AN ACT GRANTING SURVIVORSHIP BENEFITS TO THE SURVIVING LEGITIMATE SPOUSE AND DEPENDENT CHILDREN OF A DECEASED RETIRED MEMBER OF THE NATIONAL PROSECUTION SERVICE AND APPROPRIATING FUNDS THEREFOR

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11643, January 11, 2022 ]

AN ACT GRANTING SURVIVORSHIP BENEFITS TO THE SURVIVING LEGITIMATE SPOUSE AND DEPENDENT CHILDREN OF A DECEASED RETIRED MEMBER OF THE NATIONAL PROSECUTION SERVICE AND APPROPRIATING FUNDS THEREFOR

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

Section 1. In case of death of a retired member of the National Prosecution Service (NPS) or a member thereof who is eligible to retire optionally at the time of death, the surviving legitimate spouse and dependent children of said deceased member shall be entitled to receive all the retirement benefits that the deceased was receiving or entitled to received.

Members of the NPS shall include all prosecution in the Office of the Secretary of Justice, the Regional Prosecution Office and the offices of the Provincial and City Prosecutors.

As used in this Act, “dependent” refers to a legitimate, illegitimate or legally adopted child who is chiefly dependent on the said deceased member of the NPS if such dependent is not more than twenty-one (21) years of age, unmarried and not gainfully employed, or if such dependent, regardless of age, is incapable of self-support because of any mental or physical defect or condition.

The surviving legitimate spouse shall continue to receive during his or her lifetime said retirement benefits until such spouse remarries: Provided, That the surviving spouse and dependent children shall each equally share the retirement benefits.

Section 2. The amount necessary for the immediate implementation of this Act shall be included in the annual General Appropriations Act.

Section 3. The benefits provided in this Act shall also be granted to the surviving spouse and dependent children of the member pf the NPS who died one (1) year prior to the effectivity of this Act.

Section 4. Should any provision of this Act be declared invalid, the remaining provisions shall continue to be in force and effect.

Section 5. All laws, presidential decrees, executive orders, proclamations, memorandum orders, instructions, rules and regulations or parts thereof inconsistent with this Act are hereby amended or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which is a consolidation of House Bill No. 9087 and Senate Bill No. 2373 was passed by the House of Representatives and the Senate of the Philippines on November 29, 2021 and November 8, 2021, respectively.

Approved: JAN 11 2022

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines