Article 39 of the Saudi Civil Retirement Law
المادة 39 من نظام التقاعد المدني
The article penalizes anyone who in bad faith gave incorrect data or withheld required data and so obtained, or caused others to obtain, money from the Fund without right, with a fine not exceeding those amounts.
Official text (Arabic)
This article has not been amended since the law was issued.
كل من أعطى بسوء قصد بيانات غير صحيحة، أو امتنع بسوء قصد عن إعطاء البيانات الواجب إعطاؤها في هذا النظام أو لوائحه التنفيذية وترتب على ذلك الحصول على أموال من الصندوق بغير حق، أو تسبب بسوء قصد في ذلك سواء كان هو المستفيد أو غيره وسواء كان موظفًا أو غير موظف. فيعاقب بغرامة لا تتجاوز المبالغ التي تم الحصول عليها بغير حق وذلك بدون إخلال بأية عقوبة أخرى ينص عليها في الأنظمة، ودون إخلال بحق الصندوق في استرداد ما دفع بغير حق.
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 39 explained in plain English
This article protects the retirement fund's money from fraud.
Acts that are punished:
- Giving incorrect data in bad faith.
- Refusing in bad faith to give data that must be given under the Law or its Implementing Regulations.
- Causing either of these in bad faith.
Required result: that this leads to obtaining money from the Fund without right.
Who is covered: whether the offender is the beneficiary or someone else, and whether an employee or not.
Penalty: a fine not exceeding the amounts obtained without right, and this is:
- without prejudice to any other penalty provided for by the laws.
- without prejudice to the Fund's right to recover what was paid without right.
The fine is one thing and recovery of the amount is another: the Fund keeps its right to recover what it paid without right in addition to the fine. The condition of "bad faith" is essential, since the penalty mentioned depends on bad faith being present. The article does not say which body imposes the fine.
This article follows Article 38 on the award for a person who no longer holds Saudi nationality. Anyone accused under it is best advised to consult a lawyer specializing in criminal and retirement cases.
Practical example
A person in bad faith submitted incorrect information about their length of service, and as a result an amount they were not entitled to was paid from the Fund. If this is proven, they are punished with a fine not exceeding the amounts paid without right, and the Fund keeps its right to recover those amounts.
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 39 of the Saudi Civil Retirement Law
What is the penalty for obtaining a retirement pension without right?
A fine not exceeding the amounts obtained without right, without prejudice to any other penalty in the laws and without prejudice to the Fund's right of recovery.
Does the retirement fund recover amounts paid without right?
Yes, the article provides that this is without prejudice to the Fund's right to recover what was paid without right.
Does the penalty cover someone who is not the beneficiary?
Yes, whether the offender is the beneficiary or someone else, and whether an employee or not.
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.