A. Introduction
These General Terms and Conditions govern the relationship between NSSF and the Member. Specific terms shall apply to short term and long-term savings components as stipulated in this document.
B. Definitions
1. Benefits, means contributions, Transfer payments, investments and interest benefits in money or monies worth that have accrued to the Member.
2. Early withdrawal, means withdrawal at the fiftieth (50th) birthday of a member;
a) As per the identity document or certificate of birth of a minor provided during registration
b) Where it that the exact date of birth is not known the first day of the month in the year in which his/her birthday is deemed by the Sponsor to occur provided that the member has been in the scheme for an interrupted period of five (5) years
3. Eligible Person means;
a) Any natural person who is resident or non-resident in Kenya and has reached at least eighteen (18) years of age.
b) Any natural person who is resident or non-resident in Kenya and has NOT reached at least eighteen (18) years of age and is a nominated dependent or beneficiary.
4. Long-term savings, means at least 70% of any contribution and accrued interest made by a member (pension remittance) meant for retirement.
5. Member, means a person who has been admitted to Membership of the Scheme and includes a person entitled to or receiving a benefit under the Scheme.
6. Short term savings, means 30% of any contribution made by a member, a financial facility to cater for daily cash flow shocks of the members of the Scheme. This facility does not include the Seventy percent (70%) savings component retained by the NSSF for its customers.
7. “Trustee” means the Trust Corporation NSSF
8. Platform Provider” means the entity that owns, operates, manages, or makes available the platform through which services will be available to the Member, including its Agents, service providers, associated systems, software, content, features, and services.
C. Eligibility for Membership
1. Membership to the Scheme is open to all individuals that meet the minimum requirements for an eligible person as follows:
i. Any Kenya Citizen or person ordinarily resident in Kenya or diaspora who has attained the age of eighteen (18) years and is employed in the Informal Sector, or the Formal Sector is eligible to apply for enrolment as a member of the Scheme.
ii. The application for registration shall be completed and submitted through an electronic scheme administration platform or any platform prescribed by the Trustee where applicable.
iii. A member shall be informed of his date of membership through the electronic scheme administration platform prescribed by the Trustee.
D. Opt-in Channels
The Scheme allows for two channels of enrolment:-
i. A person may opt into the Scheme through direct registration(Mini App,USSD) and direct contributions.
Upon each contribution, the amount shall be apportioned such that thirty percent (30%) is allocated to Short-Term Savings and seventy percent (70%) is allocated to Long-Term Savings.
ii. NYOTA Beneficiaries
i. Matching Incentive
• Eligibility: Available to all youth participants who make voluntary savings contributions under the NSSF Haba Haba platform.
• Ratio: For every Kes 2 saved voluntarily, the project contributes Kes 1.
• Ceiling: Matching applies only up to Kes 6,000 in voluntary savings.
• Maximum Benefit: The highest amount matched is Kes 3,000 per participant.
• Interest Accrual: All contributions, including matched funds, earn daily interest through the unitization model.
ii. Voluntary Contributions
• Contributions must be made voluntarily by the participant.
• Only contributions deposited into the Haba Haba savings wallet qualify for matching.
• Matching is done on the 70% long-term share of contributions
• Withdrawals may be done 30% short-term share of contributions.
iii. Maternity Benefit (Ante & Post-natal income replacement)
• Eligibility: Female beneficiaries under the NYOTA Program who opt-in via USSD *254# or using the web portal where applicable starting from the beginning of the 1st month to the end of the 5th month.
• Contribution Requirement: Female beneficiaries shall contribute Kes 400 per month non-refundable premium for four consecutive months. The Kes.1,600 shall be credited to the NSSF maternity benefit premium fund as seed capital for future implementation of maternity benefit beyond the NYOTA program.
• Benefit Amount: Eligible beneficiaries shall receive Kes 4,000 per month for every Kes.400 premium contributed subject to a maximum of 4 consecutive monthly contributions totaling to Kes.16,000.
• Eligibility cycle: The beneficiary shall be eligible to benefit only once for the maternity income replacement for the entire program life cycle.
• Payment Schedule: Disbursements are made monthly over the four-month consecutive periods.
• Opt-in Process: Enrolment must be completed through USSD *254# or using the web portal where applicable prior to the savings period.
i. Bereavement and Pregnancy Loss
• Child Death -If a child dies immediately after a successful birth the beneficiary shall receive a lump sum of up to Kes 16,000 as bereavement and counselling support.
