Article 36 of the Saudi Civil Retirement Law
المادة 36 من نظام التقاعد المدني
The article provides that where a pensioner who became entitled to the pension before this Law took effect dies after it took effect, the beneficiaries are treated under the provisions of this Law.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا توفي بعد نفاذ هذا النظام صاحب معاش استحقه قبل نفاذه، فيعامل المستحقون عنه وفقًا لأحكام هذا النظام.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 36 explained in plain English
This is a short transitional article that deals with one specific question: if a pensioner became entitled to a pension under a previous law and then died after this Law took effect, which law applies to the beneficiaries?
The rule: the beneficiaries are treated under the provisions of this Law.
Conditions for its application:
- The pensioner became entitled to the pension before this Law took effect.
- The death occurred after this Law took effect.
What decides which law applies to the beneficiaries is the date of death, not the date on which the pensioner became entitled to the pension. This means that the provisions of this Law on beneficiaries, such as the amount of their pension, its distribution and its conditions, apply to them in this case.
The pensioner and the beneficiary have the meanings given in Article 1: the pensioner is the retiree who has been granted a pension, and the beneficiary is the person who has been granted a pension because of their relationship to the pensioner.
This article follows Article 35, under which the beneficiaries' entitlement begins on the day after the death, and precedes Article 37, which regulates attachment of the pension. Anyone with a question about a specific older case can consult a lawyer specializing in retirement and administrative cases.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 36 of the Saudi Civil Retirement Law
If an older retiree dies after the Law was issued, which law applies to his heirs?
If he became entitled to his pension before this Law took effect and died after it took effect, the beneficiaries are treated under the provisions of this Law.
Does the date the pension became due or the date of death decide?
The article ties the rule to the death occurring after the Law took effect, even if the pension became due before it.
More articles on Persons Covered by the Civil Retirement Law
- Article 1
The Article defines the key terms of the Civil Retirement Law, such as employee, public body, retiree, pension, gratuity, pensioner and beneficiary.
يًقصد بالاصطلاحات الآتية - حيث وردت في النظام - المعاني المعرفة بها هنا:- الموظف : من تربطه بالدولة أو الهيئات العامة علاقة لائحية لها صفة الدوام، ويشمل هذا الل
- Article 2
The Article defines who is covered by the Civil Retirement Law, namely Saudi civilian employees appointed to grades, with rules for those holding more than one grade and for ministers who receive monthly allowances.
تسري أحكام هذا النظام على جميع الموظفين السعوديين المدنيين المعينين على مراتب في الميزانية العامة للدولة أو ميزانيات الهيئات العامة ، على أنه إذا شغل الموظف أكث
- Article 10
The Agency is liable only for pensions and retirement entitlements that fell due under this Law and the 1378 and 1381 AH retirement laws; the Ministry of Finance or the public body bears those that fell due under earlier laws.
لا تلتزم معاشات التقاعد إلا بالمعاشات والعائدات التقاعدية التي تكون قد استحقت وفقًا لأحكام هذا النظام ونظامي التقاعد لعامي 1378 و 1381هـ. أما المعاشات والتعويضا
- Article 11
The Article transfers the rights and obligations under the 1381 AH retirement law to this Law, and increases existing pensions by graduated percentages, up to a maximum of SAR 2,000.
تنتقل الحقوق والالتزامات المترتبة على النظام الصادر بالمرسوم الملكي رقم (6) في 19 /2 /1381هـ إلى هذا النظام. كما تزاد المعاشات المستحقة بموجب أنظمة التقاعد المد
- Article 33
The Ministry of Finance or the public bodies pay a percentage of the salaries of hired staff in service when the Law took effect, for their earlier service, 9% for those who did not join the 1381 AH retirement law and 6% for those who did.
تدفع وزارة المالية والاقتصاد الوطني أو الهيئات العامة حسب الأحوال عن المستخدمين الموجودين في الخدمة وقت نفاذ هذا النظام الخاضعين عند نفاذه للأحكام المنصوص عليها
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.