The Right to Social Security A. LEGISLATIVE MEASURES The Constitution 403. Although not justiciable Article 112 of the Constitution, states that Government shall endeavour to provide to persons with disabilities, the aged and other disadvantaged persons such social benefits and amenities as are suitable to their needs and are just and equitable. National Pensions Scheme Act 404. Section 3 of the National Pension Scheme Act, No. 40 of 1996 establishes the National Pension Scheme Authority (NAPSA) which is mandated to implement the policy relating to pension schemes. The benefits are provided under Section 9 of the Act which states: “The authority shall pay pension benefits to a member who: a) retires from employment on reaching the retirement age; b) retires five years before he reaches pensionable age and has contributed to the Scheme for a minimum period prescribed by the authority; or c) has made contributions for at least twelve months and is certified by the medical board that he is incapable of gainful employment due to a total or partial mental or physical incapacity which pension shall be determined by a formula by an actuarial study and prescribed by the Minister by Statutory Instrument.” 155