REPUBLIC ACT No.

10154

Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila

Fifteenth Congress
First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two
thousand ten.

REPUBLIC ACT No. 10154

AN ACT REQUIRING ALL CONCERNED GOVERNMENT AGENCIES TO

ENSURE THE EARLY RELEASE OF THE RETIREMENT PAY, PENSIONS,
GRATUITIES AND OTHER BENEFITS OF RETIRING GOVERNMENT
EMPLOYEES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

Section 1. Declaration of State Policy. - It is hereby declared that it is the policy

of the State to ensure the timely and expeditious release of the retirement pay,
pensions, gratuities and other benefits of all retiring employees of the
government. Public officers and employees who have spent the best years of
their lives serving the government and the public should not be made to wait
to receive benefits which are due to them under the law. Accordingly, it is
hereby mandated that highest priority shall be given to the payment and/or
settlement of the pensions, gratuities and/or other retirement benefits of
retiring government employees.

Section 2. Period for Release of Retirement Benefits. - The head of the

government agency concerned, the President and other responsible officers of
the Government Service Insurance System (GSIS), the President and other
responsible officers of the Home Development Mutual Fund (Pag-IBIG Fund)
and/or the Secretary and other responsible officers of the Department of
Budget and Management (DBM) shall ensure the release of the retirement pay,
pensions, gratuities, and other benefits of a retiring government employee
within a period of thirty (30) days from the date of the actual retirement of said
employee: Provided, That all requirements are submitted to the concerned
government agency at least ninety (90) days prior to the effective date of
retirement: Provided, further, That in the case of the GSIS, it shall pay the
retirement benefits of the retiring employee on his/her last day of his/her
service to the government, pursuant to the GSIS Charter.

Section 3. Retiring Employees With Pending Cases, - In the case of retiring

government employees with pending cases and whose retirement benefits are
being lawfully withheld due to possible pecuniary liability, the head of the
agency where such case is pending shall ensure that the said case shall be
terminated and/or resolved within a period of three (3) months from the date
of the retirement of the concerned, employee: Provided, That in case the
concerned agency fails td terminate and/or resolve the case within the said
period without any justifiable reason(s), the retirement benefits -due to the
employee shall: be immediately released to him/her without prejudice to the
ultimate resolution of the case; except, when the delay is deliberately caused by
the retiring employee.

Section 4. Coverage. - This Act shall cover all branches, agencies and/or
instrumentalities of the government, including government-owned and/or
controlled corporations (GOCCs), excluding personnel of the Armed Forces of
the Philippines, and shall be applicable both to applications for compulsory
retirement and optional or early retirement as authorized by law.

Section 5. Penal Provisions. - The unjustified failure and/or refusal to release

the pension, gratuities and other retirement benefits due to a retiring
government employee within the periods prescribed above or to comply with
any provision of this Act shall be a ground for the filing of administrative
disciplinary action against the erring officer(s) and/or employee(s). Such
erring officer(s) and/or employee(s) shall, after hearing and due proceedings,
be penalized with suspension from the service without pay from six (6) months
to one (1) year, at the discretion of the disciplining authority.

This penalty shall not apply if the release of the retirement benefits could not
be accomplished due to force majeure and other insuperable causes. In such
cases, the thirty (SO)-day period shall be counted from the time such cause(s)
cease(s) to exist.

Section 6. Implementing Rules and Regulations. – The Civil Service Commission

(CSC), after consultation and coordination with the government agencies
and/or instrumentalities affected by this Act, including, but not limited to, the
GSIS, the Pag-IBIG Fund, the Constitutional Commissions, the Legislature and
the Judiciary as well as the Office of the Government Corporate Counsel (OGCC)
and the Department of the Interior and Local Government (DILG), shall
promulgate and issue the appropriate rules and regulations for the proper
implementation of this Act.1avvphi1

Such rules and regulations shall include provisions prescribing uniform periods
for the advance filing of retirement applications in the different agencies
concerned, as well as standard periods for the processing and release of claims
for retirement benefits, gratuities and allowances which will pinpoint
responsibility in case of delay in the release thereof.

