Chapter Four SOCIAL WELFARE LEGISLATION TOPICS PER SYLLABUS WV. SOCIAL WELFARE LEGISLATION ‘A. SSS Law (R.A. 8282) 4. Coverage and exclusions 2 Dependents and beneficiaries 3 Benefits |. GSIS Law (RA. 8291) 4. Coverage and exclusions 2. Dependents and beneficiaries 3. Benefits . Disability and death benefits 1. Labor Code 2. POEA-Standard Employment Contract eee eee A SSS LAW 1- RA. $282, REPEALED BY R.A. 11199, ‘on February 07, 2019, otherwise known a8 the’ ‘Sei! [ee eres SAA Sh ete tr aowuz96 ne ceuons ne rouers soon rica NS meDNO Dona Te ors OOESE TE _ oteeiaicirat ene Ba ages nae Sek ada peg SC pay Cage tN 16 Ret coches neopets this topic therefore will be 1. COVERAGE AND EXCLUSIONS a COVERAGE 1, COMPULSORY COVERAGE. ree inthe SSS sal be compulsory upon al employes, inching oo mese wot tat ver sy (AD) Yea of age ad het ‘employer at the same “Einplyeis any person both mental or physical e (@ Professional athletes, coaches, trainers and jockeys; and (©) Individual farmers and fishermen Unless otherwise specified in the law, all provisions theeof applicable 1o covered employees shall also be applicable tothe covered self-employed persons! hey apn td x art nay: Pot apn el been ee hy , Rvtolarghijaced tess qramatsra! Seton a) RA. No. 11198, : Samia ae neperson whose income is nor ¢ letived fio Act, a8 well a8 those workers enscgg etumerated 3. COMPULSORY COVERAGE OF OFWs. ‘a Coverage of all OF Ws. be compultory upon all sea-based and lad. years of age toall covered OFWs. The bene alae among oes, retrement deat, csbiliy, funeral sckaee plementation of R.A. D ng agencies are jointly th respect to the civil labiltes incuc ‘The penions having ditect control, management or direction of the ‘massing agcocics shall beheld eximinallylinble for any act of omission penalized soder RA. No. 11199 notwithstanding Section 28(9 thereof ¢ Land-based OFWs, {and based OFWs are compulsory members of the SSS and considered in TESTE Ranse selemployed persons under such rules and segelaton tat ‘he Conuminion sal peste? PR hon cena mandated to negotiate bilateral labor agrcemeats with the oo ‘bost countries to ensure that the employers of land-based OFWs, ‘similar to PerGoae of seated OFWs, pay the required SSS contabutons, in which ae ee * ote on se area oe , teammate 22 cents Mpa Voie a Ors FS $ Semmes ina * Seeman eae a die any nod 2 SA 8 PC — fe oni td les Sale apogee: att mtn Sf ae a rc 1 Seiniotanane meee Paceon ne scetan arm a, mas Sent i et ap ro secu Ser mepotint further aggcements to seve the best intrest ofthe OF Ws Soha ie a al eau compan ove of eee omens oi NTARY COVERAGE. sod fail cs who devote fl time to managing the ouichold od fly Se TT ae Ge ass Copegus oa waa elope ‘which is subject to mandatory coverage, may be covered by the SSS Dea volanny base? 2) OFWs 12 the termination of their employment overeas, OFWs may ‘oriaue to pay conmabaons on 2 Poly beast mms Bk Sights to fll benefits ilipine _ permane ipino rs, Ri wnt migrants, including Filipino immigrant permanent residents and naturalized citizens of their host countries -nay be covered by the SSS on a voluntary basis 5. EFFECTIVE DATE OF COVERAGE. employer ~ Compulsory coverge of the employer shall ake effect on the frst day of his operation.sex REIOWER ON LABOR LAW = 2) For employee - Compulsory coverage of the employee shay, Fe rt day of his exnploymnent.? take 3) For seléemployed - The compulsory coverage ofthe self-employey patton sal ke effect upon hs registration with the $s 6 EFFECT OF SEPARATION FROM EMPLOYMENT, compulory coverage is sepated ion on his account and his obli a 1. BEFECT OF INTERRUPTION OF BUSINESS OR PROFESSIO} INCOME, ried lf the selFemployed member realizes no income in any gi shall not be required to ions for that month, He m: allowed to cootiaue pa uations under the same rules and applicable to a separated ‘member: Prded, That no retroacti ment of coatsibucons shall be allowed other than ¢ prescribed under Section 22-4? of RA No, 111996 a ete b EXCLUSIONS 1. EXCLUDED EMPLOYER. Govemment and ‘and any of its political subdivisions, branches ot cep umentlies including cospotations owned or controlled by ihe Government? a 1 compe sd or controlled by 2. EXCLUDED EMPLOYEES, ‘Workers whose =nployment or sevice falls under any of the following camsuncras it eMBeyMER oF service als wader any it tevipee 3 | ESO Psn oncom ‘ + Seen tet Semste = Yo eg tans ta Catt St empedUe-Stelye ents ol wt « Sate eacenmrat tee enn me yeh es 8 OTE ecm lined oc pcan ea 269 () Services where there i no. empl vemployee seationship in Sxfordance with