• Stillbirth after 7 months- In the event of a stillbirth after 7 months the beneficiary shall receive a lump sum of up to Kes 16,000 as bereavement and counselling support.
• Medical Miscarriage (before 7 months gestation): In cases of medical miscarriage before 7 months, no benefit shall be paid. However, the contributions paid will be rolled over to the next pregnancy cycle, with no forfeiture or loss of premium.
ii. Penalty for Misrepresentation
Applies to cases where a beneficiary provides false or misleading information, including misrepresentation of pregnancy status or period.
Action:
• The application will be rejected immediately.
• Contributions paid shall be held until the next application cycle.
• A written notification (“cushion”) will be issued to the beneficiary explaining the rejection and the conditions for reapplication.
• Where applicable, lawful penalty may be applied as per the NSSF Act 2013.
E. Benefit Type
The scheme provides 8 types of benefits as listed below:
i. Retirement Benefits at Withdrawal Age
• Members may access up to 50% of their accumulated contributions plus interest at age 50.
• The remaining balance is payable at the statutory retirement age of 60.
• Early Withdrawal from Scheme by a Member
• A Member who wishes to withdraw from the scheme before attaining the specified early withdrawal date shall be entitled to not more than 50% of his/her lump sum accumulateded credit at the time of leaving.
v. Benefit
o A member qualifies for an benefit if they are certified by a medical board as permanently and totally incapacitated, and have made at least 36 monthly contributions immediately before the date of . Medical boards have the authority to examine claimants, determine and review status.
vi. Survivor Benefits
If a member dies, there shall be;
• Payable a lump sum benefits or Annuity/Income drawdown equal to his/her accumulated credit as at the date of death to the member’s to the nominated beneficiary in such proportions as Trustee may determine.
• A credit of benefits equal to his/her accumulated credit as at the date of death to the member’s to the nominated beneficiaries’ (Including minors) accounts in such proportions as per members’ last instructions or as the Trustees may determine in policy
Option 2
Leave his accumulated credit in the scheme as a deferred member which the member may access upon attaining the age at which he would be eligible to withdraw whereupon the deferred member shall be entitled to a benefit of an amount equal to the amount held in his accumulated credit at that time.
iv. Deferred benefits payable from Withdrawal Date
o A Member who before reaching an agreed date of withdrawal stops making contributions to the scheme and leaves his accumulation credit in the scheme shall be entitled to the whole of his deferred accumulated credit payable periodically as agreed with the Trustee in the form of an Annuity or Income Drawdown rates respectively applicable and available from the scheme.
v. Invalidity benefit withdrawal
o A member who wishes to withdraw from the scheme on grounds of ill health shall be entitled to the whole of his accumulated credit in a lump sum.
vi. Survivors Benefit
• If a member dies, there shall be;
• Payable a lump sum benefits or Annuity/Income drawdown equal to his/her accumulated credit as at the date of death to the member’s to the nominated beneficiary in such proportions as per members’ last instructions or as the Trustees may determine in policy.
• A credit of benefits equal to his/her accumulated credit as at the date of death to the member’s to the nominated beneficiaries’ (Including minors) accounts in such proportions as per members’ last instructions or as the Trustees may determine in policy.
vii. Trivial Benefits
• If a member or beneficiary is entitled to a lump sum,the member may elect to purchase an annuity.
viii. Benefits on Emigration
o A member who emigrates without present intention to reside in Kenya shall be entitled and paid on request the whole of his accumulated credit in a lump sum.
o For this Rule, it shall suffice for the Member to show that she has become a citizen of or set a permanent residence in another country or permanently joining a spouse who is a citizen that country.
F. Benefit Claim Requirements by Benefit Type
Members and/ or their beneficiaries must submit benefits claim form duly filled with necessary details as follows:
i. Retirement Benefits at Withdrawal Age
Requirements
o System-based verification of age using the national identification database/IPRS database
o Submission of duly filled online retirement benefit claim form.
o Digital capture and verification of payment details.
o Electronic approval of the claim by the Administrator and Trustees.
o Processing of payment through the Scheme’s integrated payment platform and notification to the retiree.
