Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
8291 May 30, 1997 "(k) Current Daily Compensation- The actual daily compensation
or the actual monthly compensation divided by the number of
working days in the month of contingency but not to exceed
AN ACT AMENDING PRESIDENTIAL DECREE NO. 1146, AS
twenty-two (22) days;
AMENDED, EXPANDING AND INCREASING THE COVERAGE
AND BENEFITS OF THE GOVERNMENT SERVICE INSURANCE
SYSTEM, INSTITUTING REFORMS THEREIN AND FOR OTHER "(l) Average Monthly Compensation (AMC)- The quotient arrived
PURPOSES at after dividing the aggregate compensation received by the
member during his last thirty-six (36) months of service preceding
his separation/retirement/ disability/death by thirty-six (36), or by
Be it enacted by the Senate and House of Representatives of the Philippines in
the number of months he received such compensation if he has less
Congress assembled:
than thirty-six (36) months of service: Provided, That the average
monthly compensation shall in no case exceed the amount and rate
Section 1. Presidential Decree No. 1146, as amended, otherwise known as as may be respectively set by the Board under the rules and
the "Revised Government Service Insurance Act of 1977", is hereby further regulations implementing this Act as determined by the actuary of
amended to read as follows: the GSIS: Provided, further, That initially the average monthly
compensation shall not exceed Ten thousand pesos (P10,000.00),
and premium shall be nine percent (9%) and twelve percent (12%)
"SECTION 1. Title. - The title of this Act shall be: "The for employee and employer covering the AMC limit and below and
Government Service Insurance System Act of 1997." two percent (2%) and twelve percent (12%) for employee and
employer covering the compensation above the AMC limit;
"A. DEFINITIONS
"(m) Revalued average monthly compensation- An amount equal
"SEC. 2. Definition of terms.- Unless the context otherwise to one hundred seventy percent (170%) of the first One thousand
indicates, the following terms shall mean: pesos (P1,000.00) of the average monthly compensation plus one
hundred percent (100%) of the average monthly compensation in
excess of One thousand pesos (P1,000.00);
"(a) GSIS- The Government Service Insurance System created by
Commonwealth Act No. 186;
"(n) Lump sum- The basic monthly pension multiplied by sixty
(60);
"(b) Board- The Board of Trustees of the Government Service
Insurance System;
"(o) Pensioner- Any person receiving old-age permanent total
disability pension or any person who has received the lump sum
"(c) Employer- The national government, its political subdivisions, excluding one receiving survivorship pension benefits as defined in
branches, agencies or instrumentalities, including government- Section 20 of this Act;
owned or controlled corporations, and financial institutions with
original charters, the constitutional commissions and the judiciary;
"(p) Gainful Occupation- Any productive activity that provided the
member with income at least equal to the minimum compensation
"(d) Employee or Member- Any person receiving compensation of government employees;
while in the service of an employer as defined herein, whether by
election or appointment, irrespective of status of appointment,
including barangay and Sanggunian officials; "(q) Disability- Any loss or impairment of the normal functions of
the physical and/or mental faculty of a member which reduces or
eliminates his/her capacity to continue with his/her current gainful
"(e) Active Member- A member who is not separated from the occupation or engage in any other gainful occupation;
service;
"(g) Primary beneficiaries- The legal dependent spouse until "(t) Temporary Total Disability- Accrues or arises when the
he/she remarries and the dependent children; impaired physical and/or mental faculties can be rehabilitated
and/or restored to their normal functions;
"(h) Secondary beneficiaries- The dependent parents and, subject
to the restrictions on dependent children, the legitimate "(u) Permanent Partial Disability- Accrues or arises upon the
descendants; irrevocable loss or impairment of certain portion/s of the physical
faculties, despite which the member is able to pursue a gainful
occupation.
"(i) Compensation- The basic pay or salary received by an
employee, pursuant to his election/appointment, excluding per
diems, bonuses, overtime pay, honoraria, allowances and any other "B. MEMBERSHIP IN THE GSIS
emoluments received in addition to the basic pay which are not
integrated into the basic pay under existing laws;
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"SEC. 3. Compulsory Membership. - Membership in the GSIS apply. The remittance by the employer of the contribution to the
shall be compulsory for all employees receiving compensation who GSIS shall take priority over and above the payment of any and all
have not reached the compulsory retirement age, irrespective of obligations, except salaries and wages of its employees.
employment status, except members of the Armed Forces of the
Philippines and the Philippine National Police, subject to the
"SEC. 7. Interest on Delayed Remittances. - Agencies which delay
condition that they must settle first their financial obligation with
the remittance of any and all monies due the GSIS shall be charged
the GSIS, and contractuals who have no employer and employee
interests as may be prescribed by the Board but not less than two
relationship with the agencies they serve.
percent (2%) simple interest per month. Such interest shall be paid
by the employers concerned.
"Except for the members of the judiciary and constitutional
commissions who shall have life insurance only, all members of
"SEC. 8. Government Guarantee. - The government of the
the GSIS shall have life insurance, retirement, and all other social
Republic of the Philippines hereby guarantees the fulfillment of the
security protections such as disability, survivorship, separation,
obligations of the GSIS to its members as and when they fall due.
and unemployment benefits.
"D. BENEFITS
"SEC. 4. Effect of Separation from the Service. - A member
separated from the service shall continue to be a member, and shall
be entitled to whatever benefits he has qualified to in the event of "SEC. 9. Computation of the Basic Monthly Pension. - (a) The
any contingency compensable under this Act. basic monthly pension is equal to:
"C. SOURCES OF FUNDS "1) thirty-seven and one-half percent (37.5%) of the revalued
average monthly compensation; plus
"SEC. 5. Contributions. - (a) It shall be mandatory for the member
and employer to pay the monthly contributions specified in the "2) two and one-half percent (2.5%) of said revalued average
following schedule: monthly compensation for each year of service in excess of (15)
years: Provided, That the basic monthly pension shall not exceed
ninety percent (90%) of the average monthly compensation.
"Monthly Compensation
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"(b) a cash payment equivalent to eighteen (18) times his basic "SEC. 13-A. Conditions for Entitlement. - A member who retires
monthly pension at the time of resignation or separation, plus an from the service shall be entitled to the retirement benefits
old-age pension benefit equal to the basic monthly pension payable enumerated in paragraph (a) of Section 13 hereof: Provided, That:
monthly for life upon reaching the age of sixty (60): Provided, that
the member resigns or separates from the service after he has
(1) he has rendered at least fifteen years of service;
rendered at least fifteen (15) years of service and is below sixty
(60) years of age at the time of resignation or separation.
(2) he is at least sixty (60) years of age at the time of
retirement; and
"SEC. 12. Unemployment or Involuntary Separation Benefits. -
Unemployment benefits in the form of monthly cash payments
equivalent to fifty percent (50%) of the average monthly (3) he is not receiving a monthly pension benefit from
compensation shall be paid to a permanent employee who is permanent total disability.
involuntarily separated from the service due to the abolition of his
office or position usually resulting from
"SEC. 14. Periodic Pension Adjustment. - The monthly pension of
reorganization: Provided, That he has been paying integrated
all pensioners including all those receiving survivorship pension
contributions for at least one (1) year prior to separation.
benefits shall be periodically adjusted as may be recommended by
Unemployment benefits shall be paid in accordance with the
the GSIS actuary and approved by the Board in accordance with
following schedules:
the rules and regulations prescribed by the GSIS.
"(1) he is reemployed; or
"(b) Unless the service is extended by appropriate authorities,
retirement shall be compulsory for an employee of sixty-five (65)
years of age with at least fifteen (15) years of "(2) he recovers from his disability as determined by
service: Provided, That if he has less than fifteen (15) years of the GSIS, whose decision shall be final and binding; or
service, he may be allowed to continue in the service in accordance
with existing civil service rules and regulations.
"(3) he fails to present himself for medical examination
when required by the GSIS.
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"(d) The following disabilities shall be deemed total and "Provided, however, That a member cannot enjoy the temporary
permanent: total disability benefit and sick leave pay
simultaneously: Provided, further, That if the disability requires
more extensive treatment that lasts beyond one hundred twenty
"(1) complete loss of sight of both eyes;
(120) days, the payment of the temporary total disability benefit
may be extended by the GSIS but not to exceed a total of two
"(2) loss of two (2) limbs at or above the ankle or wrist; hundred forty (240) days.
