[ Act No. 3304, December 02, 1926 ]

AN ACT TO AMEND SECTION ONE OF ACT NUMBERED TWENTY- FIVE HUNDRED AND EIGHTY-NINE, ENTITLED "AN ACT PROVIDING FOR A GRATUITY BY REASON OF RETIREMENT TO OFFICERS AND EMPLOYEES OF THE PHILIPPINE GOVERNMENT WHO HAVE RENDERED SATISFACTORY SERVICE DURING SIX CONTINUOUS YEARS OR MORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and Rouse of Representatives of the Philippines  in Legislature assembled and  by the authority  of  the same:

SECTION  1.  Section one of  Act  Numbered  Twenty-five hundred and eighty-nine, entitled "An Act providing  for a gratuity by reason of retirement to officers and employees of the  Philippine Government who have rendered satisfactory service  during six continuous  years  or  more,  and for other purposes,"  is hereby amended to read as follows:

"SEC. 1. Whenever a  regularly and  permanently appointed officer or employee in the  Philippine civil  service who is actually in the service and  who has rendered continuous, faithful,  and  satisfactory  service for at least  six years applies to the Governor-General for retirement from said service and  the  Governor-General  shall find,  after receiving the recommendation of the Director of Civil Service and the chief  of the Bureau or Office concerned, that such officer or employee making the application has in every way been efficient up to and including the date of retirement, and the retirement applied for will not prejudice or obstruct the regular and efficient operation of the Bureau affected, the Governor-General, in his  discretion, may grant  such retirement,  and, in consideration of the services rendered, an annual  gratuity for three  consecutive years  according to the following schedule: An officer or employee who at the time of retirement shall have rendered at least ten years of continuous service may receive an annual gratuity of thirty- three and one-third per centum of the salary last received; thirty per  centum of such salary when nine but less than ten years of continuous service have been rendered; twenty- six and two-thirds per centum of  such salary when eight but less than nine years of continuous service have  been rendered; twenty-three and one-third per centum of such salary when seven but less  than  eight years of continuous service have been  rendered;  twenty per centum  of  such salary when six but  less than  seven years of continuous service have  been rendered.   The gratuities  herein provided for may be paid in the  Philippines or in the United States, as  the retired official  or employee  may  desire, in monthly installments,  and in  the event of death  shall be payable to his estate: Provided,  however, That any officer or employee entitled to the benefits of this Act, and who is entitled to any benefits from any pension fund created by authority of the Philippine Legislature, shall be required to designate which of such benefits he desires to take advantage of, and in such  case  he  shall be entitled only to the benefits so chosen: And provided, further, That if he elects the benefits of this  law he shall have  refunded to  him amounts deducted from his salary for the benefit of any other retirement fund: And provided, further, That the following officers and employees  shall not be entitled to  the  ' benefits of this Act: Officers and employees  whose full time. is not given to the Government service; professional officers or employees  who  practice  their  profession  for profit; officers and  employees detailed from the Army and  Navy, or civil service of the United States; and persons now receiving a pension or retirement  pay  from the Government of the United States: And provided, further, That  in  the case of the Chief Justice or one of the Associate Justices of the Supreme Court or a Judge of First Instance, the same shall be paid for six consecutive  years an  annual gratuity equal  to thirty-three  and one third per centum of the last salary received, provided  he  has  filed on  or  before June thirtieth, nineteen hundred and  twenty-seven  the proper application stating his  desire to retire from the service, and such application has been acted upon  favorably prior to said date or he has been retired fr6m the service on account of having reached the age limit established by law."

SEC. 2.  This Act shall take effect on its approval.

Approved, December 2,  1926.