this amendment was suspended until the end of 1981 by Law No. 81/6 dated 20/2/1981, and was extended to 31/12/1982 by Decree No. 5441 dated 20/9/1982.

Amended 1978
ARTICLE 4

The Technical Committee

  1. 1)The Technical Committee is a permanent body of the Fund that exercises the functions assigned to it under this Law and the Fund's regulations.
  2. 2)The Technical Committee shall be composed of a Chairman and two members.
  3. 3)The Chairman and two members of the Technical Committee shall be appointed by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour. In addition to the general conditions of appointment applicable in the Fund, the following specific conditions must be met:
  4. 4)For the Chairman: he must be from the first category of the State's general administrative cadre or eligible for promotion thereto; or he must hold a university degree recognised upon completion of second-year baccalaureate studies, or its equivalent, in law, financial, economic, or commercial sciences, with at least ten years of practical experience in his field after obtaining the degree.
  5. 5)For the two members: they must be from the second category of the State's general administrative cadre or eligible for promotion thereto; or they must hold a university degree requiring at least three years of study after the second-year baccalaureate or its equivalent in the same fields prescribed for the Chairman, with at least five years of experience in the member's field after obtaining the degree.
  6. 6)A special grade outside the Fund's establishment shall be created with two ranks: one for the Director General and one for the Chairman of the Technical Committee, with the salary scale for each rank defined in the Fund's internal regulations. The two members of the Technical Committee shall be governed by the salary scale of the first category of the Fund's establishment.
  7. 7)The service of the Chairman or either member of the Technical Committee may be terminated by a decree adopted in the Council of Ministers for any of the reasons specified in paragraph (a) of Article 5, and following an inquiry whose procedures are defined in a special charter approved by the Board of Directors and subject to ratification by the supervisory authority.
  8. 8)The Chairman and members of the Technical Committee are prohibited from receiving any compensation for any assignment entrusted to them by the supervisory authority, the Board of Directors, or the Director General. They may not be appointed to any post within the Fund's operations for a period of two years following the termination of their service on the Technical Committee.
  9. 9)The Chairman of the Technical Committee shall manage the department of employees under the Committee and for that purpose shall enjoy all the powers of the Fund's Director General.
  10. 10)Employees in the Technical Committee's establishment shall be appointed pursuant to the appointment conditions adopted in the Secretariat-General, following a competitive examination held by special committees at the request of the Chairman of the Technical Committee and with the approval of the supervisory authority.
  11. 11)The Chairman and members of the Technical Committee shall be entitled to the benefits of the sickness and maternity insurance branches provided under the Social Security Law subject to the conditions specified therein.
  12. 12)The Chairman of the Technical Committee shall participate in the deliberations of the Board of Directors and the Bureau without having the right to vote; in his absence he shall be represented by one of the two members.
  13. 13)The provisions of paragraphs 13 and 14 of Article 2 of this Law shall apply to the Chairman and members of the Technical Committee.
  14. 14)a- The appropriations allocated to the Technical Committee shall be entered in the Fund's administrative budget.
  15. 15)The Technical Committee shall convene at the call of its Chairman or his substitute.
  16. 16)The expenses of the Technical Committee shall be liquidated and disbursed in accordance with the procedures prescribed in the Fund's financial regulations.
  17. 17)The Technical Committee shall:
  18. 18)Audit the Fund's accounts pursuant to annual, extraordinary, or special programmes. The Committee shall prepare its annual programme before the end of a designated month each year and shall prepare extraordinary programmes whenever the need arises. As regards special programmes, the Committee's recommendations shall be addressed to the Minister of Labour, the Chairman of the Board of Directors, the Director General, and the Chairman of the Technical Committee.
  19. 19)Submit proposals for improving working methods and simplifying procedures.
  20. 20)Conduct, within its mandate, studies assigned to it by the supervisory authority, the Board of Directors, or the Fund's Director General.
  21. 21)Prepare the following general and specific reports:
  22. 22)- An annual report covering the audit work of the previous year, to be submitted to the Minister of Labour, the President of the Court of Audit, the Chairman of the Board of Directors, and the Director General by the end of May each year at the latest.
  23. 23)- An annual report on draft final accounts of the administrative budget and supplementary budgets, in accordance with the Fund's financial regulations.
  24. 24)- Special reports on working methods, the progress of procedures, and any matter assigned to the Technical Committee.
  25. 25)The Technical Committee shall have the right to contact directly all Fund departments and employees, and to obtain the documents and records it needs to carry out its work, provided it keeps the Fund's Director General informed.

1. Paragraph (a) was omitted in the text published in the Official Gazette for this Article.

2. The decree appointing the Chairman and two members of the Technical Committee has not yet been issued.

Amended 1978
ARTICLE 5

Appointment and Dismissal of the Director General

  1. 1)A Director General shall be appointed at the head of the Fund's Secretariat-General by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors; the Director General may similarly be dismissed or retired by the same procedure.
  2. 2)The Director General must hold a recognised university degree and have qualifications in social, administrative, or financial affairs together with practical experience in banking and insurance management. The Director General may not be a member of the Board of Directors or of the Technical Committee.
  3. 3)The Director General is responsible for implementing the decisions of the Board and Bureau and managing the Fund's Secretariat-General; he shall refer to the Board of Directors all documents and proposals necessary for decisions to be taken by the Board. The Director General shall attend meetings of the Board or delegate Directors to represent him thereat. He may also attend sessions of the Technical Committee or designate a representative to attend (1). The provisions of paragraph 12 of Article 2 of this Law shall apply to the Director General and the staff of the Fund's Secretariat-General.
  4. 4)The provisions of paragraph 12 of Article 2 of this Law shall apply to the Director General and the staff of the Fund's Secretariat-General (1).
  5. 5)a- The Director General may be dismissed for any of the following reasons:
  6. 6)- Commission of a felony or misdemeanour.
  7. 7)- Commission of a serious error in the exercise of his duties.
  8. 8)- Incompetence or gross negligence in the exercise of his duties.
  9. 9)The Chairman of the Board of Directors shall refer the dismissal file to the supervisory authority accompanied by the following documents:
  10. 10)- Minutes of the Board of Directors meeting relating to the dismissal.
  11. 11)- Written approval of the Government Commissioner.
  12. 12)- Reasoned opinion of the Technical Committee.
  13. 13)The supervisory authority shall refer the dismissal file together with its endorsement to the Council of Ministers.
  14. 14)In the case of resignation, the request shall be submitted to the Board of Directors, which shall refer it with its endorsement to the supervisory authority, which in turn shall refer it to the Council of Ministers.

1. Paragraph 12 of Article 2 before its amendment dealt with the liability of Board members and became paragraph 13 after the amendment.

ARTICLE 6

Composition of the Fund's Establishment: Technical and Administrative Staff

  1. 1)a- The Fund's establishment shall consist of technical and administrative staff.
  2. 2)All Fund employees up to and including grade six shall be appointed following competitive examination. Employees in grade seven shall be appointed following an examination; the terms of the competitive examination and examination shall be determined by special committees established by a decision of the Board of Directors upon the proposal of the Director General.
  3. 3)Grade-one employees shall be appointed by decision of the Board of Directors; employees in grades two and three shall be appointed by decision of the Bureau; the Director General shall appoint employees in other grades.
  4. 4)Locally trained employees shall have the right to choose the position to which they are promoted from among vacant positions, subject to conditions defined in the internal regulations.
  5. 5)Any Fund employee may be transferred from one department to another with the approval of the heads of both departments concerned.
  6. 6)The Fund may appoint government officials on a temporary secondment basis in accordance with Articles 50 and 51 of Legislative Decree No. 112 dated 12 June 1959, and with the approval of the Ministers concerned. The period of service spent by these officials at the Fund shall be counted as actual service in the State's establishment, provided that their pension deductions are proven to be paid on the basis of the grades they hold in their original post.
  7. 7)The salaries and conditions of service of Fund employees shall be defined in the Fund's staff regulations.
  8. 8)All Fund employees, regardless of category, shall be subject to the provisions of the Labour Law, with the exception of the employees referred to in paragraph 2 of this Article, who shall remain subject to their own regulations.
  9. 9)A medical committee (1) permanently attached to the Fund (2) shall be established by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The powers of this committee shall be defined in the Fund's internal regulations.
Amended 1978
Chapter 2

Phases and Scope of Application of Social Security

ARTICLE 7

Branches of Social Security

Social security shall comprise the following branches:

  1. 1)Sickness and Maternity Insurance.
  2. 2)Occupational Accidents and Occupational Diseases Insurance (3).
  3. 3)Family and Educational Allowances System (4).
  4. 4)End-of-Service Indemnity System.
  5. 5)It shall be implemented in three phases.

1. See Decree No. 7256 dated 8/5/1967 and its amendments, concerning the composition of the Medical Committee attached to the National Social Security Fund.

2. See Article 2 of Decision No. 1/594 dated 7/9/1970 defining the modalities of cooperation between occupational physicians in public services and institutions and the National Social Security Fund.

3. See Article One of Law No. 248 dated 9/8/2000 on establishing an optional health insurance system for elderly Lebanese citizens.

4. By virtue of Article One of Law No. 155 dated 22/7/1992, the designation «Family Compensation System or Branch or Fund» was repealed wherever it appeared in the draft law placed into force by Decree No. 13955 dated 26 September 1963 and its amendments, and replaced by «Family and Educational Allowances System or Branch or Fund».

5. This Law was published in the Official Gazette, supplement to issue No. 78 dated 30/9/1963.

6. Implementation of the branches commenced at intervals determined by Decree No. 14035/1970 (Sickness and Maternity), Decree No. 2957/1965 (Family and Educational Allowances), and Decree No. 1519/1965 (End-of-Service Indemnity). The Occupational Accidents and Diseases branch has not been implemented to date.

ARTICLE 8

Commencement of the Phases of Social Security

The first phase shall begin no later than twenty days after the date of publication of this Law in the Official Gazette (5). The date on which each branch listed in the preceding Article shall commence implementation shall be fixed by a decree (6) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The second phase shall begin no later than two years after the date on which the last branch of the first phase is placed into force. The third phase shall begin no less than two years after the date on which the second phase is placed into force.

ARTICLE 9

Definition of Persons Entitled to Benefits from the National Social Security Fund from the First Phase

First The following persons shall be subject to the provisions of this Law from the first phase, provided they work within Lebanese territory:

  1. 1)With regard to all branches mentioned in Article 7:
  2. 2)Lebanese employees (workers and staff) whether permanent, temporary, apprentices, seasonal, or trainees (1), regardless of the contract under which they work for one or more employers, Lebanese or foreign; regardless of the duration, nature, type, or validity of the contracts binding them to their employer; and regardless of whether remuneration is paid wholly or partly as wages, commissions, a share of profits, or in any other form, whether paid by the employer or by third parties such as gratuities.
  3. 3)Lebanese employees not bound by a specific employment contract working in the maritime, port, contracting, construction, and press sectors, as well as other Lebanese employees not bound by a specific employment contract, regardless of the nature or manner of their earnings.
  4. 4)Members of the teaching staff in higher education institutions referred to in the Law on the Organisation of Higher Private Education dated 26/12/1961 and in the technical institutes referred to in Article 12 of Implementing Decree No. 7880 dated 25/7/1967 (2).
  5. 5)The dates on which each branch of social security shall commence for each of the sectors and categories mentioned in sub-paragraphs (b) and (c) above, and the conditions of coverage for temporary and seasonal employees referred to in sub-paragraph (a), shall be fixed by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  6. 6)Lebanese nationals working for the State, municipalities, any administration, public institution, independent service, or those dealing with foreign agencies (3) (4), regardless of the duration, nature, type, or validity of their appointment or contractual engagement.
  7. 7)Persons mentioned above shall be subject to the End-of-Service Indemnity branch and contributions shall be paid on their behalf from the date of their entry into employment if they are still engaged therein. Persons who entered employment before 1/5/1965 and continued therein may opt to join the End-of-Service Indemnity Fund within one year of the date of publication of this Law in the Official Gazette, in accordance with the procedures and conditions specified in Law No. 27 dated 25/9/1974.
  8. 8)With respect to the Family and Educational Allowances and Sickness and Maternity branches, any allowances actually paid to those persons or any contributions actually paid on their behalf under those two branches shall not have retroactive effect.
  9. 9)Permanent State officials as defined in paragraph 2 of Article One of Legislative Decree No. 112 dated 12/6/1959 are excluded from the provisions of this sub-paragraph.
  10. 10)[Paragraph added by Law No. 82/3 dated 28/1/1982]:
  11. 11)Lebanese nationals working for municipalities are excluded from the effective date of coverage set out in this sub-paragraph and shall be subject to the Sickness and Maternity, Family and Educational Allowances, and End-of-Service Indemnity branches only under the following conditions:
  12. 12)For the Sickness and Maternity and Family and Educational Allowances branches:
  13. 13)Without any retroactive effect, as of 1/4/1982 (5).
  14. 14)For the End-of-Service Indemnity branch:
  15. 15)Effective from the date of contributions actually paid, as of the aforesaid date (1/4/1982), provided that the period already elapsed by that date is taken into account. Municipalities shall settle their prior indemnities in accordance with Article 53 and submit the settlement account to the Fund within four months of the effective date of this Law. These accounts shall remain held in full by the municipalities until a settlement is requested and one of the legally prescribed circumstances arises. Entitlement to the indemnity and payment of the prior period account along with the settlement amount arising from its liquidation, in accordance with legal provisions, shall be effected within one month of the date of the Fund's demand for payment. Municipalities shall not be required to pay any contribution arrears previously paid to the Fund under Law No. 75/16, nor to repay any allowances actually paid under that Law.
  16. 16)[Paragraphs added by Law No. 86/7 dated 11/2/1986]:
  17. 17)- Lebanese nationals working for the National Council for Scientific Research are excluded from the effective date of coverage set out in this sub-paragraph and shall be subject to the Sickness and Maternity, Family and Educational Allowances, and End-of-Service Indemnity branches only under the following conditions (2):
  18. 18)For the Sickness and Maternity and Family and Educational Allowances branches:
  19. 19)Without any retroactive effect, as of 1/1/1986.
  20. 20)For the End-of-Service Indemnity branch:
  21. 21)Effective from the date of contributions actually paid, as of the aforesaid date (1/1/1986), provided the period already elapsed is taken into account. The National Council for Scientific Research shall settle its prior indemnities pursuant to Article 53 and submit the settlement account to the Fund within four months of the effective date of this Law. The rules applicable to municipalities set out above apply mutatis mutandis.
  22. 22)The categories of public-transport drivers and other categories of Lebanese nationals (3) not mentioned (4) in this Article whose mandatory coverage from the first phase appears necessary for some or all social security branches (5), shall be defined by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  23. 23)Permanent State officials as defined in sub-paragraph (d) of clause 1 above of this section (First), excluding military personnel and members of the Internal Security Forces and General Security.
  24. 24)The Civil Servants Cooperative (1) shall continue to provide the benefits or benefit supplements not supplied by the Social Security Fund to its affiliates, and the State's financial contribution to the Cooperative shall be fixed by a decree adopted in the Council of Ministers.
  25. 25)Members of the teaching staff (2) in all private schools (3), whether in the establishment or outside it.
  26. 26)Lebanese students (4) and students of no defined nationality or under-defined nationalities enrolled in higher education institutions (5) and technical institutes (6).
  27. 27)Foreign students residing in Lebanon, pursuant to bilateral agreements concluded between Lebanon and their countries of origin (7).
  28. 28)The conditions for covering and extending benefits to the categories referred to in clause (3) above shall be fixed by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  29. 29)Physicians admitted to the Fund under the provisions of the Social Security Law and internal regulations, by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors (8).

Second Lebanese employees who are contracted in Lebanon with an enterprise having its principal place of business or a branch therein, and who work abroad, shall not be subject to or benefit from all or some branches of social security if they are subject to and benefit in the country where they work from comparable benefits of at least an equivalent standard to those provided under the Social Security Law; the burden of proof lies with the employer. In all circumstances, the employees mentioned above who commence work in Lebanon and are subsequently transferred abroad, or who return from abroad to work in Lebanon, shall remain subject to the End-of-Service Indemnity branch. In this case, the basis for calculating contributions shall be the basic salary or wage, excluding the allowances paid during or in connection with work abroad.

Third

  1. 1)Foreign employees working on Lebanese territory who are bound to one or more employers, and the employers who employ them, shall be subject to all obligations set out in the Social Security Law under the prescribed conditions, insofar as the Sickness and Maternity Insurance, Family and Educational Allowances, and Occupational Accidents and Diseases Insurance branches are concerned. Employers shall not be subject to obligations relating to the End-of-Service Indemnity branch, and foreign employees shall not be entitled to benefits under that branch.
  2. 2)Foreign employees referred to above shall benefit from the benefits provided under the Social Security Law, provided they hold a valid work permit under the applicable laws and regulations, and provided the State of which they are nationals grants Lebanese nationals equality of treatment with its own nationals in respect of social security.
  3. 3)The countries that reciprocate Lebanon's treatment in respect of social security, and the conditions under which their nationals may benefit, whether for all or some branches, shall be determined by decisions issued by the Board of Directors after consulting the Ministry of Foreign Affairs.
  4. 4)Family members of a foreign insured person who do not permanently reside on the territory of the Lebanese Republic shall not benefit from the social security system, with the exception of end-of-service indemnity.
  5. 5)The provisions of this section (Third) shall not apply to the employees referred to in sub-paragraph (b) of clause (1) of section (First) of this Article, such that only Lebanese employees shall be subject to and benefit from the provisions of that sub-paragraph.

[Paragraph added by Law No. 128 dated 24/8/2010]: - Palestinian refugees who work and reside in Lebanon and are registered with the Ministry of Political and Refugee Affairs – Ministry of Interior and Municipalities – shall be subject solely to the provisions of the Labour Law with respect to End-of-Service Indemnity and Occupational Accidents. - Employer beneficiaries among Palestinian refugee workers are exempted from the reciprocity requirement (1) set out in the Labour Law and Social Security Law, and shall benefit from End-of-Service Indemnity under the same conditions as a Lebanese worker. The administration of the National Social Security Fund shall maintain a separate, independent account for the contributions due from Palestinian refugee workers, and neither the Treasury nor the National Social Security Fund shall bear any obligation or financial commitment vis-à-vis that account. Persons covered by this Law shall not benefit from the Sickness and Maternity Insurance or Family Allowances funds.

Fourth Foreign employees working in Lebanon under contracts concluded abroad with foreign enterprises shall not be subject to the Social Security Law if they are entitled in the country to which they belong, the country in which the contract was concluded, or the country of which they are nationals, to social benefits that are, taken as a whole, at least equivalent to those provided under Lebanese social security.

Fifth

  1. 1)Journalists as defined in Articles 10 and 11 of the Press Law dated 14 September 1962 shall be subject to all branches of social security, and all provisions of Law No. 56/1965 relating thereto are hereby repealed.
  2. 2)With respect to these journalists and insofar as the End-of-Service Indemnity branch is concerned, the following provisions apply: The employer is required to draw up for each journalist in his employ a statement of the indemnity accrued in respect of the period of continuous service completed from the date of employment to the date of entry into force of this Law (3).
  3. 3)This statement shall be calculated pursuant to the Labour Law. The employer shall deposit the statement with the Fund within one month of the date of entry into force of this Law and shall send a copy to the journalist. If the employer fails to draw up the statement within that month, the National Social Security Fund may draw it up automatically based on available information and the journalist's declaration. The statement as drawn up by the Fund shall be served on the employer by legal means and shall become final one month after the date of service if no objection is raised pursuant to Article 53 of the Social Security Law.
  4. 4)The End-of-Service Indemnity recorded in the statement referred to in the preceding clause shall be due and payable from the date of entry into force of this Law, and the schedule for payment of amounts due from the employer shall be determined in accordance with the Fund's internal regulations.

Sixth 1- For purposes of this section, the term «retiree» means a person whose service ended due to reaching the statutory retirement age, and a person whose service ended due to disability. Insured persons covered by the Sickness and Maternity Insurance branch of the National Social Security Fund whose mandatory affiliation has ended or ends due to retirement, and who benefit from benefits under that branch (medical care for sickness and maternity), shall be entitled to those benefits subject to the same conditions and obligations applicable to employed insured persons.

  1. 1)The provisions of clause (1) above shall cover insured persons belonging to the following categories:
  2. 2)Employees in the private sector referred to in sub-paragraph (a) of clause (1) of section (First) and section (Third) of Article (9) of the Social Security Law.
  3. 3)Lebanese nationals working for the State or any administration, public institution, or independent service referred to in sub-paragraph (d) of clause (1) of section (First) of Article (9) mentioned above.
  4. 4)Permanent employees working in the Arzé institution subject to Law No. 74/8 and its implementing decrees.
  5. 5)Any other category to be defined by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors of the National Social Security Fund.
  6. 6)[Category added by Decree No. 2122 dated 29/12/2017]:
  7. 7)- Members of the teaching staff in private schools and institutes whose mandatory affiliation to the Sickness and Maternity Insurance branch of the National Social Security Fund has ended or ends due to retirement (ages 60–64 inclusive) and who still benefit from its benefits.
  8. 8)The following conditions are required for eligibility:
  9. 9)The insured person must have reached the statutory retirement age (60–64 inclusive) and relinquished paid employment, or must have sustained a permanent and irreversible disability reducing his earning capacity by at least two-thirds. The disability must be medically certified.
  10. 10)The person must not be covered by another health insurance system.
  11. 11)The person must have an actual period of affiliation to the Sickness and Maternity Insurance branch of at least twenty years.
  12. 12)The beneficiary must be resident on Lebanese territory.
  13. 13)4-
  14. 14)The retiree's family members within the meaning of Article 14 of the Social Security Law who are dependent upon the retiree on the date of retirement or disability shall also benefit.
  15. 15)In the event of the death of the retiree, or the death of the insured person before retirement after completing at least twenty years of actual affiliation, the right to benefit shall pass exclusively to:
  16. 16)- The spouse, provided:
  17. 17)• The spouse has not remarried.
  18. 18)• The spouse is not personally covered by another health insurance system.
  19. 19)• The spouse is not engaged in paid employment.
  20. 20)• The spouse is not registered in the Commercial Register.
  21. 21)- Children who have not yet reached eighteen years of age; if the children are permanently disabled with a disability card and are unable to provide for themselves due to the disability, they shall benefit from the allowances without age limit.
  22. 22)The contributions required to cover the benefits shall be borne by:
  23. 23)The employees who are subject to this system in their original employment capacity and the State; the contribution rate is fixed at three percent (3%) of the assessable earnings, distributed equally.
  24. 24)Retirees; the contribution rate shall be fixed at the ordinary official rate calculated on income deducted equally against the official minimum wage.
  25. 25)The State's contribution referred to in Article 73 of the Social Security Law shall apply to retirees' benefits.
  26. 26)In the case referred to in sub-paragraph (b) of clause (4), contributions shall be payable by the surviving spouse or the second child or the guardians or curators of non-second children, according to the composition of the beneficiary group.
  27. 27)Contribution rates and assessable income shall be adjusted when necessary by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  28. 28)This system shall have separate accounting within the Sickness and Maternity Insurance Fund; the Fund shall conduct an actuarial study every three years to maintain the financial balance of this system.
  29. 29)The details of application of this Law shall be determined when necessary by decisions issued by the Board of Directors and approved by the supervisory authority.

1. The employee subject to the Social Security Law is the employee within the meaning of Article 624 of the Code of Obligations and Contracts dated 9/3/1932.

2. The decrees concerning the conditions and dates for subjecting members of the teaching staff in higher education institutions have not yet been issued. Similarly, no decrees have been issued regarding the technical institutes referred to in Article 12 of Decree No. 7880 dated 25/7/1967 on the organisation of vocational and technical education.

3. This paragraph appeared in the text published in the Official Gazette incomplete; the phrase should read: «including the compatibility of the meaning».

4. Regarding the subjection of contractors working for the State, municipalities, administrations, public institutions, independent services, and those dealing with foreign agencies to the Social Security Law, see Article 22 of Law No. 81/14 dated 15/7/1981 (Budget Law 1981).

5. See Law No. 10 dated 18/12/1984 amending the effective date for subjecting Lebanese nationals working for municipalities to the Social Security Law; no decree fixing the new effective date has yet been issued.

Amended 1969Amended 1972Amended 1975Amended 1982Amended 1986Amended 2010Amended 2017Amended 2017
ARTICLE 10

Definition of Persons Entitled to Benefits from the National Social Security Fund in the Second Phase

During the second phase, the provisions of this Law shall apply to all Lebanese employees — workers and staff, trainees and apprentices — working on Lebanese territory in an agricultural enterprise for one or more employers, Lebanese or foreign (1). If those employees are foreign nationals, they shall be subject to the provisions of this Law only under the conditions set out in paragraph 4 of the preceding Article (2) concerning the application and fixing of the date for implementing all social security branches for permanent agricultural workers.

1. See: Law No. 8 dated 25/3/1974 on entitling agricultural workers to social security benefits; and Decree No. 7757 dated 7/5/1974 on implementing and fixing the date for applying all social security branches to permanent agricultural workers.

2. The conditions referred to in paragraph 4 have been superseded, after the amendment of Article 9, by the conditions set out under section Third of that same Article.

ARTICLE 11

Establishment of Special Sections for Voluntary Insured Persons

A special section for voluntary insured persons shall be established within each of the first three branches referred to in Article 7 above. Each section shall have independent accounting and must achieve financial balance. The following persons may join any section from the first phase:

  1. 1)Persons who perform work or render services for the account of their spouses, ascendants, or direct descendants, at the request of their employer.
  2. 2)Persons who were previously affiliated to the Sickness and Maternity, Occupational Accidents, and End-of-Service Indemnity branches but no longer fulfil the conditions for affiliation, provided they are resident on Lebanese territory and submit their application within three months of the date on which their mandatory affiliation ended.
  3. 3)The following persons may join any section from the second phase:
  4. 4)Employers and agricultural workers belonging to any of the categories referred to in paragraphs (a) and (b) of this Article.
  5. 5)Self-employed persons and non-agricultural independent workers, unless the Council of Ministers, upon the proposal of the Minister of Labour and following deliberation by the Board of Directors, accepts their affiliation to the Fund from the first phase.
ARTICLE 12

Conditions for Application of the Third Phase

In the third phase, a special law shall define the conditions for applying the social security system or some of its branches on a compulsory basis to persons who have not yet been subject to its provisions in the first and second phases (non-wage workers, self-employed, employers, etc.).

ARTICLE 84

Jurisdiction in Case of a Dispute concerning Illness, Capacity for Work, Date of Recovery, or Related Matters

In the event of a dispute concerning the illness, capacity for work, state of health, date of recovery, or partial recovery resulting from an occupational accident or occupational disease, the dispute shall be examined jointly by the treating physician and the Fund's supervising physician. If they disagree, the Fund's Director General shall appoint a committee of three experts drawn from a list of specialist experts established by the Fund's Board of Directors and confirmed by a decree adopted in the Council of Ministers; their decision shall be final and not subject to any form of review.

Amended 1977
ARTICLE 85

Labour Courts

All other disputes and controversies arising from the application of this Law, whether between insured persons and employers, or between the Fund and employers or insured persons, shall fall within the jurisdiction of the labour courts.

ARTICLE 86

Compulsory Enforcement through Enforcement Departments

The compulsory enforcement of decisions issued by the said courts shall be effected through the competent enforcement departments, in accordance with the provisions of the Code of Civil Procedure (1).

1. For further details on the procedure for enforcing court decisions, see Article 827 et seq. of the Code of Civil Procedure issued by Legislative Decree No. 90 dated 16/9/1983.

ARTICLE 87

Publication in the Official Gazette

This Law shall be published in the Official Gazette.

Article 2 This Decree shall be published in the Official Gazette.

Issued on 26 September 1963. Signed: Fouad Chehab.

This Decree was published in Official Gazette No. 78 dated 30/9/1963.

Book 2

Benefits

Chapter 1

Sickness and Maternity Insurance

Section 1General Provisions
ARTICLE 13

Establishment of the Sickness and Maternity Insurance Fund

  1. 1)A Sickness and Maternity Insurance Fund (1) is hereby established; its organisation shall be defined in this Part and its resources in Chapter Three, Part One, Book Three of this Law.
  2. 2)The contingencies covered by the insurance are:
  3. 3)Any sickness not resulting from an occupational accident or not recognised as an occupational disease.
  4. 4)Maternity (pregnancy, childbirth, and their sequelae).
  5. 5)Temporary incapacity for work resulting from sickness or maternity which causes an interruption in the insured person's earnings.
  6. 6)Death not resulting from an occupational accident or occupational disease.

1. See Decree No. 14035 dated 16/3/1970 fixing the date for commencing implementation of the Sickness and Maternity Insurance branch.

ARTICLE 14

Definition of Insured Persons

1- The insurance shall cover insured persons and their family members. For purposes of this Article, the term «insured person» shall refer to an insured male or an insured female without any distinction.

  1. 1)The following persons shall be considered members of the insured person's family, provided they live under the same roof and at his expense:
  2. 2)The father and mother who have attained the age of sixty years or who are unable to provide for themselves due to a physical or mental disability.
  3. 3)The insured person's lawful wife; in the event of polygamy, the first wife only (2).
  4. 4)The insured female's husband who has attained the age of sixty years or who is unable to provide for himself due to a physical or mental disability.
  5. 5)The insured person's legitimate (1) and adopted children up to eighteen years of age; if the children are unable to provide for themselves because they devote their full time to their studies, they shall benefit from the insurance up to twenty-five years of age (2).

1. The legislator has excluded illegitimate children in all forms from coverage under the Social Security Law; thus, children born of adultery, fornication, or out-of-wedlock relationships are not subject to the Sickness and Maternity Insurance branch.

2. Regarding the situation of disabled children, see paragraphs (b) and (c) of Article 80 of Law No. 220 dated 29/5/2000, which amended paragraph (d) of Article 14 of this Law.

Amended 2002Amended 2000Amended 2000Amended 2002
ARTICLE 15

Definition of Benefits of the Sickness and Maternity Insurance Fund

  1. 1)The benefits of the Sickness and Maternity Insurance shall comprise:
  2. 2)Preventive and curative medical care.
  3. 3)In the case of maternity, antenatal examinations and care, and postnatal care during and after childbirth.
  4. 4)In the case of temporary incapacity for work resulting from sickness or maternity, sickness or maternity compensation (3).
  5. 5)In the case of death, funeral expense compensation.
  6. 6)Sickness and Maternity Insurance benefits shall not be due to an insured person if, in the same situation, that person is entitled to Occupational Accidents and Diseases Insurance benefits.
  7. 7)The benefits necessary in cases of pathological pregnancy or morbid conditions resulting from childbirth shall be treated as sickness benefits from the date on which the morbid condition is established by a medical auditor appointed by the Fund.

3. The provisions on sickness and maternity compensation have not been implemented to date; implementation of the Sickness and Maternity Insurance branch has been limited to medical care benefits and funeral expense compensation.

ARTICLE 16

Entitlement to Sickness Benefits

1- Sickness and Maternity benefits shall not be due unless the insured person has been affiliated to the insurance for at least three consecutive months during the six months preceding the date of medical certification or the date of death. For this purpose, a month of insurance means a month during which the employee was continuously subject to the insurance and in respect of which contributions were paid or were required to be paid by the employer. If the employee was not continuously subject to insurance, a period equivalent to twenty-five days or four weeks in respect of which contributions were paid or required shall be deemed a month of insurance. Periods during which the employee's incapacity for work due to sickness, maternity, or occupational accident is established shall likewise be counted as insurance periods.

  1. 1)In addition to the foregoing, in order for an insured female to benefit from maternity compensation, she must have been affiliated to the insurance for at least ten months before the presumed date of delivery.
  2. 2)The provisions of paragraph 1 of this Article shall not apply if the sickness or death resulted from an occupational accident, provided the insured person was registered before the date the accident occurred.
  3. 3)An insured person who no longer satisfies the conditions required for coverage under sickness insurance shall be entitled to sickness benefits not only for illnesses that appeared before the end of his coverage, but also for illnesses appearing during the three months following the said date; likewise, an insured female shall be entitled to maternity benefits if the presumed date of delivery falls within the three months following the end of her coverage.
  4. 4)To enable the insured person to establish his entitlement to benefits, the employer is required to provide each of his employees registered with the Fund with an earnings statement (1) in the form prescribed or accepted by the Fund.

1. By virtue of Article 7 of Law No. 248 dated 9/8/2000, the statement referred to in paragraph (e) of Article 16 shall be replaced by a certificate issued by the section's accountant attesting the voluntary insured person's contribution in accordance with the internal regulations.

Amended 1972Amended 2001
ARTICLE 28

Establishment of a Fund for Occupational Accidents and Occupational Diseases Insurance

A Fund for Occupational Accidents and Occupational Diseases Insurance (1) is hereby established; its organisation shall be defined in this Part and its resources in Chapter Three, Part One, Book Three of this Law: For the purposes of this Law, an occupational accident means:

  1. 1)An accident befalling the insured person in the course of or in connection with the performance of his work.
  2. 2)An accident befalling the insured person during his journey from home to the workplace or back, provided the journey is uninterrupted and deviates from the normal route for no reason connected with his work.
  3. 3)An accident befalling the insured person in the course of or in connection with rescue operations taking place at the institution where he works.
  4. 4)An accident befalling the insured person outside Lebanese territory in the course of or in connection with the performance of his work.
  5. 5)The date of commencement of this branch and the conditions for its application shall be fixed by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors of the Fund.

1. The Occupational Accidents and Diseases Insurance branch has not been implemented to date. The provisions of Legislative Decree No. 136 dated 16/9/1983 are applicable with respect to occupational accidents; occupational diseases are governed by the Code of Obligations and Contracts.

2. No decree has yet been issued fixing the date for implementation of sub-paragraph (d).

Amended 1977
ARTICLE 29

Application to Occupational Diseases

  1. 1)The provisions of this Law relating to occupational accidents shall apply to occupational diseases. The date of the first medical examination of the patient shall be deemed the date of the accident, without prejudice to the right of audit by the Fund's medical audit service.
  2. 2)A list of pathological conditions recognised as occupational diseases in respect of workers habitually exposed to noxious agents or to special conditions arising from the nature of their work shall be established by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The list may include certain types of work that give rise to such diseases.
  3. 3)Occupational diseases that do not manifest themselves until after the date on which the worker's exposure to the noxious agents ceased shall not be borne by the Fund unless they arise within the period specified in the said list. The list may be reviewed or supplemented by decrees adopted in the same manner.

