Republic Act No. 10154 ensures that retiring government employees get their retirement pay, pensions, and other benefits quickly.
This law, approved on July 14, 2011, requires all government agencies to prioritize the timely distribution of these benefits.
The law also includes rules and penalties for those who delay the payments, ensuring the process runs smoothly.
What’s Inside?
About the Republic Act No. 10154
Republic Act No. 10154 ensures that retiring government employees receive their retirement pay, pensions, and other benefits promptly.
This law mandates that these benefits be released within 30 days from the employee’s retirement date, provided all necessary documents are submitted 90 days before retirement. It covers all government branches and agencies except the Armed Forces of the Philippines.
The Act also requires quick resolution of cases against retiring employees to avoid delays in benefit disbursement. Any unjustified delay in releasing benefits can lead to administrative penalties for responsible officers.
The law was approved on July 14, 2011, and aims to honor the service of government employees by ensuring they receive their due benefits without unnecessary delays.
What Does This Law Contains?
- Timely Benefits:
- The law requires that all government agencies quickly release the retirement pay, pensions, and other benefits of retiring government employees.
- Employees who have served the government should receive what they are owed immediately.
- Release Period:
- The heads of government agencies, along with the GSIS, Pag-IBIG Fund, and the Department of Budget and Management, must ensure benefits are released within 30 days from the employee’s retirement date.
- Employees need to submit all required documents at least 90 days before retirement.
- If all documents are in order, GSIS should pay benefits on the employee’s last working day.
- Pending Cases:
- If a retiring employee has a pending case affecting their benefits, the agency must resolve it within three months.
- If the agency fails to resolve the case within three months without a good reason, the benefits should still be released to the employee.
- Who Is Covered:
- The law covers all government branches, agencies, and government-owned corporations, except the Armed Forces of the Philippines.
- It applies to both mandatory and early retirement.
- Penalties for Delay:
- Officers who unjustifiably delay the release of benefits can face administrative disciplinary action, including suspension without pay for six months to a year.
- If the delay is due to unavoidable circumstances, the 30-day period starts once the issue is resolved.
- Rules and Regulations:
- After consulting with relevant agencies, the Civil Service Commission will create rules to ensure the law is followed.
- These rules will include standard timelines for filing retirement applications and releasing benefits.
- Other Provisions:
- If any part of this law is invalid, the rest remains effective.
- Any laws or regulations that contradict this law are repealed or modified.
- The law takes effect 15 days after being published in the Official Gazette or two newspapers of general circulation.
REPUBLIC ACT NO. 10154
AN ACT REQUIRING ALL CONCERNED GOVERNMENT AGENCIES TO ENSURE THE EARLY RELEASE OF THE RETIREMENT PAY, PENSIONS, GRATUITIES AND OTHER BENEFITS OF RETIRING GOVERNMENT EMPLOYEES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Declaration of State Policy. – It is hereby declared that it is the policy of the State to ensure the timely and expeditious release of the retirement pay, pensions, gratuities and other benefits of all retiring employees of the government. Public officers and employees who have spent the best years of their lives serving the government and the public should not be made to wait to receive benefits which are due to them under the law. Accordingly, it is hereby mandated that highest priority shall be given to the payment and/or settlement of the pensions, gratuities and/or other retirement benefits of retiring government employees.
Section 2. Period for Release of Retirement Benefits. – The head of the government agency concerned, the President and other responsible officers of the Government Service Insurance System (GSIS), the President and other responsible officers of the Home Development Mutual Fund (Pag-IBIG Fund) and/or the Secretary and other responsible officers of the Department of Budget and Management (DBM) shall ensure the release of the retirement pay, pensions, gratuities, and other benefits of a retiring government employee within a period of thirty (30) days from the date of the actual retirement of said employee: Provided, That all requirements are submitted to the concerned government agency at least ninety (90) days prior to the effective date of retirement: Provided, further, That in the case of the GSIS, it shall pay the retirement benefits of the retiring employee on his/her last day of his/her service to the government, pursuant to the GSIS Charter.
Section 3. Retiring Employees With Pending Cases, – In the case of retiring government employees with pending cases and whose retirement benefits are being lawfully withheld due to possible pecuniary liability, the head of the agency where such case is pending shall ensure that the said case shall be terminated and/or resolved within a period of three (3) months from the date of the retirement of the concerned, employee: Provided, That in case the concerned agency fails td terminate and/or resolve the case within the said period without any justifiable reason(s), the retirement benefits -due to the employee shall: be immediately released to him/her without prejudice to the ultimate resolution of the case; except, when the delay is deliberately caused by the retiring employee.
Section 4. Coverage. – This Act shall cover all branches, agencies and/or instrumentalities of the government, including government-owned and/or controlled corporations (GOCCs), excluding personnel of the Armed Forces of the Philippines, and shall be applicable both to applications for compulsory retirement and optional or early retirement as authorized by law.
