Guidelines on the Filing of Optional Retirement Applications
Supreme Court Administrative Circular No. 52-2021 outlines guidelines for the filing of optional retirement applications for judges and court personnel to streamline the process. Applicants must submit their applications to the Employee's Welfare and Benefits Division at least one year before the desired retirement date, specifying the effective date rather than "upon approval." Additionally, all documentary requirements must be completed three months prior to the retirement date. If no notice of approval or denial is received by the retirement date, the applicant must cease work. The circular also mandates that judges' letters of intent to retire will be considered as formal applications.
July 12, 2021
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 52-2021
| TO | : | All Judges and Personnel of the Lower Courts |
| SUBJECT | : | Guidelines on the Filing of Optional Retirement Applications |
To further expedite the processing of applications for optional retirement and better address the issues besetting said applications, including the determination of the qualification of the applicant and compliance with the submission of all documentary requirements within the prescribed period, and to forestall the situation wherein an applicant for optional retirement continues to render service beyond the date specified in his/her application, these guidelines in the filing of applications for optional retirement are hereby adopted for the strict compliance by all concerned:
1. All applications for optional retirement shall be filed with the Employee's Welfare and Benefits Division (EWBD), Office of Administrative Services (OAS), Office of the Court Administrator (OCA), at least one (1) year prior to the date of effectivity. For budgetary allocation purposes of the following year, the applicant shall file his/her application before or during the last week of January. The same shall specify the date of effectivity of the optional retirement and should not make it effective "upon approval of the Court." Also, it is important to note that Clearance Certificates are valid only for six (6) months from issuance;
2. Judges and accountable officers applying for optional retirement shall also inform the Office of the Court Administrator, through the Deputy/Assistant Court Administrator exercising administrative supervision over the court they are assigned, as well as the Court Management Office, OCA, of such retirement, for judicial and/or financial audit purposes;
3. Submission of documentary requirements in support of the optional retirement application should be completed at least three (3) months prior to the effectivity date of retirement indicated in the application;
4. Within one (1) month following the submission of the documentary requirements, the applicant may inquire about the status of his/her application with the EWBD, OAS, OCA;
5. When the specified date of retirement is reached without the applicant receiving any notice of approval or denial of his/her application, he/she shall cease to work and desist from discharging his/her official functions, unless directed otherwise; and
6. For Judges, the submission of a letter manifesting the intention to optionally retire shall be treated as an application for retirement and the EWBD, OAS, OCA, shall provide the applicant with the checklist of documentary requirements to be submitted. Thus, upon reaching the manifested intended date of optional retirement, the applicant shall cease working and discharging his/her official functions pursuant to paragraph 5 hereof, regardless of whether he/she has submitted the documentary requirements.
All circulars and issuances or parts thereof, contrary to or inconsistent with this Administrative Circular are hereby repealed, or amended, accordingly.
This Administrative Circular shall take effect upon its issuance.
Issued this 12th day of July 2021.
(SGD.) ALEXANDER G. GESMUNDOChief Justice