Question Can a retired member of HRMPSB be part of the HRMPSB after his/her 65th birthday

Good day!

I would just like to clarify. Is it allowable that an HRMPSB Member who is already 65 years old and has already retired from the service be part of the HRMPSB?

To give a clearer example. If for example,today is the 65th birthday of Division Chief X. Is it allowable that he or she would still function as HRMPSB member even after his/her 65th birthday like joining the interview process (i.e. ask questions to applicants),rating the applicants for the position that he/she have vacated?

Good day Sir/Madam:

Please be informed that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Nevertheless, we invite your attention to Section 129, Rule XII of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), Revised July 2018, which provides that:

Sec. 129. No person who has reached the compulsory retirement age of 65 years can be appointed to any position in the government, except to a primarily confidential position.

A person appointed to a primarily confidential position who reaches the age of 65 is considered automatically extended in the service until the expiry date of his/her appointment or until his/her services are earlier terminated.

The extension of service of a person who will reach the compulsory retirement age of 65 years may be allowed for a period of six (6) months and in meritorious circumstances may be extended for another six (6) months. The request for extension shall be made by the Head of Office. The same shall be filed with the Commission not later than three (3) months prior to the date of the official/employee’s compulsory retirement. Services rendered during the period of extension shall no longer be credited as government service.

Based on the above-stated provision, a person who has reached the compulsory retirement age of 65 cannot be appointed to any position in the government. However, if the position is classified as primarily confidential, the appointment shall be allowed.

In the present case, if the HRMPSB member has already retired upon reaching the compulsory retirement age of 65 and is subsequently appointed to a primarily confidential position, he/she is allowed to take part in the functions of an HRMPSB member.

However, please take note of the composition of the HRMPSB as laid down in Section 88, Rule IX of the 2017 ORAOHRA.

We hope that we were able to answer your query.