HB01561 (13th Congress)
AN ACT TO AMEND PRESIDENTIAL DECREE NO. 1638, KNOWN AS THE AFP MILITARY PERSONNEL RETIREMENT AND SEPARATION DECREE OF 1979
Principal Author: GIDAYA, ERNESTO S.
Main Referral: NATIONAL DEFENSE AND SECURITYStatus
: Approved by the House on 2006-04-04, transmitted to on 2006-04-06 and received by the Senate on 2006-04-06
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AN ACT TO AMEND PRESIDENTIAL DECREE NO. 1638, KNOWN AS THE AFP MILITARY PERSONNEL RETIREMENT AND
SEPARATION DECREE OF 1979
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Entitlement of Surviving Spouse to Benefits. Section 25b (1) of Presidential Decree No. 1638 is hereby amended to read as follows:
(1) Surviving spouse if [married to the deceased prior to the latters retirement/separation and] not legally separated by judicial decree from the deceased issued on grounds not attributable to said spouse: Provided, That entitlement to benefits shall terminate upon the re-marriage of said spouse.
SEC. 2. Entitlement of Surviving Children 1 to Benefits. Section 25b (2) of Presidential Decree No. 1638 is hereby amended to read as follows:
(2) Surviving LEGITIMATE, ADOPTED OR ACKNOWLEDGED children of an officer or enlisted man [born of his marriage contracted prior to his retirement/separation from the service, and children, adopted or acknowledged, while the deceased parent was still on active military service]: Provided, That entitlement to benefits shall terminate when such children attain twenty-one (21) years of age or get married.
SEC. 3. Benefits of Retired Military Personnel Who Loses Filipino Citizenship. Section 27 of Presidential Decree No. 1638 is hereby amended to read as follows:
SEC. 27. Military personnel retired under Sections 4, 5, 14 10, 11 and 12 shall be carried in the retired list of the Armed Forces of the Philippines. The name of a retiree who loses his Filipino citizenship shall be removed from the retired list [and his retirement benefits terminated upon such loss.] BUT HE/SHE SHALL BE ENTITLED TO CONTINUE RECEIVING HIS/HER RETIREMENT BENEFITS.
SEC. 4. Repealing Clause. All existing 1 laws or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 5. Effectivity. This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two newspapers of general circulation.