Retirement file papers and common reasons for delay
The papers a State employee retirement file rests on, and why some files are delayed: age mismatches, unrecorded service, unpaid contributions.
Read →Retirement transactions
What the 2019 amendment to the Unified Pension Law changed
In briefFirst Amendment Law No. 26 of 2019 replaces Article 10 of the Unified Pension Law No. 9 of 2014, reorganises compulsory referral on reaching the legal age or on unfitness, sets written exceptions for named categories, cancels texts that allowed two pensions to be combined except where exempted, and recalculates the pensions of those referred before it came into force, with no financial effect for the earlier period.
The main amendments are in First Amendment Law No. 26 of 2019; the question of which law applies to a file from the outset is on retirement transactions. The law was published in the Official Gazette No. 4566 of 9 December 2019, and came into force on 31 December 2019, under its Article 18.
The wider framework is on retirement matters.
Compulsory referral and exceptions to the legal age
Article 1 of Law No. 26 of 2019 replaces Article 10 of Law No. 9 of 2014: referral of the employee is compulsory on reaching the legal age, regardless of the length of service, or if the official medical committee decides that the employee is unfit for service. The detail is on compulsory referral. The legal age is read from the text in force in the file.
Article 2 of Law No. 26 excepts named categories from the rules on the legal age, including: those covered by the University Service Law who hold the academic title of professor or assistant professor; forensic doctors, anaesthetists and psychiatrists; those covered by the Political Dismissal Law No. 24 of 2005 as amended, and first- and second-degree relatives of martyrs covered by the Martyrs Foundation Law No. 2 of 2016, Law No. 20 of 2009 and the Political Prisoners Foundation Law No. 35 of 2013; and civilian pilots who fly aircraft and hold a valid licence. The text gives those categories a different legal age, which in one paragraph differs from the age of the other excepted groups. The number is read from the text. University service is on university-service retirement.
By Article 9 of Law No. 26, texts that set another legal retirement age for an employee are cancelled, while the Military Service and Pension Law No. 3 of 2010 as amended remains in force on this point for those it covers. Whether the Unified Pension Law applies to military personnel is on its own page.
Calculation, rights after service ends, and reappointment
Article 5 amends paragraphs of Article 21: the requirement of fifteen years’ service for payment of the pension; payment from the age of forty-five, with the written exceptions; a minimum pension and a cost-of-living allowance, the amounts of which are read from the text in force; and an end-of-service gratuity for a person with twenty-five years of service, based on the full last salary and allowances multiplied by twelve. The 2.5% formula remains in Article 21, Second. The detail is on calculating a pension and on the gratuity.
Article 3 replaces Article 13: dismissal, removal, leaving the service, resignation, exclusion, termination of a contract or discharge does not bar pension rights. The person is entitled to seventy-five per cent of the minimum pension, and the pension is not paid until the age of forty-five with at least fifteen years of service, and not for the earlier period.
Article 7 replaces Article 24: an employee referred to retirement who is later reappointed is entitled to pension rights under this law after the last period of pensionable service is added to the earlier period, and the later pension may not be less than the pension at the date of reappointment or than that of a peer who was not reappointed. The detail is on work after retirement.
Article 10 cancels texts that allow two or more pensions to be combined, and excepts political prisoners, relatives of martyrs and victims of terrorism, according to the laws in force. The detail is on combining two pensions.
Article 14: the pensions of those referred before this amendment came into force, or of their survivors, are recalculated on the same basis as their peers covered by the law on the date it came into force, provided that no financial effect arises for the earlier period.
The office follows any calculation or referral decision from the date of commencement and from the text relied on.
Legal basis and sources
Frequently asked questions
Did Law No. 26 of 2019 repeal the Unified Pension Law No. 9 of 2014?
No. It is a first amendment of that law. It replaces or adds articles in it, and the original law remains the basis for what has not been replaced.
Does recalculation cover what was paid before the law came into force?
Article 14 provides for recalculation on the same basis as peers on the date of commencement, and that no financial effect arises for the earlier period.
Is combining two pensions still allowed?
Article 10 cancels texts that allow it, and excepts political prisoners, relatives of martyrs and victims of terrorism, according to the laws in force.
Related topics and articles
- 01Compulsory referral to retirementWhen referral to retirement is compulsory: reaching the legal age regardless of service, or unfitness decided by the official medical committee.
- 02May two pensions be combined?Article 10 of Law No. 26 of 2019 cancels texts that allow two or more pensions to be combined, with a written exception for named categories.
- 03Calculating a pension in IraqHow a pension is calculated under the Unified Pension Law: a 36-month average, the 2.5% rate, 15 years of service, the age of payment, and the cap.
- 04Work after retirement and reappointment of a pensionerArticle 24 after the 2019 amendment adds later service to earlier service. The last pension must not fall below the pension at reappointment, or a peer's.
- 05Early retirement in Iraq: when can a State employee request retirement?Conditions for requesting retirement before the statutory age in Iraq under Article 12 of the Unified Retirement Law: age or service, mothers, timing.
Pension contributions and the deduction from a civil servant’s salary
Article 17 deducts 25% of salary (10% employee, 15% treasury) into the Fund. Self-funded bodies late over 6 months face a 3% monthly fine.
Read →Transferring a pension after death or between banks
After death, successors request allocation under Article 25. Shares follow Article 28. A bank change follows the Authority’s instructions, not a statute.
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