ii. Benefits on withdrawal on or after attaining an Early Withdrawal Age
Requirements
The claim shall be lodged and processed through the Scheme’s digital platform in accordance with the following requirements:
o Submission of Early Withdrawal Notice – The member shall log into the digital portal and submit a withdrawal notice indicating intention to access benefits
o Verification of Age and Eligibility – The system shall automatically verify the member’s age against the national identification database/IPRS database and confirm eligibility based on the Scheme Rules.
o Digital Identity Verification – The member shall authenticate the claim through national ID or biometric verification.
o Completion of Withdrawal Claim Form – The member shall complete and submit the electronic claim form via the Scheme portal.
o Bank or Mobile Payment Details – The member shall provide or confirm payment details through the integrated e-payment system, which shall verify the accuracy and validity of such details.
o System Validation – The digital platform shall automatically validate the member’s contribution history, vesting status and benefit computation in line with applicable rules.
o Approval Workflow – The Administrator and Trustees shall review, validate and approve the claim electronically through the system’s workflow module.
o Benefit Payment – Upon approval,
• The Scheme shall disburse the benefits via secure electronic payment (bank or mobile money transfer).
• The Scheme shall disburse the benefits to member’s nominated beneficiaries’ (Including minor’s) account in such proportions as per members last instructions or as the Trustees may determine in policy
o Notification and Record keeping – The member shall receive an automated notification confirming payment, and the system shall archive all related records electronically for audit and compliance purposes.
iii. Benefits withdrawal
Requirements
o Upload of a certified medical report issued by a government medical facility.
o Digital identity verification of the member.
o Confirmation of contribution status through the Scheme’s digital records.
o Completion of the online Invalidity benefit claim form.
o Automated system validation of contribution and vesting status.
o Electronic approval by the Administrator and Trustees.
o Digital disbursement of benefits with instant confirmation to the member.
vi. Survivor Benefits
The claim for Survivor benefits shall be processed through the Scheme’s digital platform, subject to the following:
o Online death notification by the nominated beneficiary or trustee.
o Upload of a certified death certificate.
o Verification of beneficiary details as captured in the member’s profile at registration.
o Completion of an online claim form by the nominated beneficiary.
o Provision and verification of bank account or mobile payment details through the integrated payment gateway.
o Digital validation and approval by the Scheme Administrator and Trustees.
o Payment confirmation to the beneficiary via SMS, email, or dashboard notification.
vii. Trivial Benefits
Requirements
o Automatic system determination of trivial benefits threshold.
o Digital notification to the member of commutation eligibility.
o Online consent by the member to receive the lump-sum payment.
o Verification of payment details through the platform.
o Approval and disbursement through the digital payment process.
o Payment confirmation sent electronically to the member.
viii. Benefits on Emigration
Requirements
The claim for emigration benefits shall be submitted and processed through the Scheme’s digital platform, subject to the following requirements:
a. Submission of Emigration Notice
o The member shall lodge a notice of intent to emigrate through the Scheme’s online portal, indicating the destination country and anticipated date of departure.
b. Proof of Emigration
o The member shall upload certified copies of documentation confirming permanent relocation, which may include:
• Certified copy of foreign spouse passport
• Evidence of an (Alien) member intents to leave Kenya permanently (East Africa Community States Citizens)
• Valid permanent residence permit,
• Relocation or settlement confirmation from an embassy or immigration authority.
c. Verification of Identity
o The system shall verify the member’s identity through the national ID database or biometric authentication prior to processing the claim.
d. Cessation of Contributions
o The Scheme shall confirm through the digital records that contributions have ceased.
e. Completion of Emigration Benefit Claim Form
o The member shall complete the online claim form and digitally sign the declaration of permanent emigration.
f. Provision of Payment Details
o The member shall provide bank account details in Kenya or an international bank account with a swift code in the destination country, verified through the integrated payment gateway.
o All payments shall be made electronically in compliance with applicable foreign exchange and regulatory requirements.
g. System Validation and Approval
o The digital system shall automatically compute the member’s benefit entitlement based on scheme rules and vesting status.
o The Administrator and Trustees shall review and approve the claim electronically within the platform’s workflow.
h. Payment and Notification
o Upon approval, the benefit shall be paid electronically to the verified account.
o The member shall receive automated confirmation of payment via SMS, email or dashboard notification.
i. Archiving and Recordkeeping
o All claim documentation and approvals shall be stored digitally in the Scheme’s document management system for audit and compliance purposes.
G. Contributions
1. Each Member shall in each contribute a minimum sum of Kenya Shillings 25/- per day. This applies to members who opt-in through the Financial Inclusion Fund and per Clause D(ii).