"(3) permanent complete paralysis of two (2) limbs; "(b) The temporary total disability benefit shall in no case be less
than Seventy pesos (P70.00) a day.
"(4) brain injury resulting in incurable imbecility or
insanity; and "(c) The notices required of the member and the employer, the
mode of payment, and the other requirements for entitlement to
temporary total disability benefits shall be provided in the rules
"(5) such other cases as may be determined by the and regulations to be prescribed by the GSIS.
GSIS.
(iii) one arm (2) the dependent children’s pension not exceeding fifty
percent (50%) of the basic monthly pension
(iv) one hand
"SEC. 21. Death of a Member. - (a) Upon the death of a member,
the primary beneficiaries shall be entitled to:
(v) one foot
(viii) hearing of one or both ears (ii) if separated from the service, has at least
three (3) years of service at the time of his
(ix) sight of both eyes death and has paid thirty-six (36) monthly
contributions within the five-year period
immediately preceding his death; or has paid
"(2) such other cases as my be determined by the GSIS. a total of at least one hundred eighty (180)
monthly contributions prior to his death; or
"TEMPORARY DISABILITY BENEFITS
(2) the survivorship pension plus a cash payment
"SEC. 18. Temporary Total Disability Benefits. - (a) A member equivalent to one hundred percent (100%) of his
who suffers temporary total disability for reasons not due to any of average monthly compensation for every year of
the conditions enumerated in Section 15 hereof shall be entitled to service: Provided, That the deceased was in the service
seventy-five percent (75%) of his current daily compensation for at the time of his death with at least three (3) years of
each day or fraction thereof of temporary disability benefit not service; or
exceeding one hundred twenty (120) days in one calendar year
after exhausting all his sick leave credits and collective bargaining (3) a cash payment equivalent to one hundred percent
agreement sick leave benefits, if any, but not earlier than the fourth (100%) of his average monthly compensation for each
day of his temporary total disability: Provided, That: year of service he paid contributions, but not less than
Twelve thousand pesos (P12,000.00): Provided, That
"(1) he is in the service at the time of his disability; or the deceased has rendered at least three (3) years of
service prior to his death but does not qualify for the
benefits under item (1) or (2) of this paragraph.
"(2) if separated, he has rendered at least three (3) years
of service and has paid at least six (6) monthly
contributions in the twelve-month period immediately (b) The survivorship pension shall be paid as follows:
preceding his disability.
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(1) when the dependent spouse is the only survivor, "SEC. 24. Compulsory Life Insurance. - All employees except for
he/she shall receive the basic survivorship pension for Members of the Armed Forces of the Philippines (AFP) and the
life or until he/she remarries; Philippine National Police (PNP) shall, under such terms and
conditions as may be promulgated by the GSIS, be compulsorily
covered with life insurance, which shall automatically take effect
(2) when only dependent children are the survivors,
as follows:
they shall be entitled to the basic survivorship pension
for as long as they are qualified, plus the dependent
children’s pension equivalent to ten percent (10%) of (1) for those employed after the effectivity of this Act,
the basic monthly pension for every dependent child not their insurance shall take effect on the date of their
exceeding five (5), counted from the youngest and employment;
without substitution;
(2) for those whose insurance will mature after the
(3) when the survivors are the dependent spouse and the effectivity of this Act, their insurance shall be deemed
dependent children, the dependent spouse shall receive renewed on the day following the maturity or expiry
the basic survivorship pension for life or until he/she date of their insurance;
remarries, and the dependent children shall receive the
dependent children’s pension mentioned in the
(3) for those without any life insurance as of the
immediately preceding paragraph (2) hereof.
effectivity of this Act, their insurance shall take effect
following said effectivity.
