Title
Retirement Pay for PNP with Pending Cases
Law
Pnp Circular No. 2002-001
Decision Date
Jan 7, 2002
PNP Circular No. 2002-001 establishes the policies and procedures for the payment of retirement benefits to PNP personnel with pending criminal or administrative cases, ensuring that benefits are released under specific conditions while holding responsible parties accountable for any processing delays.

Law Summary

Scope

  • Applies to policies and procedures in payment of retirement benefits of Philippine National Police (PNP) personnel with pending cases upon retirement.

Objective

  • Establishes a system for payment of retirement benefits to PNP personnel retiring with pending cases, either optional or compulsory retirement.

Definitions

  • Retirement: Official separation from active service, either optional or compulsory.
  • Retirees: PNP personnel who retire either compulsorily or optionally.
  • Retirement Benefit: Monthly pay based on base pay and longevity, starting at 50% for 20 years of service, increasing by 2.5% per extra year up to 90% max.
  • Compulsory Retirement: Age 56 for uniformed, 65 for non-uniformed personnel.
  • Optional Retirement: At least 20 years of service, with approval by NAPOLCOM.
  • Permanent Physical Disability: Total disability in line of duty, compulsory retirement if 20+ years of service; otherwise, separation pay.
  • Lump Sum: Option for retirees to receive 5 years of retirement pay upfront; remaining benefits paid monthly.
  • Commutation of Leave Credits: Entitlement to convert unused leave credits to cash, excluding weekends and holidays.
  • Pending Administrative Case: Formal charge filed with disciplinary authority.
  • Pending Criminal Case: Information filed in civil court.
  • Restitution: Returning benefits received if forfeited/convicted.
  • Guarantor: Person pledging to pay obligations if retiree convicted.

Policies and Procedures

  • Pending criminal or administrative case generally does not bar payment of retirement benefits except in certain cases.
  • If criminal case penalty is less than prision mayor, benefits are released.
  • If penalty is prision mayor or higher, payment withheld unless a guarantor of equal or higher rank with 5+ years service acts as surety and undertakes joint restitution liability.
  • Pending administrative cases with penalty of dismissal block payment until final resolution.
  • For administrative penalties less than dismissal (e.g., suspension, demotion), benefits may be paid but amounts subject to forfeiture deducted.
  • Retiree must sign an undertaking for such deductions.
  • Retirement claims must be processed without delay regardless of case status.
  • Chief, PNP is the approving authority for retirement benefits release involving pending cases.
  • Instead of clearance, a certification stating pending cases is issued for clearance purposes.

Penal Clause

  • Personnel delaying processing of retiree claims face criminal/administrative charges.
  • Immediate superior officer liable under command responsibility.

Effectivity

  • Circular effective 15 days after filing at the University of the Philippines Law Center per EO No. 292 provisions.

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