2. Contributions by, or for the benefit of a Member shall be remitted electronically (except in special circumstances to be determined by the Trustee on a case basis) using the electronic scheme administration platform or any such other mode as shall be determined by the Trustee from time to time.
3. A Member shall be informed electronically (except in special circumstances to be determined by the Trustee on a case basis) of the split of his contributions when remitting the contributions.
4. Contributions to the Scheme may be made by the Member, or on the Member’s behalf by a company, agency, association, or self-help group with which the Member associates.
5. The contributions may be in a lump sum upfront, by instalments, or at such intervals as may be agreed between the Trustee and the Member.
6. Benefits payable by the Fund and benefits payable under Protected Rights for a contracted-out shall be exempted from taxation
7. Record of Contributions
a. The Trustee shall maintain and submit to the Authority a quarterly record of contributions within fifteen (15) days of the end of every quarter.
b. The quarterly record of contributions will comply with the Act.
H. Accessing Benefits
i. Pension Savings (Long term)
a. Members or their nominated beneficiaries;
i. shall be required to submit a formal request together with all necessary documentation to access benefits as specified in these terms and conditions.
ii. Will be contacted by the Fund and advised to submit a formal request together with all necessary documentation to access benefits as specified in these terms and conditions where applicable.
b. Requests for benefits may be made at least 30 days prior to the desired payout date
ii. Short term Savings
a. At least one year lock-in period shall apply for new members before they can start accessing their funds.
b. At most 24 hours turnaround period shall apply on withdrawal of funds
I. Benefit Calculation
1. Benefits will be calculated based on the date of receipt of contributions, Member’s accumulated contributions, investment returns, and Scheme rules.
2. The Scheme reserves the right to adjust benefit calculations in line with Funds’ policy and statutory changes.
J. Withdrawal Conditions
Members wishing to withdraw from the Scheme can do so in accordance with these terms and conditions.
K. Beneficiary Nominate
1. Members are required to Nominate beneficiaries.
2. Members are encouraged to update beneficiary register whenever there are changes.
3. Benefits will be administered in accordance with these terms and conditions.
L. Data Protection and Privacy
1. NSSF and Members shall comply with the provisions of the Kenya Data Protection Act, 2019 (“DPA”), its attendant regulations, and all applicable laws relating to privacy, confidentiality, and the processing of personal data when submitting, accessing, or processing personal information through the Platform.
2. The Member acknowledges that National Social Security Fund (NSSF) acts as the Data Controller in respect of all personal data collected, received, or processed through the Platform. NSSF has engaged third-party service providers, including Safaricom PLC and other authorised technology, payment, communication, hosting, support, and integration partners (collectively referred to as “Authorised Service Providers”), to support the provision, operation, maintenance, hosting, integration, communication, and administration of the pension administration system and related services.
3. The Member acknowledges that personal data may be processed by NSSF and, where necessary, shared with and processed by Safaricom and other Authorised Service Providers strictly on behalf of NSSF and only to the extent necessary for:
a. pension administration and member account management;
b. contribution collection and payment processing;
c. identity verification and authentication;
d. mobile money and communication services;
e. system hosting, maintenance, support, and security;
f. regulatory reporting and lawful compliance; and
g. any other legitimate purpose directly connected to the delivery of services under the Platform.
4. NSSF shall remain the primary Data Controller and shall determine the purposes and means of processing personal data under the Platform. Safaricom and other Authorised Service Providers shall act either as Data Processors or independent Data Controllers, as applicable, depending on the nature of the services provided and the applicable legal and regulatory requirements. Each such party shall process personal data only in accordance with the DPA, applicable contractual obligations, and documented instructions issued by NSSF where acting as a Data Processor.
5. NSSF, Safaricom, and all Authorised Service Providers shall implement appropriate technical and organisational measures to safeguard personal data against unlawful or unauthorised access, disclosure, misuse, loss, destruction, alteration, or accidental damage, in accordance with the DPA and recognised industry standards for information security and data protection.
6. Personal data may be disclosed or transferred to:
a) Safaricom and other Authorised Service Providers engaged in the delivery and support of the Platform;
b) payment service providers, telecommunications providers, cloud hosting providers, system integrators, customer support providers, auditors, professional advisers, and other service providers engaged by NSSF;
c) government agencies, regulators, law enforcement authorities, courts, or statutory bodies where disclosure is required by law; and
d) any other party where the Member has provided consent or where such disclosure is otherwise permitted under the DPA such recipients shall be subject to appropriate obligations relating to confidentiality, security, and lawful processing of personal data.
