Section 2

the member’s father, mother, spouse, children or siblings; or

a certified lawyer;

“Board” means the Tabung Amanah Pekerja Board established by section 3 of the Tabung Amanah Pekerja Board Act (Chapter 246);

“contract” means any contract, whether written or oral and whether it is expressed or implied;

“employee” means any person below the minimum retirement age being —

a citizen of Brunei Darussalam; or

a permanent resident, who is employed under a contract of service or apprenticeship or other agreement to work for an employer and includes the Minister,

Deputy Minister, Ambassador, High Commissioner, Consul-General,

Consul or such other person as His Majesty the Sultan and Yang

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Di-Pertuan may, by order published in the Gazette, prescribe but does not include any person or class of persons —

specified in Schedule 1; or

any person, company, association or body of persons, whether or not statutory or incorporated by whom an employee is employed;

the owners of any vessel on which an employee is employed;

any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer;

any foreign mission in Brunei Darussalam;

the Government in respect of such categories, classes or descriptions of officers or employees of the Government as the

Minister may, with the consent of His Majesty the Sultan and Yang

Di-Pertuan, by order published in the Gazette, declare to be employees for the purposes of this Act:

Provided that no such officer or employee employed by or on behalf of the Government shall be personally liable for anything done or omitted to be done by him as an officer or employee of the

Government in good faith;

“Fund” means the Tabung Amanah Pekerja Fund established by section 11 of the Tabung Amanah Pekerja Board Act (Chapter 246);

“inspector” means an inspector appointed under section 4;

“Managing Director” means the Managing Director appointed under section 5(3) of the Tabung Amanah Pekerja Board Act (Chapter 246);

“member” means any person who has contributed to the member account to whose credit any amount is standing in the account and includes —

National Retirement Scheme

B.L.R.O. 2/2024 9

a self-employed person who has contributed voluntarily under section 15;

a self-employed person who has transferred his member account to the retirement account under section 17; and

any person who is or was a member in a SCP account;

“member account” means an account maintained under section 16(3);

“minimum retirement age” means the retirement age provided in section 4 of the Retirement Age Act (Chapter 270);

“Minister” means the Minister of Finance and Economy;

“ordinary account” means an account maintained under section 15 of the Employee Trust Act (Chapter 167);

“productivity” means the cumulative months of contributions in the retirement account;

“retirement account”

means an account maintained under section 16(4);

“Scheme” means the National Retirement Scheme established and maintained under section 8;

“SCP account” means an account maintained under section 17(1) of the Supplemental

Contributory

Pensions Trust Order, 2009

(S 58/2009);

“self-employed person” means any person below the minimum retirement age who, being a citizen of Brunei Darussalam or permanent resident and not being employed under a contract of service or apprenticeship, engages in any trade, vocation, profession or other activity in Brunei Darussalam for the purpose of gain;

“wages” means the remuneration in money due to an employee for work done in respect of his employment whether agreed to be paid monthly, weekly, daily or otherwise payable by the employer under his contract of service, apprenticeship or agreement or otherwise, but does not include —

the value of any house accommodation or the supply of any food, fuel, light or water or medical attendance, or of any amenity or service;

National Retirement Scheme 10

any contribution paid by the employer on his own account to any pension fund or provident fund;

any travelling allowance or the value of any travelling concession;

any sum payable to the employee to defray special expenses entailed on him by the nature of his employment;

any gratuity payable on discharge or retirement;

service charge;

overtime benefit;

retrenchment, lay-off or termination benefits; or

such other remuneration or payment as the Minister may, by notification published in the Gazette, specify.