3. No decree has yet been issued establishing the list of pathological conditions recognised as occupational diseases.

Amended 1977
ARTICLE 30

Risks Covered by this Branch

The Occupational Accidents and Diseases Insurance branch shall cover the following risks when they result from an occupational accident or occupational disease:

  1. 1)Any morbid condition of the insured person.
  2. 2)Temporary incapacity for work resulting in an interruption of earnings.
  3. 3)Permanent total or partial disability of the insured person.
  4. 4)Death of the insured person.
ARTICLE 31

Persons Entitled to Benefits from the Occupational Accidents and Diseases Branch in the Event of the Insured Person's Death

  1. 1)The persons entitled to the benefits of the preceding Article are the insured persons themselves and, in the event of an insured person's death, the surviving entitled beneficiaries.
  2. 2)The entitled beneficiaries following the death of an insured person are:
  3. 3)The persons specified in paragraph 2 of Article 14 of this Law.
  4. 4)The insured person's father and mother and his minor siblings, if they were dependent upon him at the time of his death.
ARTICLE 32

Benefits of Occupational Accidents and Diseases Insurance

The benefits of the Occupational Accidents and Diseases Insurance shall comprise:

  1. 1)Medical care.
  2. 2)Compensation for temporary incapacity for work.
  3. 3)A disability pension or a lump-sum compensation in the event of permanent total or partial disability.
  4. 4)A survivors' pension as defined in Article 39 of this Law, and funeral expense compensation in the event of the insured person's death.
Amended 1977
ARTICLE 64

Financial Independence of Each Branch and Establishment of a Financial Committee for Investment of Fund Assets

  1. 1)Each branch of social security listed in Article 7 of this Law shall enjoy financial independence and shall meet its obligations from its own resources. The Fund's revenues and assets may only be used for the purposes specified in this Law.
  2. 2)A Financial Committee (2) shall be established by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and the Minister of Finance and following deliberation by the Fund's Board of Directors. It shall be entrusted with investing the Fund's assets for short, medium, and long terms. Its composition and powers shall be defined in the decree, and it shall operate under the authority of the Fund's Board of Directors, which bears responsibility for investment policy.
  3. 3)The Committee's primary functions are:
  4. 4)To ensure that the Fund's capital earns at least the minimum return specified in the internal regulations.
  5. 5)To determine the social investments that may be carried out each year without undermining the Fund's financial balance.
  6. 6)Medium- or long-term investments may only cover:
  7. 7)Government bonds.
  8. 8)Loans granted to public institutions and bodies guaranteed by the State.
  9. 9)Immovable property.
  10. 10)Loans granted directly by the Fund for the purpose of providing housing for the insured categories of all or any branches of social security and for public sector employees other than military personnel and members of the Internal Security Forces and General Security, subject to special regulations and conditions established for this purpose.
  11. 11)Pursuant to applicable legal provisions, the Fund may attach all end-of-service, severance, or retirement benefits and pension payments that have accrued or will accrue in favour of an employee or official benefiting from a loan granted for the purpose described above. Upon settlement of such benefits or pensions, only the amounts exceeding the value of outstanding instalments at the date of settlement shall be paid to the entitled parties; the balance shall remain attached in favour of the Fund until the loan is fully repaid with interest.
  12. 12)Any dispute arising between the Fund's Board of Directors and the Financial Committee shall be submitted to the arbitration of the Minister of Labour.

2. See Decree No. 12180 dated 24/3/1969 establishing a Financial Committee at the National Social Security Fund.

Amended 1973
ARTICLE 65

Financing of Social Security Branches and Clearance of Liabilities

First: Financing of the social security branches referred to in Article 7 of this Law, pursuant to the provisions of Articles 71 to 76 below.

Second:

  1. 1)Every employer, whether a natural person or a legal entity under private law, is required to obtain from the Fund a clearance certificate proving that it has paid contributions and fulfilled all financial obligations arising from the implementation of this Law, in the cases specified in this Article and subsequent Articles of this Law. The receipt issued by the Fund shall constitute the required clearance certificate and shall be valid for a period of six months from its date (1). Where appropriate, the validity of the clearance certificate may be extended by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour.
  2. 2)The clearance certificate referred to in clause 1 of this section must be presented where the transaction is in the interest of the enterprise and not in the personal interest of individuals, in the following cases:
  3. 3)- Transactions in the Commercial Register and in the special register attached thereto as referred to in Legislative Decree No. 11 dated 11/7/1967 and its amendments.
  4. 4)- Registration transactions in the Chambers of Commerce and Industry as referred to in Legislative Decree No. 36 dated 5/8/1967 (2) and its amendments, as well as in the cases specified in paragraphs 3, 8, and 9 of Article 8 of that Legislative Decree.
  5. 5)- Real estate transactions for the dissolution and liquidation of commercial establishments and commercial companies owned by employers, before the Land Registry or any other official authority.
  6. 6)- Import, export, and re-export licence transactions and customs transactions of all kinds relating to commercial establishments and commercial companies.
  7. 7)- Participation in public and restricted tenders, calls for bids, and negotiated contracts with all State administrations, independent services, municipalities, and other public institutions.
  8. 8)- Banking credit, commercial, industrial, agricultural, and tourism loan transactions conducted by public-sector institutions.
  9. 9)- Assistance transactions granted or provided by public administrations and other public-sector institutions to associations, syndicates, federations, and other professional organisations.
  10. 10)- Transactions for the registration of private educational institutions of all types, or amendments thereto, with the Ministry of National Education and Fine Arts, as well as transactions for the payment of grants to free private schools.

1. The validity period of the clearance certificate referred to in Article 65 was extended from three months to six months by Decree No. 5489 dated 4/8/1994.

2. The original text of Law No. 82/24 amending Article 65 erroneously stated that Legislative Decree No. 36 was dated 5/8/1968; it was in fact issued on 5/8/1967.

Amended 1982Amended 1997
ARTICLE 66

Establishment of a Reserve Fund for Each Branch

  1. 1)A permanent reserve fund shall be established for each branch of social security referred to in sub-paragraphs (a), (b), and (c) of Article 7 of this Law, with a minimum level at the end of each financial year of:
  2. 2)One-sixth, for Sickness and Maternity Insurance and the Family and Educational Allowances system.
  3. 3)One-third of the expenditure recorded during the three years preceding the financial year under review, for Occupational Accidents and Diseases Insurance.
  4. 4)The minimum level referred to above must be reached for each branch at the latest by the end of the fourth financial year following the date the branch is placed into force.
  5. 5)If the receipts of any branch referred to in the preceding paragraph, other than the Sickness and Maternity Insurance branch, exceed its expenditure during a single financial year, the difference shall be automatically deducted from its reserve fund. If it appears at the end of the same financial year that the reserve fund has not reached the minimum level, the Council of Ministers, upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, shall decide to raise the contribution rate as of 1 July of the year following the financial year showing a deficit, so that contributions are sufficient to restore financial balance and bring the reserve fund to the required minimum level within a maximum period of three years. If the receipts of the Sickness and Maternity Insurance branch exceed expenditure, the contribution rate shall be raised within the same framework at the following rates:
  6. 6)40% State.
  7. 7)40% employers.
  8. 8)20% employees.
  9. 9)During a financial year, the State may grant advances to the Fund to achieve balance in its budget, subject to conditions and repayment terms fixed by a decree adopted in the Council of Ministers.
  10. 10)In the event of a national disaster causing a severe deficit in the Fund, the State may grant the Fund exceptional assistance fixed on the basis of restoring financial balance without increasing contributions.
Amended 1972
ARTICLE 67

Exemption of the Fund from All Taxes and Fees

  1. 1)The Fund shall be exempt from paying all taxes and fees, including stamp duties, court fees, registration fees, and taxes on transactions that the Fund may enter into. Correspondence addressed to and issued by the Fund shall benefit from postal exemption.
  2. 2)Pharmaceutical preparations, prosthetic appliances, spectacles, and other medical or surgical tools imported for the account of the Fund may be exempt from customs duties. The terms of this exemption shall be determined by the Supreme Customs Council and the Minister of Finance.
  3. 3)Insured persons benefiting from social security services shall be exempt from all taxes and fees on amounts received and on all transactions and disputes arising from the application of this Law, in particular applications for benefits submitted by insured persons.
Section 2Medical Care
ARTICLE 17

Persons Entitled to Medical Care and its Definition in Cases of Sickness and Maternity

  1. 1)Every person subject for this purpose to Sickness and Maternity Insurance, and every person who has or may have the right to sickness or maternity compensation, as well as his family members referred to in paragraph 2 of Article 14 of this Law, shall be entitled to medical care.
  2. 2)Medical care shall comprise at minimum:
  3. 3)In case of sickness:
  4. 4)First – Medical examinations: radiography, laboratory tests and analyses.
  5. 5)Second – General medical consultations, including home visits when necessary, and specialist consultations, within the conditions specified in the Fund's internal regulations.
  6. 6)Third – Dental care, after the issuance of a special decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, defining the benefits covered and the methods of their provision (1).
  7. 7)Fourth – Medicines and pharmaceutical preparations that are necessary, provided they appear on the schedule approved by the Fund and are prescribed by a physician or, where appropriate, a dental surgeon.
  8. 8)Fifth – Hospitalisation (accommodation, meals, medical treatment, and surgical operations) in a hospital or other medical institution belonging to the State or to the Fund or approved by the Fund, when a physician determines that hospitalisation is necessary.
  9. 9)Sixth – Supply of prosthetic and orthopaedic appliances listed in the schedule drawn up by the Fund, subject to approval of the medical audit.
  10. 10)In case of maternity:
  11. 11)First – Antenatal and postnatal examinations and care provided by a physician or a legally recognised midwife.
  12. 12)Second – Medicines and pharmaceutical preparations that are necessary, provided they appear on the schedule approved by the Fund and are prescribed by a physician or a qualified midwife.
  13. 13)Third – Hospitalisation (accommodation, meals, medical treatment, and surgical operations) in a hospital, maternity home, or other medical institution belonging to the State or to the Fund or approved by the Fund, when a physician or qualified midwife determines that such hospitalisation is necessary.
  14. 14)- In the event that the permanent reserve fund exceeds the minimum referred to in Article 66 of this Law, the Board of Directors may, after approval of the Council of Ministers, propose a reduction in contributions or an increase in benefits.

1. Decree No. 5104 dated 24/3/2001 was issued authorising the National Social Security Fund to provide dental care and fixing the terms of its provision.

Amended 1972
ARTICLE 18

Objective of Medical Care

  1. 1)Medical care must aim to protect the health of insured persons and to cure them in case of sickness and restore their capacity for work.
  2. 2)Physicians are required in their prescriptions to seek the best balance between maximum economy and effective treatment.
  3. 3)In order to monitor the health of insured persons, the Fund may, in accordance with the methods determined by the Board of Directors, require them to undergo a medical examination by a physician chosen by the Fund, and when appropriate in cooperation with the physician of the institution in which the insured person is employed (2).
  4. 4)The Fund's internal regulations shall specify the number and type of antenatal and postnatal examinations to which women benefiting from insurance must submit, as well as the conditions under which these examinations are to be conducted.
  5. 5)The organisation and operation of the medical audit service shall be defined by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The Board of Directors shall also define in the internal regulations the manner of providing medical care and the rules to be observed for this purpose by insured persons, physicians, dental surgeons, midwives, and medical and pharmaceutical institutions.

2. See Decree No. 4568 dated 30/6/1960 on appointing a physician in each public service and institution subject to labour laws to monitor the health of employees. And Decision No. 594 dated 7/9/1970 defining the modalities of cooperation between occupational physicians in public services and institutions and the National Social Security Fund.

3. See Decree No. 9084 dated 6/1/1968 on organising and operating the medical audit service at the National Social Security Fund.

Amended 1972
ARTICLE 19

Duration of Medical Care

  1. 1)Medical care (1) shall be provided for each episode of illness for a maximum period of 26 weeks.
  2. 2)At the end of the 26-week period, if the Fund's supervising physician considers that the illness can be cured during a new treatment period not exceeding 13 weeks, the Fund shall decide to continue the benefits until the end of this second period.
  3. 3)In cases of illness which the Board of Directors considers to require medical treatment for a cumulative period exceeding 39 weeks, the Board may fix the maximum duration of treatment at one year. At the end of this period, the Fund shall notify the public welfare institutions of the case concerned.
  4. 4)In cases of chronic or intractable illness that does not require continuous absence from work, a special scheme shall define the conditions for providing care and medicines after the expiry of the period specified in paragraph 3 of this Article.

1. Disabled persons were excluded from the provisions of Article 19 by virtue of Article 79 of Law No. 220 dated 29/5/2000.

Amended 1972
ARTICLE 20

Determination of the Insured Persons' Share of Medical Care Costs

  1. 1)The Council of Ministers shall, by a decree adopted upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, fix the share (2) of insured persons in the cost of medical care provided in the event of sickness and maternity pursuant to Article 17, paragraph 2 of this Law.
  2. 2)Notwithstanding the foregoing, in the event of the insured person's temporary incapacity for work, the insured person shall be exempt from co-payment for medical care as of the sixth week of incapacity.

2. See Decree No. 3685 dated 22/6/1993 fixing the co-payment rate for medical care and hospitalisation. And Decree No. 1786 dated 14/2/1979 exempting insured persons from their co-payment for haemodialysis using artificial kidneys.

ARTICLE 21

Method of Providing Medical Care

  1. 1)Medical care shall be provided through physicians, dental surgeons, legally recognised or approved midwives, hospitals, clinics, and other medical and pharmaceutical institutions approved by the Fund. Physicians, dental surgeons, and legally recognised midwives who practise their profession in accordance with professional regulations, as well as legally licensed hospitals and other medical or pharmaceutical institutions, shall be automatically approved subject to their acceptance of the Fund's regulations. Their fees shall be paid in accordance with the rules established by the Fund regarding medical care, after consultation with the relevant professional organisations.
  2. 2)However, in urgent and emergency cases, patients who are unable to consult one of the persons or institutions referred to in the preceding paragraph may resort to a person or institution not approved by the Fund (3), subject to the conditions specified in a decree (4) adopted in the Council of Ministers.
  3. 3)The Fund shall periodically publish a list showing, by area, the names of the persons and medical or pharmaceutical institutions approved by the Fund to provide medical care to insured persons. This list shall be drawn up after consultation with professional organisations and medical institutions, and shall be reviewed using the same procedure.

3. See Decree No. 4989 dated 28/2/1973 defining the medical cases in which recourse may be had to services or institutions not approved by the Fund.

4. See Decree No. 9804 dated 28/1/1997 which repealed Decree No. 1384 dated 16/6/1978 fixing the conditions of application of this paragraph with respect to hospitalisation abroad.

Amended 1972
ARTICLE 22

Construction, Establishment, or Operation by the Fund for its Own Account of Dispensaries or Medical or Pharmaceutical Institutions

  1. 1)Within the scope of the investments referred to in Article 3 of this Law, the Fund may construct, establish, or operate for its own account dispensaries and medical or pharmaceutical institutions, subject to compliance with the legal provisions governing the practice of medicine and pharmacy.
  2. 2)The Fund may directly import from abroad the pharmaceutical preparations and medical or surgical materials it requires. With the approval of the Council of Ministers, it may distribute these pharmaceutical preparations, medical materials, and surgical equipment at cost price to public administrations, public institutions, or institutions of public benefit.
  3. 3)The Board of Directors may, by way of negotiated agreement, transfer the provision of medical treatments, wholly or partially, to the employer or to any natural or legal person who possesses, for this purpose, facilities and equipment that the Board considers satisfactory.
Amended 1971Amended 1972
ARTICLE 33

Types of Medical Care

  1. 1)Medical care shall include:
  2. 2)The types of medical care defined in sub-paragraph (a) of paragraph 2 of Article 17 of this Law.
  3. 3)Provision, maintenance, and replacement of prosthetic appliances, provision of spectacles, and other medical or surgical aids not covered in the preceding sub-paragraph, provided the medical audit certifies the necessity of such items in connection with the accident or occupational disease causing the treatment.
  4. 4)The provisions of Articles 21 and 22 shall apply to all types of medical care provided in the event of an occupational accident or occupational disease.
Amended 1977
ARTICLE 68

Calculation of Contributions

  1. 1)The earnings used as the basis for calculating contributions shall comprise all income derived from employment, including all components and supplements, particularly overtime pay paid on a regular basis, amounts usually paid by third parties (gratuities), and benefits in kind provided to the worker.
  2. 2)The maximum assessable earnings shall be LBP 30,000 (thirty thousand) per year, or LBP 2,500 (two thousand five hundred) per month, or LBP 588 (five hundred and eighty-eight) per week (1). This maximum may be adjusted by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  3. 3)The provisions of paragraph 2 above shall not apply to the calculation of end-of-service indemnity. The wage used for that calculation is the one defined in Article 51 of this Law.
  4. 4)Contributions for Lebanese nationals working for municipalities shall be calculated on the basis of the earnings specified in the preceding paragraphs, provided that these earnings are in no case less than the minimum wage applicable in public administrations. If municipalities fail to pay the contributions due from them, their amount shall be automatically and annually deducted from the revenue allocated to the relevant municipalities from the Independent Municipal Fund (1) in the same decree distributing such revenue, and shall be directly remitted by the Ministry of Interior to the National Social Security Fund.

1. See the following texts that amended the maximum assessable earnings for the Sickness and Maternity Insurance branch: Decree No. 3146 dated 11/4/1986; Article One of Decree No. 3561 dated 21/10/1980; Article One of Decree No. 4253 dated 16/10/1987; Article One of Decree No. 3686 dated 22/6/1993, which set the maximum at three times the official minimum wage; Decree No. 5101 dated 24/3/2001; and Decree No. 9602 dated 21/12/2012, which set the maximum at LBP 2,500,000.

Amended 1982
ARTICLE 69

Assessment of the Monetary Value of Benefits in Kind

The monetary value of benefits in kind, in particular food and accommodation, shall be assessed in the Fund's internal regulations, having regard to average local prices.

ARTICLE 70

Determination of Assessable Earnings for Persons Maintaining Voluntary Insurance Coverage

The Fund's internal regulations shall determine the assessable earnings for persons maintaining their insurance on a voluntary basis pursuant to Article 11 of this Law.

Section 3Sickness Compensation
ARTICLE 23

Method of Claiming and Determining Sickness Compensation

  1. 1)An insured person who suffers from an illness causing temporary incapacity for work certified by an approved physician and resulting in the interruption of earnings, shall be entitled to sickness compensation (1) for each day of incapacity, with no distinction between working days and days off, as of the fourth day of incapacity.
  2. 2)The average daily earnings used as the basis for calculating sickness compensation is the amount derived by dividing by 90 the total earnings, as determined in Articles 68 et seq. of this Law, received by the person concerned during the three months preceding the date of illness. Notwithstanding the foregoing, the Council of Ministers may fix a minimum for these earnings by a decree (2) adopted upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, taking into account the minimum wage legislation.
  3. 3)During the first thirty consecutive days of incapacity, sickness compensation equals 50% of the average daily earnings, and 30% if the patient is hospitalised. These rates shall be raised to 75% and 50% respectively as of the thirty-first day of incapacity, provided the Fund's supervising physician confirms the continuation of the incapacity. In no case shall the compensation exceed the maximum assessable earnings ceiling prescribed in Article 68, paragraph 2 of this Law.

1. Implementation of the Sickness and Maternity Insurance branch has been limited to medical care and funeral expense compensation; provisions on sickness and maternity compensation have not been implemented to date, and Articles 40 et seq. of the Labour Law continue to apply until further notice.

2. No decree has yet been issued defining the minimum daily earnings on which sickness compensation is calculated.

ARTICLE 24

Duration of Receipt of Sickness Compensation

  1. 1)Sickness compensation shall be paid for a maximum period of 26 weeks for each episode of temporary incapacity.
  2. 2)When the conditions set out in paragraph 3 of Article 17 of this Law are met, the Board of Directors may extend the maximum period for payment of sickness compensation to 39 weeks at most in the cases referred to in paragraph 2 of Article 19, and to one year at most in the cases referred to in paragraph 3 of the same Article; if incapacity continues beyond the expiry of the last period, the Fund shall notify the public welfare institutions accordingly.
  3. 3)Sickness compensation shall be paid at the end of each week. Exceptions to this rule may be provided for in the Fund's internal regulations.
ARTICLE 25

Cases of Cancellation of Sickness Compensation

  1. 1)Without prejudice to all other rights, the Fund may cancel sickness compensation, and if necessary reclaim compensation paid without entitlement, in the following cases:
  2. 2)Where the person concerned obtained or attempted to obtain, by fraudulent means, benefits to which he was not entitled.
  3. 3)Where the illness resulted from a felony or misdemeanour committed by the person concerned, or from a deliberate act on his part to obtain benefits.
  4. 4)The Fund may suspend payment of compensation or reduce its amount:
  5. 5)Where the person concerned refuses to submit to the medical and administrative monitoring and examinations provided for in the Fund's internal regulations, or fails to comply with medical instructions after being given permission to cease work.
  6. 6)During any stay by the person concerned outside the country, unless the internal regulations provide otherwise.
  7. 7)During any period in which the person concerned is serving a custodial sentence.
ARTICLE 34

Temporary Disability Compensation

  1. 1)An insured person who suffers, as a result of an occupational accident or occupational disease, a temporary incapacity for work certified by a physician approved by the Fund, shall be entitled to temporary disability compensation for loss of wages for each day of absence from work, with no distinction between the institution's working days and its days off, as from the eleventh day from the date of cessation of work. The employer shall be obliged to pay the full wages for the first ten days of incapacity, and shall also bear, in the cases specified by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, according to the types of occupational activities of the institutions, all or part of the difference between the disability compensation as determined in paragraph 2 of this Article and the average daily earnings defined in paragraph 3 thereof, for the periods specified by the same decree.
  2. 2)The amount of the temporary disability compensation equals three-quarters of the average daily earnings, and one-half thereof when the insured person is hospitalised.
  3. 3)The average daily earnings used as the basis for calculating temporary disability compensation is derived by dividing by 360 the total earnings, as determined in Articles 68 et seq. of this Law, received by the person concerned during the twelve months preceding the date of cessation of work. If the insured person had not worked during the preceding twelve months, or if his employment began less than twelve months prior, the earnings used for calculating the average daily earnings shall be those the insured person would have actually received had he worked under the same conditions during the said period.
  4. 4)If the annual earnings used as the basis for calculating the compensation exceed twice the maximum annual ceiling defined in Article 68 of the Social Security Law, they shall be reduced to that amount.
  5. 5)The Council of Ministers may fix a minimum for the daily compensation for temporary disability by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors, taking into account the minimum wage legislation and cost-of-living increases.
  6. 6)Temporary disability compensation shall be paid until the insured person's recovery or until the date of commencement of the permanent disability pension as defined in paragraph 6 of Article 35 below.
  7. 7)The provisions of paragraph 3 of Article 24 and Article 25 of this Law shall apply to occupational accident compensation.
  8. 8)The Fund's internal regulations shall define the procedure for applying the provisions of the foregoing paragraphs.

1. No decree has yet been issued obliging the employer to bear all or part of the difference between the disability compensation and the average daily earnings.

Amended 1977
ARTICLE 71

Fixing of Contribution Rates by Decree

Contribution rates shall be fixed by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors; they shall be expressed as a percentage of assessable earnings, enabling their revenues to cover benefits, administrative expenses, and the permanent reserve fund referred to in Article 66 of this Law. Occupational Accidents and Diseases Insurance contribution rates may be differentiated according to the type of occupational activities.

3. See: Decree No. 2951 dated 20/10/1965 fixing the percentage rate for the End-of-Service Indemnity system contribution; Decree No. 2195 dated 31/1/1992 on contribution rates for the Family and Educational Allowances system for non-government institutions; Decree No. 2181 dated 29/1/1992 on contribution rates for government institutions; Decree No. 3686 dated 22/6/1993 on Sickness and Maternity Insurance contribution rates for non-government institutions; Decree No. 3684 dated 22/6/1993 for government institutions; Law No. 1 dated 5/1/1989 on insurance for public-transport drivers; and Decree No. 3683 dated 22/6/1993 defining the monthly earnings basis for calculating contributions for newspaper vendors, magazine sellers, and public-transport drivers.

Amended 1977
ARTICLE 72

Fixing of a Flat-Rate Contribution Amount by the Board of Directors

The Board of Directors may fix a flat-rate contribution amount payable by the following categories:

  1. 1)Enterprises employing fewer than ten employees.
  2. 2)Trainees and apprentices.
  3. 3)Agricultural workers referred to in Article 9, paragraph 2 of this Law (1), as well as certain categories of agricultural workers referred to in Article 10 of this Law.
  4. 4)Employees whose total income or part thereof consists of gratuities or allowances paid by persons other than employers.
  5. 5)Domestic workers employed in private households.
  6. 6)Daily workers referred to in the internal regulations.
  7. 7)Institutions that have been granted public benefit status by the Government (2).
  8. 8)The contribution payable by associations for persons with disabilities and service institutions shall be fixed at fifteen per cent (15%) of the contribution applicable to institutions not subject to a reduced or flat-rate contribution, for all branches except End-of-Service Indemnity. The application for this exemption shall be submitted on the basis of a certificate issued by the Ministry of Social Affairs in accordance with the applicable procedures. As regards the End-of-Service Indemnity branch, the Board of Directors of the National Social Security Fund shall fix the contribution payable by this category of institutions or associations.

1. Paragraph 2 of Article 9 was radically amended by Law No. 75/16 dated 11/4/1975; agricultural workers are now subject to paragraph 1 of Article 9.

2. See Legislative Decree No. 87 dated 30/6/1977 on institutions of public benefit.

Amended 1977Amended 2000
ARTICLE 73

Allocation of Contributions to Employers and Definition of the Limitation Period

1- Contributions for Occupational Accidents and Diseases Insurance, Family and Educational Allowances, and End-of-Service Indemnity shall all be borne by employers. Where an employee's wage is reduced during employment with the same employer, the employer's contribution shall continue to be calculated on the basis of the higher wage. The employer's obligation to pay contributions to the End-of-Service Indemnity Fund ceases when the compulsorily or voluntarily insured employee reaches sixty years of age, or the insured female reaches fifty-five, at which point they become entitled to receive the end-of-service indemnity (3). If an employee who has not yet reached age 55 or 60 continues in service after receiving end-of-service indemnity, the employer shall pay the annual contribution until the employee reaches that age, after which the account shall be settled at the rate of one month per year of service with no additional compensation.

  1. 1)Sickness and Maternity Insurance contributions shall be borne by the insured persons, their employers, and the State. The State shall bear 25% of the cost of benefits relating to that insurance; the contribution rates borne by employers and employees shall be fixed by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. Contributions relating to trainees and persons who do not receive cash wages exceeding an amount determined by the Board of Directors shall be borne entirely by employers.
  2. 2)Contributions of persons affiliated to voluntary insurance as provided in Article 11 of this Law shall be borne entirely by those persons; however, the State contribution referred to in the preceding paragraph shall apply to voluntary Sickness and Maternity Insurance.
  3. 3)4-
  4. 4)The limitation period for contributions and late-payment surcharges referred to in Articles 71 et seq. of the Social Security Law, and for all other debts owed to the Fund by employers, is five years from the date of the declaration relating to the insured person in respect of whom the debt is owed, subject to a maximum of ten years from the date of entitlement.
  5. 5)The limitation period shall be suspended and interrupted for the reasons set out in the Code of Obligations and Contracts (1), and by the formal notice referred to in Article 78 of the Social Security Law.
  6. 6)The limitation period for amounts paid to the Fund that were not due is five years from the date of payment.
  7. 7)The limitation period for settlement amounts arising upon liquidation of the insured person's account pursuant to paragraph 4 of Article 54 of the Social Security Law is five years from the date of entitlement as defined in the Fund's internal regulations.
  8. 8)5-
  9. 9)Debts owed to the Fund may be written off and removed from the accounts or recorded in special off-budget accounts pursuant to a decision of a special committee of the Fund if the debt is trivial or irrecoverable. The Fund's internal regulations shall define the value of accumulated amounts considered trivial and the conditions required for a debt to be deemed irrecoverable.
  10. 10)The decisions of the committee referred to in the preceding sub-paragraph shall be final and binding on the Fund.
  11. 11)The Fund's internal regulations shall define the details and procedures for applying this paragraph, as well as the composition of this committee and its working methods. The committee shall be appointed by a decision of the Board of Directors upon the proposal of the Director General, for a term of one year, renewable.
  12. 12)All debts owed to the Fund by employers and persons subject to insurance, particularly contributions, late-payment surcharges, and settlement amounts referred to in paragraph 4 of Article 54 of the Social Security Law, shall rank as privileged debts classified immediately after the State's debt, and this privilege shall attach from registration.

1. See Articles 354 to 359 of the Code of Obligations and Contracts dated 9/3/1932 regarding the suspension and interruption of the limitation period.

3. See Law No. 87/2 dated 6/1/1987 amending the age at which coverage under the End-of-Service Indemnity system as provided in the Social Security Law ends.

Amended 1977Amended 1982
ARTICLE 74

Determination of Sickness and Maternity Insurance Contributions for Certain Insured Persons as a Percentage

Sickness and Maternity Insurance contributions payable by insured persons who benefit only from medical care shall be fixed at a percentage rate lower than the contribution rate applicable to other insured persons.

ARTICLE 75

Additional Surcharge Imposed on an Employer who Commits Negligence

  1. 1)Without prejudice to the penalties provided for in other laws, the Fund may, with respect to Occupational Accidents and Diseases Insurance, impose on an employer who commits negligence, or whose equipment does not comply with the regulatory provisions on worker protection, safety, and health, or where the rate of exposure to occupational accidents and diseases is high, an additional surcharge on the contributions referred to in Article 71 of this Law. The Fund may, upon the employer's request, refund part of the contributions paid if the employer's equipment and the measures taken comply with the provisions of this Law and the rate of exposure to accidents in the institution is low. The conditions of application of this Article shall be defined in the Fund's internal regulations.
  2. 2)An employer who fails to report an occupational accident or occupational disease within the period specified in paragraph one of Article 58 shall be liable to a fine ranging between one hundred and one thousand Lebanese pounds (1). Fines shall be imposed in proportion to the violations. In the event of recurrence within the same year, the penalties shall be doubled.

1. See Article 30 of Law No. 89 dated 7/9/1991, which increased the fines imposed by courts.

Amended 1977
ARTICLE 76

Determination by the Board of Directors of Rules for Applying the Social Security Law

The Board of Directors shall, in accordance with the provisions of Article 3 of this Law, define the rules governing the registration of employers and insured persons, declarations of entry into and departure from employment, methods of paying contributions, surcharges, and advances, as well as all other measures necessary for the application of this Law.

Section 4Maternity Compensation
ARTICLE 26

The Insured Female's Right to Maternity Compensation

  1. 1)Every insured female is entitled to maternity compensation (1) for the period of ten weeks during which the delivery occurs (2), provided she refrains from work and does not receive any wage during that period.
  2. 2)Maternity compensation equals two-thirds of the average daily earnings specified in paragraph 2 of Article 23 of this Law, which would have been used as the basis for calculating sickness compensation as of the date the person concerned ceased work.
  3. 3)The provisions of paragraph 3 of Article 23 and paragraph 2 of Article 25 of this Law shall apply mutatis mutandis to maternity compensation.

1. The provisions on maternity compensation have not been implemented to date; the provisions of Articles 28 and 29 of the Labour Law dated 23/9/1946 continue to apply.

2. Maternity compensation is due to the insured female regardless of whether the child was born alive or stillborn.

ARTICLE 35

Right to a Disability Pension and its Determination

  1. 1)An insured person who, as a result of an occupational accident or occupational disease, suffers a permanent and total disability certified by the Fund's medical audit service, shall be entitled to a lifelong disability pension equal to two-thirds of his annual earnings.
  2. 2)An insured person who, as a result of an occupational accident or occupational disease, suffers a permanent and partial disability certified by the Fund's medical audit service, shall be entitled to:
  3. 3)If the assessed degree of disability is at least 30%, a disability pension whose amount is determined in proportion to the degree of disability relative to the pension he would have received in the event of permanent total disability.
  4. 4)If the assessed degree of disability is less than 30%, a lump-sum compensation fixed once and for all, equal to three annual instalments of the partial disability pension to which he would be entitled if such a pension were payable for the degree of disability he sustained.
  5. 5)The rate of permanent disability applicable to the various types of injury shall be defined in a schedule established by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors.
  6. 6)An insured person receiving a permanent disability pension who requires continuous assistance from another person shall be entitled to an additional compensation whose amount is fixed in the internal regulations.
  7. 7)The annual earnings used as the basis for calculating the disability pension equal 360 times the average daily earnings as defined in paragraph 3 of Article 34 of this Law, or the income actually earned during the twelve consecutive months immediately preceding the month in which the accident occurred or the disease manifested itself, whichever is more favourable to the insured person. The provisions on the minimum and maximum limits set out in Article 34 of this Law shall apply to the annual earnings used as the basis for calculating the disability pension and to the disability pension itself.
  8. 8)The disability pension becomes payable at the latest as of the first day of the thirteenth month following the month in which the accident occurred or the occupational disease manifested itself. However, this period may be extended for a maximum of one further year upon the request of the treating physician and with the approval of the Fund's medical audit.
  9. 9)The disability pension shall be paid in advance; the methods of payment shall be defined in the internal regulations.

2. No decree has yet been issued defining the rate of permanent disability for the various types of injury.

Amended 1977
ARTICLE 36

Review of the Disability Pension

  1. 1)The Fund shall review the amount of the pension, either spontaneously or upon request of the person concerned, if the Fund's medical audit certifies a significant aggravation or improvement following the settlement of the disability pension. A review shall also be conducted in the event of the beneficiary's return to work.
  2. 2)Notwithstanding the foregoing, a pension may not be reviewed once six months have elapsed since its settlement, except year by year at minimum. This rule shall not apply if a new curative treatment was used in the meantime, if the temporary aggravation of the effects of the occupational accident or occupational disease has subsided, or in the event of the beneficiary's return to work.
Amended 1977
ARTICLE 37

Insured Person Suffering a Second Occupational Accident or Occupational Disease

If a beneficiary of a disability pension suffers a further occupational accident or occupational disease, the amount of the pension shall be redetermined taking into account the cumulative total of all injuries sustained. If the beneficiary's annual earnings at the time of the subsequent accident or disease exceed the annual earnings used as the basis for calculating the first pension, the new pension shall be calculated on the basis of the higher earnings.

