THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
5 FUR -3 
jjif :23 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
It is lamentable that at present the monthly pension being received by retired government 
personnel is inadequate for a decent life. Worse, the continuing devaluation of the peso helps 
trigger the never-ending increases in the prices of all commodities, including those of life- 
sustaining drugs and medicines for the senior citizens, illness-prone retirees, which have gone 
beyond their reach depriving the pensioners of a decent standard of living and financial security 
they deserve. 
What is even worst is that there is a class of elderly retired government employees under 
the lump sum, take-all gratuity system pursuant to RA 1616 who do not receive at all even a 
meager monthly pension. This class of now elderly former public servants, still numbering in the 
thousands all over the country, are lamentably existing at predominantly near-pauper, if miserable, 
lives surviving only out of the generosity of equally hard-pressed kin, if any. Because their 
meager, hence, ephemeral take-all gratuity received many years back from their respective last 
employers, instead of from the GSIS, under a deviant retirement scheme (RA 1616) - 
that 
attempted to deviate from the ideally prescribed annuity system of retirement by way of monthly 
Old-Age Pension for Life plus Survivorship Benefits, administered by the GSIS pursuant to the 
circa 1936 CA 186, as amended by among others RA 660, PD 1146 and RA 8291 - 
with its 
tempting allure in the guise of its “lump sum” delusion, have long been exhausted in catching up 
with the ever-increasing expenses of surviving over all these inflation-ridden years. 
As a hapless consequence of their being misled in their retirement option, the senior 
citizens-RA 1616 retirees unwittingly forego enjoyment of the monthly Old-Age Pension for Life 
as well as Survivorship Benefits for their survivors, the aggregate residual actuarial reserves of 
which, as established pursuant to Section 24 (b) of CA 186, as amended, have accumulated into 
billions of pesos essentially saved by the GSIS. The gargantuan size of such GSIS savings of this 
aggregate residual actuarial reserves could be gleaned from the revelations published particularly 
in paragraphs 20 and 21 of the October 02, 2003 Manila newspaper column of Dr. Solita Collas- 
Monsod (entitled “The Wrong Scapegoat”) wherein Dr. Monsod quoted Budget Secretary Emilia 
Boncodin revealing for the first time that just between 1999 and 2002, the government already 
paid out P10 billion in lump-sum retirement funds to RA 1616 retirees. which means that GSIS 
essentially saved that amount, even as RA 1616 took effect May 3 1, 1957 yet. 
Even while RA 1616 was eventually phased out impliedly by the fourth whereas of PD 
1146 (which took effect on June 01, 1977) the latter remonstrating that ‘‘x x x provisions of 
existing laws that have prejudiced rather than benefited government emplovee; restricted, rather 
than broadened his benefits; x x x must now yield to his paramount welfare.” the senior citizens- 
RA 1616 retiree’s move to convert his mode of retirement to the ideally-legislated Pension system 
(RA 660, PD 1146 or RA 8291) is still circumscribed by some anachronistic provisions of an 
archaic statute, the circa 1936 CA 186, as amended, the second paragraph of Section 12 (c) of 
which restricts the written request for conversion of mode of retirement from the Gratuity System 
to the Pension System to be made within one year only after retirement, and is prejudicial to his 
welfare because it still requires him to reimburse the retirement gratuity received by him many 
years ago and long spent, as well as to refund the personal and employer’s premiums as the case 
may be. 


In order to categorically correct now such restrictive and prejudicial retirement law that PD 
1146 was already aware of and impliedly phase out 27 years ago as stated in the foregoing, and 
further, in the light of the provisions of Section 4 of PD 1146, as amended by Section 4 of RA 
8291 (Effect of Separation from Service) to the effect that: “A member separated from the service 
shall continue to be a member. and shall entitled to whatever benefits he has qualified to in the 
event of any contingency compensable under this Act,” and furthermore, in the light of Section 48 
of PD 1146, as amended by Section 55 of RA 8291 (Exclusiveness of Benefits) to the effect that: 
‘‘x x x However, if the benefits orovided bv law chosen are less than the benefits provided under 
this Act, the GSIS shall pay the difference” and finally, in consonance with the mandate in Section 
6 ofRA 7432 (Senior Citizens Act) that: “Retirement benefits from x x x the government shall be 
upgraded at par with the current scale enjoyed by those in actual service.” 
