Mauritius: Portable Retirement Gratuity Fund (PRGF)

Mauritius: Portable Retirement Gratuity Fund (PRGF)

The Portable Retirement Gratuity Fund (PRGF) is a fund which is established under the Mauritius Workers’ Rights Act 2019 for the purpose of providing for the payment of a gratuity on the death or retirement of a worker, while recognizing the worker’s terms of service irrespective of the number of employers served.

Contribution Base and Rates
 
The applicable rate of contribution varies from 2.1% to 4.5% of monthly remuneration depending on an employer’s annual turnover and categories of employees. Where the employer’s rate of contribution is less than 4.5%, the government funds the difference between that rate and 4.5%. Small and Medium Enterprises (“SME”) will pay PRGF at a lower rate for the first three years based on the annual turnover of the SME.

The "monthly remuneration", for the purpose of the PRGF, is defined as the sum total of the monthly basic wage, any productivity and attendance bonus, and any payment for extra work performed.

Contribution for Current Services
 
Due to the COVID19 Pandemic, the obligation to submit monthly PRGF returns and make payment of contribution was suspended for the period from 1 January 2020 to 31 December  2021. There was no obligation for an  employer to pay PRGF during this period although PRGF came into operation as from 1 January  2020. An employer who does not maintain an approved private pension scheme, has now an obligation to contribute to PRGF as from the month of January 2022. Both the return and the payment are required to be completed electronically on or before the end of the month following the month in which the PRGF is payable.
 
Contribution for Past Services
  1. Cessation of employment
PRGF for past services is applicable in case a worker has ceased to be employed in these circumstances: “Termination of employment, Resignation, Death, Retirement or Change in employment”. 
In the event of the above, if a worker has ceased to be employed as from January 2020, the employer is required to submit a "PRGF Exit Statement" to the MRA  within one month of the occurrence and effect the appropriate payment into the PRGF in respect of that worker.
  1. Existing employees
The MRA has recently clarified that employers who, for months prior to January 2022:
  1. have submitted PRGF returns and paid PRGF for some months; or
  2. who have not paid PRGF for any of the months,
shall also be deemed to form part of  “Past Services”. The employer may submit a “PRGF Past Services” return and pay the PRGF contribution for months prior to January 2022 in respect of workers who remain in employment from January 2020 to date with the same employer. 
 
In respect of what employees should employers contribute to the PRGF?

All employees except:
  1. public officers, local government officers and those who derive retirement benefits under the Statutory Bodies Pension Funds Act
  2. those whose retirement benefits are payable in accordance with a private pension scheme licensed by the Financial Services Commission
  3. non-citizens
  4. those earning more than MUR 200,000 in monthly basic salary
Employees who are not eligible to join the PRGF remain entitled to a retirement gratuity paid by their employer, subject to having been in the continuous employment of that employer for at least 12 months (as under the previous legislation). The gratuity is computed based on 15 days’ remuneration per year of employment with that employer, subject to certain deductions which can be made in case the employer contributed to a private pension scheme for the benefit of that employee or granted other gratuity or retirement benefit to the employee.