The Royal Government,

• 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;
• having seen Kret dated July14, 1993 on the creation of the Ministry of National Defense and the creation of the General Headquarters of the National Armies of Cambodia;
• having seen Kram NS-RKM-1293-001 dated December 28, 1993 on the Law Governing the Finance Acts and the Budgetary System;
• having seen Kram NS-RKM-0794-002 dated July 20, 1994 on the organization and functioning of the Council of Ministers;
• having seen Kram NS-RKM-1094-007 dated October 28, 1994 on the Regime of Retirement and Disability Pensions of RCAF Personnel;

upon the proposal of the Co-Ministers of Defense;

decides:

Article 1:

Military personnel of both sexes of the RCAF may only benefit from a monthly retirement regime after having satisfied the conditions provided in Articles 1 and 2 of Chapter 1 of the Kram on the retirement pension system for disabled military personnel of the RCAF ("Kram").

For military personnel working in difficult regions, or tasked with high-risk or work harmful to health as provided in Article 2 of the Kram (points 2, 3, and 4) and Chapter 1 (point 2), the duration of their service shall be continued and they shall satisfy each of the conditions of Article 2 before benefiting from the retirement regime.

Article 2:

The method of calculating the length of service and determining regional difficulty, high risk work, or work harmful to one's health relating to the RCAF, mentioned in Article 3, Chapter 1 of the Kram, shall be fixed as follows:

1. Mode of calculation of the duration of the service.

The calculating the length of service shall include the length of service in all social regimes, if applicable, and the length of service in the civil service and in the RCAF.

A)- The following shall be considered as length of service:

The calculation of the length of service shall include the date of permanent employment of State civil servants or laborers subsequently transferred into the RCAF, or to include their entry into the service of the RCAF until their retirement or their admission to the disability regime including specifically: 

• the length of service spent in the administration of a village, khum, sangkat or the militia.
• the length of service as a State civil servant or laborer working in various ministries or State institutions or the length of internships inside the country or abroad.
• the length of service as a civil servant working abroad.
• the length of service taking in consideration seniority in various regimes.
• the length of service in resistance movements.
• the intervening periods without fault.
• the length of service in the RCAF.

B) The following shall not be considered within the calculation of the length of service:

The probationary period of State civil servants or laborers.

2) - The determination concerning regional difficulty, high-risk work, or work harmful to one's health shall include the following:

A -- Difficult regions:

Military personnel working in very distant outlying zones, on islands, in malarial zones, the mountainous zones with dense forests and a bad climate and where life is as difficult as on battlefields.

B -- High risk work:

Military pilots, military personnel using special weapons, parachutists, military engineers, deminers, and explosives experts.

C – Work harmful to one's health:

Sailors, solders, repairmen of machines of all types, radar personnel, electricians, personnel working in buildings having contagious sicknesses, X-ray centers, and hospital laboratories, military personnel handling chemical and biological weapons, artillerymen and drivers of heavy vehicles.

A notice of the Ministry of Defense shall specify the applicable conditions in order to effect an efficient implementation of these provisions.

Article 3:

To a salary by rank there shall be added the monthly cost of food, a service allowance, if there is one, to relax the retirement pension and the regional allowance, "if applicable," which shall be included in the personnel retirement pension.

Article 4:

Military personnel of both sexes meeting all of the required conditions shall benefit from the monthly retirement regime mentioned in Articles 5 and 6 of Chapter 1 of the Kram, and also benefit from the following regimes:

1. persons in charge as recognized by the State and that have the right to a regime with the same title as that during an active period.
2. for officers having the rank of General or heroes supplied with a chauffeur and bodyguards, they shall be specifically examined and resolved by the government.
3. the Ministry of Social Action and Veterans as well as competent authorities shall examine the possibility of finding jobs for pensioners or disabled persons able to work by taking into consideration their wishes and special interests.

Article 5:

Military personnel of both sexes may, in case of family necessity, request leave before retiring as mentioned in Article 6 (point 2) of Chapter 1 of the Kram. Such leave shall be as follows:

• for military personnel up to the rank of Major: 6 months of leave.
• for military personnel having the rank of an officer cadet or sub-lieutenant: 8 months of leave.
• for military personnel having the rank of a senior officer: 10 months of leave.
• for military personnel having the rank of a General rank: 12 months of leave.

