LEGAL CHALLENGES FACING TRANSFERABILITY OF SOCIAL SECURITY BENEFITS AS EMPLOYEES RIGHTS BETWEEN SCHEMES IN TANZANIA
The transferability of social security benefits between schemes in Tanzania remain a contentious legal issue, undermining the realization of employees rights to social protection. Despite the existence of multiple statutory schemes such as National Social Security Fund (NSSF) and the Public Services Social Security Fund (PSSSF). This article examine the legal barriers impeding the transferability of social security benefits including long term benefits and short term benefits across schemes in Tanzania such as fragmentations of legislation, limited and lack of inter- scheme coordination and harmonization, Constitutional gaps, Lack of legal binding and legal consequence under these schemes, Insufficient enforcement mechanism and others. It critically examines the legal framework governing social security benefits in Tanzania. Through a comparative analysis with international practices, this study identifies best practices that could enhance the efficiency of transferability of social security benefits. This article concludes with the actionable recommendations to strengthen the benefits transferred provision mandate, suggesting legislative reforms, unification and coordination between schemes, removing the fragmentation of legal framework. Therefore, by addressing these areas, Tanzania can optimize the transferability of social security benefits as employees’ rights to be effective, thereby promoting fairness, transparency, and social protection ensuring that employee’s rights are preserved regardless of their career trajectories.
Keywords: Social security, portability/transferability, benefits, social security schemes.
