Social Legislation Principles

SOCIAL LEGISLATION
SSS
Principles
GSIS
Covered employees are entitled to a

package of benefits under the Social
Security and Employees'
Compensation (EC) Programs in the
event of death, disability, sickness,
maternity and old age. Self-employed and
voluntary members also get the same
benefits as covered employees, except
those benefits under the EC program.
Manages the General Insurance Fund as mandated

by Republic Act 696 or the Property Insurance Law.
It provides comprehensive protection to government
insurable interests.
PRINCIPLES
Basically, the SSS provides for a

replacement of income lost on account of
the aforementioned contingencies. The
benefits under the Social Security
Program are:
Sickness
Maternity
Disability
Retirement
Death
Funeral
There are two types of coverages

under the SS Program:
1. Compulsory Coverage
o
Employers
Employees
Self-Employed Persons
COVERAGE
The GSIS covers all government workers
irrespective of their employment status, except:
- Members of the Judiciary and Constitutional
Commissions who are covered by separated
retirement laws;
- Contractual employees who have no employeeemployer relationship with their agencies;
- Uniformed members of the Armed Forces of the
Philippines and the Philippine National Police,
including the Bureau of Jail Management and
Penology and the Bureau of Fire Protection.
SOURCE: GSIS LAW
(f) Dependents Dependents shall be the
following: (a) the legitimate spouse dependent for
support upon the member or pensioner; (b) the
legitimate, legitimated, legally adopted child,
including the illegitimate child, who is unmarried, not
gainfully employed, not over the age of majority, or is
over the age of majority but incapacitated and
incapable of self-support due to a mental or physical
defect acquired prior to age of majority; and (c) the
parents dependent upon the member for support;
"(g) Primary beneficiaries The legal dependent
spouse until he/she
remarries and the dependent children;
"(h) Secondary beneficiaries The dependent
parents and, subject to the restrictions on dependent
children, the legitimate descendants;
BENEFITS
2. Voluntary Coverage
BENEFIT The amount that GSIS is obligated to

pay the member upon the occurrence of a covered
contingency that is payable under the Act.

o
Separated Members
Overseas Filipino Workers

(OFWs)
Non-Working Spouse of SSS

Members
SEPARATION BENEFITS
Unemployment or Involuntary Separation
Benefits
"RETIREMENT BENEFITS
PERMANENT DISABILITY BENEFITS
TEMPORARY DISABILITY BENEFITS
SURVIVORSHIP BENEFITS
FUNERAL BENEFITS
LIFE INSURANCE BENEFITS
CONTRIBUTION The amount payable to the GSIS
by the member and government agency or employer
to which he belongs.
Beneficiaries The dependent spouse until

he remarries and dependent children, who
shall be the primary beneficiaries. In their
absence, the dependent parents and, subject
to the restrictions imposed on dependent
children, the legitimate descendents and
illegitimate children who shall be the
secondary beneficiaries. In the absence of
any of the foregoing, any other person
designated by the covered employee as
secondary beneficiary. (As amended by Sec.
4, R.A. 2658; Sec. 3, R.A. 4857; Sec. 1, P.D.
No. 177, S-1973; and Sec. 5, P.D. No. 735, S1975)
Benefits
Monthly Pension
Dependents' Pension
Retirement Benefits.
Death Benefits
Permanent disability benefits
Funeral Benefit
Sickness Benefit
Maternity Leave Benefit
Section 13 Collection of Contributions

13.1. It shall be compulsory upon the government
agency to deduct from the fixed monthly
compensation the personal share of the members
and to promptly remit the same to GSIS.
13.2. It is prohibited for a government agency to
delay the remittance to However, effective January
1, 2003, the rate of contribution payable by the
member and government agency shall be 9% and
12% respectively, based on the actual monthly
salary of the member GSIS of the premium
contributions deducted from the compensation of the
members and use it for other purposes.
PRESCRIPTION PERIOD The allowable period
within which to file a claim for benefit or benefits.
Section 30 Prescription.- Claims for benefits under
Republic Act No. 8291, except for life insurance and
retirement, shall prescribe after four (4) years from date of
contingency.
Contribution
The monthly contributions are based on
the compensation of members ( Please
see table on the last page). The current
SSS contribution rate is 11% of the
monthly salary credit not exceeding
P16,000 and this is being shared by the
employer (7.37%) and the employee
(3.63%).
Self-employed and voluntary members
pay the 11% of the monthly salary credit
(MSC) based on the monthly earnings
declared at the time of registration.
For OFWs, the minimum monthly salary
credit is pegged at P5,000.
For the non-working spouse, the
contribution will be based on 50% of the
working spouse?s last posted monthly
salary credit but in no case shall it be
lower than P1,000.
Prescriptive Period for

Filing Retirement, Death
and Funeral Claims
There is a prescriptive
period of 10 years in the
filing of adjustments for
the following SSS
benefits:
Disability
Retirement
Death
Funeral
"Portability" shall refer to the transfer of funds for the account and benefit of a
worker who transfers from one system to the other;
[G.R. No. 141707. May 7, 2002]
CAYO
G.
GAMOGAMO, petitioner, vs. PNOC
TRANSPORT CORP., respondent.
SHIPPING
AND
The pivotal issue raised in the petition in this case is whether, for
the purpose of computing an employees retirement pay, prior
service rendered in a government agency can be tacked in and
added to the creditable service later acquired in a governmentowned and controlled corporation without original charter.
Sometime in 1995, petitioner requested to be included in the next retrenchment
schedule. However, his request was turned down for the following reasons: [8]
1. As a company dentist he was holding a permanent position;
2. He was already due for mandatory retirement in April 1995 under his retirement plan (first
day of the month following his 60th birthday which was on 7 March 1995).
Eventually, petitioner retired after serving the Respondent and LUSTEVECO for
17 years and 4 months upon reaching his 60 birthday, on 1 April 1995. He received a
retirement pay of P512,524.15, [9]which is equivalent to one month pay for every year
of service and other benefits.
th
WON: Whether the petioner is subject for benefits based on Totalization of Service.
held: totalization of service credits is only resorted to when the retiree does not qualify for benefits in
either or both of the Systems.

Social Legislation Principles

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Social Legislation Principles

Uploaded by

Copyright:

Available Formats

SOCIAL LEGISLATION

Covered employees are entitled to a

Manages the General Insurance Fund as mandated

Basically, the SSS provides for a

There are two types of coverages

BENEFIT The amount that GSIS is obligated to

contingency that is payable under the Act.

Overseas Filipino Workers

Non-Working Spouse of SSS

Beneficiaries The dependent spouse until

Section 13 Collection of Contributions

Prescriptive Period for

[G.R. No. 141707. May 7, 2002]

You might also like