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Annuties Branch Benefits

Annuties Branch Benefits

ANNUITIES BRANCH BENEFITS
ARTICLE (1)
For the purposes of computation of the contribution months in application of the provisions of Article (47) of the Law, the following rules shall be applicable:
1. A contribution month is every calendar month for which, pursuant to the provisions of the Law and the Registration and Contribution Regulations, contribution is due to the Organization on the basis of the full monthly contributory wage, regardless whether it is based on the wage of the first month of the insurance year or on actual wages or on such other method as adopted by the Organization for the purposes of determination of the payable contributions. 
2. The contributor treated on the basis of the actual wages method shall be treated as follows in respect of the periods for which no full monthly wage has been received by him and not included in the period calculated in his favour in accordance with the preceding paragraph: 
a. If he is a monthly-paid contributor, he shall be credited with one contribution month for every 30 paid days. 
b. If he is an hourly-paid contributor, he shall be credited with one contribution month for each 240 paid hours. 
c. If he is a daily-paid contributor, he shall be credited with one contribution month for every 30 paid days. 
d. In adding the contribution months as provided for in the preceding paragraphs, the working days balance equivalent to or exceeding 13 (thirteen) days shall be considered as a contribution month and the balance that is less than that shall be disregarded. 
e. If the contributor’s period of contribution includes a period for which a daily allowance for injury is payable, such period shall be included for the purposes of computation of pension or compensation payable to him under the Annuities Branch provisions, as if he has received full wages and paid the contributions due therefore. 
3. Where contributions are paid according to Gregorian calendar, the differences in days between the Gregorian and Hijrah years shall be added to the contribution period if this enables the contributor to complete the period qualifying for pension. This shall be applied to cases of eligibility for pension provided for in paragraphs 1(a), 1(c), 1(d), and (2) of Article (38) of the Law and to cases of disability and death, provided that such added differences shall not be taken into account in the computation of the pension. 

ARTICLE (2)
1. The day on which a contributor leaves employment shall be reckoned as contribution day. 
2. For the purposes of application of the provisions of paragraphs 1(a), 1(c), 1(d), and (2) of Article (38) and the provisions of Articles (39) and (40) of the Law, the incomplete month in which the worker leaves employment shall be reckoned as complete contribution month, if such reckoning enables the contributor to complete the period qualifying for pension, provided that such month shall not be taken into account in the computation of the pension.  
3. For the purposes of determination of the period qualifying for non-occupational disability pension and heirs pension in accordance with the provisions of paragraph (1) of Article (39) and paragraph (1) of Article (40) of the Law, the contribution months shall be considered as consecutive if they are related to periods of employment covered under the Law and are not separated by a time interval. 
4. For the purposes of application of the provisions of the preceding paragraph, the month in which the contributor leaves employment shall not be considered a time separator if no contribution is due for such month in respect of the contributor who pays contributions on the basis of wages of the first month of the year. Likewise, the periods of absence, leave without pay, or periods of suspension of the employment contract shall not be considered as time separator if no contribution is due for such periods, in respect of contributor who pay contributions on actual wage basis. Nor shall the period separating between two contribution periods which is less than thirty days be considered as time separator. However, the periods referred to in the foregoing cases shall not be included in the period taken as a basis for the calculation of the pension.
 
ARTICLE (3)
For the purposes of application of the provisions of paragraph 3(e) of Article (38) of the Law, if a contributor has worked for more than one employer at a time, and each employer is liable to pay full contribution for each one month, the contributor, or his eligible surviving family members, as applicable, shall be credited with one contribution month for each one calendar month. In this case the total monthly wages due to the contributor from the various employers during the last two contribution years shall be taken as a basis for the computation of the pension, with due regard to the application of the provisions of paragraph (2) of Article (19) and paragraph (3) of Article (38) of the Law and Article (8) of the Annuities Branch Benefits Regulations. 
The Governor may set forth such details and examples as may be required for the implementation of this Article.
ARTICLE (4)
1. For entitlement to retirement pension in all cases, in the application of the provisions of Article 38(1) of the Law, the compulsorily contributor shall have ceased to be engaged in any work subject to compulsory coverage and the voluntarily contributor shall have ceased to be engaged in any work subject to voluntary or compulsory coverage.  
2. For the purposes of application of the provisions of paragraph 1(c) of Article (38) of the Law, The contributor who does not reach sixty years of age, shall have the right to file a claim for payment of retirement pension if reached at least 300 (three hundred) contribution months. 
3. For the purposes of application of the provisions of paragraph 1(c) of Article (38) of the Law, the contributors who are engaged in arduous or unhealthy occupations listed hereunder may retire at age fifty five or over and receive retirement pension so long as each has completed at least 120 (one hundred twenty) contribution months:
a. The mining workers who work inside the mines. 
b. The quarry workers who work in the breaking, exploding and packing of rocks and raw materials. 
c. The workers who work in casting of metal such as iron and steel and do their job in front of furnace with high temperature. 
d. The divers whose regular work requires diving deep into the sea. 
To benefit from the provisions of this Article, the contributor shall have continued his actual engagement in the said works throughout the last five years of his contribution period, and this shall be established by the inspection report approved by the Office Director.
4. With due regard to the provisions of paragraph (1) of this Article, the pension due under paragraphs 1(b) and 1(c) of Article (38) of the Law shall be paid on the first day of the month immediately following the date of filing the claim for payment of pension if such claim is filed before attaining age sixty.
 
