Question & AnswerQ&A (Republic Act No. 4917)
Republic Act No. 4917 aims to exempt retirement benefits of employees of private firms from attachment, levy, execution, or any tax whatsoever.
Officials and employees of private firms, whether individual or corporate, who receive retirement benefits under a reasonable private benefit plan maintained by their employer.
The retiring official or employee must have been in the service of the same employer for at least ten years and must be at least fifty years old at the time of retirement.
Retirement benefits cannot be attached, garnished, levied, or seized under any legal or equitable process except to pay a debt owed by the employee to the private benefit plan or liabilities arising from a criminal action.
It refers to a pension, gratuity, stock bonus, or profit-sharing plan maintained by an employer for the benefit of officials and employees, with contributions made by employer and/or employees, and with the fund used exclusively for their benefit.
The exemption from all taxes on retirement benefits is absolute as per the Act, provided the plan is reasonable and the employee meets the service and age conditions.
The benefits may be availed of only once by an official or employee.
Any amount received by the official or employee or their heirs from the employer due to such separation is also exempt from tax and legal processes as provided in this Act.
Yes, it applies to private firms whether individual or corporate entities.
The Act took effect upon its approval on June 17, 1967.