ANUKRET DATED NOVEMBER 8, 1996
ON THE REGIME FOR MILITARY PERSONNEL THAT ARE SACRIFICED, DECEASED,
KILLED THROUGH PROVOCATION, MISSING OR DISABLED
046-ANK-BK
The Royal Government,
·
having
seen Kret dated September 24, 1993 on the appointment of the First Prime
Minister and the Second Prime Minister of the Royal Government of Cambodia;
·
having
seen Kret dated November 1, 1993 on the appointment of the Royal Government of
Cambodia;
·
having
seen Kram NS-RKM-0794-002 dated July 20, 1994 on the organization and
functioning of the Council of Ministers;
·
having
seen Kret NS-RKT-1094-083 dated October 24, 1994 on the modification of the
composition of the Royal Government of Cambodia;
·
having
seen Kret NS-RKT-1094-090 dated October 31, 1994 on the modification of the
composition of the Royal Government of Cambodia;
·
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
Minister of Defense;
the Council of Ministers
having heard;
decides:
Article 1:
Military personnel of both
sexes shall be considered sacrificed, dead, a suicide, or missing in the
following circumstances:
(a) A sacrificed member of
the military is a member of the military that is deceased after having received
a combat order, participated in combat, served in combat, participated in
highly dangerous training, participated in dangerous missions or is a victim of
a natural disasters, in high risk regions and a natural disaster, in a region
found to be dangerous.
This category A is
subdivided into 4 degrees:
·
1st
degree: loss of work capacity above …80%
·
2nd
degree: ...........................................… 60%
·
3rd
degree: ............................................… 40%
·
4th
degree: ............................................… 20%
A disabled person in
Category (A) deceased following reactivation for an injury certified by a State
hospital will be considered sacrificed.
A disabled person in
Category (A) having received a supplementary injury by participating in combat
or by undertaking regular work shall be reclassified.
A disabled person in
Category (B) is a member of the military not mortally wounded, but rendered
disabled in the undertaking a normal mission when confronted with danger. This
category of disability is subdivided into 3 degrees:
·
1st
degree: loss of work capacity above…..
80%
·
2nd
degree: .................................................. 60%
·
3rd
degree: ................................................... 40%
A disabled member of the
military in Category (B) deceased following reactivation from the injury and
receiving an attestation from a State hospital shall be considered as a
deceased member of the military.
A disabled member of the
military in Category (B) having received supplementary injuries by
participating in combat, directly or indirectly, shall be considered as a
disabled member of the military in Category (A).
(b) A deceased member of the
military shall be a member of the military that has received an order to
undertake a mission in normal regions, and became a victim of danger and then
becomes deceased because of the undertaking of such mission or because of an
illness.
(c) The disabled shall be
military personnel that become deceased by suicide or by a danger caused by
themselves, directly or indirectly, by breaking the law, discipline or an
order.
(d) The missing shall be the
military personnel that shall receive an order to go into combat, participate
in combat, participate in special training or carry out a highly dangerous
mission and disappear without one being able to conclude whether they are dead
or alive, deserters, captured or prisoners held by the enemy.
Article 2:
Military personnel of both
sexes are considered disabled in the following circumstances: disability
resulting in the loss of one or several organs; one distinguishes 2 categories
of disabled persons: a Category (A) and Category (B). A disabled person in
Category (A) shall be a member of the military having received a non-mortal but
disabling injury. The injury is caused by participation in combat, highly
specialized training or to a highly dangerous mission.
Article 3:
Classification in a disabled
category shall be undertaken through an application committee of the Ministry
of Defense that shall be established by an inter-ministerial prakas and that
shall be composed of:
·
the
Ministry of Defense
·
the
Ministry of Health
·
the
Ministry of Social Action and Veterans Affairs.
Article 4:
Military personnel of both
sexes described in Article 1 shall be paid as follows:
(a) Military personnel sacrificed:
·
Allocation
of a sum equal to 9 months of the last salary of the member of the military
concerned, to his/her family or to the unit responsible for organizing the
funerals of the deceased,
·
A
one-time allocation to the entire family of the deceased of a sum equal to 15
months of his/her last salary.
·
Monthly
financial assistance to the family, husband or wife, natural children, father,
and mother of the deceased following the decision of the government.
(b) Military personnel
deceased:
·
Allocation
of a sum equal to 7 months of the last salary of the member of the military
concerned, to his/her family or to the unit that is responsible for organizing
the funerals of the deceased.
·
A
one-time allocation to the entire family of the deceased of a sum equal to 12
months of his/her last salary.
·
Financial
assistance to the husband or the wife, children, father, mother of the deceased
military member following the decision of the government.
(c) Member of the military
whose death has been provoked:
·
Allocation
of a sum equal to 5 months of the last salary of the member of the military
concerned, to his/her family or to the unit responsible for organizing the
funerals of the deceased.
·
A
one-time allocation to the entire family of the deceased of a sum equal to 12
months of the last salary of the member of the military whose death has been
provoked.
(d) Missing military
personnel:
·
Allocation
to the family of the member of the military concerned of a sum equal to his/her
last salary including the allocation of rice for 12 months effective the month
and the year of his/her disappearance.
·
After
12 months of disappearance, the family of the member of the military shall
receive assistance at the same level as that of the sacrificed member of the
military except for the sum allocated for the funerals.
·
In the
event that the missing person should reappear in the unit or the base, with
respect to the 2 types of assistance mentioned above, the financial assistance
shall be stopped as of the date of his/her reappearance.
Article 5:
Persons that are able to
benefit from the assistance program for the sacrificed member of the military,
deceased, whose death has been provoked or who has disappeared are the
following:
·
The
father, the mother or the guardian of the member of the military since his/her
young age, in the event that the member of the military in question was single.
