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.