President Aquino signs
law on early release of state workers’ retirement benefits
Press Release
July
19, 2011
MALACAÑANG –
Government workers retiring from the service may soon enjoy their
retirement benefits and gratuities earlier than usual after President
Benigno Aquino III signed into law a legislation that would hasten the
release of such claims, Executive Secretary Paquito N. Ochoa Jr.
announced on Tuesday.
Ochoa said Republic
Act (RA) No. 10154, signed into law by President Aquino on July 15,
requires all state agencies to release the retirement benefits within
30 days after the actual date of retirement of a government employee.
It also provides for penalties for unjustified delays in the release
of these benefits.
RA 10154 shall take
effect 15 days following its publication in the Official Gazette or in
two newspapers of general circulation, Ochoa said.
Under the newly signed
law, Ochoa said the employer-agency, the Government Service Insurance
System (GSIS), Home Development Mutual Fund (HDMF) and the Department
of Budget and Management (DBM) are directed to ensure that all the
benefits of a retiring government worker are released on time.
“Government officers
and employees have spent the best years of their lives in public
service and it is only appropriate that they be extended what is due
them under our laws without unwarranted delays,” Ochoa said, noting
numerous complaints about the delay in the release of state workers’
retirement benefits.
He added: “RA 10154 is
consistent with the 1987 Constitution for the protection of the rights
of workers and the promotion of their welfare, as it is likewise in
accord with the GSIS Act of 1997.”
To ensure compliance
of the 30-day prescribed period, the law orders retiring employees to
submit their requirements to the concerned government agency at least
90 days before the effective date of their retirement.
In the event an
employee has a pending case and his retirement benefits are being
lawfully withheld due to possible financial liability, the head of the
agency handling the case is directed to terminate or resolve the case
three months prior to his actual retirement date.
Failure to resolve the
case within the prescribed period without justifiable reasons will
cause the immediate release of the employee’s retirement benefits
without prejudice to the ultimate resolution of the case.
RA 10154 covers all
branches, agencies and/or instrumentalities of the government,
including government-owned and/or -controlled corporations (GOCCs),
but excluding personnel of the Armed Forces of the Philippines (AFP).
The law shall be
applicable both to applications for compulsory retirement and optional
or early retirement as authorized by law.