My bookmarksSign up free

RA 5976 TITLE IV.&mdashGENERAL PROVISIONS

Section 21–25 · 5 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Service Credited.

Section 21

SEC. 21. Service Credited.—(a) For the purpose of and when used in this Act, "Government Service" means and shall include all the service rendered by the person in all offices, bureaus, agencies, or instrumentalities of the national, provincial or municipal governments. "Service as a commissioned officer" shall include service as cadet of the Bureau of Coast and Geodetic Survey, and service as an officer or enlisted person of the Armed Forces of the Philippines, including recognized guerrilla units during World War II. The phrase "continuous active service" means uninterrupted services in any of the preceding categories. (b) Whenever a provision of this Act prescribes a specified number of years of service for retirement, separation or entitlement to a benefit or mode of payment in money, it shall be understood that the years specified are complete years of three hundred and sixty-five days each. However, in computing the amount of benefits payable to an individual which is reckoned upon his years of service, a fraction of a year amounting to six months or more on his total creditable service shall be counted as a complete year, and any such fraction of less than six months shall be disregarded. (c) Officers of the Coast and Geodetic Survey who have retired optionally and receive a lump sum retirement pay under any other Act may avail of the full benefits of this Act by having their lump sum retirement pay charged to the three years pension provided in Section twenty-three of this Act. They will then be entitled to receive an amount equal to the difference between the said three years pension and the lump sum retirement pay that they received when they retired optionally. In these cases, such officers shall be entitled to receive the monthly gratuity provided in Section three of this Act starting from the date immediately following the end of the three years pension period as provided in Section twenty-three of this Act. The accumulated amount from such date to the date immediately before the effectivity of this Act shall be paid to the officer or officers concerned, and monthly gratuity payments will be paid to such officers from the date of the effectivity of this Act.

Section 22

SEC. 22. Exemption from Levy and Taxes.&mdashThe benefits herein granted shall not be subject to attachment, levy, execution, or any tax whatsoever.

Section 23

SEC. 23. Advance Payment of Retirement or Separation Benefit.&mdashAny person who is entitled to receive a monthly retirement or separation benefit under the provisions of this Act shall be entitled to receive in advance an amount equal to his pension for three years discounted for interest and mortality, effective upon his retirement or separation date.

Transitional Provisions.

Section 24

SEC. 24. Transitional Provisions.—(a) This Act shall not abrogate, decrease, or reduce the retirement pay or gratuity, separation pay, or other money benefit which any person is receiving or is entitled to receive on the effective date of this Act, or which he shall be entitled to receive under subsection (c) of this section, except to the extent that such person may be required by law to contribute a portion of his retirement or separation benefit to a common fund to support the funding requirements of this Act. (b) Any administrative proceeding or determination which on the date this Act takes effect shall have been terminated except for the final action of any approving, reviewing, or appellate authority, shall be finally decided and disposed of in accordance with the provisions of law under which the proceeding, transaction or question was originally heard or determined. (c) Any person eligible, on the date this Act takes effect, for retirement or separation under Republic Act Numbered Six hundred sixty, as amended, or Republic Act Numbered Sixteen hundred sixteen, or any provision of law repealed or modified by this Act, or who shall become eligible for such retirement or separation within six months from the date this Act takes effect, may be retired or separated under the provisions of such law within three years from the date of the effectivity of this Act, subject to the provisions of subsection (a) of this section.

Section 25

SEC. 25. This Act shall take effect upon its approval. Enacted without Executive approval, June 21, 1969.

Back to RA 5976 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

Continue your research