Dear PAO,

I have been currently employed in a government agency for more than 25 years and counting. I am now 58 years old, and the increasing frailty of old age has already taken a toll on my health. From time to time, I suffer from severe headaches, coughs and colds. Considering my circumstances, can I now avail of any retirement benefits? Or would it be wiser to file for a permanent total disability benefit?

Eli

Dear Eli,

The answer to your first query is found in Republic Act (RA) 8291, otherwise known as the GSIS Act of 1997. Foremost, Section 13-A of the law provides:

“SECTION 13-A. Conditions for Entitlement. — A member who retires from the service shall be entitled to the retirement benefits in paragraph (a) of Section 13 hereof: Provided, That:

“1.) he has rendered at least fifteen (15) years of service;

“2.) he is at least sixty (60) years old of age at the time of retirement; and

“3.) he is not receiving a monthly pension benefit from permanent total disability.”

Based on the foregoing, you are not yet qualified to the retirement benefits provided for by RA 8291. Although you may have satisfied the first condition, having served the government for more than 15 years, you have failed to meet the age requirement of 60 years old. The nomenclature of the provision requires that the three conditions for entitlement must be simultaneously fulfilled before a government employee can avail of the said retirement benefits.

Emphasizing the third condition, the law also requires that a prospective retiree has not been, at the time of availing the retirement benefit, receiving a monthly pension benefit for permanent total disability. Since this is related to your second query, it would be wise to look at how RA 8291 defines “permanent total disability,” to wit:

“SECTION 2. Definition of Terms. — Unless the context otherwise indicates, the following terms shall mean: xxx

“(q) Disability – Any loss or impairment of the normal functions of the physical and/or mental faculty of a member which reduces or eliminates his/her capacity to continue with his/her current gainful occupation or engage in any other gainful occupation;

“(r) Total Disability — Complete incapacity to continue with his present employment or engage in any gainful occupation due to the loss or impairment of the normal functions of the physical and/or mental faculties of the member;

“(s) Permanent total disability – Accrues or arises when recovery from the [disability] is medically remote; xxx”

Stated simply, RA 8291 defines “permanent total disability” as loss or impairment of the normal functions of the physical and/or mental faculties, the recovery of which is medically remote or improbable. Likewise, this loss or impairment must incapacitate the employee to continue with one’s employment or prohibit him or her from engaging in any other gainful occupation.

Thus, in your case, you may not also qualify for a permanent total disability claim as severe headaches, coughs, and colds, by themselves, are fairly treatable symptoms, and not disabilities defined by law. Moreover, one can still relatively pursue a gainful occupation despite the occurrence of such symptoms. However, it would be best to consult a physician because the persistence of these symptoms may signify and call for higher medical attention.

Nonetheless, you may be qualified to avail of separation benefits, as you have already rendered at least 15 years of services and are below 60 years of age, if you resign. In such a case, you may receive cash payment upfront, and pension benefit when you reach 60 years old. Section 11 (b) of the same law states:

“(b) A cash payment equivalent to eighteen (18) times his basic monthly pension payable at the time of resignation or separation, plus an old-age pension benefit equal to the basic monthly pension payable monthly for life upon reaching the age of sixty (60): Provided, That the member resigns or separates from the service after he has rendered at least fifteen (15) years of service and is below sixty (60) years of age at the time of resignation or separation.”

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]