(P.O. No. 13-05) Republic of the Philippines City of Tagbilaran THE NINTH SANGGUNIANG PANLUNGSOD Sangguniang Panlungsod, City Hall, Tagbilaran City, 6300 Bohol TELEPHONE NOS. 411-3130 PLDT / 2354480 CRUZTELCO / 501-9831 ISLACOM ORDINANCE NO. ____C-183____ Series of 2005 PROVIDING INCENTIVES TO CITY GOVERNMENT PERSONNEL OPTING TO RETIRE OR BE SEPARATED FROM SERVICE IN VIEW OF THE RATIONALIZATION OF THE FUNCTIONAL ORGANIZATION OF THE CITY GOVERNMENT OF TAGBILARAN (Sponsored by HON. NUEVAS T. MONTES, City Vice-Mayor) WHEREAS, in the midst of challenges by globalization, demographic pressures and scarce resources, the government has to define its proper role in society, focus its effort on its core governance functions and improve its performance; WHEREAS, for it to attain improved performance, the city has to institute reforms that would make the bureaucracy into an efficient and result-oriented organization; WHEREAS, Executive Order No. 366, series of 2004 issued by the Her Excellency President Gloria Macapagal-Arroyo has directed the Executive Branch of the Government to rationalize its operational functions and provide options and incentives for government employees who may be affected by it; WHEREAS, guided by the foregoing executive directive and prompted by its dire need to have effective and efficient governance, the city government has devised a scheme of providing incentives to its personnel who will opt to retire or be separated from service under the Rationalization of Functional Organization Program; NOW THEREFORE, BE IT ENACTED by the Ninth Sangguniang Panlungsod of the City of Tagbilaran in session duly assembled: SECTION 1. Title. This ordinance is hereby known as the Early Retirement Program Incentive Scheme (ERPIS) for City Government Employees of Tagbilaran. SECTION 2. Definition of Terms. As used in this ordinance, the following terms shall be construed to mean: 1. Incentive – the amount that will be received by employees who will opt to retire within the availment period provided in this ordinance. 2. Salary Rate – the latest basic monthly salary of the employee before applying for retirement. 3. Regular or Permanent Employee – Employee appointed by virtue of an appropriate civil service eligibility and does not distinguish between a devolved or organic employee. 4. Number of years of service – refers to the number of years of service rendered by the employee to the city government as a permanent or regular employee. A fraction of a year shall be considered as one whole year for the purpose of computing the number of year of service of an employee. SECTION 3. Funding Allocation. The Budget Item, Pension and Retirement Benefits under the Office of the City Mayor is hereby allocated and/or realigned for the purpose of this ordinance. The initial amount of Five Million Pesos (Php5M) is to be allocated to this account taken from various savings and other sources as shown in the hereto attached budget forms (pages 1 to 5) which is made as an integral part of this ordinance. SECTION 4. Coverage. This ordinance shall cover all regular city government employees qualified to retire and who will opt to retire under Republic Act No. 8291 (RA 8291). (P.O. No. 13-05) -page 2- To qualify for retirement, the employee (GSIS Member) must have rendered at least fifteen (15) years of creditable service regardless of age. However, if the employee is below sixty (60) years of age, upon retirement, the employee may avail of the retirement benefit under this mode only upon reaching 60 years of age. The following are the requirements to qualify for retirement under RA 8291: a) The employee (GSIS member) must have rendered at least fifteen (15) years of creditable service; and b) The employee is at least sixty (60) years of age at the time of retirement. SECTION 5. Incentive. Employees who opt to retire at the age of 64 under RA 8291 shall be given incentive in the amount equivalent to one month salary for every year of service up to the 12th year. Employees who opt to retire at the age of 60 to 63 under RA 8291 shall be given incentive in the amount equivalent to one month salary for every year of service up to the 15th year. Employees who opt to retire at the age of 59 and below who are qualified to retire under RA 8291 shall be given incentive in the amount equivalent to one month salary for every year of service. SECTION 6. Availment Period. The Early Retirement Program Incentive Scheme (ERPIS) shall be offered only from May 1, 2005 to June 30, 2005. Employees who will file their retirement application beyond this period will no longer be entitled to the incentives. SECTION 7. Applicants with Pending Administrative Cases. The applications of those with pending administrative cases punishable by dismissal or removal shall be held in abeyance until the final disposition of such cases without prejudice to their receiving benefits under this Ordinance in case of acquittal; SECTION 8. Restriction on the Employment of Retired Personnel. Appointive officials and employees who are retired or separated under this Ordinance shall not be eligible for appointment in the city government whether permanent, temporary, casual or emergency status within a period of eight (8) years after retirement or separation; SECTION 9. Payment Scheme. One half (1/2) of the incentive as provided for under Section 5 of this Ordinance shall be paid in cash upon the approval of the employees’ retirement application by the City Mayor. The balance thereof shall be paid in six (6) months after such approval. SECTION 10. Implementation Process. The Office of the City Mayor shall issue the Implementing Rules and Regulations (IRR) necessary for the proper implementation of this ordinance. The office of the City Mayor shall also evaluate the application of employees and may refuse the application of employees whose functions are deemed vital to the city government. SECTION 11. Compliance and Reporting. After the availment period the Office of the City Mayor shall submit a monthly report to the Civil Service Commission and to the Sangguniang Panlungsod on the progress of the implementation of this Ordinance until all employees who are entitled to incentives as provided under this Ordinance shall have been paid and this Ordinance successfully implemented. The report shall state the names of the employees who availed of this Ordinance, their positions, their number of years of service, their salary, and the amount of incentive they are entitled. (P.O. No. 13-05) -page 3- SECTION 12. Separability Clause. If any part, section, or provision of this Ordinance shall be held invalid or unconstitutional, no other part or section thereof shall be affected thereby. SECTION 13. Repealing Clause. All existing ordinances that are inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. SECTION 14. Dissemination. Copies of this Ordinance shall be furnished to all department heads of the city government, resident auditor of the Commission on Audit, GSIS Tagbilaran Branch, and the field office of the Civil Service Commission for their information, guidance, and appropriate action. SECTION 15. Effectivity. This Ordinance shall take effect upon approval. ENACTED, April 13, 2005. CERTIFIED TO BE DULY ENACTED: (SGD.) NUEVAS T. MONTES City Vice-Mayor Presiding Officer ATTESTED: (SGD.) ALMA E. APARECE Secretary to the Sangguniang Panlungsod Approved April 21, 2005 (SGD.) DAN NERI LIM City Mayor /tmtl*** 4.19.