ARTICLE 38

Cancellation of the Occupational Accident or Occupational Disease Pension and Recovery of Compensation Paid

  1. 1)The occupational accident or occupational disease pension shall be cancelled and, where appropriate, compensation paid without entitlement shall be recovered, in the following cases:
  2. 2)Where the person concerned obtained or attempted to obtain, by fraudulent means, benefits to which he was not entitled.
  3. 3)Where the disease or accident resulted from a felony or misdemeanour committed by the person concerned, or from a deliberate act on his part.
  4. 4)The Fund may suspend payment of compensation or reduce its amount:
  5. 5)Where the person concerned refuses to submit to the medical and administrative monitoring and examinations provided for in the Fund's internal regulations, or fails to comply with medical instructions after being authorised to stop work.
  6. 6)During any stay by the person concerned outside the country, unless the internal regulations provide otherwise.
  7. 7)During any period in which the person concerned is serving a custodial sentence.
Amended 1977
ARTICLE 77

Obligations of Employers and Fund Inspectors

  1. 1)Employers shall be subject to the Fund's supervision with respect to the application of the provisions of this Law and the implementing decrees and regulations.
  2. 2)The supervisory functions shall be performed by inspectors in the Fund's establishment. The Fund's internal regulations shall define the special inspection establishment, the inspectors' powers, the rules of supervision referred to in paragraph 1 of this Article and the procedures for conducting it, as well as the procedures for submitting documentary objections to the reports and financial statements drawn up by inspectors.
  3. 3)Fund inspectors referred to in paragraph 2 of this Article must, before commencing their duties, take the following oath before the civil courts in Beirut: «I swear to carry out my duties with full integrity and faithfulness, and not to disclose trade secrets or investment methods that I may learn of in the exercise of my duties».
  4. 4)Any violation of the oath referred to in paragraph 3 of this Article shall expose the inspector to the penalties provided in Article 579 of the Penal Code.
  5. 5)The violation reports, financial assessment notices, and reports drawn up by inspectors as a result of their supervisory work pursuant to paragraph 2 of this Article shall be deemed authentic until proven otherwise. Information relating to the identity and address of the offender shall be obtained through the public prosecutor's office if the offender refuses to provide such information or obstructs the inspector from obtaining it.
  6. 6)Employers are required to record, without blanks, insertions, erasures, or corrections, in a special register maintained in accordance with a model drawn up by the Fund's administration, the name, date and place of birth, wage, and additional benefits of each person subject to insurance, before they commence work, as well as the date of cessation of work or dismissal within three days at the most following such cessation.
  7. 7)Employers are required to make available to Fund inspectors the register referred to in paragraph 6 of this Article, as well as all books, papers, and accounting documents containing or capable of containing wage records and details of persons subject to insurance and information relating to them.
  8. 8)Employers or their representatives must receive Fund inspectors at the times fixed for them, and provide them with the explanations, information, documents, and supporting evidence requested relating in particular to the enterprise's activities, changes in the situation of insured persons, the dates of commencement and cessation of their employment, their place of work, and the type, amount, and method of calculating their wages or earnings.
  9. 9)If an employer or his representative or any person connected with them or the enterprise obstructs an inspector in the performance of his duties or for any reason related thereto, or prevents him from carrying out those duties, or impedes his work, the offender shall be liable, in addition to the penalties provided in the Penal Code, to a fine ranging between 500 and 1,000 Lebanese pounds (1) and imprisonment for one to three months, or either of these penalties, with the penalty doubled in the event of recurrence.
  10. 10)Fund inspectors may request the assistance of public administrations and security forces to carry out their assigned duties.

1. See Article 30 of Law No. 89 dated 7/9/1991, which increased the fines imposed by courts.

Amended 1977
ARTICLE 78

Effect of the Employer's Failure to Submit Documents

Where an employer fails to submit, within the prescribed time limits, the documents relating to wages, or fails within the same time limits to submit the registers or other declarations provided for in the Fund's internal regulations, or if these documents are incomplete, the Fund shall send him a registered letter requesting him to rectify his situation and comply with the legal and regulatory provisions within eight days of receiving the notice. If the employer fails to comply with the content of the notice within that period, the Fund shall be entitled to unilaterally assess the contributions due on a definitive basis. Decisions relating to the assessment of contributions shall be enforced through the enforcement departments (2).

Amended 1967
ARTICLE 79

Increases on Unpaid Contributions and Methods of Collection

  1. 1)Contributions not paid within the prescribed period shall automatically be increased at the rate of one-half per thousand per day of delay.
  2. 2)The late-payment increase referred to in the preceding paragraph shall be collected by the Fund when contributions are paid; if the employer refuses to pay it upon settling the contributions, it shall be collected in accordance with the procedures applicable to the collection of contributions and other debts owed to the Fund.
Amended 1977
ARTICLE 80

Penalties Imposed on an Employer who Violates the Law

  1. 1)An employer who unlawfully withholds the contribution deducted from the wage or earnings of a person subject to insurance and due to the Fund shall be liable to imprisonment from three to six months or a fine of between 100 and 1,000 Lebanese pounds (4) or both penalties, if he fails to pay the amount owed within a maximum period of fifteen days from the date of service upon him by legal means of a formal demand for payment.
  2. 2)An employer who fails to maintain the register referred to in paragraph 6 of Article 77 of this Law shall be liable to a fixed fine of 400 Lebanese pounds for each person omitted from the register, or for whom the required information was not recorded or was not recorded in time. The penalty shall be doubled if the employer fails to pay the fine within fifteen days of the date of drawing up the violation report.
  3. 3)a- The employer is required to inform the Fund within one month at most of the date of occurrence of any legal or administrative changes to his enterprise that may affect the application of the Social Security Law. These cases shall be defined in the Fund's internal regulations.
  4. 4)An employer who fails to notify the Fund of the changes referred to in the preceding sub-paragraph shall be liable to a fine of between 200 and 1,000 Lebanese pounds.
  5. 5)Where an enterprise is sold, transferred, or made the subject of any contract referred to in Legislative Decree No. 11 dated 11/7/1967, all parties to the contract are required to notify the Fund of this fact within three days at most of the date of its occurrence.
  6. 6)Any person who fails to fulfil the obligations specified in the preceding sub-paragraph shall be liable to the fine provided in sub-paragraph (b) of this paragraph and shall become jointly and severally liable with the principal debtor or debtors for the amounts owed to the Fund, notwithstanding any contrary provision.
  7. 7)a- An employer who fails to declare the entry into employment or the departure from employment of a person subject to insurance within fifteen days of the date of entry or departure shall be liable to a fine of between 100 and 1,000 Lebanese pounds. If the delay in declaration exceeds three months from the date of entry or departure, the offender shall be liable to an additional fine of 50 Lebanese pounds per month per person, subject to a maximum total fine in all cases of 1,000 Lebanese pounds per person.
  8. 8)The Fund shall not require a declaration in respect of a person subject to insurance who worked for fewer than ten days, unless that person belongs to a category for which the Fund's internal regulations provide special treatment. This does not exempt the employer from registering such a person in the special register referred to in paragraph 6 of Article 77 of this Law.
  9. 9)An employer who fails to submit the annual nominal declaration required by the Fund's internal regulations within the prescribed period shall be liable to a fine of 500 Lebanese pounds if the enterprise pays contributions on a monthly basis, and 200 Lebanese pounds if contributions are paid on a non-monthly basis. If the delay exceeds three months, the offender shall be liable to an additional fine of 10 Lebanese pounds per month per person subject to insurance; a fraction of a month counts as a full month, subject to a minimum total fine of five hundred pounds and a maximum of five thousand Lebanese pounds. The fine shall be automatically collected by the Fund upon submission of the annual nominal declaration; if the employer refuses to pay it at the time of submission, it shall be collected in accordance with the procedures for collecting contributions and other Fund debts.
  10. 10)Offenders against the provisions of paragraphs 1, 3, and 4 of this Article shall not be prosecuted before courts if they pay the minimum basic fine and any additional fines due in proportion to the period of delay for violations under paragraph 4 above, within fifteen days of the date of drawing up the violation report. This paragraph shall not apply in the event of recurrence within one year.
  11. 11)a- Fines imposed shall be paid to the administration of the National Social Security Fund.
  12. 12)The penalty shall be doubled in the event of recurrence within one year.

3. See Articles 1 to 6 of Decree No. 9816 dated 4/5/1968 on penalties for violations of the rules governing the employment of workers.

4. See Article 30 of Law No. 89 dated 7/9/1991 (Budget Law) which increased the fines imposed by courts, and Article 2 of Law No. 753 dated 22/5/2006 which tripled all fines in the Social Security Law.

Amended 1977
ARTICLE 81

Penalties Imposed on Persons who Unlawfully Receive Benefits

Without prejudice to the provisions of Articles 25 and 34 of this Law, any person who intentionally benefits personally or intentionally enables another to benefit from benefits to which he is not entitled, through fraud or by submitting false or untrue declarations, shall be liable to a fine of between 500 and 2,000 Lebanese pounds, in addition to any custodial sentence to which he may be subject under the Penal Code, and shall be obliged to reimburse the Fund for the amounts paid without entitlement.

Amended 1977
ARTICLE 82

Cases of Non-Compliance by an Employer with the Provisions of the Social Security Law

In cases other than those provided for in Articles 80 and 81 above: if an employer fails to comply with the provisions of this Law, the Director General of the Fund shall send him a registered letter calling upon him to rectify his situation within eight days; the Director General must refer the matter to the labour courts for adjudication pursuant to Article 85 below if the employer fails to comply with the request.

ARTICLE 83

Consequences of Failure to Declare an Employee or Delay by the Employer in Paying Contributions

With respect to the Occupational Accidents and Diseases Insurance branch, where an employee has not been declared or where the employer is in arrears in paying the contributions due from him, wholly or partly, up to and including the day of the accident, the Fund shall provide the employee with all benefits due to him, and the employer shall remain a debtor of the Fund for an amount equal to the total benefits due or paid to the employee or to the entitled beneficiaries after him, until full payment of the contributions and the corresponding surcharges.

Section 5Funeral Expense Compensation
ARTICLE 27

Determination of Funeral Expense Compensation

Funeral expense compensation is fixed at 150% of the official minimum wage in force and is paid:

  1. 1)To the insured person himself, in the event of the death of one of his family members specified in Article 14, paragraph 2 of this Law.
  2. 2)To the entitled beneficiaries referred to in Article 14, paragraph 2 of this Law, in the event of the death of the insured person.
Amended 1987
ARTICLE 39

Receipt of Pensions in the Event of the Insured Person's Death

In the event of an insured person's death as a result of an occupational accident or occupational disease, the persons exhaustively listed in the law placed into force by Decree No. 8496 dated 2/8/1974, in accordance with the order of priority and the proportions set out therein, shall be entitled to the survivors' pension determined in Article 40 below.

Amended 1977
ARTICLE 40

Determination of the Survivors' Pension Following the Death of the Insured Person

  1. 1)This pension shall equal two-thirds of the annual earnings as defined in paragraph 5 of Article 35 above.
  2. 2)If there is only one entitled beneficiary, this pension shall be reduced to 50% of the said earnings.
Amended 1977
ARTICLE 41

Division of Compensation Among the Insured Person's Widows

If the insured person leaves several lawful widows, they shall share equally the compensation provided for a widow.

Amended 1977
ARTICLE 42

Period of Entitlement to the Survivors' Pension

The survivors' pension shall become payable:

  1. 1)In the event of the death of an insured person who was in receipt of a disability pension, as of the first day of the month following the month in which the insured person died.
  2. 2)In the event of the death of an insured person who had not yet received a disability pension, as of the date of death.
  3. 3)The pension shall be due as of the dates specified in (a) and (b) above if the application for the pension is submitted within one year following the date of death. In other cases, the pension shall become payable as of the first day of the month following the month in which the application was submitted.
Amended 1977
ARTICLE 43

Methods of Payment of the Survivors' Pension Following the Insured Person's Death

The survivors' pension shall be paid in advance; the methods of payment shall be defined in the internal regulations.

Amended 1977
ARTICLE 44

Forfeiture of the Right to a Pension

The right to a pension shall be forfeited upon the death of the beneficiary or upon the remarriage of the widow or widower. In the latter case, the widow or widower shall receive a lump sum equal to three years' worth of pension instalments. The right of the remaining beneficiaries to the survivors' pension shall lapse if they no longer satisfy the conditions required for entitlement, as of the end of the month in which those conditions ceased to be met. Where the right of a beneficiary lapses for the reasons stated above, his share shall be redistributed among the remaining beneficiaries, without prejudice to the application of the provisions of paragraph 2 of Article 40.

Amended 1977
ARTICLE 1

Establishment of the National Social Security Fund

  1. 1)A National Social Security Fund, hereinafter referred to in this Law as «the Fund», is hereby established to administer the social security system (1) with its multiple branches.
  2. 2)The Fund is an independent institution of social character subject to the provisions of this Law, possessing legal personality (2) and financial and administrative autonomy. Its head office is in Beirut and it may establish regional and local offices.
  3. 3)Within the limits set out in Article 3 of this Law, the Fund is subject to:
  4. 4)The supervisory authority of the Ministry of Labour through a Government Commissioner whose powers are defined by an implementing decree (3) adopted in the Council of Ministers.
  5. 5)The prior supervisory authority of the Council of Ministers.
  6. 6)The ex-post audit of the Court of Audit without any prior control (4).
  7. 7)The governing bodies of the Fund consist of a Board of Directors, a Technical Committee, and a Secretariat-General; the Secretariat-General is subordinate to the authority of a Director General.
  8. 8)The Fund is not subject to the supervision of the Civil Service Board or the Central Inspection, nor are the provisions of Legislative Decree No. 150 dated 12 June 1959 (1) applicable to it.

1. The National Social Security Fund is not subject to the general regulations governing public institutions (Decree No. 4517 dated 13/12/1972), pursuant to Article 40 of that Decree.

2. Legal personality is the attribution of corporate status to a body or association, giving it a separate legal existence and distinct financial regime that enables it to purchase, enter into contracts, litigate, and hold assets.

3. See Decree No. 15255 dated 1/2/1964 defining the powers and allowances of the Government Commissioner to the National Social Security Fund.

4. See Article 15 of the Regulations attached to Decree No. 3489 dated 28/12/1965 concerning the procedure for transmitting the accounts, documents, and supporting papers of the public institution.

ARTICLE 2

Composition of the Board of Directors

  1. 1)The Board of Directors shall be composed of the following representatives:
  2. 2)Six representatives of the State, who may be chosen from among civil servants in government departments and public institutions or from outside.
  3. 3)Ten representatives of the professional organisations most representative of employers referred to in Article 9, paragraph 1 of this Law.
  4. 4)Ten representatives of the professional organisations most representative of employees (workers and staff) referred to in Article 9, paragraph 1 of this Law.
  5. 5)Representatives of the agricultural employers' and employees' organisations most representative of employers and employees, whose number and method of selection shall be determined by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour.
  6. 6)The organisations referred to in paragraphs (b) and (c) above shall determine the number of their representatives by a decree (4) adopted in the Council of Ministers upon the proposal of the Minister of Labour, ensuring the broadest possible representation of existing sectors. The said organisations shall elect their representatives and the elections shall be confirmed by a decree adopted in the Council of Ministers. The Government may request any of these organisations to replace its elected representative with another when it deems there is cause to do so.
  7. 7)Representatives are appointed for a term of four years. A representative must be Lebanese and have experience in his field of work.
  8. 8)If a representative resigns or dies, a successor shall be appointed for the remainder of the term, following the same procedure used in appointing the predecessor.
  9. 9)New representatives shall be appointed or their election confirmed at least two months before the expiry of the current term.
  10. 10)The new Board of Directors shall, at its first meeting, elect its Bureau composed of a Chairman, a Vice-Chairman, a Secretary and four members, ensuring that the State is represented by two members and that employers and employees are each represented by three members.
  11. 11)The term of the Bureau is four years, renewable, provided that the term of any Bureau member expires upon the expiry or forfeiture of his membership on the Board of Directors (5).
  12. 12)Decisions of the Board and the Bureau are taken by absolute majority; each representative has one vote, and in the event of a tie the Chairman's vote is casting.
  13. 13)[Paragraph added by Decree No. 1881 dated 5/4/1979]: The majority voting in the Board of Directors for decisions taken must be an absolute majority of each of the representatives of the State, employers, and employees; if this is not achieved at a first session, the Board shall be convened to a second session to vote on such decisions by absolute majority of Board members without distinction, provided that the interval between the first and second sessions is not less than two weeks (1).
  14. 14)The Bureau shall sign the decisions it takes at its first meeting after they are adopted.
  15. 15)The Board shall adopt its internal rules (2) and determine its meeting schedule; it shall not meet at the call of its Chairman less than twice a month, and may hold extraordinary meetings if requested in writing by at least five representatives, or upon request of the Minister of Labour, the Chairman of the Technical Committee, or the Director General.
  16. 16)The Bureau shall determine its own meeting schedule, meeting at the call of its Chairman at least twice a week, and may hold extraordinary meetings upon request of at least three of its members, or upon request of the Minister of Labour, the Chairman of the Technical Committee, or the Director General.
  17. 17)Representatives shall receive an attendance allowance for each meeting of the Board and Bureau they attend. The amount of this allowance and the monthly maximum that a representative may receive for attendance at Board and Bureau meetings shall be fixed by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour. No representative may receive any salary or other compensation for any work performed for the Fund.
  18. 18)Members of the Board of Directors are personally liable, vis-à-vis third parties, for acts of fraud committed in the exercise of their duties. They do not incur collective liability for their acts in the Board and Bureau except where damage caused to injured parties results from a violation of a decision recorded in the meeting minutes.
  19. 19)An action for liability shall be time-barred upon the expiry of five years from the date of the impugned decision.

1. Legislative Decree No. 150 dated 12/6/1959 on independent services was repealed and replaced by Decree No. 4517 dated 13/12/1972 (General Statute of Public Institutions). The National Social Security Fund was exempted from its application.

2. Application of the amendment to Articles 2 and 3 of the Social Security Law was suspended by virtue of Law No. 81/6 dated 20/2/1981 and further extended to 31/12/1982 by Decree No. 5441 dated 20/9/1982.

3. The decree designating representatives of the agricultural employers' and employees' organisations has not yet been issued.

4. See Decree No. 2390 dated 25/4/1992 defining the professional organisations most representative of employers and employees.

5. See Decree No. 3127 dated 28/1/1993 appointing a temporary committee to carry out the functions of the Board of Directors of the National Social Security Fund.

Amended 1974Amended 1978Amended 1979
ARTICLE 3

Powers of the Board of Directors

The powers of the Board of Directors of the Fund shall cover in particular the following matters:

  1. 1)Matters requiring a decree adopted in the Council of Ministers:
  2. 2)Organising the appointment of the Financial Committee entrusted with investing the Fund's assets for short, medium, or long terms pursuant to Article 64, paragraph 2 of this Law.
  3. 3)Authorising the Director General to acquire or sell immovable property whose value exceeds the amount fixed in the internal regulations, when such property is intended for the Fund's internal operations or for social services under its direct authority.
  1. 1)Matters requiring approval of the supervisory authority:
  2. 2)Proposing the Fund's various internal regulations, staff regulations, and the salary scale for the Fund's various departments.
  3. 3)Proposing the Fund's administrative budget and supplementary budgets.
  4. 4)Approving the final accounts of the administrative budget, supplementary budgets, and other Fund accounts, together with the reports and explanatory statements specified in the Fund's regulations.
  5. 5)Determining the principles governing social investments.
  6. 6)Determining the principles for establishing local and regional offices.
  1. 1)Matters decided by the Bureau:
  2. 2)Decisions not required by law to be submitted to the Council of Ministers and not requiring approval of the supervisory authority.
  3. 3)Decisions to be taken as a result of the Technical Committee's reports or observations of the supervisory authority that are administrative or technical in nature and do not require referral to the Council of Ministers or the supervisory authority.
  4. 4)Appointment of third- and second-category employees following competitive examination as provided in Article 6 of this Law.

4- The Board of Directors shall, within the time limit specified above, transmit to the supervisory authority through the acting Government Commissioner, together with his opinion, the decisions referred to in paragraphs 1 and 2 of this Article, accompanied by the minutes of the relevant session.

5- If the supervisory authority (1) does not communicate a reasoned rejection to the Board of Directors within one month of the date of receipt of the submitted decisions, those decisions shall be deemed approved upon the expiry of the said period. The same applies to decisions referred to the Council of Ministers under paragraph 1(a) of this Article.

1. Unlike what is stated in paragraph 4 of Article 3, the Law does not restrict in paragraph 5 the period for the supervisory authority's refusal to the Government Commissioner's notification period, since the decree fixing the Commissioner's powers does not refer to that.

2. Once the internal regulations are approved by the supervisory authority they become an integral part of the Social Security Law.

3. See Decree No. 15996 dated 6/4/1964 defining the allowance of the Chairman of the Board of Directors of the National Social Security Fund.

4. Application of this amendment was suspended until the end of 1981 by Law No. 81/6 dated 20/2/1981, and was extended to 31/12/1982 by Decree No. 5441 dated 20/9/1982.

Amended 1978
ARTICLE 4

The Technical Committee

  1. 1)The Technical Committee is a permanent body of the Fund that exercises the functions assigned to it under this Law and the Fund's regulations.
  2. 2)The Technical Committee shall be composed of a Chairman and two members.
  3. 3)The Chairman and two members of the Technical Committee shall be appointed by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour. In addition to the general conditions of appointment applicable in the Fund, the following specific conditions must be met:
  4. 4)For the Chairman: he must be from the first category of the State's general administrative cadre or eligible for promotion thereto; or he must hold a university degree recognised upon completion of second-year baccalaureate studies, or its equivalent, in law, financial, economic, or commercial sciences, with at least ten years of practical experience in his field after obtaining the degree.
  5. 5)For the two members: they must be from the second category of the State's general administrative cadre or eligible for promotion thereto; or they must hold a university degree requiring at least three years of study after the second-year baccalaureate or its equivalent in the same fields prescribed for the Chairman, with at least five years of experience in the member's field after obtaining the degree.
  6. 6)A special grade outside the Fund's establishment shall be created with two ranks: one for the Director General and one for the Chairman of the Technical Committee, with the salary scale for each rank defined in the Fund's internal regulations. The two members of the Technical Committee shall be governed by the salary scale of the first category of the Fund's establishment.
  7. 7)The service of the Chairman or either member of the Technical Committee may be terminated by a decree adopted in the Council of Ministers for any of the reasons specified in paragraph (a) of Article 5, and following an inquiry whose procedures are defined in a special charter approved by the Board of Directors and subject to ratification by the supervisory authority.
  8. 8)The Chairman and members of the Technical Committee are prohibited from receiving any compensation for any assignment entrusted to them by the supervisory authority, the Board of Directors, or the Director General. They may not be appointed to any post within the Fund's operations for a period of two years following the termination of their service on the Technical Committee.
  9. 9)The Chairman of the Technical Committee shall manage the department of employees under the Committee and for that purpose shall enjoy all the powers of the Fund's Director General.
  10. 10)Employees in the Technical Committee's establishment shall be appointed pursuant to the appointment conditions adopted in the Secretariat-General, following a competitive examination held by special committees at the request of the Chairman of the Technical Committee and with the approval of the supervisory authority.
  11. 11)The Chairman and members of the Technical Committee shall be entitled to the benefits of the sickness and maternity insurance branches provided under the Social Security Law subject to the conditions specified therein.
  12. 12)The Chairman of the Technical Committee shall participate in the deliberations of the Board of Directors and the Bureau without having the right to vote; in his absence he shall be represented by one of the two members.
  13. 13)The provisions of paragraphs 13 and 14 of Article 2 of this Law shall apply to the Chairman and members of the Technical Committee.
  14. 14)a- The appropriations allocated to the Technical Committee shall be entered in the Fund's administrative budget.
  15. 15)The Technical Committee shall convene at the call of its Chairman or his substitute.
  16. 16)The expenses of the Technical Committee shall be liquidated and disbursed in accordance with the procedures prescribed in the Fund's financial regulations.
  17. 17)The Technical Committee shall:
  18. 18)Audit the Fund's accounts pursuant to annual, extraordinary, or special programmes. The Committee shall prepare its annual programme before the end of a designated month each year and shall prepare extraordinary programmes whenever the need arises. As regards special programmes, the Committee's recommendations shall be addressed to the Minister of Labour, the Chairman of the Board of Directors, the Director General, and the Chairman of the Technical Committee.
  19. 19)Submit proposals for improving working methods and simplifying procedures.
  20. 20)Conduct, within its mandate, studies assigned to it by the supervisory authority, the Board of Directors, or the Fund's Director General.
  21. 21)Prepare the following general and specific reports:
  22. 22)- An annual report covering the audit work of the previous year, to be submitted to the Minister of Labour, the President of the Court of Audit, the Chairman of the Board of Directors, and the Director General by the end of May each year at the latest.
  23. 23)- An annual report on draft final accounts of the administrative budget and supplementary budgets, in accordance with the Fund's financial regulations.
  24. 24)- Special reports on working methods, the progress of procedures, and any matter assigned to the Technical Committee.
  25. 25)The Technical Committee shall have the right to contact directly all Fund departments and employees, and to obtain the documents and records it needs to carry out its work, provided it keeps the Fund's Director General informed.

1. Paragraph (a) was omitted in the text published in the Official Gazette for this Article.

2. The decree appointing the Chairman and two members of the Technical Committee has not yet been issued.

Amended 1978
ARTICLE 5

Appointment and Dismissal of the Director General

  1. 1)A Director General shall be appointed at the head of the Fund's Secretariat-General by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors; the Director General may similarly be dismissed or retired by the same procedure.
  2. 2)The Director General must hold a recognised university degree and have qualifications in social, administrative, or financial affairs together with practical experience in banking and insurance management. The Director General may not be a member of the Board of Directors or of the Technical Committee.
  3. 3)The Director General is responsible for implementing the decisions of the Board and Bureau and managing the Fund's Secretariat-General; he shall refer to the Board of Directors all documents and proposals necessary for decisions to be taken by the Board. The Director General shall attend meetings of the Board or delegate Directors to represent him thereat. He may also attend sessions of the Technical Committee or designate a representative to attend (1). The provisions of paragraph 12 of Article 2 of this Law shall apply to the Director General and the staff of the Fund's Secretariat-General.
  4. 4)The provisions of paragraph 12 of Article 2 of this Law shall apply to the Director General and the staff of the Fund's Secretariat-General (1).
  5. 5)a- The Director General may be dismissed for any of the following reasons:
  6. 6)- Commission of a felony or misdemeanour.
  7. 7)- Commission of a serious error in the exercise of his duties.
  8. 8)- Incompetence or gross negligence in the exercise of his duties.
  9. 9)The Chairman of the Board of Directors shall refer the dismissal file to the supervisory authority accompanied by the following documents:
  10. 10)- Minutes of the Board of Directors meeting relating to the dismissal.
  11. 11)- Written approval of the Government Commissioner.
  12. 12)- Reasoned opinion of the Technical Committee.
  13. 13)The supervisory authority shall refer the dismissal file together with its endorsement to the Council of Ministers.
  14. 14)In the case of resignation, the request shall be submitted to the Board of Directors, which shall refer it with its endorsement to the supervisory authority, which in turn shall refer it to the Council of Ministers.

1. Paragraph 12 of Article 2 before its amendment dealt with the liability of Board members and became paragraph 13 after the amendment.

ARTICLE 6

Composition of the Fund's Establishment: Technical and Administrative Staff

  1. 1)a- The Fund's establishment shall consist of technical and administrative staff.
  2. 2)All Fund employees up to and including grade six shall be appointed following competitive examination. Employees in grade seven shall be appointed following an examination; the terms of the competitive examination and examination shall be determined by special committees established by a decision of the Board of Directors upon the proposal of the Director General.
  3. 3)Grade-one employees shall be appointed by decision of the Board of Directors; employees in grades two and three shall be appointed by decision of the Bureau; the Director General shall appoint employees in other grades.
  4. 4)Locally trained employees shall have the right to choose the position to which they are promoted from among vacant positions, subject to conditions defined in the internal regulations.
  5. 5)Any Fund employee may be transferred from one department to another with the approval of the heads of both departments concerned.
  6. 6)The Fund may appoint government officials on a temporary secondment basis in accordance with Articles 50 and 51 of Legislative Decree No. 112 dated 12 June 1959, and with the approval of the Ministers concerned. The period of service spent by these officials at the Fund shall be counted as actual service in the State's establishment, provided that their pension deductions are proven to be paid on the basis of the grades they hold in their original post.
  7. 7)The salaries and conditions of service of Fund employees shall be defined in the Fund's staff regulations.
  8. 8)All Fund employees, regardless of category, shall be subject to the provisions of the Labour Law, with the exception of the employees referred to in paragraph 2 of this Article, who shall remain subject to their own regulations.
  9. 9)A medical committee (1) permanently attached to the Fund (2) shall be established by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The powers of this committee shall be defined in the Fund's internal regulations.
Amended 1978
Chapter 2

Occupational Accidents and Occupational Diseases Insurance

Section 1General Provisions
ARTICLE 13

Establishment of the Sickness and Maternity Insurance Fund

  1. 1)A Sickness and Maternity Insurance Fund (1) is hereby established; its organisation shall be defined in this Part and its resources in Chapter Three, Part One, Book Three of this Law.
  2. 2)The contingencies covered by the insurance are:
  3. 3)Any sickness not resulting from an occupational accident or not recognised as an occupational disease.
  4. 4)Maternity (pregnancy, childbirth, and their sequelae).
  5. 5)Temporary incapacity for work resulting from sickness or maternity which causes an interruption in the insured person's earnings.
  6. 6)Death not resulting from an occupational accident or occupational disease.

1. See Decree No. 14035 dated 16/3/1970 fixing the date for commencing implementation of the Sickness and Maternity Insurance branch.

ARTICLE 14

Definition of Insured Persons

1- The insurance shall cover insured persons and their family members. For purposes of this Article, the term «insured person» shall refer to an insured male or an insured female without any distinction.

  1. 1)The following persons shall be considered members of the insured person's family, provided they live under the same roof and at his expense:
  2. 2)The father and mother who have attained the age of sixty years or who are unable to provide for themselves due to a physical or mental disability.
  3. 3)The insured person's lawful wife; in the event of polygamy, the first wife only (2).
  4. 4)The insured female's husband who has attained the age of sixty years or who is unable to provide for himself due to a physical or mental disability.
  5. 5)The insured person's legitimate (1) and adopted children up to eighteen years of age; if the children are unable to provide for themselves because they devote their full time to their studies, they shall benefit from the insurance up to twenty-five years of age (2).

1. The legislator has excluded illegitimate children in all forms from coverage under the Social Security Law; thus, children born of adultery, fornication, or out-of-wedlock relationships are not subject to the Sickness and Maternity Insurance branch.

2. Regarding the situation of disabled children, see paragraphs (b) and (c) of Article 80 of Law No. 220 dated 29/5/2000, which amended paragraph (d) of Article 14 of this Law.

Amended 2002Amended 2000Amended 2000Amended 2002
ARTICLE 15

Definition of Benefits of the Sickness and Maternity Insurance Fund

  1. 1)The benefits of the Sickness and Maternity Insurance shall comprise:
  2. 2)Preventive and curative medical care.
  3. 3)In the case of maternity, antenatal examinations and care, and postnatal care during and after childbirth.
  4. 4)In the case of temporary incapacity for work resulting from sickness or maternity, sickness or maternity compensation (3).
  5. 5)In the case of death, funeral expense compensation.
  6. 6)Sickness and Maternity Insurance benefits shall not be due to an insured person if, in the same situation, that person is entitled to Occupational Accidents and Diseases Insurance benefits.
  7. 7)The benefits necessary in cases of pathological pregnancy or morbid conditions resulting from childbirth shall be treated as sickness benefits from the date on which the morbid condition is established by a medical auditor appointed by the Fund.

3. The provisions on sickness and maternity compensation have not been implemented to date; implementation of the Sickness and Maternity Insurance branch has been limited to medical care benefits and funeral expense compensation.

ARTICLE 16

Entitlement to Sickness Benefits

1- Sickness and Maternity benefits shall not be due unless the insured person has been affiliated to the insurance for at least three consecutive months during the six months preceding the date of medical certification or the date of death. For this purpose, a month of insurance means a month during which the employee was continuously subject to the insurance and in respect of which contributions were paid or were required to be paid by the employer. If the employee was not continuously subject to insurance, a period equivalent to twenty-five days or four weeks in respect of which contributions were paid or required shall be deemed a month of insurance. Periods during which the employee's incapacity for work due to sickness, maternity, or occupational accident is established shall likewise be counted as insurance periods.

  1. 1)In addition to the foregoing, in order for an insured female to benefit from maternity compensation, she must have been affiliated to the insurance for at least ten months before the presumed date of delivery.
  2. 2)The provisions of paragraph 1 of this Article shall not apply if the sickness or death resulted from an occupational accident, provided the insured person was registered before the date the accident occurred.
  3. 3)An insured person who no longer satisfies the conditions required for coverage under sickness insurance shall be entitled to sickness benefits not only for illnesses that appeared before the end of his coverage, but also for illnesses appearing during the three months following the said date; likewise, an insured female shall be entitled to maternity benefits if the presumed date of delivery falls within the three months following the end of her coverage.
  4. 4)To enable the insured person to establish his entitlement to benefits, the employer is required to provide each of his employees registered with the Fund with an earnings statement (1) in the form prescribed or accepted by the Fund.

1. By virtue of Article 7 of Law No. 248 dated 9/8/2000, the statement referred to in paragraph (e) of Article 16 shall be replaced by a certificate issued by the section's accountant attesting the voluntary insured person's contribution in accordance with the internal regulations.

Amended 1972Amended 2001
ARTICLE 28

Establishment of a Fund for Occupational Accidents and Occupational Diseases Insurance

A Fund for Occupational Accidents and Occupational Diseases Insurance (1) is hereby established; its organisation shall be defined in this Part and its resources in Chapter Three, Part One, Book Three of this Law: For the purposes of this Law, an occupational accident means:

  1. 1)An accident befalling the insured person in the course of or in connection with the performance of his work.
  2. 2)An accident befalling the insured person during his journey from home to the workplace or back, provided the journey is uninterrupted and deviates from the normal route for no reason connected with his work.
  3. 3)An accident befalling the insured person in the course of or in connection with rescue operations taking place at the institution where he works.
  4. 4)An accident befalling the insured person outside Lebanese territory in the course of or in connection with the performance of his work.
  5. 5)The date of commencement of this branch and the conditions for its application shall be fixed by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors of the Fund.

1. The Occupational Accidents and Diseases Insurance branch has not been implemented to date. The provisions of Legislative Decree No. 136 dated 16/9/1983 are applicable with respect to occupational accidents; occupational diseases are governed by the Code of Obligations and Contracts.

2. No decree has yet been issued fixing the date for implementation of sub-paragraph (d).

Amended 1977
ARTICLE 29

Application to Occupational Diseases

  1. 1)The provisions of this Law relating to occupational accidents shall apply to occupational diseases. The date of the first medical examination of the patient shall be deemed the date of the accident, without prejudice to the right of audit by the Fund's medical audit service.
  2. 2)A list of pathological conditions recognised as occupational diseases in respect of workers habitually exposed to noxious agents or to special conditions arising from the nature of their work shall be established by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The list may include certain types of work that give rise to such diseases.
  3. 3)Occupational diseases that do not manifest themselves until after the date on which the worker's exposure to the noxious agents ceased shall not be borne by the Fund unless they arise within the period specified in the said list. The list may be reviewed or supplemented by decrees adopted in the same manner.

