Republic of the Philippines /
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo, _982

Introduced by HON. NIEL “JUNJUN*C. TUPAS, JR.
5" District, Hoilo

EXPLANATORY NOTE

The 1987 Constitution provides that the State shall, from time to time, review to upgrade the
pensions and other benefits due to retirees of both the government and the private sectors (Art
XVI, Sec. 8, 1987 Constitution). Hence, this bill seeks to augment the retirement benefits now
found in various retirement laws for government employees by granting survivorship benefits to
the surviving legitimate spouse of a deceased retired member of the Office of the Solicitor
General (OSG)

Under Sec. 3 of Republic Act (R.A.) No. 9417, the Solicitor General shall have cabinet rank and
the same qualifications for appointment, rank, prerogatives, salaries, allowances, benefits and
privileges as the Presiding Justice of the Court of Appeals, an Assistant Solicitor General, those
of an Associate Justice of the Court of Appeals; and Senior State Solicitor, State Solicitor II and
State Solicitor I those of a Regional Trial Court Judge, Metropolitan Trial Court Judge, and
Municipal Trial Court in Cities Judge, respectively. In January 2010, Congress enacted Republic
Act (R.A.) No. 9946, an Act amending RA No. 910 and granting additional retirement and
survivorship benefits for members of the Judiciary

While RA No. 9417 expressly states that_ members of the Office of the Solicitor General (OSG)
shall have the same rank, salaries and benefits as that of trial court judges and Justices, the
benefits provided for by RA No, 9946 are reserved for members of the judiciary only. Thus, this
measure serves to equalize the benefits received by these government lawyers by similarly
affording the same benefits to members of the Judiciary to the surviving legitimate spouse of a
deceased retired member of the Office of the Solicitor General (OSG)

In view of the foregoing, immediate approval of this measure is earnestly sought

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OX. NIEL, mor TI 5 IR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

982

HOUSE BILL NO.

Introduced by HON. NIEL “JUNJUN”C. TUPAS, JR.
5" District, oilo

AN ACT
GRANTING SURVIVORSHIP BENEFITS TO THE SURVIVING LEGITIMATE
SPOUSE OF A DECEASED RETIRED MEMBER OF THE OFFICE OF THE
SOLICITOR GENERAL

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Coverage. ~ In case of the death of a retired Solicitor General, Assistant Solicitor
General, Senior State Solicitors, and the State Solicitors under the Office of Solicitor General,
surviving legitimate spouse of the deceased retiree shall be entitled to receive on a monthly
s all the retirement benefits that the end deceased retiree was receiving at the time of his/her
demise under the provisions of applicable retirement laws then in force. The said surviving
legitimate spouse shall continue to receive such retirement benefits during his/her lifetime or
until he/she remarries: Provided, That if the surviving legitimate spouse is receiving benefits
under existing retirement laws, he/she shall only be entitled to the difference between the amount
provided for in this Act and the benefits he/she is receiving

2. The benefits provided for under this Act shall be granted to all the aforementioned
members of the Office of Solicitor General who have died and retired prior to the effectivity of
this Act.

SEC. 3. Funding. Funds for the initial implementation of this Act shall be taken out of the
current appropriations for the retirement of the officers and employees of the Office of the
Solicitor General and/or savings of the said Office. Thereafter, such sums as may be necessary
for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

SEC. 4. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation

Approved