SECTION IV: DESIGNATION OF THE FAMILY MEMBERS AND THE METHOD OF COMPUTATION OF THEIR ENTITLEMENTS
SECTION IV
DESIGNATION OF THE FAMILY MEMBERS AND THE METHOD OF COMPUTATION OF THEIR ENTITLEMENTS
ARTICLE (20)
1. For the purposes of designation of the family members who are eligible for survivors pension under the provisions of paragraph (8) of Article (2) of the Law, due regard shall be given to the following definitions and conditions:
a. "Widow of the deceased contributor" is the wife of the deceased at the time of his death or his divorcee by revocable divorce, if the death occurred during the waiting period.
b. "Widower of the deceased female contributor" is the one whose contributor wife died and is suffering an earning incapacity for as long as he is incapacitated. He is deemed to be legally incapacitated if, upon the death of his wife, he was over sixty years of age and unemployed.
c. "Sons" are the sons of the deceased contributor who are under twenty one years of age until they complete such age, which age limit is extendible to twenty six if they are pursuing their studies in an educational or vocational institution, and no age limit is set as long as they are suffering an earning incapacity by reason of chronic disease or infirmity.
d. "Daughters" are the daughters of the deceased contributor until they marry.
e. "Grandsons and grand-daughters" are those whose father (the son of the contributor) died during the lifetime of the contributor, subject to the same conditions prescribed in respect of the sons and daughters, provided that they have been supported by the contributor until the date of his death.
f. "Father" is the father of the deceased contributor who was supported by the contributor until he died, provided that he is suffering a loss of earning capacity, and he shall be deemed to be legally incapacitated to earn if he was over sixty and not working at the time of the death of his son.
g. "Mother" is the mother of the deceased contributor who was supported by the contributor until the date of his death.
h. "Grandfather" is the grandfather of the deceased contributor who was supported by the contributor until the date of his death, provided that he is suffering a loss of earning capacity, subject to the same conditions applicable to the father.
i. "Grandmother" is the grandmother of the contributor who was supported by the contributor until the date of his death.
j. "Brothers and sisters" are the brothers and sisters of the contributor subject to the same conditions provided for in respect of the sons and daughters without being required to be orphans so long as they were supported by the contributor until the time of his death.
2. The appropriate Medical Board shall determine the earning incapacity state for the purposes of application of the preceding paragraphs, after reviewing the medical reports presented by the beneficiary.
ARTICLE (21)
1. For the purposes of application of the provisions of paragraph (8) of Article (2) of the Law, the person shall be considered as dependent on the contributor or pensioner if he depends in meeting any of his basic elements of living expenses on the money given to him by the contributor or pensioner. The dependency shall be invalid if the beneficiary earns from an employment an income equivalent to or exceeding his share of pension of the contributor or pensioner. Nevertheless, he may combine his pension share with his employment income within the limits prescribed in paragraph (9) of Article (38) of these Regulations.
2. The satisfaction of the dependency condition shall be evidenced by a legal deed.
ARTICLE (22)
For the purposes of application of the provisions of Article (40), and paragraph (2) of Article (41) of the Law, the family members provided for in paragraph (8) of Article (2) of the Law shall include the unborn child whose entitlement shall be retained by the Organization until it is born when it shall be paid in accordance with the following:
a. If the child is born alive, his/her retained share shall be paid.
b. If more than one newborn is delivered, the retained accumulated pension amount shall be distributed equally between them, and the survivors pension shall be re-distributed among the eligible family members in accordance with the rules set forth in paragraph (2) of Article (35) of the Law with effect from the beginning of the month immediately following the date of delivery of the newborn. If the entitlement retained by virtue of the preceding paragraph is lump sum compensation, it shall be distributed equally between the newborns.
c. If the child is stillborn, the shares of the family members shall be re-distributed equally among the remaining eligible family members in accordance with the provisions of paragraph (2) of Article (35) or paragraph (2) of Article (41) of the Law, as applicable.
ARTICLE (23)
Subject to the provisions of paragraphs (3) and (4) of Article (35) of the Law, due regard shall be given to the following:
1. The pension payable to the widow, daughter, sister or granddaughter shall be discontinued if she marries. If she is divorced or widowed thereafter, payment of her discontinued share shall be resumed in the same amount she used to receive, if her share has not been redistributed among any of the other eligible survivors. However, if such share has wholly or partly been redistributed among any of the eligible survivors, the deceased's pension shall be redistributed among all the eligible family members who are still entitled to the pension.
2. The pension of the incapacitated son, brother or grandson shall be cancelled in case he is no more incapacitated. However, if he is re-incapacitated, his discontinued share shall be resumed to him in the same amount he used to receive, if it has not been redistributed among any of the other survivors. If such share has wholly or partially been redistributed among any of the eligible survivors, the deceased's pension shall be redistributed among all the eligible family members who are still entitled to the pension.
3. If the daughter, sister or grand-daughter, who was married at the time of death of the contributor, is divorced or widowed, the deceased's pension shall be redistributed among all eligible family members who are still entitled to pension, for the purpose of granting her the payable share.
4. If a change has occurred in the number of the family members, and such change has affected the amount of the share received by the member whose entitlement to pension has been reinstated, the survivors' pension shall be redistributed among all eligible family members who are still entitled to pension.
5. As an exception to the provisions of paragraph (1) of Article (20) of these Regulations, if a family member has not been included in the family members eligible for the contributor’s pension at the time of his death and has, thereafter, filed a claim for payment of a pension share and presented an evidence confirming that he/she was supported by the contributor at any time before the contributor died, his/her share of the pension shall be paid non-retroactively, with due regard to the provisions of Article (21) of these Regulations, provided that it is paid within the limits of a pension surplus that has not been distributed, and that payment of the same will not affect the pension shares of the other beneficiaries, without prejudice to the provisions of Article (57) of the Law. This provision shall be applied regardless whether the death of the contributor has taken place before or after the effective date of the new Law.
ARTICLE (24)
With due regard to the provisions of paragraph (1) of Article (15) of these Regulations, if a family member has intentionally caused a risk to arise or committed a criminal act against the contributor, such member shall not be entitled to any benefit, and the benefit payable to the family members shall be computed on the grounds that the deprived member does not exist.
ARTICLE (25)
For the purposes of application of the provisions of Article (51) of the Law, the death grant shall fully be distributed among the eligible family members on equal basis. If only one eligible member is available, he shall be entitled to the whole grant, and the Governor shall determine such procedures and documents as may be required for payment of such grant.