3. No decree has yet been issued establishing the list of pathological conditions recognised as occupational diseases.

Amended 1977
ARTICLE 30

Risks Covered by this Branch

The Occupational Accidents and Diseases Insurance branch shall cover the following risks when they result from an occupational accident or occupational disease:

  1. 1)Any morbid condition of the insured person.
  2. 2)Temporary incapacity for work resulting in an interruption of earnings.
  3. 3)Permanent total or partial disability of the insured person.
  4. 4)Death of the insured person.
ARTICLE 31

Persons Entitled to Benefits from the Occupational Accidents and Diseases Branch in the Event of the Insured Person's Death

  1. 1)The persons entitled to the benefits of the preceding Article are the insured persons themselves and, in the event of an insured person's death, the surviving entitled beneficiaries.
  2. 2)The entitled beneficiaries following the death of an insured person are:
  3. 3)The persons specified in paragraph 2 of Article 14 of this Law.
  4. 4)The insured person's father and mother and his minor siblings, if they were dependent upon him at the time of his death.
ARTICLE 32

Benefits of Occupational Accidents and Diseases Insurance

The benefits of the Occupational Accidents and Diseases Insurance shall comprise:

  1. 1)Medical care.
  2. 2)Compensation for temporary incapacity for work.
  3. 3)A disability pension or a lump-sum compensation in the event of permanent total or partial disability.
  4. 4)A survivors' pension as defined in Article 39 of this Law, and funeral expense compensation in the event of the insured person's death.
Amended 1977
ARTICLE 64

Financial Independence of Each Branch and Establishment of a Financial Committee for Investment of Fund Assets

  1. 1)Each branch of social security listed in Article 7 of this Law shall enjoy financial independence and shall meet its obligations from its own resources. The Fund's revenues and assets may only be used for the purposes specified in this Law.
  2. 2)A Financial Committee (2) shall be established by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and the Minister of Finance and following deliberation by the Fund's Board of Directors. It shall be entrusted with investing the Fund's assets for short, medium, and long terms. Its composition and powers shall be defined in the decree, and it shall operate under the authority of the Fund's Board of Directors, which bears responsibility for investment policy.
  3. 3)The Committee's primary functions are:
  4. 4)To ensure that the Fund's capital earns at least the minimum return specified in the internal regulations.
  5. 5)To determine the social investments that may be carried out each year without undermining the Fund's financial balance.
  6. 6)Medium- or long-term investments may only cover:
  7. 7)Government bonds.
  8. 8)Loans granted to public institutions and bodies guaranteed by the State.
  9. 9)Immovable property.
  10. 10)Loans granted directly by the Fund for the purpose of providing housing for the insured categories of all or any branches of social security and for public sector employees other than military personnel and members of the Internal Security Forces and General Security, subject to special regulations and conditions established for this purpose.
  11. 11)Pursuant to applicable legal provisions, the Fund may attach all end-of-service, severance, or retirement benefits and pension payments that have accrued or will accrue in favour of an employee or official benefiting from a loan granted for the purpose described above. Upon settlement of such benefits or pensions, only the amounts exceeding the value of outstanding instalments at the date of settlement shall be paid to the entitled parties; the balance shall remain attached in favour of the Fund until the loan is fully repaid with interest.
  12. 12)Any dispute arising between the Fund's Board of Directors and the Financial Committee shall be submitted to the arbitration of the Minister of Labour.

2. See Decree No. 12180 dated 24/3/1969 establishing a Financial Committee at the National Social Security Fund.

Amended 1973
ARTICLE 65

Financing of Social Security Branches and Clearance of Liabilities

First: Financing of the social security branches referred to in Article 7 of this Law, pursuant to the provisions of Articles 71 to 76 below.

Second:

  1. 1)Every employer, whether a natural person or a legal entity under private law, is required to obtain from the Fund a clearance certificate proving that it has paid contributions and fulfilled all financial obligations arising from the implementation of this Law, in the cases specified in this Article and subsequent Articles of this Law. The receipt issued by the Fund shall constitute the required clearance certificate and shall be valid for a period of six months from its date (1). Where appropriate, the validity of the clearance certificate may be extended by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour.
  2. 2)The clearance certificate referred to in clause 1 of this section must be presented where the transaction is in the interest of the enterprise and not in the personal interest of individuals, in the following cases:
  3. 3)- Transactions in the Commercial Register and in the special register attached thereto as referred to in Legislative Decree No. 11 dated 11/7/1967 and its amendments.
  4. 4)- Registration transactions in the Chambers of Commerce and Industry as referred to in Legislative Decree No. 36 dated 5/8/1967 (2) and its amendments, as well as in the cases specified in paragraphs 3, 8, and 9 of Article 8 of that Legislative Decree.
  5. 5)- Real estate transactions for the dissolution and liquidation of commercial establishments and commercial companies owned by employers, before the Land Registry or any other official authority.
  6. 6)- Import, export, and re-export licence transactions and customs transactions of all kinds relating to commercial establishments and commercial companies.
  7. 7)- Participation in public and restricted tenders, calls for bids, and negotiated contracts with all State administrations, independent services, municipalities, and other public institutions.
  8. 8)- Banking credit, commercial, industrial, agricultural, and tourism loan transactions conducted by public-sector institutions.
  9. 9)- Assistance transactions granted or provided by public administrations and other public-sector institutions to associations, syndicates, federations, and other professional organisations.
  10. 10)- Transactions for the registration of private educational institutions of all types, or amendments thereto, with the Ministry of National Education and Fine Arts, as well as transactions for the payment of grants to free private schools.

1. The validity period of the clearance certificate referred to in Article 65 was extended from three months to six months by Decree No. 5489 dated 4/8/1994.

2. The original text of Law No. 82/24 amending Article 65 erroneously stated that Legislative Decree No. 36 was dated 5/8/1968; it was in fact issued on 5/8/1967.

Amended 1982Amended 1997
ARTICLE 66

Establishment of a Reserve Fund for Each Branch

  1. 1)A permanent reserve fund shall be established for each branch of social security referred to in sub-paragraphs (a), (b), and (c) of Article 7 of this Law, with a minimum level at the end of each financial year of:
  2. 2)One-sixth, for Sickness and Maternity Insurance and the Family and Educational Allowances system.
  3. 3)One-third of the expenditure recorded during the three years preceding the financial year under review, for Occupational Accidents and Diseases Insurance.
  4. 4)The minimum level referred to above must be reached for each branch at the latest by the end of the fourth financial year following the date the branch is placed into force.
  5. 5)If the receipts of any branch referred to in the preceding paragraph, other than the Sickness and Maternity Insurance branch, exceed its expenditure during a single financial year, the difference shall be automatically deducted from its reserve fund. If it appears at the end of the same financial year that the reserve fund has not reached the minimum level, the Council of Ministers, upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, shall decide to raise the contribution rate as of 1 July of the year following the financial year showing a deficit, so that contributions are sufficient to restore financial balance and bring the reserve fund to the required minimum level within a maximum period of three years. If the receipts of the Sickness and Maternity Insurance branch exceed expenditure, the contribution rate shall be raised within the same framework at the following rates:
  6. 6)40% State.
  7. 7)40% employers.
  8. 8)20% employees.
  9. 9)During a financial year, the State may grant advances to the Fund to achieve balance in its budget, subject to conditions and repayment terms fixed by a decree adopted in the Council of Ministers.
  10. 10)In the event of a national disaster causing a severe deficit in the Fund, the State may grant the Fund exceptional assistance fixed on the basis of restoring financial balance without increasing contributions.
Amended 1972
ARTICLE 67

Exemption of the Fund from All Taxes and Fees

  1. 1)The Fund shall be exempt from paying all taxes and fees, including stamp duties, court fees, registration fees, and taxes on transactions that the Fund may enter into. Correspondence addressed to and issued by the Fund shall benefit from postal exemption.
  2. 2)Pharmaceutical preparations, prosthetic appliances, spectacles, and other medical or surgical tools imported for the account of the Fund may be exempt from customs duties. The terms of this exemption shall be determined by the Supreme Customs Council and the Minister of Finance.
  3. 3)Insured persons benefiting from social security services shall be exempt from all taxes and fees on amounts received and on all transactions and disputes arising from the application of this Law, in particular applications for benefits submitted by insured persons.
Section 2Medical Care
ARTICLE 17

Persons Entitled to Medical Care and its Definition in Cases of Sickness and Maternity

  1. 1)Every person subject for this purpose to Sickness and Maternity Insurance, and every person who has or may have the right to sickness or maternity compensation, as well as his family members referred to in paragraph 2 of Article 14 of this Law, shall be entitled to medical care.
  2. 2)Medical care shall comprise at minimum:
  3. 3)In case of sickness:
  4. 4)First – Medical examinations: radiography, laboratory tests and analyses.
  5. 5)Second – General medical consultations, including home visits when necessary, and specialist consultations, within the conditions specified in the Fund's internal regulations.
  6. 6)Third – Dental care, after the issuance of a special decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, defining the benefits covered and the methods of their provision (1).
  7. 7)Fourth – Medicines and pharmaceutical preparations that are necessary, provided they appear on the schedule approved by the Fund and are prescribed by a physician or, where appropriate, a dental surgeon.
  8. 8)Fifth – Hospitalisation (accommodation, meals, medical treatment, and surgical operations) in a hospital or other medical institution belonging to the State or to the Fund or approved by the Fund, when a physician determines that hospitalisation is necessary.
  9. 9)Sixth – Supply of prosthetic and orthopaedic appliances listed in the schedule drawn up by the Fund, subject to approval of the medical audit.
  10. 10)In case of maternity:
  11. 11)First – Antenatal and postnatal examinations and care provided by a physician or a legally recognised midwife.
  12. 12)Second – Medicines and pharmaceutical preparations that are necessary, provided they appear on the schedule approved by the Fund and are prescribed by a physician or a qualified midwife.
  13. 13)Third – Hospitalisation (accommodation, meals, medical treatment, and surgical operations) in a hospital, maternity home, or other medical institution belonging to the State or to the Fund or approved by the Fund, when a physician or qualified midwife determines that such hospitalisation is necessary.
  14. 14)- In the event that the permanent reserve fund exceeds the minimum referred to in Article 66 of this Law, the Board of Directors may, after approval of the Council of Ministers, propose a reduction in contributions or an increase in benefits.

1. Decree No. 5104 dated 24/3/2001 was issued authorising the National Social Security Fund to provide dental care and fixing the terms of its provision.

Amended 1972
ARTICLE 18

Objective of Medical Care

  1. 1)Medical care must aim to protect the health of insured persons and to cure them in case of sickness and restore their capacity for work.
  2. 2)Physicians are required in their prescriptions to seek the best balance between maximum economy and effective treatment.
  3. 3)In order to monitor the health of insured persons, the Fund may, in accordance with the methods determined by the Board of Directors, require them to undergo a medical examination by a physician chosen by the Fund, and when appropriate in cooperation with the physician of the institution in which the insured person is employed (2).
  4. 4)The Fund's internal regulations shall specify the number and type of antenatal and postnatal examinations to which women benefiting from insurance must submit, as well as the conditions under which these examinations are to be conducted.
  5. 5)The organisation and operation of the medical audit service shall be defined by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The Board of Directors shall also define in the internal regulations the manner of providing medical care and the rules to be observed for this purpose by insured persons, physicians, dental surgeons, midwives, and medical and pharmaceutical institutions.

2. See Decree No. 4568 dated 30/6/1960 on appointing a physician in each public service and institution subject to labour laws to monitor the health of employees. And Decision No. 594 dated 7/9/1970 defining the modalities of cooperation between occupational physicians in public services and institutions and the National Social Security Fund.

3. See Decree No. 9084 dated 6/1/1968 on organising and operating the medical audit service at the National Social Security Fund.

Amended 1972
ARTICLE 19

Duration of Medical Care

  1. 1)Medical care (1) shall be provided for each episode of illness for a maximum period of 26 weeks.
  2. 2)At the end of the 26-week period, if the Fund's supervising physician considers that the illness can be cured during a new treatment period not exceeding 13 weeks, the Fund shall decide to continue the benefits until the end of this second period.
  3. 3)In cases of illness which the Board of Directors considers to require medical treatment for a cumulative period exceeding 39 weeks, the Board may fix the maximum duration of treatment at one year. At the end of this period, the Fund shall notify the public welfare institutions of the case concerned.
  4. 4)In cases of chronic or intractable illness that does not require continuous absence from work, a special scheme shall define the conditions for providing care and medicines after the expiry of the period specified in paragraph 3 of this Article.

1. Disabled persons were excluded from the provisions of Article 19 by virtue of Article 79 of Law No. 220 dated 29/5/2000.

Amended 1972
ARTICLE 20

Determination of the Insured Persons' Share of Medical Care Costs

  1. 1)The Council of Ministers shall, by a decree adopted upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, fix the share (2) of insured persons in the cost of medical care provided in the event of sickness and maternity pursuant to Article 17, paragraph 2 of this Law.
  2. 2)Notwithstanding the foregoing, in the event of the insured person's temporary incapacity for work, the insured person shall be exempt from co-payment for medical care as of the sixth week of incapacity.

2. See Decree No. 3685 dated 22/6/1993 fixing the co-payment rate for medical care and hospitalisation. And Decree No. 1786 dated 14/2/1979 exempting insured persons from their co-payment for haemodialysis using artificial kidneys.

ARTICLE 21

Method of Providing Medical Care

  1. 1)Medical care shall be provided through physicians, dental surgeons, legally recognised or approved midwives, hospitals, clinics, and other medical and pharmaceutical institutions approved by the Fund. Physicians, dental surgeons, and legally recognised midwives who practise their profession in accordance with professional regulations, as well as legally licensed hospitals and other medical or pharmaceutical institutions, shall be automatically approved subject to their acceptance of the Fund's regulations. Their fees shall be paid in accordance with the rules established by the Fund regarding medical care, after consultation with the relevant professional organisations.
  2. 2)However, in urgent and emergency cases, patients who are unable to consult one of the persons or institutions referred to in the preceding paragraph may resort to a person or institution not approved by the Fund (3), subject to the conditions specified in a decree (4) adopted in the Council of Ministers.
  3. 3)The Fund shall periodically publish a list showing, by area, the names of the persons and medical or pharmaceutical institutions approved by the Fund to provide medical care to insured persons. This list shall be drawn up after consultation with professional organisations and medical institutions, and shall be reviewed using the same procedure.

3. See Decree No. 4989 dated 28/2/1973 defining the medical cases in which recourse may be had to services or institutions not approved by the Fund.

4. See Decree No. 9804 dated 28/1/1997 which repealed Decree No. 1384 dated 16/6/1978 fixing the conditions of application of this paragraph with respect to hospitalisation abroad.

Amended 1972
ARTICLE 22

Construction, Establishment, or Operation by the Fund for its Own Account of Dispensaries or Medical or Pharmaceutical Institutions

  1. 1)Within the scope of the investments referred to in Article 3 of this Law, the Fund may construct, establish, or operate for its own account dispensaries and medical or pharmaceutical institutions, subject to compliance with the legal provisions governing the practice of medicine and pharmacy.
  2. 2)The Fund may directly import from abroad the pharmaceutical preparations and medical or surgical materials it requires. With the approval of the Council of Ministers, it may distribute these pharmaceutical preparations, medical materials, and surgical equipment at cost price to public administrations, public institutions, or institutions of public benefit.
  3. 3)The Board of Directors may, by way of negotiated agreement, transfer the provision of medical treatments, wholly or partially, to the employer or to any natural or legal person who possesses, for this purpose, facilities and equipment that the Board considers satisfactory.
Amended 1971Amended 1972
ARTICLE 33

Types of Medical Care

  1. 1)Medical care shall include:
  2. 2)The types of medical care defined in sub-paragraph (a) of paragraph 2 of Article 17 of this Law.
  3. 3)Provision, maintenance, and replacement of prosthetic appliances, provision of spectacles, and other medical or surgical aids not covered in the preceding sub-paragraph, provided the medical audit certifies the necessity of such items in connection with the accident or occupational disease causing the treatment.
  4. 4)The provisions of Articles 21 and 22 shall apply to all types of medical care provided in the event of an occupational accident or occupational disease.
Amended 1977
ARTICLE 68

Calculation of Contributions

  1. 1)The earnings used as the basis for calculating contributions shall comprise all income derived from employment, including all components and supplements, particularly overtime pay paid on a regular basis, amounts usually paid by third parties (gratuities), and benefits in kind provided to the worker.
  2. 2)The maximum assessable earnings shall be LBP 30,000 (thirty thousand) per year, or LBP 2,500 (two thousand five hundred) per month, or LBP 588 (five hundred and eighty-eight) per week (1). This maximum may be adjusted by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  3. 3)The provisions of paragraph 2 above shall not apply to the calculation of end-of-service indemnity. The wage used for that calculation is the one defined in Article 51 of this Law.
  4. 4)Contributions for Lebanese nationals working for municipalities shall be calculated on the basis of the earnings specified in the preceding paragraphs, provided that these earnings are in no case less than the minimum wage applicable in public administrations. If municipalities fail to pay the contributions due from them, their amount shall be automatically and annually deducted from the revenue allocated to the relevant municipalities from the Independent Municipal Fund (1) in the same decree distributing such revenue, and shall be directly remitted by the Ministry of Interior to the National Social Security Fund.

1. See the following texts that amended the maximum assessable earnings for the Sickness and Maternity Insurance branch: Decree No. 3146 dated 11/4/1986; Article One of Decree No. 3561 dated 21/10/1980; Article One of Decree No. 4253 dated 16/10/1987; Article One of Decree No. 3686 dated 22/6/1993, which set the maximum at three times the official minimum wage; Decree No. 5101 dated 24/3/2001; and Decree No. 9602 dated 21/12/2012, which set the maximum at LBP 2,500,000.

Amended 1982
ARTICLE 69

Assessment of the Monetary Value of Benefits in Kind

The monetary value of benefits in kind, in particular food and accommodation, shall be assessed in the Fund's internal regulations, having regard to average local prices.

ARTICLE 70

Determination of Assessable Earnings for Persons Maintaining Voluntary Insurance Coverage

The Fund's internal regulations shall determine the assessable earnings for persons maintaining their insurance on a voluntary basis pursuant to Article 11 of this Law.

Section 3Occupational Accident Compensation
ARTICLE 23

Method of Claiming and Determining Sickness Compensation

  1. 1)An insured person who suffers from an illness causing temporary incapacity for work certified by an approved physician and resulting in the interruption of earnings, shall be entitled to sickness compensation (1) for each day of incapacity, with no distinction between working days and days off, as of the fourth day of incapacity.
  2. 2)The average daily earnings used as the basis for calculating sickness compensation is the amount derived by dividing by 90 the total earnings, as determined in Articles 68 et seq. of this Law, received by the person concerned during the three months preceding the date of illness. Notwithstanding the foregoing, the Council of Ministers may fix a minimum for these earnings by a decree (2) adopted upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, taking into account the minimum wage legislation.
  3. 3)During the first thirty consecutive days of incapacity, sickness compensation equals 50% of the average daily earnings, and 30% if the patient is hospitalised. These rates shall be raised to 75% and 50% respectively as of the thirty-first day of incapacity, provided the Fund's supervising physician confirms the continuation of the incapacity. In no case shall the compensation exceed the maximum assessable earnings ceiling prescribed in Article 68, paragraph 2 of this Law.

1. Implementation of the Sickness and Maternity Insurance branch has been limited to medical care and funeral expense compensation; provisions on sickness and maternity compensation have not been implemented to date, and Articles 40 et seq. of the Labour Law continue to apply until further notice.

2. No decree has yet been issued defining the minimum daily earnings on which sickness compensation is calculated.

ARTICLE 24

Duration of Receipt of Sickness Compensation

  1. 1)Sickness compensation shall be paid for a maximum period of 26 weeks for each episode of temporary incapacity.
  2. 2)When the conditions set out in paragraph 3 of Article 17 of this Law are met, the Board of Directors may extend the maximum period for payment of sickness compensation to 39 weeks at most in the cases referred to in paragraph 2 of Article 19, and to one year at most in the cases referred to in paragraph 3 of the same Article; if incapacity continues beyond the expiry of the last period, the Fund shall notify the public welfare institutions accordingly.
  3. 3)Sickness compensation shall be paid at the end of each week. Exceptions to this rule may be provided for in the Fund's internal regulations.
ARTICLE 25

Cases of Cancellation of Sickness Compensation

  1. 1)Without prejudice to all other rights, the Fund may cancel sickness compensation, and if necessary reclaim compensation paid without entitlement, in the following cases:
  2. 2)Where the person concerned obtained or attempted to obtain, by fraudulent means, benefits to which he was not entitled.
  3. 3)Where the illness resulted from a felony or misdemeanour committed by the person concerned, or from a deliberate act on his part to obtain benefits.
  4. 4)The Fund may suspend payment of compensation or reduce its amount:
  5. 5)Where the person concerned refuses to submit to the medical and administrative monitoring and examinations provided for in the Fund's internal regulations, or fails to comply with medical instructions after being given permission to cease work.
  6. 6)During any stay by the person concerned outside the country, unless the internal regulations provide otherwise.
  7. 7)During any period in which the person concerned is serving a custodial sentence.
ARTICLE 34

Temporary Disability Compensation

  1. 1)An insured person who suffers, as a result of an occupational accident or occupational disease, a temporary incapacity for work certified by a physician approved by the Fund, shall be entitled to temporary disability compensation for loss of wages for each day of absence from work, with no distinction between the institution's working days and its days off, as from the eleventh day from the date of cessation of work. The employer shall be obliged to pay the full wages for the first ten days of incapacity, and shall also bear, in the cases specified by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, according to the types of occupational activities of the institutions, all or part of the difference between the disability compensation as determined in paragraph 2 of this Article and the average daily earnings defined in paragraph 3 thereof, for the periods specified by the same decree.
  2. 2)The amount of the temporary disability compensation equals three-quarters of the average daily earnings, and one-half thereof when the insured person is hospitalised.
  3. 3)The average daily earnings used as the basis for calculating temporary disability compensation is derived by dividing by 360 the total earnings, as determined in Articles 68 et seq. of this Law, received by the person concerned during the twelve months preceding the date of cessation of work. If the insured person had not worked during the preceding twelve months, or if his employment began less than twelve months prior, the earnings used for calculating the average daily earnings shall be those the insured person would have actually received had he worked under the same conditions during the said period.
  4. 4)If the annual earnings used as the basis for calculating the compensation exceed twice the maximum annual ceiling defined in Article 68 of the Social Security Law, they shall be reduced to that amount.
  5. 5)The Council of Ministers may fix a minimum for the daily compensation for temporary disability by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors, taking into account the minimum wage legislation and cost-of-living increases.
  6. 6)Temporary disability compensation shall be paid until the insured person's recovery or until the date of commencement of the permanent disability pension as defined in paragraph 6 of Article 35 below.
  7. 7)The provisions of paragraph 3 of Article 24 and Article 25 of this Law shall apply to occupational accident compensation.
  8. 8)The Fund's internal regulations shall define the procedure for applying the provisions of the foregoing paragraphs.

1. No decree has yet been issued obliging the employer to bear all or part of the difference between the disability compensation and the average daily earnings.

Amended 1977
ARTICLE 71

Fixing of Contribution Rates by Decree

Contribution rates shall be fixed by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors; they shall be expressed as a percentage of assessable earnings, enabling their revenues to cover benefits, administrative expenses, and the permanent reserve fund referred to in Article 66 of this Law. Occupational Accidents and Diseases Insurance contribution rates may be differentiated according to the type of occupational activities.

3. See: Decree No. 2951 dated 20/10/1965 fixing the percentage rate for the End-of-Service Indemnity system contribution; Decree No. 2195 dated 31/1/1992 on contribution rates for the Family and Educational Allowances system for non-government institutions; Decree No. 2181 dated 29/1/1992 on contribution rates for government institutions; Decree No. 3686 dated 22/6/1993 on Sickness and Maternity Insurance contribution rates for non-government institutions; Decree No. 3684 dated 22/6/1993 for government institutions; Law No. 1 dated 5/1/1989 on insurance for public-transport drivers; and Decree No. 3683 dated 22/6/1993 defining the monthly earnings basis for calculating contributions for newspaper vendors, magazine sellers, and public-transport drivers.

Amended 1977
ARTICLE 72

Fixing of a Flat-Rate Contribution Amount by the Board of Directors

The Board of Directors may fix a flat-rate contribution amount payable by the following categories:

  1. 1)Enterprises employing fewer than ten employees.
  2. 2)Trainees and apprentices.
  3. 3)Agricultural workers referred to in Article 9, paragraph 2 of this Law (1), as well as certain categories of agricultural workers referred to in Article 10 of this Law.
  4. 4)Employees whose total income or part thereof consists of gratuities or allowances paid by persons other than employers.
  5. 5)Domestic workers employed in private households.
  6. 6)Daily workers referred to in the internal regulations.
  7. 7)Institutions that have been granted public benefit status by the Government (2).
  8. 8)The contribution payable by associations for persons with disabilities and service institutions shall be fixed at fifteen per cent (15%) of the contribution applicable to institutions not subject to a reduced or flat-rate contribution, for all branches except End-of-Service Indemnity. The application for this exemption shall be submitted on the basis of a certificate issued by the Ministry of Social Affairs in accordance with the applicable procedures. As regards the End-of-Service Indemnity branch, the Board of Directors of the National Social Security Fund shall fix the contribution payable by this category of institutions or associations.

1. Paragraph 2 of Article 9 was radically amended by Law No. 75/16 dated 11/4/1975; agricultural workers are now subject to paragraph 1 of Article 9.

2. See Legislative Decree No. 87 dated 30/6/1977 on institutions of public benefit.

Amended 1977Amended 2000
ARTICLE 73

Allocation of Contributions to Employers and Definition of the Limitation Period

1- Contributions for Occupational Accidents and Diseases Insurance, Family and Educational Allowances, and End-of-Service Indemnity shall all be borne by employers. Where an employee's wage is reduced during employment with the same employer, the employer's contribution shall continue to be calculated on the basis of the higher wage. The employer's obligation to pay contributions to the End-of-Service Indemnity Fund ceases when the compulsorily or voluntarily insured employee reaches sixty years of age, or the insured female reaches fifty-five, at which point they become entitled to receive the end-of-service indemnity (3). If an employee who has not yet reached age 55 or 60 continues in service after receiving end-of-service indemnity, the employer shall pay the annual contribution until the employee reaches that age, after which the account shall be settled at the rate of one month per year of service with no additional compensation.

  1. 1)Sickness and Maternity Insurance contributions shall be borne by the insured persons, their employers, and the State. The State shall bear 25% of the cost of benefits relating to that insurance; the contribution rates borne by employers and employees shall be fixed by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. Contributions relating to trainees and persons who do not receive cash wages exceeding an amount determined by the Board of Directors shall be borne entirely by employers.
  2. 2)Contributions of persons affiliated to voluntary insurance as provided in Article 11 of this Law shall be borne entirely by those persons; however, the State contribution referred to in the preceding paragraph shall apply to voluntary Sickness and Maternity Insurance.
  3. 3)4-
  4. 4)The limitation period for contributions and late-payment surcharges referred to in Articles 71 et seq. of the Social Security Law, and for all other debts owed to the Fund by employers, is five years from the date of the declaration relating to the insured person in respect of whom the debt is owed, subject to a maximum of ten years from the date of entitlement.
  5. 5)The limitation period shall be suspended and interrupted for the reasons set out in the Code of Obligations and Contracts (1), and by the formal notice referred to in Article 78 of the Social Security Law.
  6. 6)The limitation period for amounts paid to the Fund that were not due is five years from the date of payment.
  7. 7)The limitation period for settlement amounts arising upon liquidation of the insured person's account pursuant to paragraph 4 of Article 54 of the Social Security Law is five years from the date of entitlement as defined in the Fund's internal regulations.
  8. 8)5-
  9. 9)Debts owed to the Fund may be written off and removed from the accounts or recorded in special off-budget accounts pursuant to a decision of a special committee of the Fund if the debt is trivial or irrecoverable. The Fund's internal regulations shall define the value of accumulated amounts considered trivial and the conditions required for a debt to be deemed irrecoverable.
  10. 10)The decisions of the committee referred to in the preceding sub-paragraph shall be final and binding on the Fund.
  11. 11)The Fund's internal regulations shall define the details and procedures for applying this paragraph, as well as the composition of this committee and its working methods. The committee shall be appointed by a decision of the Board of Directors upon the proposal of the Director General, for a term of one year, renewable.
  12. 12)All debts owed to the Fund by employers and persons subject to insurance, particularly contributions, late-payment surcharges, and settlement amounts referred to in paragraph 4 of Article 54 of the Social Security Law, shall rank as privileged debts classified immediately after the State's debt, and this privilege shall attach from registration.

1. See Articles 354 to 359 of the Code of Obligations and Contracts dated 9/3/1932 regarding the suspension and interruption of the limitation period.

3. See Law No. 87/2 dated 6/1/1987 amending the age at which coverage under the End-of-Service Indemnity system as provided in the Social Security Law ends.

Amended 1977Amended 1982
ARTICLE 74

Determination of Sickness and Maternity Insurance Contributions for Certain Insured Persons as a Percentage

Sickness and Maternity Insurance contributions payable by insured persons who benefit only from medical care shall be fixed at a percentage rate lower than the contribution rate applicable to other insured persons.

ARTICLE 75

Additional Surcharge Imposed on an Employer who Commits Negligence

  1. 1)Without prejudice to the penalties provided for in other laws, the Fund may, with respect to Occupational Accidents and Diseases Insurance, impose on an employer who commits negligence, or whose equipment does not comply with the regulatory provisions on worker protection, safety, and health, or where the rate of exposure to occupational accidents and diseases is high, an additional surcharge on the contributions referred to in Article 71 of this Law. The Fund may, upon the employer's request, refund part of the contributions paid if the employer's equipment and the measures taken comply with the provisions of this Law and the rate of exposure to accidents in the institution is low. The conditions of application of this Article shall be defined in the Fund's internal regulations.
  2. 2)An employer who fails to report an occupational accident or occupational disease within the period specified in paragraph one of Article 58 shall be liable to a fine ranging between one hundred and one thousand Lebanese pounds (1). Fines shall be imposed in proportion to the violations. In the event of recurrence within the same year, the penalties shall be doubled.

1. See Article 30 of Law No. 89 dated 7/9/1991, which increased the fines imposed by courts.

Amended 1977
ARTICLE 76

Determination by the Board of Directors of Rules for Applying the Social Security Law

The Board of Directors shall, in accordance with the provisions of Article 3 of this Law, define the rules governing the registration of employers and insured persons, declarations of entry into and departure from employment, methods of paying contributions, surcharges, and advances, as well as all other measures necessary for the application of this Law.

Section 4Disability Pension
ARTICLE 26

The Insured Female's Right to Maternity Compensation

  1. 1)Every insured female is entitled to maternity compensation (1) for the period of ten weeks during which the delivery occurs (2), provided she refrains from work and does not receive any wage during that period.
  2. 2)Maternity compensation equals two-thirds of the average daily earnings specified in paragraph 2 of Article 23 of this Law, which would have been used as the basis for calculating sickness compensation as of the date the person concerned ceased work.
  3. 3)The provisions of paragraph 3 of Article 23 and paragraph 2 of Article 25 of this Law shall apply mutatis mutandis to maternity compensation.

1. The provisions on maternity compensation have not been implemented to date; the provisions of Articles 28 and 29 of the Labour Law dated 23/9/1946 continue to apply.

2. Maternity compensation is due to the insured female regardless of whether the child was born alive or stillborn.

ARTICLE 35

Right to a Disability Pension and its Determination

  1. 1)An insured person who, as a result of an occupational accident or occupational disease, suffers a permanent and total disability certified by the Fund's medical audit service, shall be entitled to a lifelong disability pension equal to two-thirds of his annual earnings.
  2. 2)An insured person who, as a result of an occupational accident or occupational disease, suffers a permanent and partial disability certified by the Fund's medical audit service, shall be entitled to:
  3. 3)If the assessed degree of disability is at least 30%, a disability pension whose amount is determined in proportion to the degree of disability relative to the pension he would have received in the event of permanent total disability.
  4. 4)If the assessed degree of disability is less than 30%, a lump-sum compensation fixed once and for all, equal to three annual instalments of the partial disability pension to which he would be entitled if such a pension were payable for the degree of disability he sustained.
  5. 5)The rate of permanent disability applicable to the various types of injury shall be defined in a schedule established by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors.
  6. 6)An insured person receiving a permanent disability pension who requires continuous assistance from another person shall be entitled to an additional compensation whose amount is fixed in the internal regulations.
  7. 7)The annual earnings used as the basis for calculating the disability pension equal 360 times the average daily earnings as defined in paragraph 3 of Article 34 of this Law, or the income actually earned during the twelve consecutive months immediately preceding the month in which the accident occurred or the disease manifested itself, whichever is more favourable to the insured person. The provisions on the minimum and maximum limits set out in Article 34 of this Law shall apply to the annual earnings used as the basis for calculating the disability pension and to the disability pension itself.
  8. 8)The disability pension becomes payable at the latest as of the first day of the thirteenth month following the month in which the accident occurred or the occupational disease manifested itself. However, this period may be extended for a maximum of one further year upon the request of the treating physician and with the approval of the Fund's medical audit.
  9. 9)The disability pension shall be paid in advance; the methods of payment shall be defined in the internal regulations.

2. No decree has yet been issued defining the rate of permanent disability for the various types of injury.

Amended 1977
ARTICLE 36

Review of the Disability Pension

  1. 1)The Fund shall review the amount of the pension, either spontaneously or upon request of the person concerned, if the Fund's medical audit certifies a significant aggravation or improvement following the settlement of the disability pension. A review shall also be conducted in the event of the beneficiary's return to work.
  2. 2)Notwithstanding the foregoing, a pension may not be reviewed once six months have elapsed since its settlement, except year by year at minimum. This rule shall not apply if a new curative treatment was used in the meantime, if the temporary aggravation of the effects of the occupational accident or occupational disease has subsided, or in the event of the beneficiary's return to work.
Amended 1977
ARTICLE 37

Insured Person Suffering a Second Occupational Accident or Occupational Disease

If a beneficiary of a disability pension suffers a further occupational accident or occupational disease, the amount of the pension shall be redetermined taking into account the cumulative total of all injuries sustained. If the beneficiary's annual earnings at the time of the subsequent accident or disease exceed the annual earnings used as the basis for calculating the first pension, the new pension shall be calculated on the basis of the higher earnings.

