Definition of Survivors and Conditions for Benefit Termination
- "Survivors" include surviving children of officers or enlisted personnel born within a valid marriage or adopted/acknowledged during active military service.
- The law provides a general rule that benefits to children terminate upon reaching 21 years old or upon marriage.
- An exception is made for children certified as mentally incapacitated by the AFP Medical Board, who are therefore exempt from benefit termination at age 21.
Implementing Agencies and Rulemaking
- The Department of National Defense (DND) Secretary and the Chief of Staff of the Armed Forces of the Philippines are mandated to issue necessary rules and regulations.
- These regulations must be promulgated within thirty (30) days after the Act becomes effective.
Legal Provisions: Separability, Repealing, and Effectivity Clauses
- Separability Clause: If any part of the Act is declared invalid or unconstitutional, other provisions remain effective.
- Repealing Clause: Prior laws, decrees, executive orders, rules, and regulations inconsistent with this Act are repealed or modified accordingly.
- Effectivity Clause: The Act takes effect thirty (30) days after publication in the Official Gazette or in three newspapers of general circulation.
Legislative History and Enactment
- The Act originated in the House of Representatives and underwent amendments by the Senate before concurrence.
- The law lapsed into effect without the President's signature in accordance with the Constitution.
- It is formally known as the "AFP Derivative Retirement Pension for Children/Survivors Act of 2016."