Title
Supreme Court
Manila City Retirement Gratuities Act
Law
Acts No. 4270
Decision Date
Nov 14, 1935
The Philippine Jurisprudence case examines Act No. 4270, which provides retirement gratuities to officers and employees of the Government of the City of Manila, including the calculation of gratuity amounts, transferability of payments, choice between benefits, payment in case of death, reappointment and refund policies, abolishment of vacated positions, exclusions, appropriation of funds, and the effective date of the Act.

Q&A (Acts No. 4270)

The main purpose of Act No. 4270 is to provide for the payment of retirement gratuities to officers and employees of the Government of the City of Manila who were retired or separated from the service as a result of the reorganization of the city government by consolidation of activities or reduction of personnel and expenses.

The City of Manila is authorized to provide for the payment of retirement gratuities to its officers and employees retired or separated from the service under the conditions specified in the Act.

Regularly appointed officers and employees receive a gratuity at the rate of one month's salary or its equivalent for each year of service, including any fraction thereof, but not to exceed twenty-four months for those whose compensation exceeds twelve hundred pesos a year.

For those who receive twelve hundred pesos a year or less, the total retirement gratuity shall not exceed twenty-four hundred pesos.

Temporary officers and employees who have served at least five successive years before the approval of the Act shall receive a gratuity at the rate of one month's salary or its equivalent for each year of service and the proportionate fraction thereof, not to exceed twenty-four months.

No, persons serving on a part-time basis are not entitled to the gratuities authorized in this Act.

Yes, but by accepting reappointment, they shall forever waive all future gratuity payments or claims under the provisions of this Act. Also, if they have previously discounted their gratuity payments, they must refund the unexpired or unenjoyed portion before reappointment.

Preference should be given to officers or employees who, due to advanced age or physical or mental defects, are not fit to render efficient service in their positions.

Yes, with the approval of the Secretary of the Interior, the gratuity payments may be sold, transferred, or ceded to an investment fund under the control of the Insular Government or to any authorized bank.

No, the gratuity payments under this Act shall not be attached or levied upon execution.

They may choose between the benefits under this Act and other laws or special pension funds but cannot receive gratuities under more than one Act. If they choose the special pension, they will be retired under that law, and contributions made to that fund shall be refunded accordingly if they choose the gratuity under this Act.

Positions vacated due to retirement or separation shall not be filled and shall be considered abolished, except positions specifically created by law or exceptions like Police and Fire Department officers retired due to age.

They are not entitled to benefits under this Act unless the resignation is due to a reduction in compensation of thirty percent or more or other stipulated causes such as consolidation or abolition of double compensation.


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