Title
Retirement Benefits Exempt from Taxes and Seizure
Law
Republic Act No. 4917
Decision Date
Jun 17, 1967
Republic Act No. 4917 protects the retirement benefits of private firm employees in the Philippines, exempting them from taxes and seizure, as long as they meet certain eligibility criteria and are received through a reasonable private benefit plan.

Law Summary

Eligibility Conditions for Exemption

  • The retiring official or employee must have served the same employer for at least ten (10) years.
  • The official or employee must be at least fifty (50) years old at the time of retirement.
  • The retirement benefits exemption may only be availed of once by an official or employee.

Coverage for Separation Due to Unforeseen Circumstances

  • In cases of separation due to death, sickness, physical disability, or causes beyond the employee's control,
  • Any amount received by the employee or his heirs as a result of separation will enjoy the same exemption from taxation and legal processes.

Definition of Reasonable Private Benefit Plan

  • A plan such as pension, gratuity, stock bonus, or profit-sharing maintained by the employer for officials and employees.
  • Contributions can be made by the employer, employees, or both.
  • The fund accumulated is for distributing earnings and principal exclusively to the officials and employees.
  • The corpus or income of the fund shall never be used or diverted for purposes other than the exclusive benefit of these officials and employees.

Effective Date

  • The law takes effect immediately upon its approval on June 17, 1967.

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