Professional Documents
Culture Documents
Applicable provisions
Benefits under the laws
Example illustrative
cases
PRESENT LAWS
PROVIDING FOR
RETIREMENT &
SEPARATION
SALIENT PROVISIONS ON
RETIREMENT
OF THE PRESENT LAWS
PERTINENT RETIREMENT
PROVISIONS
Sec.39,
RA
6975
Compulsory
Retirem
Sec.39, RA 6975 - Compulsory Retirement
Sec.40,
Optional
Sec.40,RA
RA 6975
6975 - - Optional
Retirement
Sec.35,RA
RA 8551
8551 - - Total
Permanent
Physical
Retirement
Sec.35,
TPPD
Retirement
Disability (TPPD) Retirement (Sec.73, RA 6975
as amended)
Sec.74,
One(1)Rank
Higher Ben
Sec.74,RA
RA 6975
6975 - - One
Rank Higher
Benefits
Sec.34,
Retirement
Benefits
Sec.34,RA
RA 8551
8551 - - Retirement
Benefits
(Sec.75, RA 6975 as amended)
Sec.76,
Death/Disability
Ben
Sec.76,RA
RA 6975
6975 - - Death/disability
Benefits
Sec.71,RA
RA 6975
6975 - - Longevity
Pay Benefits
Sec.71,
Longevity
Pay Benefi
Compulsory
AREA OF CONCERN
Retirement
Compulsory
Optional
Retirement
Optional Retirement
Retirement
Total Permanent
Disability Benefits
(Section 73 of RA 6975
as amended)
56 years old
(Sec.39, RA
56 years old (Sec.39,
20
years
of
6975
)
RA
6975)
active
20
years ofservice
active
PERTINENT PROVISIONS OF
LAW
service
(Sec 40.RA
(Sec 40.RA
6975)
6975)
ILLUSTRATIVE CASE
Name: SPO4 Juan Dela Cruz
Date Retired: 16 September 2009
LENGTH OF SVC: 34YRS, 7 MONTHS, 18 DAYS = 86.564%
BASE PAY: P18,334.00 (Pay of INSP - 1RH)
LONG PAY: P9,167.00 (5th LP)
FORMULA FOR COMPULSORY/OPTIONAL RETIREMENT BENEFITS:
(BASE PAY + LONG PAY) X (50% + 2.5%/YEAR BEYOND 20
YRS
BUT NOT TO EXCEED
COMPUTATION:
FOR MONTHLY PENSION
90%)
BASE PAY
= P18,334.00 (Pay of INSP - 1RH)
COMPUTATION:
PENSION
+ 5th LONG FOR
PAY)MONTHLY
= P 9, 167.00
BASE PAY
= P18,334.00 (Pay of INSP - 1RH)
-----------------+ 5th LONG PAY) =
9,167.00
P P27,501.00
-----------------x 86.564% (50% + 2.5% increase for
P 27,501.00
every year of active service beyond
x 86.564% (50% + 2.5% increase
20 yrs
for
every
of active90%)
service
beyond 20
but
notyear
to exceed
= 36.564%
yrs
---------------------------------------------------but not to exceed 90%) = 36.564%
ILLUSTRATIVE CASE
Name: SPO4 Juan Dela Cruz
September 2009
Date Retired: 16
(MONTHLY
PENSION) (36 MONTHS) = 3 YEAR
COMPUTATION: FOR 36 MOS./3 YR-LUMP SUM
LUMPSUM
(P 23,805.96
/ MO.)
(36 MOS.)
= P 857,014.96
(MONTHLY
PENSION)
(36 MONTHS)
= 3 YR LS
P 23,805.96 (36) =
SUM)
(3-YEAR LUMPSUM)
857,014.96
ILLUSTRATIVE CASE
Name: SPO4 Juan dela Cruz
Date Retired: 16 September 2009
LENGTH OF SVC: 34YRS, 7 MONTHS, 18 DAYS
BASE PAY: P18,334.00 (Pay of INSP - 1RH)
AREA OF CONCERN
PERTINENT PROVISIONS OF
LAW
Compulsory
Retirement
Optional Retirement
a
(Sec.35, RA 8551) A member who is
member
who
permanently
and totally
disabled asis
a result of injuries suffered or
permanently
and
sickness
contracted
in
(Section 73 of RA 6975 performance of his duty shall the
be
totally
disabled
as
entitled to one years salary and to
as amended)
lifetime
pension equivalent
to 80%
a result
of injuries
of his salary; and should said
suffered
or
member
die within five years from
his retirement, his surviving legal
sickness
spouse
or children shall be entitled
to
the pension for the remainder
of
contracted
in
the
the five years guaranteed period.