ARTICLE (5)
1. For the purposes of application of paragraph 1(d) of Article (38) of the Law, the Organization shall pay the retirement pension to the family of the contributor who is sentenced for a term of imprisonment on temporary basis, though he may be under sixty years of age, so long as he has completed the period qualifying for entitlement to pension and satisfied the following conditions: 
a.The contributor shall have been sentenced by virtue of a judicial decision or an order issued by the authorized person for a term of imprisonment of not less than three months, or if the contributor remains in prison for that period.  
b.The employer shall have notified the Organization of the termination of employment of the contributor.
2. The entitlement to the pension referred to in paragraph (1) of this Article shall commence at the beginning of the month following the date on which the contributor whom have been sentenced by virtue of a judicial decision or an order issued by the authorized person was imprisoned, and at the beginning of the month following the termination of three-month period during which the contributor remained in prison. However, the right to the pension shall expire at the end of the last day of the month, in which the imprisoned contributor is released, with the next months added thereto. The appropriate office shall coordinate with the prison administration to know the actual date of entry and release of the contributor.  
3.The pension of the contributor family members provided for in paragraph (8) of Article (2) of the Law shall be paid to such person as may be designated by the contributor to receive the pension on behalf of the family members. Designation of such person shall be made by a statement of the contributor duly approved by the administration of the prison in which he is detained. If such designation is not made, the Organization may pay the pension to the person designated by his eligible family members. If they do not designate anyone, the pension shall be paid to the wife (or to the husband of the imprisoned female contributor) or otherwise to the eldest member.  
4.The retirement pension payable to an imprisoned contributor by virtue of the provisions of paragraph 1(d) of Article (38) of the Law shall become final, if such contributor attains sixty years of age in the course of his term of imprisonment. If, prior to reaching that age, he dies or is afflicted with a non-occupational disability of the kind provided for in Article (39) of the Law, his pension shall be re-computed, and he shall be treated the same as the one who dies or is afflicted with a disability after he leaves insurable employment prior to reaching age sixty. 
5. Where the imprisoned contributor is released prior to reaching sixty years of age and the time limit prescribed in paragraph (2) of this Article has expired, he shall be treated the same as any other contributor whose contribution period ends before attaining age sixty. 
6. With due regard to the provisions of the preceding paragraphs, the pension payable to the imprisoned contributor shall be subject to all the provisions of the Law and these Regulations, particularly in relation to the conditions of continuity of entitlement to pension.

ARTICLE (6)
For the purposes of application of the provisions of paragraph (2) of Article (38) of the Law, the contributor who has completed 60 (sixty) or more but less than 120 (one hundred twenty) contribution months and is no more engaged in any activity covered under the Law and has filed a claim for payment of his pension at age sixty or over, may claim to be credited for an additional period to the extent required to qualify him for entitlement to pension, provided that the period to be credited for shall not exceed five years, and that he shall pay the total contributions to the Annuities Branch at the rate of 18% for each month of the credited period computed on the basis of the average monthly contributory wage taken as a basis for the computation of the pension. The contributor shall pay the said amount of contributions either in one payment or by deducting it from the accumulated pension due from the date of his retirement and paying the balance in monthly installments at the rate of 25% of the payable monthly pension until the whole due amount is settled. In the event of death of the contributor prior to settlement of the whole amount, the Organization's title to the balance of the installments shall be forfeited. 

ARTICLE (7)
For the purposes of application of paragraph 3(a) of Article (38) of the Law, due regard shall be given to the following: 
a.The contribution period for which the pension is assessed shall mean the total contribution months divided by 12 months. 
b.The contribution period completed with effect from the date of implementation of the new Law shall be included in the computation of the pension at the rate of one fortieth of the average monthly contributory wage in the last two years of his contribution period. 
c.The contribution period completed under the old Law shall be included in the computation of the pension at the rate of one fiftieth of the said average provided for in the paragraph (b), above. There shall be added to the pension payable for such period the family allowance provided for in paragraph (3) of Article (38) of the old Law in accordance with the relevant provisions applicable thereto. 
d. As an exception of the provisions of paragraph (c) above, the said family allowance shall not be payable in respect of those to whom the provisions of the said paragraph apply, if the total amount of the pension and the allowance is equivalent to or less than the minimum prescribed for the retirement pension or non-occupational disability pension, in which case the pension shall be raised to the said minimum and the allowance shall be cancelled. However, where the said total amount exceeds the prescribed minimum, the pensioner shall continue to receive this total without having the pension raised to the prescribed minimum. In case, the amount of the allowance has been revised as a result of a change in the number of the dependants which revision renders the total amount to be equivalent to or less than the prescribed minimum, the pension shall be raised to such minimum and the allowance shall be cancelled. In the event of the death of the pensioner, the pension distributable among the family members shall not be less than the prescribed minimum. 

ARTICLE (8)
1.For the purposes of application of paragraph 3(b) of Article (38) of the Law, due regard shall be given to the following: 
a.The average monthly wage on which basis the pension is computed shall be one twenty fourth of the total contributory wages on the basis of which the contributions due have been paid during the last twenty four contribution months, with due regard to the provisions of the next paragraph. 
b.The average wage taken as a basis for the computation of the pension shall not exceed 150% of the contributory wage at the beginning of the last five years of the contribution period, save for the contributor whose contributory wage has continued to be subject to the graduation provided for in paragraph (2) of Article (19) of the Law for at least five contribution years. If, as a result of application of this provision, the average wage taken as a basis for the computation of pension is less than the actual average wage in the last two contribution years by 10% or over, a separate pension shall be assessed for the excluded wage differences and such pension shall be added to the original pension in accordance with such details and examples as may be issued by Governor's decision. 
2.1 For the purposes of application of the provisions of paragraph 3(d) of Article (38) of the Law, due regard shall be given to the following: 
a. The provisions of the said paragraph shall be applied to the cases where the contributor's average monthly wage in the last two years of his contribution period is less than his average wage in any former year by 10% or over, due to an actual reduction in this wage or in consequence of the application of the provision of paragraph 3(c) of Article (38) of the Law. 
b. The maximum number of periods which may be determined as separate periods shall be only two contribution periods including the final contribution period, provided that either periods shall not be less than two years and that the monthly average wage in the last two years of the first separate period shall be more than 10% higher than the monthly average wage for the final separate period. 
c.In case the conditions provided for in the preceding paragraph are met by more than one contribution period, the contribution period immediately preceding the final separate period shall be elected. 
d. If the contributor’s monthly average wage in the last two years of each separate period is less than his wage in any year preceding such period by 10% or over, the difference between them shall be taken for each year in which such difference arises and the monthly average thereof shall be produced. Then a separate pension shall be computed in respect of such differences and their respective period, which pension shall be added to the original pension of that period. 
e.The provisions of paragraph 1(b) of this Article shall be applied to the average wage taken as a basis for the computation of the pension for each separate period. 
f. A pension shall be computed for each separate contribution period, with due regard to the provisions of paragraphs (a), (b), (c), (d), and (e), above, and the ultimate pension shall be equivalent to the total amount of all pensions due for those periods. 
2.2  In case the conditions provided for in the two paragraphs 2.1(a) and 2.1(b), above, are not satisfied by a contribution period, the provisions of paragraph 2.1.d, above shall be applied to that period. 
3. For the purposes of application of paragraph 4(a) of Article (38) of the Law, the pensioner may not combine the wage he earns when he resumes an insurable work with a portion of his pension in the manner provided for in the said paragraph, unless he is sixty years old or is a recipient of a non-occupational disability pension referred to in paragraph (7) of Article (39) of the Law. 

