National consultant to prepare and finalize draft Social Insurance package laws through determining ways to expand coverage and contribution reduction
Reference: D2/CS/006
Client: Ministry of Finance
Category: Consultancy Service
Advertised: 2019-12-20
Deadline: 2020-01-03 17:00:00  

Ad Invitation

A. BACKGROUND

Mongolia has received a credit from the International Development Association (IDA) for the Strengthening Fiscal and Financial Stability Project (SFFSP). The Objective of the SFFS Project is designed to improve fiscal policy and sustainability in a mineral-based economy, protect the poor and vulnerable, and restore confidence in the financial sector. The project is designed into five components: (I) Strengthening Macroeconomic and Fiscal Management; (II) Improving the Efficiency of Public Financial Management; (III) Enhancing Financial Sector Stability; (IV) Strengthening the Social Protection System; (V) Project Management and Monitoring. The objectives are to: Strengthening fiscal responsibility and implementing relevant policy measures, improving fiscal discipline, strengthening the resiliency of the banking system, improving public expenditure quality in social protection, providing support for Project implementation, coordination, monitoring and evaluation, including, inter alia, audit arrangements, reporting requirements, procurement and financial management activities respectively. For more details, please refer to the Project Appraisal Document Report No.PAD2269. 

The government has made some attempts over the last years to improve the equity and allocative efficiency of social welfare spending in light of the budget situation, and the recent “Program for Economic Stabilization” reinforces these efforts with support from development partners.  Although social welfare services are wider by its range, and the total spending on social welfare is high, the cost of per capita spending is too low thus, the impact is weak on the livelihoods of the target groups. Moreover, the social welfare services are broadly offered however, too extended by means, covering about 730.0 thousand people a year and one in every four people receive some type of social services provided by the state, which indicates that welfare services are not targeted at the target group. In particular, according to a 2015 survey, 28 percent of total welfare services were provided for 40 percent of the population with a higher living standard.

Within this scope of legal reform, the Ministry has established a working group to amend the Social Welfare Laws. The working group members have been working to identify the need for reforming the social welfare legislation, consolidating the benefits of pension, benefits, and services, and concessional allowances of social assistance. The government has conducted an assessment for each state programs, to improve the livelihood impact of the target groups, and identified that social programs that can be improved, consolidated and even closed. The draft law has been drafted with a national consultant under the results of the amendment surveillance study of Draft Social Welfare Laws.  

Within the scope of the work, the working group formed by Minister of Labor and Social Protection (order No. A/63 dated 08 March 2018) worked on the surveillance on needs and demands to reform the social welfare legislation. The surveillance has evaluated each social welfare program's effectiveness and efficiency and identified beneficial programs of social welfare pensions, allowances, and services rationally, and ways to consolidate them to enhance their impact on reducing poverty, as well as social welfare programs those can be eliminated. The working group of the MLSP organized the focus group discussion, including representatives of the social welfare organizations, to share results of the surveillance and to have a mutual understanding on principles to revise the Law on Social Welfare.  Currently, the working group and the MLSP requests to hire a national consultant to support the working group in finalizing the draft revised version of the Law on Social Welfare and legal amendments to the other related laws and legislation in relevant to the proposed revised version of the Law on Social Welfare for Parliament submission.

In the area of social insurance, the Pension Insurance Scheme poses a sharply growing fiscal burden as a result of the rapidly aging population and several measures introduced, in recent years, to the scheme, which increased benefits and/or reduced eligibility requirements. In this context, the State Policy on Pension Reform (2015–2030) was approved by the Parliament in December 2015 to “create a framework for the government, employers, and individuals to be jointly responsible for addressing the ever-increasing pension costs due to the changes in demographic structure and life expectancy and provide a decent pension benefit that is adequate for living for elders.” The state policy envisioned addressing the fiscal burden through parametric reforms, which better align contributions and benefits and limit the state subsidy to the social insurance fund to no greater than 2 percent of GDP in the long term. The policy, however, is not legally binding and therefore needs to be followed up with amendments to the Social Insurance Law to achieve the policy objectives envisioned. In-country technical capacity for evidence-based pension policymaking and implementation is limited.

Additional technical support is needed for reflecting the general policy directions of the state policy into specific amendments to the package of Social Insurance laws and evaluation techniques for social security policies.  The working group composition has been established by the Minister of Labor and Social Protection (Order No. A/73, dated 20 March 2018) and is tasked to work on preparation of a more comprehensive set of amendments to the below-mentioned pension legislation. The amendments are expected to be submitted to the Parliament during the 2019 Fall session of the Parliament: 

   - Law on Social Insurance 

   - Law on Pensions and Benefits Provided by the Social Insurance Fund

   - Law on Benefits from unemployment provided by the Social Insurance Fund

   - Law on Pensions, benefits, and allowances from an industrial accident and occupational disease provided by the Social Insurance Fund

Regulations regarding pension insurance and benefits for herders, self-employers, and informal workers also need to be reviewed and specifically legislated. While the working group is working focused on technical matters, there is a need for additional technical support in order to have the proposed amendments finalized in light of the State Policy on Pension reform (2015-2030), and Law on Legislation as well as in consideration of other ongoing policy developments. Therefore, the MLSP requests to hire national consultants to assist the working group on an ongoing basis in finalizing the draft amendments to the pension legislation for Parliament approval. 

