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Republika ng Pilipinas ~\.:»KAGAWARAN NG KATARUNGAN '

Department of JusticeManila

OEPARTMENT OF JUSTW:':

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LML-DC-4B14- t\\:

() () eDEPARTMENTCIRCULARNO. _

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SUBJECT:

DATE

Undersecretaries and Assistant SecretariesProsecutor GeneralAll Regional/Provincial/City Prosecutors in the

National Prosecution ServiceAll Concerned

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Guidelines on the Filing and Processing ofDocuments for the Payment of the Retir-ementGratuity and Old Age Pension under R.A. No.10°71.

04 February 2014

•1. Filing of Retirement Applications (Compulsory and Optional

Retirement)

A. Four (4) months prior to the effective date of retirement, theprosecutor shall submit to the Personnel Division, theGovernment Service Insurance System (GSIS) applicationform (Form No. RET-2011-11-03, revised: 2012-06-27/downloadable at www.gsis.gov.ph) for retirement,together with the following original documents:

1. Service Record from other government offices, ifany, and not previously submitted with propernotation of Leave of Absence Without Pay (LvVOP)duly certified by the authorized official of saidconcerned government office;

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2. Statement of Assets and Liabilities upon retirement;

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:3. Certification of no pending case issued by the Officeof the Prosecutor General, National ProsecutionService;

4, DOJ Department Clearance;

5. Notice of Pendency of Case pursuarifIo Rule III,Section 7 of RA 10154a. Ombudsman Clearance;b. Civil Service Commission Clearance; andc. Clearance from the Office of the President

B. Survivorship Applications/Claims

In case of deceased retirees, the beneficiaries and/or legalheirs, in addition to the requirements stated in Item LA, shallsubmit the following original documents:

1. Death certificate of retiree issued by the NationalStatistics Office (NSO);

2. Marriage contract/certificate issued by the NSO, ifclaimant is spouse of the deceased;

3. Birth certificate issued by the NSO, if claimant isparents or other legal heir of the deceased singleretiree;

4. Birth Certificate issued by the NSO of all thechildren of deceased retiree;

5. Proofs of surviving legal heirs other than spouse andchildren, or parents or other legal heirs, if single. Incase of Muslim claimants, the Sharia law shall apply;and

6. Bond of indemnity for guardianship of minor.

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C. Disability Retirernent

In case of disability, the retirees, in addition to therequirements stated in Item LA, shall submit followingoriginal documents:

1. Disability Claim Form; and2.. All Medical Records in support of claim for

Permanent Disability (for evaluation, C0111mentandrecornmen dation).

II. Processing of Retirement Applications:·

A. The Personnel Division shall process the retirementapplication after the submission of the completedocumentary requirements for endorsement to the GSIS forpayment of the corresponding retirement gratuity under R.A.No. 8291 (Government Service Insurance Act of 1997) withinfive (5) working days.

•B. After the retired prosecutor receives the corresponding

amount from GSIS under R.A. No. 8291, the photocopy of theRetirement Voucher received from GSIS shall be submittedto the Personnel Division for computation of the differencebetween the authorized GSIS retirement package and thebenefits provided under R.A. No. 10071 (Prosecution ServiceAct of 2010), computed as 5 year lump sum and an old-agepension benefit payable for life, starting on the first day ofthe month following the expiration of the five yearguaranteed period.

C. The Personnel Division shall forward the photocopy of theRetirement Voucher received from GSIS together with theactual lis' of retirees and computation sheet of retirementbenefits with a breakdown of GSIS actual payments vis-a-vis,amount still due to the employee and a computation of thegratuity or retirement benefits of the retiree under R.A.10071 to the Department of Budget and Management.

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D. After the DEM releases the corresponding Special AllotmentRelease Order (SARO) and Notice of Cash Allocation (NCA),the DOJ shall issue to the retired prosecutor the checkcorresponding to the difference between the GSIS retirementpackage and benefits provided under R.A. No. 1007L

III. Pension Administration

A. For Old Age and Survivorship Pension, the pensioner isrequired to appear in person at the Personnel Division, one(1) rnonth before his/her 65th and 70th birth date tocommence the processing of the pension.

B. The pensioner is required to open a savings /ATM PayrollAccount at the nearest Landbank of the Philippines (LBP)branch where the pensioner resides. (per Memorandum ofAgreement between DOJ and LBP)

The Personnel Division shall provide the pensioner a letter ofintroduction for submission to the LBP in opening asavings/ ATM Payroll Account or verifying an existingaccount to be used in crediting their monthly pension. TheLBP- ATM Account number shall be submitted to thePersonnel Division.

C. The pensioner is required to appear in person at thePersonnel Division or the Regional Prosecution Office onhis/her birth month, every year thereafter. Non appearanceof pensioner shall suspend the payment of the monthlypension,

D. In case of appearance at the Regional Prosecution Office, theRegional Prosecutor shall issue the correspondingcertification for endorsement to the Personnel Division foraccountability purposes.

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IV. Effectivity:

This Circular takes effect immediately,

)~&.y~LE~LA M. DE L1MA-i

Secretary

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