QuestionsQuestions (Republic Act No. 11059)
Republic Act No. 11059 is titled the “Retirement Law of the Office of the Ombudsman.” It establishes a retirement benefit system for the Ombudsman and certain covered officials/employees, augments their employee benefits, and appropriates funds for implementation.
It applies to the Ombudsman and his/her Deputies, the Special Prosecutor, and all officials and employees of the Office of the Ombudsman from Salary Grade 26 to 29 who perform legal prosecution, investigation, and corruption prevention functions and whose position requires membership in the Philippine Bar or a relevant master’s degree.
The Ombudsman’s retirement and other benefits are the same as those of the Presiding Justice of the Court of Appeals, provided the Ombudsman served in such capacity for a full term of seven (7) years, regardless of age or years in government service.
The Ombudsman’s Deputies and the Special Prosecutor receive the same retirement and other benefits as those of an Associate Justice of the Court of Appeals, provided they served in such capacity for a full term of seven (7) years, regardless of age or years in government service.
Their retirement and other benefits are the same as those of judges of Regional Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts, or other trial courts with the same salary grades.
Any increase after effectivity in the salaries, allowances, or retirement benefits, or any upgrading of salary grades/levels of the justices/judges referenced shall apply to the corresponding covered Ombudsman officials/employees.
If the official/employee rendered at least fifteen (15) years of service (in the Ombudsman or in any branch of government, or both) and retires upon attaining age sixty-five (65), or resigns due to incapacity to discharge duties certified by the Ombudsman.
They must have at least fifteen (15) years of government service, with the last five (5) years continuously rendered in the Office of the Ombudsman.
A pro-rata pension is computed as: (No. of years in government / 15 years) multiplied by (Basic Pay plus the highest monthly aggregate of transportation, living, and representation allowances).
Upon retirement, the official/employee is automatically entitled to a lump sum gratuity equivalent to five (5) years computed on the basis of the highest monthly salary plus the highest aggregate transportation, living, and representation allowances at retirement. After survival beyond five (5) years, an annuity payable monthly is provided during the residue of natural life.
The retiree receives a gratuity equivalent to ten (10) years of salary and allowances (highest monthly salary plus the highest aggregate transportation, living, and representation allowances).
If the retirement is accompanied by partial permanent disability contracted prior to retirement, the retiree receives an additional gratuity equivalent to two (2) years lump sum that he/she is entitled to under the Act.
Yes. When the Ombudsman, his/her Deputies, or the Special Prosecutor completes his/her full term with the Office of the Ombudsman, regardless of age or years in government service, they are entitled to retirement benefits under the Act.
His/her heirs receive a lump sum equivalent to five (5) years gratuity computed on the basis of the highest monthly salary plus the highest aggregate transportation, living, and representation allowances at the time of death. If the deceased had at least fifteen (15) years of government service (Ombudsman or any branch, or both), heirs receive ten (10) years gratuity instead.
When an Ombudsman official/employee was killed by reason of his/her duties as such, the heirs receive the ten (10) years gratuity (computed on the same basis). The law also provides a presumption that an intentional killing while in service is work-related.
No covered Ombudsman official/employee may appear as counsel in specified cases adverse to the government (civil cases with the government adverse; criminal cases involving government officers accused for offenses committed in relation to their office; and administrative proceedings with an interest adverse to the government). Also, if the person assumes an elective position, he/she cannot receive the monthly pension or allowances during the elected tenure.
Automatic Increase: pensions increase whenever there is an increase in salary and allowance in the same position from which the retiree retired. Survivorship: if a covered retiree dies during retirement, the surviving legitimate spouse and dependent children receive the retirement benefits the deceased was receiving; the spouse continues unless remarriage, with a rule that if the spouse already receives benefits under existing retirement laws, only the difference is due.
Yes. Section 8 provides retroactivity for those who retire, resign, or die one (1) year prior to the effectivity of the Act, granting the benefits stated in Sections 3, 4, and 7.
It takes effect after fifteen (15) days following publication in the Official Gazette or in at least two (2) newspapers of general circulation. Within sixty (60) days from effectivity, the Ombudsman must promulgate the IRR (implementing rules and regulations).