Please remedy oversights, retiree appeals to GSIS
After 17 years of government service, I filed an application for retirement under Presidential Decree No. 1146 of 1977, effective Jan. 1, 1987. It was approved by the Government Service Insurance System (GSIS) as contained in its letter dated Feb. 16, 1987. The GSIS letter also granted a five-year lump sum to be paid on the 60th birthday or on April 20, 2009, and with the monthly pension to start April 20, 2014, if living; and clearance for the payment of terminal and other benefits, payable by the Development Bank of the Philippines which granted me the gratuity pay on Feb. 24, 1987.
However, I made an oversight through error in judgment by filing the Feb. 26, 1987 letter of withdrawal of retirement application under PD 1146 and opting to leave the service through resignation just to be granted an immediate cash benefit. The GSIS in its Feb. 27, 1987 letter allowed the withdrawal of retirement application at the time it was already approved, thus committing an oversight, specifically violating its Feb. 27, 1977 Board Resolution No. 160, which states that “An application for retirement or resignation once approved cannot be withdrawn, rescinded or recalled for any reason whatsoever.”
Nevertheless the GSIS granted the payment of personal share with interest under Republic Act No. 1616 of 1957 as indicated in the voucher-check dated March 11, 1987. But since my government service was short of the 20-year minimum requirement under RA 1616, the payment was based on the provision common to both Section 11 (d) of Commonwealth Act No. 186 of 1936 and Section 8 (d) of RA 660 of 1951—the dismissal for cause and voluntary separation, with the grant of payment which was the same as that of RA 1616.
It must be noted that payment was an oversight since the cited provision under RA 1616 was amended by RA 4968 of 1967 that covers the refund not only of personal share with interest but also of government share, while the provision common to both CA 186 and RA 660 was deleted in accordance with Section 4 of PD 1981 of 1985 (amending PD 1146 of 1977), which states: “That if he is separated for cause or considered resigned, he automatically forfeits said benefits.”
After a series of communications, appeals and petitions (over a year) related to my retirement claim under PD 1146, the GSIS Board of Trustees denied it per its Resolution No. 151 dated Dec. 12, 2013. However, the denial was made on the basis of the two related oversights.
Under an Aquino administration that promotes equity, correcting the oversight committed by both parties is most anticipated, and it is the GSIS which is in the position, with its administrative authority, to do it.
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