Approval of this bill is earnestly sought if only to manifest the continuing concern of this 
Congress on the plight of our senior citizens-retirees who have spent the best years of their lives in 
the services of the country. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
WELL AS SURVIVORSHIP BENEFITS TO THEIR SUVIVORS, AMENDING FOR THE 
PURPOSE PERTINENT PROVISIONS OF THE SECOND PARAGRAPH OF SECTION 12 
GRANTING OLD-AGE PENSION FOR LIFE TO SENIOR CITIZENS-RA 1616 RETIREES AS 
(c) OF COMMONWEALTH ACT 186, AS AMENDED 
Be it enacted by the Senate and the House of Representatives of 
the Phil@pines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Government Service 
Retirement Rationalization Act of 2005.” 
SECTION 2. Declaration ofPolicy. - 
It is declared policy of the State to promote and 
provide a rising standard of living and an improved quality of life for all. In pursuit of such policy, 
this Act mandates to grant Old-Age Pension for Life to senior citizens-RA 1616 retirees as well as 
Survivorship Benefits to their survivors who are otherwise deprived thereof, in order that such 
pension would be responsive to their increasing needs, considering the eventual phaseout impliedly 
of RA 1616 by the fourth whereas of PD 1146 mandating that ‘‘x x x provisions of existing laws 
that have preiudiced. rather than benefited government employee: restricted rather than broadened 
his benefits; x x x must now yield to his paramount welfare” as exeniplified specifically by the 
prejudicial and restricted provisions of the second paragraph of Section 12 (c) of CA 186, as 
amended. 
SECTION 3. Coverage. -This Act shall affect senior citizens-RA 1616 retirees who retired 
effective June 01, 1977 (effectivity date of PD 1146) and thereafter. 


SECTION 4. Change of Mode of Retirement. - Any provision of laws, presidential 
decrees, letters of instructions, executive orders, rules and regulations to the contrary 
notwithstanding, in conformity with the intent in Section 48 of PD 1146, as amended by Section 
55 RA 8291, the pertinent provisions of the second paragraph of Section 12 (c) of CA 186, as 
amended, is hereby further amended and modified as follows: 
“Section 12 (c) x x x x x x x x x x x x  x x x x x x x  x x x x x x x x x x x x x x x x  x x x x 
An employee who RETIRED NOT EARLIER THAN JUNE 01, 1977 under this 
Subsection (c) BUT WHO IS OTHERWISE QUALIFIED TO RETIRE UNDER RA 660 OR PD 
1146, SHALL HEREAFTER AUTOMATICALLY HAVE HIS GRATUITY RETIREMENT 
CONVERTED TO PENSION SYSTEM UNDER RA 660, PD 1146 OR RA 8291, WHICHEVER 
IS MORE BENEFICIAL TO HIM, AND THEREAFTER SHALL RECEIVE THE OLD-AGE 
PENSION FOR LIFE AS WELL AS THE SURVIVORS’ BENEFITS FOR HIS SURVIVORS 
PROVIDED UNDER SUCH LAWS: PROVIDED, THAT THE RETIREE/SURVIVORS SHALL 
NO LONGER BE REQUIRED TO REIMBURSE TO THE GSIS the retirement gratuity 
previously received by HIM FROM HIS LAST EMPLOYER as well as the refunds FROM THE 
GSIS OF the personal and employer’s premiums as the case may be; PROVIDED FURTHER 
THAT IN ORDER FOR THE GSIS TO COMPLY WITH THE LEGAL MANDATE IN THE 
SECOND SENTENCE OF SECTION 48 OF PD 1146, AS AMENDED BY SECTION 55 OF RA 
