Military Pension Law

This law shall be called the Military Pension Law and its provisions shall apply to all Saudi military personnel.

The following terms and phrases, wherever mentioned in this Law, shall have the meanings assigned thereto, unless otherwise expressly provided for herein or unless the context requires otherwise:

Minister: The Minister of Interior, the Head of the National Guard, the Minister of Defense and Aviation, and the Head of General Intelligence, each with regard to the military agency that he presides over.

Armed Forces: The military forces associated with the Ministry of Defense and Aviation, the Internal Security Forces, the National Guard forces, and the military agency associated with the General Intelligence.

Military Person: Any person subject to the Commissioned Officer Service Law and the Personnel Service Law in the Kingdom; the expression shall include officers, non-commissioned officers and soldiers.

Officer: Any person holding a military rank according to the Commissioned Officer Service Law.

Private: Any military person below an officer’s rank.

Retiree: A military person whose service has ended and he has been entitled according thereto and pursuant to this Law to a retirement pension or lump sum settlement.

Pensioner: A retiree for whom a pension is decided under this Law; the expression shall include a military person whose service has ended due to his death.

Beneficiary: A person for whom a pension is decided under this Law.

Salary: The salary prescribed for a military person according to the salary scale he is subject to; this shall not include bonuses, allowances or compensation.

Pension: An amount paid monthly under this Law to a pensioner or his beneficiary.

Lump Sum Settlement: A one-time lump sum disbursed to a military person under this Law upon the expiration of his service in lieu of a pension.

Authority: The Retirement Pensions Authority .

Fund: The Military Pension Fund.

A (9%) percentage of a military person’s salary shall be deducted on a monthly basis and paid to the account of the Fund. The government shall, via the Ministry of Finance and National Economy , pay an amount equal to (13%) of a military person’s salary to the Authority for the account of the Fund. In addition, the government shall also pay (18%) of the salaries of military personnel who remained in service until the effective date of this Law, for the period of their military service prior to such date, if they have not been subject to deduction of pension contributions prior thereto. The government’s share may, by a decision of the Council of Ministers, based on the proposal of the Minister of Finance and National Economy, be modified as sufficiently as to meet the obligations of the Fund. The Minister of Finance and National Economy shall, by a decision, determine the procedures to be applied in the deduction and payment of pension contributions referred to in this Article.

The period of service calculated in applying the provisions of the Military Pension Law shall include:

a. The actual period of military service for which pension contributions are collected under the provisions of this Law or previous pension laws, including any period of secondment under military service laws, provided that pension contributions be collected for such period;

b. The actual period of civil service, if it is calculated in retirement under any civil service law ;

c. Suspension period pursuant to military service laws, provided that pension contributions be collected for such period;

d. Additional service periods.

I. The additional service periods stipulated in Article 4 shall include:

a. A period equal to that served by a military person at war, and this period shall be determined by order of the Supreme Commander of the Armed Forces; military personnel who spend this period shall be determined by a decision of the Minister;

b. A period equal to that served by a military person in captivity, provided that this POW is proved not guilty in accordance with the military service laws; military personnel who spend this period shall be determined by a decision of the Minister;

c. A period equal to half the period served by a military pilot in air or by a weapon systems officer in combat aircraft. This additional period shall not be counted for any year wherein flight hours are less than the limit prescribed in military service laws ;

d. A period equal to quarter the period served by a military non-pilot in air. This additional period shall not be counted for any year wherein flight hours are less than the limit prescribed in military service laws;

e. A period equal to quarter the period spent by a paratrooper in paratrooper or special units. This additional period shall not be counted for any year wherein paratrooper jumps are less than the limit prescribed in military service laws;

f. A period equal to quarter the period spent by a military person serving on submarines and frogman units.

g. A period equal to quarter the service period spent by military personnel in special regions to be determined by a decision of the President of the Council of Minister.

h. 1. Three years for officers graduating from military university colleges with a minimum study period of three years ;

2. Pension contributions shall be collected for a period not exceeding three years for any period of study following the effective date of the amendment of this Paragraph .

i. Three years for officers graduating from military schools, military academies and colleges, who were appointed as officers by 29/10/1380H .

