We,

Preahbath Samdech Preah Norodom Sihanouk Varman Reach Harivong Uphato Sucheat Visothipong Akamohaborasrat Nikarodom Thammik Mohareacheathireach Boromaneat Boromabopit Preah Chau Krong Kampuchea Thipdey,

• having seen the 1993 Constitution of the Kingdom of Cambodia;
• having seen Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia,

the Council of Ministers having heard,

promulgate,

the law adopted by the National Assembly on October 28, 1994 on the Regime of Retirement and Disability Pensions of RCAF Personnel, the text of which is reproduced hereafter. 

Article 1:

There may be a claim to retirement by soldiers of both sexes of the RCAF that meets the following conditions:

(a) for men: must be 55 years old and have served the State for at least 20 years.

(b) for women: must be 50 years old and have served the State for at least 15 years. The duration of the service defined above necessarily includes 5 consecutive years in the service of the RCAF.

Article 2:

The soldiers of both sexes of the RCAF, which are able to make a claim for a retirement pension, are subject to the following regimes:

(a) Regime for minimum retirement pension:

1. the soldier who satisfies the conditions provided in Article 1 of this law or;
2. the soldier who served in difficult areas, under conditions dangerous or harmful to health, for a 10-year period for men and 8 years for women, for which the age limit and duration of the service of the State shall be reduced 5 years, or;
3. the soldier who served in difficult areas, under conditions dangerous or harmful to health, for a 12-year period for men and 9 years for women, for which the age limit shall be reduced 5 years, whatever the duration of the service of the State, or;
4. the soldier who served in difficult areas, conditions dangerous or harmful to health, for a 15-year period for men and 10 years for women, for which conditions of age and duration of the service provided for in Article 1 shall not apply, or:
5. the soldier who served in the RCAF for 20 years for men and 15 years for women, for whom the conditions of age and working life provided for in Article 1 shall not be applicable.

(b) Regime for maximum retirement pension:

1. for men, 55 years old and who have served in the RCAF for 20 years; for women, 50 years old and who have served in the RCAF for 15 years, or;
2. to be 50 years old and to have served in the RCAF in difficult areas, under conditions dangerous or harmful to health, for a 15-year period for men; for women, 45 years old and to have served in the RCAF in difficult areas, under conditions dangerous or harmful to health, for a 10-year period or;
3. to have the rank of General or a certificate of bravery in the RCAF and to meet the conditions provided in Article 2(a), or;
4. to be an amputee and to have served in the RCAF until retirement.

Article 3:

The calculation tables for the duration of service as well as the determination of difficult service areas, and of dangerous and harmful conditions to health mentioned in Articles 1 and 2, shall be established by anukret.

Article 4:

The soldiers of both sexes that do not meet the conditions provided for in Article 2(a) of this law, shall not be entitled to a retirement pension but to receive a single allowance of an amount equal to the last month's pay multiplied by the number of years of service. The amount of this allowance cannot be lower than the amount of pay for the last 6 months.

Article 5:

The retirement pension shall be fixed as follows:

1. The monthly amount of the minimum retirement pension shall be equal to 50% of the rank wages for the last month. That pension shall be increased by 2% per year of service from the 4th month after the beginning of military service or the 6th month after the beginning of State service. But the amount of the pension cannot exceed 80% of the maximum retirement pension.
2. The maximum retirement pension is equal to 80% of the rank wages during the last month.
3. The lowest retirement pension shall not be lower than the minimum rank wages of officers.
4. The soldier that carried out military service before 1970 or the holder of a certificate of bravery shall benefit from an increase of 20 % of the rank wages.
5. The soldier who carried out the military service before 1979 shall benefit from an increase of 15% of rank wages.
6. The soldier who serves in difficult areas, under conditions dangerous or harmful to health, shall benefit from an increase of 15% of rank wages.

