When financial assistance partakes of the nature of a retirement benefit

As a necessary consequence of the invalidity of Res. 56, we can hardly impute abuse of discretion of any sort to respondent Commission for denying petitioners request for reconsideration of the 3rd Indorsement of July 10, 1989. On the contrary, we hold that public respondent in its assailed Decision acted with circumspection in denying petitioners claim. It reasoned thus: After a careful evaluation of the facts herein obtaining, this Commission finds the instant request to be devoid of merit. It bears stress that the financial assistance contemplated under SSS Resolution No. 56 is granted to SSS employees who opt to retire under R.A. No. 660. In fact, by the aggrieved parties own admission (page 2 of the request for reconsideration dated January 12, 1993), it is a financial assistance granted by the SSS management to its employees, in addition to the retirement benefits under Republic Act. No. 660. There is therefore no question, that the said financial assistance partakes of the nature of a retirement benefit that has the effect of modifying existing retirement laws particularly R.A. No. 660. [G.R. No. 116422. November 4, 1996]