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(No. 8) |
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DEFENCE ARMY OF ISRAEL (PERMANENT SERVICE) (BENEFITS)
(AMENDMENT No. 12) LAW, 5741-1980* |
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Amendment of section 4. |
1. In section 4 (a) of the Defence Army of Israel (Benefits) Law, 5714-1954(1) (hereinafter referred to as "the principal Law"), paragraph (3) shall be replaced by the following paragraph:
| "(3) his or her not self-supporting child, stepchild or adopted child, and a not self-supporting grandchild who was wholly dependent on him or her (hereinafter: "orphan"):". |
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Amendment of Section 13A. |
2. Section 13A of the principal Law shall be re-marked as section 13A (a) and the following subsection shall be added thereafter:
| "(b) Notwithstanding anything contained in subsection (a), where in a period of absence referred to in subsection (a) a soldier was employed in the State Service, the period of such employment shall be included in the calculation of the period of service if he proves to the satisfaction of the officer-in-charge that he has not received severance pay or other retirement grants and that he is not and will not be entitled to any benefit whatsoever in respect of his said period of employment other than the benefit he will receive under the provisions of this Law.". |
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Amendment of section 14. |
3. In section 14 (2) of the principal Law, the words "before the expiration of five years of permanent service" shall be deleted. |
| Amendment of section 21. |
4. In section 21 (b) of the principal Law, the following shall
be added at the end of paragraph (5):
| "Where the determining salary according to which the soldier's pension was calculated at the time of his first retirement was higher than the determining salary at the time of his retirement from the new service, the pension shall be calculated according to the higher determining salary.". |
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| Amendment of section 29. |
5. In section 29 of the principal Law -
- (1) the following subsection shall be inserted after subsection (b):
"(c) Subsection (b) shall, in respect of the following be read as if
the expression "70 per cent" were, in the two places in which it occurs, replaced by the expression "90 per cent":
- (1) a spouse entitled to a double benefit, one benefit being a survivor's pension, in consequence of the death of the other spouse, and the other a retirement pension;
- (2) a person entitled to a double benefit, one benefit being a retirement pension or a surviving spouse's pension and the other an employment injury pension under the National
Insurance Law (Consolidated Version), 5728-1968.";
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- (2) the old subsection (c) shall be re-marked as subsection (d) (1); the words "(in this section referred to as "the pension under the other Law") shall be inserted after the words "by reason of a pension reduced under some other Law", appearing therein, and the following paragraph shall be added thereafter:
"(2) where the pension under the other Law is a pension under the State Service (Benefits) Law (Consolidated Version). 5730-1970, and is payable out of the Treasury, the following special provisions shall apply:
- (a) paragraph (1), and section 32 of that Law, shall not apply;
- (b) the pension under that Law shall not exceed the amount by which the total amount which would be payable to a person entitled under subsections (b) and (c) but for the provisions of this paragraph exceeds the pension under this Law.";
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- (3) the old subsection (d) shall be re-marked as subsection (e).
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| Amendment of section 31. |
6. In section 31 (b) of the principal Law -
- (1) paragraph (2) shall be re-marked as paragraph (3) and the following paragraph shall be inserted before it:
"(2) Notwithstanding anything contained in paragraph (1) -
- (a) a person entitled to a retirement pension who is an employee in the service of the Defence Army of Israel and has reached the age of fifty-five years shall be paid a pension under paragraph (3);
- (b) where a person entitled to a retirement pension who is an employee in the service of the Defence Army of Israel has not reached the age of fifty-five years, his pension shall not be less than one third of the pension to which he would be entitled but for the provisions of paragraph (1), provided that a waiting-period has passed beginning with the date of his retirement on pension, being two years if he retires on pension before reaching the age of fifty years, and one year in every other case;";
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- (2) paragraph (5) is repealed.
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| Amendment of section 32. |
7. In section 32 of the principal Law, the following paragraph shall be added after paragraph (2):
| "(3) a child of the deceased and his spouse born after his father's death shall, for the purposes of the rights of the spouse under this section, be deemed to have been alive at the time of such death.". |
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| Replacement of section 33C. |
8. Section 33C of the principal Law shall be replaced by the following section:
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| "Gratuity instead of other benefits. |
33C.
- (a) Where a soldier dies after five years of permanent service, his survivors may, if the officer-in-charge is satisfied that it is to their advantage, instead of all the other benefits due to them under this Law, opt for the greater of the following two:
- (1) a gratuity under section 24, as if the soldier had served for less than five years;
- (2) a discharge gratuity in respect of the whole period of the soldier's service.
- (b) Subsection (a) (2) shall not apply to a survivor who, under section 30 (b), has opted for a benefit under the Rehabilitation Laws.".
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| Commencement. |
9. Section 4 shall have effect from the 21st Tevet, 5737 (1st January, 1977). |
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Transitional provision.
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10. This Law shall, in respect of the period from the date from which it has effect, apply also to a person who retired from the service before such date and to his survivors. |
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YIGAEL YADIN
Deputy Prime Minister
Acting Prime Minister |
YIGAEL YADIN
Deputy Prime Minister
Acting Minister of Defence |
YITZCHAK NAVON
President of the State |
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* Passed bv the Knesset on the 26th Cheshvan. 5741 (5th November. 1980)
and published in Sefer Ha-Chukkim No. 988 of the 3rd Kislev. 5741
(11th November, 1980), p. 16: the Bill and an Explanatory Note were published
in Hatza'ot Chok No. 1462 of 5740, p. 274.
- (1) Sefer Ha-Chukkim of 5714, p. 179 - LSI vol.
VIII, p. 149: Sefer Ha-Chukkim of 5738, p. 140 - LSI
vol. XXXII, p. 174.
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