قانون رقم (1) لسنة 2012 بشأن تقرير بعض الأحكام في شأن مرتبات العسكريين وتقاعدهم

Law No. (1) of 2012

on adopting some provisions

regarding military personnel and retirement

The National Transitional Council (NTC)

Upon review of:

• The Victory Statement of the 17 February Revolution issued on 22 February 2011;
• The Constitutional Declaration issued on 3 August 2011;
• Law No. (40) of 1974 regarding service in the armed forces, and its amendments;
• Law No. (43) of 1974 issuing the Military Personnel Retirement Law, and its amendments;
• The conclusions of the NTC in its session held on Sunday, 1/1/2012;

issued the following law:

Article (1)

The salaries of military personnel are the total financial compensation set for their military rank that they receive.

Article (2)

Deductions from the salaries of persons subject to the provisions of the Military Personnel Retirement Law shall be calculated on the basis of the total salary that is payable to the beneficiary monthly.

Article (3)

If the service of a military personnel beneficiary is terminated due to death or health-related incapacity resulting from disease, handicap, injury or total disability and such is not attributable to service, premeditation or misconduct, the beneficiary shall be entitled to a retirement pension equivalent to 80% of his salary, regardless of his term of service.

If the disability is partial, the beneficiary shall be granted a pension equivalent to 50% of his salary or a pension calculated in accordance with the provisions of Article (19), Paragraph (1) of the above-mentioned Military Personnel Retirement Law after adding three years to the term of service, whichever is greater.

Article (4)

The Ministry of Finance is responsible for settling the dues of the retirement fund from the differences of insurance contributions resulting from the implementation of this law for any military personnel who have reached retirement age.

Article (5)

This law shall entire into force from its date of issuance, any contrary provision shall be abolished and it shall be published in the Official Gazette.

Interim National Transitional Council - Libya

Issued in Tripoli

1/1/2012