ARTICLE (9)
1.For the purposes of application of the provisions of paragraph (1) of Article (39) of the Law, the contributor shall be entitled to a non-occupational disability pension, if the disability has occurred while the contributor is in employment covered under the Law, the twelve or eighteen-month period is immediately following the completion of the formalities for his actual registration with the Organization, and the state of disability is established by the Medical Board within eighteen months at the most from the date of termination of the contribution period in addition to the other statutory conditions. If no decision establishing the disability is issued by the Medical Board within such period for the contributor’s own reason, he shall be treated as the contributor who is afflicted with a non-occupational disability after he leaves the covered employment provided for in paragraph (2) of Article (39) of the Law in addition to the next paragraph. 
2.For the purposes of application of the provisions of paragraph (2) of Article (39) of the Law, the case of the contributor who is afflicted with a non-occupational disability after he left employment covered under the Law shall be presented to the appropriate Medical Board to consider the existence of the non-occupational disability required for entitlement to the retirement pension prior to attaining age sixty. The case may be presented to the Board at any time so long as the contributor’s right to claim has not elapsed by the expiry of the time limits provided for in Article (57) of the Law and the other statutory conditions for entitlement to such pension are fulfilled. 
3.The pension payable to the contributor who is afflicted with a non-occupational disability after he leaves the employment covered under the Law as well as the one who is treated as such shall be deemed as a retirement pension to which all the relevant provisions shall be applied except that it is paid before reaching age sixty and due regard shall be given to the following: 
a.He shall not be entitled to the said pension for the period preceding the date of leaving the employment covered under the Law. 
b.The minimum-related provisions provided for in paragraph (3) of Article (39) of the Law as well as the provisions of paragraph (4) of the said Article shall not be applied to him. 
c.This pensioner shall be subject to such periodical medical tests as may be determined by the Medical Boards until he attains sixty years of age. 
The provisions of paragraphs (a) and (b), above, shall be applied to cases of entitlement to survivors pension as a result of the death of their contributing breadwinner after leaving his employment covered under the Law which cases are provided for in paragraph (2) of Article (12) of these Regulations. 

ARTICLE (10)
For the purposes of application of the provisions of paragraph (4) of Article (39) of the Law, an allowance of 50% (fifty percent) shall be added to the non-occupational disability pension of the contributor if he is established by the Medical Board to be in need of the assistance of others in the performance of his everyday life activities, provided that such allowance shall not exceed the sum of SR 3,500 (three thousand five hundred Saudi Riyals). Entitlement to the allowance shall commence with effect from the date of entitlement to the disability pension or from the beginning of the month immediately following the month in which the Board decides his entitlement to the allowance, if the Board's decision is issued later. The Medical Board shall determine the continuity of the need of the assistance of others. The allowance shall become final if the need thereof continues to exist until the contributor attains sixty five years of age. 

ARTICLE (11)
For the purposes of application of the provisions of paragraph 6(a) and (7) of Article (39) of the Law, due regard shall be given to the following: 
1.The previous wage shall mean the contributor’s full contributory wage due for the last month of his contribution period or his full contributory wage preceding the date of establishment of his non-occupational disability whichever is greater. 
2. The contributor shall not be deemed disabled if his disability is caused by suffering an infirmity or contracting a disease prior to the date of his actual registration with the Organization unless the appropriate Medical Board has discovered that the infirmity or disease has, after that date, deteriorated, which deterioration has resulted in a drop in the percentage of his incapacitation for work. 
3.If a recipient of a non-occupational disability pension resumed work with any wage, his case shall be presented to the appropriate Medical Boards for consideration. However, if the appropriate Medical Board considers that the recipient of a non-occupational disability pension is cured, his pension shall be suspended, and if it considers that the work which he resumed is not harmful to his health, he shall be treated the same as the recipient of a retirement pension who resumed work under the Law in accordance with the provisions of paragraph (4) of Article (38) of the Law. However, if the Medical Board considers that the work which the contributor resumed may affect his health, he shall be asked to leave the work and if he failed to comply, his full pension shall be suspended.

ARTICLE (12)
For the purposes of application of the provisions of paragraph (1) of Article (40) of the Law, due regard shall be given to the following: 
1. In the event of the death of a compulsorily contributor while he is in an employment covered under the Law, irrespective of his age, and the contributor has had a contribution period of not less than three consecutive months or six non-consecutive months following the completion of formalities for his actual registration with the Organization, his family members shall be entitled to heirs pension with effect from the beginning of the month immediately following the date of death. Such pension shall be computed in the same method as the non-occupational disability pension amount is computed. 
2. In the event of the death of a contributor after leaving an employment covered under the Law, his family members shall be deserved the retirement pension which shall be paid with effect from the beginning of the month immediately following date of death, if he has completed ten years of actual contribution or has completed the same by adding the credited period provided for in paragraph (2) of Article (38) of the Law. In the latter case, the amount of the contributions due for the credited period shall be deducted from the accumulated pension payable to the deceased contributor prior to having it distributed between the family members; then one quarter of the pension share of each eligible family member will be deducted until the due amount is fully settled. 

ARTICLE (13)
1.For the purposes of application of the provisions of paragraph (1) of Article (41) of the Law, the entitlement to the lump sum compensation at age sixty shall arise if the contributor has left the employment covered under the Law. 
2.For the purposes of application of the provisions of paragraph (2) of Article (41) of the Law, the amount of compensation due shall wholly be divided among the family members on equal basis. Where only one eligible member is available, the total amount of compensation shall be paid to him. 
3.For the purposes of application of the provisions of paragraph 3(a) of Article (41) of the Law, the lump sum compensation may be paid to the contributor who moves to another employment covered under the Civil or Military Retirement Scheme without having to wait until he attains sixty years of age, provided that his period of contribution under the Social Insurance Scheme is less than one year. 
4.For the purposes of application of the provisions of paragraph 3(c) of Article (41) of the Law, the contributor may claim payment of the lump sum compensation without waiting until he attains sixty years of age in the following cases in addition to the cases provided for in paragraph (3) of the said Article: 
a.If he is engaged in arduous or unhealthy occupations in accordance with the provisions and conditions in paragraph (3) of Article (4) of these Regulations. 
b.If he is sentenced by virtue of a judicial decision or an order issued by the authorized person for a term of imprisonment of five years or over, in which case the amount of compensation shall be paid to him in accordance with the provisions of paragraph (3) of Article (5) of these Regulations. 
c.If the contributor is deprived of his Saudi citizenship.

