Title
Retirement Benefits for Municipal and City Judges
Law
Republic Act No. 5095
Decision Date
Jun 17, 1967
Republic Act No. 5095 provides retirement benefits for municipal and city judges, including salary for life, eligibility criteria, prohibitions for retired judges, benefits for heirs of deceased judges, and the choice between retirement gratuity acts.

Law Summary

Death Benefits and Early Retirement Provisions

  • If an eligible justice or judge dies in actual service, their heirs receive a lump sum equal to five years’ salary.
  • This benefit extends to justices or judges forced to retire before reaching required service due to age 70 or incapacity certified by the judicial body or Secretary of Justice.

Lump Sum Payment and Annuity upon Retirement

  • Upon retirement, an automatic lump sum payment of five years’ salary is granted, based on the highest salary received.
  • After the lump sum period, survivors receive monthly annuity equivalent to the last salary.
  • If retirement is due to permanent disability incurred during service, only a gratuity of ten years’ salary is given with no further monthly annuity.

Option Between Existing and New Retirement Benefits

  • Retiring officials entitled to previous retirement benefits may choose between the prior benefits and those provided by this Act.
  • Reappointed judges who retired under prior acts are entitled to the new benefits, subject to refunding any previously received gratuities through government deductions.

Administration and Contributions

  • The Government Service Insurance System (GSIS) administers and enforces the Act.
  • Benefits are contingent upon monthly premium contributions:
    • P40.00 per month for municipal judges,
    • P100.00 per month for all other officials.
  • Funded through these contributions and appropriations from the National Treasury.

Appropriations and Repeal of Conflicting Laws

  • Necessary funds are appropriated from the National Treasury for implementation.
  • Prior inconsistent laws are repealed or modified accordingly.

Effectivity

  • The Act took effect immediately upon approval on June 17, 1967, enacted without executive approval.

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