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The Sixth Chapter: The Eligible for Retirement Pensions and Indemnities

Article (48): Upon the death of an insured party or the retiree, the insured party’s dependents, that is widow(s) widower, sons, daughters, or dependent parent(s), brother(s), sister(s) and grandson(s), or granddaughter(s) from deceased son are eligible to receive the pension or pay as you go Lump-Sum payment in accordance with the provision of this law and shall be distributed among them equally, and in case a dependent share forfeits or he/she becomes ineligible for his or her share that share shall be redistributed among the remaining dependents equally, and if the insured deceased party is survived by one or more pregnant wives the survivor pension shall be redistributed upon the birth of the child or children according to the previous article.
Article (49): Lump-Sum payment shall be paid upon the deceased of the insured party for the dependents if he didn’t received or get benefited of it and be distributed among them equally.
Article (50): If the dependent or the retiree ceased to receive the pension for more than one year without a reason the pension shall become the property of the fund and the pension shall not be reinstated from the date of the application and to be reinstated however if his ceased period was less than one year he shall continue to be entitled for his pension until he be back and be paid to him.
Article (51): Claims may not be applicable to define the amount of pension established under the provision of this law after three years has been past from the date of final establishment or from the date of payment except the cases of re-instatement as a result of forgetness or mistakenly calculated at the time of pension calculation.
Article (52): Frozen of the pensions which have been established may not be applicable except with a judicial resolution.
Article (53): 1) A portion of a pension may be garnished by the court for legal payment in accordance with a judicial resolution.
2) A portion of pension not to exceed (20) percent may be garnished to pay a government dept.
3) If there are both legal expenses and debts to be settled the legal expense shall take the precedence over the debts if it is more than a half of the pension.

Article (54): It might not be possible to cut off the pensions from the dependants of the insured party or from the salary receive himself which is fixed in accordance with the provisions of this law if the pension conditions have been applied to.
Article (55): The share of the dependant in payments of retirement salary is to be stopped by the time of his death or in the following cases:
A) For the male: when he is employed or when his age reached (18) years old for whom he was quit to study at school or by the time he reached (21) years old for the one who is still studying at the secondary school and (26) years old for whom he is still studying at the university stage, with exception of the disability cases to work which shall be agreed and approved by the authorized medical committee.
B) For the female: when she got married or if she was employed in a work and gaining a wage in return of it. If the dependant became a widow she will be eligible to have her share of salary back at the time she has lost her husband if she is not receiving another salary belongs to her husband. In case she was divorced, her share of pension shall be paid back after the legal period has been passed.
Article (56): The Authority shall pay to the female dependant when she got married an amount of money equal to her share from the salary for one entire year, to be paid in one total payment and her share shall be divided then after a year has been passed among the dependants equally.
Article (57): It might not be possible for the dependants to pertain in more than one salary and in case they deserve more than one salary the largest one in benefit shall be given to them unless the two salaries were deserved from parents provided under the provisions of this law, then it is applicable to have them both.
Article (58): The dependants shall enclose with the request of payment forms the following documents:
1) The identification card or any other documents to identify his identity.
2) Certificate of the death of the insured party or any official document to identify the date with the cause of death.
3) A legal document identifying the dependants of the salary from the authorized court.
4) The certificate of marriage for the widow, or widows, or any document is approving the holding of marriage.
5) Certificates of birth and date of birth for the dependants.
6) Certificates of school registration for the dependants with continuous school records.
7) A medical report issued by the authorized medical committee at the case of disability to work and it might be possible for the Authority to make a request for any other documents which are in necessity to be available and to conduct a social research to make sure if everything was written in these documents is correct.
Article (59): With taking into consideration what was quoted in the previous articles, any salary or compensation or any other amounts of money fixed in accordance with the provisions of this law or previous laws and not in demand by the beneficiary within a period of maximum five years from the date of its fixing, these benefits shall be dropped completely and to be returned to the fund.
Article (60): The pensions of the retired will be dropped completely from the insured party or the salary receiver or any of the dependants in the following two cases:
A) If he joined a military service for another country without a previous permission from the government of Republic of Yemen.
B) If he was sentenced with a penalty or spying crime for the interest of a foreign country.
 


Relative links in this section


The Third Chapter: The Financial Provisions for the Injured Person

The Seventh Chapter: General Rules

The Eighth Chapter: Penalties

The Ninth Chapter: Final Provisions

The First Part: The First Chapter

The Second Chapter: Sources of Fund Financing

The Third Chapter: Retirement, Disability and Survivor Insurance

The Second Part: The Application of the Retirement Pension

The Forth Chapter: Calculation of Retiree Salary and Lump-Sum

The Fifth Part: Health Care and Work-related Injuries - First Chapter: Work-related Injuries

The Second Chapter: Health Insurance

The Minister of Civil Service and Insurance praises work discipline of the General Authority for Social Security and Pensions

17/8/2019

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Intensive efforts to complete electronic archiving of retired files

31/7/2019

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