Amendment to R.A. No. 340 Re: Retirement Benefits of AFP Members

June 21, 1959

REPUBLIC ACT NO. 2608

AN ACT TO FURTHER AMEND SECTION TEN OF REPUBLIC ACT NUMBERED THREE HUNDRED FORTY, AS AMENDED

 Section ten of Republic Act Numbered Three hundred forty, as amended by Republic Act Numbered Nineteen hundred three, is further amended to read as follows:

"SEC. 10.  An enlisted man or officer below the rank of colonel who is entitled to the benefits of this Act shall be retired or separated from the service one rank higher than the permanent rank he holds at the time of retirement or separation. Colonels and brigadier generals shall be retired or separated from the service in the rank they hold at the time of their retirement without any promotion in rank. But the gratuity, retirement or separation pay due them or their beneficiaries under this Act shall be computed on the basis of the base and longevity pay of the rank next higher than the permanent rank they held or hold at the time of their retirement. An enlisted man, or an officer below the rank of major general who was retired or separated from the service due to physical or mental disability incurred in line of duty shall receive an annual retirement pay corresponding to the next higher rank from his adjusted or retired rank: Provided, That such separation of officer or enlisted man was not a punishment duly meted him as a result of general or special court martial findings And, provided further, That separation from the service was not due to his own misconduct, willful failure, the intemperate use of drugs or alcoholic liquor or vicious or immoral habits. When recalled to active duty, retired officers and enlisted men who were automatically raised one rank by operation of this Act shall resume their rank prior to their retirement. The gratuity or retirement pay provided in section two, and the separation pay provided in section eight of Republic Act Numbered Three hundred forty shall be computed upon the basis of such higher rank in which the officer or enlisted man may be retired or separated: Provided, That when an officer who holds or has held the permanent rank of colonel or brigadier general, or an enlisted man who holds or has held the rank of first sergeant, sergeant major or master sergeant is retired or has been retired in that rank the gratuity, retirement pay or separation pay due him or his beneficiaries under this Act shall be computed on the basis of the base and longevity pay of the next higher rank. For purposes of this Act, the rank next higher than first sergeants, sergeant majors and master sergeants shall be second lieutenant." casia

SECTION 2. The sum of two hundred thousand pesos and any sum appropriated by law for the retirement of members of the Armed Forces of the Philippines shall be and are hereby appropriated and made available for carrying out the provisions of this Act.

SECTION 3. This Act shall take effect upon its approval.

Enacted without executive approval, June 21, 1959.

Published in the Official Gazette, Vol. 55, No. 40, p. 8450 on October 5, 1959