AFP Derivative Retirement Pension for Children/Survivors Act of 2016

Case Overview and Summary

Summary of Republic Act No. 10882 (AFP Derivative Retirement Pension for Children/Survivors Act of 2016)

Short Title
• The Act shall be known as the "AFP Derivative Retirement Pension for Children/Survivors Act of 2016". (Section 1)

Derivative Retirement Pension
• Amends Section 25(b), paragraph 2 of Presidential Decree No. 1638 (AFP Military Personnel Retirement and Separation Decree of 1979) regarding the definition of "survivors":
    - Surviving children of military personnel born or adopted before retirement/separation shall be entitled to benefits, except for those certified by the AFP Medical Board as mentally incapacitated and incapable of employment. (Section 2)
    - For mentally incapacitated children, entitlement to benefits shall not terminate when they reach 21 years of age or get married. (Section 2)

Implementing Agency
• The Secretary of the Department of National Defense and the Chief of Staff, Armed Forces of the Philippines, shall promulgate the necessary rules and regulations for the effective implementation of this Act within 30 days from its effectivity. (Section 3)

Separability Clause
• If any provision of this Act is declared invalid or unconstitutional, the other provisions shall remain in effect. (Section 4)

Repealing Clause
• All laws, decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed. (Section 5)

Effectivity
• This Act shall take effect 30 days following its publication in the Official Gazette or in at least three (3) newspapers of general circulation. (Section 6)