(c) In the absence of primary beneficiaries, the secondary
beneficiaries shall be entitled to:
"SEC. 25. Dividends. - An annual dividend may be granted to all
members of the GSIS whose life insurance is in force for at least
(1) the cash payment equivalent to one hundred percent one (1) year in accordance with a dividends allocation formula to
(100%) of his average monthly compensation for each be determined by the GSIS.
year of service he paid contributions, but not less than
Twelve thousand pesos (P12,000.00): Provided, That
"SEC. 26. Optional Insurance. - Subject to the rules and
the member is in the service at the time of his death and
regulations prescribed by the GSIS, a member may apply for
has at least three (3) years of service; or
insurance and/or pre-need coverage embracing life, health,
hospitalization, education, memorial plans, and such other plans as
(2) in the absence of secondary beneficiaries, the may be designed by the GSIS, for himself and/or his dependents.
benefits under this paragraph shall be paid to his legal Any employer may likewise apply for group insurance coverage
heirs. for its employees. The payment of the premiums/installments for
optional insurance and pre-need products may be made by the
insured or his employer and/or any person acceptable to the GSIS.
(d) For purposes of the survivorship benefits, legitimate children
shall include legally adopted and legitimated children.
"SEC. 27. Reinsurance. - The GSIS may reinsure any of its
interests or part thereof with any private company or reinsurer
"SEC. 22. Death of a Pensioner. - Upon the death of an old-age
whether domestic of foreign: Provided, That the GSIS shall submit
pensioner or a member receiving the monthly income benefit for
an annual report on its reinsurance operations to the Insurance
permanent disability, the qualified beneficiaries shall be entitled to
Commission.
the survivorship pension defined in Section 20 of this Act, subject
to the provisions of paragraph (b) of Section 21 hereof. When the
pensioner dies within the period covered by the lump sum, the "E. ADJUDICATION OF CLAIMS AND DISPUTES
survivorship pension shall be paid only after the expiration of the
said period.
"SEC. 28. Prescription. - Claims for benefits under this Act except
for life and retirement shall prescribe after four (4) years from the
"FUNERAL BENEFITS date of contingency.
"SEC. 23. Funeral Benefits. - The amount of the funeral benefits "SEC. 29. Facility of Payment. - The GSIS shall prescribe rules
shall be determined and specified by the GSIS in the rules and and regulations to facilitate payment of benefits, proceeds, and
regulations but shall not be less than Twelve thousand pesos claims under this Act and any other laws administered by the
(P12,000.00): Provided, That it shall be increased to at least GSIS. Payments made by the GSIS prior to its receipt of an
Eighteen thousand pesos (P18,000.00) after five (5) years and shall adverse claim, to a beneficiary or claimant subsequently found not
be paid upon the death of: entitled thereto, shall not bar the legal and eligible recipient to his
right to demand the payment of benefits, proceeds, and claims
from the GSIS, who shall, however, have a right to institute the
(a) an active member as defined under Section 2 (e) of
appropriate action in a court of law against the ineligible recipient.
this Act; or
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(30) working days from the time they are submitted by the parties "SEC. 36. Investment of Funds. - The funds of the GSIS which are
for decision. not needed to meet the current obligations may be invested under
such terms and conditions and rules and regulations as may be
prescribed by the Board: Provided, That investments shall satisfy
"SEC. 31. Appeals. - Appeals from any decision or award of the
the requirements of liquidity, safety/security and yield in order to
Board shall be governed by Rules 43 and 45 of the 1997 Rules of
ensure the actuarial solvency of the funds of the GSIS: Provided,
Civil Procedure adopted by the Supreme Court on April 8, 1997
further, That the GSIS shall submit an annual report on all
which will take effect on July 1, 1997: Provided, That pending
investments made to both Houses of Congress of the Philippines,
cases and those filed prior to July 1, 1997 shall be governed by the
to wit:
applicable rules of procedure: Provided, further, That the appeal
shall take precedence over all other cases except criminal cases
when the penalty of life imprisonment or death or reclusion (a) in interest-bearing bonds or securities or other
perpetua is imposable. evidence of indebtedness of the Government of the
Philippines;
The appeal shall not stay the execution of the order or award unless
ordered by the Board, by the Court of Appeals or by the Supreme (b) in interest-bearing deposits or securities in any
Court and the appeal shall be without prejudice to the special civil domestic bank doing business in the
action of certiorari when proper. Philippines: Provided, That in the case of such
deposits, there shall not exceed at any time the
unimpaired capital and surplus or total private deposits
"SEC. 32. Execution of Decision. - When no appeal is perfected
of the depository bank, whichever is smaller: Provided,
