Apr 022015
 
Two Senate committees have approved the proposal to give monthly survivorship benefits to the spouse and children of deceased Office of the Solicitor General officials who has already retired or died while in active service.

Senate Bill 2709, prepared by the committees on civil service and government reorganization, and finance, as per Committee Report 116, stated that among the officials that will be covered are Solicitor General, Assistant Solicitor General, Senior State Solicitor or State Solicitor.

Under the bill, the surviving legitimate spouse or dependent children of said official shall be entitled to receive on a monthly basis all the retirement benefits that the deceased official was receiving or entitled to receive at the time of death under the provisions of the applicable retirement laws.

A ‘dependent’ means a legitimate, illegitimate, or legally adopted child who is chiefly dependent with the deceased official, is not more 21 years old, unmarried and not gainfully employed, or if such dependent, regardless of age, is incapable of self-support because of mental or physical defect.

It added that the surviving legitimate spouse or dependent child shall continue to receive such retirement benefits during one’s lifetime or until the surviving legitimate spouse remarries or the dependent child marries.

It further said that if the surviving legitimate spouse is receiving benefits under existing retirement laws, the surviving legitimate spouse or dependent child shall only be entitled to the difference between the amount provided for in the proposed law and the benefits they are already receiving.

The proposed measure states that the benefits shall also extend and be granted to the surviving legitimate spouse or dependent children of the OSG officials who died or retired prior to the effectivity of the law.

It also provides that the surviving legitimate spouse or dependent child receiving the benefits shall not, if he or she is a member of the bar, appear as counsel before any court in any civil case wherein the government is the adverse party, or in any criminal case wherein an incumbent or former officer or employee of the government is accused of an offense committed in relation to his or her office, or collect any fee for his or her appearance in any administrative proceeding.

It further stated that when the surviving legitimate spouse or dependent child shall assume an elective public office, he or she shall not, upon assumption of office and during his or her term, receive the benefits provided in the proposed measure.

The funds for the initial implementation of the measure shall be taken out of the current appropriations for the retirement of officers and employees of the OSG Office and/or savings of the said office. The amount, as may be necessary for the continued implementation of this measure shall be included in the annual General Appropriations Act. -NB, GMA News

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