- The special aid fund of the association Keren Yachad – a social initiative for generations (“the association”) is intended to support the Jewish family unit and help families of spouses, Israeli citizens and its residents, who married according to the religion of Moshe and Israel by assisting in situations where one of the couple (and/or both) passed away, leaving behind orphans up to the age of 30. The fund is intended to support such orphans and help them, especially while the orphans decide to establish their own Jewish home and marry according to the religion of Moshe and Israel.
Since it is a fund with the character of a charity and chesed, the fund’s advisory committee will have the authority to give a lenient interpretation in favor of the eligibility applicants.
The “advisory committee” in these regulations means: a committee chosen by the association’s management, and consisting of at least 5 members.
- The fund is a charity fund. It will act in light of Jewish law. The fund is not an insurance plan, although it also has elements of mutual aid, it is based mainly on the desire and willingness of its members to contribute in appropriate cases to the orphans of families affected by the death of one or both parents.
- These regulations will be considered an agreement between the members and the association as the operator of the fund, as well as between all the members and among themselves.
- The types of membership in the fund:
- “Contributing member” – a member who joins the fund and has no children or who is not entitled to any of his children receive any payment in the event of his death and/or the death of his spouse.
- “Subscribing member” – a member who joins the fund and contributes in an orderly and regular manner by himself or by others in cases where the fund collects money for orphans that were decided to be paid, when in the case of the death of the subscribing member and/or the death of his/her spouse who was married to the subscribing member according to the religion of Moshe and Israel and who is registered to the fund as his/her spouse at the time of joining the fund or after, their orphans will be entitled to receive payment by virtue of these regulations and according to its conditions.
- A person who was married according to the religion of Moshe and Israel and then divorced and/or widowed may register as a member.
- A person who has been married more than once may request to designate more than one person as his/her spouse, but in such case he/she will have to register as a subscriber once more (and in each registration define his/her spouse as stated above) and all the obligations applicable to a subscriber member will apply to him/her for each subscription.
- Membership in the fund is intended for Israeli citizens and its residents only. A subscribing member who ceases to be an Israeli citizen or a resident of Israel will cease to be a subscribing member, and as long as he continues to make contributions to the fund, he will be considered a contributing member only.
For the purposes of these regulations, a member whose center of life is outside of Israel for a period exceeding 5 years will be considered a non-resident of Israel, subject to what is stated in section 4.2 below.
- Fund registration:
- A contributing member will have to provide the following details and documents when registering for the fund:
First name, last name and ID number of the contributing member, home phone number, mobile phone number and e-mail address.
The contributing member will also have to come up with credit card or direct debit details, and if the credit card does not belong to the contributing member also details (first name, last name and ID number) of the obligee.
- A subscribing member will have to provide the following details and documents when registering for the fund:
First name, last name, ID number, home phone number, mobile phone number and e-mail address, all in relation to the subscribing member and his/her spouse.
The subscribing member will also have to come up with credit card or direct debit details, and if the credit card does not belong to the subscribing member also details (first name, last name and ID number) of the obligee.
- The association is allowed to demand from those who apply to join as a subscriber member to fill out a detailed medical questionnaire regarding him/her and his/her spouse and even to attach various documents, which the association will be allowed to forward to the examination of its medical advisors. In those cases where one of the spouses is ill with a life-threatening illness or even in cases where there is concern that they are ill with a life-threatening illness, the fund will be entitled according to its discretion, to prevent him from joining as a member or as his spouse, but even in this case the healthy spouse will be able to join as a subscribing member , but the death of the spouse who is feared to be suffering from a life-threatening illness, will not entitle his/her children to assistance from the fund.
Despite the above, in the event that the subscribing member and/or his/her spouse is ill with a life-threatening illness at the time of registration with the association (or in the circumstances of the case there is a concern at the time of registration that one of them has a life-threatening illness), the association will be entitled to approve his joining the fund, while determining in advance that the assistance will be provided Only in the event that he died an unnatural death and not as a direct or indirect result of any illness or medical event.
In this regulation:
“Ill” – a person who is ill with a life-threatening disease as well as a person who was ill with a life-threatening disease before the minimum period necessary to be accepted as a member has passed, as detailed in the medical questionnaire and/or in the list of life-threatening diseases.
“Life-threatening disease” – means one of the diseases that appear in the list of diseases that will be determined and updated from time to time by the association’s medical advisors.
The list of diseases appears on the association’s website, but the association reserves the right to update it from time to time.
- After the foundation receives and approves the joining form, registrants will be sent a confirmation form and/or a membership card with a subscription number. The Foundation reserves the right not to approve the joining of registrants to the association, and its decision will be final.
