WHO SHOULD YOU CONTRIBUTE FOR?
Local employees who are:
Citizens and permanent residents of Brunei Darussalam, aged below 55 years (for TAP scheme) and 60 years (for SCP scheme) including; Directors receiving salary, permanent employees, part-time employees, contract employees, temporary employees and employees on probation.
EMPLOYEE TRUST ACT CHAPTER 167 AND SUPPLEMENTAL CONTRIBUTORY PENSION TRUST ORDER (SCPT ORDER), 2009
Section 7(1), Employee Trust Act section 8(1), Supplemental Contributory Pension Trust Order.
Employers must pay the contributions of all employees according to the prescribed rates.
Section 8(1), Employee Trust Act section 10(1), Supplemental Contributory Pension Trust Order.
Employers are responsible to pay both the contributions liable to the employers and of the employees.
Section 8(3), Section 10(1) of Employee Trust act & rule 14 of Employee Trust Rules and Regulations and section 10(3), section 12(1), Supplemental Contributory Pension Trust Order & rule 19 of Supplemental Contributory Pension Trust Order.
Employers are liable to pay the loss of dividends, service charge and automatic penalty charges resulting from late payments.
Section 23, Employee Trust Act and section 26, Supplemental Contributory Pension Trust Order.
It is an offence for employers who:
- Provide false documentation, statements and declaration
- Fail to pay TAP contributions on the due date
- Obstruct TAP officers in the discharge of their functions
- Fail to comply with the Employee Trust Act and Employee Trust Rules and Regulations, 1999
- Fail to pay any outstanding dues to TAP
LEGAL PROCEEDINGS UNDER EMPLOYEE TRUST ACT CHAPTER 167 AND SUPPLEMENTAL CONTRIBUTORY PENSION TRUST ORDER
Section 26, Employee Trust Act and Section 29, Supplemental Contributory Pension Trust Order.
If found guilty, employers will be liable to a fine not exceeding B$3,000.00 for the first offence, and not more than B$10,000.00 for the second and subsequent offences.
Section 7(3), Employee Trust Act and Section 8(6), Supplemental Contributory Pension Trust Order.
Any employer who has deducted its employees' contributions, but fails to pay to TAP, will be liable to a fine not exceeding B$10,000.00 or to imprisonment for a term not exceeding five years, or both.
Section 31(a), Employee Trust Act and Section 38(1), Supplemental Contributory Pension Trust Order.
All contributions payable under this Act may be recoverable summarily as a civil debt
The prescribed contribution rate at the moment is 8.5% (wages of employee) and (8.5%) from the employer.
Note: 5% for TAP and 3.5% for SCP.
The TAP contribution must be rounded up to the next dollar and SCP contribution has to be rounded up to two decimal points.
For SCP, Employer’s minimum contribution must be $17.50 for employee’s salary less than $500.00. Employer and Employee’s maximum mandatory contribution is $98.00 each (based on salary $2,800.00). For salary more than $2800.00, the mandatory contribution is capped to $98.00 and any excess will be regarded as voluntary contribution.
Every employee or employer may, on top of the contribution opt to contribute more than the rate prescribed on voluntary basis. This is called excess contribution payment.
Contribution must be paid monthly, and not later than the 15th day of the following month in which the contribution must be submitted electronically via e-Amanah.
Payment can be made using bill payment via Internet Banking and Mobile Banking. Bill payment via Cheque Deposit Machine (payment by cheque must be crossed and made payable to 'Tabung Amanah Pekerja') and Cash Deposit Machine.
Employers shall be liable for charges incurred resulting from late payments, which will be calculated daily, monthly as well as yearly from the due date.