ARTICLE 38

Cancellation of the Occupational Accident or Occupational Disease Pension and Recovery of Compensation Paid

  1. 1)The occupational accident or occupational disease pension shall be cancelled and, where appropriate, compensation paid without entitlement shall be recovered, in the following cases:
  2. 2)Where the person concerned obtained or attempted to obtain, by fraudulent means, benefits to which he was not entitled.
  3. 3)Where the disease or accident resulted from a felony or misdemeanour committed by the person concerned, or from a deliberate act on his part.
  4. 4)The Fund may suspend payment of compensation or reduce its amount:
  5. 5)Where the person concerned refuses to submit to the medical and administrative monitoring and examinations provided for in the Fund's internal regulations, or fails to comply with medical instructions after being authorised to stop work.
  6. 6)During any stay by the person concerned outside the country, unless the internal regulations provide otherwise.
  7. 7)During any period in which the person concerned is serving a custodial sentence.
Amended 1977
ARTICLE 77

Obligations of Employers and Fund Inspectors

  1. 1)Employers shall be subject to the Fund's supervision with respect to the application of the provisions of this Law and the implementing decrees and regulations.
  2. 2)The supervisory functions shall be performed by inspectors in the Fund's establishment. The Fund's internal regulations shall define the special inspection establishment, the inspectors' powers, the rules of supervision referred to in paragraph 1 of this Article and the procedures for conducting it, as well as the procedures for submitting documentary objections to the reports and financial statements drawn up by inspectors.
  3. 3)Fund inspectors referred to in paragraph 2 of this Article must, before commencing their duties, take the following oath before the civil courts in Beirut: «I swear to carry out my duties with full integrity and faithfulness, and not to disclose trade secrets or investment methods that I may learn of in the exercise of my duties».
  4. 4)Any violation of the oath referred to in paragraph 3 of this Article shall expose the inspector to the penalties provided in Article 579 of the Penal Code.
  5. 5)The violation reports, financial assessment notices, and reports drawn up by inspectors as a result of their supervisory work pursuant to paragraph 2 of this Article shall be deemed authentic until proven otherwise. Information relating to the identity and address of the offender shall be obtained through the public prosecutor's office if the offender refuses to provide such information or obstructs the inspector from obtaining it.
  6. 6)Employers are required to record, without blanks, insertions, erasures, or corrections, in a special register maintained in accordance with a model drawn up by the Fund's administration, the name, date and place of birth, wage, and additional benefits of each person subject to insurance, before they commence work, as well as the date of cessation of work or dismissal within three days at the most following such cessation.
  7. 7)Employers are required to make available to Fund inspectors the register referred to in paragraph 6 of this Article, as well as all books, papers, and accounting documents containing or capable of containing wage records and details of persons subject to insurance and information relating to them.
  8. 8)Employers or their representatives must receive Fund inspectors at the times fixed for them, and provide them with the explanations, information, documents, and supporting evidence requested relating in particular to the enterprise's activities, changes in the situation of insured persons, the dates of commencement and cessation of their employment, their place of work, and the type, amount, and method of calculating their wages or earnings.
  9. 9)If an employer or his representative or any person connected with them or the enterprise obstructs an inspector in the performance of his duties or for any reason related thereto, or prevents him from carrying out those duties, or impedes his work, the offender shall be liable, in addition to the penalties provided in the Penal Code, to a fine ranging between 500 and 1,000 Lebanese pounds (1) and imprisonment for one to three months, or either of these penalties, with the penalty doubled in the event of recurrence.
  10. 10)Fund inspectors may request the assistance of public administrations and security forces to carry out their assigned duties.

1. See Article 30 of Law No. 89 dated 7/9/1991, which increased the fines imposed by courts.

Amended 1977
ARTICLE 78

Effect of the Employer's Failure to Submit Documents

Where an employer fails to submit, within the prescribed time limits, the documents relating to wages, or fails within the same time limits to submit the registers or other declarations provided for in the Fund's internal regulations, or if these documents are incomplete, the Fund shall send him a registered letter requesting him to rectify his situation and comply with the legal and regulatory provisions within eight days of receiving the notice. If the employer fails to comply with the content of the notice within that period, the Fund shall be entitled to unilaterally assess the contributions due on a definitive basis. Decisions relating to the assessment of contributions shall be enforced through the enforcement departments (2).

Amended 1967
ARTICLE 79

Increases on Unpaid Contributions and Methods of Collection

  1. 1)Contributions not paid within the prescribed period shall automatically be increased at the rate of one-half per thousand per day of delay.
  2. 2)The late-payment increase referred to in the preceding paragraph shall be collected by the Fund when contributions are paid; if the employer refuses to pay it upon settling the contributions, it shall be collected in accordance with the procedures applicable to the collection of contributions and other debts owed to the Fund.
Amended 1977
ARTICLE 80

Penalties Imposed on an Employer who Violates the Law

  1. 1)An employer who unlawfully withholds the contribution deducted from the wage or earnings of a person subject to insurance and due to the Fund shall be liable to imprisonment from three to six months or a fine of between 100 and 1,000 Lebanese pounds (4) or both penalties, if he fails to pay the amount owed within a maximum period of fifteen days from the date of service upon him by legal means of a formal demand for payment.
  2. 2)An employer who fails to maintain the register referred to in paragraph 6 of Article 77 of this Law shall be liable to a fixed fine of 400 Lebanese pounds for each person omitted from the register, or for whom the required information was not recorded or was not recorded in time. The penalty shall be doubled if the employer fails to pay the fine within fifteen days of the date of drawing up the violation report.
  3. 3)a- The employer is required to inform the Fund within one month at most of the date of occurrence of any legal or administrative changes to his enterprise that may affect the application of the Social Security Law. These cases shall be defined in the Fund's internal regulations.
  4. 4)An employer who fails to notify the Fund of the changes referred to in the preceding sub-paragraph shall be liable to a fine of between 200 and 1,000 Lebanese pounds.
  5. 5)Where an enterprise is sold, transferred, or made the subject of any contract referred to in Legislative Decree No. 11 dated 11/7/1967, all parties to the contract are required to notify the Fund of this fact within three days at most of the date of its occurrence.
  6. 6)Any person who fails to fulfil the obligations specified in the preceding sub-paragraph shall be liable to the fine provided in sub-paragraph (b) of this paragraph and shall become jointly and severally liable with the principal debtor or debtors for the amounts owed to the Fund, notwithstanding any contrary provision.
  7. 7)a- An employer who fails to declare the entry into employment or the departure from employment of a person subject to insurance within fifteen days of the date of entry or departure shall be liable to a fine of between 100 and 1,000 Lebanese pounds. If the delay in declaration exceeds three months from the date of entry or departure, the offender shall be liable to an additional fine of 50 Lebanese pounds per month per person, subject to a maximum total fine in all cases of 1,000 Lebanese pounds per person.
  8. 8)The Fund shall not require a declaration in respect of a person subject to insurance who worked for fewer than ten days, unless that person belongs to a category for which the Fund's internal regulations provide special treatment. This does not exempt the employer from registering such a person in the special register referred to in paragraph 6 of Article 77 of this Law.
  9. 9)An employer who fails to submit the annual nominal declaration required by the Fund's internal regulations within the prescribed period shall be liable to a fine of 500 Lebanese pounds if the enterprise pays contributions on a monthly basis, and 200 Lebanese pounds if contributions are paid on a non-monthly basis. If the delay exceeds three months, the offender shall be liable to an additional fine of 10 Lebanese pounds per month per person subject to insurance; a fraction of a month counts as a full month, subject to a minimum total fine of five hundred pounds and a maximum of five thousand Lebanese pounds. The fine shall be automatically collected by the Fund upon submission of the annual nominal declaration; if the employer refuses to pay it at the time of submission, it shall be collected in accordance with the procedures for collecting contributions and other Fund debts.
  10. 10)Offenders against the provisions of paragraphs 1, 3, and 4 of this Article shall not be prosecuted before courts if they pay the minimum basic fine and any additional fines due in proportion to the period of delay for violations under paragraph 4 above, within fifteen days of the date of drawing up the violation report. This paragraph shall not apply in the event of recurrence within one year.
  11. 11)a- Fines imposed shall be paid to the administration of the National Social Security Fund.
  12. 12)The penalty shall be doubled in the event of recurrence within one year.

3. See Articles 1 to 6 of Decree No. 9816 dated 4/5/1968 on penalties for violations of the rules governing the employment of workers.

4. See Article 30 of Law No. 89 dated 7/9/1991 (Budget Law) which increased the fines imposed by courts, and Article 2 of Law No. 753 dated 22/5/2006 which tripled all fines in the Social Security Law.

Amended 1977
ARTICLE 81

Penalties Imposed on Persons who Unlawfully Receive Benefits

Without prejudice to the provisions of Articles 25 and 34 of this Law, any person who intentionally benefits personally or intentionally enables another to benefit from benefits to which he is not entitled, through fraud or by submitting false or untrue declarations, shall be liable to a fine of between 500 and 2,000 Lebanese pounds, in addition to any custodial sentence to which he may be subject under the Penal Code, and shall be obliged to reimburse the Fund for the amounts paid without entitlement.

Amended 1977
ARTICLE 82

Cases of Non-Compliance by an Employer with the Provisions of the Social Security Law

In cases other than those provided for in Articles 80 and 81 above: if an employer fails to comply with the provisions of this Law, the Director General of the Fund shall send him a registered letter calling upon him to rectify his situation within eight days; the Director General must refer the matter to the labour courts for adjudication pursuant to Article 85 below if the employer fails to comply with the request.

ARTICLE 83

Consequences of Failure to Declare an Employee or Delay by the Employer in Paying Contributions

With respect to the Occupational Accidents and Diseases Insurance branch, where an employee has not been declared or where the employer is in arrears in paying the contributions due from him, wholly or partly, up to and including the day of the accident, the Fund shall provide the employee with all benefits due to him, and the employer shall remain a debtor of the Fund for an amount equal to the total benefits due or paid to the employee or to the entitled beneficiaries after him, until full payment of the contributions and the corresponding surcharges.

Section 5Survivors' Pensions following Death of Insured
ARTICLE 27

Determination of Funeral Expense Compensation

Funeral expense compensation is fixed at 150% of the official minimum wage in force and is paid:

  1. 1)To the insured person himself, in the event of the death of one of his family members specified in Article 14, paragraph 2 of this Law.
  2. 2)To the entitled beneficiaries referred to in Article 14, paragraph 2 of this Law, in the event of the death of the insured person.
Amended 1987
ARTICLE 39

Receipt of Pensions in the Event of the Insured Person's Death

In the event of an insured person's death as a result of an occupational accident or occupational disease, the persons exhaustively listed in the law placed into force by Decree No. 8496 dated 2/8/1974, in accordance with the order of priority and the proportions set out therein, shall be entitled to the survivors' pension determined in Article 40 below.

Amended 1977
ARTICLE 40

Determination of the Survivors' Pension Following the Death of the Insured Person

  1. 1)This pension shall equal two-thirds of the annual earnings as defined in paragraph 5 of Article 35 above.
  2. 2)If there is only one entitled beneficiary, this pension shall be reduced to 50% of the said earnings.
Amended 1977
ARTICLE 41

Division of Compensation Among the Insured Person's Widows

If the insured person leaves several lawful widows, they shall share equally the compensation provided for a widow.

Amended 1977
ARTICLE 42

Period of Entitlement to the Survivors' Pension

The survivors' pension shall become payable:

  1. 1)In the event of the death of an insured person who was in receipt of a disability pension, as of the first day of the month following the month in which the insured person died.
  2. 2)In the event of the death of an insured person who had not yet received a disability pension, as of the date of death.
  3. 3)The pension shall be due as of the dates specified in (a) and (b) above if the application for the pension is submitted within one year following the date of death. In other cases, the pension shall become payable as of the first day of the month following the month in which the application was submitted.
Amended 1977
ARTICLE 43

Methods of Payment of the Survivors' Pension Following the Insured Person's Death

The survivors' pension shall be paid in advance; the methods of payment shall be defined in the internal regulations.

Amended 1977
ARTICLE 44

Forfeiture of the Right to a Pension

The right to a pension shall be forfeited upon the death of the beneficiary or upon the remarriage of the widow or widower. In the latter case, the widow or widower shall receive a lump sum equal to three years' worth of pension instalments. The right of the remaining beneficiaries to the survivors' pension shall lapse if they no longer satisfy the conditions required for entitlement, as of the end of the month in which those conditions ceased to be met. Where the right of a beneficiary lapses for the reasons stated above, his share shall be redistributed among the remaining beneficiaries, without prejudice to the application of the provisions of paragraph 2 of Article 40.

Amended 1977
Section 6Funeral Expense Compensation
ARTICLE 45

Payment of a Lump-Sum Compensation to Entitled Beneficiaries

In the event of an insured person's death as a result of an occupational accident or occupational disease, a lump-sum compensation shall be paid to the entitled beneficiaries defined in Article 39 of this Law, whose amount shall be fixed by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors of the Fund.

1. No decree has yet been issued fixing the amount of the lump-sum compensation for entitled beneficiaries.

Amended 1977
ARTICLE 7

Branches of Social Security

Social security shall comprise the following branches:

  1. 1)Sickness and Maternity Insurance.
  2. 2)Occupational Accidents and Occupational Diseases Insurance (3).
  3. 3)Family and Educational Allowances System (4).
  4. 4)End-of-Service Indemnity System.
  5. 5)It shall be implemented in three phases.

1. See Decree No. 7256 dated 8/5/1967 and its amendments, concerning the composition of the Medical Committee attached to the National Social Security Fund.

2. See Article 2 of Decision No. 1/594 dated 7/9/1970 defining the modalities of cooperation between occupational physicians in public services and institutions and the National Social Security Fund.

3. See Article One of Law No. 248 dated 9/8/2000 on establishing an optional health insurance system for elderly Lebanese citizens.

4. By virtue of Article One of Law No. 155 dated 22/7/1992, the designation «Family Compensation System or Branch or Fund» was repealed wherever it appeared in the draft law placed into force by Decree No. 13955 dated 26 September 1963 and its amendments, and replaced by «Family and Educational Allowances System or Branch or Fund».

5. This Law was published in the Official Gazette, supplement to issue No. 78 dated 30/9/1963.

6. Implementation of the branches commenced at intervals determined by Decree No. 14035/1970 (Sickness and Maternity), Decree No. 2957/1965 (Family and Educational Allowances), and Decree No. 1519/1965 (End-of-Service Indemnity). The Occupational Accidents and Diseases branch has not been implemented to date.

ARTICLE 8

Commencement of the Phases of Social Security

The first phase shall begin no later than twenty days after the date of publication of this Law in the Official Gazette (5). The date on which each branch listed in the preceding Article shall commence implementation shall be fixed by a decree (6) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The second phase shall begin no later than two years after the date on which the last branch of the first phase is placed into force. The third phase shall begin no less than two years after the date on which the second phase is placed into force.

ARTICLE 9

Definition of Persons Entitled to Benefits from the National Social Security Fund from the First Phase

First The following persons shall be subject to the provisions of this Law from the first phase, provided they work within Lebanese territory:

  1. 1)With regard to all branches mentioned in Article 7:
  2. 2)Lebanese employees (workers and staff) whether permanent, temporary, apprentices, seasonal, or trainees (1), regardless of the contract under which they work for one or more employers, Lebanese or foreign; regardless of the duration, nature, type, or validity of the contracts binding them to their employer; and regardless of whether remuneration is paid wholly or partly as wages, commissions, a share of profits, or in any other form, whether paid by the employer or by third parties such as gratuities.
  3. 3)Lebanese employees not bound by a specific employment contract working in the maritime, port, contracting, construction, and press sectors, as well as other Lebanese employees not bound by a specific employment contract, regardless of the nature or manner of their earnings.
  4. 4)Members of the teaching staff in higher education institutions referred to in the Law on the Organisation of Higher Private Education dated 26/12/1961 and in the technical institutes referred to in Article 12 of Implementing Decree No. 7880 dated 25/7/1967 (2).
  5. 5)The dates on which each branch of social security shall commence for each of the sectors and categories mentioned in sub-paragraphs (b) and (c) above, and the conditions of coverage for temporary and seasonal employees referred to in sub-paragraph (a), shall be fixed by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  6. 6)Lebanese nationals working for the State, municipalities, any administration, public institution, independent service, or those dealing with foreign agencies (3) (4), regardless of the duration, nature, type, or validity of their appointment or contractual engagement.
  7. 7)Persons mentioned above shall be subject to the End-of-Service Indemnity branch and contributions shall be paid on their behalf from the date of their entry into employment if they are still engaged therein. Persons who entered employment before 1/5/1965 and continued therein may opt to join the End-of-Service Indemnity Fund within one year of the date of publication of this Law in the Official Gazette, in accordance with the procedures and conditions specified in Law No. 27 dated 25/9/1974.
  8. 8)With respect to the Family and Educational Allowances and Sickness and Maternity branches, any allowances actually paid to those persons or any contributions actually paid on their behalf under those two branches shall not have retroactive effect.
  9. 9)Permanent State officials as defined in paragraph 2 of Article One of Legislative Decree No. 112 dated 12/6/1959 are excluded from the provisions of this sub-paragraph.
  10. 10)[Paragraph added by Law No. 82/3 dated 28/1/1982]:
  11. 11)Lebanese nationals working for municipalities are excluded from the effective date of coverage set out in this sub-paragraph and shall be subject to the Sickness and Maternity, Family and Educational Allowances, and End-of-Service Indemnity branches only under the following conditions:
  12. 12)For the Sickness and Maternity and Family and Educational Allowances branches:
  13. 13)Without any retroactive effect, as of 1/4/1982 (5).
  14. 14)For the End-of-Service Indemnity branch:
  15. 15)Effective from the date of contributions actually paid, as of the aforesaid date (1/4/1982), provided that the period already elapsed by that date is taken into account. Municipalities shall settle their prior indemnities in accordance with Article 53 and submit the settlement account to the Fund within four months of the effective date of this Law. These accounts shall remain held in full by the municipalities until a settlement is requested and one of the legally prescribed circumstances arises. Entitlement to the indemnity and payment of the prior period account along with the settlement amount arising from its liquidation, in accordance with legal provisions, shall be effected within one month of the date of the Fund's demand for payment. Municipalities shall not be required to pay any contribution arrears previously paid to the Fund under Law No. 75/16, nor to repay any allowances actually paid under that Law.
  16. 16)[Paragraphs added by Law No. 86/7 dated 11/2/1986]:
  17. 17)- Lebanese nationals working for the National Council for Scientific Research are excluded from the effective date of coverage set out in this sub-paragraph and shall be subject to the Sickness and Maternity, Family and Educational Allowances, and End-of-Service Indemnity branches only under the following conditions (2):
  18. 18)For the Sickness and Maternity and Family and Educational Allowances branches:
  19. 19)Without any retroactive effect, as of 1/1/1986.
  20. 20)For the End-of-Service Indemnity branch:
  21. 21)Effective from the date of contributions actually paid, as of the aforesaid date (1/1/1986), provided the period already elapsed is taken into account. The National Council for Scientific Research shall settle its prior indemnities pursuant to Article 53 and submit the settlement account to the Fund within four months of the effective date of this Law. The rules applicable to municipalities set out above apply mutatis mutandis.
  22. 22)The categories of public-transport drivers and other categories of Lebanese nationals (3) not mentioned (4) in this Article whose mandatory coverage from the first phase appears necessary for some or all social security branches (5), shall be defined by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  23. 23)Permanent State officials as defined in sub-paragraph (d) of clause 1 above of this section (First), excluding military personnel and members of the Internal Security Forces and General Security.
  24. 24)The Civil Servants Cooperative (1) shall continue to provide the benefits or benefit supplements not supplied by the Social Security Fund to its affiliates, and the State's financial contribution to the Cooperative shall be fixed by a decree adopted in the Council of Ministers.
  25. 25)Members of the teaching staff (2) in all private schools (3), whether in the establishment or outside it.
  26. 26)Lebanese students (4) and students of no defined nationality or under-defined nationalities enrolled in higher education institutions (5) and technical institutes (6).
  27. 27)Foreign students residing in Lebanon, pursuant to bilateral agreements concluded between Lebanon and their countries of origin (7).
  28. 28)The conditions for covering and extending benefits to the categories referred to in clause (3) above shall be fixed by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  29. 29)Physicians admitted to the Fund under the provisions of the Social Security Law and internal regulations, by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors (8).

Second Lebanese employees who are contracted in Lebanon with an enterprise having its principal place of business or a branch therein, and who work abroad, shall not be subject to or benefit from all or some branches of social security if they are subject to and benefit in the country where they work from comparable benefits of at least an equivalent standard to those provided under the Social Security Law; the burden of proof lies with the employer. In all circumstances, the employees mentioned above who commence work in Lebanon and are subsequently transferred abroad, or who return from abroad to work in Lebanon, shall remain subject to the End-of-Service Indemnity branch. In this case, the basis for calculating contributions shall be the basic salary or wage, excluding the allowances paid during or in connection with work abroad.

Third

  1. 1)Foreign employees working on Lebanese territory who are bound to one or more employers, and the employers who employ them, shall be subject to all obligations set out in the Social Security Law under the prescribed conditions, insofar as the Sickness and Maternity Insurance, Family and Educational Allowances, and Occupational Accidents and Diseases Insurance branches are concerned. Employers shall not be subject to obligations relating to the End-of-Service Indemnity branch, and foreign employees shall not be entitled to benefits under that branch.
  2. 2)Foreign employees referred to above shall benefit from the benefits provided under the Social Security Law, provided they hold a valid work permit under the applicable laws and regulations, and provided the State of which they are nationals grants Lebanese nationals equality of treatment with its own nationals in respect of social security.
  3. 3)The countries that reciprocate Lebanon's treatment in respect of social security, and the conditions under which their nationals may benefit, whether for all or some branches, shall be determined by decisions issued by the Board of Directors after consulting the Ministry of Foreign Affairs.
  4. 4)Family members of a foreign insured person who do not permanently reside on the territory of the Lebanese Republic shall not benefit from the social security system, with the exception of end-of-service indemnity.
  5. 5)The provisions of this section (Third) shall not apply to the employees referred to in sub-paragraph (b) of clause (1) of section (First) of this Article, such that only Lebanese employees shall be subject to and benefit from the provisions of that sub-paragraph.

[Paragraph added by Law No. 128 dated 24/8/2010]: - Palestinian refugees who work and reside in Lebanon and are registered with the Ministry of Political and Refugee Affairs – Ministry of Interior and Municipalities – shall be subject solely to the provisions of the Labour Law with respect to End-of-Service Indemnity and Occupational Accidents. - Employer beneficiaries among Palestinian refugee workers are exempted from the reciprocity requirement (1) set out in the Labour Law and Social Security Law, and shall benefit from End-of-Service Indemnity under the same conditions as a Lebanese worker. The administration of the National Social Security Fund shall maintain a separate, independent account for the contributions due from Palestinian refugee workers, and neither the Treasury nor the National Social Security Fund shall bear any obligation or financial commitment vis-à-vis that account. Persons covered by this Law shall not benefit from the Sickness and Maternity Insurance or Family Allowances funds.

Fourth Foreign employees working in Lebanon under contracts concluded abroad with foreign enterprises shall not be subject to the Social Security Law if they are entitled in the country to which they belong, the country in which the contract was concluded, or the country of which they are nationals, to social benefits that are, taken as a whole, at least equivalent to those provided under Lebanese social security.

Fifth

  1. 1)Journalists as defined in Articles 10 and 11 of the Press Law dated 14 September 1962 shall be subject to all branches of social security, and all provisions of Law No. 56/1965 relating thereto are hereby repealed.
  2. 2)With respect to these journalists and insofar as the End-of-Service Indemnity branch is concerned, the following provisions apply: The employer is required to draw up for each journalist in his employ a statement of the indemnity accrued in respect of the period of continuous service completed from the date of employment to the date of entry into force of this Law (3).
  3. 3)This statement shall be calculated pursuant to the Labour Law. The employer shall deposit the statement with the Fund within one month of the date of entry into force of this Law and shall send a copy to the journalist. If the employer fails to draw up the statement within that month, the National Social Security Fund may draw it up automatically based on available information and the journalist's declaration. The statement as drawn up by the Fund shall be served on the employer by legal means and shall become final one month after the date of service if no objection is raised pursuant to Article 53 of the Social Security Law.
  4. 4)The End-of-Service Indemnity recorded in the statement referred to in the preceding clause shall be due and payable from the date of entry into force of this Law, and the schedule for payment of amounts due from the employer shall be determined in accordance with the Fund's internal regulations.

Sixth 1- For purposes of this section, the term «retiree» means a person whose service ended due to reaching the statutory retirement age, and a person whose service ended due to disability. Insured persons covered by the Sickness and Maternity Insurance branch of the National Social Security Fund whose mandatory affiliation has ended or ends due to retirement, and who benefit from benefits under that branch (medical care for sickness and maternity), shall be entitled to those benefits subject to the same conditions and obligations applicable to employed insured persons.

  1. 1)The provisions of clause (1) above shall cover insured persons belonging to the following categories:
  2. 2)Employees in the private sector referred to in sub-paragraph (a) of clause (1) of section (First) and section (Third) of Article (9) of the Social Security Law.
  3. 3)Lebanese nationals working for the State or any administration, public institution, or independent service referred to in sub-paragraph (d) of clause (1) of section (First) of Article (9) mentioned above.
  4. 4)Permanent employees working in the Arzé institution subject to Law No. 74/8 and its implementing decrees.
  5. 5)Any other category to be defined by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors of the National Social Security Fund.
  6. 6)[Category added by Decree No. 2122 dated 29/12/2017]:
  7. 7)- Members of the teaching staff in private schools and institutes whose mandatory affiliation to the Sickness and Maternity Insurance branch of the National Social Security Fund has ended or ends due to retirement (ages 60–64 inclusive) and who still benefit from its benefits.
  8. 8)The following conditions are required for eligibility:
  9. 9)The insured person must have reached the statutory retirement age (60–64 inclusive) and relinquished paid employment, or must have sustained a permanent and irreversible disability reducing his earning capacity by at least two-thirds. The disability must be medically certified.
  10. 10)The person must not be covered by another health insurance system.
  11. 11)The person must have an actual period of affiliation to the Sickness and Maternity Insurance branch of at least twenty years.
  12. 12)The beneficiary must be resident on Lebanese territory.
  13. 13)4-
  14. 14)The retiree's family members within the meaning of Article 14 of the Social Security Law who are dependent upon the retiree on the date of retirement or disability shall also benefit.
  15. 15)In the event of the death of the retiree, or the death of the insured person before retirement after completing at least twenty years of actual affiliation, the right to benefit shall pass exclusively to:
  16. 16)- The spouse, provided:
  17. 17)• The spouse has not remarried.
  18. 18)• The spouse is not personally covered by another health insurance system.
  19. 19)• The spouse is not engaged in paid employment.
  20. 20)• The spouse is not registered in the Commercial Register.
  21. 21)- Children who have not yet reached eighteen years of age; if the children are permanently disabled with a disability card and are unable to provide for themselves due to the disability, they shall benefit from the allowances without age limit.
  22. 22)The contributions required to cover the benefits shall be borne by:
  23. 23)The employees who are subject to this system in their original employment capacity and the State; the contribution rate is fixed at three percent (3%) of the assessable earnings, distributed equally.
  24. 24)Retirees; the contribution rate shall be fixed at the ordinary official rate calculated on income deducted equally against the official minimum wage.
  25. 25)The State's contribution referred to in Article 73 of the Social Security Law shall apply to retirees' benefits.
  26. 26)In the case referred to in sub-paragraph (b) of clause (4), contributions shall be payable by the surviving spouse or the second child or the guardians or curators of non-second children, according to the composition of the beneficiary group.
  27. 27)Contribution rates and assessable income shall be adjusted when necessary by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  28. 28)This system shall have separate accounting within the Sickness and Maternity Insurance Fund; the Fund shall conduct an actuarial study every three years to maintain the financial balance of this system.
  29. 29)The details of application of this Law shall be determined when necessary by decisions issued by the Board of Directors and approved by the supervisory authority.

1. The employee subject to the Social Security Law is the employee within the meaning of Article 624 of the Code of Obligations and Contracts dated 9/3/1932.

2. The decrees concerning the conditions and dates for subjecting members of the teaching staff in higher education institutions have not yet been issued. Similarly, no decrees have been issued regarding the technical institutes referred to in Article 12 of Decree No. 7880 dated 25/7/1967 on the organisation of vocational and technical education.

3. This paragraph appeared in the text published in the Official Gazette incomplete; the phrase should read: «including the compatibility of the meaning».

4. Regarding the subjection of contractors working for the State, municipalities, administrations, public institutions, independent services, and those dealing with foreign agencies to the Social Security Law, see Article 22 of Law No. 81/14 dated 15/7/1981 (Budget Law 1981).

5. See Law No. 10 dated 18/12/1984 amending the effective date for subjecting Lebanese nationals working for municipalities to the Social Security Law; no decree fixing the new effective date has yet been issued.

Amended 1969Amended 1972Amended 1975Amended 1982Amended 1986Amended 2010Amended 2017Amended 2017
ARTICLE 10

Definition of Persons Entitled to Benefits from the National Social Security Fund in the Second Phase

During the second phase, the provisions of this Law shall apply to all Lebanese employees — workers and staff, trainees and apprentices — working on Lebanese territory in an agricultural enterprise for one or more employers, Lebanese or foreign (1). If those employees are foreign nationals, they shall be subject to the provisions of this Law only under the conditions set out in paragraph 4 of the preceding Article (2) concerning the application and fixing of the date for implementing all social security branches for permanent agricultural workers.

1. See: Law No. 8 dated 25/3/1974 on entitling agricultural workers to social security benefits; and Decree No. 7757 dated 7/5/1974 on implementing and fixing the date for applying all social security branches to permanent agricultural workers.

2. The conditions referred to in paragraph 4 have been superseded, after the amendment of Article 9, by the conditions set out under section Third of that same Article.

ARTICLE 11

Establishment of Special Sections for Voluntary Insured Persons

A special section for voluntary insured persons shall be established within each of the first three branches referred to in Article 7 above. Each section shall have independent accounting and must achieve financial balance. The following persons may join any section from the first phase:

  1. 1)Persons who perform work or render services for the account of their spouses, ascendants, or direct descendants, at the request of their employer.
  2. 2)Persons who were previously affiliated to the Sickness and Maternity, Occupational Accidents, and End-of-Service Indemnity branches but no longer fulfil the conditions for affiliation, provided they are resident on Lebanese territory and submit their application within three months of the date on which their mandatory affiliation ended.
  3. 3)The following persons may join any section from the second phase:
  4. 4)Employers and agricultural workers belonging to any of the categories referred to in paragraphs (a) and (b) of this Article.
  5. 5)Self-employed persons and non-agricultural independent workers, unless the Council of Ministers, upon the proposal of the Minister of Labour and following deliberation by the Board of Directors, accepts their affiliation to the Fund from the first phase.
ARTICLE 12

Conditions for Application of the Third Phase

In the third phase, a special law shall define the conditions for applying the social security system or some of its branches on a compulsory basis to persons who have not yet been subject to its provisions in the first and second phases (non-wage workers, self-employed, employers, etc.).

ARTICLE 84

Jurisdiction in Case of a Dispute concerning Illness, Capacity for Work, Date of Recovery, or Related Matters

In the event of a dispute concerning the illness, capacity for work, state of health, date of recovery, or partial recovery resulting from an occupational accident or occupational disease, the dispute shall be examined jointly by the treating physician and the Fund's supervising physician. If they disagree, the Fund's Director General shall appoint a committee of three experts drawn from a list of specialist experts established by the Fund's Board of Directors and confirmed by a decree adopted in the Council of Ministers; their decision shall be final and not subject to any form of review.

Amended 1977
ARTICLE 85

Labour Courts

All other disputes and controversies arising from the application of this Law, whether between insured persons and employers, or between the Fund and employers or insured persons, shall fall within the jurisdiction of the labour courts.

ARTICLE 86

Compulsory Enforcement through Enforcement Departments

The compulsory enforcement of decisions issued by the said courts shall be effected through the competent enforcement departments, in accordance with the provisions of the Code of Civil Procedure (1).

1. For further details on the procedure for enforcing court decisions, see Article 827 et seq. of the Code of Civil Procedure issued by Legislative Decree No. 90 dated 16/9/1983.

ARTICLE 87

Publication in the Official Gazette

This Law shall be published in the Official Gazette.

Article 2 This Decree shall be published in the Official Gazette.

Issued on 26 September 1963. Signed: Fouad Chehab.

This Decree was published in Official Gazette No. 78 dated 30/9/1963.

Chapter 3

Family and Educational Allowances

ARTICLE 46

Establishment of the Family and Educational Allowances Fund

A Family and Educational Allowances Fund (2) is hereby established; its organisation shall be defined in this Part and its resources in Chapter Three, Part One, Book Three of this Law.

  1. 1)Family and educational allowances shall be granted to employees referred to in paragraph 1 of Article 9 and in Article 10 of this Law, to those entitled to Sickness and Maternity Insurance or Occupational Accidents Insurance, and also to persons permanently incapacitated from work pursuant to Article 35 if the degree of disability exceeds 50%.
  2. 2)Family and educational allowances shall be payable:
  3. 3)For each dependent child, as defined in sub-paragraph (c) of paragraph 2 of Article 14.
  4. 4)For each dependent male child with a disability regardless of age, and for each unmarried, non-working female child up to the age of twenty-five.
  5. 5)For the lawful wife who resides at home and is not engaged in paid employment.

2. By virtue of Law No. 155 dated 22/7/1992, the designation «Family Compensation System or Branch or Fund» was replaced by «Family and Educational Allowances System or Branch or Fund». See Decree No. 2957 dated 20/10/1965 and Decree No. 3216 dated 11/12/1965.

ARTICLE 47

Method of Granting Family and Educational Allowances

  1. 1)A child shall not entitle more than one person to a family allowance under the preceding Article. If several persons simultaneously satisfy the conditions required under the preceding Article in respect of the same child, family and educational allowances shall be paid:
  2. 2)To the child, if both the father and mother satisfy the conditions referred to above and sole custody of the children rests with the mother.
  3. 3)To the adoptive parents or guardians, where they, like the child's father and mother, satisfy the said conditions.
  4. 4)Family and educational allowances shall be paid for up to five children per family head.
ARTICLE 48

Monthly Value of Family and Educational Allowances, Method of Payment, and Limitation Period

  1. 1)The monthly value of family and educational allowances and the methods of their payment shall be fixed by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors (1).
  2. 2)Family and educational allowances shall be paid monthly to eligible employees by the employer on behalf of the Fund. The debt in respect of family and educational allowances ranks among privileged debts, coming after debts due to the Treasury, court fees, and compulsory insurance in cases of bankruptcy.
  3. 3)Family and educational allowances paid directly by the employer to his employees in accordance with the procedures specified in the Fund's internal regulations shall be extinguished by the limitation period if the employer has not accounted for them to the Fund within one year of the expiry of the period for which the contributions — in respect of the same period covered by the said allowances — were due.
  4. 4)The limitation period for family and educational allowances due to insured persons is six months from the date of their entitlement (2), as defined in the Fund's internal regulations.
  5. 5)The limitation period for allowances received without entitlement is six months from the date the Fund became aware that they were not due.

