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Article 38

Last updated 09/23/2021 14:59 PM
The insured who is not entitled upon the termination of his service to a pension in accordance with the preceding provisions shall be granted a benefit in accordance with the provisions of the following Articles.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 37: As amended by Federal Law no.7 dated 15/2/2007

Last updated 09/23/2021 14:55 PM
1 - Should the payment of all the pension or a part thereof be discontinued with regards to one of the children of the pensioner for whatever reason, the sum thereof shall be transferred to the remaining children within the limits of the shares thereof prior to the increase thereof to the minimum amount due to the beneficiaries set forth in Article 24 herein. Should the reason of discontinuation cease, the pension of the said children shall be decreased by the value transferred thereto by reason of the said discontinuation.

2 - In the event of the inexistence of other beneficiaries, the unpaid sums of the children pension shall be transferred to the widow of the pensioner provided that the share in such case does not exceed three quarters of the pension, and the entire amount of the pension should there be several widows. Such sums shall be transferred in equal shares among them.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 36: As amended by Federal Law no.7 dated 15/2/2007

Last updated 09/23/2021 14:54 PM

With exception to the provisions related to the prohibition of combination of two pensions, or a pension and a salary, such combination may take place in the following cases:

 

1 - Cases of combination between two pensions or between a pension and a salary prior to the enforcement of the provisions hereof.

2 - If the sum of the two pensions or of the pension and the salary paid to the pensioner does not exceed 9.000 Dirhams, otherwise, should the sum exceed the said amount, his right shall be limited to the sum not exceeding such amount.

3 - If the pensioner had spent in the Governmental work for which he is entitled to a pension twenty five years or more, he may combine between such pension and any salary paid thereto from any party in the State in a periodical manner, regardless of their combined value, with the exception of the cases set forth in Clauses (6 and 11) of Article 16 herein, where the provision of Clause (2) of the present Article shall apply.

4 - If the pension is entitled to the widow of the pensioner, she shall be entitled to combine her salary from her work, or her pension with the pension entitled thereto from her husband.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 35: As amended by Federal Law no.7 dated 15/2/2007

Last updated 09/23/2021 14:51 PM
The pensioner may not combine two pensions from the Committee. Should he be entitled to two pensions, he shall receive the larger of the pensions. Furthermore, he may not combine between the pension and any other salary paid thereto in a periodical manner from any other party in the State. Should the salary be higher than the pension, the pension shall be suspended until the end of his second service. However, should the salary be less than the pension, he shall be granted the difference between the salary and the pension. The pension shall be repaid upon the end of the service thereof.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 34

Last updated 09/23/2021 14:49 PM
The mother shall be entitled to a share of the pension of her deceased son should she be widowed, divorced, should her husband depend on her deceased son for his living, and should she have no salary or pension.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 33

Last updated 09/23/2021 14:47 PM
The siblings shall be entitled to a share of the pension of the deceased should they depend thereon for their living. Such shall be proven in accordance with the rules set by the Committee. The entitlement to the pension shall be subject to the conditions and limits referred to in Articles 29 and 30 hereof.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 32

Last updated 09/23/2021 14:45 PM
The father shall be entitled to a share of the pension of his deceased son should he depend thereon for his living. Such shall be proven in accordance with the rules set by the Committee.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 31

Last updated 09/23/2021 14:43 PM
Should the daughter, sister, or mother be widowed or divorced, and should the son or brother be incapable of making a living after the death of the pensioner, and should they have no other salary or pension, each thereof shall be entitled to the same amount entitled thereto at the time of death of the pensioner, without prejudice to the rights of the remaining beneficiaries in the pension. In the event of the suspension or cessation of the pension of any thereof, it shall not be transferred to any other.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 30

Last updated 09/23/2021 14:40 PM
The pension of the widow shall be discontinued upon her marriage. The pension of the daughter or sister shall be discontinued upon her marriage, employment or practice of a profession. The pension shall be repaid to the daughter or sister should she be divorced, widowed and has no other salary, pension or job.

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CHAPTER FOUR: BENEFICIARIES AND CONDITIONS OF BENEFIT - Article 29

Last updated 09/23/2021 14:39 PM
The pension of the son shall be discontinued whenever he reaches 21 years of age. However, the payment of the pension thereto shall be carried on after having reached such age in the following cases:

1 - Should he be incapable of making a living and until the remedy of his disability.

Such disability shall be proven by virtue of a report from the competent medical committee, provided that the condition is reexamined every two years, unless the competent medical committee decides the improbability of his remedy.

2 - Should he be a student and until the employment thereof, or the practice thereby of a profession, or until he reaches twenty eight years of age, whichever is closer.

The payment of the pension to the student having reached the age of twenty eight shall be made during the academic year and until the end thereof.

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