Article 23 bis of the Saudi Military Retirement Law

This article was added by Royal Decree No. (M/87) dated 24/9/1442 AH to deal with the case of the missing pensioner, and has three paragraphs:

Paragraph (a): treatment of the missing person

• A pensioner whose disappearance is established by a final court judgment is treated, with regard to the retirement rights of the beneficiaries, as a person whose death is established, from the date of disappearance stated in the judgment deed.
• Payment of the pension is not stopped before the final court judgment is issued.
• The remaining amounts of the pension are considered due to the pensioner from the date of his disappearance until the date his death is established, in fact or by judgment.

Paragraph (b): if he turns out to be alive

• His retirement rights are re-settled retroactively in accordance with the provisions of the law.
• Amounts the Institution paid to the beneficiaries are considered to discharge its liability, are binding on the pensioner, and are deducted from his rights.

Paragraph (c): the Institution's board of directors, by its decision, sets the rules and procedures for implementing this article.

This article is linked to Article 23, which provides that if a pensioner dies, a pension equal to the pension due to him is set for his beneficiaries and divided equally among them, and which names the beneficiaries: the wife, mother, father, son, daughter, the son of a son who died during the pensioner's lifetime, brother, sister, grandfather and grandmother, with dependency required for anyone other than the wife, son and daughter. If disappearance is established by a final judgment, these provisions apply to the beneficiaries from the date of disappearance.

Someone whose breadwinner has gone missing and who needs to know the steps may consult a lawyer who specializes in personal status or administrative cases.