- For the avoidance of doubt, sending details and filling out the joining forms does not constitute a confirmation of acceptance into the fund. Only an official confirmation from the fund’s management of accepting the registrant as a member of the fund, will be considered a confirmation of joining.
- Joining the fund is personal, non-transferable and non-inheritable.
- When joining the fund, the participant will have to pay a one-time registration fee of 36 shekels.
- Correcting and updating details:
- In any situation of change in the details provided to the fund, the contributing member or the subscribing member must report it to the fund. However, when there is a change in the health condition of the subscribed member who was accepted as a member of the fund, he will not have to report this to the fund and his rights as a subscribed member will not be affected.
- A subscribing member will update the fund in any case where he ceases to be an Israeli citizen and/or in any case of moving to a residence outside of Israel. As stated in section 2.4 above, a subscriber whose life center is outside of Israel for more than 5 years, will not be considered a subscriber member, even if he continued to contribute to the fund. For the purposes of these regulations, those who spent an average of more than 183 days a year outside of Israel will be considered as those whose life center is not in Israel.
Despite the above, a subscriber may submit a request to the Foundation to continue to recognize him as a subscribing member, even though the center of his life has been outside of Israel for more than 5 years but not more than _ years, and the Foundation will have sole discretion to decide on the matter. If the member is ill with a life-threatening illness as defined above, which was discovered after he joined as a contributing member and he presented the foundation with documents about it, the foundation will take this into account as part of its considerations if to approve his request to allow him to remain a contributing member even after more than 5 years from the day he began living outside of Israel.
For the avoidance of doubt, it the contributing member did not submit a request to continue to recognize him as a subscribing member under the aforementioned circumstances, his membership as a subscribing member will cease 5 years from the date of moving to residence outside of Israel, and as long as he did not inform the fund of this, he will be retroactively considered a contributing member from the time this is notified to the fund, and this also If the fact of the loss of citizenship or the fact of exceeding 5 years in which the center of his life was abroad will be notified to the fund only after the occurrence of an event of eligibility.
- The fund will send immediately after registration and from time to time forms and/or other documents detailing the data about the members of the fund. If certain data is not correct or not current, the fund member will have to correct and update the details. Failure to correct and/or update the details will be considered confirmation of the details transferred by the foundation.
- Cancellation of joining the fund:
- Any member will be entitled to cancel his membership in the fund at any time by written notice.
- If it is found that the person registered as a subscriber did not declare a medical problem of the type listed in section 3.5 and/or registered contrary to what is stated in the bylaws, his membership will be canceled immediately and his rights will be retroactively canceled. A subscriber whose membership has been canceled pursuant to the provisions of this section shall not be entitled to any compensation and/or indemnification for monies collected from him and/or for any other reason.
- A subscriber who did not request to cancel his membership and who does not make payments that he must make according to these regulations, and/or otherwise falls behind in payments for a period exceeding 90 days from the date of collection of payment by the fund, will automatically be considered to have canceled his membership in the fund and his membership will expire without a written notice is required on the 90th day from the day that he did not make a payment that he was supposed to make.
Notwithstanding what is stated in this subsection, a subscriber who has made payments regularly for a period of at least 6 months and who has not made payment(s) that he must make according to these regulations for a period exceeding 90 days from the date of collection of the payment, his orphans will be entitled even after the cancellation and until the end of 6 months from the day he stopped making said payments to receive half the amount they would have been entitled to receive if he had made the payments. This relief will only apply the first time the subscriber refrains from paying payment(s) for a period exceeding 90 days.
- A subscribing member whose membership in the fund was canceled:
- If he requested to rejoin the fund before the end of 6 months from the day he announced the cancellation of his membership and/or from the day he did not transfer a payment he was supposed to transfer to the fund, he will be able to join the fund from the date he announced his will to join again, without the need to fill out a new health declaration, but he will have to complete the payments he did not make until that date.
- If he requested to rejoin the fund after 6 months have passed from the date of the cancellation of the membership and/or from the day he did not transfer a payment he was supposed to transfer – he will be required to comply with the fund’s conditions as a new member, including filling out a new health declaration for him and his spouse as stated in section 3.5 above.
- A contributing member will be allowed to rejoin at any time, without having to pay for the period in which he did not make payments.
- A subscribing member whose membership has been terminated for any reason – is not entitled to any refund of payments he made before his membership was terminated.
- The decision to provide assistance in the event of a disaster::
- The right to apply and request assistance from the fund is granted to a subscribing member (in the event of the death of his/her spouse) or to the spouse of a deceased subscribing member and/or to the descendants of a deceased subscribing member and/or to the descendants of the deceased spouse.
For this matter, in the event of the death of a subscribing member, all the unmarried children of the person who registered as a subscribing member, including children from previous marriages, who are not yet 30 years old at the time of death (hereinafter: “orphan”) will be considered eligible.
