Jordanian
Armed Forces Act Law. 33 of 1959 replaced the Interim Jordanian Armed Forces Law
and its Amendments No. 29 of 1959 Article (1) This act may
be cited as the “Military Pension Act of 1959”and shall come into force on the
date of its publication in the Official Gazette. Article (2) The following
words and expressions, wherever used in this Act, shall have the meanings
hereunder assigned to them, unless the context otherwise provides: Foreign State means every country other than the Hashemite
Kingdom of Jordan. Armed Forces means ground, air and maritime forces. Officer
means anyone who has a rank issued by a royal decree, and it includes officer
cadet and warrant officer. individual means anyone whose rank is below that of an
officer. Salary
and Last Month Salary mean the monthly basic salary plus a
quarter of this salary and do not include allowances of any kind. Pensionable Service means service that is calculated under the
provisions hereof or any other law. Age
or Period means age or period depending on the solar year. When the year
is known and the date of birth is unknown, the date of birth is considered the
1st of January. Month
means one of twelve parts of the year. Day
means one of 30 parts of months. Military
Operations means armed engagement with the enemy by land, sea, air and
all internal security incidents and the resulting martyrdom, loss or capture,
or in other cases where the council of ministers decides to be at the level of military
operations. Martyr
means an officer or individual who dies because of hostilities on the
battlefield or dies of their injuries after being evacuated. Missing
means the officer or individual whose death or presence has not been officially
confirmed by the commander-in-chief. Article (3) a.
This law shall apply to Jordanian officers and individual
except those who have been serving under a contract that does not entitle them
to retire. b.
This law shall not apply to members of the
National Guard or to members of the reserve force when they are out of active
service, provided that the former service in the National Guard of officers and
personnel serving in the armed forces is calculated when this law comes into
force. The services of former civil defense personnel since 1956 shall be
considered a pensionable service. c.
The previous service of officers and individuals
working in the armed forces when this law comes into force shall be pensionable,
with pension revenues to be paid by 7% and on the basis of basic salary. d.
The services of individuals who join the
service after the law comes into force shall be pensionable.
e.
Despite paragraph (a) of this article, two
thirds of the unclassified period of services, contract or lump sum salary and
the entire national service spent by the officer, non-commissioned officer, individual
and classified employee in service during the passage of the provisions of this
Law shall be pensionable, except for reserve service, whether the services are
at the expense of the general budget or the budget of a governmental
institution or the Lore and Property Tax or overtime wages, provided that the
pension revenues are deducted on the basis of the salaries earned by the
employee during the last two thirds of those services, provided that all remuneration
and compensation previously disbursed to him/ her for these services are recovered
under any other law or regulation. f.
Notwithstanding the provisions hereof or any
other law, the provisions hereof shall not apply to individuals and officers
who join the Jordanian armed forces and security services after January 1, 2003, except in the following
cases: 1. Cases of
martyrdom, death or loss of the officer or individual stipulated hereof,
provided that all of which remains subject to its provisions, and the Social
Security Corporation shall pay their financial dues to the Ministry of Finance,
including the pensions due to them in accordance with the Social Security Law.
The provisions of this Law shall apply to the deceased cases occurring after
January 1, 2003, and if their rights are settled, and in all cases the best law
shall apply to heirs. 2. Cases where
officers or individual are deprived of all their pensional rights under the
provisions hereof, provided that the Social Security Corporation pays their
financial rights, including the pensions due to them in accordance with the
Social Security Law of the Ministry of Finance. Article (4) Pensionable service shall be calculated from
the date of entry of an officer or individual into the service of the armed
forces. The period spent by either of them in captivity shall be part of the
service period. Any previous service shall be pensionable under the provisions
of the Civil Pension Law in force, except for their service before reaching the
age of 16, and the provisions of this article shall be applied from the date
decided by the Council of Ministers. Article (5) Pension proceeds shall be deducted by 7% of the
basic salary of the officer and the individual. a.
Pension proceeds shall not be deducted from the
pensioners and their family members. b.
If any officer or individual in service at the
time of the law's entry into force chooses to calculate their prior services
from the date of 1 April 1954 at the rest of the ranks after retirement, he/ she
shall pay the pension proceeds of that service (if he/ she has not paid the same
percentage approved by the Minister of Finance, and the officer or individual
may not change his/ her mind). Article (6) a.
Retirement proceeds deducted from the salaries
of officers and individuals shall be credited as a revenue to the state and all
amounts achieved, shall be paid from the general budget under the Law. b.
