Question & AnswerQ&A (Republic Act No. 11059)
The short title of Republic Act No. 11059 is the "Retirement Law of the Office of the Ombudsman."
The law covers the Ombudsman and his or her Deputies, the Special Prosecutor, and all officials and employees in the Office of the Ombudsman from Salary Grade 26 to 29 who perform legal prosecution, investigation, and corruption prevention functions and whose positions require membership in the Philippine Bar or a Master's degree in a relevant field.
The Ombudsman enjoys the same retirement and other benefits as the Presiding Justice of the Court of Appeals, provided he or she has served a full term of seven years regardless of age or years in government service.
They enjoy the same retirement benefits as those of an Associate Justice of the Court of Appeals, provided they have served a full term of seven years regardless of age or years in government service.
They are entitled to the same retirement and other benefits as those of judges of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts, or other trial courts with the same salary grades.
An official or employee who has rendered at least 15 years of service in government or the Office of the Ombudsman and is at least 65 years old, or resigns due to incapacity certified by the Ombudsman, can retire and receive a pension based on the highest monthly salary plus allowances. Also, officials who are 60 years old with at least 15 years government service (with last 5 years continuous in the Office) are entitled to retire with the same benefits.
A lump sum gratuity equivalent to five years of the highest monthly salary plus the highest aggregate of transportation, living, and representation allowances at the time of retirement. For total permanent disability contracted during incumbency, the gratuity is equivalent to ten years. For partial permanent disability, an additional equivalent to two years is given.
The heirs of the deceased shall receive a lump sum of five years gratuity based on the highest monthly salary plus allowances at the time of death. If the official had rendered at least 15 years government service, the heirs shall receive a lump sum of ten years gratuity.
They may not appear as counsel before any judicial or quasi-judicial agency in any civil case where the government is an adverse party, in any criminal case involving a government officer or employee, or administrative proceedings adverse to the government.
Upon assumption of the elective position, the official or employee shall not receive the monthly pension or any allowances provided under this Act during their tenure as an elected official.
The surviving legitimate spouse and dependent children are entitled to receive all retirement benefits that the deceased was receiving or entitled to receive. The surviving spouse will continue to receive benefits during lifetime or until remarriage, but if the spouse is receiving benefits under another law, they will only get the difference.
Pension benefits of retired officials or employees shall be automatically increased whenever there is an increase in salary and allowances in the same position from which they retired.
A dependent child means a legitimate, illegitimate, or legally adopted child who is chiefly dependent on the deceased, not more than 21 years old, unmarried, not gainfully employed, or regardless of age is incapable of self-support due to mental or physical defect.
Yes, the benefits are granted to those who retired, resigned, or died one year prior to the effectivity of the Act.
The Ombudsman is responsible for promulgating the rules and regulations within 60 days from the effectivity of the Act.