Section 5. Penal Provisions. – The unjustified failure and/or refusal to release the pension, gratuities and other retirement benefits due to a retiring government employee within the periods prescribed above or to comply with any provision of this Act shall be a ground for the filing of administrative disciplinary action against the erring officer(s) and/or employee(s). Such erring officer(s) and/or employee(s) shall, after hearing and due proceedings, be penalized with suspension from the service without pay from six (6) months to one (1) year, at the discretion of the disciplining authority.
This penalty shall not apply if the release of the retirement benefits could not be accomplished due to force majeure and other insuperable causes. In such cases, the thirty (SO)-day period shall be counted from the time such cause(s) cease(s) to exist.
Section 6. Implementing Rules and Regulations. – The Civil Service Commission (CSC), after consultation and coordination with the government agencies and/or instrumentalities affected by this Act, including, but not limited to, the GSIS, the Pag-IBIG Fund, the Constitutional Commissions, the Legislature and the Judiciary as well as the Office of the Government Corporate Counsel (OGCC) and the Department of the Interior and Local Government (DILG), shall promulgate and issue the appropriate rules and regulations for the proper implementation of this Act.
Such rules and regulations shall include provisions prescribing uniform periods for the advance filing of retirement applications in the different agencies concerned, as well as standard periods for the processing and release of claims for retirement benefits, gratuities and allowances which will pinpoint responsibility in case of delay in the release thereof.
Section 7. Separability Clause. – If any provision, part or portion of this Act shall be held as invalid, the provisions, parts or portions of this Act not otherwise affected thereby shall remain valid and effective.
Section 8. Repealing Clause. – All laws, executive issuances, orders and rules and regulations contrary to or inconsistent with the provisions of this Act or any part thereof are hereby repealed, amended and/or modified accordingly.
Section 9. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation in the country.
Approved,
(Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives | (Sgd.) JUAN PONCE ENRILE President of the Senate |
This Act which is a consolidation of Senate Bill No. 2748 and House Bill No. 3862 was finally passed by the Senate and the House of Representatives on May 30, 2011 and June 1, 2011, respectively.
(Sgd.) EMMA LIRIO-REYES Secretary of Senate | (Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives |
Approved: JULY 14, 2011
(Sgd.) BENIGNO SIMEON C. AQUINO III President of the Philippines |
Here is a PDF version of the original text of the law for your review:
Disclaimer
This article is for informational purposes only. If you want to verify the original copy of the law, please search The Official Gazette website. For further understanding of the law, consider contacting the nearest lawyer in your area.
Conclusion
Republic Act No. 10154, enacted on July 14, 2011, mandates the timely disbursement of retirement benefits to government employees, excluding those in the Armed Forces of the Philippines.
It ensures retiring employees receive their retirement pay, pensions, and other benefits within 30 days of retirement, provided all necessary documents are submitted 90 days before retirement.
The law also specifies penalties for officers who delay these payments without justification, aiming to honor government workers’ service by ensuring they receive their due benefits promptly and efficiently.
Glossary of Terms
Term | Definition |
---|---|
Expeditious | Done with speed and efficiency |
Gratuities | Payments given as a reward for service |
Mandated | Required by law or rules |
Government Service Insurance System (GSIS) | Government agency that provides insurance and retirement benefits to government employees |
Home Development Mutual Fund (Pag-IBIG Fund) | Government agency that provides housing and savings benefits to Filipino workers |
Department of Budget and Management (DBM) | Government agency responsible for budget planning and management in the Philippines |
Pecuniary | Related to money |
Liability | Legal responsibility for something |
Instrumentalities | Agencies or organizations through which functions of a larger organization are carried out |
Government-owned and/or controlled corporations (GOCCs) | Companies that are owned or controlled by the government |
Penal Provisions | Sections of a law that specify penalties for violations |
Administrative disciplinary action | Punishment given to an employee for breaking rules within an organization |
Suspension | Temporary removal from a job or position |
Force majeure | Unforeseen and uncontrollable events preventing someone from fulfilling a contract |
Insuperable | Impossible to overcome or solve |
Promulgate | To officially announce or make known |
Constitutional Commissions | Independent government bodies established by the Constitution |
Judiciary | The judicial branch of government, responsible for interpreting laws |
Office of the Government Corporate Counsel (OGCC) | Legal office that provides legal services to government corporations |
Separability Clause | A provision in a law stating that if some parts are invalid, the rest remain effective |
Repealing Clause | A section of a law that nullifies previous laws that conflict with the new law |
Effectivity | The condition of being in effect or operational |
Official Gazette | The official publication for legal notices and public documents in the Philippines |
Reference
- Official Gazette. (2011, July 14). Republic Act No. 10154 pdf | GOVPH. Official Gazette of the Republic of the Philippines. https://www.officialgazette.gov.ph/downloads/2011/07jul/20110714-RA-10154-BSA.pdf