As of the effective date of this law, the
balance of the military pension fund will be transferred to the public
treasury. Article (7) a.
The Council of Ministers may, upon a
recommendation of the Minister of Defense, refer to retirement any officer who
has served 16 pensionable years. b.
The Minister of Defense may, upon a
recommendation of the Commander-in-Chief of the Armed Forces, refer to
retirement any individual who has served a pensionable 16 years. c.
The period specified for referring the officer
or individual to retirement increases at the rate of six months per year, for
eight years from the effective date of the provisions of this amended law until
the period reaches 20 years. Article (8) a.
The Council of Ministers, on the basis of the
placement of the Minister of Defense, shall refer to retirement any officer who
has completed the age described below, provided that he/ she has completed a
minimum of 16 years of pensionable service: General 60 year Brigadier 55 year Colonel 52 year Lieutenant Colonel 50 year Major 48 year Captain and bellow 45 year b.
An officer who has completed the age assigned
in the previous paragraph and completed 20 years of pensionable service shall
have the right to retirement with the consent of the Minister of Defense, in
compliance with the requirements of the public interest. c.
Everyone with a pensionable service of 20 years
shall be entitled to retirement with the consent of the Commander-in-Chief of
the Armed Forces. d.
When an officer who is 60 or 40 years of age
completes a pensionable service, his/ her service must be terminated by a
decision of the Minister of Defense unless the Council of Ministers decides on
special reasons of public benefit - keeping him/ her in service. Article
(9) a.
The monthly pension of the officer who deserves
to retire, under the provisions hereof, shall be calculated on the basis of
multiplying the number of months of his/her acceptable service for retirement
in his/ her last salary and dividing the multiplication product by 360,
provided that the pension does not exceed his/ her last monthly salary. b.
The monthly pension of the individual who
deserves to retire, under the provisions hereof, shall be calculated on the
basis of multiplying the number of months of his/her acceptable service for
retirement in his/ her last salary and dividing the multiplication product by
280, provided that the pension allocated to him/ her does not exceed his/ her
last monthly salary. Article
(10) a.
If an officer’s service is terminated for the
completion of his/ her 60 years of age and his/ her pensionable service is 10
years or more, he/ she shall be given a pension calculated under the provisions
hereof, and if his/ her pensionable service is less than 10 years, the pension
proceeds deducted from his/ her salaries shall be returned to him/ her. b.
Considering the provisions of articles (29) and
(39) hereof, if the officer's service is terminated for any reason except
resignation and his/ her pensionable service is 16 years or more, the pension
shall be given under the provisions hereof, and if his/ her pensionable service
is reduced for 16 years, he/ she shall be given a severance pay of (12/1) of
his/ her last basic monthly salary for each month of his/ her service. c.
If the individual service is terminated for any
reason except resignation and his/ her pensionable service is 16 years or more,
a pension shall be given to him/ her, under the provisions of this law, and if
his/ her pensionable service is less than 16 years, he/ she shall be given a severance
pay of 1/12 of his/ her last basic monthly salary for each month of his/ her
service. Article
(11) a.
If an officer or individual in the course of
his/ her pensionable service fails to perform his/ her duties or similar duties
entrusted to him/ her by the government due to an accident, disease, or problem
that terminates the service, he/ she shall be given a retirement pension under
the provisions hereof if his/ her pensionable service is 10 years or more, and
if his/ her pensionable service for 10 years is reduced, he/ she shall be given
severance pay equivalent to 1/12 of his/ her last monthly salary for each full
month of his/ her pensionable service. b.
If the accident, disease, or problem mentioned
in the previous paragraph, takes place during the performance of the officer or
individual work by mistake, is also attributable to the nature of his/ her work
and supported by a report from the Supreme Medical Committee, he/ she shall be
given in addition to the pension or severance pay mentioned in the previous
paragraph a disability pension according to the following ratios: 1. 10/60 of his/
her last monthly salary if the ability to support himself/ herself has been
slightly disabled. 2. 20/60 of his/
her last monthly salary if the ability to support himself/ herself has been
partially disabled. 3. 30/60 of his/
her last monthly salary if the ability to support himself/ herself has been
severely disabled. 4. 40/60 of his/
her last monthly salary if the ability to support himself/ herself has been
completely disabled. c.
