Duterte signs into law Ombudsman retirement benefit system

Dharel Placido, ABS-CBN News

Posted at Aug 20 2018 07:06 PM

MANILA - President Rodrigo Duterte has signed into law a measure establishing a retirement benefit system in the Office of the Ombudsman.

Republic Act 11059, signed by the President on August 17, states that the Ombudsman shall enjoy the same retirement and other benefits as those of the Presiding Justice of the Court of Appeals, provided that he or she shall have served in such capacity for a full term of 7 years.

The Ombudsman’s deputies and the special prosecutor, meanwhile, shall enjoy the same retirement benefits as those of an Associate Justice of the Court of Appeals, provided that they have served in such capacity for a full term of 7 years.

All other officials and employees covered by this law shall enjoy the same retirement and pother benefits as those of judges of local courts with the same salary grades.

The law applies to the Ombudsman, his or her deputies, the special prosecutor, and to all officials and employees of the Office of the Ombudsman from Salary Grade 26 to 29.

Under the law, when an official of the Office of the Ombudsman who has rendered at least 15 years of service in the Office of the Ombudsman or in any branch of government, retires for having attained the age of 65 or resigns by reason of incapacity to discharge his or her duties, he or she shall receive a retirement pension based on the highest monthly salary, plus the highest monthly aggregate of transportation, living and representation allowances which he or she was receiving at the of his or her retirement or resignation.

Meanwhile, an official who has attained the age of 60 and has rendered at least 15 years of government service, the last 5 of which must be continuously rendered in the Office of the Ombudsman, shall be entitled to retire and receive, during the residue of his or her natural life, the same benefits. However, those with less than 15 years of service in the government shall be entitled to a pro-rata pension.

Upon retirement, an Ombudsman official or employee shall automatically be entitled to a lump sum of five years gratuity computed on the basis of the highest monthly salary plus the highest aggregate transportation, living and representation allowances he or she was receiving on the date of his or her retirement.

In case an official or employee dies while in actual service, regardless of his or her age, his or her heirs shall receive a lump sum of five years gratuity pay plus the highest aggregate transportation, living and representation allowances he or she was receiving on the date of death.

If an Ombudsman official or employee who had rendered at least 15 years of government, his or her heirs are entitled to a lump sum of 10 years gratuity pay. 

The heirs of an Ombudsman official who was killed by reason of his or her duties, provided that he or she had served for at least 5 years in the Office of the Ombudsman, shall receive 10 years gratuity pay.

The law also states that when an Ombudsman official assumes an elective position in government, he or she shall not receive the monthly pension or any allowance during his tenure as an elected official.

All pension benefits of retired officials or employees shall be automatically increased whenever there is an increase in the salary and allowance in the same position from which they retired.

The law also states that the surviving legitimate spouse and dependent children of an official who died during his or her retirement shall be entitled to receive all the retirement benefits the official was receiving or entitled to receive.