Section 7. Separability Clause. - If any provision, part or portion of this Act shall
be held as invalid, the provisions, parts or portions of this Act not otherwise
affected thereby shall remain valid and effective.

Section 8. Repealing Clause. - All laws, executive issuances, orders and rules
and regulations contrary to or inconsistent with the provisions of this Act or
any part thereof are hereby repealed, amended and/or modified accordingly.

Section 9. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general
circulation in the country.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House of President of the Senate
Representatives

This Act which is a consolidation of Senate Bill No. 2748 and House Bill No.
3862 was finally passed by the Senate and the House of Representatives on
May 30, 2011 and June 1, 2011, respectively.
 (Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP
Secretary of Senate Secretary General
House of Representatives

Approved: JUL 14 2011

(Sgd.) BENIGNO SIMION C. AQUINO III

President of the Philippines

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REPUBLIC ACT NO. 7699

REPUBLIC ACT NO. 7699

AN ACT INSTITUTING LIMITED PORTABILITY SCHEME IN THE SOCIAL

SECURITY INSURANCE SYSTEMS BY TOTALIZING THE WORKERS’
CREDITABLE SERVICES OR CONTRIBUTIONS IN EACH OF THE SYSTEMS.
SECTION 1. It is hereby declared the policy of the State to promote the welfare
of our workers by recognizing their efforts in productive endeavors and to
further improve their conditions by providing benefits for their long years of
contribution to the national economy. Towards this end, the State shall institute
a scheme for totalization and portability of social security benefits with the
view of establishing within a reasonable period a unitary social security
system.

Sec. 2. Definition of Terms. — As used in this Act, unless the context indicates
otherwise, the following terms shall mean:

(a) “Contributions” shall refer to the contributions paid by the employee or

worker to either the Government Service Insurance System (GSIS) or the Social
Security System (SSS) on account of the worker’s membership;

(b) “Portability” shall refer to the transfer of funds for the account and benefit
of a worker who transfers from one system to the other;

(c) “Sector” shall refer to employment either in the public or private sector;
(d) “System” shall refer to either the SSS as created under Republic Act No.
1161, as amended or the GSIS as created under Presidential Decree No. 1146,
as amended; and

(e) “Totalization” shall refer to the process of adding up the periods of

creditable services or contributions under each of the Systems, for purposes of
eligibility and computation of benefits.

Sec. 3. Provisions of any general or special law or rules and regulations to the
contrary notwithstanding, a covered worker who transfers employment from
one sector to another or is employed in both sectors shall have his credible
services or contributions in both Systems credited to his service or contribution
record in each of the Systems and shall be totalized for purposes of old-age,
disability, survivorship and other benefits in case the covered member does not
qualify for such benefits in either or both Systems without totalization:
Provided, however, That overlapping periods of membership shall be credited
only once for purposes of totalization.

Sec. 4. All contributions paid by such member personally, and those that were
paid by his employers to both Systems shall be considered in the processing of
benefits which he can claim from either or both Systems: Provided, however,
That the amount of benefits to be paid by one System shall be in proportion to
the number of contributions actually remitted to that System.

Sec. 5. Nothing in this Act shall be construed to diminish or reduce the benefits
being enjoyed by a covered worker arising from existing laws, issuances, and
company policies or practices or agreements between the employer and the
employees.

Sec. 6. The Department of Labor and Employment for the private sector and the
Civil Service Commission for the government sector, together with the SSS and
the GSIS shall, within ninety (90) days from the effectivity of this Act,
promulgate the rules and regulations necessary to implement the provisions
hereof: Provided, That any conflict in the interpretation of the law and the
implementing rules and regulations shall be resolved in favor of the workers.
Sec. 7. All laws, decrees, orders, rules and regulations, or parts thereof, which
are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Sec. 8. This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in at least two (2) national newspapers of general
circulation, whichever comes earlier.

Approved: May 1, 1994