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Compulsory Coverage of Employer

1. An employer, or any person who uses the services of another person in business, trade, industry or any undertaking.
A social, civic, professional, charitable and other non-profit organization which hire the services of employees are considered
"employers."
2.

A foreign government, international organization or its wholly-owned instrumentality such as embassy in the Philippines, may
enter into an administrative agreement with the SSS for the coverage of its Filipino employees.

Compulsory Coverage of Employees

1.

A private sector employee, whether permanent, temporary or provisional, who is not over 60 years old.

2.

A

household-helper

earning

at

least

P1,000

a

month

is

compulsorily

covered

starting

Sept.

1,

1993.

A household-helper is any person who renders domestic or household services exclusively to a household employer such as
maid, gardener, cook, governess, and other similar occupations, who is not a member of the family of the household employer
(HR) or his/her spouse.
3.

A Filipino seafarer upon actual deployment by the manning agency which, together with the foreign ship owner, act as
employers.

4.

An employee of a foreign government, international organization or their wholly-owned instrumentality based in the
Philippines, which entered into an administrative agreement with the SSS for the coverage of its Filipino workers.

Compulsory Coverage of Self-Employed Persons
A self-employed person, regardless of trade, business or occupation, with an income of at least P1,000 a month and not over 60 years
old, should register with the SSS. Included, but not limited to the following are self-employed persons:
1.

self-employed professionals;

2.

partners, single proprietors of businesses and board directors of corporations duly registered with appropriate
government agencies;

3.

actors, actresses, directors, scriptwriters and news correspondents who do not fall within the definition of the term
"employee;"

4.

professional athletes, coaches, trainers and jockeys;

5.

farmers and fisherfolks; and

6.

workers in the informal sector such as market and ambulant vendors, public utility transport drivers, tourism industryrelated workers, and others similarly situated.

Voluntary Coverage of Separated Members
A member who is separated from employment or ceased to be a self-employed/overseas Filipino worker/non-working spouse
may opt to become a Voluntary Member and continue paying SSS contributions on his/her own account.
Voluntary Coverage of a Non Working Spouse
A person legally married to a currently employed and actively paying SSS member who devotes full time in the management of
household and family affairs may be covered on a voluntary basis as a Non-Working Spouse, provided there is the approval of the
working spouse. The Non-Working Spouse should have never been a member of the SSS and his/her contributions shall be based on
50 percent of the working spouse's last posted monthly salary credit, but in no case shall it be lower than P1,000.
Voluntary Coverage of an Overseas Filipino Worker (OFW)

A Filipino recruited in the Philippines by a foreign-based employer for employment abroad; having a source of income in a foreign
country; and permanent resident in a foreign country.
When shall the cooperative start to receive payments to the SSS from its members?
Upon posting of the required Performance Security and upon receipt thereof by the SSS of the instruments, the cooperative shall start
receiving payments to the SSS from its members.

 Change of civil status from Married to Single .Birth or Baptismal Certificate(s) of children or marriage contract  for spouses Correction of name/date of birth . However. The employer is liable to the employees and must: 1. 2. once you become a covered SSS member. and 3.A member may entrust his contribution to any person authorized by the cooperative to do so. What should I do if there are changes in my personal record? Changes in your record should be reported immediately to the nearest SSS office through the submission of Member's Data Change Request (SS Form E-4) and the required supporting documents:  Change of civil status from Single to Married .Marriage contract 3. In the case of the covered Non-Working Spouse. SSS Info 1. in the event the selfemployed or voluntary member does not realize earnings in a given month. does it mean that he/she is already a covered SSS member and therefore.Birth or Baptismal Certificate or unexpired Passport What is the effect of non-reporting and non-remittance of contributions? To the Employee The employee is still entitled to SS benefits even if the employer fails or refuses to remit the SSS contributions. has the right to social security benefits? Issuance of SS number does not immediately qualify you for coverage or benefits. with the name of the organization indicated in the Miscellaneous Payment Form (SS Form R-6). and shall remit the same on such date as specified in the CAA to any SSS Depository Bank or branch teller. you become a member for life. but never retroactively to cover month/s when no contribution payments were remitted.Death certificate (if due to death of previously reported spouse). To the Self-employed Person and Voluntary Member A self-employed person who fails to register with the SSS may be subjected to fines and/or imprisoned. 4.   What services are exempt from compulsory coverage as employee? Casual employment Government service . Self-employed and voluntary members may pay their monthly contributions prospectively or in advance. self-employed or an OFW. the membership shall be reclassified accordingly as employed or self-employed or OFW. if he/she later becomes employed. Membership cannot be withdrawn and contributions paid cannot refunded. However. pay all unpaid contributions plus a penalty of three percent per month. and the latter shall acknowledge the receipt thereof and issue the Official Receipt that the cooperative uses in its regular business transactions. get sick or reach retirement age. 2. You must first be employed in an occupation subject to and reported for SSS coverage. The contributions that you remit become savings for the future that will serve as basis for the granting of social security benefits in times of contingencies.  Certificate of Finality of Annulment or Decree of Divorce New/additional/change of dependents/beneficiaries . payment of SSS contributions for that month is no longer required. To the Employer An employer who does not report temporary or provisional employees is violating the SS law. be held liable for a criminal offense punishable by fine and/or imprisonment. When a person has secured an SS number. pay the benefits of those who die. become disabled .

