Section 4Sec./Art. 4

Death Benefits. - In case an official or employee covered by this Act dies while in actual service, regardless of his her age and length of service as required in the first and second paragraphs of Section 3 of this Act, his or her heirs shall received a lump sum of five (5) year's gratuity computed on the highest aggregate of transportation, living and representation allowances being received by the concerned official or employee at the time of death: Provided, however, That where said official or employee has rendered as least fifteen (15) years of government service, either in the Office of the Ombudsman or in any branch of government, or both, his or her heirs shall instead be entitled to a lump sum of ten (10) years gratuitycomputed on the same basis as indicated in this provision: Provided, further, That the lump sum of ten (10) years gratuity shall be received by the heirs of an Ombudsman official or employee who was killed by reason of his her duties as such: Provided, That the official or employee has sesrved in the Office of the Ombudsman for at least five (5) years regardless of age at the time of death.

When an Ombudsman official or employee is killed intentionally while in service, the presumption is that the death is work-related.