1. See Decree No. 2950 dated 20/10/1965 fixing the value of family and educational allowances and the methods of payment. And Decree No. 5103 dated 24/3/2001 fixing the monthly value of family allowances and the method of distribution between the spouse and children.

2. By virtue of Article 2 of Decree No. 2950 dated 20/10/1965, the due date for family and educational allowances was fixed as the end of the month in respect of which the allowances are due.

Amended 1977
Chapter 4

End-of-Service Indemnity

ARTICLE 49

Establishment of the End-of-Service Indemnity Fund

  1. 1)Pending the enactment of old-age pension legislation (3), an End-of-Service Indemnity Fund is hereby established; its organisation shall be defined in this Part and its resources in Chapter Three, Part One, Book Three of this Law.
  2. 2)The End-of-Service Indemnity system established in this Part is compulsory for all employees referred to in paragraph (a) of Article 9 and in Article 10 of this Law who are employed after the date on which this branch of social security is placed into force (1).
  3. 3)Employees already employed by an employer on that date may choose between the following two options:
  4. 4)Remaining subject to the provisions of the Labour Law with respect to severance pay (2).
  5. 5)Opting for the End-of-Service Indemnity system provided in this Part, within a maximum period of six months from the date referred to in paragraph 1 of this Article (3). In this case, they must submit a written application to the Director General of the Fund and send a copy to their employer. The employer may not in any way oppose the employee's request.
  6. 6)The term «voluntary insured persons» used throughout this Part refers to employees who have chosen the End-of-Service Indemnity system as described above.

1. See Decree No. 1519 dated 24/4/1965 fixing the date of commencement of the End-of-Service Indemnity system in the Social Security Fund.

2. Articles 54 to 59 of the Labour Law dated 23/9/1946 govern the provisions relating to severance pay.

3. Old-age pension legislation has not yet been enacted.

ARTICLE 50

Conditions for Entitlement of an Employee to End-of-Service Indemnity

  1. 1)Every employee covered by the End-of-Service Indemnity system, whether compulsorily or voluntarily, shall be entitled to the end-of-service indemnity if any of the following conditions is met:
  2. 2)The total length of his service is at least twenty years, calculated by adding his period of affiliation to the Fund to the years of service with the employer who employed him on the date the relevant branch was placed into force.
  3. 3)He has sustained a disability of at least 50% that prevents him from performing his work or comparable work, taking into account his occupational situation.
  4. 4)This disability must be certified by the Medical Committee referred to in paragraph one of Article 35 of this Law.
  5. 5)For a female employee, she must have married and left her employment within the twelve months following the date of her marriage.
  6. 6)The insured male must have reached the age of sixty, and the insured female the age of fifty-five (4).
  7. 7)In the event of the death of a compulsorily or voluntarily insured employee, the entitled beneficiaries specified in paragraph 2 of Article 31 above shall be entitled to the end-of-service indemnity.

4. See Law No. 87/2 dated 6/1/1987 amending the age at which coverage under the End-of-Service Indemnity system ends.

ARTICLE 51

Determination of the Amount of End-of-Service Indemnity

The amount of the end-of-service indemnity shall be determined as follows: 1- a- It equals, for each year of service, the wage received by the person concerned during the month preceding the date on which the right to indemnity arises. If the wage is calculated wholly or partly on a commission basis, the amount of the indemnity for each year of service shall equal one-twelfth of the total amounts received by the person concerned during the twelve months preceding the said date. If the wage is calculated on other bases, the Fund's internal regulations shall determine, in each case, the amount to be used for calculating the indemnity per year of service. In all cases, the wage used as the basis for calculating the indemnity is that defined in Article 68, paragraph 1 of this Law.

  1. 1)An insured person who has reached sixty years of age, or fifty-five if female, shall further be entitled to an additional compensation of one-half month for each year of service after the first twenty years; this additional compensation shall only become due for the period during which contributions are payable to the Fund by the employer.
  2. 2)In the cases specified in sub-paragraph (b) of paragraph 1 of Article 50, the indemnity must be at least equivalent to twenty months' wages.
  3. 3)The provisions of paragraph 2 of Article 54 of the Labour Law shall continue to apply to employers referred to therein for services prior to affiliation to the End-of-Service Indemnity system.
  4. 4)The Council of Ministers may, upon the proposal of the Minister of Labour and following deliberation by the Board of Directors, adopt special measures with respect to the amount of indemnity payable to the employees referred to in Article 72 of this Law.
  5. 5)In the event of the death of an employee, the end-of-service indemnity shall be calculated pursuant to the preceding paragraphs on the basis of years of service until the date of death; in all cases, the amount of the indemnity must not be less than six months' salary.
  6. 6)The amount of the indemnity may subsequently be increased by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors, taking into account the financial position of the Fund established by Article 49 of this Law.

1. No decree has been issued raising the amount of the indemnity, which must not be less than six months' salary pursuant to clause 5 of Article 51.

ARTICLE 52

Cases in which the Insured Person is Entitled to a Reduced Indemnity

A compulsorily or voluntarily insured employee shall be entitled only to a reduced indemnity in the following cases:

  1. 1)If the employee voluntarily leaves the institution in which he was trained before the expiry of two years from the end of his training, or if a voluntary insured person voluntarily leaves his employment before the end of the twelve months following the date of his affiliation to the system provided in this Part, the indemnity shall equal one-third of the end-of-service indemnity determined in Article 51 above.
  2. 2)Where the employee proves that he has permanently left his employment without intending to return to any other paid work, the indemnity shall be:
  3. 3)- 50% of the said indemnity if affiliation lasted no more than five years.
  4. 4)- 65% of the said indemnity if affiliation lasted more than five years but no more than ten years.
  5. 5)- 75% of the said indemnity if affiliation lasted more than ten years but no more than fifteen years.
  6. 6)- 85% of the said indemnity if affiliation lasted more than fifteen years but less than twenty years.
ARTICLE 53

Obligations of the Employer

1- Upon the voluntary affiliation of his employees to the End-of-Service Indemnity system, the employer is required to draw up a statement of the indemnity accrued in respect of the period of continuous service completed from the date of employment to the date of the employee's application to join the said system. This calculation shall be made pursuant to the provisions of the Labour Law on severance pay (2). The employer shall notify the employees of the said statement in writing, specifying the length of service and the wage rate. In the event of a dispute regarding this statement, the employee shall have six months from the date of receiving the statement to contest it before the labour courts (3). The Fund's regulations shall specify the documents that employers are required to submit to the Fund when their employees voluntarily join the End-of-Service Indemnity system.

  1. 1)Where an employee has worked for several employers during the period of service that gives rise to the right to indemnity, the calculation of his indemnity shall be the sum total of the accounts accumulated at each change of employer, to which the indemnity owed by the last employer is added. This account shall be consolidated in the Fund and interest shall accrue on it at the rate defined in the Fund's internal regulations.
  2. 2)The indemnity accrued for a voluntary insured employee shall remain in the hands of the employer until the right to payment arises under paragraphs 1 and 2 of Article 50 or in the cases described in the following paragraph.
  3. 3)If a voluntary insured employee leaves his employment before completing at least twenty-five years of service, the employer, regardless of the reason for departure, shall pay to the Fund the indemnity referred to in Article 51 or 52 above for the continuous period of service from the commencement of employment to the date of the employee's application to join the system. This indemnity shall be accumulated with interest at the rate defined in the Fund's regulations until one of the events specified in Article 50 above occurs. The same rule applies if a compulsorily insured person voluntarily leaves his employment before completing twenty years of service.
  4. 4)The Fund's regulations shall specify the periods within which employers may be granted to pay outstanding indemnities that are due, with or without interest, and may also provide for payment of indemnities not yet due in annual instalments at a discount, where appropriate. The regulations shall also specify the procedures and deadlines for submissions by employers and employees in the event of termination of employment, and the conditions for reconciling this Law with the conventional schemes in force at the date of publication of this Law in the Official Gazette, where they are more favourable to employees with respect to end-of-service indemnity; the regulations shall also govern the settlement of any debts that may be owed by the employer to his employees.
  5. 5)The Fund shall have the right to bring a direct action to recover the indemnities referred to in the preceding paragraph; the said debt shall rank as a privileged debt, classified immediately after the State's debt and exempt from registration.

2. Articles 54 to 59 of the Labour Law dated 23/9/1946 govern the provisions relating to severance pay.

3. The reference to «labour courts» means the Conciliation Labour Council competent to hear disputes arising from the application of the Social Security Law, whether between insured persons and employers, or between the Fund and employers or insured persons, pursuant to Article 85 of the Social Security Law.

ARTICLE 54

Advance Payment to the Insured Person from End-of-Service Indemnity and Settlement of Indemnity upon the Insured Person's Request

  1. 1)The Fund shall grant an advance from the end-of-service indemnity to any compulsorily or voluntarily insured employee who is involuntarily unemployed and has family responsibilities or dependants upon him, provided his affiliation to the Fund is proven for at least three years. The amount of this advance, which may not exceed the employee's wage, shall be calculated on the basis of the period of paid service at the rate of one month per year of service, and may not exceed three times the last wage; it shall be paid monthly at the rate of one-half of the monthly wage until the full amount thereof has been repaid.
  2. 2)[Repealed by virtue of Article 2 of Decree No. 6110 dated 5/10/1973].
  3. 3)In the cases provided for in sub-paragraphs (a) and (c) of paragraph 1 and in paragraph 2 of Article 50, the end-of-service indemnity shall be settled upon request of the employee or of the entitled beneficiaries; the settlement is automatic in the cases provided for in sub-paragraph (e) of paragraph 1 of the said Article. Employees are required to address a written request to the Director General of the Fund for the settlement of their accounts; a copy of this request must be sent to the employer and the Fund within a maximum period of three months for processing the settlement. In all cases, advances paid pursuant to the preceding two paragraphs shall be deducted from the account of the person concerned, who shall only receive the balance of his account.
  4. 4)Upon settlement of a voluntary insured employee's account, the employer shall pay to the Fund an amount equal to the total indemnities calculated pursuant to Article 51 above, less the value of the employee's account with the Fund. This value consists of the sum total of payments made by the employer to the Fund, plus interest at the rate defined in the Fund's internal regulations.
  5. 5)Upon settlement of a compulsorily insured person's account, the employer shall pay to the Fund only the difference between the total indemnities calculated pursuant to Article 51 above and the sum total of the payments made to the Fund plus interest at the defined rate. The payments referred to in the preceding two paragraphs are those made pursuant to the preceding Article or Articles 71 to 76 of this Law.
  6. 6)The end-of-service indemnity accrued for a male employee who has reached sixty years of age, or for a female employee who has reached fifty-five, may be converted into a lifelong pension upon his or her request and in accordance with the procedures defined in the Fund's internal regulations (1).
  7. 7)[Repealed by virtue of the Second clause of Article 2 of Decree No. 8496 dated 2/8/1974].

1. This Decree was published in the supplement to issue No. 78 of the Official Gazette dated 30/9/1963.

Amended 1969Amended 1973Amended 1974
Chapter 5

Common Provisions for Various Benefits

ARTICLE 55

Insurance Period for Acquiring the Right to Sickness and Maternity Insurance Benefits

For the purpose of acquiring the right to Sickness and Maternity Insurance benefits, all prior periods of employment and training before the date on which the employee's compulsory affiliation to this insurance took effect shall count as insurance periods.

ARTICLE 56

Limitation Period for Sickness and Maternity Insurance Benefits and Occupational Accidents and Diseases Insurance Benefits

The limitation period for Sickness and Maternity Insurance benefits and Occupational Accidents and Diseases Insurance benefits is six months from the date of their entitlement. The limitation period for permanent disability or death benefits is two years from the date of their entitlement. Arrears of disability pension may not be paid for a period exceeding one year.

Amended 1977
ARTICLE 57

Cash Benefits

Cash benefits may not be subject to assignment, set-off, or pledge of any kind, and may not be attached except to enforce legally established maintenance obligations. In such a case, attachment shall not exceed one-half of their value (2).

2. The provisions of Article 57 of the Social Security Law correspond to Article 860 of the Code of Civil Procedure dated 16/9/1983. Articles 863 to 865 of the latter Law set out the rules for attaching wages, severance pay, cost-of-living allowances, and family and educational allowances.

ARTICLE 58

Obligations of the Employer to Report an Occupational Accident or Occupational Disease

  1. 1)In the event of an occupational accident or occupational disease, the employer is required to notify the Fund within forty-eight hours at the latest from the date of the accident. Upon the occurrence of the accident or occupational disease, the employer must take all measures to prevent the injured person's condition from deteriorating.
  2. 2)The employer is required to transfer the employee to more suitable work for his health condition when the Fund's medical audit establishes that the insured person has contracted an occupational disease or sustained an occupational accident that threatens to worsen and deteriorate if he continues in his previous work; this measure shall be taken when necessary in cooperation with the institution.
Amended 1977
ARTICLE 59

The Fund's Contribution to Preventive Measures against Diseases and Accidents

  1. 1)The Fund shall contribute to preventive measures against diseases and accidents in cooperation with the Minister of Labour, the Minister of Public Health, the professional organisations of employers and employees, and individual institutions. A Supreme Committee for Prevention and Health shall be established for this purpose; its composition and functions shall be defined in the internal regulations.
  2. 2)Employers are required to take all measures to ensure safety and health conditions in the workplace. The Fund may define in its internal regulations certain measures required to monitor the health status of employees and to implement means of prevention in the workplace (1).
  3. 3)The Fund shall cooperate with institutional physicians in preparing preventive measures against diseases and occupational accidents, and where appropriate in reviewing and updating the measures required under paragraph 2 above, and in guiding and directing insured persons on health matters (2) relating to the organisation of health protection and prevention in all institutions subject to the Labour Law.

1. See Decree No. 6341 dated 24/10/1951 on organising health protection and prevention in all institutions subject to the Labour Law.

2. See Decree No. 4568 dated 30/6/1960 on appointing a physician in public services and institutions subject to labour laws to monitor the health of employees. And Decision No. 594 dated 7/9/1970 defining the modalities of cooperation between occupational physicians in public services and institutions and the National Social Security Fund.

Amended 1977
ARTICLE 60

Enabling Persons Injured by Occupational Accidents or Diseases to Benefit from Vocational Rehabilitation

The Fund may enable persons injured by an occupational accident or occupational disease to benefit from vocational rehabilitation measures to qualify them for suitable alternative work; employers are required to cooperate in this regard with the Fund in accordance with the conditions defined in the Fund's internal regulations.

ARTICLE 61

Application of Collective Agreements and Internal Regulations

Collective agreements and internal regulations that provide benefits more substantial than those laid down by the Labour Law, which are in force in an enterprise at the date of implementation of any social security branch, shall remain applicable and binding insofar as they exceed the benefits provided under this Law, in respect of each branch of social security; they shall constitute a vested entitlement for the employees of the enterprise. In such cases, the benefits provided under this Law shall be deducted from the agreed benefits, and any additional amount shall be fixed by agreement between management and employees. A copy of this agreement shall be sent to the Ministry of Labour; in the event of a dispute on this matter, the Minister of Labour shall adjudicate.

Amended 1972
ARTICLE 62

Claims Against Persons Responsible for an Accident for Compensation for Damage

  1. 1)The application of this Law shall not preclude the right of insured persons or their surviving beneficiaries to claim compensation for damage from those responsible for the accident. The total amounts paid by the Fund shall be deducted from such compensation.
  2. 2)The Fund shall in all cases be entitled to bring a direct action against those responsible for the accident to recover the amounts it has paid as a result thereof.
ARTICLE 63

Repeal of Laws Relating to Family and Educational Allowances, Benefits in Cases of Sickness, Maternity, Occupational Accidents and Diseases, and Severance Pay

  1. 1)To the extent that the social security system is applied, all provisions of the laws relating to family and educational allowances and to benefits granted in cases of sickness, maternity, occupational accidents and diseases, as well as the provisions on severance pay, shall be repealed, wholly or partially, with respect to those covered, whether as compulsorily or voluntarily insured persons under the End-of-Service Indemnity system.
  2. 2)The details of application of the preceding paragraph shall be defined by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
Book 3

Financial Provisions and Settlement of Disputes

Chapter 1

Resources and Financial Organisation

Section 1General Provisions
ARTICLE 13

Establishment of the Sickness and Maternity Insurance Fund

  1. 1)A Sickness and Maternity Insurance Fund (1) is hereby established; its organisation shall be defined in this Part and its resources in Chapter Three, Part One, Book Three of this Law.
  2. 2)The contingencies covered by the insurance are:
  3. 3)Any sickness not resulting from an occupational accident or not recognised as an occupational disease.
  4. 4)Maternity (pregnancy, childbirth, and their sequelae).
  5. 5)Temporary incapacity for work resulting from sickness or maternity which causes an interruption in the insured person's earnings.
  6. 6)Death not resulting from an occupational accident or occupational disease.

1. See Decree No. 14035 dated 16/3/1970 fixing the date for commencing implementation of the Sickness and Maternity Insurance branch.

ARTICLE 14

Definition of Insured Persons

1- The insurance shall cover insured persons and their family members. For purposes of this Article, the term «insured person» shall refer to an insured male or an insured female without any distinction.

  1. 1)The following persons shall be considered members of the insured person's family, provided they live under the same roof and at his expense:
  2. 2)The father and mother who have attained the age of sixty years or who are unable to provide for themselves due to a physical or mental disability.
  3. 3)The insured person's lawful wife; in the event of polygamy, the first wife only (2).
  4. 4)The insured female's husband who has attained the age of sixty years or who is unable to provide for himself due to a physical or mental disability.
  5. 5)The insured person's legitimate (1) and adopted children up to eighteen years of age; if the children are unable to provide for themselves because they devote their full time to their studies, they shall benefit from the insurance up to twenty-five years of age (2).

1. The legislator has excluded illegitimate children in all forms from coverage under the Social Security Law; thus, children born of adultery, fornication, or out-of-wedlock relationships are not subject to the Sickness and Maternity Insurance branch.

2. Regarding the situation of disabled children, see paragraphs (b) and (c) of Article 80 of Law No. 220 dated 29/5/2000, which amended paragraph (d) of Article 14 of this Law.

Amended 2002Amended 2000Amended 2000Amended 2002
ARTICLE 15

Definition of Benefits of the Sickness and Maternity Insurance Fund

  1. 1)The benefits of the Sickness and Maternity Insurance shall comprise:
  2. 2)Preventive and curative medical care.
  3. 3)In the case of maternity, antenatal examinations and care, and postnatal care during and after childbirth.
  4. 4)In the case of temporary incapacity for work resulting from sickness or maternity, sickness or maternity compensation (3).
  5. 5)In the case of death, funeral expense compensation.
  6. 6)Sickness and Maternity Insurance benefits shall not be due to an insured person if, in the same situation, that person is entitled to Occupational Accidents and Diseases Insurance benefits.
  7. 7)The benefits necessary in cases of pathological pregnancy or morbid conditions resulting from childbirth shall be treated as sickness benefits from the date on which the morbid condition is established by a medical auditor appointed by the Fund.

3. The provisions on sickness and maternity compensation have not been implemented to date; implementation of the Sickness and Maternity Insurance branch has been limited to medical care benefits and funeral expense compensation.

ARTICLE 16

Entitlement to Sickness Benefits

1- Sickness and Maternity benefits shall not be due unless the insured person has been affiliated to the insurance for at least three consecutive months during the six months preceding the date of medical certification or the date of death. For this purpose, a month of insurance means a month during which the employee was continuously subject to the insurance and in respect of which contributions were paid or were required to be paid by the employer. If the employee was not continuously subject to insurance, a period equivalent to twenty-five days or four weeks in respect of which contributions were paid or required shall be deemed a month of insurance. Periods during which the employee's incapacity for work due to sickness, maternity, or occupational accident is established shall likewise be counted as insurance periods.

  1. 1)In addition to the foregoing, in order for an insured female to benefit from maternity compensation, she must have been affiliated to the insurance for at least ten months before the presumed date of delivery.
  2. 2)The provisions of paragraph 1 of this Article shall not apply if the sickness or death resulted from an occupational accident, provided the insured person was registered before the date the accident occurred.
  3. 3)An insured person who no longer satisfies the conditions required for coverage under sickness insurance shall be entitled to sickness benefits not only for illnesses that appeared before the end of his coverage, but also for illnesses appearing during the three months following the said date; likewise, an insured female shall be entitled to maternity benefits if the presumed date of delivery falls within the three months following the end of her coverage.
  4. 4)To enable the insured person to establish his entitlement to benefits, the employer is required to provide each of his employees registered with the Fund with an earnings statement (1) in the form prescribed or accepted by the Fund.

1. By virtue of Article 7 of Law No. 248 dated 9/8/2000, the statement referred to in paragraph (e) of Article 16 shall be replaced by a certificate issued by the section's accountant attesting the voluntary insured person's contribution in accordance with the internal regulations.

Amended 1972Amended 2001
ARTICLE 28

Establishment of a Fund for Occupational Accidents and Occupational Diseases Insurance

A Fund for Occupational Accidents and Occupational Diseases Insurance (1) is hereby established; its organisation shall be defined in this Part and its resources in Chapter Three, Part One, Book Three of this Law: For the purposes of this Law, an occupational accident means:

  1. 1)An accident befalling the insured person in the course of or in connection with the performance of his work.
  2. 2)An accident befalling the insured person during his journey from home to the workplace or back, provided the journey is uninterrupted and deviates from the normal route for no reason connected with his work.
  3. 3)An accident befalling the insured person in the course of or in connection with rescue operations taking place at the institution where he works.
  4. 4)An accident befalling the insured person outside Lebanese territory in the course of or in connection with the performance of his work.
  5. 5)The date of commencement of this branch and the conditions for its application shall be fixed by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors of the Fund.

1. The Occupational Accidents and Diseases Insurance branch has not been implemented to date. The provisions of Legislative Decree No. 136 dated 16/9/1983 are applicable with respect to occupational accidents; occupational diseases are governed by the Code of Obligations and Contracts.

2. No decree has yet been issued fixing the date for implementation of sub-paragraph (d).

Amended 1977
ARTICLE 29

Application to Occupational Diseases

  1. 1)The provisions of this Law relating to occupational accidents shall apply to occupational diseases. The date of the first medical examination of the patient shall be deemed the date of the accident, without prejudice to the right of audit by the Fund's medical audit service.
  2. 2)A list of pathological conditions recognised as occupational diseases in respect of workers habitually exposed to noxious agents or to special conditions arising from the nature of their work shall be established by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The list may include certain types of work that give rise to such diseases.
  3. 3)Occupational diseases that do not manifest themselves until after the date on which the worker's exposure to the noxious agents ceased shall not be borne by the Fund unless they arise within the period specified in the said list. The list may be reviewed or supplemented by decrees adopted in the same manner.

3. No decree has yet been issued establishing the list of pathological conditions recognised as occupational diseases.

Amended 1977
ARTICLE 30

Risks Covered by this Branch

The Occupational Accidents and Diseases Insurance branch shall cover the following risks when they result from an occupational accident or occupational disease:

  1. 1)Any morbid condition of the insured person.
  2. 2)Temporary incapacity for work resulting in an interruption of earnings.
  3. 3)Permanent total or partial disability of the insured person.
  4. 4)Death of the insured person.
ARTICLE 31

Persons Entitled to Benefits from the Occupational Accidents and Diseases Branch in the Event of the Insured Person's Death

  1. 1)The persons entitled to the benefits of the preceding Article are the insured persons themselves and, in the event of an insured person's death, the surviving entitled beneficiaries.
  2. 2)The entitled beneficiaries following the death of an insured person are:
  3. 3)The persons specified in paragraph 2 of Article 14 of this Law.
  4. 4)The insured person's father and mother and his minor siblings, if they were dependent upon him at the time of his death.
ARTICLE 32

Benefits of Occupational Accidents and Diseases Insurance

The benefits of the Occupational Accidents and Diseases Insurance shall comprise:

  1. 1)Medical care.
  2. 2)Compensation for temporary incapacity for work.
  3. 3)A disability pension or a lump-sum compensation in the event of permanent total or partial disability.
  4. 4)A survivors' pension as defined in Article 39 of this Law, and funeral expense compensation in the event of the insured person's death.
Amended 1977
ARTICLE 64

Financial Independence of Each Branch and Establishment of a Financial Committee for Investment of Fund Assets

  1. 1)Each branch of social security listed in Article 7 of this Law shall enjoy financial independence and shall meet its obligations from its own resources. The Fund's revenues and assets may only be used for the purposes specified in this Law.
  2. 2)A Financial Committee (2) shall be established by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and the Minister of Finance and following deliberation by the Fund's Board of Directors. It shall be entrusted with investing the Fund's assets for short, medium, and long terms. Its composition and powers shall be defined in the decree, and it shall operate under the authority of the Fund's Board of Directors, which bears responsibility for investment policy.
  3. 3)The Committee's primary functions are:
  4. 4)To ensure that the Fund's capital earns at least the minimum return specified in the internal regulations.
  5. 5)To determine the social investments that may be carried out each year without undermining the Fund's financial balance.
  6. 6)Medium- or long-term investments may only cover:
  7. 7)Government bonds.
  8. 8)Loans granted to public institutions and bodies guaranteed by the State.
  9. 9)Immovable property.
  10. 10)Loans granted directly by the Fund for the purpose of providing housing for the insured categories of all or any branches of social security and for public sector employees other than military personnel and members of the Internal Security Forces and General Security, subject to special regulations and conditions established for this purpose.
  11. 11)Pursuant to applicable legal provisions, the Fund may attach all end-of-service, severance, or retirement benefits and pension payments that have accrued or will accrue in favour of an employee or official benefiting from a loan granted for the purpose described above. Upon settlement of such benefits or pensions, only the amounts exceeding the value of outstanding instalments at the date of settlement shall be paid to the entitled parties; the balance shall remain attached in favour of the Fund until the loan is fully repaid with interest.
  12. 12)Any dispute arising between the Fund's Board of Directors and the Financial Committee shall be submitted to the arbitration of the Minister of Labour.

2. See Decree No. 12180 dated 24/3/1969 establishing a Financial Committee at the National Social Security Fund.

Amended 1973
ARTICLE 65

Financing of Social Security Branches and Clearance of Liabilities

First: Financing of the social security branches referred to in Article 7 of this Law, pursuant to the provisions of Articles 71 to 76 below.

Second:

  1. 1)Every employer, whether a natural person or a legal entity under private law, is required to obtain from the Fund a clearance certificate proving that it has paid contributions and fulfilled all financial obligations arising from the implementation of this Law, in the cases specified in this Article and subsequent Articles of this Law. The receipt issued by the Fund shall constitute the required clearance certificate and shall be valid for a period of six months from its date (1). Where appropriate, the validity of the clearance certificate may be extended by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour.
  2. 2)The clearance certificate referred to in clause 1 of this section must be presented where the transaction is in the interest of the enterprise and not in the personal interest of individuals, in the following cases:
  3. 3)- Transactions in the Commercial Register and in the special register attached thereto as referred to in Legislative Decree No. 11 dated 11/7/1967 and its amendments.
  4. 4)- Registration transactions in the Chambers of Commerce and Industry as referred to in Legislative Decree No. 36 dated 5/8/1967 (2) and its amendments, as well as in the cases specified in paragraphs 3, 8, and 9 of Article 8 of that Legislative Decree.
  5. 5)- Real estate transactions for the dissolution and liquidation of commercial establishments and commercial companies owned by employers, before the Land Registry or any other official authority.
  6. 6)- Import, export, and re-export licence transactions and customs transactions of all kinds relating to commercial establishments and commercial companies.
  7. 7)- Participation in public and restricted tenders, calls for bids, and negotiated contracts with all State administrations, independent services, municipalities, and other public institutions.
  8. 8)- Banking credit, commercial, industrial, agricultural, and tourism loan transactions conducted by public-sector institutions.
  9. 9)- Assistance transactions granted or provided by public administrations and other public-sector institutions to associations, syndicates, federations, and other professional organisations.
  10. 10)- Transactions for the registration of private educational institutions of all types, or amendments thereto, with the Ministry of National Education and Fine Arts, as well as transactions for the payment of grants to free private schools.

1. The validity period of the clearance certificate referred to in Article 65 was extended from three months to six months by Decree No. 5489 dated 4/8/1994.

2. The original text of Law No. 82/24 amending Article 65 erroneously stated that Legislative Decree No. 36 was dated 5/8/1968; it was in fact issued on 5/8/1967.

Amended 1982Amended 1997
ARTICLE 66

Establishment of a Reserve Fund for Each Branch

  1. 1)A permanent reserve fund shall be established for each branch of social security referred to in sub-paragraphs (a), (b), and (c) of Article 7 of this Law, with a minimum level at the end of each financial year of:
  2. 2)One-sixth, for Sickness and Maternity Insurance and the Family and Educational Allowances system.
  3. 3)One-third of the expenditure recorded during the three years preceding the financial year under review, for Occupational Accidents and Diseases Insurance.
  4. 4)The minimum level referred to above must be reached for each branch at the latest by the end of the fourth financial year following the date the branch is placed into force.
  5. 5)If the receipts of any branch referred to in the preceding paragraph, other than the Sickness and Maternity Insurance branch, exceed its expenditure during a single financial year, the difference shall be automatically deducted from its reserve fund. If it appears at the end of the same financial year that the reserve fund has not reached the minimum level, the Council of Ministers, upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, shall decide to raise the contribution rate as of 1 July of the year following the financial year showing a deficit, so that contributions are sufficient to restore financial balance and bring the reserve fund to the required minimum level within a maximum period of three years. If the receipts of the Sickness and Maternity Insurance branch exceed expenditure, the contribution rate shall be raised within the same framework at the following rates:
  6. 6)40% State.
  7. 7)40% employers.
  8. 8)20% employees.
  9. 9)During a financial year, the State may grant advances to the Fund to achieve balance in its budget, subject to conditions and repayment terms fixed by a decree adopted in the Council of Ministers.
  10. 10)In the event of a national disaster causing a severe deficit in the Fund, the State may grant the Fund exceptional assistance fixed on the basis of restoring financial balance without increasing contributions.
Amended 1972
ARTICLE 67

Exemption of the Fund from All Taxes and Fees

  1. 1)The Fund shall be exempt from paying all taxes and fees, including stamp duties, court fees, registration fees, and taxes on transactions that the Fund may enter into. Correspondence addressed to and issued by the Fund shall benefit from postal exemption.
  2. 2)Pharmaceutical preparations, prosthetic appliances, spectacles, and other medical or surgical tools imported for the account of the Fund may be exempt from customs duties. The terms of this exemption shall be determined by the Supreme Customs Council and the Minister of Finance.
  3. 3)Insured persons benefiting from social security services shall be exempt from all taxes and fees on amounts received and on all transactions and disputes arising from the application of this Law, in particular applications for benefits submitted by insured persons.
Section 2Assessable Earnings
ARTICLE 17

Persons Entitled to Medical Care and its Definition in Cases of Sickness and Maternity

  1. 1)Every person subject for this purpose to Sickness and Maternity Insurance, and every person who has or may have the right to sickness or maternity compensation, as well as his family members referred to in paragraph 2 of Article 14 of this Law, shall be entitled to medical care.
  2. 2)Medical care shall comprise at minimum:
  3. 3)In case of sickness:
  4. 4)First – Medical examinations: radiography, laboratory tests and analyses.
  5. 5)Second – General medical consultations, including home visits when necessary, and specialist consultations, within the conditions specified in the Fund's internal regulations.
  6. 6)Third – Dental care, after the issuance of a special decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, defining the benefits covered and the methods of their provision (1).
  7. 7)Fourth – Medicines and pharmaceutical preparations that are necessary, provided they appear on the schedule approved by the Fund and are prescribed by a physician or, where appropriate, a dental surgeon.
  8. 8)Fifth – Hospitalisation (accommodation, meals, medical treatment, and surgical operations) in a hospital or other medical institution belonging to the State or to the Fund or approved by the Fund, when a physician determines that hospitalisation is necessary.
  9. 9)Sixth – Supply of prosthetic and orthopaedic appliances listed in the schedule drawn up by the Fund, subject to approval of the medical audit.
  10. 10)In case of maternity:
  11. 11)First – Antenatal and postnatal examinations and care provided by a physician or a legally recognised midwife.
  12. 12)Second – Medicines and pharmaceutical preparations that are necessary, provided they appear on the schedule approved by the Fund and are prescribed by a physician or a qualified midwife.
  13. 13)Third – Hospitalisation (accommodation, meals, medical treatment, and surgical operations) in a hospital, maternity home, or other medical institution belonging to the State or to the Fund or approved by the Fund, when a physician or qualified midwife determines that such hospitalisation is necessary.
  14. 14)- In the event that the permanent reserve fund exceeds the minimum referred to in Article 66 of this Law, the Board of Directors may, after approval of the Council of Ministers, propose a reduction in contributions or an increase in benefits.

1. Decree No. 5104 dated 24/3/2001 was issued authorising the National Social Security Fund to provide dental care and fixing the terms of its provision.

Amended 1972
ARTICLE 18

Objective of Medical Care

  1. 1)Medical care must aim to protect the health of insured persons and to cure them in case of sickness and restore their capacity for work.
  2. 2)Physicians are required in their prescriptions to seek the best balance between maximum economy and effective treatment.
  3. 3)In order to monitor the health of insured persons, the Fund may, in accordance with the methods determined by the Board of Directors, require them to undergo a medical examination by a physician chosen by the Fund, and when appropriate in cooperation with the physician of the institution in which the insured person is employed (2).
  4. 4)The Fund's internal regulations shall specify the number and type of antenatal and postnatal examinations to which women benefiting from insurance must submit, as well as the conditions under which these examinations are to be conducted.
  5. 5)The organisation and operation of the medical audit service shall be defined by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The Board of Directors shall also define in the internal regulations the manner of providing medical care and the rules to be observed for this purpose by insured persons, physicians, dental surgeons, midwives, and medical and pharmaceutical institutions.

2. See Decree No. 4568 dated 30/6/1960 on appointing a physician in each public service and institution subject to labour laws to monitor the health of employees. And Decision No. 594 dated 7/9/1970 defining the modalities of cooperation between occupational physicians in public services and institutions and the National Social Security Fund.