·
The
husband or the wife of the member of the military whose union is certified by a
marriage certificate and where he/she has not been remarried.
·
Natural
children below the age of 18 of the member of the military producing a birth
certificate, as well as those older 18 but producing a certificate of schooling
certifying than they continue their schooling and that they are neither
grant-holders nor disabled.
·
Parents
or guardians not having more than one or two children having been sacrificed or
killed, shall receive assistance accordingly to the number of children
sacrificed or killed.
Article 6:
Military personnel of both
sexes indicated in Article 2 shall receive the following assistance:
(a) For disabled military
personnel with all 20 degrees of Category A:
1 - After having received
medical assistance and to have been perfectly rehabilitated, the member of the
member of the military shall receive a regime of convalescence whose duration
shall follow the degree of the disability:
·
1st
degree: authorized convalescence rest of ..... 90 days
·
2nd
degree: .......................................................... 60 days
·
3rd
degree: ...........................................................45 days
·
4th
degree: ........................................................... 30 days
2 - Disabled military
personnel that continue to work within the RCAF shall receive a monthly
disability allocation that shall be calculated in accordance with the
percentage of their monthly salary and the degree of the disability; such
allocation shall be added to the salary of the person concerned.
·
1st
degree shall receive an allocation equal to 45% of the last salary of the
disabled member of the military.
·
2nd
degree shall receive an allocation equal to 40% of the last salary of the
disabled member of the military
·
3rd
degree shall receive an allocation equal to 35% of the last salary of the
disabled member of the military.
·
4th
degree shall receive an allocation equal to 30% of the last salary of the
disabled member of the military.
3 - Disabled military
personnel that the Ministry of Defense has decided to remove from the bodies of
the RCAF shall receive a regime of seniority assistance for a period not to
exceed 12 months on the basis of a month per year. Disabled military personnel
having served the RCAF for less than a year shall also receive a month of
assistance.
4 - A disabled member of the
military shall receive assistance for the first time of a sum equal to:
·
1st
degree: 6 months of the last salary of the disabled military member.
·
- 2nd
degree: 5 months
......................................................
·
3rd
degree: 4 months
.....................................................
·
4th
degree: 3 months
.....................................................
5 – He/She shall then
benefit from a monthly salary that is equal to his/her last salary at the
moment when the Ministry of Defense decided to remove him/her from the bodies
of the RCAF, this salary shall also include an allowance for children of the
disabled member of the military.
6 - The disabled member of
the military of the 1st degree shall receive a personal servant.
This servant shall serve the member of the military in question until the death
of the latter. The servant shall receive a minimum wage of a member of the
military of the 2nd class.
(b) For a disabled member of
the military in Category B of all degrees:
1 - the disabled member of
the military in Category B that the Ministry of Defense decides to remove from
the bodies of the RCAF shall receive seniority assistance that does not exceed
8 months by taking into account the duration in the rank as indicated in the
point 3 above.
2 - The disabled member of
the military shall receive assistance relating to the degree of disability:
·
1st
degree: sum equal to 90% of the last salary
·
2nd
degree: sum equal to 80% of the last salary
·
3rd
degree: sum equal to 70% of the last salary
Allowances for family and
children shall be granted at the same level as that for disabled military
personnel in Category A.
(c) Disabled military
personnel in Category (A) and (B) of all degrees shall receive supplementary
assistance:
1. At each celebration of the Khmer New
Year, Phachum Ben celebration, and celebration commemorating military
personnel that have fallen on the fields of honor. Disabled military personnel
shall benefit from assistance equal to the sum of assistance provided to other
civil servants.
2. When a disabled member of the
military shall become ill or injured, or where an old injury is reactivated,
the disabled member of the military shall receive free care in a State hospital
until he/she has been completely rehabilitated.
3. The disabled member of the military
shall have an opportunity to work, professional training in the State center,
gratuitously, and shall be taken care of by the Ministry of the Social Action
and Veterans Affairs in view of obtaining work in line with the possibility and
capacity of the member of the concerned military.
The wife of the member of
the military shall receive, in addition, social security allowances at the same
level as that for other female civil servants.
A disabled member of the
military that continues to work until retirement shall be transferred to the
retirement system.
Article 7:
All expenses for the
assistance set forth in Articles 4 and 6 shall be assumed by the State budget.
The Ministry of Defense shall assume responsibility for the following expenses:
·
expenses
for funeral
·
expenses
(initial only) for the assistance to families of military personnel sacrificed,
deceased, or deceased through provocation.
·
expenses
of convalescence rest for disabled military personnel.
·
expenses
for seniority allowances of military personnel that are part of the process of
removal of the bodies of the RCAF.
·
expenses for injury allowances of personnel that
continue to work for the RCAF.
·
payment
of 3 months of salary prior to the transfer of the member of the military to
the Ministry of Social Action and Veterans Affairs while waiting for the
creation of his file in this latter Ministry. The Ministry of the Social
Action and Veterans Affairs shall then take over, with the exception of the
assistance assumed by the Ministry of Defense.
Article 8:
The Co-Ministers of the
Council of Ministers, Co-Ministers of Defense, the Minister of State, the
Minister of Economy and Finance, the Minister of the Health, the Minister of
Social Action and Veterans Affairs, all Ministries and institutions concerned
shall be in charge of the implementation of this Anukret with effect from the
date of its signature.
Article 9:
Any provisions contrary to
the present Anukret are hereby revoked.
Phnom Penh, November 8, 1996
The First Prime Minister
Norodom Ranariddh
The Second Prime Minister
Hun Sen