TPPD
Total Permanent
Retirement
Disability Benefits
ILLUSTRATIVE CASE
Name: SPO4 Juan dela Cruz JR
Date Retired: 16
September 2009
One Rank
One Rank Higher
Higher
Benefits
Benefits
AREA OF CONCERN
Retirement
at one OF
(1)
PERTINENT PROVISIONS
LAW higher than the
rank
permanent
grade last
Uniformed personnel
shall be
retired one
(1) rank higher
than the
held;
requires
at least
permanent
grade
last
held;
one
(1)
year
of
active
provided that they have served for
service
in the
permanent
at least one
(1) year
of active
service in(Sec
the permanent
grade;
grade;
74, RA 6975)
(Sec 74, RA 6975)
Retirement Benefits
(Section 75 of RA 6975
as amended)
COMPULSORY
or
36
Gratuity
COMPULSORY
OPTIONAL
TPPD
months LP
Gratuity or 36
Gratuity or 36 months Gratuity of one year
%
of
pension
months LP
LP
salary
depends
upon
% of pension
length
of
svc % of pension depends
depends upon length
upon length of svc
rendered
not
to
of svc rendered not to rendered
exceed
90%,
36
exceed 90%,
for for
36 yrs
yrs
& over
&
over
CAL
CAL
of
Restoration
Restoration
CAL
CAL
of Restoration of monthly Lifetime pension
monthly
after
pension after 3 yrs to
monthlypension
pension
3
yrs to
life
after
3 life
yrs to life
Adjustment
of
Adjustment
of
pension
every
pension every increase
increase
in pay
in pay of active
PNP of
active
PNP members
members
Adjustment of pension
every increase in pay of
active PNP members
equivalent to 80%
(BP+LP) starts upon
approval of TPPD
Adjustment of
pension
- 65- Old age pension - 65
Oldage
age
pension
Old
yrs
old for
AFP
65 yrs
oldformer
for former
mbrs
w/ at least
yrs
AFP mbrs
w/ at6 least
military
svc; 60 svc;
yrs old
6 yrs military
60
for former INP
yrs old for former
OPTIONAL
or
36
Gratuity
COMPULSORY
OPTIONAL
TPPD
months LP
Gratuity or 36
Gratuity or 36 months Gratuity of one year
of
pension
months LP
LP%
salary
% of pension
& over
CAL
Restoration of
Adjustment of
members
Long Pay
CAL
Restoration
CAL
of
monthly pension after
Restoration of monthly
3
yrs toafter
life 3 yrs to
pension
life
Adjustment
CAL
Lifetime pension
equivalent to 80%
starts upon
of (BP+LP)
every approval of TPPD
pension
increase
inof pension
pay of Adjustment of
Adjustment
every
in pay of
pension every increase
activeincrease
PNP members
active PNP members
TPPD
Gratuity of one
COMPULSORY
OPTIONAL
TPPD
year salary
Gratuity or 36
Gratuity or 36 months Gratuity of one year
months LP
LP
salary
% of pension
% of pension depends
& over
CAL
Restoration of
Adjustment of
members
CAL
Lifetime
pension
equivalent
to 80%
CAL
CAL
(BP+LP) starts upon
Lifetime pension
Restoration of monthly
approval of TPPD
pension after 3 yrs to
life
equivalent to 80%
(BP+LP)
starts upon of
Adjustment
approval
pension of TPPD every
Adjustment of pension
increase
in ofpay of
Adjustment
pension
every
increase
active PNP
members
AFP
w/ at -least
yrs old for former AFP
6
yrs military svc; 60
mbrs w/ at least 6 yrs
yrs
oldsvc;
for
former
military
60 yrs
old
INP
for former INP
Pensionfmfm
BOTH
Pension
BOTH
PNP
Death &
AREA OF CONCERN
Disability
Death & Disability
Benefits
Benefits
Death
A uniformed personnel
and/or his/her heirs shall
PERTINENT PROVISIONS OF
be
LAWentitled to all benefits
relative
to the death or
A uniformed personnel
permanent
and/or his/her incapacity
heirs shall beof
said
personnel.
