Law No. (6) of 1985 amending Law No. (43) of 1974 on the retirement of military personnel

Law No. (6) amending Law No. (43) of 1974

on the retirement of military personnel

The Commander-in-Chief of the Armed Forces

Upon review of:

• Law No. (40) of 1974 on service in the Armed Forces;
• Law No. (43) of 1974 on the retirement of military personnel;
• Law No. (5) of 1978 amending provisions of military laws;

issued the following law:

Article (1)

The following provisions shall replace Articles (23) and (26) of Law No. (43) of 1974 on the retirement of military personnel:

Article (23)

Beneficiaries of a martyr shall be eligible for a pension equal to his last salary, in addition to all the bonuses and benefits of his counterparts in service.

In the application of the provisions of this law, “martyr” shall refer to individuals who die because of war or military operations in the battlefield or because of an injury he suffers from during his transport from the battlefield or because of capture.

Article (26)

The provisions of Articles (23), (24), and (25) shall apply to those who die or are injured as a result of tactical exercises, tactical shooting, military operations, or performance of duty.

Such provisions shall apply to special cases where the Commander-in-Chief of the Armed Forces decides to implement them.

Article (2)

The dues of the beneficiaries of the law on military retirement shall be settled in accordance with the Holy Quran, which is the law for society. The table annexed to the aforementioned law on the retirement of military personnel shall be repealed.

Article (3)

The provisions hereof shall apply to all martyrdom cases that occurred before the issuance of this law provided that it does not entail disbursement of any financial discrepancies.

Article (4)

This law shall enter into force from its date of issuance, and any other provision shall be repealed.

Col. Muammar Gaddafi

Commander-in-Chief of the Armed Forces

Issued on 12 Jumada al-Thani 1394 FDP

Corresponding to 5 March 1985 AD