3. See Decree No. 9084 dated 6/1/1968 on organising and operating the medical audit service at the National Social Security Fund.

Amended 1972
ARTICLE 19

Duration of Medical Care

  1. 1)Medical care (1) shall be provided for each episode of illness for a maximum period of 26 weeks.
  2. 2)At the end of the 26-week period, if the Fund's supervising physician considers that the illness can be cured during a new treatment period not exceeding 13 weeks, the Fund shall decide to continue the benefits until the end of this second period.
  3. 3)In cases of illness which the Board of Directors considers to require medical treatment for a cumulative period exceeding 39 weeks, the Board may fix the maximum duration of treatment at one year. At the end of this period, the Fund shall notify the public welfare institutions of the case concerned.
  4. 4)In cases of chronic or intractable illness that does not require continuous absence from work, a special scheme shall define the conditions for providing care and medicines after the expiry of the period specified in paragraph 3 of this Article.

1. Disabled persons were excluded from the provisions of Article 19 by virtue of Article 79 of Law No. 220 dated 29/5/2000.

Amended 1972
ARTICLE 20

Determination of the Insured Persons' Share of Medical Care Costs

  1. 1)The Council of Ministers shall, by a decree adopted upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, fix the share (2) of insured persons in the cost of medical care provided in the event of sickness and maternity pursuant to Article 17, paragraph 2 of this Law.
  2. 2)Notwithstanding the foregoing, in the event of the insured person's temporary incapacity for work, the insured person shall be exempt from co-payment for medical care as of the sixth week of incapacity.

2. See Decree No. 3685 dated 22/6/1993 fixing the co-payment rate for medical care and hospitalisation. And Decree No. 1786 dated 14/2/1979 exempting insured persons from their co-payment for haemodialysis using artificial kidneys.

ARTICLE 21

Method of Providing Medical Care

  1. 1)Medical care shall be provided through physicians, dental surgeons, legally recognised or approved midwives, hospitals, clinics, and other medical and pharmaceutical institutions approved by the Fund. Physicians, dental surgeons, and legally recognised midwives who practise their profession in accordance with professional regulations, as well as legally licensed hospitals and other medical or pharmaceutical institutions, shall be automatically approved subject to their acceptance of the Fund's regulations. Their fees shall be paid in accordance with the rules established by the Fund regarding medical care, after consultation with the relevant professional organisations.
  2. 2)However, in urgent and emergency cases, patients who are unable to consult one of the persons or institutions referred to in the preceding paragraph may resort to a person or institution not approved by the Fund (3), subject to the conditions specified in a decree (4) adopted in the Council of Ministers.
  3. 3)The Fund shall periodically publish a list showing, by area, the names of the persons and medical or pharmaceutical institutions approved by the Fund to provide medical care to insured persons. This list shall be drawn up after consultation with professional organisations and medical institutions, and shall be reviewed using the same procedure.

3. See Decree No. 4989 dated 28/2/1973 defining the medical cases in which recourse may be had to services or institutions not approved by the Fund.

4. See Decree No. 9804 dated 28/1/1997 which repealed Decree No. 1384 dated 16/6/1978 fixing the conditions of application of this paragraph with respect to hospitalisation abroad.

Amended 1972
ARTICLE 22

Construction, Establishment, or Operation by the Fund for its Own Account of Dispensaries or Medical or Pharmaceutical Institutions

  1. 1)Within the scope of the investments referred to in Article 3 of this Law, the Fund may construct, establish, or operate for its own account dispensaries and medical or pharmaceutical institutions, subject to compliance with the legal provisions governing the practice of medicine and pharmacy.
  2. 2)The Fund may directly import from abroad the pharmaceutical preparations and medical or surgical materials it requires. With the approval of the Council of Ministers, it may distribute these pharmaceutical preparations, medical materials, and surgical equipment at cost price to public administrations, public institutions, or institutions of public benefit.
  3. 3)The Board of Directors may, by way of negotiated agreement, transfer the provision of medical treatments, wholly or partially, to the employer or to any natural or legal person who possesses, for this purpose, facilities and equipment that the Board considers satisfactory.
Amended 1971Amended 1972
ARTICLE 33

Types of Medical Care

  1. 1)Medical care shall include:
  2. 2)The types of medical care defined in sub-paragraph (a) of paragraph 2 of Article 17 of this Law.
  3. 3)Provision, maintenance, and replacement of prosthetic appliances, provision of spectacles, and other medical or surgical aids not covered in the preceding sub-paragraph, provided the medical audit certifies the necessity of such items in connection with the accident or occupational disease causing the treatment.
  4. 4)The provisions of Articles 21 and 22 shall apply to all types of medical care provided in the event of an occupational accident or occupational disease.
Amended 1977
ARTICLE 68

Calculation of Contributions

  1. 1)The earnings used as the basis for calculating contributions shall comprise all income derived from employment, including all components and supplements, particularly overtime pay paid on a regular basis, amounts usually paid by third parties (gratuities), and benefits in kind provided to the worker.
  2. 2)The maximum assessable earnings shall be LBP 30,000 (thirty thousand) per year, or LBP 2,500 (two thousand five hundred) per month, or LBP 588 (five hundred and eighty-eight) per week (1). This maximum may be adjusted by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  3. 3)The provisions of paragraph 2 above shall not apply to the calculation of end-of-service indemnity. The wage used for that calculation is the one defined in Article 51 of this Law.
  4. 4)Contributions for Lebanese nationals working for municipalities shall be calculated on the basis of the earnings specified in the preceding paragraphs, provided that these earnings are in no case less than the minimum wage applicable in public administrations. If municipalities fail to pay the contributions due from them, their amount shall be automatically and annually deducted from the revenue allocated to the relevant municipalities from the Independent Municipal Fund (1) in the same decree distributing such revenue, and shall be directly remitted by the Ministry of Interior to the National Social Security Fund.

1. See the following texts that amended the maximum assessable earnings for the Sickness and Maternity Insurance branch: Decree No. 3146 dated 11/4/1986; Article One of Decree No. 3561 dated 21/10/1980; Article One of Decree No. 4253 dated 16/10/1987; Article One of Decree No. 3686 dated 22/6/1993, which set the maximum at three times the official minimum wage; Decree No. 5101 dated 24/3/2001; and Decree No. 9602 dated 21/12/2012, which set the maximum at LBP 2,500,000.

Amended 1982
ARTICLE 69

Assessment of the Monetary Value of Benefits in Kind

The monetary value of benefits in kind, in particular food and accommodation, shall be assessed in the Fund's internal regulations, having regard to average local prices.

ARTICLE 70

Determination of Assessable Earnings for Persons Maintaining Voluntary Insurance Coverage

The Fund's internal regulations shall determine the assessable earnings for persons maintaining their insurance on a voluntary basis pursuant to Article 11 of this Law.

Section 3Contributions
ARTICLE 23

Method of Claiming and Determining Sickness Compensation

  1. 1)An insured person who suffers from an illness causing temporary incapacity for work certified by an approved physician and resulting in the interruption of earnings, shall be entitled to sickness compensation (1) for each day of incapacity, with no distinction between working days and days off, as of the fourth day of incapacity.
  2. 2)The average daily earnings used as the basis for calculating sickness compensation is the amount derived by dividing by 90 the total earnings, as determined in Articles 68 et seq. of this Law, received by the person concerned during the three months preceding the date of illness. Notwithstanding the foregoing, the Council of Ministers may fix a minimum for these earnings by a decree (2) adopted upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, taking into account the minimum wage legislation.
  3. 3)During the first thirty consecutive days of incapacity, sickness compensation equals 50% of the average daily earnings, and 30% if the patient is hospitalised. These rates shall be raised to 75% and 50% respectively as of the thirty-first day of incapacity, provided the Fund's supervising physician confirms the continuation of the incapacity. In no case shall the compensation exceed the maximum assessable earnings ceiling prescribed in Article 68, paragraph 2 of this Law.

1. Implementation of the Sickness and Maternity Insurance branch has been limited to medical care and funeral expense compensation; provisions on sickness and maternity compensation have not been implemented to date, and Articles 40 et seq. of the Labour Law continue to apply until further notice.

2. No decree has yet been issued defining the minimum daily earnings on which sickness compensation is calculated.

ARTICLE 24

Duration of Receipt of Sickness Compensation

  1. 1)Sickness compensation shall be paid for a maximum period of 26 weeks for each episode of temporary incapacity.
  2. 2)When the conditions set out in paragraph 3 of Article 17 of this Law are met, the Board of Directors may extend the maximum period for payment of sickness compensation to 39 weeks at most in the cases referred to in paragraph 2 of Article 19, and to one year at most in the cases referred to in paragraph 3 of the same Article; if incapacity continues beyond the expiry of the last period, the Fund shall notify the public welfare institutions accordingly.
  3. 3)Sickness compensation shall be paid at the end of each week. Exceptions to this rule may be provided for in the Fund's internal regulations.
ARTICLE 25

Cases of Cancellation of Sickness Compensation

  1. 1)Without prejudice to all other rights, the Fund may cancel sickness compensation, and if necessary reclaim compensation paid without entitlement, in the following cases:
  2. 2)Where the person concerned obtained or attempted to obtain, by fraudulent means, benefits to which he was not entitled.
  3. 3)Where the illness resulted from a felony or misdemeanour committed by the person concerned, or from a deliberate act on his part to obtain benefits.
  4. 4)The Fund may suspend payment of compensation or reduce its amount:
  5. 5)Where the person concerned refuses to submit to the medical and administrative monitoring and examinations provided for in the Fund's internal regulations, or fails to comply with medical instructions after being given permission to cease work.
  6. 6)During any stay by the person concerned outside the country, unless the internal regulations provide otherwise.
  7. 7)During any period in which the person concerned is serving a custodial sentence.
ARTICLE 34

Temporary Disability Compensation

  1. 1)An insured person who suffers, as a result of an occupational accident or occupational disease, a temporary incapacity for work certified by a physician approved by the Fund, shall be entitled to temporary disability compensation for loss of wages for each day of absence from work, with no distinction between the institution's working days and its days off, as from the eleventh day from the date of cessation of work. The employer shall be obliged to pay the full wages for the first ten days of incapacity, and shall also bear, in the cases specified by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors, according to the types of occupational activities of the institutions, all or part of the difference between the disability compensation as determined in paragraph 2 of this Article and the average daily earnings defined in paragraph 3 thereof, for the periods specified by the same decree.
  2. 2)The amount of the temporary disability compensation equals three-quarters of the average daily earnings, and one-half thereof when the insured person is hospitalised.
  3. 3)The average daily earnings used as the basis for calculating temporary disability compensation is derived by dividing by 360 the total earnings, as determined in Articles 68 et seq. of this Law, received by the person concerned during the twelve months preceding the date of cessation of work. If the insured person had not worked during the preceding twelve months, or if his employment began less than twelve months prior, the earnings used for calculating the average daily earnings shall be those the insured person would have actually received had he worked under the same conditions during the said period.
  4. 4)If the annual earnings used as the basis for calculating the compensation exceed twice the maximum annual ceiling defined in Article 68 of the Social Security Law, they shall be reduced to that amount.
  5. 5)The Council of Ministers may fix a minimum for the daily compensation for temporary disability by a decree (1) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors, taking into account the minimum wage legislation and cost-of-living increases.
  6. 6)Temporary disability compensation shall be paid until the insured person's recovery or until the date of commencement of the permanent disability pension as defined in paragraph 6 of Article 35 below.
  7. 7)The provisions of paragraph 3 of Article 24 and Article 25 of this Law shall apply to occupational accident compensation.
  8. 8)The Fund's internal regulations shall define the procedure for applying the provisions of the foregoing paragraphs.

1. No decree has yet been issued obliging the employer to bear all or part of the difference between the disability compensation and the average daily earnings.

Amended 1977
ARTICLE 71

Fixing of Contribution Rates by Decree

Contribution rates shall be fixed by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors; they shall be expressed as a percentage of assessable earnings, enabling their revenues to cover benefits, administrative expenses, and the permanent reserve fund referred to in Article 66 of this Law. Occupational Accidents and Diseases Insurance contribution rates may be differentiated according to the type of occupational activities.

3. See: Decree No. 2951 dated 20/10/1965 fixing the percentage rate for the End-of-Service Indemnity system contribution; Decree No. 2195 dated 31/1/1992 on contribution rates for the Family and Educational Allowances system for non-government institutions; Decree No. 2181 dated 29/1/1992 on contribution rates for government institutions; Decree No. 3686 dated 22/6/1993 on Sickness and Maternity Insurance contribution rates for non-government institutions; Decree No. 3684 dated 22/6/1993 for government institutions; Law No. 1 dated 5/1/1989 on insurance for public-transport drivers; and Decree No. 3683 dated 22/6/1993 defining the monthly earnings basis for calculating contributions for newspaper vendors, magazine sellers, and public-transport drivers.

Amended 1977
ARTICLE 72

Fixing of a Flat-Rate Contribution Amount by the Board of Directors

The Board of Directors may fix a flat-rate contribution amount payable by the following categories:

  1. 1)Enterprises employing fewer than ten employees.
  2. 2)Trainees and apprentices.
  3. 3)Agricultural workers referred to in Article 9, paragraph 2 of this Law (1), as well as certain categories of agricultural workers referred to in Article 10 of this Law.
  4. 4)Employees whose total income or part thereof consists of gratuities or allowances paid by persons other than employers.
  5. 5)Domestic workers employed in private households.
  6. 6)Daily workers referred to in the internal regulations.
  7. 7)Institutions that have been granted public benefit status by the Government (2).
  8. 8)The contribution payable by associations for persons with disabilities and service institutions shall be fixed at fifteen per cent (15%) of the contribution applicable to institutions not subject to a reduced or flat-rate contribution, for all branches except End-of-Service Indemnity. The application for this exemption shall be submitted on the basis of a certificate issued by the Ministry of Social Affairs in accordance with the applicable procedures. As regards the End-of-Service Indemnity branch, the Board of Directors of the National Social Security Fund shall fix the contribution payable by this category of institutions or associations.

1. Paragraph 2 of Article 9 was radically amended by Law No. 75/16 dated 11/4/1975; agricultural workers are now subject to paragraph 1 of Article 9.

2. See Legislative Decree No. 87 dated 30/6/1977 on institutions of public benefit.

Amended 1977Amended 2000
ARTICLE 73

Allocation of Contributions to Employers and Definition of the Limitation Period

1- Contributions for Occupational Accidents and Diseases Insurance, Family and Educational Allowances, and End-of-Service Indemnity shall all be borne by employers. Where an employee's wage is reduced during employment with the same employer, the employer's contribution shall continue to be calculated on the basis of the higher wage. The employer's obligation to pay contributions to the End-of-Service Indemnity Fund ceases when the compulsorily or voluntarily insured employee reaches sixty years of age, or the insured female reaches fifty-five, at which point they become entitled to receive the end-of-service indemnity (3). If an employee who has not yet reached age 55 or 60 continues in service after receiving end-of-service indemnity, the employer shall pay the annual contribution until the employee reaches that age, after which the account shall be settled at the rate of one month per year of service with no additional compensation.

  1. 1)Sickness and Maternity Insurance contributions shall be borne by the insured persons, their employers, and the State. The State shall bear 25% of the cost of benefits relating to that insurance; the contribution rates borne by employers and employees shall be fixed by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. Contributions relating to trainees and persons who do not receive cash wages exceeding an amount determined by the Board of Directors shall be borne entirely by employers.
  2. 2)Contributions of persons affiliated to voluntary insurance as provided in Article 11 of this Law shall be borne entirely by those persons; however, the State contribution referred to in the preceding paragraph shall apply to voluntary Sickness and Maternity Insurance.
  3. 3)4-
  4. 4)The limitation period for contributions and late-payment surcharges referred to in Articles 71 et seq. of the Social Security Law, and for all other debts owed to the Fund by employers, is five years from the date of the declaration relating to the insured person in respect of whom the debt is owed, subject to a maximum of ten years from the date of entitlement.
  5. 5)The limitation period shall be suspended and interrupted for the reasons set out in the Code of Obligations and Contracts (1), and by the formal notice referred to in Article 78 of the Social Security Law.
  6. 6)The limitation period for amounts paid to the Fund that were not due is five years from the date of payment.
  7. 7)The limitation period for settlement amounts arising upon liquidation of the insured person's account pursuant to paragraph 4 of Article 54 of the Social Security Law is five years from the date of entitlement as defined in the Fund's internal regulations.
  8. 8)5-
  9. 9)Debts owed to the Fund may be written off and removed from the accounts or recorded in special off-budget accounts pursuant to a decision of a special committee of the Fund if the debt is trivial or irrecoverable. The Fund's internal regulations shall define the value of accumulated amounts considered trivial and the conditions required for a debt to be deemed irrecoverable.
  10. 10)The decisions of the committee referred to in the preceding sub-paragraph shall be final and binding on the Fund.
  11. 11)The Fund's internal regulations shall define the details and procedures for applying this paragraph, as well as the composition of this committee and its working methods. The committee shall be appointed by a decision of the Board of Directors upon the proposal of the Director General, for a term of one year, renewable.
  12. 12)All debts owed to the Fund by employers and persons subject to insurance, particularly contributions, late-payment surcharges, and settlement amounts referred to in paragraph 4 of Article 54 of the Social Security Law, shall rank as privileged debts classified immediately after the State's debt, and this privilege shall attach from registration.

1. See Articles 354 to 359 of the Code of Obligations and Contracts dated 9/3/1932 regarding the suspension and interruption of the limitation period.

3. See Law No. 87/2 dated 6/1/1987 amending the age at which coverage under the End-of-Service Indemnity system as provided in the Social Security Law ends.

Amended 1977Amended 1982
ARTICLE 74

Determination of Sickness and Maternity Insurance Contributions for Certain Insured Persons as a Percentage

Sickness and Maternity Insurance contributions payable by insured persons who benefit only from medical care shall be fixed at a percentage rate lower than the contribution rate applicable to other insured persons.

ARTICLE 75

Additional Surcharge Imposed on an Employer who Commits Negligence

  1. 1)Without prejudice to the penalties provided for in other laws, the Fund may, with respect to Occupational Accidents and Diseases Insurance, impose on an employer who commits negligence, or whose equipment does not comply with the regulatory provisions on worker protection, safety, and health, or where the rate of exposure to occupational accidents and diseases is high, an additional surcharge on the contributions referred to in Article 71 of this Law. The Fund may, upon the employer's request, refund part of the contributions paid if the employer's equipment and the measures taken comply with the provisions of this Law and the rate of exposure to accidents in the institution is low. The conditions of application of this Article shall be defined in the Fund's internal regulations.
  2. 2)An employer who fails to report an occupational accident or occupational disease within the period specified in paragraph one of Article 58 shall be liable to a fine ranging between one hundred and one thousand Lebanese pounds (1). Fines shall be imposed in proportion to the violations. In the event of recurrence within the same year, the penalties shall be doubled.

1. See Article 30 of Law No. 89 dated 7/9/1991, which increased the fines imposed by courts.

Amended 1977
ARTICLE 76

Determination by the Board of Directors of Rules for Applying the Social Security Law

The Board of Directors shall, in accordance with the provisions of Article 3 of this Law, define the rules governing the registration of employers and insured persons, declarations of entry into and departure from employment, methods of paying contributions, surcharges, and advances, as well as all other measures necessary for the application of this Law.

Section 4Supervision and Penalties
ARTICLE 26

The Insured Female's Right to Maternity Compensation

  1. 1)Every insured female is entitled to maternity compensation (1) for the period of ten weeks during which the delivery occurs (2), provided she refrains from work and does not receive any wage during that period.
  2. 2)Maternity compensation equals two-thirds of the average daily earnings specified in paragraph 2 of Article 23 of this Law, which would have been used as the basis for calculating sickness compensation as of the date the person concerned ceased work.
  3. 3)The provisions of paragraph 3 of Article 23 and paragraph 2 of Article 25 of this Law shall apply mutatis mutandis to maternity compensation.

1. The provisions on maternity compensation have not been implemented to date; the provisions of Articles 28 and 29 of the Labour Law dated 23/9/1946 continue to apply.

2. Maternity compensation is due to the insured female regardless of whether the child was born alive or stillborn.

ARTICLE 35

Right to a Disability Pension and its Determination

  1. 1)An insured person who, as a result of an occupational accident or occupational disease, suffers a permanent and total disability certified by the Fund's medical audit service, shall be entitled to a lifelong disability pension equal to two-thirds of his annual earnings.
  2. 2)An insured person who, as a result of an occupational accident or occupational disease, suffers a permanent and partial disability certified by the Fund's medical audit service, shall be entitled to:
  3. 3)If the assessed degree of disability is at least 30%, a disability pension whose amount is determined in proportion to the degree of disability relative to the pension he would have received in the event of permanent total disability.
  4. 4)If the assessed degree of disability is less than 30%, a lump-sum compensation fixed once and for all, equal to three annual instalments of the partial disability pension to which he would be entitled if such a pension were payable for the degree of disability he sustained.
  5. 5)The rate of permanent disability applicable to the various types of injury shall be defined in a schedule established by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour and Social Affairs and following deliberation by the Board of Directors.
  6. 6)An insured person receiving a permanent disability pension who requires continuous assistance from another person shall be entitled to an additional compensation whose amount is fixed in the internal regulations.
  7. 7)The annual earnings used as the basis for calculating the disability pension equal 360 times the average daily earnings as defined in paragraph 3 of Article 34 of this Law, or the income actually earned during the twelve consecutive months immediately preceding the month in which the accident occurred or the disease manifested itself, whichever is more favourable to the insured person. The provisions on the minimum and maximum limits set out in Article 34 of this Law shall apply to the annual earnings used as the basis for calculating the disability pension and to the disability pension itself.
  8. 8)The disability pension becomes payable at the latest as of the first day of the thirteenth month following the month in which the accident occurred or the occupational disease manifested itself. However, this period may be extended for a maximum of one further year upon the request of the treating physician and with the approval of the Fund's medical audit.
  9. 9)The disability pension shall be paid in advance; the methods of payment shall be defined in the internal regulations.

2. No decree has yet been issued defining the rate of permanent disability for the various types of injury.

Amended 1977
ARTICLE 36

Review of the Disability Pension

  1. 1)The Fund shall review the amount of the pension, either spontaneously or upon request of the person concerned, if the Fund's medical audit certifies a significant aggravation or improvement following the settlement of the disability pension. A review shall also be conducted in the event of the beneficiary's return to work.
  2. 2)Notwithstanding the foregoing, a pension may not be reviewed once six months have elapsed since its settlement, except year by year at minimum. This rule shall not apply if a new curative treatment was used in the meantime, if the temporary aggravation of the effects of the occupational accident or occupational disease has subsided, or in the event of the beneficiary's return to work.
Amended 1977
ARTICLE 37

Insured Person Suffering a Second Occupational Accident or Occupational Disease

If a beneficiary of a disability pension suffers a further occupational accident or occupational disease, the amount of the pension shall be redetermined taking into account the cumulative total of all injuries sustained. If the beneficiary's annual earnings at the time of the subsequent accident or disease exceed the annual earnings used as the basis for calculating the first pension, the new pension shall be calculated on the basis of the higher earnings.

ARTICLE 38

Cancellation of the Occupational Accident or Occupational Disease Pension and Recovery of Compensation Paid

  1. 1)The occupational accident or occupational disease pension shall be cancelled and, where appropriate, compensation paid without entitlement shall be recovered, in the following cases:
  2. 2)Where the person concerned obtained or attempted to obtain, by fraudulent means, benefits to which he was not entitled.
  3. 3)Where the disease or accident resulted from a felony or misdemeanour committed by the person concerned, or from a deliberate act on his part.
  4. 4)The Fund may suspend payment of compensation or reduce its amount:
  5. 5)Where the person concerned refuses to submit to the medical and administrative monitoring and examinations provided for in the Fund's internal regulations, or fails to comply with medical instructions after being authorised to stop work.
  6. 6)During any stay by the person concerned outside the country, unless the internal regulations provide otherwise.
  7. 7)During any period in which the person concerned is serving a custodial sentence.
Amended 1977
ARTICLE 77

Obligations of Employers and Fund Inspectors

  1. 1)Employers shall be subject to the Fund's supervision with respect to the application of the provisions of this Law and the implementing decrees and regulations.
  2. 2)The supervisory functions shall be performed by inspectors in the Fund's establishment. The Fund's internal regulations shall define the special inspection establishment, the inspectors' powers, the rules of supervision referred to in paragraph 1 of this Article and the procedures for conducting it, as well as the procedures for submitting documentary objections to the reports and financial statements drawn up by inspectors.
  3. 3)Fund inspectors referred to in paragraph 2 of this Article must, before commencing their duties, take the following oath before the civil courts in Beirut: «I swear to carry out my duties with full integrity and faithfulness, and not to disclose trade secrets or investment methods that I may learn of in the exercise of my duties».
  4. 4)Any violation of the oath referred to in paragraph 3 of this Article shall expose the inspector to the penalties provided in Article 579 of the Penal Code.
  5. 5)The violation reports, financial assessment notices, and reports drawn up by inspectors as a result of their supervisory work pursuant to paragraph 2 of this Article shall be deemed authentic until proven otherwise. Information relating to the identity and address of the offender shall be obtained through the public prosecutor's office if the offender refuses to provide such information or obstructs the inspector from obtaining it.
  6. 6)Employers are required to record, without blanks, insertions, erasures, or corrections, in a special register maintained in accordance with a model drawn up by the Fund's administration, the name, date and place of birth, wage, and additional benefits of each person subject to insurance, before they commence work, as well as the date of cessation of work or dismissal within three days at the most following such cessation.
  7. 7)Employers are required to make available to Fund inspectors the register referred to in paragraph 6 of this Article, as well as all books, papers, and accounting documents containing or capable of containing wage records and details of persons subject to insurance and information relating to them.
  8. 8)Employers or their representatives must receive Fund inspectors at the times fixed for them, and provide them with the explanations, information, documents, and supporting evidence requested relating in particular to the enterprise's activities, changes in the situation of insured persons, the dates of commencement and cessation of their employment, their place of work, and the type, amount, and method of calculating their wages or earnings.
  9. 9)If an employer or his representative or any person connected with them or the enterprise obstructs an inspector in the performance of his duties or for any reason related thereto, or prevents him from carrying out those duties, or impedes his work, the offender shall be liable, in addition to the penalties provided in the Penal Code, to a fine ranging between 500 and 1,000 Lebanese pounds (1) and imprisonment for one to three months, or either of these penalties, with the penalty doubled in the event of recurrence.
  10. 10)Fund inspectors may request the assistance of public administrations and security forces to carry out their assigned duties.

1. See Article 30 of Law No. 89 dated 7/9/1991, which increased the fines imposed by courts.

Amended 1977
ARTICLE 78

Effect of the Employer's Failure to Submit Documents

Where an employer fails to submit, within the prescribed time limits, the documents relating to wages, or fails within the same time limits to submit the registers or other declarations provided for in the Fund's internal regulations, or if these documents are incomplete, the Fund shall send him a registered letter requesting him to rectify his situation and comply with the legal and regulatory provisions within eight days of receiving the notice. If the employer fails to comply with the content of the notice within that period, the Fund shall be entitled to unilaterally assess the contributions due on a definitive basis. Decisions relating to the assessment of contributions shall be enforced through the enforcement departments (2).

Amended 1967
ARTICLE 79

Increases on Unpaid Contributions and Methods of Collection

  1. 1)Contributions not paid within the prescribed period shall automatically be increased at the rate of one-half per thousand per day of delay.
  2. 2)The late-payment increase referred to in the preceding paragraph shall be collected by the Fund when contributions are paid; if the employer refuses to pay it upon settling the contributions, it shall be collected in accordance with the procedures applicable to the collection of contributions and other debts owed to the Fund.
Amended 1977
ARTICLE 80

Penalties Imposed on an Employer who Violates the Law

  1. 1)An employer who unlawfully withholds the contribution deducted from the wage or earnings of a person subject to insurance and due to the Fund shall be liable to imprisonment from three to six months or a fine of between 100 and 1,000 Lebanese pounds (4) or both penalties, if he fails to pay the amount owed within a maximum period of fifteen days from the date of service upon him by legal means of a formal demand for payment.
  2. 2)An employer who fails to maintain the register referred to in paragraph 6 of Article 77 of this Law shall be liable to a fixed fine of 400 Lebanese pounds for each person omitted from the register, or for whom the required information was not recorded or was not recorded in time. The penalty shall be doubled if the employer fails to pay the fine within fifteen days of the date of drawing up the violation report.
  3. 3)a- The employer is required to inform the Fund within one month at most of the date of occurrence of any legal or administrative changes to his enterprise that may affect the application of the Social Security Law. These cases shall be defined in the Fund's internal regulations.
  4. 4)An employer who fails to notify the Fund of the changes referred to in the preceding sub-paragraph shall be liable to a fine of between 200 and 1,000 Lebanese pounds.
  5. 5)Where an enterprise is sold, transferred, or made the subject of any contract referred to in Legislative Decree No. 11 dated 11/7/1967, all parties to the contract are required to notify the Fund of this fact within three days at most of the date of its occurrence.
  6. 6)Any person who fails to fulfil the obligations specified in the preceding sub-paragraph shall be liable to the fine provided in sub-paragraph (b) of this paragraph and shall become jointly and severally liable with the principal debtor or debtors for the amounts owed to the Fund, notwithstanding any contrary provision.
  7. 7)a- An employer who fails to declare the entry into employment or the departure from employment of a person subject to insurance within fifteen days of the date of entry or departure shall be liable to a fine of between 100 and 1,000 Lebanese pounds. If the delay in declaration exceeds three months from the date of entry or departure, the offender shall be liable to an additional fine of 50 Lebanese pounds per month per person, subject to a maximum total fine in all cases of 1,000 Lebanese pounds per person.
  8. 8)The Fund shall not require a declaration in respect of a person subject to insurance who worked for fewer than ten days, unless that person belongs to a category for which the Fund's internal regulations provide special treatment. This does not exempt the employer from registering such a person in the special register referred to in paragraph 6 of Article 77 of this Law.
  9. 9)An employer who fails to submit the annual nominal declaration required by the Fund's internal regulations within the prescribed period shall be liable to a fine of 500 Lebanese pounds if the enterprise pays contributions on a monthly basis, and 200 Lebanese pounds if contributions are paid on a non-monthly basis. If the delay exceeds three months, the offender shall be liable to an additional fine of 10 Lebanese pounds per month per person subject to insurance; a fraction of a month counts as a full month, subject to a minimum total fine of five hundred pounds and a maximum of five thousand Lebanese pounds. The fine shall be automatically collected by the Fund upon submission of the annual nominal declaration; if the employer refuses to pay it at the time of submission, it shall be collected in accordance with the procedures for collecting contributions and other Fund debts.
  10. 10)Offenders against the provisions of paragraphs 1, 3, and 4 of this Article shall not be prosecuted before courts if they pay the minimum basic fine and any additional fines due in proportion to the period of delay for violations under paragraph 4 above, within fifteen days of the date of drawing up the violation report. This paragraph shall not apply in the event of recurrence within one year.
  11. 11)a- Fines imposed shall be paid to the administration of the National Social Security Fund.
  12. 12)The penalty shall be doubled in the event of recurrence within one year.

3. See Articles 1 to 6 of Decree No. 9816 dated 4/5/1968 on penalties for violations of the rules governing the employment of workers.

4. See Article 30 of Law No. 89 dated 7/9/1991 (Budget Law) which increased the fines imposed by courts, and Article 2 of Law No. 753 dated 22/5/2006 which tripled all fines in the Social Security Law.

Amended 1977
ARTICLE 81

Penalties Imposed on Persons who Unlawfully Receive Benefits

Without prejudice to the provisions of Articles 25 and 34 of this Law, any person who intentionally benefits personally or intentionally enables another to benefit from benefits to which he is not entitled, through fraud or by submitting false or untrue declarations, shall be liable to a fine of between 500 and 2,000 Lebanese pounds, in addition to any custodial sentence to which he may be subject under the Penal Code, and shall be obliged to reimburse the Fund for the amounts paid without entitlement.

Amended 1977
ARTICLE 82

Cases of Non-Compliance by an Employer with the Provisions of the Social Security Law

In cases other than those provided for in Articles 80 and 81 above: if an employer fails to comply with the provisions of this Law, the Director General of the Fund shall send him a registered letter calling upon him to rectify his situation within eight days; the Director General must refer the matter to the labour courts for adjudication pursuant to Article 85 below if the employer fails to comply with the request.

ARTICLE 83

Consequences of Failure to Declare an Employee or Delay by the Employer in Paying Contributions

With respect to the Occupational Accidents and Diseases Insurance branch, where an employee has not been declared or where the employer is in arrears in paying the contributions due from him, wholly or partly, up to and including the day of the accident, the Fund shall provide the employee with all benefits due to him, and the employer shall remain a debtor of the Fund for an amount equal to the total benefits due or paid to the employee or to the entitled beneficiaries after him, until full payment of the contributions and the corresponding surcharges.

ARTICLE 1

Establishment of the National Social Security Fund

  1. 1)A National Social Security Fund, hereinafter referred to in this Law as «the Fund», is hereby established to administer the social security system (1) with its multiple branches.
  2. 2)The Fund is an independent institution of social character subject to the provisions of this Law, possessing legal personality (2) and financial and administrative autonomy. Its head office is in Beirut and it may establish regional and local offices.
  3. 3)Within the limits set out in Article 3 of this Law, the Fund is subject to:
  4. 4)The supervisory authority of the Ministry of Labour through a Government Commissioner whose powers are defined by an implementing decree (3) adopted in the Council of Ministers.
  5. 5)The prior supervisory authority of the Council of Ministers.
  6. 6)The ex-post audit of the Court of Audit without any prior control (4).
  7. 7)The governing bodies of the Fund consist of a Board of Directors, a Technical Committee, and a Secretariat-General; the Secretariat-General is subordinate to the authority of a Director General.
  8. 8)The Fund is not subject to the supervision of the Civil Service Board or the Central Inspection, nor are the provisions of Legislative Decree No. 150 dated 12 June 1959 (1) applicable to it.

1. The National Social Security Fund is not subject to the general regulations governing public institutions (Decree No. 4517 dated 13/12/1972), pursuant to Article 40 of that Decree.

2. Legal personality is the attribution of corporate status to a body or association, giving it a separate legal existence and distinct financial regime that enables it to purchase, enter into contracts, litigate, and hold assets.

3. See Decree No. 15255 dated 1/2/1964 defining the powers and allowances of the Government Commissioner to the National Social Security Fund.

4. See Article 15 of the Regulations attached to Decree No. 3489 dated 28/12/1965 concerning the procedure for transmitting the accounts, documents, and supporting papers of the public institution.