ARTICLE (14)
1. For the purposes of application of the provisions of paragraph (4) of Article (41) of the Law, the contributor may, in any of the following two cases, repay the lump sum compensation he has already received for a former contribution period in order to be credited to his contribution account: 
a.The contributor who has been in an employment covered under the Law on the date the Law is put into effect and has received lump sum compensation under the old Law, may express his wish to re-include the relevant contribution period provided that he repays the compensation amount in full in one payment within one year from that date. However, if such re-inclusion does not render the contributor qualified for pension when his contribution to the Scheme is terminated thereafter, the re-included period shall be deleted and the contributor shall be refunded the compensation previously repaid by him. 
b.The contributor who subsequently resumes employment and has already received lump sum compensation under the new Law may express his wish to re-include the relevant period, provided that he repays the compensation amount in full in one payment within one year with effect from the date of his re-employment.
2.If the contributor, who is entitled to the lump sum compensation, resumes an employment covered under the Law prior to payment of the said compensation, payment of such compensation shall not be effective, and the period of his new employment shall be added to his previous period of contribution in the computation of the total period of contribution, and his entitlement shall, upon termination of his contribution, be readjusted on this basis.

ARTICLE (15)
1.For the purposes of application of the provisions of paragraph (1) of Article (54) of the Law, if the contributor willfully injures himself or commits a criminal act causing contingency but remains alive, he shall not be entitled to the benefits provided for in the Law, but if he dies as a result thereof, his family members shall be entitled to the benefits payable under the Law. 
2.For the purposes of application of the provisions of paragraph (1) of Article (55) of the Law, the pensions payable during the term of imprisonment of the contributor shall be paid to his family members in accordance with the provisions of paragraph (3) of Article (5) of these Regulations. 

ARTICLE (16)
For the purposes of application of the provisions of Article (58) of the Law, due regard shall be given to the following: 
1.There shall be submitted an official document satisfactory to the Organization, evidencing the missing of the contributor in an incident that is almost fatal within or outside the Kingdom. 
2.Where the Organization is not satisfied that the incident causing the missing of the contributor has not been almost fatal, any of his family members or whom it may concern may submit to the competent court a request for issuance of an order whereby the missing person is considered as dead in accordance with the provisions of the Shariah Law, in which case the Organization shall be liable to execute the ensuing order. 
3.The provisions of this Article shall also be applied to the case of missing of any of the family members who are eligible for pension, if the same is intended to re-distribute his share among the remaining eligible members. 
4.The absent contributor shall be treated as the missing contributor if a judicial decision on his absence is issued. 

ARTICLE (17)
1.For the purposes of application of the provisions of Article (66) of the Law, if a contributor covered under the old Law continues to be covered until the date on which the new Law is put into effect and his contributory wage has dropped as a result of excluding some allowances from the contributory wage elements pursuant to the provision of paragraph 1(a) of Article (19) of the Law or consequent to restriction to the maximum contributory wage provided for in paragraph 1(b) of the said Article, and the total of his two contribution periods under the two Laws reaches the level required to give him the right to receive a pension, his pension shall be adjusted by one of the following two methods, whichever is better for him: 
a.The pension payable for the total of his former and subsequent contribution periods shall be computed in accordance with the provisions of paragraphs (b), (c) and (d) of Article (7) of these Regulations on the basis of the average contributory wage in the last two years of his contribution period. 
b. A separate pension shall be awarded for his contribution period completed under the old Law regardless how small it is. This pension shall be computed in accordance with the provisions of paragraphs (c) and (d) of Article (7) of these Regulations and on the basis of the average contributory wage in the last two years of the said period or the average wage for the said period if less than two years. There shall be added another separate pension for the subsequent contribution period completed under the new Law regardless how small it is, and such pension shall be computed on the basis of the average contributory wage in the last two years of this period or the average wage for the entire said period if it is less than two years, with due regard to the provision of paragraph (b) of Article (7) of these Regulations.
Provided always, the number of periods to be deemed as separate shall not be more than two periods of which the first is the one completed before the effective date of the new Law and the second is the one completed thereafter. 
2. If the contributor referred to in the preceding paragraph is entitled to a lump sum compensation under paragraph (1) of Article (41) of the Law, such compensation shall, with due regard to the rates provided for in the said paragraph of the Law, be computed in either one of the following two methods whichever is better for him: 
a.To compute the compensation for both periods on the basis of the average monthly contributory wage in the last two years of the last period. 
To compute the compensation for each period separately on the basis of the average monthly contributory wage in the last two years of the respective period or the average wage in the entire period if it is less than two years.

ARTICLE (18)
1.For the purposes of application of the provisions of paragraph (4) of Article (4) and paragraph (4) of Article (8) of the Law, the voluntarily contributor shall be subject to all the provisions of the Law that are not contradictory to his status as voluntarily contributor save where a special provision is set out therefore, with due regard to the following: 
a.The monthly income elected by the voluntarily contributor from among the income categories included in Schedule No. (1) attached to the Law shall be correspondent to the monthly contributory wage in respect of the compulsorily contributor, and the benefits entitled to him shall be computed with due regard thereto. 
b.One contribution month shall be recorded in favour of the voluntarily contributor against every month for which he has paid full contribution. 
c.For the purposes of application of the previsions of paragraph (4) of Article (43) of the Law, the provisions of paragraph (2) of Article (19) and paragraph 3(c) of Article (38) of the Law shall not be applied to the voluntarily contributor in accordance with the provisions of paragraph (4) of Article (4) of the Law. 
2. In cases where the voluntarily contributor elects an income category exceeding his last wage in his compulsory coverage by more than 10% or exceeding a category higher than such percentage (if the percentage falls between two categories), the benefit payable to him for his compulsory contribution period shall be computed on the grounds that it is an independent period, although it shall be taken into consideration upon the determination of the kind of benefit (pension or lump sum compensation, as applicable) due to him for the total contribution periods. 
3.If the voluntarily contributor is entitled to pension for his compulsory contribution period, he shall be treated in accordance with the provisions of paragraph (4) of Article (38) of the Law, without prejudice to the provision of the preceding paragraph (2). 
4.The voluntarily contributor may not claim payment of pension by reason of attaining sixty or more years of age unless his actual contribution period preceding the discontinuation of his coverage is of the level that gives him the right to receive a pension under the provisions of paragraph 1(a) of Article (38) of the Law, with due regard to the provision of paragraph (5) of Article (19) of these Regulations. 

