Philippine Bar review · Question

Practice question: Coverage; Exclusions; Dependents; Beneficiaries; Benefits

Multiple Choice Hard

Practice question

A member leaves government service before retirement age. At a later compensable contingency, the agency insists that Section4 extinguished all rights upon separation, while the claimant insists that separation automatically gives every benefit without meeting its conditions. Which is best?
  1. Both absolute positions are wrong: membership and qualified rights continue, but each claimed benefit must satisfy its statutory conditions
  2. The agency is always correct because no former employee may claim
  3. The claimant automatically receives every benefit simultaneously
  4. Only the employer decides the law
  5. The contribution record is automatically destroyed

Legal references

  • RA8291, Section4 and applicable benefit provisions: https://lawphil.net/statutes/repacts/ra1997/ra_8291_1997.html

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