Retirement Law of the Office of the Ombudsman

Case Overview and Summary

Summary of Republic Act No. 11059 (Retirement Law of the Office of the Ombudsman)

Retirement Benefits (Section 3):
- Ombudsman officials and employees from Salary Grade 26 to 29 performing legal, prosecution, investigation, and corruption prevention functions are covered. (Section 2)
- After 15 years of service and upon reaching 65 years old or resigning due to incapacity, they receive a lifetime monthly pension based on their highest monthly salary and allowances.
- At 60 years old with 15 years of service (last 5 years continuously in the Office of the Ombudsman), they can retire with the same lifetime monthly pension.
- Those with less than 15 years of service receive a pro-rata pension based on their number of years in government divided by 15, multiplied by their highest monthly salary and allowances.
- Upon retirement, they receive a lump sum of 5 years' gratuity based on their highest monthly salary and allowances.
- If retirement is due to total permanent disability contracted during incumbency, they receive a 10-year gratuity.
- If retirement is due to partial permanent disability contracted during incumbency, they receive an additional 2-year gratuity.
- The Ombudsman, Deputies, and Special Prosecutor who complete their full 7-year term are entitled to retirement benefits regardless of age or years of service.

Death Benefits (Section 4):
- If an official or employee dies while in active service, their heirs receive a lump sum of 5 years' gratuity based on their highest monthly salary and allowances.
- If the deceased had at least 15 years of government service, their heirs receive a 10-year gratuity.
- If the official or employee is killed due to their duties and has served at least 5 years in the Office of the Ombudsman, their heirs receive a 10-year gratuity.
- If an official or employee is intentionally killed while in service, it is presumed work-related.

Conditions (Section 5):
- To maintain pension entitlement, officials and employees cannot appear as counsel against the government in civil, criminal, or administrative proceedings.
- If they assume an elective position in government, they cannot receive the pension or allowances during their tenure.

Automatic Increase (Section 6):
- Pension benefits are automatically increased whenever there is an increase in the salary and allowance of the position from which they retired.

Survivorship Benefits (Section 7):
- If a retired official or employee dies, their surviving legitimate spouse and dependent children receive the retirement benefits.
- A "dependent" is defined as a legitimate, illegitimate, or legally adopted child who is unmarried, not gainfully employed, and either under 21 years old or incapable of self-support due to mental or physical defect.
- The surviving spouse receives the benefits for life or until remarriage.

Retroactivity (Section 8):
- The benefits apply to those who retired, resigned, or died one year prior to the law's effectivity.

Appropriations (Section 9):
- The initial implementation is charged against the current year's savings of the Office of the Ombudsman, and subsequent funding is included in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 10):
- The Ombudsman shall promulgate the implementing rules and regulations within 60 days from the law's effectivity.