Title
Ombudsman Retirement Benefit System Law
Law
Republic Act No. 11059
Decision Date
Aug 17, 2018
The Retirement Law of the Office of the Ombudsman provides retirement benefits and pensions for officials and employees of the Office of the Ombudsman, based on their years of service and position, with additional benefits for disability and death, while also imposing restrictions on their legal practice and political involvement.

Retirement Eligibility and Benefits

  • Retirement pension for officials/employees with at least 15 years service upon retirement at age 65 or incapacity.
  • Pension based on highest monthly salary plus transportation, living, and representation allowances at retirement.
  • Officials/employees aged 60 with 15 years government service including last 5 in Ombudsman may retire with pension.
  • Pro-rata pension for less than 15 years service.
  • Lump sum five-year gratuity at retirement computed from highest salary and allowances.
  • Total permanent disability during incumbency yields gratuity equivalent to 10 years salary/allowances.
  • Partial permanent disability yields additional gratuity equivalent to 2 years salary/allowances.
  • Pension continues for life post gratuity period.
  • Full term Ombudsman, Deputies, Special Prosecutor retire regardless of age or years in government.

Death Benefits

  • Lump sum five-year gratuity for heirs if official/employee dies in service.
  • Lump sum ten-year gratuity for heirs if death occurs after 15 years government service.
  • Ten-year gratuity for officials/employees killed in line of duty after 5 years Ombudsman service.
  • Death intentionally caused in service presumed work-related.

Conditions for Pension Entitlement

  • Retirees barred from appearing as counsel adverse to government or in related criminal/administrative cases.
  • Elected officials do not receive pension or allowances during term.

Automatic Adjustment of Benefits

  • Pension benefits automatically increase with salary and allowance increases of original position.

Survivorship Benefits

  • Surviving legitimate spouse and dependent children entitled to deceased's retirement benefits.
  • Dependent defined by age, marital status, employment, and incapacity.
  • Surviving spouse receives benefits for lifetime or until remarriage.
  • If spouse already receiving benefits, entitled only to difference amount.

Retroactive Application

  • Benefits for retirements, resignations, or deaths within one year prior to effectivity.

Funding and Appropriations

  • Initial funding charged from Office of Ombudsman savings.
  • Continued funding from annual General Appropriations Act.

Implementation and Enforcement

  • Ombudsman to issue implementing rules and regulations within 60 days.

Legal Provisions

  • Separability clause preserves unaffected parts if any provision declared invalid.
  • Repealing clause removes inconsistent laws, orders, and regulations.
  • Law effective 15 days after publication in Official Gazette or two newspapers.

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