7. Members may exercise their statutory rights under the DPA, including the rights of access, correction, objection, restriction, portability, and deletion of personal data, by submitting a request to NSSF through the prescribed channels. Safaricom and other Authorised Service Providers shall support and facilitate the handling of such requests only upon the instructions or authorisation of NSSF, where applicable.
8. Members acknowledge that certain services available through the Platform may depend on systems or infrastructure operated by Safaricom and other Authorised Service Providers, including mobile communication, payment processing, hosting, and authentication services. NSSF shall take reasonable measures to ensure that all such third parties maintain appropriate standards of data protection and service security.
9. Except as expressly provided in these Terms or under applicable law, nothing herein creates a direct contractual relationship between Members and Safaricom or any other Authorised Service Provider. Any queries, complaints, or claims relating to the collection, processing, or protection of personal data under the Platform shall, in the first instance, be directed to NSSF in its capacity as the primary Data Controller.
M. Disclaimer and Limitation of Liability
1. Members acknowledge that the Platform is operated on behalf of NSSF by a third-party Platform Provider.
2. The Platform Provider shall exercise reasonable skill, care, and diligence in providing and maintaining the Platform. While the Platform Provider will use commercially reasonable efforts to ensure the availability, security, and proper functioning of the Platform, its liability to Members shall be limited to the extent permitted by applicable law.
3. All Member claims relating to the Platform or the services shall be directed exclusively to NSSF.
4. Members acknowledge that the Platform Provider is not a party to these Terms and Conditions and provides technology services solely on behalf of NSSF.
5. Members agree that any claims, concerns, or disputes relating to their use of the Platform shall be addressed in the first instance to NSSF Kenya, which shall coordinate with the Platform Provider where necessary to facilitate resolution.
6. Without prejudice to the foregoing, the Member acknowledges and agrees as follows:
(a) Whereas NSSF may from time-to-time contract various service providers to provide the platform and render various services, it shall be solely responsible for managing the relationship with the Customer and addressing any issues or complaints.
(b) No direct legal relationship is created between the Service Provider and the Members on account of thee Terms and Conditions.
(c) The responsibility for investment of the pension funds, shall solely be borne by NSSF as a licensee of the Retirement Benefits Authority.
N. Intellectual Property
1. You acknowledge that the intellectual property rights in the platform(s) (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation are vested in the NSSF or in other persons from whom they have been given a right to use and to sub-license.
2. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with any documentation or functionality of the platform without prior written consent.
3. All intellectual property rights in the Platform, software, interfaces, algorithms, and related materials are owned by or licensed to the NSSF Members obtain no rights in or to the Platform other than a limited, revocable right to access it for purposes of interacting with NSSF HABA HABA’s pension or provident fund services.
O. Service Availability and Maintenance
The Platform is provided on an “as-is” and “as-available” basis.
1. Access may be suspended or interrupted due to maintenance, security updates, system upgrades, third-party failures, or events beyond NSSF’s or the Platform Provider’s reasonable control.
2. Members acknowledge that neither NSSF nor the Platform Provider guarantees uninterrupted access.
P. Indemnity by Members
Members agree to indemnify and hold harmless NSSF and its Platform Provider from any losses, claims, or liabilities arising from: (i) inaccurate or unlawful information submitted by Members; misuse of the Platform; or (iii) breach of these Terms by the Member.
Q. Dispute Resolution
1. Any disputes arising from the interpretation or application of these Terms and Conditions will be addressed through the internal dispute resolution mechanisms.
2. Unresolved disputes may be escalated to the Retirement Benefits Authority, Tribunal under RBA Act or relevant legal bodies before approaching the courts of law.
R. Amendments to Terms
1. NSSF Scheme reserves the right to amend these Terms and Conditions at any time, subject to notification to members.
2. Any updates or amendment to these Terms and Conditions terms will be communicated to the members through electronic media and NSSF HABA HABA website NSSF Kenya | Self Service Portal and will take effect from the date of notification of the update or amendment.
S. Governing Law
These Terms and Conditions are governed by the Laws of the Republic of Kenya.
T. Acceptance
By participating in the Scheme, members acknowledge that they have read, understood, and agree to abide by these Terms and Conditions.