Amendments to RA 8439: scope of benefits
- Section 7 of Republic Act No. 8439 is amended to provide that, notwithstanding laws on Compensation and Position Classification System and Salary Standardization in the Government, science and technology personnel under Section 5 of Republic Act No. 8439 receive the benefits stated in Section 7.
- Section 7(a) provides an Honorarium for S & T personnel who rendered services beyond the established regular workload of scientists, technologists, researchers, and technicians, where their broad and superior knowledge, expertise, or professional standing in a specific field contributes to productivity and innovativeness.
- Section 7(a) states that honorarium is subject to rules to be set by the Department.
- Section 7(a) provides that the government shall not impose a limit on the amount of additional honoraria sourced from externally funded grants that may be received by S & T personnel.
- The amendments apply through the revised Section 7 structure in Republic Act No. 8439.
Non-DOST SciTech personnel certification rule
- Section 8 of Republic Act No. 8439 is amended to allow S & T personnel not employed by the Department who are involved in STA to avail of benefits under the Act.
- Eligibility for non-DOST S & T personnel requires certification by the Head of their agency that the personnel are involved in research and development or other scientific and technological activities.
- Section 8 requires agency Heads to abide by the guidelines promulgated by DOST for the certification of non-DOST personnel involved with research and development or scientific and technological activities and their entitlement to benefits under the Act.
Hiring and extending retired SciTech personnel
- Section 16 of Republic Act No. 8439 is amended to allow rehiring on a contractual basis of an employee retired under any existing law who, in the judgment of the governing board or head of a research agency, possesses technical qualifications and capability to undertake specific scientific research activities.
- Section 16 allows contractual rehiring without refunding the unexpired portion of the gratuity and accumulated leave benefits received from the Government.
- Section 16 limits this rehiring arrangement by requiring that no qualified science and technology expert is available to undertake the scientific activities.
- Section 16 provides that a scientist due for compulsory retirement may have services extended for a maximum period of five (5) years.
- Section 16 conditions the extension on the research project being within DOST’s priority research and development programs, and being identified as strategic to national development as certified by the DOST Secretary.
- Section 16 further requires that the scientist is mentally and physically fit to complete the project.
- Section 16 mandates a procedural condition: the extension request must be submitted to the Civil Service Commission for approval at least three (3) months prior to the scientist’s date of compulsory retirement.
- Section 16 provides that services rendered during the extension period are credited as part of Government service and that the extension entitles the employee to leave credits and other benefits.
Separability, repealing, and consolidation effect
- Section 4 establishes a separability clause: if any provision of Republic Act No. 11312 is declared invalid or unconstitutional, the remaining provisions remain valid and effective.
- Section 5 provides a repealing clause: all laws, decrees, orders, and issuances, or portions thereof, inconsistent with Republic Act No. 11312 are repealed, amended, or modified accordingly.