ARTICLE (19)

"In the application of the provisions of articles (39) and (40) of the regulations, the subscriber shall be treated optionally as a person who has experienced disability or death while being at the work subject to the regulations if he has paid the full contributions due for the period up to the end of the month preceding the month in which the disability or death occurred. Provided that the payment has already been made before that, and it is considered as such if he has already paid the full contributions due for the period prior to that month, provided that he has already paid the full contributions due for the period prior to that month, provided that this condition is not met, the subscriber shall be treated as a person who has death after leaving the regulated work".

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 the sons considered deemed to be legally incapacitated if, upon the death of the contributor, they were over sixty years of age and unemployed. 
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 Governor shall determine the provisions and documents necessary to prove dependency. 

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.
ARTICLE (26)
1.The Governor shall determine such documents as may be required for the payment of benefits. He may, for example, rely on the data produced by the computer of the Organization and the relevant microfilm copies for the purposes of payment of entitlements to the contributors and their family members, in which case such data and copies shall be deemed to be sufficient documents for payment. The Governor shall also determine the forms required to be adopted. He may except from using such forms or replace them with alternative forms so long as that better serves the Organization work system, particularly the automated methods of benefit payments.
2.The employer shall, upon termination of the service of a contributor, notify the appropriate office of the Organization of the termination of service and the date and reason of termination, within the first fifteen days of the month immediately following the month of termination of his service in accordance with such format as may be determined by the Governor. 
3. The application for payment of benefits due under the Law shall be submitted by the contributor or his family members, as applicable, to the nearest office on such form as may be determined by the Governor, and the required documents shall be associated therewith. The office shall contact the beneficiaries to complete any missing and to request the help of the employer in contacting them, if necessary. 

ARTICLE (27)
The Organization shall take such measures the necessary means and procedures to ensure the rapid assessment and disbursement of pensions and indemnities due on time. 
 
ARTICLE (28)
The eligible survivors of the contributor shall, in the event of their entitlement to the survivors' pension or lump sum compensation under the provisions of Articles (40) and (41) of the Law, attach the following documents to the application for payment: 
a. Certificate of death of the contributor or an official document acceptable to the Organization specifying the date of death. 
b. An officially certified document listing the names and ages of the beneficiaries. 
c.The marriage contract of the contributor’s widow or widows, if available, or any other official document to this effect. 
d. A document, stating that the deceased contributor was, at the time of his death, supporting the family member applying for payment, in the manner described in Article (21) of these Regulations, and such document shall not be required in respect of the widow, sons and daughters. 
e. A document, acceptable to the Organization, indicating the regular enrollment in educational or vocational institution of the sons, grandsons and brothers whose ages exceed twenty one years at the commencement of entitlement or thereafter, and such document shall be renewed annually until the completion of study or attainment of twenty six years of age whichever is earlier, or medical reports confirming their earning incapacity, as applicable, shall be submitted for presentation to the Medical Board for determining the state of disability. 
f. An official document evidencing that the widower, father or grandfather has attained sixty or more years of age and is unemployed, but if he is under that age he shall submit a medical certificate confirming his earning incapacity for presentation to the Medical Board to determine the state of incapacitation. 
g. Such other documents as the Governor may deem necessary to be attached to the application for payment. 

ARTICLE (29)
1. The pension share shall be paid to the respective beneficiary if they have obtained the National ID Card. 
2. The pension share of the minor or the incompetent person shall be paid to his guardian or custodian designated by a legal document explicitly stating that the guardian or custodian is authorized to receive the pension, and such document may be submitted at any time so long as the entitlement to pension exists. 
3. In case of failure to submit the document provided for in the preceding paragraph together with the other documents required for payment, the appropriate office shall pay the share of the minor or incompetent person to the person living with him if he is the father, the grandfather, the mother or the most matured of his brothers, as indicated in the documents, until a legal document designating a guardian or custodian is submitted to the office, in which case the relevant payment shall accordingly be made with effect from the pension of the month next to the date on which the said document is submitted.  

ARTICLE (30)
Without prejudice to the provisions of the preceding Article, if the applicant for payment is a guardian, custodian or an agent of the recipient of a pension or compensation or of his eligible family members, the applicant shall attach to the application for payment: 
a. A power of attorney issued by the appropriate authority or a power of attorney to be prepared by the proxy before the competent employee and approved by the Office Director, and the power of attorney in both cases shall be renewed in regular intervals to be determined by the Governor. 
and the power of attorney for overseas pension payment shall be accepted in respect of pensions payable to Saudis only.  
b. Or the decision appointing him as guardian, custodian or agent of an absentee, as applicable.  

ARTICLE (31)
The recipient of a pension or compensation or any of his eligible family members shall indicate, in the application for payment, the method of payment to be chosen from such methods as may be specified by the Organization. Likewise, the beneficiary may, for reasons acceptable to the Organization, request that the method of payment of the periodical benefits be changed for subsequent months, provided that the pensions or other benefits shall be paid within the Kingdom. Nevertheless, the Governor may, in such exceptional cases as he may determine, accept to have payment made outside the Kingdom in accordance with the procedures and conditions to be determined by him. 

ARTICLE (32)
The Organization shall notify the beneficiary of all the particulars related to the pension or compensation due to him, the amounts withheld, if any, the net amount due for payment, the agency through which payment will be made, and the conditions under which such payment shall continue to be made. 

ARTICLE (33)
1. Entitlement to pension shall take effect on and from the beginning of the month immediately following the month in which the condition qualifying for entitlement arises, and pension shall be paid in advance with effect from the said date. 
Nevertheless, by decision of the Governor, the time of payment may be made earlier, if he deems such arrangement is suitable. 
2. Entitlement to pension shall be terminated at the end of the last day of the month in which the incident required for termination of entitlement has arisen. 
3. For the purposes of application of the provisions of paragraphs (1) and (2) of this Article, the month which is considered for the entitlement and termination to the pension -according to this regulation -, shall be the month accordance with the Gregorian calendar.
4. The pension payable - according to this regulation - shall be paid in accordance with the Gregorian calendar. Periods of periodic disbursement of pensions shall not exceed the first week of each month of the same calendar.
The Governor may advance the date of disbursement in cases he deems appropriate.
 