Who are considered the primary beneficiaries of a member? The primary beneficiaries of a member are the legitimate dependent spouse until he or she remarries. When a person registers and is covered for SSS membership. If the member wishes to replace a lost SS ID card or cannot remember his/her SS number. If the member is single and without children. 6. any other person designated by the member in his/her SSS records shall be considered as the beneficiary. the dependent legitimate. the benefits and loan privileges provided by SSS can still be availed of. From then on. it is advisable to inquire from the nearest SSS branch. as long as you meet the necessary qualifying conditions. The SS number assigned to a member is the lifetime number and must always be used in all transactions with the SSS. as having multiple SS numbers will cause delays in the processing of future benefit claims and loan applications. You may opt to continue paying the total contributions as a voluntary member to maintain your right to full benefits. the benefits will go to the dependent parents who are considered the secondary beneficiaries. as long as the member meets the qualifying conditions for entitlement thereto. 10. However you shall still be credited with all the contributions paid on your behalf and remain entitled to SSS benefits and privileges. you can stop paying as a voluntary member and resume payment of contributions as an employeemember through your employer. In case of reemployment with the private sector. legitimated or legally adopted. should the member secure another SS number? No. he/she should visit the SSS servicing branch to request for the cancellation of the other number/s and the consolidation of all contributions under the retained number. 5. the retained SS number should be used in all transactions with the SSS. Even during such time that the member fails to remit contributions. 9. or in compliance to a subpoena duces tecum. you may opt to continue paying your SSS contributions as a voluntary member so that you can enjoy social security benefits under both institutions. SSS records can only be obtained by persons other than the member through the latter's written authorization. The member should never secure another number. Can anybody secure copies of records submitted to SSS by members? No. who are not yet 21 years old. and illegitimate children. What is the effect of a member's separation from employment? Upon separation from employment. In case of re-employment with the public sector wherein you will be covered by the Government Service Insurance System (GSIS). your employer's obligation to pay your SSS contributions ceases at the end of the month of separation. . If a member has more than one SS number. 7. 8. Employment of single proprietor in his own business Can employers hire employees without SS numbers? No. Can a member withdraw membership with the SSS? No. or by the authority of the SSS President. Section 24 (c) of the SS Law provides for the confidentiality of members' records. he/she becomes a member for life. In the absence of both primary and secondary beneficiaries. When a member loses the SS card or cannot remember the SS number. Section 24 (e) of the SS Law requires the presentation of SS number as a condition for employment.

.

984 of the New Civil Code. the pertinent provision on legal or intestate succession at least reveals the policy on the rights of the biological parents and those by adoption vis-à-vis the right to receive benefits from the adopted. Secondary Beneficiaries If there are no primary beneficiaries. 190 of the Family Code: Art. cohabit with another person. by the adopters. Dependent children under 21. leaving her to care for their seven (7) children. Thus. On top of this restoration of parental authority. 190.LAW ON INTESTATE SUCCESSION (Bartolome v SSS) Moreover. While the benefits arising from the death of an SSS covered employee do not form part of the estateof the adopted child. Legal or intestate succession to the estate of the adopted shall be governed by the following rules: xxx (2) When the parents. From the foregoing. they stop being primary beneficiaries if they get married) 2. We cannot leave undetermined the fate of a minor child whose second chance ata better life under the care of the adoptive parents was snatched from him by death’s cruel grasp. In the same way that certain rights still attach by virtue of the blood relation. There are 3 kinds of Primary Beneficiaries: a. We rule. or get married or get employed) c. To demonstrate. which provides: Art. which. Her late husband died in 1984. insome instances. they shall divide the entire estate. leaving no children or descendants. the biological parents. But since she was unable to "give a bright future to her growing children" as a housekeeper. HIERARCHY OF SSS BENEFICIARIES: 1. in the event of the untimely passing of their minor offspring’s adoptive parent. petitioner. which was prior to the effectivity of the Family Code. illegitimate or legally adopted (They remain beneficiaries until they turn 21. his parents and relatives by consanguinity and not by adoption. one-half tobe inherited by the parents or ascendants and the other half. was a housekeeper. or the legitimate ascendants of the adopted concur withthe adopter. In case of the death of an adopted child. xxx (6) When only collateral blood relatives of the adopted survive. Designated beneficiaries can claim only if there are no Secondary beneficiaries. then the ordinary rules of legal or intestate succession shall apply. it is apparent that the biological parents retain their rights of succession tothe estate of their child who was the subject of adoption. the ties between the adoptee and the biological parents are not entirely eliminated. as can be gleaned from Art. or have a child with another person) b. Dependent children over 21 who are permanently incapacitated (even if permanently disabled. 984. Otherwise. Primary Beneficiaries The Primary beneficiaries are FIRST in the hierarchy. the benefits can be claimed by the Secondary Beneficiaries. so too should certain obligations. legitimate or illegitimate. Dependent legal spouse (He/she remains a beneficiary as long as he/she DOES NOT remarry. are able to inherit from the adopted. whether legitimate. at the time of Cornelio Colcol’s death. the adopted child’s quality of life might have been better off not being adopted at all if he would only find himself orphaned in the end. As it appears in the records. shall be his legal heirs. Similarly. prior to John’s adoption. the governing provision is Art. . the fact of petitioner’s dependence on John can be established from the documentary evidence submitted to the ECC. Secondary beneficiaries can claim only if there are no Primary beneficiaries. she consented to Cornelio’s adoption of Johnand Elizabeth in 1985. We hold that Cornelio’s death at the time of John’sminority resulted in the restoration of petitioner’s parental authority over the adopted child. this ruling finds support on the fact that even though parental authority is severed by virtue of adoption. include the exercise of parental authority.