II. It shall not be permissible to aggregate two additional periods for one actual service period .

The following periods shall not be counted for retirement purposes:

a. A period of absence without leave;

b. A period of leave without pay except for sick and study leaves;

c. A period of salary deprivation;

d. Fractions of a month in the service period.

a. Upon retirement, a military person shall be entitled to a pension in the following cases:

1. If his actual service stipulated in Paragraph (a) of Article (4) reaches 18 years, or his actual military and civil service reaches 20 years, provided that his actual military service is not less than eight years or that he has reached the age of fifty-five.

2. If his actual service stipulated in Paragraph (a) of Article (4) reaches 15 years, or his actual military and civil service reaches 15 years, provided that his actual military service is not less than 8 years and that he retired upon his own request and with the approval of the Minister; or if he has been dismissed from service in the interest of work pursuant to military service laws, provided that he was not dismissed due to his absence, by a disciplinary ruling, or by the force of law for committing a crime;

3. If his service has been terminated due to death, incapacity to work, or reaching the legal retirement age, no matter how long his service period was;

b. If the entire length of both his military and civil service does not reach the period for which he is entitled to a pension, the lump sum settlement for his military service shall be determined in accordance with the Military Pension Law. The lump sum settlement for his civil service shall be settled according to the Civil Pension Law in force upon the expiry of his latter service. The sum of the two lump sum settlements shall be disbursed from the Military Pension Fund .

The pension shall be calculated on the basis of one thirty-fifth of the last basic salary, provided that the pension does not exceed the amount of the salary .

In cases other than those set out in Article (7), a military person shall not be entitled to a pension, but shall be entitled to a lump sum settlement to be calculated according to the following:

a. An amount equal to a month’s salary for each of the first five years of actual military service; an amount equal to the salary of two months for each of the following five years of actual military service; and an amount equal to the salary of three months for each additional year of actual military service for those who completed their service without any disciplinary ruling or dismissal due to absence or by the force of law for committing a military or civil crime;

b. An amount equal to a month’s salary for each of the first five years of actual military service and an amount equal to the salary of two months for each additional year of actual military service for those whose service was terminated by a disciplinary ruling or dismissal for absence or by the force of law for committing a military or civil crime, unless the ruling rendered against them entails their deprivation of such lump sum settlement.

The retirement pension shall be settled, and the lump sum settlement provided for in Article (9) of this Law shall be granted on the basis of the last salary received by the military person.

a. A pension or lump sum settlement shall be attached by an order of the President of the Council of Ministers if it is related to government debts, or by a judicial ruling if it is related to other than government debts, provided that the attachment rate does not exceed (25%). In all cases, an alimony debt shall be given precedence over other debts without being restricted to such rate.

b. The Public Pension Agency shall have precedence over all creditors in recovering its rights except for the alimony debt, and shall be directly deducted from the pension entitlements, provided that the percentage of deduction does not exceed (25%). &

a. An officer shall be pensioned upon reaching the age set out as follows:

Officers of the rank of lieutenant general and above shall not be pensioned at a specific age, but shall be pensioned by Royal Order upon the suggestion of the Minister.

b. A non-commissioned officer shall be pensioned upon reaching the age set out as follows:

Non-Commissioned Officer and Non-Commissioned Officer First Class 44

Corporal 46

Vice Sergeant 48

Sergeant/Sergeant First Class 50

Master Sergeant 52

Pursuant to an order of the Supreme Commander of the Armed Forces upon the request of the Minister, implementation of the provisions of Article (11) hereof may be suspended for a specific period or periods.

a. An officer may continue in service after reaching the prescribed retirement age for a period of two years if such continuation is deemed in the interest of work; this shall be carried out by a decision of the Minister upon the recommendation of the Chief of the General Staff. This period shall be counted in the retirement pension, and pension contributions shall be deducted therefor; it may be extended for one year then another, provided it does not exceed four years.

Pursuant to a decision of the concerned Minister whenever the interest of work so requires, the service period of a medical officer who has reached the legal retirement age may be extended for a maximum period of ten years, provided that such extension is carried out over periods each of which does not exceed five years. Such extension period shall be counted for the purpose of retirement, and pension contributions shall be deducted therefor. In all cases, a medical officer shall be pensioned upon reaching the age of 65. &

b. A technical non-commissioned officer may be held in the military service after reaching the specified retirement age for a period of five years, which can be extended for another five years, if his continuation is in the interest of work. This procedure shall be carried out by a decision of the Chief of the General Staff upon the recommendation of the Chairman of the Armed Forces Management Commission, or the Commander of the Air Force or the Navy. This period shall be calculated in the retirement pension, and pension contributions shall be deducted therefor.

