WHEREAS,
pursuant to Presidential Decree No. 361, the Armed Forces of the
Philippines Retirement and Separation Benefits System (AFP-RSBS) was
established for the purpose of providing a self-reliant funding scheme
which will guarantee continuous financial support to the AFP retirement
plan; chanroblesvirtualawlibrary
WHEREAS, under prevailing laws and implementing regulations, certain
groups of retired military personnel, particularly those who retired
prior to September 10, 1979, are classified into various categories
depending upon the respective dates of their retirement or separation
from the active service, thereby inevitably resulting in inequities in
the receipt of retirement pension;chanroblesvirtualawlibrary
WHEREAS, there is a necessity to upgrade the pension of the
above-mentioned retired military personnel to enable them to meet the
escalating cost of living and to equalize the entitlement to retirement
pension of all military personnel and their beneficiaries;chanroblesvirtualawlibrary
WHEREAS, the inclusion of the group of retired military personnel
mentioned in the AFP-RSBS will facilitate the equalization of
retirement benefits previously stifled by enormous budgetary or funding
constraints. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by Constitution do hereby decree:cralaw:red
Section 1. Any provision of law, rule or regulation
to the contrary notwithstanding, all military personnel who retired
from the active service prior to September 10, 1979 and are receiving
annual retirement pension from the Armed Forces of the Philippines,
shall be considered, includes as additional members of the Armed Forces
of the Philippines Retirement and Separation Benefits System,
hereinafter referred to as the System. They shall henceforth contribute
an amount equivalent to five percent (5%) of their gross monthly
pension as herein adjusted, which contribution shall be deducted from
their said pension and paid to the System: PROVIDED, That such
contribution to the System shall be refunded in one lump sum to the
retired military personnel or their beneficiaries concerned upon the
termination of their entitlement to retirement pension from the
Government.
Section 2. The System shall forthwith support the
payment of the increment representing the difference between the
existing pension rate the adjusted pension rate computed on the basis
of the prevailing scale of pay of officers and enlisted men in the
active service: PROVIDED, That payment thereof by the System and
receipt of the adjusted pension shall be in accordance with the rate of
pension and schedule of payment as shall be determined and fixed under
the implementing rules and regulations promulgated by the Chief of
Staff, Armed Forces of the Philippines, and approved by the Minister of
National Defense: PROVIDED, Further, That nothing herein shall be
construed as authorizing payment of back pension prior to the
promulgation of this Decree.
Section 3. The initial sum of Two Hundred Million
Pesos (P200,000,000.000) is hereby appropriated out of any savings of
the Armed Forces of the Philippines under the General Appropriations
Act, which shall be paid in lump sum as additional government
contribution to the System: PROVIDED, That such additional sum
necessary to fully implement the objectives of this Decree shall be
provided for in the subsequent appropriation in the budget of the Armed
Forces of the Philippines.
Section 4. Any provision of law, decree, order, rules
and regulations, or part thereof, inconsistent with this Decree is
hereby repealed, amended or modified accordingly. chanroblesvirtualawlibrary
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
this 22nd day of March in the year of Our Lord, Nineteen Hundred and
Eighty-Four.
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