QuestionsQuestions (PNP CIRCULAR NO. 2002-001)
It institutionalizes the policies and procedures for paying retirement benefits of PNP retirees who have pending criminal and/or administrative cases, covering how and when those benefits may be released despite pending cases.
A pending criminal case exists from the date the information is filed with the appropriate civil court.
A pending administrative case exists once a formal charge is filed with the appropriate disciplinary authority.
Retirement is official separation from active service, either optional (at the individual’s request with approval of NAPOLCOM) or compulsory (due to age/service), and “Retirees” are PNP personnel who retire whether compulsory or optional.
Monthly retirement pay is fifty percent (50%) of the base pay and longevity pay of the retired grade for 20 years of active service, increasing by 2.5% for every year beyond 20 years, up to a maximum of 90% for 36 years and over.
For uniformed personnel, compulsory retirement is upon attainment of age 56; for non-uniformed personnel, upon attainment of age 65.
Optional retirement is retirement upon accumulation of at least 20 years of satisfactory active service, at the officer’s request, with approval of NAPOLCOM.
If less than 20 years of active service, the member is separated and entitled to separation pay equivalent to 1 1/4 months of base pay for every year of service (or fraction thereof), plus longevity pay of the permanent grade.
If the pending case is criminal and the prescribed penalty is lesser than prision mayor, the retirement benefits shall be released to the retiree.
No payment is made unless a guarantor of equal or higher rank than the retiree, with at least 5 years more before compulsory retirement, executes an undertaking binding himself jointly and solidarily for restitution in case of conviction.
Restitution is returning benefits or compensation received by the retiree due to forfeiture/conviction by competent authority.
If the pending administrative case’s penalty upon conviction is dismissal from the service, retirement benefits are not paid until final resolution by any of the covered bodies (PNP, PLEB, Ombudsman, NAPOLCOM, or CSC).
Yes, retirement benefits may be paid if the penalty is not dismissal. If suspension or demotion is imposed, the amount that would be forfeited in favor of the government is deducted from the monthly pension, and the retiree must sign an undertaking as a precondition for receipt.
Offices concerned must process all claims regardless of the mode of retirement without delay—from filing of claims/retirement papers until issuance of checks.
The Chief, PNP is the approving authority for release of retirement benefits of PNP personnel with any pending case.
Instead of clearance, those with pending cases should be issued a certification stipulating the pending cases; offices must not delay processing due to non-issuance of clearance.
Any personnel who delays processing of retirement claims is subject to criminal and/or administrative prosecution, and the immediate superior officer must be included as a co-respondent under the doctrine of command responsibility.