1. For the
purposes of this law, the Joint High Medical Committee shall be established by
decision of the Chairman of the Joint Chiefs of Staff and headed by a military
doctor of no less than a brigadier and the membership of a military a medical
specialist of no less than a colonel and three doctors from the Ministry of
Health, none of whom are less than the second, nominated by the Minister of
Health to this end and the committee shall make its decisions by a majority of
votes.
2. For the
purposes of assessing the degree of disability of officers, non-commissioned
officers and individual, the committee shall carry out its work in accordance
with the provisions of the military medical committees system in force. d. 2. Those with
ratification authority may return the decision issued by the High Joint Medical
Committee, for review on its own or at the written request of the relevant
person with a statement of the reasons for the review. 3. If the
authorized person is not satisfied with the decision that has been reviewed,
he/ she may decide on his/ her own or at the written request of the relevant
person to refer the matter to another medical committee, other than the members
of the committee that issued the decision, which is headed by a military doctor,
of at least the rank of brigadier, and the membership of two military medical
specialists, of at least the rank of colonel, and two doctors, of first degree,
from the Ministry of Health and its decision shall be considered conclusive. e.
1. The officer or individual
who is entitled to receive a disability pension shall appear for medical
examination before the Joint High Medical Committee at the place and time
specified by the Chairman of the Joint Chiefs of Staff or whenever asked to do
so, but not more than once every two years. 2. If the result
of the medical examination shows an improvement in the health of the officer or
individual, the committee shall take a decision to reduce the disability
pension in proportion to the decrease in the disability, taking into account
his/ her ability to support himself/ herself. If the medical committee finds
that his/ her health worsened due to previous disease, the committee shall
consider adjusting the classification in accordance with his/ her new
condition, provided that the injury is not caused by another cause after
retirement.
3. If the officer
or the Individual recovers from the illness, the disability pension shall be
abolished altogether. f. If the officer or the individual refuses to conduct a medical examination in accordance with the provisions of section (1) of paragraph (e) of this article, the disability pension shall be suspended by a decision of the Military Retirement Committee until he/ she has a medical examination so that the committee can make the necessary decision on this matter. g.
The pension in all cases of disability does not
exceed (500) dinars (five hundred dinars). Article (12) The following persons shall be considered the
family members of the deceased officer or individual, and shall be entitled to
a pension, severance pay or compensation under the provisions of this Law are: a.
Wife or wives. b.
Sons who have not completed their 17 years of
age and of those disabled or in need, regardless of their age. c.
Single girls, widows or divorced women. d.
Widowed or divorced mother. e.
The father provided that the deceased is single
or the sole breadwinner of his/ her father. Article (13) The pension allocated to the son shall be
deducted from the date of completion of the seventeenth year except in the
following cases: a.
If at the age of 17 he/ she continues to study
in a high school or college, he/ she shall continue to take a pension as long
as he/ she is a student or until the age of 25, whichever is earlier. b.
If his/ her ability to support himself/ herself
is completely or severely disabled by a decision of the High Medical Committee,
the decision shall be reviewed to ascertain the degree of disability at least
once every two years. Article (14) The pension shall be deducted from wives,
daughters and mothers when they get married and their entitlement is returned
if they are widowed or divorced. When they remarry, the salary is permanently
deducted. Girls and mothers who are married at the time of the death of their
father or son and do not benefit from the salary of their inheritance and then
become widows or divorced shall have their share from the date of widowhood or
divorce in accordance with the provisions of this law. Article (15) If the civil female
servant in the armed forces earns a pension for her services, her pension shall
not be deducted in the event of her marriage, and if she dies, her salary shall
be transferred to the beneficiaries in accordance with the provisions of this
law if their need is established and if it is also established that the
employee was directly responsible for supporting them. Article (16) a. If a retired officer or individual dies, (75 percent) seventy-five
percent of his pension she shall be assigned to his eligible heirs. b. The heirs of the pensioner do not benefit from the disability pension
allocated under this law. Article (17) Pensions, remunerations
or compensations to be paid under the provisions of this law shall be
distributed equally to eligible heirs. Article (18) If the officer or individual
whose wife or wives is/ are pregnant dies, the pension shall be redistributed
again after giving birth in accordance with the provisions of this law. Article (19) It shall not permitted
to combine two pensions and if a family member earns more than one pension, the
larger pension shall be allocated to him/ her. Article (20) If an officer or individual
dies while on duty, his/ her family shall be given a pension equivalent to 75%
of the pension he/ she is entitled to if he/ she survived, provided that at
least one third of his/ her last monthly salary is reduced if his/ her pensionable
service reaches 10 years and at least a quarter of his/ her last monthly salary
if his/ her term of service is reduced. Article (21) Any change that occurs to the beneficiaries of
the pension, whether by the death of one of them, by losing his/ her right to
it in any other way, or by restoring one of them the right to the pension that
has been suspended, the pensions shall be recalculated in accordance with the
provisions of this law. Article (22) a.
