The Ministry of National Defense announced that the file for benefiting from an immediate pension instead of a supplementary pension for former military personnel who have not completed 15 years of actual service due to a service-related disability is still under study by specialized committees. A final decision on this category's eligibility, based on existing legal and regulatory frameworks, is pending. This statement came after Deputy Ali Mouilhi addressed a concern to the Lieutenant General, Minister Delegate to the Minister of National Defense, Chief of Staff of the People's National Army, on April 14. Mouilhi's inquiry concerned enabling these former military personnel, whose service was definitively terminated due to service-related disability, to receive an immediate retirement pension instead of a supplementary pension. This clarification followed the concern raised by Deputy Ali Mouilhi on that date.
Pension Law Framework
The conditions for receiving a military retirement pension are outlined in Article 5 of Order No. 76-106 of December 9, 1976, which pertains to the Military Pensions Law. This law has been amended and supplemented, notably by Order No. 21-04 of April 18, 2021. According to these provisions, military personnel are generally required to have completed a minimum of fifteen (15) years of actual service to qualify for the pension. The conditions for benefiting from a military retirement pension are specifically defined by this Article 5 of Order No. 76-106. An exception to this duration requirement exists for individuals who sustained illnesses or injuries during operations, maneuvers, or training. This also applies to those affected by a terrorist act or an assault that occurred either in the line of duty or on the occasion of service, where no specific duration requirement is imposed.
Current Review Process
Specialized committees are currently studying the files of former military personnel whose discharge decisions were made between April 18, 2021, and August 5, 2025. This review aligns with regulations established by Presidential Decree No. 25-68 of February 4, 2025, which amends and supplements Decree No. 87-21 of January 20, 1987, concerning medical qualification for service in the People's National Army. The process also follows a decision dated August 5, 2025, that defines the composition, powers, and operational procedures of local medical committees, medical expertise committees, discharge, appeal, consultation committees, and the regional grievance committee within the People's National Army. The files of the category of former military personnel in question are being reviewed in accordance with these established regulations.
The provision of an immediate retirement pension, rather than a supplementary pension, for this category of former military personnel is contingent upon the outcomes of these specialized committees' studies of the individual files. The benefit of an immediate retirement pension instead of a supplementary pension for this category of former military personnel remains contingent upon the results of the study of the concerned individuals' files by the specialized committees.
Legal and Regulatory Context
Immediate entitlement to a retirement pension is subject to the conditions stipulated in Article 20 of the Military Pensions Law. This provision applies specifically to military personnel who, on the date of their definitive termination of service, had completed twenty-five years of actual civilian or military service, in the case of active military personnel. It applies to contract non-commissioned officers who had completed nineteen years of service, provided they had accumulated at least fifteen years of actual service and were discharged after exhausting all their rights to sick leave due to a long-term illness. The law outlines these specific criteria for pension eligibility, differentiating between categories of service members and their length of service, as well as the circumstances of their discharge for health reasons. These legal and regulatory frameworks are central to determining eligibility for military pensions.
