Guidelines and Procedures in the Application for Optional Retirement

November 18, 2014

PNP MEMORANDUM CIRCULAR NO. 055-14

GUIDELINES AND PROCEDURES IN THE APPLICATION FOR OPTIONAL RETIREMENT

1. References:

a. PNP Memorandum Circular No. 2014-014 dated April 28, 2014 entitled: "Guidelines to Ensure the Early Release of Retirement Pay, Pensions, Gratuities, and other Benefits of Retiring PNP Personnel";

b. PNP Memorandum Circular No. 2011-007 entitled: "Guidelines and Procedures in the Processing of Retirement Claims and Benefits Due to the PNP Uniformed Personnel and other Retirement Activities";

c. PNP Memorandum Circular No. 2011-017 dated June 30, 2011 entitled: "Supplemental Procedure in PNP MC No. 2011-007 entitled Guidelines and Procedures in the Processing of Retirement Claims and Benefits Due to the PNP Uniformed Personnel and other Retirement Activities";

d. NAPOLCOM Memorandum Circular No. 2008-005 entitled: "Prescribing Policies, Procedures and Guidelines Governing the Attrition System for Uniformed Personnel of the Philippine National Police";

e. Sections 40 and 72 of RA 6975 in relation to Sec. 34 of RA 8551; and

f. Section 13-A of RA 8291 dated June 24, 1997 entitled: "Government Service Insurance System Act of 1997"; and

g. Sections 39 and 66, Article IX, Batas Pambansa Bilang 881 or the OMNIBUS Election Code of the Philippines.

2. Rationale:

As mandated by law, it is important to provide standard periods in the application for Optional Retirement to ensure the timely release of retirement benefits of retiring PNP personnel who have spent the best years of their lives serving the people and our country.

3. Situation:

Presently, there is no policy on the application of Optional Retirement which result in some cases that PNP personnel still renders duties without knowing that an Order for his/her optional retirement has been issued. These cases add up to the statistics of unprocessed and unfunded retirement benefits.

4. Purpose:

This Memorandum Circular (MC) provides the guidelines, policy, and procedures in the application for Optional Retirement of PNP personnel.

5. Definition of Terms:

For the purpose of this Memorandum Circular, the following terms are hereby defined:

a. Active Member — refers to Non-Uniformed Personnel (NUP) who is not separated from the service pursuant to RA 8291.

b. Active Service — refers to services rendered as an officer and non-officer, cadet, trainee or draftee in the PNP, Fire or Jail Force or in the municipal police prior to the integration in the PC/INP or in the AFP and services rendered as civilian official or employee of the Philippine government prior to date of separation or retirement from the PNP, Fire, and Jail force. Provided that for purposes of retirement, he/she shall have rendered at least ten (10) years of active service as officer or non-officer in the AFP, and/or in the INP; and/or in the PNP, Fire or Jail force. ECTAHc

c. Allied Services — refers to the function or duties rendered in a specific position prior to the integration of the Philippine Constabulary (PC) and Integrated National Police (INP),which are substantially the same, or are related to, or similar with the regular functions of the Armed Forces of the Philippines (AFP),Police, Fire or Jail, to include service connected specialization performed in other government agencies and which concerned PNP personnel continues to perform in his present assignment.

d. Automatically Resigned — PNP personnel are automatically resigned upon filing of certificate of candidacy in a non-partisan elected post (as Barangay Official or Kagawad ng Sangguniang Barangay) as provided under Sec. 39, Article IX, BP 881 or the OMNIBUS Election Code.

e. Dismissed — a disciplinary mode of terminating the services of a PNP personnel by a Disciplinary Authority through a Decision or Resolution under the law, rules and regulations.

f. Ipso Facto Resigned — PNP personnel are deemed resigned upon filing of certificate of candidacy in a partisan elected post as provided under Sec. 66, Article IX, BP 881 or the OMNIBUS Election Code.

g. PNP Personnel — refers to active Uniformed and Non-Uniformed personnel of the PNP.

h. Retirement — is when a PNP personnel officially stops working in the police service due to any of the following circumstances:

1) Compulsory Retirement — pertains to the mandatory retirement from the active service by a Uniformed Personnel upon reaching the age of fifty-six (56) and a Non-Uniformed Personnel upon reaching the age of sixty-five (65);

2) Optional Retirement — refers to the voluntary act on the part of the following PNP personnel to stop working in the police/government service:

a) A uniformed member upon accumulation of at least twenty (20) years of active service provided that those allied services he/she rendered as a civilian whether as an official or employee in the Philippine government shall be considered active service;

b) A uniformed member who rendered at least twenty (20) years of active service and a candidate to be separated from the service through attrition has an option to apply for optional retirement or TPPD as applicable. Failure to do so and upon issuance of Attrition Order, a uniformed member who was separated by attrition shall be barred for applying for optional retirement or TPPD even if he/she has rendered at least twenty (20) years of active service;

c) A qualified PNP personnel, who plans to run for an elective position, may be optionally retired provided such personnel file his/her application for irrevocable optional retirement at any time before filing of his/her certificate of candidacy. Should he/she fail to do so, he/she is considered automatically resigned or "ipso facto resigned" in accordance with Sections 39 and 66 of Batas Pambansa Bilang 881 (Omnibus Election Code of the Philippines); and

d) An active member as non-uniformed personnel who has at least fifteen (15) years length of service.

