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05 September 2017

DEPARTMENT OF LABOR AND EMPLOYMENT


Bureau of Labor Relations
3rd Floor DOLE Building
Muralla Street
Intramuros, Manila

Attention: HON. TERESITA S. CUCUECO


Director IV
Bureau of Working Conditions

Re: “Retirement Benefits”

Dear Director Cucueco:

We respectfully request your opinion/position on the following query relative to Republic


Act No. 4917 (AN ACT PROVIDING THAT RETIREMENT BENEFITS OF EMPLOYEES OF
A PRIVATE FIRMS SHALL NOT BE SUBJECT TO ATTACHMENT, LEVY, EXECUTION
OR ANY TAX WHATSOVER).

1. Can a resigning employee who is entitled to retirement


benefits under his employer’s retirement plan avail thereof
tax free?

2. Will the provision under RA 4917 in this regard apply even


if the employer’s retirement plan does not explicitly provide
that the retirement benefit is tax free?

Your response will be very much appreciated.

Very truly yours,