and there is no order to stay by the Board, by the Court of Appeals
further, That the said bank has prior designation as a
or by the Supreme Court, any decision or award of the Board shall
depository for the purpose by the Monetary Board of
be enforced and executed in the same manner as decisions of the
the Central Monetary Authority;
Regional Trial Court. For this purpose, the Board shall have the
power to issue to the city or provincial sheriff or its appointed
sheriff such writs of execution as may be necessary for the (c) in direct housing loans to members and group
enforcement of such decision or award, and any person who shall housing projects secured by first mortgage, giving
fail or refuse to comply with such decision, award, writ or process priority to the low income groups and in short and
after being required to do so shall, upon application by the GSIS, medium term loans to members such as salary, policy,
be punished for contempt. educational, emergency stock purchase plan and other
similar loans: Provided, That no less than forty percent
(40%) of the investible fund of the GSIS Social
"SEC. 33. Oaths, Witnesses, and Production of Records. - When
Insurance Fund shall be invested for these purposes;
authorized by the Board, an official or employee of the GSIS shall
have the power to administer oath and affirmation, take deposition,
certify to official acts, and issue subpoena ad (d) in bonds, securities, promissory notes or other
testificandum and subpoena duces tecum to compel the attendance evidence of indebtedness of educational or medical
of witnesses and the production of books, papers, correspondences, institutions to finance the construction, improvement
and other records deemed necessary as evidence in connection and maintenance of schools and hospitals;
with any question arising under this Act. Any case of contumacy
shall be dealt with in accordance with the provisions of Section
(e) in real estate property including shares of stocks
580 of the Revised Administrative Code.
involving real state property and investments secured
by first mortgages on real estate or other collaterals
"F. FUNDS OF THE GSIS acceptable to the GSIS: Provided, That such investment
shall, in the determination of the Board, redound to the
benefit of the GSIS, its members as well as the general
"SEC. 34. Funds. - All contributions payable under Section 5 of
public;
this Act together with the earnings and accruals thereon shall
constitute the GSIS Social Insurance Fund. The said fund shall be
used to finance the benefits administered by the GSIS under this (f) in debt instruments and other securities traded in the
Act. In addition, the GSIS shall administer the optional insurance secondary markets;
fund for the insurance coverage described in Section 26 hereof, the
Employees’ Compensation Insurance Fund created under P.D. 626,
(g) in loans to, or in bonds, debentures, promissory
as amended, General Insurance Fund created under Act No. 656, as
notes or other evidence of indebtedness of any solvent
amended, and such other special funds existing or that may be
corporation created or existing under the laws of the
created for special groups or persons rendering services to the
Philippines;
government. The GSIS shall maintain the required reserves to
guarantee the fulfillment of its obligations under this Act.
(h) in common and preferred stocks of any solvent
corporation or financial institution created or existing
The funds of the GSIS shall not be used for purposes other than
under the laws of the Philippines listed in the stock
what are provided for under this Act. Moreover, no portion of the
exchange with proven track record of profitability over
funds of the GSIS or income thereof shall accrue to the General
the last three (3) years and payment of dividends at
Fund of the national government and its political subdivisions,
least once over the same period;
instrumentalities and other agencies including government-owned
and controlled corporations except as may be allowed under this
Act. (i) in domestic mutual funds including investments
related to the operations of mutual funds; and
"SEC. 35. Deposits and Disbursements. - All revenues collected
and all accruals thereto shall be deposited, administered and (j) in foreign mutual funds and in foreign currency
disbursed in accordance with the law. A maximum expense deposits or foreign currency-denominated debts, non-
loading of twelve percent (12%) of the yearly revenues from all speculative equities and other financial instruments or
sources may be disbursed for administrative and operational other assets issued in accordance with existing laws of
expenses except as may be otherwise approved by the President of the countries where such financial instruments are
the Philippines on the basis of actuarial and management studies. issued: Provided, That these instruments or assets are
listed in bourses of the respective countries where these
6
instruments or assets are issued: Provided, further, That effective exercise of the powers and functions, and the
the issuing company has proven track record of discharge of duties and responsibilities of the GSIS, its
profitability over the last three (3) years and payment of officers and employees;
dividends at least once over the same period.