based on Intestate Succession 1. the benefits can be claimed by the beneficiaries written in the deceased member’s SSS records (SSS E1 or SSS E4 forms). Parents and their legitimate children and the legitimate and illegitimate children of the latter c. Illegitimate children or their descendants 3.The secondary beneficiaries are the dependent father and mother of the deceased. The benefits under the EC program may be enjoyed simultaneously with benefits under the social security program effective June 1984. Title IV. Legal Heirs. According to the SSS Citizen’s Charter 2012. 3. Brothers and sisters or their children 7. Legitimate children or their descendants including adopted children or their descendants 2. Designated Secondary Beneficiaries If there are no primary and secondary beneficiaries. the benefits can be claimed by the legal heirs based on the Law of Succession. secondary and designated secondary beneficiaries. Employees' Compensation (EC) Program The Employees' Compensation (EC) program aims to assist workers who suffer work-connected sickness or injury resulting in disability or death. whether full blood or half blood 4. Employers and employees registered in the SSS need not register again under EC. The hierarchy and shares of the legal heirs are described in the Civil Code (Book III. Legitimate brothers and sisters. Heirs written in the member’s will (in the form prescribed by law) b. or in the case of real property. Spouse 6. These beneficiaries must be dependent on the deceased member at the time of the member’s death. Legitimate ascendants and descendants b. Legal Heirs Based on the Law of Succession If there are no primary. Chapter 3. Who are covered under the EC program? All SSS-registered employers and their employees are compulsorily covered under the program. Parents and their illegitimate children d. . Maternal and paternal ascendants 5. where the real estate is located. Section 2) a. Father and mother 4. the whole estate of the deceased will be inherited by the municipality in the Philippines where the deceased last resided. If there are no legal heirs. the following can be written as Beneficiaries: a.

resumption of monthly pension that was suspended due to non-compliance with the annual confirmation of pensioners. sickness or death be compensable under EC? A sickness. 2006 was the effectivity date of SSS office Order 208-P which first set a 10-year prescriptive period for the re-adjudication of settled retirement. The employee is injured at the workplace. and other cases not attributable to member/claimant. 2006. How long is an employer obliged to pay for the EC contributions of his employee? For as long as the employee works for him/her employer is obliged to pay EC contributions. change in the date of the contingency. This means the 10-year prescriptive period would not be applied in cases such as unposted contributions and additional credited years of service. payment for additional dependents (if SSS failed to include the dependents in the initial payment of benefit). March 1. emancipation or death of dependents. For claims settled on or after March 1. or 3. The 10-year prescriptive period also covers petitions contesting settled claims. drunkenness. injury. The start of the 10-year prescriptive period depends on when the claim was originally settled. When a covered employee becomes disabled during employment. Under what conditions can an injury. 2. willful intention to injure or kill himself or another. death and disability claims. the employee is executing an order for the employer. The employee is performing official functions. and payment of withheld shares for co-claimants in the death benefit.How much is the monthly EC contribution? Only the employer is required to remit monthly EC contributions on behalf of the employees. disability or death resulting from an employment accident is compensable if: 1. Among the exceptions to the 10-year prescriptive period include cases wherein the reason for benefit adjustment is not due to the fault or oversight of the member or claimant. . Under what conditions can an injury. If the injury is sustained elsewhere. and 3. sickness or death be deemed incompensable under EC? No compensation will be allowed to an employee or the dependents if the injury. the 10-year prescriptive period would start on the said date. equivalent to one per cent of the employee's monthly salary credit. The obligation of the employer ceases when an employee is separated from employment or. 2. notorious negligence. sickness. PRESCRIPTION PERIOD The Social Security System (SSS) has set a 10-year grace period for members to submit an application for adjudication with respect to retirement. re-marriage of spouse but with dependents under his/her custody. the employer's obligation to pay the monthly contribution arising from the employment will be suspended during such months that the employee is not receiving salary or wages. The required contribution under the current rate is P10. The prescriptive period would also not apply for claims needing re-adjudication due to a change of guardian of the member or dependent. if the employee dies during employment. For claims settled before March 1. death or disability claims. the SSS said. disability or death claim. disability or death is due to: 1. the prescriptive period would start on the initial settlement date of the retirement. The move would eliminate problems in the validation of submitted documents. 2006.