76,
entitled
to
all (Sec
benefits
relative
RA
6975)to the death or
permanent
incapacity
of
Any
uniformed
said personnel. (Sec 76, RA
personnel,
with at least
6975)
Death
considered as
separated
for
survivorship benefits
(Sec. 10 of Res. 8)
shall
be posthumously
of ten (10%) percent of their basic
retired
for purposes
monthly salaries
for every fiveof
benefits
of service, which shall be
Any
uniformed
years
reckoned from the date of the
personnel,
with
less than
personnels original
appointment
in
20
yrs
active
service,
the AFP
or in the
police, fire,
jail OR
OTHER dies
ALLIEDin
SERVICES
prior
to
who
line of
duty
the integration
of the PC/INP;
shall
be posthumously
provided that the totality of such
separated
for purposes
longevity pay shall not exceed fifty
Disability
TPPD
in LOD, with at
least
20
yrs
active
PERTINENT shall
PROVISIONS
OF any
Sec.
73, RA
(Under
service,
entitle
AREA OF
CONCERN
LAW
6975)
uniformed
pers
to 1
years
salary personnel
&
to
A uniformed
as
amended
by
Death
& Disability
lifetime
and/or his/her heirs shall
pension
be
Benefits
Sec. 35, RA 8551 equivalent
entitled
to toall80%
benefits
of his
TPPD
in
with less
relative
to LOD,
the death
or
last
salary
than
20 incapacity
yrs
active
permanent
of
service,
said personnel.
shall (Sec
entitle
76, RA
any
(Under Sec. 8, Res. 8 in
relation to Sec.73, RA
6975)
uniformed
pers
to 1
6975)
years
salary of the
& PNPto
Uniformed personnel
Longevity Pay
lifetime
pension
shall be entitled to a longevity
pay
as amended by
of ten (10%) percent
of theirof
basic
equivalent
to 80%
his
Sec. 35, RA 8551 salary
monthly salaries for every five
years of service, which shall be
Disability
other
reckoned
from the
date of than
the
TPPD,
qualifies
personnels original appointment
in
the AFP or in the person
police, fire, jail OR
for
(Under Sec. 9 of Res. 8 in concerned
OTHER ALLIED
SERVICES prior
to
optional
separation
with
relation to Sec. 73, RA
the integration of the PC/INP;
a
separation
gratuity
pay
provided
that
the
totality
of
such
6975)
equivalent
to not
1exceed
mo. fifty
(BP
longevity pay shall
Disability
Disability
DEATH BENEFITS
1. Monthly Pension from PNP
2. Commutation of Accrued Leave (CAL)
3. Benefits Payable By The NAPOLCOM pur.
to PD 1184
the monthly
pension
pursuant to
Sec. 12, Res.
8 in relation
to Sec. 2 & 3
of Res. 8
Note:
pensioner
after retirement
died
the monthly
pension
pursuant to
Sec. 14, Res.
8 in relation
to Sec. 4 of
Res. 8
the monthly
pension
pursuant to
Sec. 15, Res.
8 in relation
to Sec. 10 of
Res. Number
8
Transfer of
the monthly
pension
pursuant to
Sec. 35, RA
8551
Equivalent to 100% of
Transfer of
the monthly
pension for
the
remainder of
the five (5)
years
guaranteed
DIFFERENCE
IN
BENEFITS UNDER TPPD
(SURVIVORS)
-Compulsory retirement
with TPPD, for those
with at least 20 years of
active service, entitles
survivors to adjustments
in
monthly
pension
whenever
there
is
increase in pay for those
still in active service
-Compulsory retirement
with TPPD, for those
with less than 20 years
of active service, does
not entitle survivors to
AREA OF CONCERN
PERTINENT PROVISIONS OF
LAW
Longevity Pay
Longevity
Pay
ten
(10%)
percent
Uniformed
personnel
of the PNPof
their
basic
monthly
shall
be entitled
to a longevity
pay
of
ten (10%) percent
of their basic
salaries
for every
five
monthly salaries for every five
years
of service, which
years of service, which shall be
shall
reckoned be
fromreckoned
the date of from
the
personnels
original appointment
in
the
date
of
the
the AFP or in the police, fire, jail OR
personnels
original
OTHER ALLIED SERVICES prior to
appointment
AFP
the integration ofinthethe
PC/INP;
provided
that police,
the totality
of such
or in the
fire,
jail
longevity pay shall not exceed fifty
OR
OTHER
ALLIED
(50%) percent of the basic pay.
SERVICES
(Sec 71, RA 6975)
END OF
PRESENTATION