Title
Retirement Gratuities for Local Officials
Law
Acts No. 4183
Decision Date
Dec 7, 1934
"Retirement Gratuity for Provincial and Municipal Officers and Employees" explores the provisions and restrictions of Act No. 4183, which allows officers and employees to receive a retirement gratuity but prohibits them from receiving benefits from other laws or pension funds, and restricts their employment in government branches or financed companies.

Transfer and Assignment of Gratuity Rights

  • Officers or employees may sell, transfer, or assign gratuity rights.
  • Such transactions must conform to regulations approved by the Secretary of Finance.
  • Transfers may be made to investment funds under the Insular Government or to authorized banks.
  • Approval by the Secretary of the Interior is required.

Protection from Levy or Execution

  • The gratuity is exempt from levy or execution, ensuring it cannot be seized or garnished.

Exclusivity of Benefits and Choice Among Pension Rights

  • Retired officers or employees who qualify under other pension laws (e.g., Act No. 2589) or special pension funds may choose only one benefit.
  • Payment of gratuity under multiple laws simultaneously is prohibited.

Conditions for Filling Vacated Positions

  • Positions vacated through retirement under this act may be filled only with approval from the Secretary of the Interior and the local government body.
  • Salary for the successor must not exceed two-thirds of the original vacant position's salary.
  • This is contingent on the inability to leave the position vacant without harm to public service.

Restrictions on Reappointment and Requirement of Refund

  • Individuals separated under this Act cannot be reappointed or employed in any government branch or government-financed company without refunding the gratuity received.
  • Exceptions apply if the person's financial situation justifies gradual refund through salary deductions, as determined by the department head.
  • The refund provision does not apply to those subsequently elected to elective offices.

Effectivity

  • The law takes effect immediately upon approval, dated December 7, 1934.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.