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This page features the full text of
Republic Act No. 6683
AN
ACT PROVIDING BENEFITS FOR EARLY RETIREMENT AND VOLUNTARY SEPARATION
FROM
THE GOVERNMENT SERVICE, AS WELL AS INVOLUNTARY SEPARATION OF CIVIL
SERVICE
OFFICERS AND EMPLOYEES PURSUANT TO VARIOUS EXECUTIVE ORDERS AUTHORIZING
GOVERNMENT REORGANIZATION AFTER THE RATIFICATION OF THE 1987
CONSTITUTION
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 6683
AN
ACT PROVIDING BENEFITS FOR EARLY RETIREMENT AND VOLUNTARY SEPARATION
FROM
THE GOVERNMENT SERVICE, AS WELL AS INVOLUNTARY SEPARATION OF CIVIL
SERVICE
OFFICERS AND EMPLOYEES PURSUANT TO VARIOUS EXECUTIVE ORDERS AUTHORIZING
GOVERNMENT REORGANIZATION AFTER THE RATIFICATION OF THE 1987
CONSTITUTION
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
Section
1. Declaration of Policy. — It
is hereby declared the policy of the State to promote economy,
efficiency
and effectiveness in government operations, particularly in the
delivery
of essential public services.For
this purpose, the State shall endeavor to streamline government
functions
and to maintain necessary positions through an appropriate retirement
and
voluntary separation scheme.
Sec.
2. Coverage. — This Act shall
cover all appointive officials and employees of the National
Government,
including government-owned or controlled corporations with original
charters,
as well as the personnel of all local government units. The benefits
authorized
under this Act shall apply to all regular, temporary, casual and
emergency
employees, regardless of age, who have rendered at least a total of two
(2) consecutive years of government service as of the date of
separation.
Uniformed personnel of the Armed Forces of the Philippines including
those
of the PC-INP are excluded from the coverage of this Act. chanrobles virtuallaw libraryred
Sec.
3. Early Retirement and Voluntary
Separation Benefits. — All appointive government officials and
employees
included in the coverage hereof who voluntarily elect in writing to be
retired or separated from the service and whose retirement has been
approved
under the provisions of this Act shall be paid retirement or separation
benefits equivalent to one and one-fourth (1 1/4) month basic salary
for
every year of their respective government services or the nearest
equivalent
fraction thereof favorable to them on the basis of the highest salary
which
they respectively received in the course of their employment in the
government:
Provided, That in no case shall the benefit to be paid to any
appointive
official or employee be less than Ten thousand pesos (P10,000):
Provided,
further, That any appointive official or employee who has previously
been
found guilty in an administrative proceeding and whose rank or salary
has
been reduced shall be paid on the basis of his last salary.cralaw:red
Sec.
4. Additional Benefits. — In
addition to the benefits herein authorized, covered appointive
officials
and employees who retire or voluntarily elect to be separated from the
service under this Act shall be entitled to the return of GSIS personal
contributions pertaining to retirement only and the payment of the
corresponding
share of the government with interest earned pursuant to existing rules
and regulations of the Government Service Insurance System. They shall
likewise be entitled to the commutation of unused vacation and sick
leaves
in accordance with existing rules and regulations: Provided, however,
That
should the government agency concerned lack the necessary funds for
this,
the same shall come from the appropriation to fund this Act: Provided,
further, That those who retire after rendering government service for
thirty-one
(31) years or more and avail themselves of the incentive benefits
provided
under this Act shall be entitled to an additional ten percent (10%) of
the amount corresponding to what they will receive from the
thirty-first
year onward.cralaw:red
Sec.
5. Exclusiveness of Benefits.
— An appointive official or employee who retires or elects to be
separated
from the service under this Act shall not be eligible for optional
retirement
with gratuity under Republic Act Nos. 1616 and 4968 or with pension
under
Commonwealth Act. No. 186, as amended by Republic Act No. 660, or under
Presidential Decree No. 1146, as amended, or vice-versa. chanrobles virtuallaw libraryred
Sec.
6. Abolition of Positions. —
The positions vacated through the early retirement or separation of its
incumbent shall be abolished unless the head of the office or agency,
with
the approval of the President in the case of the Executive Department,
the Chief Justice in the case of the Judiciary, the Senate President or
the Speaker of the House of Representatives in the case of Congress,
the
Chairman in the case of the Constitutional Commissions, certifies
within
the period of sixty (60) days from the time of approval or acceptance
of
the application for retirement or separation that the exigencies of the
service require its retention.cralaw:red
Sec.
7. Discretion of Agency Heads
in Acceptance of Application for Early Retirement and Voluntary
Separation.
— No appointive official or employee shall be separated or retired
under
this Act unless his application for early retirement or voluntary
separation
shall have been accepted by the head of the government office or agency
or by the chief executive officer of the government-owned or controlled
corporation concerned as the case may be.
For
purposes of this Act, "head of government office or agency" refers to
the
Secretary in the case of bureaus, divisions and other offices under a
department;
governor or mayor, as the case may be, in the case of local government
units; the Chief of Justice in the case of the employees of the
Judiciary;
the Senate President or the Speaker of the House of Representatives, as
the case may be, in the case of employees of the Legislature; the
Chairman
in the case of the Constitutional Commissions; and in the case of other
offices not within the authority of those previously mentioned, their
overall
superior. chanrobles virtuallaw libraryred
The
application for early retirement or voluntary separation shall be
accepted
unless the services of the applicant shall be deemed necessary. The
application
of those with pending administrative cases punishable by dismissal or
removal
shall be held in abeyance until the final disposition of such cases
without
prejudice to their receiving benefits under this law in case of
acquittal.cralaw:red
The
applications of those with criminal cases of grave nature committed in
relation to their office shall be held in abeyance.cralaw:red
Sec.
