Title
CSC policies on retirement and reappointment age 65
Law
Csc Memorandum Circular No. 37
Decision Date
Sep 16, 1992
The Civil Service Commission establishes policies prohibiting the appointment of government employees who have reached the compulsory retirement age of 65, while allowing for limited reemployment as consultants under specific conditions.

Coverage and mandatory retirement age

  • Mandatory retirement age of 65 applies to all officials and employees in the government except:
    • elective officials;
    • Chairmen and Members of Commissions and Boards with fixed term of office;
    • Secretaries and other officials of Cabinet rank; and
    • other political appointees.
  • All other employees, including the personal and confidential staff of the above mentioned officials, are subject to the mandatory retirement age of 65.
  • No person who has reached the compulsory retirement age of 65 can be appointed to the exempted positions listed under the Circular (including the personal and confidential staff of those officials).
  • Appointees to positions in the primarily confidential staff must meet the qualification standard for the position except the civil service eligibility.

Appointment ban for those age 65

  • A person who has reached the compulsory retirement age of 65 is prohibited from appointment to the positions covered by the Circular’s restriction.
  • An appointment is not allowed to proceed where the appointee has reached 65 and the appointment would violate the Circular’s mandatory retirement rule.

Extension of service after age 65

  • The services of an employee who has reached the compulsory retirement age of 65 may only be extended for a maximum period of 6 months following the employee’s 65th birthdate.
  • The extension is allowed only if the employee is qualified for retirement and is not governed by a special law on retirement.
  • The extension must be based on a prior request by the proper appointing authority.

Retirement expertise: consultant appointment

  • The CSC allows the appointment of persons who have reached compulsory retirement age of 65 as Consultants to the Heads and other officials of departments and other agencies, including local government units.
  • These Consultant positions are governed by the concept that consultants are on call-basis.

Consultancy contracts and submission

  • The terms and conditions of Consultant employment are governed by Consultancy Contracts executed by and between the parties concerned.
  • Consultancy Contracts must be submitted to the Civil Service Commission for recording purposes.
  • Consultant arrangements operate under on call-basis terms as contemplated by the Circular’s framework.

Disapproval of appointments violating policy

  • Any appointment issued in violation of the Circular’s policy is subject to disapproval by the CSC.
  • Compliance with the Circular’s appointment rules is enforced through disapproval of non-compliant appointments.

Effectivity

  • The Circular takes effect immediately upon issuance.

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