ARTICLE (34)
In agreement with the paying agencies, the Governor shall determine the period during which the benefits shall continue to be payable by the said agencies and the dates on which unpaid benefits shall be returned to the Organization. The Governor shall, by decision, regulate the cases in which payment shall be made by the offices of the Organization. 

ARTICLE (35)
1. The pensioner or his eligible family member shall notify the appropriate office of any change affecting his entitlement to pension, particularly if he is engaged in paid work. If he fails to do so, or refrains from providing the office with the information it requires or provides erroneous information, or fails to respond to the date specified by the office, or if the office has any doubt in respect of the submitted documents, the office Director shall have the right to suspend payment of all or part of the pension until it is ascertained that the beneficiary is entitled to the payment. When, payment to the beneficiary shall be resumed without prejudice to the provisions of the next paragraph and the provisions of Article (39) of these Regulations. 
2.The pensioner or his eligible family members or their representative by Law or by agreement, shall submit to the Organization on the dates determined by the Governor a declaration signed by two witnesses on such form as may be determined by the Governor for this purpose to prove that they still meet the conditions qualifying for the pension or to be signed by the pensioner or his eligible family members, as applicable, before the competent official. Payment of the pension shall be suspended in case of failure to submit the said form on the fixed date, and it shall be resumed only after the form is submitted so long as the conditions for entitlement to pension are still fulfilled. 
Before suspending payment, the Governor may give the applicant for payment a grace period for submitting the said declaration. The periods provided for in Article (57) of the Law shall become applicable upon the expiry of the said grace period, with due regard to the rules provided for in Article (40) of these Regulations. 

ARTICLE (36)
The recipient of a non-occupational disability pension shall report to the appropriate Medical Board for medical re-examination on the dates fixed by the Board to establish that his state of disability continues. If, without a reason acceptable to the Office Director, he refuses to submit himself to such medical examination, the payment of pension shall be suspended until he submits himself to the medical examination. When, payment of his pension shall be resumed without prejudice to the provisions of Article (40) of these Regulations. This provision shall also be applied to any of the family members qualifying for pension as a result of the earning incapacity.
ARTICLE (37)
With due regard to the provisions of Article (48) of the Law and Article (25) of the Registration and Contribution Regulations, the age shall, for the purposes of entitlement to benefits, be determined in accordance with the Hijrah calendar. However, if the date of birth is indicated in Gregorian, the corresponding date in Hijrah shall be taken. In case the day and month of birth are not specified, the date of birth shall be the first day of the seventh month of the Hijrah or Gregorian calendar year of birth, as applicable. 

ARTICLE (38)
The combination of two or more benefits payable under the Law or the combination of a benefit with the wage shall be within the following limits and terms: 
1.The contributor may combine both the benefit and the pension payable to him as a contributor but within the limits provided for in paragraph 3(a) of Article (55) of the Law. The total amount that is accordingly payable to him shall be the amount distributable among his family members after his death. 
2.The contributor or his eligible family members, as applicable, may combine the lump sum compensation payable under the Occupational Hazards Branch with the benefits payable under the Annuities Branch. He or they may also combine the lump sum compensation payable under the Annuities Branch with the benefits payable under the Occupational Hazards Branch. 
3.The sons and daughters may combine their pension or benefit share payable in respect of their father with that payable in respect of their mother. 
4.The grandsons and granddaughters may combine their monthly benefit or pension payable in respect of the contributor with that payable in respect of their father or mother. 
5.The widow may combine the benefit or pension payable in respect of herself with that payable in respect of her husband, and the same provision shall be applied to the qualifying widower. 
6."A family member who is entitled to a pension combines the pensions and the earnings due to him - whether as a family member only or as a family member and also a subscriber - if he is one of the disabled persons mentioned in Article (20) of this regulation".
7. In cases other than those provided for in the preceding paragraphs, if a person qualifies for more than one pension or a pension and benefit under the provisions of the Law, he shall only be paid the higher between them. However, if the higher benefit or pension is less than SR 3,000 (three thousand Saudi Riyals), he shall be paid from the amount of the other benefit or pension such portion as may make up his total amount to reach the said maximum. 
8.The widow shall combine her benefit or pension share payable in respect of her contributor husband with her work income. 
9. "If any of the eligible family members - with the exception of the widow of the subscriber-receives income from work, the disbursement of his share of the pension or benefit shall be stopped, and as an exception to this, he has the right to combine his share of the pension or benefit with his income from work within the limits of (3000) three thousand riyals".
10. For the purposes of application of the provisions of paragraph 3(d) of Article (55) of the Law, each family member may combine more than one grant payable under Article (51) of the Law in respect of more than one contributor. 
11.The foregoing provisions shall not prejudice the provisions of the Occupational Hazards Branch Benefits Regulations related to the cases and limits of combination of the daily allowance with other benefits.
 
ARTICLE (39)
The Organization may in all cases recover the pensions or compensations whatsoever received by the contributor or any of his eligible heirs in excess of the sum he is entitled to under the Law by withholding the excess amount of other amounts which may be due to him from the Organization. If no amount is so due, he will be claimed to repay the same by statutory methods, with due regard to the following provisions:
1.Without prejudice to the provisions of paragraph (2) of this Article, if the excess amount is paid in the form of a pension or any other form of payment regularly made to the contributor or to his eligible survivors, it shall be rectified and recovered by deducting the same from the amount accumulated for the contributor or his eligible survivors, as applicable, or from his/their monthly entitlements by monthly installments not exceeding 10% of the monthly payment or otherwise at a higher rate not exceeding 25% monthly as agreed by the beneficiary. 
2.If the excess payment is made to an eligible survivor of the contributor for whose entitlements are still available with the Organization, the excess amount shall be recovered from his share without claiming the remaining survivors to repay except within the limits redistributed to them in case of termination of his eligibility for benefit. 
3.If the excess payment is caused as a result of incorrect information provided by the contributor or one of his eligible survivors or the one who acts on their behalf, the Organization may apply thereto the provisions of Article (62) of the Law as well as require him/them to repay the excess payment. 
4.In cases where the Organization fails to recover the excess payment, the Governor may claim the causing official(s) for payment of the same, if it is established by investigation that they have not showed the caution expected from the ordinary official. 
5.The Governor may, for justifiable reasons determined by him, disregard recovery of excess payment in cases where there are no other amounts due from the Organization to the contributor or his eligible survivors to which a deduction can be applied. 