If a non-pilot officer or individual is killed
or dies due to damages that led to his/ her death as a result of his/ her job
and he/ she has not completed 10 years of pensionable service, one third of the
last monthly salary shall be allocated his/ her family, and if his/ her service
exceeds 10 years, half of the last monthly salary shall be allocated to him/
her family, and if the calculation shows that the salary the family deserves
under the provisions of this law is more than half, the larger pension shall be
allocated to it. b.
If a pilot officer is killed or dies due to
damages that led to his/ her death as a result of flying activities and within
his specialty and he/ she has not completed (20) years of pensionable service,
half of his/ her last salary shall be allocated to his/ her family and if his/
her service exceeds twenty years, a pension calculated under the provisions of
this law shall be allocated. c.
In addition to the pension allocated to the
family under the previous two paragraphs, a compensation equivalent to the
salaries and allowances of the officer or individual for a full year shall be
entitled on the basis of his/ her last monthly salary, provided that it is not
less than 300 dinars. Compensation shall be entitled in incidents of martyrdom
and death while the officer or individual is carrying out his/ her military
duty. d.
If the officer or individual is single or
married and has no children, a compensation shall be entitled to his legitimate
heirs under the sharia obligation. Article (23) a.
If the calculation shows that the monthly
salary earned by each family member under article 16 of this law is less than
one dinar each, each shall be allocated a minimum of one dinar per month,
provided that the pension allocated to the whole family does not exceed the
pension earned by their bequeather. b.
If the calculation shows that the monthly
salary earned by each family member under article 22 of this law is less than
one dinar each, each shall be allocated a minimum of one dinar per month,
provided that the pension allocated to the whole family does not exceed (75
percent) seventy-five percent of their last monthly bequeather's salary. Article (24) If an officer or individual who has recovered
the pension proceeds or has been paid a penalty under the provisions of this
law is reinstated, he/ she must return what he/ she has recovered or paid in
installments or in full, as approved by the Minister of Finance, otherwise his/
her previous service shall not be calculated, except for what was paid due to
disability. Article (25) In the
event that an officer has left the service before the law comes into force and
is then reused, his/ her prior pensionable service until the effective date of
this law shall be calculated in accordance with the laws that were in force
prior to its promulgation. Article (26) a.
If a retired officer or individual is reinstated
to service, his/ her pension shall be suspended from the date of his/ her
return and recalculated date of last service termination on the basis of the
addition of his/ her accepted pre-retirement services to his/ her subsequent
services, and the new calculation shall not reduce the previous pension
allocated to him/ her and all the periods between the date of retirement and
the date of return to service shall be added, provided that the period does not
exceed four years in each time. Only as much as 20 years of the intervals for
the officer shall be calculated, and no period of the interval periods
mentioned in this paragraph shall be calculated for the pensioner who returns
to service after 1 March 1981. b.
Except for the suspension of the pension, the
provisions of the previous paragraph shall not apply to retired reserve
reinforcement officers who are returned to service because of the declaration
of a state of emergency if their term of service is reduced for six consecutive
months, provided that at the end of their service they are paid a severance pay
equivalent to 20% of their monthly pension with allowances for the period they
have spent in that service. c.
The Ministry of Finance must be informed of
every retired officer or individual as soon as he/ she is reinstated to suspend
his/ her pension. Article (27) The provisions of this law shall not apply to
any pension, compensation, perks or pension proceeds allocated or rejected
under previous laws. Article (28) The Council of Ministers may decide to lend any
officer or individual to any entity if it considers that the public interest so
requires, and may specify the duration and conditions of the secondment, and
how the pension proceeds are paid in the treasury. The service he/ she spends
on secondment, as mentioned, shall be calculated as a pensionable service. Article (29) The officer or the individual shall be deprived
by a decision of the Council of Ministers of all pensional rights stipulated in
this law, whether in service or retired: a.
If he/ she enters the service of a foreign
country without the approval of the Council of Ministers. b.
If he moves his/ her place of residence outside
the Kingdom without the approval of the Council of Ministers or if he/ she
refuses to implement the decision of the Council of Ministers to change the
residence outside the Kingdom. c.
