SECTION VII: TRANSITIONAL PROVISIONS
SECTION VII
TRANSITIONAL PROVISIONS
ARTICLE (39)
1. For the purposes of application of the provisions of Article (36) of the Law, the receipt by a non-Saudi contributor sustaining an employment injury, or by his family members in the event of his death, of the lump sum compensation determined in lieu of the benefit, shall terminate the relation between him/them and the Organization.
2. The non-Saudi contributors who have sustained employment injuries or, in the event of their death, their family members who have been eligible for monthly benefits before the date of putting this Law into effect and have elected to continue receiving the benefits by virtue of the decisions already issued by the Board of Directors, as well as those residing outside the Kingdom and have elected to continue receiving the benefits by virtue of the said decisions, may be given by the Organization the option either to continue receiving their due benefits in accordance with the prescribed statutory provisions or to receive, in lieu thereof, a lump sum compensation assessed in accordance with the provisions of Article (36) of the Law. All this shall be done in conformity with such rules as may be adopted by the Board of Directors.
ARTICLE (40)
1. For the purposes of application of the provisions of Article (67) of the Law, due regard shall be given to the provisions of the following paragraphs in respect of the Saudi contributors and their family members:
a. The Saudi contributor who, prior to the date of putting the Law into effect, was entitled to monthly benefit for permanent total disability under the old Law and his benefit continued to be lawfully payable until the said date, the benefit shall be raised to SR 1,500 (one thousand five hundred Saudi Riyals) if it was less than the said amount, with due regard to the relevant provisions followed in respect of the pensions raised to the minimum by virtue of paragraph (1) of Article (42) of the Annuities Branch Benefits Regulations.
b. If the monthly benefit is due for a permanent partial disability, the benefit shall be re-computed on the basis of being a percentage of the total disability benefit prescribed under the preceding paragraph, if this renders the benefit to be increased. In the event of death of the one who is entitled to the said benefit after the new Law is put into effect, his entitlement shall be distributed between his family members in accordance with the provisions of the Law.
c. As regards to the benefits entitled to the family members under the old Law and are still entitled to them on the date the new Law is put into effect, the shares of the eligible family members shall be re-determined on the basis of raising their breadwinner's entitlement to SR 1,500 (one thousand five hundred Saudi Riyals) if it is less than such amount. If, thereafter, an individual share is found to be less than SR 300 (three hundred Saudi Riyals), it shall be raised to this much, provided that the total amount of the shares of the family members pursuant to this provision shall not exceed SR 1,500 (one thousand five hundred Saudi Riyals) or the average wage taken as a basis for the computation of the benefit of the breadwinner, whichever is greater.
2. The non-Saudi contributors or any of their family members, as applicable, who have licensed permit for permanent residence in the Kingdom, and who, prior to putting these Regulations into effect, were receiving monthly benefit under the old Law and remained payable until the date of putting the new Law into effect, shall be subject to the provisions of the preceding paragraphs. The appropriate office shall regularly verify the fulfillment of the permanent residence condition.
3. The provisions of the preceding paragraphs shall be applied on and from the beginning of the month immediately following the date on which the new Law is put into effect.
4. The daily allowance payable to the Saudi or non-Saudi contributor, who sustained employment injury under the old Law, shall be raised to the amount provided for in the new Law for the disability periods following the date of putting it into effect.
The recipient of the monthly benefit for permanent total disability under the old Law who subjects himself to regular medical examinations under the new Law, and as a result of re-examination, his disability degree is reduced or raised, shall continue to be treated according to the provisions of the old Law as to the determination of the kind and amount of the benefit payable in the form of monthly benefit or lump sum compensation, as appropriate, subject to the new degree of disability