Title
Philippine Army Retirement System Act
Law
Commonwealth Act No. 190
Decision Date
Nov 14, 1936
The Philippine Army Retirement Act establishes a retirement system for the Philippine Army, allowing officers and enlisted men to retire after a minimum of thirty years of service and receive a gratuity based on their average annual salary, with the option to waive benefits and receive a refund of contributions.

Eligibility Criteria for Retirement

  • Minimum eligibility requires 30 years of continuous satisfactory service and attaining the age of 55.
  • Retirement at minimum eligibility is optional but requires presidential approval.
  • Maximum eligibility is upon reaching 40 years of continuous satisfactory service or the age of 64, with at least 15 years of service.
  • Retirement at maximum eligibility is compulsory unless the President exempts the individual for the good of the service.
  • Officers and enlisted men with 20 years of service may voluntarily retire and receive a lump sum gratuity based on two percent of the average annual salary for each year of service.

Definition of Average Annual Salary

  • Defined as the average annual base pay received during the last three years of service.

Recall to Active Service and Effect on Retirement Benefits

  • Retired personnel residing in the Philippines may be recalled to active duty by the President.
  • During recall, they are entitled to full pay of their rank or grade.
  • Refusal to serve, when physically fit, terminates rights to retirement benefits.
  • Retirement pay ceases during recalled active service or if the retiree is employed by government entities with compensation equal or exceeding retirement pay.
  • If government compensation is less than retirement pay, the difference is paid from the Retirement Fund.

Computation and Conditions of Retirement Pay

  • Annual retirement pay equals two percent of basic pay on retirement multiplied by years of active service.
  • Maximum retirement pay is 50% of basic pay for commissioned officers and 60% for enlisted men and non-commissioned officers.
  • No retirement pay for separation due to misconduct, courts martial, resignation, or classification board actions.

Options for Regular Force Personnel Regarding Benefits

  • Members may choose to waive full benefits for:
    • Refund of contributions to the Philippine Constabulary Pension Fund.
    • Reduced retirement pay computed only for service after Dec 31, 1936.
  • Alternatively, accepting full benefits entails different percentage refunds of contributions based on years until eligibility:
    • 100% refund if eligible within 20 or more years from Jan 1, 1937.
    • 80% refund if eligible within 15 years.
    • 60% refund if eligible within 10 years.
    • 40% refund if eligible within 5 years.

Funding and Appropriations

  • Annual appropriations including "Purpose aPersonnel" of the Philippine Army’s budget must cover payments under this Act.
  • Existing appropriations for the Philippine Army Pension Fund from 1937 apply to retirement benefits under this Act.

Effectivity

  • The Act became effective upon its approval on November 14, 1936.

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