Age shall be decided based on a birth certificate or an identification card; if a person’s date of birth is unknown, his age shall be calculated as of the first day of the seventh month of the Hijri year wherein he was born.

The pension to which a military person is entitled due to his death or dismissal from work for being medically unfit for reasons other than his job or due to an accident for a reason other than his job shall be settled on the basis of (70%) of his last monthly salary, or on the basis of his due entitlement for his service period counted in retirement in accordance with Article (8), whichever is more.

Lack of medical fitness shall be established through the Military Medical Committee upon the request of the sick or injured military person or the agency he is affiliated thereto.

A military person who suffers total disability during or due to the performance of his work shall be granted a monthly pension equivalent to the last salary he used to receive. If the injury causes a partial disability requiring his discharge from military service, he shall be granted a retirement pension equal to four fifths of the last salary he used to receive. Cases of total and partial disability shall be determined by a decision of the Military Medical Committee to be approved by the Minister.

The pension of a military person, who suffers total disability due to military operations, captivity, or an injury resulting from fighting hostile armed organizations or during firing while breaking into the places of terrorists or chasing smugglers, shall be settled on the basis of the highest salary in the salary scale for the rank immediately above his rank. Yet, if the injury has caused a partial disability requiring his dismissal from military service, then he shall be entitled to a pension equal to four-fifths of this salary.

The provisions of Article (18) shall apply to those who suffer injuries during live ammunition training projects, breaking into barriers, laying or removing mines, or during air and sea landing, or air and maritime training, and in all similar cases upon which a decision is issued by the President of the Council of Ministers.

a. Beneficiaries of military persons who die during or due to work shall be granted a monthly pension equal to the salary they were paid upon their death.

b. If a military person is martyred due to a service he was commanded to carry out during military operations, live fire training, air training, maritime training, carrying out military operations or movements, or due to an injury resulting from fighting hostile armed organizations or during firing while breaking into the places of terrorists or chasing smugglers, his beneficiaries shall be granted a pension equal to the maximum starting salary of the rank immediately above his rank.

The Military Medical Committee may establish the injuries and deaths stipulated in the previous articles, but if the injury or death has occurred during war or military operations, it shall be sufficient to draw up a written report by the commander of the military formation, stating the circumstances surrounding the incident and when and where the injury occurred.

Any person who suffers a total or partial disability or death as a result of weather conditions or environmental diseases at any entity where he has been ordered to serve shall be treated in accordance with the provisions of Article (17) and Paragraph (a) of Article (20), depending on the circumstances.

If a pensioner dies, his beneficiaries shall be entitled to a pension equal to the amount of the pension he was entitled to, and it shall be equally distributed among them.

A pensioner’s beneficiaries shall be his wife, mother, father, son, daughter, son and daughter of a son who died during the life of the pensioner, brother, sister, grandfather, and grandmother. With the exception of the wife, son, and daughter, in order for a person to be entitled to the pension, he shall be dependent on the pensioner upon his death. The Board of Directors of the Fund shall, by a decision, determine when to consider a person as dependent on the pensioner and the procedures required therefor .

a. The pension to which male children, grandchildren and brothers shall be suspended if they reach the age of twenty-one. Notwithstanding the aforementioned, the pension shall continue for such beneficiaries in the following conditions:

1. If the beneficiary is a student at a secondary or high school or any recognized equivalent thereof, provided that he is a regular student; the pension shall be disbursed to him until he reaches the age of twenty-six or until graduation, whichever is earlier.