Article 6:

Various additional regimes for retirement:

1. An additional pension shall be equal to the last 8 months of wages.
2. A soldier may request the carry-forward of his retirement from 6 to 12 months according to rank.
3. After retirement, if sick or wounded, a soldier may benefit from Social Security like other civil servants that are retired.

Article 7:

The soldiers of both sexes who are retired or disabled shall have the right to wear a RCAF uniform during various national Festivals. The cost of this uniform shall be an expense of the State budget.

Article 8:

The soldiers of both sexes that meet the conditions of retirement may prolong their service for one year, renewable, with their request and with the agreement of the qualified service.

The renewal of this prolongation of the service cannot exceed 5 years.  

Article 9:

Soldiers of both sexes that have work disabilities:

(a) because of a chronic disease, age or undergoing tests, but who are not amputees, are entitled to a disability pension if they served the State for at least 15 years for men and 10 years for women.

The duration of the above-defined service necessarily includes 5 consecutive years in the service of the RCAF before disability.

(b) the reason for service in difficult areas under conditions dangerous or harmful to health, whatever the duration in the service of the State, are entitled to a disability pension of one of the three following classes:

• 1st class: disability of more than 80%
• 2nd class: disability of more than 60 %
• 3rd class: disability of more than 40%

Article 10:

The precise conditions of the disability for each class shall be determined by anukret.

Article 1l:

The soldiers of both sexes of the RCAF which do not meet the conditions provided for in Article 9 of this law are not entitled to a State disability pension. In this case, an allowance equal to their pay multiplied by the number of years of service shall be granted in one payment by the State. But the amount of this allowance may not be lower than the amount of the last 6 months of pay.

Article 12:

The monthly disability pension is composed of two parts:

A monthly disability pension equal to 50% of the last rank wages shall be given to:

1. soldiers who satisfy the conditions provided in Article 9(a) of this law.
2. soldiers who served in difficult areas, under conditions dangerous or harmful to health, for a period of 10 years for men and 8 years for women.

The minimum monthly disability pension equal to 50 % of rank wages during the last month shall be increased by 1.5 % per year of service from the 4th year of military service or the 6th year of State service. But the lump sum cannot be higher than 60% of the disability pension.

The disability pension:

• The soldier having a 1st-class disability shall receive 100% of the last monthly rank wage.
• The soldier having a 2nd-class disability shall receive 80% of the last monthly rank wage.
• The soldier having a 3rd-class disability shall receive 60% of the last monthly rank wage.

The amount of the lowest disability pension may not be lower than 90% of the minimum rank wage of the officer.

The soldier having served in difficult areas, under conditions dangerous or harmful to health, shall benefit from an increase of 15% of his/her rank wages.

The soldier having a 1st-class disability shall receive an additional monthly allowance for the services of his house equal to the minimum wage and the allowance of a combatant.

The holder of a certificate of bravery from the RCAF shall receive an increase of 100% of rank wage.

Article 13:

Various the complementary regimes for the disabled soldier:

1. An allowance equal to the last 6 months of wages.
2. An assumption of responsibility, by the State center for the rehabilitation of disabled soldiers without support. In this case the interested party shall benefit only by 50% of the additional allowance.
3. An insurance plan in the event of disease or death equivalent to the pension plan of the soldiers.

Article 14:

After the death of a pensioner or disabled person, the State shall allocate to the family a sum equal to the pay or the allowance of the interested party multiplied by 12 months.

Article 15:

The retirement pension and the disability pension RCAF personnel shall come from the monthly allowances of the State equal to 6% of the rank wages of each soldier.

Article 16:

All provisions contrary to this law are hereby repealed.

Phnom Penh on October 28, 1994

In the name of His Majesty and His order

The Interim Head o f State

Chea Sim

For the Seal of the King

The First Prime Minister

Norodom Ranariddh

The Second Prime Minister

Hun Sen

For the Seal of the First and Second Prime Minister

Co-Ministers of Defense

Tea Banh Tea Chamrath