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of December 5, 2019 No. 156

About provision of benefit in case of the death of one of spouses

(as amended of the Law of the Republic of Moldova of 28.02.2020 No. 37)

The parliament adopts this organic law.

Article 1. Provision of entitlement to benefit in case of the death of one of spouses

(1) in case of the death of one of spouses who received old-age pension less than five years after establishment of pension entitlement according to the Law on the public pension system No. 156/1998, to the surviving spouse the monthly allowance is provided.

(2) the Size of benefit is established in the amount of the old-age pension paid on the date of the death of the receiver of pension, but cannot exceed in the amount of five average monthly salaries predicted on economy for year in which there came the death of this person.

(3) the Benefit is paid monthly during the period calculated according to formula:

T = 5-r, where:

T – the period during which the surviving spouse has the right to receive benefit;

p – the period for which the died spouse received old-age pension.

(4) the Benefit is paid if on the date of approach of death of the receiver of pension the surviving spouse was married to it at least 15 years. The benefit is provided irrespective of whether the surviving spouse is receiver of pension in the public pension system if the pension paid to the surviving spouse, or the insured monthly income realized by it in month of death of the spouse does not exceed in time 1,5 subsistence minimum for pensioners according to the data which are available for National bureau of statistics at the time of benefit request.

(5) the Right to benefit can be demanded by the surviving spouse within three years from the date of approach of death of the spouse.

Article 2. Request for purpose of benefit

(1) the Application for purpose of benefit is submitted by personally surviving spouse to territorial authority of social insurance at the place of residence with production of documents, confirming entitlement to benefit.

(2) the Procedure for the request for benefit is established by the Government.

Article 3. Appointment and allowance payment

(1) the Allowance is granted since month of filing of application. In case of filing of application in month of approach of death of the spouse the allowance is granted from next month.

(2) Allowance payment is made monthly for current month by the payment service provider in the territory of the Republic of Moldova appointed the receiver of benefit according to the procedure, established by the Government.

(3) If the surviving spouse addresses for purpose of the benefit provided by this law during its payment he has no right to appointment and pension payment on the occasion of loss of the supporter according to the Law on the public pension system No. 156/1998.

(4) in case of the death of the receiver of benefit the unclaimed amount is not paid to other person.

(5) Deduction from monthly allowance are made according to provisions of article 38 of the Law on the public pension system No. 156/1998.

Article 4. Allowance payment source

The allowances granted according to this law are paid from the budget of the national social insurance.

Article 5. Final and transitional provisions

(1) Provisions of this law are applied in case of approach of death after January 1, 2020.

(2) to the Government in three-months time from the date of publication of this law in the Official monitor of the Republic of Moldova to adopt the regulations necessary for its execution.

Chairman of the parliament

Zinaida Grechany


Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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