AFP Derivative Retirement Pension for Children/Survivors Act of 2016
Republic Act No. 10882, known as the "AFP Derivative Retirement Pension for Children/Survivors Act of 2016," amends the AFP Military Personnel Retirement and Separation Decree to exempt mentally incapacitated surviving children of military personnel from losing their benefits upon reaching the age of twenty-one. The Act specifies that benefits will continue for these children as long as they are certified by the AFP Medical Board as incapable of employment. The Department of National Defense and the Armed Forces of the Philippines are tasked with implementing the necessary regulations within thirty days of the law's effectivity. The law also includes a separability clause, ensuring that if any part is found invalid, the remaining provisions remain effective. It took effect thirty days after publication in the Official Gazette.
Quick Answers
- What is AFP Derivative Retirement Pension for Children/Survivors Act of 2016 about?
- Republic Act No. 10882, known as the "AFP Derivative Retirement Pension for Children/Survivors Act of 2016," amends the AFP Military Personnel Retirement and Separation Decree to exempt mentally incapacitated surviving children of military personnel from losing their benefits upon reaching the age of twenty-one. The Act specifies that benefits will continue for these children as long as they are certified by the AFP Medical Board as incapable of employment. The Department of National Defense and the Armed Forces of the Philippines are tasked with implementing the necessary regulations within thirty days of the law's effectivity. The law also includes a separability clause, ensuring that if any part is found invalid, the remaining provisions remain effective. It took effect thirty days after publication in the Official Gazette.
- What type of law is Republic Act No. 10882?
- AFP Derivative Retirement Pension for Children/Survivors Act of 2016 (Republic Act No. 10882) is a Philippine Statutes enacted by the Congress of the Philippines.
- When was AFP Derivative Retirement Pension for Children/Survivors Act of 2016 enacted?
- AFP Derivative Retirement Pension for Children/Survivors Act of 2016 (Republic Act No. 10882) was enacted on Jul 17, 2016.
- What is the citation for AFP Derivative Retirement Pension for Children/Survivors Act of 2016?
- AFP Derivative Retirement Pension for Children/Survivors Act of 2016, Republic Act No. 10882, Jul 17, 2016 (Philippines)
Law Information
- Reference Number
- Republic Act No. 10882
- Date Enacted
- Category
- Statutes
- Subcategory
- Republic Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
July 17, 2016 *
REPUBLIC ACT NO. 10882
AN ACT EXEMPTING SURVIVING CHILDREN OF MILITARY PERSONNEL WHO ARE MENTALLY INCAPACITATED FROM TERMINATION OF BENEFITS UPON REACHING THE AGE OF TWENTY-ONE (21), AMENDING FOR THE PURPOSE SECTION 25 OF PRESIDENTIAL DECREE NUMBERED SIXTEEN HUNDRED AND THIRTY-EIGHT, OTHERWISE KNOWN AS THE AFP MILITARY PERSONNEL RETIREMENT AND SEPARATION DECREE OF 1979, AS AMENDED
SECTION 1. Short Title. — This Act shall be known as the "AFP Derivative Retirement Pension for Children/Survivors Act of 2016".
SECTION 2. Derivative Retirement Pension. — Section 25 (b), paragraph 2 of Presidential Decree No. 1638 shall read as follows:
"Section 25. For the purposes of this Decree
"a. . . .
"b. Survivors shall mean
"1. . . .
"2. Surviving children of an officer or enlisted man born of his marriage contracted prior to his retirement/separation from the service, and children, adopted or acknowledged, while the deceased parent was still on active military service: Provided, That except for children who, by reason of their mental incapacity, are certified by the AFP Medical Board to be incapable of employment, entitlement to benefits shall terminate when such children attain twenty-one (21) years of age or get married.
"xxx xxx xxx."
SECTION 3. 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 thirty (30) days from its effectivity.
SECTION 4. Separability Clause. — The provisions of this Act are hereby deemed separable. If any provision thereof is declared invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions which shall remain in effect.
SECTION 5. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed.
SECTION 6. Effectivity. — This Act shall take effect thirty (30) days following its publication in the Official Gazette or in at least three (3) newspapers of general circulation.
Approved:
* Lapsed into law on July 17, 2016 without the signature of the President in accordance with Article VI, Section 27 (1) of the Constitution.
Published in The Philippine Star on August 1, 2016.
Cite This Law
AFP Derivative Retirement Pension for Children/Survivors Act of 2016, Republic Act No. 10882, Jul 17, 2016 (Philippines)
AFP Derivative Retirement Pension for Children/Survivors Act of 2016, Republic Act No. 10882 (Phil. 2016)
Related Laws
- Creating E-8 and E-9 Ranks in the Enlisted Ranks of the AFPRepublic Act No. 8220 • Oct 9, 1996 • Statutes
- An Act to Provide for the Liquidation of the Pension and Retirement Fund of the Philippine ConstabularyCommonwealth Act No. 188 • Nov 14, 1936 • Statutes
- An Act to Amend Sections Eight Hundred and Seventy-Two and Eight Hundred and Seventy-Four of the Administrative Code, Relative to the Sources of the Pension and Retirement Fund and the Life Pension of the Officers and Enlisted Men of the ConstabularyAct No. 3157 • Mar 8, 1924 • Statutes
- Implementing Rules and Regulations of Republic Act No. 10882IRR of RA 10882 • Aug 8, 2018 • Implementing Rules and Regulations
- AFP Military Personnel Retirement and Separation Decree of 1979Presidential Decree No. 1638 • Sep 10, 1979 • Presidential Issuances
- Adjusting the Retirement Pension of Officers Retired or Separated Prior to Jan. 1, 1976Presidential Decree No. 1065 • Dec 22, 1976 • Presidential Issuances
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