2. If he suffers from a total disability preventing him from earning his living, and this is established by a decision of the competent medical agency, until the disability is removed.

b. As of the date of the marriage contract, the pension payable to the wife, daughter, granddaughter and sister shall be suspended upon their marriage; the same shall apply to the mother if she marries other than the father of the deceased. Such pension entitlement shall be recovered if the beneficiary is or widowed; if the divorced female beneficiary was married at the time of the pensioner’s death, the pension shall be redistributed on the assumption that she was entitled thereto at the time of death.

c. The pension disbursed to a pensioner or his beneficiaries shall be suspended if he is/they are appointed at steady government jobs or if they were appointed therein upon the death of the pensioner, provided that the employed person’s salary is equivalent to or exceeds the amount of the pension. If the salary is less than the pension to which he is entitled, the difference shall be disbursed to him. He may receive the pension he is entitled to and his monthly salary together if their total does not exceed (400) riyals, but if such total exceeds this limit, the pension shall be reduced by the amount of such increase.

d. No beneficiary may receive more than one pension. If a person is entitled to more than one pension according to this Law or other pension laws, the larger pension shall be disbursed to him. However, it shall be permissible to receive two or more pensions together if their total does not exceed (300) riyals per month, but if such total exceeds this limit, the last pension shall be disbursed by the amount that completes the said total.

These provisions shall apply to a pensioner who is a beneficiary of another pensioner.

e. If the share of one of the beneficiaries is withdrawn or suspended for any reason whatsoever, it shall not be disbursed to the remaining beneficiaries; it shall be returned to the Fund, provided that the share of the remaining beneficiaries be, in all cases, not less than (50%) of such pension, but if such share becomes less than (50%) of the pension, it shall be increased by the amount of such percentage and shall be redistributed to the remaining beneficiaries by their number. If the suspended beneficiary's share is recovered, the pension shall be redistributed to the existing beneficiaries, as if that share had not been suspended.

The age of beneficiaries entitled to a retirement pension shall be decided based on their parent’s birth certificate or identification card.

If a military pensioner is returned to service in a job subject to the provisions of this Law, his retirement pension shall be suspended, and his subsequent service period shall be aggregated in his previous one upon his retirement; in that case, his pension shall be settled on the basis of his last salary.

If a military person is returned to service in a job subject to the provisions of this Law and he has previously received compensation, lump sum settlement or benefits under previous pension laws or has received a lump sum settlement for a previous service period under this Law, such period may be counted in his favour in his pension, provided that he applies for the same within a period not exceeding one year from the date of his return to service. In this case, he shall return the compensation, lump sum settlement, or benefits that he received from the Authority for the period to be calculated either in one payment not later than six months from the date of submitting the application or in equal monthly installments to be deducted from his salary, provided that the deduction be not less than 25% of his salary; such deduction of installments from his salary shall start as of the date determined by the Authority. In the event of service expiry before these installments are completed, the Authority shall have the right to obtain the same from the pension due to the military person. If this person becomes entitled to a lump sum settlement, the remaining installments shall be deducted therefrom at one time. In the event of death of a military person or pensioner, the Authority may not claim the amount of such installments from his heirs or beneficiaries.

A pensioner or beneficiary thereof shall be deprived of a pension in following cases:

a. If he obtains a nationality other than his Saudi nationality; however, this provision shall not apply to a non-Saudi wife or a wife who recovers her non-Saudi nationality due to the death of her husband.

b. If he serves in a foreign government without official permission.

The Military Medical Committee shall be formed, by a decision of the Minister, of at least three physicians. This decision shall determine the term of work of the said committee.

If there is any deficit in the Fund, it shall be settled according to the method determined by the Board of Directors and approved by the Council of Ministers, but if there is a surplus that makes it possible to introduce new benefits to the beneficiaries, this may be decided upon by a recommendation from the Board of Directors and approval of the Council of Ministers.

The Fund shall only be committed by pensions and pension benefits payable in accordance with the provisions of this Law and the Military Pension Law of 1380H. As for pensions and compensations payable under other laws preceding these laws, they shall be borne by the Ministry of Finance and National Economy.

The Chief of the General Staff may keep in service any person referred to retirement for a period not exceeding two months in order to deliver things in his custody, in which case that person shall be given a remuneration for such period equal to the salary that he used to receive prior to retirement, including bonuses and allowances for each month. Such period shall not be counted in the period calculated in the pension or lump sum settlement. The said person’s retirement pension shall be disbursed as of the date of his referral to retirement.

In any entity other than the armed forces, the Minister shall determine whoever to have the powers of the Chairman of the General Staff and the Chairman of the Armed Forces Management Commission in this law.

This Law shall repeal the previous Military Pension Law.

The Council of Ministers shall be entitled to interpret this Law.