COALITION PROVISIONAL AUTHORITY ORDER NUMBER 52
PAYMENT OF PENSIONS FOR JUDGES AND PROSECUTORS WHO DIE WHILE
HOLDING OFFICE
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), and
under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolutions 1483 and 1511 (2003),
Recognizing that the administration of justice depends upon an independent and impartial
judiciary and prosecution composed of persons of the highest quality and integrity, free of all
outside influence,
Noting that according to the decision of the Revolutionary Command Council of 13
September 1983 issued pursuant to Article 42 of the Interim Iraqi Constitution of 1970, no
provision is made for a pension for the family of Judges and Prosecutors who die or are
killed in office, until the date when such Judge or Prosecutor would have reached the age of
retirement,
Determined to make special provision for the families of Judges and Prosecutors who are
killed while holding office.
I hereby promulgate the following:
Section 1
Payment of Pensions for Judges and Prosecutors who Die in Office
In the event of the death of a Judge or Prosecutor who was holding office at the time
of death, the surviving relatives of the Judge or Prosecutor shall be paid a pension in
accordance with this Order.
Section 2
Rate of Pension for Judges or Prosecutors who Die Other than as a Result of
Homicide While Serving in Office
1) The amount of the pension to be paid to the surviving relatives of a Judge or
Prosecutor who dies other than as a result of homicide while serving in office shall be
the equivalent of 80% of the salary paid to a Judge or Prosecutor of the same grade as
the deceased Judge or Prosecutor.
2) The pension paid under paragraph 1 above shall be paid from the date of the deceased
person's death until the date when the Judge or Prosecutor would have reached
retirement age, after which the pension to be paid to the surviving relatives shall be at
the same rate as the normal retirement pension for Judges and Prosecutors.
CPA/ORD/6 January 2004/52

Section 3
Rate of Pension for Judges or Prosecutors who are Killed while Serving in Office
1) The amount of the pension to be paid to the surviving relatives of a Judge or
Prosecutor who is killed while serving in office shall be the equivalent to the full
salary paid to a Judge or Prosecutor of the same grade as the deceased Judge or
Prosecutor.
2) The pension paid under paragraph 1 above shall be paid from the date of the
deceased person's death until the date when the Judge or Prosecutor would have
reached retirement age, after which the pension to be paid to the surviving relatives
shall be at the same rate as the normal retirement pension for Judges and
Prosecutors.
Section 3
Administration and Payment of Pensions
1) The pensions authorized under this Order shall be administered and paid by the
Ministry of Justice.
2) Such pensions shall be paid to those surviving relatives of the deceased Judge or
Prosecutor whom the Judge or Prosecutor was supporting at the time of his or her
death and whom the Minister of Justice determines to be qualified for such
pensions under regulations to be promulgated by the Ministry of Justice. Pensions
shall be paid to qualified surviving relatives in such proportions as the Minister of
Justice determines to be equitable.
Section 4
Entry into Force
This Order shall enter into force on the date of signature, but shall apply retroactively
to all deceased judges or prosecutors who died after 1 June 2003 while serving in
office.
~12 118104
L. Paul Bremer, Administrator
Coalition Provisional Authority
2
CPA/ORD/6 January 2004/52