October 7 Victims Face Pension Claim Deadlines Amid Calls for State Extension
October 7 victims face a looming deadline to claim disability pensions from their pension funds, with experts urging immediate action and state intervention to extend the cutoff.
Attorney Shai Dvir, owner of the Dvir Law Firm specializing in tort law, explains that for victims whose ability to work has been impaired following the October 7 massacre and the war, pension funds may serve as an additional and crucial source of support. However, the time window for filing a claim is short, and in some cases will close as early as October 7, 2026. He argues that "the state must extend it, but it remains unclear if and when that will happen. Here are the steps that can be taken."
Three years after October 7, many victims of the massacre are still dealing with the physical and psychological consequences of that day. Some have returned to work, others tried to return only to discover later that they were unable to continue in the same format, and others are still undergoing treatment and rehabilitation. Amidst this reality, a right that many do not even know exists may slip away: a disability pension from the pension fund. In fact, although several hundred applications have been submitted, there may be thousands more victims who are entitled to this but are not necessarily aware of it.
A pension fund is not just savings for retirement. Throughout working years, it also includes insurance coverage for loss of working capacity. Anyone who was physically or psychologically injured and lost a significant portion of their working capacity for a period exceeding 90 consecutive days may be eligible for a monthly disability pension from the National Insurance Institute (Bituach Leumi) and the pension fund, subject to the fund's bylaws and the circumstances of the case. This is a right separate from filing with the National Insurance Institute (or personal insurance), even if there may be offsets between the two tracks.
The Deadline Trap and Statutes of Limitations
The problem is that this right is subject to a filing deadline. According to pension fund bylaws, a claim must be submitted within three years from the date of the qualifying event—meaning the date on which the loss of working capacity materialized. In cases where the injury and loss of capacity began as early as October 7, 2023, the deadline may expire on October 7, 2026.
However, one must not mistakenly assume that everyone who was injured on that day is necessarily required to file a claim by this exact date. If a person was injured on October 7, continued to work for a certain period, and only in February 2025 (for example) did their medical or psychological condition lead to a loss of working capacity qualifying for a pension, the count may begin from that date. Each case must be examined according to its circumstances, medical documents, and the actual date of impairment to working capacity.
The logic behind a statute of limitations is clear in normal cases: the pension fund needs to investigate the circumstances of the injury within a reasonable time. But October 7 is not a normal case. This is an extraordinary national event in which people lost family members, were displaced from their homes, suffered physical or psychological trauma, and spent long months trying to survive and return to a routine. It is unreasonable to expect such a person to understand within three years that, beyond state systems, they must also apply to their pension fund.
The Need for State Intervention
This gap is particularly acute because many believe that applying to the National Insurance Institute exhausts all their rights. It does not. A claim as a victim of a hostile act is one track; a claim for a disability pension from a pension fund is an additional track. The fact that a person is recognized by the National Insurance Institute does not replace the need to apply to the fund, just as the lack of recognition or eligibility for a monthly state pension does not necessarily rule out eligibility from the fund.
In such a situation, state intervention is required through the Capital Market, Insurance and Savings Authority and the competent authorities to allow a dedicated extension of the deadline for filing claims for October 7 victims, given the psychological trauma resulting from the event. This is not a sweeping waiver of statutes of limitations, but rather a proportional temporary order tailored to an unprecedented event. Since pension funds cannot be forced to proactively contact policyholders who might be relevant, it is proper that this matter be publicized.
What Can Be Done Now?
Until such a decision is made, anyone who was injured and has not yet filed a claim must act now. First, locate the pension fund in which they were insured at the relevant time and submit a documented claim for a disability pension, while obtaining written confirmation of the filing date. There is no need to wait for a final ruling from the National Insurance Institute to begin the process with the fund.
At the same time, it is important to submit or complete the application to the National Insurance Institute, gather medical documents, sick leave certificates, documentation of absences from work, and documents indicating the impact on income and employment capability. Anyone who has already filed a claim must verify in writing that the fund received it, find out what date was recorded as the qualifying event, which documents are missing, and what the deadlines are for completing them or appealing a decision.
Filing a claim on time is a critical step, but it does not exempt one from follow-up. It is important to know that as long as no decision approving the pension has been received, the statute of limitations is not interrupted, and one must obtain an extension or alternatively file a lawsuit in court. In the event of rejection or dispute, one should not assume that correspondence with the fund automatically freezes any legal deadline. Therefore, it is important to act quickly and orderly, and not let the clock determine the right before it is examined on its merits.