During the period of leave in the country, military personnel shall receive travel benefits (including the cost of food) in accordance with the decision of the Ministry of Defense.

Article 6:

Pensioners or the disabled have the right to wear the RCAF uniform in honor at the various national celebrations, as provided in Article 7 of Chapter 1 of the Kram.

Article 7:

Decisions regarding remaining on active duty or retiring provided in Article 8 of Chapter 1 of the Kram, as well as of the grant of a pension to the disabled shall be made as follows:

1. by prakas of the Minister of Defense for military personnel of both sexes having the rank of lieutenant colonel, captain of vessel, and below.
2. by Anukret on proposal of the Minister of Defense for military personnel of both sexes having the rank of colonel or captain of vessels.
3. by Royal kret on proposal of the Minister of Defense for military personnel of both sexes having the rank of General.

Military personnel of both sexes meeting the conditions of service duration but not having reached the age of retirement have the right to request their immediate retirement; on the other hand, military personnel that desire to continue in service until they reach retirement age shall request authorization from the Minister of Defense. 

Article 8:

Military personnel of both sexes of the RCAF may not benefit from the disability pension system unless they meet the conditions set forth in Articles 9 and 12 of Chapter 2 of the Kram.

The calculation of the length of service, and determination of regional difficulty, high-risk work, and work harmful to one's health, shall be undertaken in accordance with Article 2 of Chapter 1 of this Anukret.

Article 9:

The method of classifying the degree of disabilities of military personnel, as provided in Article 10 of Chapter 2 of the Kram, shall be determined by inter-ministerial prakas of the Ministers of Defense and Health.

Article 10:

The decision concerning a disability pension shall be undertaken in addition to the service salary, the food allowance, if applicable, the service allowance, if applicable, and the regional difficulty allowance, if applicable, shall take into consideration the disabled personnel pension.

Article 11:

Military personnel of both sexes may not benefit from a monthly disability pension unless they meet the conditions set forth in Articles 12 and 13 of Chapter 2 of the Kram.

In addition to the system set forth in paragraph 1 above, military personnel of both sexes shall benefit from the system set forth in Articles 4 (points 1, 2 and 3) and 6 of this Anukret.

Article 12:

Disabled military personnel and without housing accommodations as set forth in Article 13 (point 2), Chapter 2 of the Kram shall be provided for by the State and lodged in a State center. Very old pensioners, without shelter and living in unsafe conditions, shall have the same rights as the disabled.

The monthly retirement pension or the monthly disability pension shall be subject to a 50% deduction to ensure that food is provided, supplemented by the State in case of insufficiency.

Disabled military personnel of the 1st degree staying in State centers shall not receive a housing allowance.

Article 13:

After the death of pensioners and the disabled, their families shall only from the type of assistance set forth in Article 14, Chapter 2 of Kram NS-RKM-1094-007 dated October 28, 1994, on the retirement pension system for disabled military personnel.

Article 14:

Each year the Ministry of Defense shall draw up a list of the military pensioners and disabled and shall forward it to Ministry of Economy and Finance as well as the Ministry of Social Action and Veterans Affairs to establish the payment credits for such pensioners and disabled persons.

Management and monthly payments for the pension system and for the disabled shall be referred to the competence of the Ministry of Social Action and Veterans Affairs until the creation of a retirement pension fund.

The Ministry of Defense shall pay in a single payment an assistance to pensioners and to the disabled of the RCAF as set forth in Article 6 of the law on the retirement pension system for disabled military personnel of the RCAF, before transferring them to the Ministry of Social Action and Veterans Affairs.

Article 15:

Co-Ministers of the Presidency of the Council of Ministers, Co-Ministers of Defense, the Minister of the Economy and Finance, the Minister of Health, the Minister of Trade, the Secretary of State of Social Action and Veterans Affairs, Governors and Mayors of provinces and cities shall be responsible for the implementation of this Anukret, according to their competencies, from the effective date of its signature.

Phnom Penh, March 27, 1996

The First Prime Minister

Norodom Ranariddh

The Second Prime Minister

Hun Sen