Retirement pension and eligibility
- An Ombudsman official or employee covered by the Act who has rendered at least fifteen (15) years of service either in the Office of the Ombudsman or in any branch of government (or both) retires upon attaining age sixty-five (65) years, or resigns due to incapacity to discharge duties certified by the Ombudsman, and is entitled to a retirement pension for the residue of natural life. (Section 3)
- The retirement pension is computed based on the highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances the retiree was receiving at the time of retirement or resignation. (Section 3)
- Another eligibility route exists for covered officials or employees who attain age sixty (60) years and render at least fifteen (15) years of service in government, with the last five (5) years continuously rendered in the Office of the Ombudsman; such persons are entitled to the same benefits for the residue of natural life. (Section 3)
- Covered persons with less than fifteen (15) years of service in government are entitled to a pro-rata pension computed using: (No. of years in government ÷ 15 years) × (Basic Pay plus Highest Monthly Aggregate of Transportation, Living and Representation Allowance). (Section 3)
- Retirement under the Act grants an automatic lump sum of five (5) years gratuity computed on the highest monthly salary plus the highest aggregate transportation, living and representation allowances received on the date of retirement; after expiration of five (5) years, the retiree receives a monthly annuity payable during the residue of natural life pursuant to the pension computation in the first paragraph of Section 3. (Section 3)
Disability, term completion, and adjusted pension
- If retirement results from total permanent disability, as certified by the Ombudsman and contracted during incumbency and prior to retirement, the retiree receives a gratuity equivalent to ten (10) years salary and allowances referred to in the retirement pension provision. (Section 3)
- If retirement involves partial permanent disability, as certified by the Ombudsman and contracted during incumbency and prior to retirement, the retiree receives an additional gratuity equivalent to two (2) years lump sum that the retiree is entitled to under the Act. (Section 3)
- If the retiree survives after ten (10) years (or seven (7) years, as the case may be), the retiree receives a monthly retirement pension computed under the Act during the residue of natural life. (Section 3)
- The Ombudsman, his or her Deputies, or the Special Prosecutor who has completed a full term with the Office of the Ombudsman, regardless of age or years in government service, is entitled to the retirement benefits under the Act. (Section 3)
Death benefits and work-related presumption
- If an Ombudsman official or employee covered by the Act dies while in actual service, the heirs are entitled to a lump sum of five (5) years gratuity computed on the highest monthly salary plus the highest aggregate of transportation, living and representation allowances being received at the time of death, regardless of age and length of service requirements in Section 3. (Section 4)
- If the deceased had rendered at least fifteen (15) years of government service (in the Office of the Ombudsman or any branch of government, or both), the heirs are instead entitled to a lump sum of ten (10) years gratuity computed on the same basis. (Section 4)
- The lump sum of ten (10) years gratuity is received by the heirs of an Ombudsman official or employee who was killed by reason of his or her duties as such. (Section 4)
- The heirs receive the benefit only under the condition that the official or employee has served in the Office of the Ombudsman for at least five (5) years regardless of age at the time of death. (Section 4)
- When an Ombudsman official or employee is killed intentionally while in service, a presumption exists that the death is work-related. (Section 4)
Conditions to keep pension and election restriction
- To maintain entitlement to the pension under the Act, a covered Ombudsman official or employee must not appear as counsel before any judicial or quasi-judicial agency in:
- any civil case where the government or any agency, subdivision, or instrumentality thereof is an adverse party;
- any criminal case where any officer or employee of the government is accused of an offense committed in relation to their office; or
- any administrative proceeding where the covered person seeks to maintain an interest adverse to the government, whether national, provincial, or municipal or to any of its legally constituted officers. (Section 5)
- If a covered official or employee who is receiving any benefit under the Act assumes an elective position, the person must not receive the monthly pension or any allowance provided in the Act upon assumption of office and during tenure as an elected official. (Section 5)
Survivorship rights and dependent definitions
- If an Ombudsman official or employee covered by the Act dies during retirement, the surviving legitimate spouse and dependent children are entitled to receive all retirement benefits the deceased was receiving or entitled to receive. (Section 7)
- A dependent is defined as a legitimate, illegitimate or legally adopted child who is chiefly dependent on the deceased Ombudsman official or employee if the child is not more than twenty-one (21) years of age, unmarried, and not gainfully employed; or if the dependent, regardless of age, is incapable of self-support due to a mental or physical defect. (Section 7)
- The surviving legitimate spouse continues to receive retirement benefits during lifetime or until remarriage. (Section 7)
- If the surviving spouse is receiving benefits under existing retirement laws, the surviving spouse receives only the difference between what is provided under the Act and what the surviving spouse is already receiving. (Section 7)
Automatic increases and retroactivity
- Pension benefits of retired Ombudsman officials or employees are automatically increased whenever there is an increase in the salary and allowance in the same position from which the retiree retired. (Section 6)
- Benefits under Sections 3, 4 and 7 are granted to persons who retire, resign, or die one (1) year prior to the effectivity of this Act. (Section 8)
Implementation, appropriations, and IRR timeline
- Initial implementation of the Act is funded by charging the required amount against the current year’s savings of the Office of the Ombudsman. (Section 9)
- Continued implementation is funded by including needed sums in the annual General Appropriations Act. (Section 9)
- Within sixty (60) days from the effectivity of the Act, the Ombudsman must promulgate the rules and regulations for effective implementation. (Section 10)
Publication effectivity and legal continuity
- This Act takes effect after fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation. (Section 13)
- If any section or provision is declared unconstitutional or invalid, the other unaffected provisions continue in full force and effect. (Section 11)
- All laws, decrees, executive orders, letters of instruction, regulations, or parts thereof inconsistent with the Act are repealed and/or modified accordingly. (Section 12)
Issuance identification and approval dates
- Republic Act No. 11059 was approved August 17, 2018.
- It was published in 114 OG No. 36, 6346 (September 3, 2018).