3) Total Permanent Physical Disability — refers to permanent and total disability of an officer or non-officer as a result of injuries suffered or sickness contracted in the performance of his duty as duly certified by the National Police Commission, upon finding and certification by the appropriate medical officer, that the extent of the disability or sickness renders such member unfit or unable to further perform the duties of his position, shall be entitled to one year's salary and to lifetime pension equivalent to eighty percent (80%) of his last salary, in addition to other benefits as provided under existing laws; and

4) Posthumous Retirement — refers to the death of active PNP personnel who has at least rendered twenty (20) years of active service.

i. Separated — is a non-disciplinary mode of severing/terminating services of a PNP personnel in any of the following circumstances:

1) Resigned is a voluntary tendered resignation to terminate employment prior to qualifying for compulsory/optional retirement;

2) Attrition is severance from government service pursuant to any means mentioned in Sections 24 to 29 of R.A. No. 8551 and other means as provided by NAPOLCOM Circular No. 2008-005 who rendered less than twenty (20) years of active service;

3) Posthumous Separation — refers to the death of active PNP personnel who has rendered less than twenty (20) years of active service.

6. Guidelines:

a. General Guidelines:

1) Upon accumulation of at least twenty (20) years of active service for Uniformed Personnel and at least fifteen (15) years of being an active member as Non-Uniformed Personnel of the PNP, a personnel can apply for Irrevocable Optional Retirement. Once approved by the NAPOLCOM, the personnel shall be optionally retired from the service; aAHDIc

2) To ensure timely receipt of Retirement Benefits, application for Optional Retirement must be filed at least one year prior to effectivity thereof. However, PNP personnel who wants to retire may do so, anytime within the three-month period as mentioned in item 6.b.1, but may not be entitled to immediate receipt of benefits within one year;

3) A qualified PNP personnel, who plans to run for an elective position, may be optionally retired provided such personnel files his/her application for irrevocable optional retirement at any time before the filing of his/her certificate of candidacy. Should he/she fail to do so, he/she is considered automatically or ipso facto resigned in accordance with Sections 39 and 66 of Batas Pambansa Blg. 881 (Omnibus Election Code of the Philippines);

4) The effectivity date of the optional retirement shall be controlling, thus, the salary, allowances, and other benefits shall automatically stop. A PNP personnel who files for optional retirement need not report for duty beyond the effectivity date; and

5) The effectivity of Optional Retirement shall be every first day of the month for better accounting of retirement benefits.

b. Procedures:

1) PNP personnel must submit to their RPHRDD/ADMO the Affidavit of Application for Irrevocable Optional Retirement. Provided, that the preferred effectivity date of retirement shall not be less than three (3) months from filing thereof;

2) RPHRDD/ADMO shall be responsible to ensure that the PNP personnel applying for Irrevocable Optional Retirement has satisfied the minimum length of service and shall submit to PRBS or its regional offices the following:

a) Endorsement from Office/Unit;

b) Affidavit of Application for Irrevocable Optional Retirement; and

c) Office/Unit Service Record.

3) PRBS shall request from RMD, DPRM the Service Record of the concerned PNP personnel to confirm the required minimum length of service;

4) PRBS shall recommend to the Chief, PNP for its approval and subsequent endorsement to NAPOLCOM for confirmation of Chairman, NAPOLCOM;

5) Upon confirmation of the Chairman, NAPOLCOM; PRBS shall request DPRM to issue Optional Retirement Order;

6) DPRM shall issue Optional Retirement Order, the effectivity of the Optional Retirement shall be every first day of the month; and shall provide concerned Offices/Units a copy of the said order to process the mandatory requirements and clearances prior to the processing of the Retirement Benefits pursuant to PNP MC No. 2014-014. 

7. Penal Provision:

Heads of concerned PNP Offices/Units as well as personnel tasked to process application for Optional Retirement shall be responsible for the observance of the guidelines and procedures set in this Circular. Any violation/s hereof shall be dealt with according to provisions of NAPOLCOM Memorandum Circular No. 2007-001.

8. Separability Clause:

In case any provision of this Circular or any portion thereof is declared invalid, other provisions shall not be affected thereby.

9. Repealing Clause:

All provisions of existing circulars and other issuances inconsistent with this Circular are hereby rescinded, repealed, and modified accordingly.

10. Effectivity:

This MC shall take effect after 15 days from the filing of a copy hereof at the University of the Philippines Law Center in consonance with Section 4 of Chapter 2, Book VII of Executive Order No. 292, otherwise known as "The Revised Administrative Code of 1987," as amended. EcSCAD

 

(SGD.) ALAN LA MADRID PURISIMAPolice, Director General