(b) to adopt or approve the annual and supplemental
"SEC. 37. Records and Reports. - The GSIS shall keep and cause budget of receipts and expenditures including salaries
to keep such records as may be necessary for the purpose of and allowances of the GSIS personnel; to authorize
making actuarial studies, calculations and valuations of the funds such capital and operating expenditures and
of the GSIS including such data needed in the computation of rates disbursements of the GSIS as may be necessary and
of disability, mortality, morbidity, separation and retirement proper for the effective management and operation of
among the members and any other information useful for the the GSIS;
adjustment of the benefits of the members. The GSIS shall
maintain appropriate books of accounts to record its assets,
(c) to invest the funds of the GSIS, directly or
liabilities, income, expenses, receipts and disbursement of funds
indirectly, in accordance with the provisions of this
and other financial transactions and operations.
Act;
"SEC. 40. Implementing Body. - The Government Service (m) to approve appointments in the GSIS except
Insurance System as created under Commonwealth Act No. 186 appointments to positions which are policy
shall implement the provisions of this Act. determining, primarily confidential or highly technical
in nature according to the Civil Service rules and
regulations: Provided, That all positions in the GSIS
"SEC. 41. Powers and Functions of the GSIS. - The GSIS shall shall be governed by the compensation and position
exercise the following powers and functions: classification system and qualifications standards
approved by the GSIS Board of Trustees based on a
comprehensive job analysis and audit of actual duties
(a) to formulate, adopt, amend and/or rescind such rules
and responsibilities: Provided, further, That the
and regulations as may be necessary to carry out the
compensation plan shall be comparable with the
provisions and purposes of this Act, as well as the
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prevailing compensation plans in the private sector and actions or suits, criminal, civil or administrative or
shall be subject to the periodic review by the Board no otherwise, before the courts, tribunals, commissions,
more than once every four (4) years without prejudice boards, or bodies of proper jurisdiction within thirty
to yearly merit reviews or increases based on (30) days reckoned from the expiry date of the period
productivity and profitability; fixed in the demand within which to pay or settle the
account;
(n) to design and adopt an Early Retirement Incentives
Plan (ERIP) and/or financial assistance for the purpose (x) to design and implement programs that will promote
of retirement for its own personnel; and mobilize savings and provide additional resources
for social security expansion and at the same time
afford individual members appropriate returns on their
(o) to fix and periodically review and adjust the rates of
savings/investments. The programs shall be so designed
interest and other terms and conditions for loans and
as to spur socio-economic take-off and maintain
credits extended to members or other persons, whether
continued growth; and
natural or juridical;
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"SEC. 52. Penalty. - (a) Any person found to have participated from practicing any profession or calling licensed by the
directly or indirectly in the commission of fraud, collusion, government.
falsification, or misrepresentation in any transaction with the
GSIS, whether for him or for some other persons, shall suffer the
"(h) The officers and/or personnel referred to in paragraph (g) of
penalties provided for in Article 172 of the Revised Penal Code.
this section shall be liable not only criminally but also civilly to the
GSIS or to the employee or member concerned in the form of
"(b) Whoever shall obtain or receive any money or check invoking damages, including surcharges and interests.
any provision of this Act or any agreement thereunder, without
being entitled thereto with the intent to defraud any member, any
"(i) For the charges or complaints referred to in paragraph (g) of
employer, the GSIS, or any third party, shall be punished by a fine
this section, the liabilities therein set forth shall be construed as
of not less than Five thousand pesos (P5,000.00) nor more than
waiver of the State of its immunity from suit, hence, the above-
Twenty thousand pesos (P20,000.00) or by imprisonment of not
mentioned officials and/or personnel may not invoke the defense
less than six (6) years and one (1) day to twelve (12) years, or both,
of non-suability of the State.
at the discretion of the court.
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Approved: May 30, 1997.
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