A share of the pension shall be returned to the
family of the officer or individual, as indicated in this law at the time of
his/ her death. Article (30) The officer or individual shall be denied all pensional
rights provided for in this Law, whether on duty or retired: a. If he/ she is
found guilty by a final judicial decision of a competent Jordanian court that
he/ she committed the crime of high treason or was engaged in acts of espionage
on behalf of a foreign state or committed any other crime that violates the
internal or external security of the state, provided that the pensional rights
are restored to any officer or individual who has been denied it because of
his/ her sentence for a crime against the internal security of the state in
case a law of amnesty is passed covering that crime. The
provisions of this paragraph shall apply to those covered by Amnesty Act No. 8
of 1965 and Amnesty Act No. 52 of 1973. b.
Any officer or individual in active duty has
been sentenced by a final decision from a competent Jordanian court to imprison
for the crime of embezzling or stealing state funds or for forgery of official
documents. c.
If he/ she joins any armed force without the
approval of the Council of Ministers upon a recommendation from the
commander-in-chief, director of public security or director of general
intelligence, each according to his competence. d.
If he/ she fails to report for active duty on
the basis of the Reinforcement Officers Act and the Reserve Force Act. e.
If he/ she is absent without leave (AWOL) or deserts
military service. f.
And - if it is found by a judicial decision of
a competent Jordanian court that he/ she is associated with any political party
or illegal association while in military service or while in the armed forces
as a reinforcement officer or reservist. g.
The family of the officer or individual in any
of the cases A, B, C, D, E, shall be entitled to their share of his/ her
pension as indicated in this law during his/ her imprisonment and shall be
suspended until release, and it shall be returned to it upon his death. Article (31) An officer or individual loses his pensional
rights under the provisions of this law if he/ she resigns. Article (32) A committee called the Military Retirement
Committee is formed in the Ministry of Finance as follows: a.
Two first-class employees in the Ministry of
Finance appointed by the Minister of Finance, one of whom shall be president. b.
An officer appointed by the Commander-in-Chief
of the Armed Forces. Article (33) The pensional rights stipulated in this law
shall be settled on the basis of written requests submitted by the rights
holders to the Commander-in-Chief of the Armed Forces. The Commander-in-Chief
or the officer who acts on his behalf of the rank of colonel and above shall submit
these requests with all documents to the Military Retirement Committee within a
period of one month from the right holder obtaining his/ her certificate of
out-processing (clearance) in the armed forces. Article (34) The Military Retirement Committee shall decide
the student's entitlement and the amount of pensional rights and the names of
those entitled in each case shall be determined. Article (35) The Chairman of the Military Pension Committee
shall duly inform both the applicant and the Minister of Finance (or his/ her
deputy in writing) of the committee's decision in writing. Article (36) If the applicant or the Minister of Finance (or
his/ her deputy) is not satisfied with the decision of the Military Retirement
Committee, he/ she may appeal the committee's decision to the High Court of
Justice within 30 days of the date of notification. Article (37) This law shall not affect all pensional rights
that have been settled or earned before the law comes into force and have not
been settled. Article (38) a.
If an officer or individual joins a pensional
job, the provisions of the Civil Retirement Act, his/ her service in the armed
forces at all levels shall be considered a pensionable service at a rate of
25/20 of that service and shall be added to his/ her civil pensionable service. b.
If an employee who was a member of the Civil
Pension Law is appointed to the armed forces, he/ she shall calculate his/ her
time in the civil service at a rate of 25/20 of that service and shall be added
to his/ her pensionable service in the service of the armed forces. Article (39) a.
The provisions of this law shall apply to
officers, public security personnel and their families. b.
The Minister of Interior shall acts as Minister
of Defense, and Director of Public Security acts as Chairman of the Joint
Chiefs of Staff of the Armed Forces provided for in this law for officers and
members of public security and their families. Article (40) The provisions of the Civil Pension Law shall
apply to the cases that are not contained in a special provision in this law. Article (41) The
Council of Ministers may issue, with the king's ratification, the necessary
regulations to implement the provisions of this law. Article (42) Military
Pension Law No. 8 of 1954 shall be repealed with all regulations issued thereunder,
except the schedules attached to the Jordanian Arab Army Pension Law No. 10 of
1944, and the provisions of any previous Jordanian or Palestinian laws shall be
repealed to the extent that they conflict with the provisions of this law. Article (43) The
prime minister and ministers shall be charged with implementing the provisions
of this law.