Act No. 1638




[ Act No. 1638, April 30, 1907 ] AN ACT PROVIDING FOR THE RETIREMENT OF OFFICERS AND ENLISTED MEN OF THE PHILIPPINES CONSTABULARY ON PART PAY AFTER TWENTY OR MORE YEARS OF SATISFACTORY SERVICE, AND AMENDING ACT NUMBERED SIX HUNDRED AND NINETEEN. By authority of the United States, be it enacted hy the Philippine Commission, that: Section 1. When an officer of the Philippines Constabulary shall have had twenty or more years of continuous, actual, and satisfactory service lie may.ℒαwρhi৷ upon making application therefor, be retired from active service by the Governor-General, and when so retired he shall receive until his death an annual compensation equal to two and one-half per centum, for each year's active service theretofore rendered by him, of the total current pay received annually by him at the time lie is retired. When an enlisted man shall have had twenty or more years of continuous, actual, and satisfactory service he may. upon making application therefor, be retired from active service by the Governor-General, and when so retired shall receive until his death an annual compensation equal to two and one-half per centum, for each year's active service theretofore rendered by him, of the total current pay and allowances received annually by him at the time he is retired : Provided, That the service of any officer or enlisted man shall he considered continuous if he be not separated from the service at any time for a longer period than one year: And provided further, That no officer shall receive an annual compensation equivalent to more than seventy-five per centum of the total current pay received by him at the time he is retired, and that no enlisted man shall receive an annual compensation equivalent to more than seventy-five per centum of the pay and allowances received by him at the time he is retired: And provided further, That the Government of the Philippine Islands shall not be responsible for any compensation or allowance provided by this Act to be paid to any officer or enlisted man of the Philippines Constabulary: And provided further, That the amount required be paid by section fourteen of Act Numbered Six hundred and nineteen, as amended by Act Numbered Eight hundred and eighty-four, shall constitute a first lien on the "Pension and retirement fund of the Philippines Constabulary" mentioned in section three hereof, and shall be paid before any payment is made in accordance with this section. Section 2. All officers and enlisted men of the Constabulary drawing pensions or retirement pay and residing in the Philippine Islands may at any time be called by the Governor-General for active service, during the period of which service they shall be entitled to receive the full pay of their rank or grade on the part of any officer or enlisted man to perform such duty shall terminate his right to further participation in the benefit of this fund, provided he is physically fit for service, such fitness to be determined under regulations to be prescribed by the Secretary of Commerce and Police. Section 3. The fund created by section eleven of Act Numbered Six hundred and nineteen and the fund created by section fourteen of the said Act are hereby consolidated into one fund, to be known as the "Pension and retirement fund of the Philippines Constabulary" and made available for the purposes of this Act as set forth in section one: Provided, That nothing herein contained shall be so interpreted as to repeal those provisions contained in section fourteen of the above-mentioned Act relating to the pensioning for disability of members of the Constabulary: And provided further, That section fourteen of Act Numbered Six hundred and nineteen, from as amended, is hereby further amended by adding after the words "The following amounts shall be deducted and retained from the monthly pay of members of the Constabulary" and before the words" "From the monthly pay of each captain and inspector, one dollar," the following words: "From the monthly pay of each colonel, three pesos and fifty centavos. "From the monthly pay of each lieutenant-colonel, three pesos. "From the monthly pay of each major, two pesos and fifty centavos." Section 4. The investment of the "Pension and retirement fund of the Philippines Constabulary" provided for in section three of. this Act shall be in charge of the Postal Savings Bank Investment Board provided for in section eighteen (a) of Act Numbered Fourteen hundred and ninety-three, subject to the conditions and restrictions set forth in said section eighteen of said Act, as amended by Act Numbered Sixteen hundred and twenty. Section 5. The "Pension and retirement fund of the Philippines Constabulary" shall be kept as a separate trust fund by the Insular Treasurer and shall be used for no other purposes than those expressly provided for in this Act and in Act Numbered Six hundred and nineteen: Provided, That said fund shall be audited by the Insular Auditor. Section 6. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. Section 7. This Act shall take effect on July first, nineteen hundred and seven. Enacted, April 30, 1907. The Lawphil Project - Arellano Law Foundation