Title
Amends RA 1862 on retirement gratuity for retirees
Law
Executive Order No. 96
Decision Date
Dec 13, 1986
Executive Order No. 96 amends Republic Act No. 1862 to provide retirement benefits to excluded retirees who were paid gratuity but lacked wartime service, allowing them to receive annual retirement pay.
A

Questions (EXECUTIVE ORDER NO. 96)

The main purpose is to further amend Section Two of Republic Act No. 1862, as amended, to extend retirement pay benefits to certain retirees who were previously excluded due to lack of wartime service, and provide other related provisions.

Retirees who retired and were paid gratuity under Republic Act No. 340 and/or Republic Act No. 1616, with retirement effective after June 22, 1957 but before September 10, 1979, and who fall under at least clause (b) of Section 1 of RA 1862 as amended, but were excluded due to lack of wartime service in the Philippine Army or guerrilla organizations from December 8, 1941 to September 2, 1945.

They may elect to receive, in lieu of the gratuity previously paid, the annual retirement pay as provided in Section Two of Republic Act No. 340, as amended.

The widows and/or minor children of the said retirees may exercise the option within five years from the date of approval of the Executive Order if the retiree could not do so due to death.

No, nothing in this section authorizes payment of retirement pay which accrued prior to the approval of Batas Pambansa Blg. 644 on January 5, 1984.

The necessary funds for current and prior years since January 5, 1984, shall be charged against the current and future savings in the programmed appropriations for operating expenditures of the New Armed Forces of the Philippines. The annual implementation cost for adjustments to prevailing rates shall be charged against the earnings of the P200 million additional government contribution to the AFP Retirement and Separation Benefits Systems as provided in Presidential Decree No. 1909. Thereafter, the amount will be included in the annual General Appropriations Act.

It took effect upon its approval on December 13, 1986.

It further amends Section Two of Republic Act No. 1862, as amended by Batas Pambansa Blg. 644, and relates to Republic Act No. 340 and Republic Act No. 1616, as amended.

Yes, it recognizes the military service of retirees excluded from coverage due to lack of wartime service and accords them benefits under RA 1862, as amended.

The retirees must come within the purview of at least clause (b) of the preceding section of RA 1862, which defines specific eligibility criteria for retirement pay benefits.


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