The “Martyrs Foundation salary” on this page is the pension salary that Martyrs Foundation Law No. 2 of 2016, as amended, provides for a martyr's family — not the pay of the Foundation's own staff. Article 11 distinguishes a martyr who was employed by a State department from one who was not, and Article 12 sets out how the salary is shared. The text ties the figure to the salary scale of living peers or to the minimum pension under Unified Pension Law No. 9 of 2014, or any law that replaces it.
Who is a martyr, and who counts as family, are explained in Who is a martyr and who are the family. The application path is in A martyr's file. Combining this salary with other rights is in Combining entitlements.
If the martyr was employed by a State department, the family is entitled to a pension salary equal to the salary and allowances of living peers still in post, under the scale in force, after counting as actual service — for increment, promotion and pension purposes — the period between the date of arrest, assassination, judgment or martyrdom (whichever period the committee adopts as the higher) and the date the law entered into force.
If the martyr was not employed by a State department, the family is entitled to a pension salary equal to three times the minimum pension under Unified Pension Law No. 9 of 2014, or any law that replaces it.
For the family of a martyr who was a State employee, the higher of those two paths is paid. The weaker path is not chosen if the other path is higher under the text.
The amount is tied in the text to the salary scale of living peers or to the minimum pension under Unified Pension Law No. 9 of 2014, or any law that replaces it. The practical question is which description applies to the martyr, and which period the Committee for Reviewing the Applications of Martyrs' Families adopts.
Article 1 defines the martyr's family as: the parents and the children; the spouse and the wives, even if they are not Iraqi; brothers and sisters; and the sons' and daughters' children. Distribution of the pension salary is set out in paragraph Third of Article 12:
If the martyr was unmarried and both parents have died, the rights and privileges pass to the brothers and sisters (Article 12(1)). If the martyr was married to more than one wife, each wife and the beneficiaries among her children by him enjoy the rights granted to a single wife (Article 12(2)).
If payment to one beneficiary is stopped for any reason, that share is redistributed equally among those who remain (Article 11(2)(c)).
Paragraph Second of Article 11 allows a covered person to combine this salary with a functional or pension salary, a social-care grant, any pension share or any other salary, for twenty-five years from the date the repealed Law No. 3 of 2006 entered into force. Payment continues, as an exception after that period ends, for:
After the combining period ends, the covered person may choose the higher of the martyr's salary and any other salary received.
In cases the text names expressly — including where a martyr who was an employee had reached the legal pension age before Law No. 3 of 2006 entered into force — the National Pension Authority (Hay’at al-Taqa‘ud al-Wataniyya) is required to make payment, under Article 20. In other cases the salary is paid under the arrangements set by the Martyrs Foundation Law and the Foundation, and is not attributed to the National Pension Authority unless the text so provides.
It is the pension salary prescribed for the martyr's family in Articles 11 and 12, not the pay of Foundation staff.
No. It is tied to the peers' salary scale or to three times the minimum pension, according to the martyr's status, as the text provides.
If payment of one beneficiary's share is stopped, it is redistributed equally among those who remain. Transfer of rights, on the death of both parents of an unmarried martyr, to the brothers and sisters is provided for in Article 12.
Yes, for twenty-five years from the date Law No. 3 of 2006 entered into force, with the exceptions for parents, the widow and some children and siblings under Article 11. The detail is on the combining page.
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