Title
Armed Forces Uniform Retirement System Act
Law
Republic Act No. 340
Decision Date
Jul 26, 1948
The Armed Forces Retirement Act is a Philippine law that governs retirement and separation benefits for officers and enlisted men in the Armed Forces of the Philippines, providing guidelines for retirement eligibility, benefits, survivor benefits, rights and responsibilities of retired personnel, and separation benefits.
A

Retirement Benefits

  • Retirees may opt for either:
    • A lump sum gratuity equal to one month's base and longevity pay for each year of service.
    • An annual retirement pay equal to 2.5% of annual base and longevity pay per year of service, capped at 75% of total base and longevity pay.
  • Retirement pay excludes those separated for misconduct or certain other grounds except under specific conditions.

Survivor Benefits

  • Surviving legitimate, adopted, or acknowledged natural children and/or widow may receive 50% of the deceased's annual retirement pay.
  • Total payable amount is limited to a maximum based on years of service and base pay.
  • Payments cease when children reach 21 years or marry, or if the widow remarries.
  • No benefits accrue if the widow married the retiree post-retirement.

Retired Officers and Enlisted Men Obligations and Privileges

  • Retired personnel remain on the Army Register and subjected to military rules and court-martial jurisdiction.
  • They may be recalled to active duty; refusal without valid reasons terminates benefits.
  • While on active recall, entitled to full pay and eligibility for promotion within the retired list.
  • While inactive, retain privileges akin to active personnel subject to Presidential regulations.

Separation Provisions

  • Officers separated by Presidential directive based on Classification or Efficiency Boards recommendations (excluding cases involving misconduct) receive:
    • Honorably discharged with separation pay based on length of service.
    • Retirement for those with 20 or more years of service.
  • Physical disability separation leads to retirement with gratuity or annual retirement pay similar to regular retirement.

Service Credit and Computation

  • Service credit includes active duty in various recognized Philippine and allied military organizations and recognized guerrilla service.
  • Military service in the US Army or Philippine Scouts before July 4, 1946, counts towards eligibility and pay computations with conditions.
  • Six months or more service counts as a full year.

Rank and Pay Basis at Retirement or Separation

  • Retirement or separation shall be in the next higher or temporary rank held.
  • Gratuities and retirement pay computed based on the higher rank.

Funding and Appropriations

  • Annual appropriations must include sufficient funds for payment of retirement benefits, pensions, and gratuities.
  • The President can augment funds through unexpended balances to form a Special Fund.

Repealing Clause

  • Inconsistent laws and executive orders, including certain Commonwealth Acts, are repealed.

Coverage and Applicability

  • Applicable to Regular and Reserve Forces with specific provisions for Regular Forces.
  • Total service in the Reserve is considered continuous for retirement purposes.
  • Resignation from Regular commission after effectivity disqualifies prior service credit for retirement.

Effectivity and Retroactivity

  • Law takes effect upon approval.
  • Sections on retirement pay and survivor benefits have retroactive effect from December 8, 1941, under specified conditions.
  • No reduction in retirement benefits already being received upon effectivity.

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