ARTICLE 2

Composition of the Board of Directors

  1. 1)The Board of Directors shall be composed of the following representatives:
  2. 2)Six representatives of the State, who may be chosen from among civil servants in government departments and public institutions or from outside.
  3. 3)Ten representatives of the professional organisations most representative of employers referred to in Article 9, paragraph 1 of this Law.
  4. 4)Ten representatives of the professional organisations most representative of employees (workers and staff) referred to in Article 9, paragraph 1 of this Law.
  5. 5)Representatives of the agricultural employers' and employees' organisations most representative of employers and employees, whose number and method of selection shall be determined by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour.
  6. 6)The organisations referred to in paragraphs (b) and (c) above shall determine the number of their representatives by a decree (4) adopted in the Council of Ministers upon the proposal of the Minister of Labour, ensuring the broadest possible representation of existing sectors. The said organisations shall elect their representatives and the elections shall be confirmed by a decree adopted in the Council of Ministers. The Government may request any of these organisations to replace its elected representative with another when it deems there is cause to do so.
  7. 7)Representatives are appointed for a term of four years. A representative must be Lebanese and have experience in his field of work.
  8. 8)If a representative resigns or dies, a successor shall be appointed for the remainder of the term, following the same procedure used in appointing the predecessor.
  9. 9)New representatives shall be appointed or their election confirmed at least two months before the expiry of the current term.
  10. 10)The new Board of Directors shall, at its first meeting, elect its Bureau composed of a Chairman, a Vice-Chairman, a Secretary and four members, ensuring that the State is represented by two members and that employers and employees are each represented by three members.
  11. 11)The term of the Bureau is four years, renewable, provided that the term of any Bureau member expires upon the expiry or forfeiture of his membership on the Board of Directors (5).
  12. 12)Decisions of the Board and the Bureau are taken by absolute majority; each representative has one vote, and in the event of a tie the Chairman's vote is casting.
  13. 13)[Paragraph added by Decree No. 1881 dated 5/4/1979]: The majority voting in the Board of Directors for decisions taken must be an absolute majority of each of the representatives of the State, employers, and employees; if this is not achieved at a first session, the Board shall be convened to a second session to vote on such decisions by absolute majority of Board members without distinction, provided that the interval between the first and second sessions is not less than two weeks (1).
  14. 14)The Bureau shall sign the decisions it takes at its first meeting after they are adopted.
  15. 15)The Board shall adopt its internal rules (2) and determine its meeting schedule; it shall not meet at the call of its Chairman less than twice a month, and may hold extraordinary meetings if requested in writing by at least five representatives, or upon request of the Minister of Labour, the Chairman of the Technical Committee, or the Director General.
  16. 16)The Bureau shall determine its own meeting schedule, meeting at the call of its Chairman at least twice a week, and may hold extraordinary meetings upon request of at least three of its members, or upon request of the Minister of Labour, the Chairman of the Technical Committee, or the Director General.
  17. 17)Representatives shall receive an attendance allowance for each meeting of the Board and Bureau they attend. The amount of this allowance and the monthly maximum that a representative may receive for attendance at Board and Bureau meetings shall be fixed by a decree (3) adopted in the Council of Ministers upon the proposal of the Minister of Labour. No representative may receive any salary or other compensation for any work performed for the Fund.
  18. 18)Members of the Board of Directors are personally liable, vis-à-vis third parties, for acts of fraud committed in the exercise of their duties. They do not incur collective liability for their acts in the Board and Bureau except where damage caused to injured parties results from a violation of a decision recorded in the meeting minutes.
  19. 19)An action for liability shall be time-barred upon the expiry of five years from the date of the impugned decision.

1. Legislative Decree No. 150 dated 12/6/1959 on independent services was repealed and replaced by Decree No. 4517 dated 13/12/1972 (General Statute of Public Institutions). The National Social Security Fund was exempted from its application.

2. Application of the amendment to Articles 2 and 3 of the Social Security Law was suspended by virtue of Law No. 81/6 dated 20/2/1981 and further extended to 31/12/1982 by Decree No. 5441 dated 20/9/1982.

3. The decree designating representatives of the agricultural employers' and employees' organisations has not yet been issued.

4. See Decree No. 2390 dated 25/4/1992 defining the professional organisations most representative of employers and employees.

5. See Decree No. 3127 dated 28/1/1993 appointing a temporary committee to carry out the functions of the Board of Directors of the National Social Security Fund.

Amended 1974Amended 1978Amended 1979
ARTICLE 3

Powers of the Board of Directors

The powers of the Board of Directors of the Fund shall cover in particular the following matters:

  1. 1)Matters requiring a decree adopted in the Council of Ministers:
  2. 2)Organising the appointment of the Financial Committee entrusted with investing the Fund's assets for short, medium, or long terms pursuant to Article 64, paragraph 2 of this Law.
  3. 3)Authorising the Director General to acquire or sell immovable property whose value exceeds the amount fixed in the internal regulations, when such property is intended for the Fund's internal operations or for social services under its direct authority.
  1. 1)Matters requiring approval of the supervisory authority:
  2. 2)Proposing the Fund's various internal regulations, staff regulations, and the salary scale for the Fund's various departments.
  3. 3)Proposing the Fund's administrative budget and supplementary budgets.
  4. 4)Approving the final accounts of the administrative budget, supplementary budgets, and other Fund accounts, together with the reports and explanatory statements specified in the Fund's regulations.
  5. 5)Determining the principles governing social investments.
  6. 6)Determining the principles for establishing local and regional offices.
  1. 1)Matters decided by the Bureau:
  2. 2)Decisions not required by law to be submitted to the Council of Ministers and not requiring approval of the supervisory authority.
  3. 3)Decisions to be taken as a result of the Technical Committee's reports or observations of the supervisory authority that are administrative or technical in nature and do not require referral to the Council of Ministers or the supervisory authority.
  4. 4)Appointment of third- and second-category employees following competitive examination as provided in Article 6 of this Law.

4- The Board of Directors shall, within the time limit specified above, transmit to the supervisory authority through the acting Government Commissioner, together with his opinion, the decisions referred to in paragraphs 1 and 2 of this Article, accompanied by the minutes of the relevant session.

5- If the supervisory authority (1) does not communicate a reasoned rejection to the Board of Directors within one month of the date of receipt of the submitted decisions, those decisions shall be deemed approved upon the expiry of the said period. The same applies to decisions referred to the Council of Ministers under paragraph 1(a) of this Article.

1. Unlike what is stated in paragraph 4 of Article 3, the Law does not restrict in paragraph 5 the period for the supervisory authority's refusal to the Government Commissioner's notification period, since the decree fixing the Commissioner's powers does not refer to that.

2. Once the internal regulations are approved by the supervisory authority they become an integral part of the Social Security Law.

3. See Decree No. 15996 dated 6/4/1964 defining the allowance of the Chairman of the Board of Directors of the National Social Security Fund.

4. Application of this amendment was suspended until the end of 1981 by Law No. 81/6 dated 20/2/1981, and was extended to 31/12/1982 by Decree No. 5441 dated 20/9/1982.

Amended 1978
ARTICLE 4

The Technical Committee

  1. 1)The Technical Committee is a permanent body of the Fund that exercises the functions assigned to it under this Law and the Fund's regulations.
  2. 2)The Technical Committee shall be composed of a Chairman and two members.
  3. 3)The Chairman and two members of the Technical Committee shall be appointed by a decree (2) adopted in the Council of Ministers upon the proposal of the Minister of Labour. In addition to the general conditions of appointment applicable in the Fund, the following specific conditions must be met:
  4. 4)For the Chairman: he must be from the first category of the State's general administrative cadre or eligible for promotion thereto; or he must hold a university degree recognised upon completion of second-year baccalaureate studies, or its equivalent, in law, financial, economic, or commercial sciences, with at least ten years of practical experience in his field after obtaining the degree.
  5. 5)For the two members: they must be from the second category of the State's general administrative cadre or eligible for promotion thereto; or they must hold a university degree requiring at least three years of study after the second-year baccalaureate or its equivalent in the same fields prescribed for the Chairman, with at least five years of experience in the member's field after obtaining the degree.
  6. 6)A special grade outside the Fund's establishment shall be created with two ranks: one for the Director General and one for the Chairman of the Technical Committee, with the salary scale for each rank defined in the Fund's internal regulations. The two members of the Technical Committee shall be governed by the salary scale of the first category of the Fund's establishment.
  7. 7)The service of the Chairman or either member of the Technical Committee may be terminated by a decree adopted in the Council of Ministers for any of the reasons specified in paragraph (a) of Article 5, and following an inquiry whose procedures are defined in a special charter approved by the Board of Directors and subject to ratification by the supervisory authority.
  8. 8)The Chairman and members of the Technical Committee are prohibited from receiving any compensation for any assignment entrusted to them by the supervisory authority, the Board of Directors, or the Director General. They may not be appointed to any post within the Fund's operations for a period of two years following the termination of their service on the Technical Committee.
  9. 9)The Chairman of the Technical Committee shall manage the department of employees under the Committee and for that purpose shall enjoy all the powers of the Fund's Director General.
  10. 10)Employees in the Technical Committee's establishment shall be appointed pursuant to the appointment conditions adopted in the Secretariat-General, following a competitive examination held by special committees at the request of the Chairman of the Technical Committee and with the approval of the supervisory authority.
  11. 11)The Chairman and members of the Technical Committee shall be entitled to the benefits of the sickness and maternity insurance branches provided under the Social Security Law subject to the conditions specified therein.
  12. 12)The Chairman of the Technical Committee shall participate in the deliberations of the Board of Directors and the Bureau without having the right to vote; in his absence he shall be represented by one of the two members.
  13. 13)The provisions of paragraphs 13 and 14 of Article 2 of this Law shall apply to the Chairman and members of the Technical Committee.
  14. 14)a- The appropriations allocated to the Technical Committee shall be entered in the Fund's administrative budget.
  15. 15)The Technical Committee shall convene at the call of its Chairman or his substitute.
  16. 16)The expenses of the Technical Committee shall be liquidated and disbursed in accordance with the procedures prescribed in the Fund's financial regulations.
  17. 17)The Technical Committee shall:
  18. 18)Audit the Fund's accounts pursuant to annual, extraordinary, or special programmes. The Committee shall prepare its annual programme before the end of a designated month each year and shall prepare extraordinary programmes whenever the need arises. As regards special programmes, the Committee's recommendations shall be addressed to the Minister of Labour, the Chairman of the Board of Directors, the Director General, and the Chairman of the Technical Committee.
  19. 19)Submit proposals for improving working methods and simplifying procedures.
  20. 20)Conduct, within its mandate, studies assigned to it by the supervisory authority, the Board of Directors, or the Fund's Director General.
  21. 21)Prepare the following general and specific reports:
  22. 22)- An annual report covering the audit work of the previous year, to be submitted to the Minister of Labour, the President of the Court of Audit, the Chairman of the Board of Directors, and the Director General by the end of May each year at the latest.
  23. 23)- An annual report on draft final accounts of the administrative budget and supplementary budgets, in accordance with the Fund's financial regulations.
  24. 24)- Special reports on working methods, the progress of procedures, and any matter assigned to the Technical Committee.
  25. 25)The Technical Committee shall have the right to contact directly all Fund departments and employees, and to obtain the documents and records it needs to carry out its work, provided it keeps the Fund's Director General informed.

1. Paragraph (a) was omitted in the text published in the Official Gazette for this Article.

2. The decree appointing the Chairman and two members of the Technical Committee has not yet been issued.

Amended 1978
ARTICLE 5

Appointment and Dismissal of the Director General

  1. 1)A Director General shall be appointed at the head of the Fund's Secretariat-General by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors; the Director General may similarly be dismissed or retired by the same procedure.
  2. 2)The Director General must hold a recognised university degree and have qualifications in social, administrative, or financial affairs together with practical experience in banking and insurance management. The Director General may not be a member of the Board of Directors or of the Technical Committee.
  3. 3)The Director General is responsible for implementing the decisions of the Board and Bureau and managing the Fund's Secretariat-General; he shall refer to the Board of Directors all documents and proposals necessary for decisions to be taken by the Board. The Director General shall attend meetings of the Board or delegate Directors to represent him thereat. He may also attend sessions of the Technical Committee or designate a representative to attend (1). The provisions of paragraph 12 of Article 2 of this Law shall apply to the Director General and the staff of the Fund's Secretariat-General.
  4. 4)The provisions of paragraph 12 of Article 2 of this Law shall apply to the Director General and the staff of the Fund's Secretariat-General (1).
  5. 5)a- The Director General may be dismissed for any of the following reasons:
  6. 6)- Commission of a felony or misdemeanour.
  7. 7)- Commission of a serious error in the exercise of his duties.
  8. 8)- Incompetence or gross negligence in the exercise of his duties.
  9. 9)The Chairman of the Board of Directors shall refer the dismissal file to the supervisory authority accompanied by the following documents:
  10. 10)- Minutes of the Board of Directors meeting relating to the dismissal.
  11. 11)- Written approval of the Government Commissioner.
  12. 12)- Reasoned opinion of the Technical Committee.
  13. 13)The supervisory authority shall refer the dismissal file together with its endorsement to the Council of Ministers.
  14. 14)In the case of resignation, the request shall be submitted to the Board of Directors, which shall refer it with its endorsement to the supervisory authority, which in turn shall refer it to the Council of Ministers.

1. Paragraph 12 of Article 2 before its amendment dealt with the liability of Board members and became paragraph 13 after the amendment.

ARTICLE 6

Composition of the Fund's Establishment: Technical and Administrative Staff

  1. 1)a- The Fund's establishment shall consist of technical and administrative staff.
  2. 2)All Fund employees up to and including grade six shall be appointed following competitive examination. Employees in grade seven shall be appointed following an examination; the terms of the competitive examination and examination shall be determined by special committees established by a decision of the Board of Directors upon the proposal of the Director General.
  3. 3)Grade-one employees shall be appointed by decision of the Board of Directors; employees in grades two and three shall be appointed by decision of the Bureau; the Director General shall appoint employees in other grades.
  4. 4)Locally trained employees shall have the right to choose the position to which they are promoted from among vacant positions, subject to conditions defined in the internal regulations.
  5. 5)Any Fund employee may be transferred from one department to another with the approval of the heads of both departments concerned.
  6. 6)The Fund may appoint government officials on a temporary secondment basis in accordance with Articles 50 and 51 of Legislative Decree No. 112 dated 12 June 1959, and with the approval of the Ministers concerned. The period of service spent by these officials at the Fund shall be counted as actual service in the State's establishment, provided that their pension deductions are proven to be paid on the basis of the grades they hold in their original post.
  7. 7)The salaries and conditions of service of Fund employees shall be defined in the Fund's staff regulations.
  8. 8)All Fund employees, regardless of category, shall be subject to the provisions of the Labour Law, with the exception of the employees referred to in paragraph 2 of this Article, who shall remain subject to their own regulations.
  9. 9)A medical committee (1) permanently attached to the Fund (2) shall be established by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The powers of this committee shall be defined in the Fund's internal regulations.
Amended 1978
Chapter 2

Settlement of Disputes

ARTICLE 7

Branches of Social Security

Social security shall comprise the following branches:

  1. 1)Sickness and Maternity Insurance.
  2. 2)Occupational Accidents and Occupational Diseases Insurance (3).
  3. 3)Family and Educational Allowances System (4).
  4. 4)End-of-Service Indemnity System.
  5. 5)It shall be implemented in three phases.

1. See Decree No. 7256 dated 8/5/1967 and its amendments, concerning the composition of the Medical Committee attached to the National Social Security Fund.

2. See Article 2 of Decision No. 1/594 dated 7/9/1970 defining the modalities of cooperation between occupational physicians in public services and institutions and the National Social Security Fund.

3. See Article One of Law No. 248 dated 9/8/2000 on establishing an optional health insurance system for elderly Lebanese citizens.

4. By virtue of Article One of Law No. 155 dated 22/7/1992, the designation «Family Compensation System or Branch or Fund» was repealed wherever it appeared in the draft law placed into force by Decree No. 13955 dated 26 September 1963 and its amendments, and replaced by «Family and Educational Allowances System or Branch or Fund».

5. This Law was published in the Official Gazette, supplement to issue No. 78 dated 30/9/1963.

6. Implementation of the branches commenced at intervals determined by Decree No. 14035/1970 (Sickness and Maternity), Decree No. 2957/1965 (Family and Educational Allowances), and Decree No. 1519/1965 (End-of-Service Indemnity). The Occupational Accidents and Diseases branch has not been implemented to date.

ARTICLE 8

Commencement of the Phases of Social Security

The first phase shall begin no later than twenty days after the date of publication of this Law in the Official Gazette (5). The date on which each branch listed in the preceding Article shall commence implementation shall be fixed by a decree (6) adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors. The second phase shall begin no later than two years after the date on which the last branch of the first phase is placed into force. The third phase shall begin no less than two years after the date on which the second phase is placed into force.

ARTICLE 9

Definition of Persons Entitled to Benefits from the National Social Security Fund from the First Phase

First The following persons shall be subject to the provisions of this Law from the first phase, provided they work within Lebanese territory:

  1. 1)With regard to all branches mentioned in Article 7:
  2. 2)Lebanese employees (workers and staff) whether permanent, temporary, apprentices, seasonal, or trainees (1), regardless of the contract under which they work for one or more employers, Lebanese or foreign; regardless of the duration, nature, type, or validity of the contracts binding them to their employer; and regardless of whether remuneration is paid wholly or partly as wages, commissions, a share of profits, or in any other form, whether paid by the employer or by third parties such as gratuities.
  3. 3)Lebanese employees not bound by a specific employment contract working in the maritime, port, contracting, construction, and press sectors, as well as other Lebanese employees not bound by a specific employment contract, regardless of the nature or manner of their earnings.
  4. 4)Members of the teaching staff in higher education institutions referred to in the Law on the Organisation of Higher Private Education dated 26/12/1961 and in the technical institutes referred to in Article 12 of Implementing Decree No. 7880 dated 25/7/1967 (2).
  5. 5)The dates on which each branch of social security shall commence for each of the sectors and categories mentioned in sub-paragraphs (b) and (c) above, and the conditions of coverage for temporary and seasonal employees referred to in sub-paragraph (a), shall be fixed by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  6. 6)Lebanese nationals working for the State, municipalities, any administration, public institution, independent service, or those dealing with foreign agencies (3) (4), regardless of the duration, nature, type, or validity of their appointment or contractual engagement.
  7. 7)Persons mentioned above shall be subject to the End-of-Service Indemnity branch and contributions shall be paid on their behalf from the date of their entry into employment if they are still engaged therein. Persons who entered employment before 1/5/1965 and continued therein may opt to join the End-of-Service Indemnity Fund within one year of the date of publication of this Law in the Official Gazette, in accordance with the procedures and conditions specified in Law No. 27 dated 25/9/1974.
  8. 8)With respect to the Family and Educational Allowances and Sickness and Maternity branches, any allowances actually paid to those persons or any contributions actually paid on their behalf under those two branches shall not have retroactive effect.
  9. 9)Permanent State officials as defined in paragraph 2 of Article One of Legislative Decree No. 112 dated 12/6/1959 are excluded from the provisions of this sub-paragraph.
  10. 10)[Paragraph added by Law No. 82/3 dated 28/1/1982]:
  11. 11)Lebanese nationals working for municipalities are excluded from the effective date of coverage set out in this sub-paragraph and shall be subject to the Sickness and Maternity, Family and Educational Allowances, and End-of-Service Indemnity branches only under the following conditions:
  12. 12)For the Sickness and Maternity and Family and Educational Allowances branches:
  13. 13)Without any retroactive effect, as of 1/4/1982 (5).
  14. 14)For the End-of-Service Indemnity branch:
  15. 15)Effective from the date of contributions actually paid, as of the aforesaid date (1/4/1982), provided that the period already elapsed by that date is taken into account. Municipalities shall settle their prior indemnities in accordance with Article 53 and submit the settlement account to the Fund within four months of the effective date of this Law. These accounts shall remain held in full by the municipalities until a settlement is requested and one of the legally prescribed circumstances arises. Entitlement to the indemnity and payment of the prior period account along with the settlement amount arising from its liquidation, in accordance with legal provisions, shall be effected within one month of the date of the Fund's demand for payment. Municipalities shall not be required to pay any contribution arrears previously paid to the Fund under Law No. 75/16, nor to repay any allowances actually paid under that Law.
  16. 16)[Paragraphs added by Law No. 86/7 dated 11/2/1986]:
  17. 17)- Lebanese nationals working for the National Council for Scientific Research are excluded from the effective date of coverage set out in this sub-paragraph and shall be subject to the Sickness and Maternity, Family and Educational Allowances, and End-of-Service Indemnity branches only under the following conditions (2):
  18. 18)For the Sickness and Maternity and Family and Educational Allowances branches:
  19. 19)Without any retroactive effect, as of 1/1/1986.
  20. 20)For the End-of-Service Indemnity branch:
  21. 21)Effective from the date of contributions actually paid, as of the aforesaid date (1/1/1986), provided the period already elapsed is taken into account. The National Council for Scientific Research shall settle its prior indemnities pursuant to Article 53 and submit the settlement account to the Fund within four months of the effective date of this Law. The rules applicable to municipalities set out above apply mutatis mutandis.
  22. 22)The categories of public-transport drivers and other categories of Lebanese nationals (3) not mentioned (4) in this Article whose mandatory coverage from the first phase appears necessary for some or all social security branches (5), shall be defined by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  23. 23)Permanent State officials as defined in sub-paragraph (d) of clause 1 above of this section (First), excluding military personnel and members of the Internal Security Forces and General Security.
  24. 24)The Civil Servants Cooperative (1) shall continue to provide the benefits or benefit supplements not supplied by the Social Security Fund to its affiliates, and the State's financial contribution to the Cooperative shall be fixed by a decree adopted in the Council of Ministers.
  25. 25)Members of the teaching staff (2) in all private schools (3), whether in the establishment or outside it.
  26. 26)Lebanese students (4) and students of no defined nationality or under-defined nationalities enrolled in higher education institutions (5) and technical institutes (6).
  27. 27)Foreign students residing in Lebanon, pursuant to bilateral agreements concluded between Lebanon and their countries of origin (7).
  28. 28)The conditions for covering and extending benefits to the categories referred to in clause (3) above shall be fixed by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  29. 29)Physicians admitted to the Fund under the provisions of the Social Security Law and internal regulations, by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors (8).

Second Lebanese employees who are contracted in Lebanon with an enterprise having its principal place of business or a branch therein, and who work abroad, shall not be subject to or benefit from all or some branches of social security if they are subject to and benefit in the country where they work from comparable benefits of at least an equivalent standard to those provided under the Social Security Law; the burden of proof lies with the employer. In all circumstances, the employees mentioned above who commence work in Lebanon and are subsequently transferred abroad, or who return from abroad to work in Lebanon, shall remain subject to the End-of-Service Indemnity branch. In this case, the basis for calculating contributions shall be the basic salary or wage, excluding the allowances paid during or in connection with work abroad.

Third

  1. 1)Foreign employees working on Lebanese territory who are bound to one or more employers, and the employers who employ them, shall be subject to all obligations set out in the Social Security Law under the prescribed conditions, insofar as the Sickness and Maternity Insurance, Family and Educational Allowances, and Occupational Accidents and Diseases Insurance branches are concerned. Employers shall not be subject to obligations relating to the End-of-Service Indemnity branch, and foreign employees shall not be entitled to benefits under that branch.
  2. 2)Foreign employees referred to above shall benefit from the benefits provided under the Social Security Law, provided they hold a valid work permit under the applicable laws and regulations, and provided the State of which they are nationals grants Lebanese nationals equality of treatment with its own nationals in respect of social security.
  3. 3)The countries that reciprocate Lebanon's treatment in respect of social security, and the conditions under which their nationals may benefit, whether for all or some branches, shall be determined by decisions issued by the Board of Directors after consulting the Ministry of Foreign Affairs.
  4. 4)Family members of a foreign insured person who do not permanently reside on the territory of the Lebanese Republic shall not benefit from the social security system, with the exception of end-of-service indemnity.
  5. 5)The provisions of this section (Third) shall not apply to the employees referred to in sub-paragraph (b) of clause (1) of section (First) of this Article, such that only Lebanese employees shall be subject to and benefit from the provisions of that sub-paragraph.

[Paragraph added by Law No. 128 dated 24/8/2010]: - Palestinian refugees who work and reside in Lebanon and are registered with the Ministry of Political and Refugee Affairs – Ministry of Interior and Municipalities – shall be subject solely to the provisions of the Labour Law with respect to End-of-Service Indemnity and Occupational Accidents. - Employer beneficiaries among Palestinian refugee workers are exempted from the reciprocity requirement (1) set out in the Labour Law and Social Security Law, and shall benefit from End-of-Service Indemnity under the same conditions as a Lebanese worker. The administration of the National Social Security Fund shall maintain a separate, independent account for the contributions due from Palestinian refugee workers, and neither the Treasury nor the National Social Security Fund shall bear any obligation or financial commitment vis-à-vis that account. Persons covered by this Law shall not benefit from the Sickness and Maternity Insurance or Family Allowances funds.

Fourth Foreign employees working in Lebanon under contracts concluded abroad with foreign enterprises shall not be subject to the Social Security Law if they are entitled in the country to which they belong, the country in which the contract was concluded, or the country of which they are nationals, to social benefits that are, taken as a whole, at least equivalent to those provided under Lebanese social security.

Fifth

  1. 1)Journalists as defined in Articles 10 and 11 of the Press Law dated 14 September 1962 shall be subject to all branches of social security, and all provisions of Law No. 56/1965 relating thereto are hereby repealed.
  2. 2)With respect to these journalists and insofar as the End-of-Service Indemnity branch is concerned, the following provisions apply: The employer is required to draw up for each journalist in his employ a statement of the indemnity accrued in respect of the period of continuous service completed from the date of employment to the date of entry into force of this Law (3).
  3. 3)This statement shall be calculated pursuant to the Labour Law. The employer shall deposit the statement with the Fund within one month of the date of entry into force of this Law and shall send a copy to the journalist. If the employer fails to draw up the statement within that month, the National Social Security Fund may draw it up automatically based on available information and the journalist's declaration. The statement as drawn up by the Fund shall be served on the employer by legal means and shall become final one month after the date of service if no objection is raised pursuant to Article 53 of the Social Security Law.
  4. 4)The End-of-Service Indemnity recorded in the statement referred to in the preceding clause shall be due and payable from the date of entry into force of this Law, and the schedule for payment of amounts due from the employer shall be determined in accordance with the Fund's internal regulations.

Sixth 1- For purposes of this section, the term «retiree» means a person whose service ended due to reaching the statutory retirement age, and a person whose service ended due to disability. Insured persons covered by the Sickness and Maternity Insurance branch of the National Social Security Fund whose mandatory affiliation has ended or ends due to retirement, and who benefit from benefits under that branch (medical care for sickness and maternity), shall be entitled to those benefits subject to the same conditions and obligations applicable to employed insured persons.

  1. 1)The provisions of clause (1) above shall cover insured persons belonging to the following categories:
  2. 2)Employees in the private sector referred to in sub-paragraph (a) of clause (1) of section (First) and section (Third) of Article (9) of the Social Security Law.
  3. 3)Lebanese nationals working for the State or any administration, public institution, or independent service referred to in sub-paragraph (d) of clause (1) of section (First) of Article (9) mentioned above.
  4. 4)Permanent employees working in the Arzé institution subject to Law No. 74/8 and its implementing decrees.
  5. 5)Any other category to be defined by a decree adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors of the National Social Security Fund.
  6. 6)[Category added by Decree No. 2122 dated 29/12/2017]:
  7. 7)- Members of the teaching staff in private schools and institutes whose mandatory affiliation to the Sickness and Maternity Insurance branch of the National Social Security Fund has ended or ends due to retirement (ages 60–64 inclusive) and who still benefit from its benefits.
  8. 8)The following conditions are required for eligibility:
  9. 9)The insured person must have reached the statutory retirement age (60–64 inclusive) and relinquished paid employment, or must have sustained a permanent and irreversible disability reducing his earning capacity by at least two-thirds. The disability must be medically certified.
  10. 10)The person must not be covered by another health insurance system.
  11. 11)The person must have an actual period of affiliation to the Sickness and Maternity Insurance branch of at least twenty years.
  12. 12)The beneficiary must be resident on Lebanese territory.
  13. 13)4-
  14. 14)The retiree's family members within the meaning of Article 14 of the Social Security Law who are dependent upon the retiree on the date of retirement or disability shall also benefit.
  15. 15)In the event of the death of the retiree, or the death of the insured person before retirement after completing at least twenty years of actual affiliation, the right to benefit shall pass exclusively to:
  16. 16)- The spouse, provided:
  17. 17)• The spouse has not remarried.
  18. 18)• The spouse is not personally covered by another health insurance system.
  19. 19)• The spouse is not engaged in paid employment.
  20. 20)• The spouse is not registered in the Commercial Register.
  21. 21)- Children who have not yet reached eighteen years of age; if the children are permanently disabled with a disability card and are unable to provide for themselves due to the disability, they shall benefit from the allowances without age limit.
  22. 22)The contributions required to cover the benefits shall be borne by:
  23. 23)The employees who are subject to this system in their original employment capacity and the State; the contribution rate is fixed at three percent (3%) of the assessable earnings, distributed equally.
  24. 24)Retirees; the contribution rate shall be fixed at the ordinary official rate calculated on income deducted equally against the official minimum wage.
  25. 25)The State's contribution referred to in Article 73 of the Social Security Law shall apply to retirees' benefits.
  26. 26)In the case referred to in sub-paragraph (b) of clause (4), contributions shall be payable by the surviving spouse or the second child or the guardians or curators of non-second children, according to the composition of the beneficiary group.
  27. 27)Contribution rates and assessable income shall be adjusted when necessary by decrees adopted in the Council of Ministers upon the proposal of the Minister of Labour and following deliberation by the Board of Directors.
  28. 28)This system shall have separate accounting within the Sickness and Maternity Insurance Fund; the Fund shall conduct an actuarial study every three years to maintain the financial balance of this system.
  29. 29)The details of application of this Law shall be determined when necessary by decisions issued by the Board of Directors and approved by the supervisory authority.

1. The employee subject to the Social Security Law is the employee within the meaning of Article 624 of the Code of Obligations and Contracts dated 9/3/1932.

2. The decrees concerning the conditions and dates for subjecting members of the teaching staff in higher education institutions have not yet been issued. Similarly, no decrees have been issued regarding the technical institutes referred to in Article 12 of Decree No. 7880 dated 25/7/1967 on the organisation of vocational and technical education.

3. This paragraph appeared in the text published in the Official Gazette incomplete; the phrase should read: «including the compatibility of the meaning».

4. Regarding the subjection of contractors working for the State, municipalities, administrations, public institutions, independent services, and those dealing with foreign agencies to the Social Security Law, see Article 22 of Law No. 81/14 dated 15/7/1981 (Budget Law 1981).

5. See Law No. 10 dated 18/12/1984 amending the effective date for subjecting Lebanese nationals working for municipalities to the Social Security Law; no decree fixing the new effective date has yet been issued.

Amended 1969Amended 1972Amended 1975Amended 1982Amended 1986Amended 2010Amended 2017Amended 2017
ARTICLE 10

Definition of Persons Entitled to Benefits from the National Social Security Fund in the Second Phase

During the second phase, the provisions of this Law shall apply to all Lebanese employees — workers and staff, trainees and apprentices — working on Lebanese territory in an agricultural enterprise for one or more employers, Lebanese or foreign (1). If those employees are foreign nationals, they shall be subject to the provisions of this Law only under the conditions set out in paragraph 4 of the preceding Article (2) concerning the application and fixing of the date for implementing all social security branches for permanent agricultural workers.

1. See: Law No. 8 dated 25/3/1974 on entitling agricultural workers to social security benefits; and Decree No. 7757 dated 7/5/1974 on implementing and fixing the date for applying all social security branches to permanent agricultural workers.

2. The conditions referred to in paragraph 4 have been superseded, after the amendment of Article 9, by the conditions set out under section Third of that same Article.

ARTICLE 11

Establishment of Special Sections for Voluntary Insured Persons

A special section for voluntary insured persons shall be established within each of the first three branches referred to in Article 7 above. Each section shall have independent accounting and must achieve financial balance. The following persons may join any section from the first phase:

  1. 1)Persons who perform work or render services for the account of their spouses, ascendants, or direct descendants, at the request of their employer.
  2. 2)Persons who were previously affiliated to the Sickness and Maternity, Occupational Accidents, and End-of-Service Indemnity branches but no longer fulfil the conditions for affiliation, provided they are resident on Lebanese territory and submit their application within three months of the date on which their mandatory affiliation ended.
  3. 3)The following persons may join any section from the second phase:
  4. 4)Employers and agricultural workers belonging to any of the categories referred to in paragraphs (a) and (b) of this Article.
  5. 5)Self-employed persons and non-agricultural independent workers, unless the Council of Ministers, upon the proposal of the Minister of Labour and following deliberation by the Board of Directors, accepts their affiliation to the Fund from the first phase.
ARTICLE 12

Conditions for Application of the Third Phase

In the third phase, a special law shall define the conditions for applying the social security system or some of its branches on a compulsory basis to persons who have not yet been subject to its provisions in the first and second phases (non-wage workers, self-employed, employers, etc.).

ARTICLE 84

Jurisdiction in Case of a Dispute concerning Illness, Capacity for Work, Date of Recovery, or Related Matters

In the event of a dispute concerning the illness, capacity for work, state of health, date of recovery, or partial recovery resulting from an occupational accident or occupational disease, the dispute shall be examined jointly by the treating physician and the Fund's supervising physician. If they disagree, the Fund's Director General shall appoint a committee of three experts drawn from a list of specialist experts established by the Fund's Board of Directors and confirmed by a decree adopted in the Council of Ministers; their decision shall be final and not subject to any form of review.

Amended 1977
ARTICLE 85

Labour Courts

All other disputes and controversies arising from the application of this Law, whether between insured persons and employers, or between the Fund and employers or insured persons, shall fall within the jurisdiction of the labour courts.

ARTICLE 86

Compulsory Enforcement through Enforcement Departments

The compulsory enforcement of decisions issued by the said courts shall be effected through the competent enforcement departments, in accordance with the provisions of the Code of Civil Procedure (1).

1. For further details on the procedure for enforcing court decisions, see Article 827 et seq. of the Code of Civil Procedure issued by Legislative Decree No. 90 dated 16/9/1983.

ARTICLE 87

Publication in the Official Gazette

This Law shall be published in the Official Gazette.

Article 2 This Decree shall be published in the Official Gazette.

Issued on 26 September 1963. Signed: Fouad Chehab.

This Decree was published in Official Gazette No. 78 dated 30/9/1963.