QuestionsQuestions (Commonwealth Act No. 190)
CA No. 190 is the “Philippine Army Retirement Act.” It establishes a retirement system for the Philippine Army and appropriates funds for retirement benefits.
Service rendered as a commissioned officer or as an enlisted man in the Philippine Constabulary is given full credit when computing length of service for retirement eligibility under the Act.
Minimum eligibility: thirty (30) years of continuous satisfactory service and fifty-five (55) years of age. Upon reaching this eligibility, the officer or enlisted man may opt to retire from active service with the approval of the President.
Maximum eligibility: forty (40) years of continuous satisfactory service or upon attaining sixty-four (64) years of age with a minimum of fifteen (15) years continuous service. Upon reaching this period of eligibility, retirement is compulsory unless the President, in the opinion of the President, requires continued service for the good of the service.
He may, at his own request, be retired from active service. He receives a gratuity equivalent to two percent (2%) of his average annual salary for each year of satisfactory continuous service, payable in one lump sum.
Average annual salary is defined as the average annual base pay received during the last three (3) years of service.
Yes. All officers and enlisted men of the Philippine Army now drawing retirement pay and residing in the Philippines may be called by the President for active service. During such service, they receive the full pay of their rank/grade. Refusal, if physically fit for service (as determined by the Chief of Staff with Presidential approval), terminates their right to further participation in the benefit of the fund.
Retirement pay ceases upon: (1) return to active service; (2) failure to return when ordered by competent authority; or (3) employment by the National, provincial, city, or municipal governments with compensation equal to or more than the amount of retirement pay.
He is paid the difference from the Retirement Fund.
Annual retirement pay is equal to two percent (2%) of the basic pay received on the date of retirement for each year of active service, but not exceeding: fifty percent (50%) in case of commissioned officers, and sixty percent (60%) in case of enlisted men and non-commissioned officers, computed on the total base pay received on the date of retirement.
No. The rate is not applied to officers or enlisted men separated through the action of Classification Boards, Courts Martial, or as a result of their own misconduct, or resignation.
They may elect to waive the full benefits of the Act and instead receive (1) refund of contributions mentioned in section two of the Act providing for the liquidation of the Pension and Retirement Fund of the Philippine Constabulary, and (2) reduced retirement pay on the same rate herein provided, but only for years of active service after December 31, 1936. Alternatively, they may obtain full benefits of CA No. 190.
Refund of contributions is determined as follows: eligibility within twenty (20) years or more from January 1, 1937: 100% refund; within fifteen (15) years: 80%; within ten (10) years: 60%; within five (5) years: 40%.
It requires that annually sufficient amounts be included under “Purpose aPersonnel” of the annual appropriation of the Philippine Army to cover payments under Section 3. It also makes the 1937 appropriation for Philippine Army Pension Funds available for purposes of the Act relating to retirement benefits payments.
It takes effect upon its approval, i.e., after approval on November 14, 1936.