B. OBJECTIVE OF THE ASSIGNMENT 

The objective of this assignment is to provide technical assistance to the MLSP for finalization of the draft legal changes to the social welfare legislations as well as  social insurance and related legislations for submission to the Parliament. 

C. SCOPE OF THE WORK 

   1. Final draft for Law on Social Welfare for submission of the Parliament

   2. Final draft for Package Laws on Social Insurance for submission of the Parliament

I.  Provide technical assistance to the MLSP in SA benefit consolidation and SWlegal changes:

    a. Facilitate the MLSP in a review of the draft reports on SA Delivery assessment and SA demand and supply (undertaken by international consultants) and provide consolidated comments and technical input as needed for the finalization.

    b. Under the overall guidance of  the MLSP, prepare a concept note for the SA benefit consolidation and lead the technical consultations and consensus building with the key stakeholders; 

    c. Facilitate the MLSP in finalizing draft amendments for the social welfare legislations for submission to the Parliament;

II. Provide technical assistance to the MLSP in preparing draft amendments to Package law on SI legislation

    a. Conduct and facilitate consultation meetings for validation of the latest projection findings and recommendations being prepared by the consultants in November 2019;

    b. Work closely with the technical WG for pension reform legal amendments and finalize draft legal revisions; in particular consult in defining the parametrical reforms, multi-pillar pension system legal and conceptual framework ;

    c. Facilitate the MLSP in finalizing draft amendments for the social insurance  legislations;  

D. DELIVERABLES

    Under Task I: on improving Social Welfare programs and determining ways to consolidate the programs in line with the draft of revised Social Welfare Law

    1. Technical concept note and draft action plan for the MLSP  on Social Welfare Programs Consolidation 

    2. Final draft amendments to the SW legislation for submission to the Parliament with related documentation; 

    Under Task II: on improving Social Insurance legislation 

    1. Consulting Note on the report findings and recommendations being prepared by the World Bank Prost experts, and international consultants, the projects to be completed by end of Nov 2019;

    2. Final draft amendments to the social insurance legislations for submission to the Parliament. In particular: 

       - Draft final amendments to the Law on Pensions and Benefits Provided from the Social Insurance Fund, with specific parametrical reform dimensions and formulas. .

       - Technical notes on the proposed reform vision and   modeling outputs. 

E. CONSULTANT’S QUALIFICATIONS/ SELECTION CRITERIA 

Education:  A suitable candidate should have at least a Masters  degree in Law, economics, or Social Science ;

Professional qualifications: A suitable candidate should have extensive experience with social welfare and social insurance policies and strategies;  and experience in preparing and developing social protection policies and legislations would be a plus; 

Experience: A candidate should have at least 15 years of directly relevant professional experience in the field of social insurance and social welfare policies; 

Language literacy: A candidate should have excellent English writing and Speaking skills

Other: Excellent communication and interpersonal skills with the ability to function effectively and collaboratively in a team environment, high proficiency in processing the documents, being punctual and ability to bear the workload

F. SUPERVISION AND REPORTING

The consultant will report directly to the Acting Director of Policy, Planning Department (PPD), and Head of the SFFS Component D/State Secretary of MLSP. The consultant will work on a day-to-day basis under the guidance of the Acting Director of PPD on technical matters related to the assignment. Work progress will be presented during the working group meeting or other meetings as needed.   

The Acting Director of PPD shall evaluate the performance on agreed deliverables and approve the invoices for the delivered outputs.   

The consultant will prepare a 3-5 pages’ summary progress report detailing the achievements and impediments in executing the entire assignment effectively.  The MLSP and SFFS PIU will provide input to the evaluation of the consultant’s performance. 

G. CONTRACT DURATION

The Expected commencement date of the contract is in January 2020.  The contract will have a duration of  4 months through to May 2020.

Based on the evolving needs of the Client and performance of the consultant, the contract may be extended if needed. If any task is not finished and approved by the Client within the agreed-upon timeline, the consultant should complete the task/s without any additional cost.

Payments will be released upon satisfactory completion of all deliverables due for each task, according to the following schedule:

 H. INSTITUTIONAL ARRANGEMENTS

The MLSP will provide office space for the consultant to work with the technical working group as well as the MLSP officials.  The consultant will have access to all necessary data and information.  

The consultant will be selected in accordance with the World Bank’s Procurement Regulations for IPF Borrowers (July 2016).

If you possess the above qualifications, please submit following documents via email to procurement@sffs.mn:

    1. Cover letter indicating why she/he considers her/himself suitable for the position,

    2. Detailed CV highlighting relevant skills/experience,

    3. Copy of diplomas or certificates and,

    4. 2 reference letters from previous last two employers no later than 17:00, January 03, 2020.

The submitted documents will not be returned to the applicants. Please note that incomplete applications would not be considered for evaluation. Only selected candidates will be contacted. Candidates can be interviewed. Detailed terms of reference can be requested from procurement@sffs.mn Contact address: Attn: Ms.Bayarmaa, Procurement Specialist, Strengthening Fiscal and Financial Stability Project

Room #204, Negdsen undestnii 8/2, 4th khoroo, Chingeltei District, Ulaanbaatar, Mongolia; Tel: 70120582

Contact Info

70120582

Attachments

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