exiting labor rules, regulations "and jurisprudence; @ Service performed in the employ of the Philippine Government or instrumentality of agency thereof; Service performed in the employ of O) mnational organization, or their whol ‘Provided, however, That this exemption notwithstanding, any foreign international organization or their wholly-owned ity employing workers in the Philippines or employing = outside of the Philippines, ‘amount of payment of contsibutions and the provisions of this Act shall be supplementary 10 any such agreement: and (& Such other services performed by temporary and other employees ‘which may be excluded by regulation of the Commission. Employees (of bona fids independent contractors shall not be deemed employees of the employer engaging the service of said contractors! DEPENDENTS AND BENEFICIARIES a DEPENDENTS 1. WHO ARE DEPENDENTS. “The dependents shal be the following: ars of twenty-one fof age, or if over toenty.one (21) yeas of gS Nev conga or wi sil sminor as ben permanent? ‘incapacitated and incapable of slf-support, physically or mental: and ©) The parent who is receiving regular support from the member?ak REVIEWERON LABOR LAW b. BENEFICIARIES 1, PRIMARY BENEFICIARIES. “The following are primary beneficiaties: 1. The dependent spouse until he or remarries; oF legally adopted, ang 2. The dependent legitimate, legitimat illegitimate children; ate children shall be entitled to 50% of 60 50% ofthe gitimated ot legally adopted children, 2. SECONDARY BENEFICIARIES. ‘The following are secondary beneficiaries: 1. The dependent parents, in the absence of the primary beneficiaries 2 Amy other person designated by the member as his/her secondary beneficiary, in the absence of all the foregoing primary benelicates ‘and dependent parents? 3. BENEFITS: 1. TWO @) MAIN CLASSIFICATIONS. ‘The SSS benefits may be classified as follows: (@) Social security benefits: Sickness temity Leave » Reena ‘nemployment Insurance of Invo a 9 Dawg oranda aras 8) Death 7) Funerat © Employees’ compensation benefits the : eae curator SOCIAL WELFARE LEGISLATION 7m a SOCIAL SECURITY BENEFITS, te: SICKNESS BENEFIT 1. WHO MAY AVAIL. “The sickaess benefit sa daily cash allowance paid forthe numberof days ‘a member is unable to work du to sickness or injury, This benefit may be avaled of as follows: ‘A member who has paid at least three (3) monthly contributions in the has employer of the fact of his (©) calendar days ater the sat of his inement is in a hospital or the employee ‘while working or within the premises of ‘notification to the employer i not at in a hospital, in which tification is also not necessary: sae ce cabs roe ees Sires cardec isateondte Senter RA nro Ae yon Dees ey ‘tenn ay cate wesc os en en » Sco a ht.sax RviEwHR ON TABOR LAW on 2. COMPENSABLE CONFINEMENT. 1m the employee member, said employer thall he reimbursed confinement starting foom the tenth ealendar dey immedarely preceding the date of notification to the SSS: S$ shall zimburse the or pay the unemployed confinement within the one-year period immediately preceding for benefit or reimbs ceived by the SSS, except confin hospital, in which case, benefit or reimbursement must be filed within ‘one () year from the lst inement? Where the employee member has given the requited notification but the employer falls to notify the lenial of the claim, such employer shall have no right 0 ywance he advanced tothe employee member a5 ns regarding the notification required of the ‘member and the emplo the period within which the claim for benefit ‘reimbursement may be led shall apply to all claims filed with the SSS* ‘4 ADJUDICATION OF CLAIM OF REIMBURSEMENT. al io Cot imbusement shal be adjudiated by the SSS within iog of wo (2) months from receipt thereof: Provided, That should no payment ‘be seceived by the employer within one (1) month after the period presesbed a {or adjudication, the reimbut am simple interest of ein Ftp om pa! z ‘MATERNITY LEAVE BENEFIT ‘THE PREVAILING LAW. ‘sum paid to-a member who can The two (2) types of retizement 1) Monthly pension, and 2) Lump sum amount. ‘etirement. The lump sum amour required 120 monthly contsibu the member and by the employer including interes 2, WHO ARE QUALIFIED. aioe as ee | Sean * ees on > This! One Hunted Fv (105) a er So TE sae naan ee Soe 0) monthly ‘one hundred twenty (126 and who:age of ety (60 yes and is ead sept’ om shall be eed fr ogg eae the option t sectve his fate ond pein slp eum dicounted a pefrenal cof $2 mee detemmined by the SSS : A covered member who is sixty (60) years