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Military Makes an Exceptional Provision of Claims for Pension Submitted by Bereaved Families of Deaths Recognized as On Duty Aft...


The Ministry of National Defense announced a partial amendment to the Veterans' Pension Act, which enables all bereaved families of soldiers who died in the line of duty to receive the pension they are due under the law. 

This amendment provides that the time limitation of a claim for pension for the bereaved family of a death on duty shall start not from 'the date of death' but from 'the date of being recognized as a death on duty,' if the death is recognized as a death on duty after review. According to Article 8 of the Military Pension Act in force, a pension for the bereaved family of a death on duty and a solatium for the bereavement should be claimed within five years and three years from the date of death, respectively. However, some bereaved families were not able to receive this pension despite the deaths being recognized as deaths on duty because five years had elapsed from the date of death. To address this, an exceptional provision has been established to modify the time limitation of a claim for pension.

“It is appropriate for bereaved families to exercise their rights to claim the pension for the bereaved families of deaths on duty from the time the deaths are recognized as deaths on duty,” a ministry official said. 

To give relief to bereaved families whose claims for pension expired before the amendment was enforced, if the applicable deaths are recognized as deaths on duty after a review in the meantime, the ministry also included a provision in the supplementary provisions to modify the time limitation of a claim for pension by setting the start point as from 'the date of the enforcement of the amendment.' So far, 40 bereaved families have benefited from this amendment.  

“This amendment reflects the government's commitment to taking full responsibility for those who sacrificed themselves for the country,” said Kwon Young-cheol, director general for health and welfare of the ministry.

The legislation will be announced from July 5 to August 14. The ministry will submit the amendment of the Veterans' Pension Act to the National Assembly after consultation with the relevant authorities, and strive to ensure its prompt enforcement. 

 


 

By Chul-Hwan, Kim < droid001@dema.mil.kr >

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