8291, DIRECTING THAT ‘‘ x x x IF THE BENEFITS PROVIDED UNDER THIS ACT, THE 
GSIS SHALL PAY THE DIFFERENCE.” SUCH PREVIOUSLY RECEIVED AGGREGATE 
SUM SHALL BE LIQUIDATED IN THE FOLLOWING MANNER 
(1) THAT IT SHALL ALREADY BE CONSIDERED AS PARTIAL PAYMENT 
BY THE GSIS TO THE RETIREE OF HIS FIVE-YEAR GUARANTEED PERIOD OF 
LUMP SUM PAYMENT OF BASIC MONTHLY PENSION PAYABLE MONTHLY 
FOR LIFE AS PRESCRIBED PURSUANT TO SECTION 12 (a) OF PD 1146, AS 
AMENDED BY SECTION 13 (a) (1) OF F U  8291, RECKONED NOT EARLIER THAN 
AGE 60 OR UPON EFFECTIVITY OF HIS LATER RETIREMENT BUT NOT 
BEYOND AGE 65: 


(2) THAT IF SUCH AGGREGATE SUM IS LESS THAN THE TOTAL OF THE 
FIVE-YEAR GUARANTEED PERIOD OF LUMP SUM PAYMENT OF BASIC 
MONTHLY 
PENSION, 
THE 
GSIS 
SHALL 
PAY 
IN 
FULL 
TO 
THE 
RETIREES/SURVIVORS THE DIFFERENCE THEREFOR UPON EFFECTIVITY OF 
THIS ACT, ON TOP OF THE BASIC MONTHLY PENSION PAYABLE MONTHLY 
FOR 
LIFE/SURVIVORS’ BENEFITS 
ALREADY 
ACCRUED 
AFTER 
THE 
EXHAUSTION OF THE FIVE-YEAR GUARANTEED PERIOD RECKONED NOT 
EARLIER THAN AGE 60 OR UPON EFFECTIVITY OF HIS LATER RETIREMENT 
BUT NOT BEYOND AGE 65; 
(3) HOWEVER, IF SUCH AGGREGATE SUM IS IN EXCESS OF THE TOTAL 
OF THE FIVE-YEAR GUARANTEED PERIOD OF LUMP SUM OF HIS BASIC 
MONTHLY PENSION, THE EXCESS SHALL FIRST BE APPLIED AS PAYMENT OF 
SUCCEEDING EQUIVALENT BASIC MONTHLY PENSION AFTER 
THE 
EXHAUSTION OF THE FIVE-YEAR GUARANTEED PERIOD RECKONED NOT 
EARLIER THAN AGE 60; OR UPON EFFECTIVITY OF HIS LATER RETIREMENT 
BUT NOT BEYOND AGE 65; AFTER WHICH THE GSIS SHALL PAY HIM THE 
BASIC MONTHLY PENSION PAYABLE MONTHLY FOR LIFElSURVIVORSHIP 
BENEFITS IN THE CASE OF SURVIVORS.” 
SECTION 5. Stutus ofthe Converted Senior Citizen-Retiree. - Upon approval of this Act, 
the status of the converted senior citizen-retiree shall, for all intents and purposes, be the same as 
though he had originally retired under the annuity Pension System. He shall henceforth be 
accorded all the present and future benefits and privileges accruing a retiree under the annuity 
Pension System. However, if an RA 1616 retiree prefers not to be converted under this Act, then 
he shall so state in writing to the GSIS. 


SECTION 6. Funding. - Such sum as may be necessary for the payment of the retirement 
/survivorship benefits under Section 4 of this Act, shall be charged against the accumulated 
aggregate residual actuarial reserves as established pursuant to Section 24 (b) of CA 186, as 
amended, that the GSIS essentially saved from not being required to pay the Old-Age Pension for 
Life as well as the Survivorship Benefits of thousands of RA 1616 retirees whose lump sum 
gratuity was each paid instead by his last employer effective from the time RA 1616 took effect on 
May 31, 1957. 
SECTION 7. lrnplenzenting Guidelines. -The GSIS, in coordination with the Department 
of Budget and Management, shall issue the necessary guidelines for the implementation of this Act 
not later than sixty (60) days afrer the approval hereof. 
SECTION 8. Separability Clause. - If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, 
the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,