In the event of the death of a subscribing member’s spouse, all unmarried children of the deceased spouse, including children from previous marriages, who are not yet 30 years old at the time of death, will be considered eligible.
A legally adopted child will be considered an eligible child.
In these regulations: “Spouse” – the person who the subscribing member recently notified before the occurrence of an eligibility case that he should be considered a spouse, for the purpose of membership in the fund, provided that he was married to him at the time of registration or in the past according to the religion of Moshe and Israel, and all the details mentioned in section 3.4-3.5 above were filled in regarding him, including a statement regarding his medical condition. As far as the subscribing member registers twice in accordance with section 2.3 above, he will have to transfer such details with reference to the spouse relevant to that subscription.
- In the case of an application as mentioned in section 6.1, the fund will work to find out all the relevant data for examining aid to the eligible.
- A prerequisite for receiving assistance from the fund will be a letter from the deceased’s family doctor or from a doctor who accompanied him before his death, indicating the circumstances of the death. In the event that a subscribing member or his/her spouse dies from a life-threatening illness as defined above or from the complications arising from it – the doctor will indicate the date when the illness was first discovered. If that the illness was discovered for the deceased and/or his/her spouse before the date of admission to the fund or there was a reasonable fear of the existence of the illness before the date of admission to the fund, assistance will not be provided.
- In the event that a subscribing member and/or his/her spouse dies who declared that he/she was ill with a life-threatening illness and was accepted as a subscribing member subject to the proviso detailed in section 3.5 above, a prerequisite for receiving any amount from the fund will be that the death was under the circumstances of the privileges as specified in section 3.5 above.
- The fund will operate in accordance with the set of considerations and criteria detailed below, when it comes to providing assistance to an orphan or orphans. As a rule, the aid is intended mainly for wedding and/or higher education needs (hereinafter: “the needs of the orphan”):
- Each orphan will be entitled to receive at least NIS 50,000 as assistance for the orphan’s needs.
- In cases where, according to the advisory committee’s opinion, the needs of the orphans, all or some of them, will be greater, the committee will be entitled to recommend the provision of increased assistance above an amount of NIS 50,000, but in any case no more than NIS 150,000 for each orphan or any of the orphans.
Since it is charity funds, it is agreed that the increased amount will not be collected in the event that the advisory committee assesses that the orphan and/or his immediate family have excess assets that will enable the orphan’s needs to be financed in a reasonable manner even without the aid of the fund.
- The fund will be allowed to demand, at its discretion, also the receipt of additional details and various documents for the purpose of formulating the decision whether to provide aid and at what amount. These documents may also refer to the financial situation and/or any other matter. As necessary, a professional representative from the fund will meet with the family members or any of them and will examine the extent of the need of the beneficiaries to receive assistance from the fund. The fund has the sole discretion to prevent assistance or part of it in the event of not receiving the documents requested by the fund.
- The information collected will be presented to the advisory committee, and after examining the totality of the circumstances, the advisory committee will recommend to the fund’s management whether and for whom to collect increased assistance, what its scope is, as well as any other conditions and/or requirements in connection with the provision of assistance.
- The aid funds collected for each orphan will be managed in accordance with what is stated in section 8 below and will all be released to the orphan upon his marriage, and in any case not later than when he reaches the age of 30. Confirmation of marriage registration in a recognized rabbinate in Israel together with an invitation to the wedding will be a reference for the release of the funds in preparation for marriage.
- In the event that the orphan submits an application for financing higher education along with a payment schedule, the fund’s management will be entitled to release funds for that purpose, from the amount of money raised for the orphan’s needs, to the extent determined by the fund’s management.
- Although the purpose of the fund is assistance towards marriage and/or higher education, the advisory committee will be entitled to recommend payment Ex gratia, to an orphan who married within 24 months prior to the day of death. In such a case, the aid will not exceed NIS 100,000 for an orphan.
- In cases of financial difficulty, it will be possible to transfer to and/or for the orphan an amount of up to 30% of the amount of eligibility set for him even during the years before his marriage, this is to take care of his other essential needs or those related to him.
- It will be emphasized that in light of the nature of the fund as a charity fund, any money transfer from the fund will be in accordance with these rules and the discretion and recommendation of the advisory committee. The fund’s decision will be final, without any possibility of a claim for indemnification and/or compensation and/or grievance of any kind anywhere and in any court.
- Despite what is stated elsewhere in the bylaws, it is clarified that in the event of a large number of deaths not due to natural causes (such as war, earthquake, natural disasters and epidemics), and/or in the event that the advisory committee decides that the situation does not allow collection from the members (such as a large number of orphans, inflation in the economy or any other situation) or in an exceptional case such as suicide, the advisory committee will be entitled to determine whether to make a collection in the event of death and in what amount.
