Amendment to Act No. 2589

December 2, 1926

ACT NO. 3304

AN ACT TO AMEND SECTION ONE OF ACT NUMBERED TWENTY-FIVE HUNDRED AND EIGHTY-NINE, ENTITLED "AN ACT PROVIDING FOR A GRATUITY BY REASON OF RETIREMENT TO OFFICERS AND EMPLOYEES OF THE PHILIPPINE GOVERNMENT WHO HAVE RENDERED SATISFACTORY SERVICE DURING SIX CONTINUOUS YEARS OR MORE, AND FOR OTHER PURPOSES"

SECTION 1. Section one of Act Numbered Twenty-five hundred and eighty-nine, entitled "An Act providing for a gratuity by reason of retirement to officers and employees of the Philippine Government who have rendered satisfactory service during six continuous years or more, and for other purposes," is hereby amended to read as follows:

"SEC. 1. Whenever a regularly and permanently appointed officer or employee in the Philippine civil service who is actually in the service and who has rendered continuous, faithful, and satisfactory service for at least six years applies to the Governor-General for retirement from said service and the Governor-General shall find, after receiving the recommendation of the Director of Civil Service and the chief of the Bureau or Office concerned, that such officer or employee making the application has in every way been efficient up to and including the date of retirement, and the retirement applied for will not prejudice or obstruct the regular and efficient operation of the Bureau affected, the Governor-General, in his discretion, may grant such retirement, and, in consideration of the services rendered, an annual gratuity for three consecutive years according to the following schedule: An officer or employee who at the time of retirement shall have rendered at least ten years of continuous service may receive an annual gratuity of thirty-three and one-third per centum of the salary last received; thirty per centum of such salary when nine but less than ten years of continuous service have been rendered; twenty-six and two-thirds per centum of such salary when eight but less than nine years of continuous service have been rendered; twenty-three and one-third per centum of such salary when seven but less than eight years of continuous service have been rendered; twenty per centum of such salary when six but less than seven years of continuous service have been rendered. The gratuities herein provided for may be paid in the Philippines or in the United States, as the retired official or employee may desire, in monthly installments, and in the event of death shall be payable to his estate: Provided, however, That any officer or employee entitled to the benefits of this Act, and who is entitled to any benefits from any pension fund created by authority of the Philippine Legislature, shall be required to designate which of such benefits he desires to take advantage of, and in such case he shall be entitled only to the benefits so chosen: And provided, further, That if he elects the benefits of this law he shall have refunded to him amounts deducted from his salary for the benefit of any other retirement fund: And provided, further, That the following officers and employees shall not be entitled to the benefits of this Act: Officers and employees whose full time is not given to the Government service; professional officers or employees who practice their profession for profit; officers and employees detailed from the Army and Navy, or civil service of the United States; and persons now receiving a pension or retirement pay from the Government of the United States: And provided, further, That in the case of the Chief Justice or one of the Associate Justices of the Supreme Court or a Judge of First Instance, the same shall be paid for six consecutive years an annual gratuity equal to thirty-three and one third per centum of the last salary received, provided he has filed on or before June thirtieth, nineteen hundred and twenty-seven the proper application stating his desire to retire from the service, and such application has been acted upon favorably prior to said date or he has been retired from the service on account of having reached the age limit established by law."

SECTION 2. This Act shall take effect on its approval.

Approved, December 2, 1926.