ARTICLE (40)
For the purposes of application of the provisions of Article (57) of the Law, claims for transportation and lodging allowances and decedent's family grant shall not be accepted after the expiry of one year, and claims for the remaining benefits shall not be accepted after the expiry of five years from the date on which the entitlement to benefit arises, unless there is an excuse acceptable to the Governor, with due regard to the following rules: 
1.The application for payment submitted by one of the beneficiaries shall interrupt the prescribed period in respect of the remaining beneficiaries who have not applied for payment of their entitlements. 
2.The application submitted for payment of any kind of benefits shall be deemed an application for payment of the remaining benefits due. Likewise, the application submitted by a contributor for establishment of his non-occupational disability shall be deemed an application for payment of entitlements due under the Law and these Regulations. 
3.If the application for payment is submitted as provided for in the preceding two paragraphs with complete address and paying agencies shown therein, and such application is received within the time limit prescribed in Article (57) of the Law, the entitlement to pension shall remain valid until the beneficiary receives his first pension from the Organization notwithstanding that the completion of documents and information may be delayed. However, in case of an application with incomplete documents and information, the Organization shall endeavor to contact the beneficiary by using all available means of communication, including advertising in the information media and approaching the employer and the beneficiaries' relatives if known to the Organization, in which case the time limit provided for in Article (57) of the Law shall restart on and from the date of the first letter issued by the Organization for the completion of the required documents and information. 
4.As for the regular pensions due after the payment of the first pension, the provisions of Article (57) of the Law shall be applied to each such pensions, should the beneficiary fail to apply for payment thereof. 
5.If the application for payment is submitted to the Organization as provided for earlier after the lapse of the time limit prescribed in Article (57) of the Law, and the Organization accepts the excuse for delay, the Organization shall pay to the beneficiary his full entitlements due with effect from the date on which such entitlement arises. However, if the Organization refuses his excuse, it shall pay the monthly pension with effect from the pensionable month in which the application is submitted in addition to the pensions payable for the past twelve months. 
6.The provisions of this Article shall not prejudice the time limit prescribed for presentation of the non-occupational disability case to the Medical Board to establish the state of disability provided for in paragraph (2) of Article (39) of the Law. 

ARTICLE (41)
For the purposes of application of the provisions of Article (61) of the Law, the contributor or his eligible survivors, as applicable, shall have the right to appeal to any decision issued by any agency of the Organization in connection with entitlement to or method of computation of benefits. The submittal and hearing of appeals shall be done in accordance with the detailed provisions set forth in the Registration and Contribution Regulations.
 
ARTICLE (41) repeated 
The Governor may compel any of the addressees to the provisions of this regulation to deal with the Organization electronically.
 
ARTICLE (42)
For the purposes of application of the provisions of Article (67) of the Law, the following rules shall be applied:
1.a The old age pensions and the non-occupational disability pensions payable to the contributor under the old Law and continue to be payable on the effective date of the new Law shall be raised to SR 1,500 (one thousand five hundred Saudi Riyals) if they are less than such amount, with due regard to the provisions of paragraph (d) of Article (7) of these Regulations, as regards the family allowance.  
b. The allowance for the need for assistance of others payable to the recipients of non-occupational disability pension provided for in paragraph (a) shall be reassessed on the basis of the pension after it is raised to the minimum limit.  
2. The pension shares of the family members payable under the old Law and continue to be payable on the date the new Law is put into effect, shall be revised by having their deceased breadwinner's pension amount raised to SR 1,500 (one thousand five hundred Saudi Riyals), if it is less. If, after such raise, the share of any family member is less than SR 300 (three hundred Saudi Riyals) per month, it shall be raised to that 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) per month or the average wage taken as a basis for the computation of the breadwinner's pension, whichever is greater.  
3. The provisions of the preceding two paragraphs shall be applied to the Saudi contributor and their family members as well as to the non-Saudi contributor and their family members who receive their pensions within the Kingdom, provided that they have permanent residence permit. 
4. The provisions of the preceding paragraphs shall be applied with effect from the beginning of the month immediately following the date on which the new Law is put into effect. 

