Section 22Sec./Art. 22

Absorption, Separation, and Retirement from Service. The existing employees of the transferred and subsumed agencies under this Act shall enjoy security of tenure and shall be absorbed by the Department, in accordance with the staffing patterns and the selection process as prescribed under Republic Act No. 6656 or the Government Reorganization Law.

Employees who are affected by the creation of the Department and are separated from service within six (6) months from the effectivity of this Act as a result of the organization and reorganization under this Act shall receive separations benefits under the Government Reorganization Law, and other applicable laws, rules and regulations: Provided, That those who are qualified to retire and receive retirement benefits under existing retirement laws shall be allowed to retire. Detailed, transferred, or seconded career personnel to the Department from transferred, or seconded career personnel to the Department from transferred or subsumed entities or any government entity shall neither lose seniority in rank or status, nor suffer any diminution of their salaries, allowances, or other privileges and entitlements.

The foregoing separated employees shall also receive additional separation incentives, as follows:

(a) Fifty percent (50) of the actual monthly basic salary for every year of service, for those who have rendered less than eleven (11) years of service;

(b) Seventy-five percent (75%) of the actual monthly basic salary for every year of service computed starting from the first (1st) year, for those who have rendered eleven (11) to less than twenty-one (21) years of service;

(c) The actual monthly basic salary for every year of service, computed starting from the first (1st) year, for those who have rendered twenty-one (21) to less than thirty-one (31) years of service; and

(d) One hundred twenty-five percent (125%) of the actual monthly basic salary for every year of service, computed starting from the first (1st) year, for those who have rendered thirty-one (31) years of service and above.

Provided, That personnel who will be separated from the service as a result of the rationalization of the existing officers and will avail themselves of the incentives shall not be reemployed in any agency of the Executive Branch for a period of five (5) years, except as a teaching or medical staff in educational institutions and hospitals, respectively: Provided, further, That retired or separated personnel who are reemployed within the prohibited period shall return the separation incentives received on a pro-rated basis: Provided, finally, That retired or separated personnel who will undertake consultancy services for the government shall be governed by Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

For purposes of the additional separation incentives, the actual monthly basic salary shall refer to the salary of the affected personnel as of the date of approval of the Departments organizational structure and staffing pattern by the DBM.