Question & AnswerQ&A (Republic Act No. 5095)
Republic Act No. 5095 provides for retirement benefits of municipal and city judges, and further amends certain sections of Republic Act No. 910 regarding retirement benefits of justices and judges in the Philippines.
Justices of the Supreme Court or Court of Appeals, judges of the Court of First Instance and other special courts, as well as city or municipal judges who have rendered at least twenty years of service in the judiciary or government.
They may retire after attaining the age of seventy years; or resign due to incapacity to discharge duties; or retire at age sixty with at least twenty years of government service, the last five continuously in the judiciary.
Retirees shall receive during their natural life the salary they were receiving at the time of retirement or resignation, subject to certain conditions outlined in the Act.
They cannot appear as counsel in civil cases against the government, in criminal cases involving government officers, or collect fees in administrative proceedings adverse to the government. Additionally, if they assume elective office, they shall not receive pension during the term of office.
Heirs receive a lump sum equivalent to five years’ salary based on what the justice or judge was earning at the time of death, provided the deceased was entitled to benefits under the Act.
Upon retirement, they are entitled to a lump sum equivalent to five years salary and thereafter a monthly annuity equivalent to their monthly salary at retirement for life, unless retirement is due to permanent disability, in which case a lump sum of ten years salary is given with no annuity.
Yes, they have the option to choose either the benefits under this Act or prior retirement gratuity Acts but may only receive the benefits of their choice.
They shall be entitled to benefits under this Act, but any prior gratuity received and not yet refunded must be deducted in monthly installments from the amount payable under this Act until fully refunded.
The Government Service Insurance System (GSIS) is responsible for the enforcement and operation of this Act.
Yes. From the month following approval or appointment, they are required to pay monthly premiums: Municipal judges at P40.00 and all others at P100.00 per month.