- Fund collection:
- Following the death of a subscribing member and/or his/her spouse and a decision being made regarding the amount of assistance, the foundation will activate the mechanism of collecting the funds from all subscribing members and contributing members.
- The mechanism is based on the collection of funds through bank direct debit and/or credit card from the members of the fund.
- The amount that will be collected from each member following the death of a subscribing member and/or his/her spouse will be equal to the amount that the fund decided to collect for the orphans of the subscribing member and/or his/her spouse divided by the number of members in the fund. According to the fund’s decision, the collection amount may be divided for each orphaned for more than one month.
- The fund will be entitled to collect an amount of up to NIS 4 per month from all subscribing members and contributing members for expenses.
- In any case, the collection amount from each subscribing member or contributing member will not exceed NIS 64 per month. If a higher amount is required (due to the accumulation of a large number of orphans, or a number of deaths), the balance of the amount required for collection will be transferred to the following month(s).
- The fund may increase the collection amount according to the level of the consumer price index.
- In order to avoid unnecessary fees, each member must notify the association in advance of any change in his bank details, and/or of any reason that may cause the charge to be declined by the bank where the account is maintained, as well as any change in his contact details, including phone number/address or email.
- A subscribing member or a contributing member who did not accept the payment requirement can repay his debt plus the bank’s decline fee up to 90 days from the collection date, by credit card payment or by bank transfer to the association, along with sending the details and a reference for payment to the association’s offices.
- Management of the orphans’ funds:
- Until the time when the orphan will be entitled to withdraw the funds collected for him, all funds will be invested in investment routes in accordance with the fund’s guidelines.
- The amounts intended for the orphans will be managed in separate accounts by the fund’s management or through separate insurance/savings policies that will be managed by the insurance company chosen for this purpose, and spending money for the family’s needs will only be done with the permission of the fund or someone on its behalf.
- The fund will be entitled, according to the guidelines of the advisory committee, to determine practical ways to preserve the orphan’s money and transfer it to the orphan. In this framework, the fund will be entitled to transfer the management of the funds, their investment and their custody to external entities such as banks and/or insurance companies and/or recognized financial entities. Notice of this will be given to the living parent, and/or the guardian and/or the eligible orphans, all as the case may be. The fund is entitled to request that the funds will be managed exclusively in investments that have approval that they invest in entities that do not operate contrary to Jewish law.
- Assistance in the event of the death of both parents:
- In the event that after a subscribing member and/or his/her spouse died and the orphans received funds, and the member or spouse continues to be a subscribing member of the fund or is registered as a subscribing member, and the other parent also passes away, the orphan children will be entitled to additional assistance in accordance with the rules mentioned in section 6 above (between NIS 50,000 and NIS 150,000 per orphan).
- In the event that both parents died together or with a difference of 12 months or less, the eligible orphans will be entitled to assistance only once, however the fund will be entitled to decide on providing an additional amount of up to NIS 50,000 (above the NIS 150,000) for each orphan, as it finds that their financial situation of the orphans requires it.
All disputes arising from this agreement will be discussed in accordance with Torah law by HaGaon Rabbi Yaacov Ariel Shlit”a.
10.2 Signing these regulations is signing an arbitration agreement, and any claim arising from this agreement will be heard exclusively by Rabbi Ya’akov Ariel Shlit”a. If for any reason Rabbi Ariel will not be able to deal the dispute, an alternative arbitrator will be appointed by the chief rabbi of Israel Shlit”a. It will be emphasized that the arbitrator will not be subject to the rules of law and the laws of evidence and that the applicable law is the Torah law.
- Limitations -the limitation period to apply for assistance is limited to 24 months from the date of the death of the subscribing member and/or his/her spouse or from the date of the knowledge of which of the family members of the subscribing member and/or his/her spouse subscribed to his/her membership in the fund, however not more than 5 years from the date of death of the subscribing member and/or his/her spouse. In any case, the determining date for the orphans eligibility will be the date of death of the subscribing member and/or his/her spouse.
- Contact with the orphan – as long as the orphans have not reached the age of 18, and/or as long as no other notification has been given by them after the age of 18, all contact between the fund and an eligible family, including the eligible orphans, will be carried out through the guardian of the orphans, and in the event that no guardian is appointed – through the living spouse.
- Evidence – the burden of proof these regulations are held, including the rules that qualify for assistance from the fund, rests with the claimant.
- Transitional provision – These regulations will apply from 02 April 2022, including to all members who joined the fund even before this date, and until this date the provisions of the previous regulations will apply. It is clarified that the mandatory medical questionnaire for each subscribing member and/or his/her spouse is the questionnaire that was in effect at the time of his/her registration to the fund.