Title
Teachers' Pension Act of 1922
Law
Act No. 3050
Decision Date
Mar 10, 1922
Act No. 3050 provides annual pensions for eligible teachers in Philippine public schools based on years of service, with provisions for disability and death benefits, and establishes a fund for retirement allowances.

Questions (Act No. 3050)

Teachers, principals, supervisors, inspectors, superintendents, and other persons supervising/directing teachers’ school work in public schools of municipalities, provinces, and the Insular government—provided their positions are not purely clerical and they have rendered at least 20 years of service as computed under Section 7, without regard to status in the classified civil service.

No. Lecturers and other special instructors who render provisional service are not eligible for pension, and such services are not counted as teaching service in computing the length of service.

No. The Act expressly excludes persons who are not citizens of the Philippines or of the United States of America.

The annuity is a fraction of the average pay/salary/compensation for the three years of service prior to granting of the pension, with a maximum average pay not exceeding P4,000 per annum. Fractions are: 4/10 for 20 years; 5/10 for 23 years; 6/10 for 26 years; 7/10 for 29 years; 8/10 for 32 or more years.

Beginning April 1 next following approval of the Act, eligible persons are ‘automatically insured,’ but they must apply voluntarily for pension status. They must notify the Director of Education of their intention to retire at least three months prior to the effective date.

The Director may require continued service until the employee can be relieved, but the effective date of retirement must not be later than six months after the requested retirement date.

If the employee has rendered at least 15 years of service (computed under the Act) and becomes totally disabled for useful and efficient service regardless of age, upon the employee’s application (approved by the Director) or upon the Director’s request—provided the disability is not due to vicious habits, intemperance, or wilful misconduct.

Unfitness must be certified by both the Director of Education and a government health officer. The pensioner must personally present himself/her during January and July of each year to a public health officer to determine fitness to return to service and to cease receiving the pension.

It cannot be granted longer than 10 years. It ceases when the employee returns to service, neglects to return when requested, or engages in another gainful occupation with compensation equal to the pension.

The difference (so that the annuitant has received an amount equal to total contributions with accrued interest) is paid to the retired employee upon application, in the form and manner directed by the Pension and Investment Board.

Upon death of an employee entitled under the Act (rendering service or already retired), 50% of the pension the employee would have been entitled to if alive is paid to surviving acknowledged children of his/her issue for not to exceed 10 years, or to the surviving lawful husband or wife if there are no eligible children.

Pension funds shall not be paid to children over 18 years of age or to married children, and not to a remarried surviving husband or wife.

All eligible persons receive full credit for service rendered in the Philippine public school system prior to the Act’s operative date. The first day of service is when such service first began, and continuity of service is not required for computing length, except for the last three years prior to granting of the pension.

All periods of separation from service and such leave as is without pay are excluded, except regular school vacation periods for classroom teachers with temporary civil service status.

Section 8: Beginning the first day of the fiscal year following approval, include in appropriations a sum equal to 3% of total pay/compensation by Insular, provincial, or municipal legislation, transferred to the Teachers Retirement and Disability Fund. Section 10: Beginning the first day of the third month after approval, deduct 3% from each employee’s monthly basic salary/pay/compensation and transfer to the Teachers Pension and Disability Fund.

The Pension and Investment Board invests portions not immediately needed for annuity and expenses in interest-bearing securities of the Government of the Philippine Islands or the United States of America.

Refund is the total amount of deductions plus accrued interest at 4% per annum, compounded on June 30 of each fiscal year, returned in a lump sum upon application to the employee or heirs (with special timing rules upon death).

Pensions are paid quarterly on January 1, April 1, July 1, and October 1 by government warrant or equivalent safe delivery with no reduction due to exchange/transmission. If the pensioner receives lifelong annual pensions from the Philippine Government or any US federal branch, the amount is deducted through the operation of this Act.

Retirement is compulsory at age 65 if the teacher has attained that age and rendered 18 or more years of service as computed under the Act, unless the teacher requests to remain and the Director of Education recommends favorable action.


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