Title
EO amending incentives for rationalization program
Law
Executive Order No. 77
Decision Date
May 8, 2012
Benigno S. Aquino III's Executive Order No. 77 revises the computation of retirement and separation incentives for government personnel affected by the Rationalization Program, ensuring that benefits are based on their actual monthly salary as of December 31, 2011, while prohibiting the creation of additional regular positions for five years.
A

Options Available to Personnel Affected by the Rationalization Program

  • Affected personnel can remain in their mother agency if skills and positions are available.
  • Redeployment to other agencies without salary reduction is allowed.
  • Option to retire or separate from government service with applicable incentives.

Previous Computation of Incentives Under EO No. 637

  • Incentives for personnel affected and opting for retirement/separation after 1 July 2007 were computed using monthly salary as of 30 June 2007.
  • These computations were pursuant to RA No. 660 or RA No. 8291.

Need for Updating the Basis of Computation

  • Government worker salaries have increased due to various Executive Orders and Congressional Resolutions between 2007 and 2011.
  • The law acknowledges the need to improve computation of incentives to recognize service of affected personnel.

Revised Guidelines on Incentive Computation (Section 1)

  • Incentives to be computed based on the actual monthly salary as of 31 December 2011.
  • Incentive factors under EO No. 366 remain applicable.
  • Only government service up to age 59 and a fraction of that age is counted towards computation.
  • Terminal leave and retirement/separation benefits remain based on prevailing rules.

Availment of Incentives Under Approved Rationalization Plans (Section 2)

  • Affected personnel from agencies with approved RP who chose to stay may avail retirement/separation/unemployment benefits within one month from the order's effectivity.
  • Computation based on monthly salary as of 31 December 2011.

Incentives for Personnel Retired or Separated Prior to this Order (Section 3)

  • Personnel who retired/separated from 1 July 2007 up to issuance of the order will have incentives based on their actual monthly salary at retirement.
  • Agencies need to recompute incentives and validate with DBM.
  • Subject to budgeting, accounting, and auditing regulations.

Suspension on Creation of New Regular Positions (Section 4)

  • No new regular positions for five years for agencies with approved RP.
  • Exceptions include:
    • Positions under the "scrap and build" policy with no additional cost.
    • Population-related roles such as policemen, teachers, medical positions.
    • Mandated new functions that cannot be absorbed internally, as determined by DBM.

Funding Source for Incentives (Section 5)

  • National Government to fund incentives for regular government agencies.
  • GOCCs/GFIs to use their own corporate funds.
  • National Government may assist GOCCs/GFIs facing funding shortages, except those exempt from the Salary Standardization Law.

Responsibility and Accountability (Section 6)

  • Department Secretaries and equivalent heads are responsible for strict implementation.
  • Officials authorizing violations bear responsibility for government expenses incurred due to non-compliance.

Repealing Clause (Section 7)

  • All inconsistent issuances, rules, and regulations are repealed or modified accordingly.

Effectivity of the Order (Section 8)

  • The order takes effect upon publication in the Official Gazette or newspaper of general circulation.

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