Title
Constabulary Retirement on Part Pay After 20 Years
Law
Act No. 1638
Decision Date
Apr 30, 1907
A 1907 Philippine law allows officers and enlisted men of the Philippine Constabulary to retire after twenty years of service, receiving an annual compensation equal to two and a half percent of their total current pay, with limitations on the amount and conditions for eligibility.
A

Retirement Compensation and Limits

  • Retired officers receive an annual compensation equal to 2.5% of their total current annual pay per year of service.
  • Retired enlisted men receive an annual compensation equal to 2.5% of their total current annual pay and allowances per year of service.
  • Compensation is payable for life until death.
  • Maximum annual compensation is capped at 75% of the current pay (and allowances for enlisted men) at the time of retirement.

Funding and Liens

  • The Philippine Government is not financially responsible for the compensation or allowance payments.
  • Payments are made from the Pension and Retirement Fund of the Philippines Constabulary.
  • Section fourteen of Act Numbered Six hundred and nineteen ensures a first lien on the fund for amounts required to be paid before other payments.

Recall to Active Service

  • Retired officers and enlisted men residing in the Philippines may be recalled to active duty by the Governor-General.
  • While recalled, they are entitled to full pay according to their rank or grade.
  • Recalled members lose their rights to further participation in the retirement fund benefits, conditional on physical fitness.
  • Physical fitness and recall procedures are governed by regulations from the Secretary of Commerce and Police.

Consolidation and Amendments to the Pension Fund

  • Existing funds from sections eleven and fourteen of Act Numbered Six hundred and nineteen are consolidated into the Pension and Retirement Fund of the Philippines Constabulary.
  • Provisions related to pensions for disability remain effective.
  • Additional monthly deductions from pay of colonels, lieutenant-colonels, and majors are added to the fund as specified.

Fund Investment Oversight

  • Investment of pension funds is managed by the Postal Savings Bank Investment Board.
  • Investment must comply with restrictions and conditions from Act Numbered Fourteen hundred and ninety-three as amended by Act Numbered Sixteen hundred and twenty.

Fund Management and Audit

  • The fund is maintained as a separate trust fund by the Insular Treasurer.
  • The fund is strictly used only for purposes stated in this Act and Act Numbered Six hundred and nineteen.
  • The Insular Auditor conducts audits of the fund to ensure proper administration.

Effective Date and Legislative Expediency

  • The Act takes effect on July 1, 1907.
  • The legislature expedited the passage of this Act for public good under the procedural provisions set out in prior legislation.

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