Manila City Retirement Gratuities Act

Ask AI

Acts No. 4270: Manila City Retirement Gratuities Act

What do you want to know about the law?
Ask AI quickly gives answers based only on the current context to avoid mistakes. Always verify with the original text.

New Chat Started

Ask AI

Title Source: Supreme Court: Manila City Retirement Gratuities Act

Law: Acts No. 4270

Decision Date: Nov 14, 1935

The Philippine Jurisprudence case examines Act No. 4270, which provides retirement gratuities to officers and employees of the Government of the City of Manila, including the calculation of gratuity amounts, transferability of payments, choice between benefits, payment in case of death, reappointment and refund policies, abolishment of vacated positions, exclusions, appropriation of funds, and the effective date of the Act.

Law Summary

Preference in Retirement or Separation

Department Head must prioritize retirement/separation of those unfit due to age, mental, or physical incapacity
Governor-General appointees require Governor-General approval for retirement

Gratuity Calculation and Payment

Based on highest basic salary received during service
Paid monthly at 33⅓% of monthly salary except those entitled to one month or less, paid immediately
Secretary of the Interior may approve selling, transferring, or ceding gratuity rights to investment funds or banks
Gratuity payments are exempt from attachment or execution

Choice Between Gratuity and Other Pension Benefits

Retiring employees entitled to other pension benefits (e.g., Teachers' Retirement, Philippine Health Service) may choose between those benefits or gratuity under this Act
Cannot receive benefits under more than one law
Choosing special pension entails retirement under that law; choosing gratuity requires refunding contributions made to other pension funds

Payment of Gratuity Upon Death

Unpaid gratuity or balance due upon death paid to legitimate heirs
If gratuity rights sold or discounted, payments go to the investment fund or bank holding the rights

Reappointment and Waiver of Future Gratuities

Reappointed persons waive future gratuity claims
Those who discounted gratuity must refund unexpired portion upon reappointment

Abolition of Vacated Positions

Positions vacated by retirement or separation under this Act considered abolished automatically
Exceptions for Police and Fire Department members retiring at age 60
Salaries for refilled Police/Fire positions capped at two-thirds of former incumbent’s salary

Limitations on Applicability

Voluntary resignation due to reduced pay (less than 30%) or transfers do not entitle to gratuity
Abolition of double compensation or other causes not covered do not grant benefits

Appropriation of Funds

City of Manila municipal board to appropriate necessary funds from unappropriated City Treasury funds

Effectivity

The Act took effect upon approval on November 14, 1935

END