ARTICLE (43)
For the purposes of application of the provisions of paragraph (2) of Article (69) of the Law, the following rules shall be applied: 
1.The provisions of the new Law shall be applied to any new incident arises under the new Law and affects the entitlements of contributor who have ended their period of contribution and qualified for pension under the old Law and the entitlements of their family members, for example where the pensioner is deceased or re-engaged in an employment covered under the Law or the widow, daughter, granddaughter or sister is divorced or widowed or the sons and brothers are past the age qualifying for pension, with due regard to the provisions of the next paragraphs: 
2.The family members' pensions payable under the old Law and continue to be payable on the date the new Law is put into effect shall remain subject to the provisions of the old Law for the purposes of identifying the family members who are eligible for pension, their pension distribution percentages, and re-instatement of the cancelled shares of the other members. As an exception to this provision, the Governor may include any of the new eligible family members added under the new Law such as the widower, grandfather, grandmother, the contributor’s grandsons and granddaughters whose father died during the lifetime of the contributor and the divorced or widowed daughters, sisters and other survivors provided for in the new Law, and grant them shares of the contributor’s pension, in cases where the breadwinner's pension has not been wholly distributed, and such shares shall be within the undistributed balance and on the basis of the percentages provided for in the old Law. 
3.The contributor whose period of contribution has been terminated prior to putting the new Law into effect and has not received the lawfully payable benefit for such period and is not qualified for pension under the old Law shall be entitled to receive a pension subject to the conditions and provisions set forth hereunder: 
3.1  The contributor who has completed a contribution period of at least 120 (one hundred twenty) months and has attained or exceeded age sixty before or after the Law is put into effect, shall be entitled to claim payment of a retirement pension. 
3.2 The contributor who has completed a contribution period of at least 300 (three hundred) months before the Law is put into effect, may claim payment of early retirement pension. 
3.3 The female contributor who has completed a contribution period of at least 120 (one hundred twenty) months and has attained or exceeded age sixty before or after the Law is put into effect may claim payment of retirement pension. 
3.4 The contributor who is engaged in arduous and unhealthy works and has completed a contribution period of at least 120 (one hundred twenty) months and has left employment before the Law is put into effect, may claim payment of retirement pensions subject to the same provisions of paragraph (3) of Article (4) of these Regulations. 
3.5  If the contributor is sentenced for a term of imprisonment, his family members may benefit from the retirement pension advantages in accordance with the provisions of Article (5) of these Regulations notwithstanding that the term of sentence is issued before and extends beyond the effective date of the Law or is issued after the effective date of the Law. 
3.6 The contributor who has attained age sixty or over before or after the Law is put into effect and has completed a contribution period of 60 (sixty) or more months but less than 120 (one hundred twenty) months, (or his family members in the event of his death) may claim to have credit periods in accordance with the provisions of Article (6) of these Regulations, so long as the other lawfully prescribed conditions are satisfied. 
3.7 The contributor who is afflicted with a non-occupational disability or dies before or after the new Law is put into effect, or his family members, as applicable, shall receive the respective pension payable under the old Law. However, in case of failure to satisfy the conditions qualifying for the said pension, he or they, as applicable, shall be paid the pension payable to the contributor who is afflicted with a non-occupational disability or dies after leaving employment, in accordance with the provisions of paragraph (2) of Article (39) or paragraph (1) of Article (40) of the new Law, as applicable, by inclusion of the credit period. 
4.1 The contributor who has received a lump sum compensation during the year immediately preceding the outset of the new Law as a result of his attainment of age sixty or over or his affliction with a non-occupational disability, shall be entitled to receive the retirement pension in the following two cases: 
a.If his contribution period is equivalent or exceeding 120 (one hundred twenty) months. 
b.If his contribution period is 60 (sixty) or more months but less than 120 (one hundred twenty) months, in which case he shall be credited a period to the extent that makes up 120 (one hundred twenty) months, in accordance with the provisions of Article (6) of these Regulations. 
In case the said contributor dies in 1421 H. or 1422 H., his family members may apply for benefiting from the provisions of this paragraph. The Governor is authorized to specify the supporting document evidencing that compensation has been paid in 1421 H. 
4.2  To benefit from the provisions of the preceding paragraph 4(1), the contributor or his family members shall repay the lump sum compensation that the contributor has already received, provided that repayment of the same shall be made in one payment within one year from the date on which the Law is put into effect or one year from the date of death of the contributor, as applicable. 
5.1 The pension payable in the above cases shall be computed on the basis provided for in the old Law with the allowance for the need for help of others and the allowance for dependants, as may be payable, added to it, without prejudice to the provisions of paragraphs (c) and (d) of Article (7) and paragraph (2) of Article (42) of these Regulations. 
5.2  As an exception of the provisions of the preceding paragraph, the pension for the credited period included under paragraphs 3(6) and 3(7) of this Article shall be assessed in accordance with the provisions of paragraph (b) of Article (7) of these Regulations. 
5.3 Save for the provisions of the preceding two paragraphs (5.1) and (5.2), the contributor and the family members, as applicable, shall be subject to all the provisions of the new Law including the provisions pertaining to the identification of the family members eligible for pension and their shares. 
6.The pensions payable in pursuance of the preceding paragraphs shall be entitled to with effect from the respective dates fixed as follows: 
a. With effect from the date of attaining age sixty, provided that the date of implementation of the Law has not come earlier, in respect of the pensions payable under the provisions of paragraph 3(1) of this Article. 
b. With effect from the beginning of the month immediately following the date of application for payment, in respect of the application for early retirement pension before attaining age sixty in accordance with the provisions of paragraphs 3(2), 3(3) and 3(4) unless the contributor has already attained age sixty in which case he shall be subject to the provisions of the preceding paragraph (a). 
c. With effect from the date of putting the Law into effect, in respect of the pension payable under the provisions of paragraph 3(5). 
d. With effect from the date of putting the Law into effect, in respect of the pension payable in accordance with the provisions of paragraph 3(6) for anyone who has attained age sixty or over before the Law is put into effect and with effect from the date on which he has attained the said age for the one who has attained it after the Law is put into effect. 
e.With effect from the beginning of the month immediately following such date as may be fixed by the Medical Board for the establishment of the disability, or from the beginning of the month immediately following the date of death, as applicable, in respect of the pensions payable in accordance with the provisions of paragraph 3(7). 
7.The female contributor who has not attained sixty years of age and has no access to pension in accordance with the provisions of the preceding paragraphs may file a claim for payment of the lump sum compensation she is entitled to. 
8. In all cases of entitlement to pension by those whose contribution period has been terminated prior to putting the new Law into effect under the provisions of this Article or the old Law, which pension becomes due after the date on which the new Law is put into effect or has not been paid by the said date, the average wage taken as a basis for the assessment of the pension shall be computed in accordance with the provisions of paragraph 3(c) of Article (38) of the Law. 
9.a  The provisions of Article (38) of these Regulations as regards combination of the pension with the benefit or pension or benefit with the wage shall be applied to those who have been entitled to pensions or benefits payable under the old Law and whose entitlement thereto has been discontinued because the provisions of that Law do not permit combination of benefits with benefits or benefits with wages. However, this provision shall take effect if an undistributed surplus of the pension or benefit is available, in which case the provisions of Article (38) of these Regulations shall be applicable within such surplus, provided that the application of the provisions of this paragraph shall not result in payment of any sums for the period preceding the effective date of the new Law.
9.b  Sons, grandsons and brothers who have been entitled to pensions or benefits under the old Law and payment of their entitlement has been discontinued due to attaining age 20 or age 25 (for students), payment of their entitlements shall be resumed until age 21 or age 26, as applicable, provided that an undistributed pension surplus is available and paid within the limit of the available surplus and that this will not result in payment of any amount for a period preceding the effective date of the new Law. The provisions of this paragraph shall exclusively be applied to the sons, grandsons and brothers who are Saudi nationals or non-Saudi nationals permanently residing in the Kingdom. 
The provisions of paragraph 4(a) of Article (38) of the new Law shall be applied to the pensioners who have resumed work covered under the old Law and whose payment of pension has been discontinued under the provisions of paragraph (4) of Article (38) of the old Law and remained discontinued until the effective date of the new Law, provided that this shall not result in payment of any sum for a period preceding the effective date of the new Law.