8. Restriction on the Employment
and Replacement of Retired or Separated Personnel. — Appointive
officials
and employees who are retired or separated under this Act shall not be
eligible for appointment to, or employment in any branch, division,
instrumentality
or agency of the government, including government-owned or controlled
corporations
with original charters whether on a permanent, temporary, casual or
emergency
status within a period of five (5) years after separation unless they
refund
the benefits they received: Provided, however, That those reemployed in
the government shall be treated as new entrants insofar as GSIS
coverage
is concerned.cralaw:red
Positions
vacated but retained shall be filled by personnel chosen from among the
most deserving employees in the agency concerned or from any other
agency.cralaw:red
Sec.
9. Period of Applicability and
Effectivity of the Incentive Benefits. — Applications for early
retirement
and voluntary separation benefits hereunder shall be entertained only
if
filed within a period of two (2) months from the issuance of the rules
and regulations for the implementation of this Act pursuant to Section
13 hereof. The oldest employees who are the most senior in the service
will be given priority in the payment of benefits.cralaw:red
Sec.
10. Funding. — For national government
employees, the sum of Three billion pesos, or so much thereof as may be
necessary, is hereby authorized to be appropriated out of any funds in
the National Treasury not otherwise appropriated for payment of early
retirement
and separation incentive benefits authorized in this Act.cralaw:red
For
employees of government-owned or controlled corporations, the benefits
herein granted shall be paid from the internal funds of the respective
corporations. In no case shall the benefits paid to employees of
government-owned
or controlled corporations be less than the benefits granted by their
existing
corporate programs, if any.chanrobles virtuallaw libraryred
For
employees of local government units, the benefits shall be paid from
available
funds of each local government unit.cralaw:red
Government-owned
or controlled corporations and local government units which may not be
able to adequately fund the incentive benefits under this Act may avail
themselves of the Three billion peso fund appropriation for this
purpose
but only to the extent of twenty-five percent (25%) of the requirements
on the condition that their plantilla and staffing pattern shall, for a
period of one (1) year from the effectivity of this Act, be subject to
approval of the Department of Budget and Management: Provided, That in
the case of government-owned or controlled corporations, said
twenty-five
percent (25%) may be deducted by the Department of Budget and
Management
from whatever budgetary allocation and assistance they may get from the
National Government in the future. chanrobles virtuallaw libraryred
The
above provisions notwithstanding, all savings accruing from the
abolition
of positions pursuant hereto shall be earmarked and used exclusively
for
the payment of the benefits under this Act.cralaw:red
Sec.
11. Retroactive Charges. — Officials
and employees who were previously separated from the government service
not for cause but as a result of the reorganization pursuant to various
executive orders authorizing government reorganization issued after the
ratification of the 1987 Constitution shall be deemed covered and
entitled
to avail of the incentive benefits under this Act.cralaw:red
Sec.
12. Penalties. — Any government
official who compels an employee under any guise whatsoever to retire
or
be separated from government service by virtue of this Act or otherwise
violates provisions hereof shall, upon conviction, be punished by a
fine
not exceeding One thousand pesos (P1,000), or by imprisonment not
exceeding
six (6) months or both such fine and imprisonment in the discretion of
the court.cralaw:red
Sec.
13. Implementing Rules and Regulations.
— The implementing rules and regulations shall be issued within fifteen
(15) days from the date of effectivity of this Act by the Department of
Budget and Management, in consultation with the Civil Service
Commission:
Provided, That any provision of law to the contrary notwithstanding,
the
only documents or supporting papers to be submitted by appointive
officials
and employees who wish to avail themselves of the benefits under this
Act
are the following: chanrobles virtuallaw libraryred
(a) A
duly approved application under oath for early retirement or voluntary
separation in accordance with this Act, including a statement of the
number
of years of service in the government and the rate of the highest
salary
received. chan
robles virtual law(b) Money
and property clearance from the agency concerned where proper pursuant
to Section 7 hereof; and
(c) A
simplified statement of assets and liabilities, net worth, and
financial
and business interests in the case of regular employees: Provided,
further,
that the processing and actual payment of benefits to the appointive
officials
and employees concerned shall be completed within fifteen (15) days
from
the date of submission of all the foregoing documents.
Sec.
14. Compliance and Reporting.
— Six (6) months from the effectivity of this Act, the Department of
Budget
and Management and the Civil Service Commission shall, on the basis of
the reports of the various heads of government offices and agencies,
render
a report to Congress on the number of government employees affected,
the
type or nature of positions involved, the total amount spent and an
evaluation
thereof.chanrobles virtual law library
Sec.
15. Repealing Clause. — All laws,
rules and regulations or parts thereof, inconsistent with the
provisions
of this Act are hereby repealed or modified accordingly. chanrobles virtuallaw libraryred
Sec.
16. Separability Clause. — If
any part, section or provision of this Act shall be held invalid or
unconstitutional,
no other part section or provision thereof shall be affected
thereby. chanrobles virtuallaw libraryred
Sec.
17. Effectivity. — This Act shall
take effect upon publication in two (2) newspapers of general
circulation.
Approved:
December
2, 1988
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