Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law provides for financial support equivalent to group life insurance in the form of compulsory military service (1438/2007) Or civil service law (1446/2007) After the death of the person who served his service to his or her beneficiaries. (28.12.2007)
Aid shall be paid where applicable, as agreed in the civil service contract for civil servants, unless otherwise provided for in this Act.
Financial assistance shall be granted on the way to military or civilian service, during the performance of the service and within one year following the death of the service.
If a person has received a military accident at the end of the service (1211/90) On the basis of a full accident pension and he dies within three years of the end of the service, financial support is also granted.
In the case of additional service or auxiliary service within the meaning of the Military Duty Act, or in the case of additional service or auxiliary service within the meaning of the Civil Service Act, this law shall apply to: Death has occurred on the way to service, in service or on the way back from service. (28.12.2007)
The main beneficiaries of this law are the surviving spouse and children under the age of 18. Where there are no primary beneficiaries, parents and children aged 18 and over who are entitled to a refund shall be seconded to the aid of the beneficiaries, who have had their capacity and wealth so little that they have been substantially in proportion to their maintenance. Dependent on the deceased, as well as the 18-year-old of the deceased, but children under 22 years of age who are not in gainful employment. In addition, the first and secondary beneficiaries shall be in force as agreed in Article 1 of the terms of reference of the beneficiaries.
In addition to the primary and secondary beneficiaries, aid may also be paid to a person who has suffered a disproportionate financial obligation as a result of death. In this case, the aid is discretionary and does not exceed the maximum amount which the first or secondary beneficiaries could have been granted.
No aid shall be granted if, as a result of the death of the deceased, the beneficiary is entitled to the other benefit under this Act under the law, the regulation, the service, the rule of law, the pension, or the contract of employment or employment. However, the aid may be granted in so far as it is higher than any other benefit due to the death penalty.
The financial assistance shall be granted and paid by the Treasury. The application shall be made in writing by means of a form established by the Treasury.
The application shall be submitted within one year of the end of the calendar year during which the deceased is dead, subject to special circumstances.
If the recipient of the aid is a minor, or if he/she is unable to seek support for his illness or other reason, and if he does not have a guardian or a trusted man appointed for that purpose, a close family or other person authorised by the Treasury As the trustee, to exercise his powers in the matter.
Where financial aid has been paid unduly or in excess of the amount, the aid unduly paid shall be recovered.
Financial aid may be partially or fully withdrawn if it is considered reasonable and the payment of the aid is not considered to be attributable to the applicant's fraudulent conduct or gross negligence.
The final decision of the State Treasury or the decision given by the court in this case may be implemented in the same way as a legal judgment.
The State Treasury shall issue a written decision on the granting and refusal of financial assistance and recovery in the case of recovery. The applicant shall be deemed to have received the decision on the seventh day following the date on which the decision has been posted at the address given by him, unless otherwise displayed.
Any dissatisfaction with the decision of the State Treasury shall be subject to appeal against the insurance period within 30 days of the receipt of the decision. The decision to appeal shall not be appealed against.
Paragraph 3 has been repealed by L 5.3.1999/300 .
The penalty for the fraudulent acquisition of financial assistance or its company is punishable by: Chapter 36 of the Penal Code § provides.
More detailed provisions on the application of this law shall be adopted, where appropriate, by a regulation.
This Act shall enter into force on 1 January 1995.
The law shall apply to the death of persons who are carrying out or begin to carry out their military or civil service or any other service or exercise within the meaning of Article 2 of this Act after the entry into force of the law.
Before the law enters into force, measures may be taken to implement it.
THEY 212/94 , StVM 26/94NO 83/1998 , LaVM 22/1998, EV 250/1998
This Act shall enter into force on 1 January 2008.
THEY 140/2007 , TyVM 9/2007, EV 132/2007