old at reticent for pension benefits contributions tothe SSS on his own? 3. REEMPLOYMENT OR RESUMPTION OF SELF-EMPLOYMENT, bbe suspended upon the reemployment or sesumption of selfcmployment ofa retired member who is less than sixty-five (65) years old. He chal agsin be subject to. :mployee's Contribution) and his employer to Seaion 19 Employer's Conta of RA.No. 111993 4. DEATH OF RETIRED MEMBER. his secondary beneficiaries shal be entiled to Jump sum benefit equivalent tothe tral monthly pensions corresponding wo the ‘lance of the five-year guaranteed period, excluding the dependents pension 5. RETIREMENT OF MEMBER AFTER REACHING 60, ‘The monthly pension of a member who retires after reaching age sitY (60) shal be the higher of either (1) the monthly pension computed af the eatest ge Be cou have sired hd he been separated fom eployment of ceased Be Ferployed pus all adjustments thereto; or 2) the monthly pension computed at the time when he aca eies® Coen 6 RETIREMENT OF UNDERGROUND MINEWORKERS. ‘Aa underground mineworker shall be entitled to retirement benefits if be: ae Ree ius | Seen 28@,RA Ne 8 ¢ Sexeiaa + Scena, ptior to the semester of retirement. 2, thas xeached the age of 60 years old whether employed o not 7, MONTHLY PENSION. average monthly salary credit; or member had less than 10 ezedited yeas of sevice (CYS); ‘or P2400 if with atleast 20 CYS. The ess than 60 months? bs, Additional monthly benefit allowance, Pursuant to Memorandum from the Executive Secretary dated 22 ‘by authority of the President of the Republic of the Philippines, an January 20173 ¢. Dependents’ pension. Where monthly peasion total disability or retirement, the date of the contingency ‘ceeding five (6), boginning with the youngest and without substation: Provided ‘That where there ate legitimate and ‘legitimate children, the former shall be PreferedéaR REVIEWER ON LABOR LAW 6 { RETIREE’S ADDITIONAL BENEFITS, retire is entitled to 2 13% month pension payable ey, ‘The somers prot to the effectivity of R.A. No, 7875t on the Medial Care Act of 1969 started implementation. 4 UNEMPLOYMENT INSURANCE. OR INVOLUNTARY SEPARATION BENEFITS, 1.19 gm hb ot meer vo ot ner peso an pte Bag a eT Teds ath inl be a be Wawa penal nnn aa Stay mewlement or epnan He Ral eee ee rey Oa pata eit ty Baca OO oe ea Sp taaree aceen mss ey lac Paes ee eee er ee eee rams Prat esata caf concer oe a ee ie gat bent sal be pal ee Se et neers 5. DISABILITY BENEFITS 1, PERMANENT TOTAL DISABILITY BENEFITS. ,, UPonthe permanent total disability of « member who has pa atleast {icy (3) monthly contibations prior to the semester of disability, he sal be xt the mony penn: Pra Tat fhe has not pd eee eaty, contributions, he shall be entitled to a lump sum benefit sae tothe monthly pension nes the umber of monthly contbtos Pa or ewelve (12) times the monthly pension, whichever is higher? 2. REEMPLOYMENT. ‘OR RESUMPTION OF SELF-EMPLOYMENT. A Member who (1) has received a lump sum benefit, and @ “employed oc hat resumed self-employment nt eater than one (1) yes 0 awees ioe ding | Tween SSCA ga Mth * Seen SARA Ne, ave of bis disability stall again be su ne now sumer! “The monthly pension and dependent’ pension shall be suspended upon he reemployment ot resumption of slfemplormen of te tcnvey ofthe 2b serene fom his feematen to dab or is fae © pee Seo for examination atleast once a yeae upon notice bythe SSS? 3. DEATH OF | PERMANENT TOTAL DISABILITY PENSIONER. Upon the death of the permanent total disability pendoocs, his primary Senchtace othe ao iy tha eel ee peity pension: Proved, hun uty (60) months raeeficiarles. shall be cate my pensions correspon ichaing the dependen pens 4, PERMANENT TOTAL DISABILITIES. ‘The following disabilities shall be deemed permanent total compulsory corerage and shall be (@ Baan injury resulting to incusable imbeciliy or insanity and (©) Such cases as determined and approved bythe SSS 5, PERMANENT PARTIAL DISABILITIES. Tf the disability is permanent partial, and such dissbiliy occu before thiny-six (36) monthly contributions have been paid prior to the semester of sbi, the benef shal e such percentage ofthe ump sum benefit debe in preceding paragraph with due regard to the degree of diablity as Commission may determine If the dissbility is permanent partial and such disbiity occurs after thirty-six (36) monthly contsibutions have been paid prior to the semester of 1©. COMPUTATION OF BENEFIT. 1. Rermancnt Total Disability (PTD). - A member who becomes Permanently and totally disabled shall be ented to the monthly income beac for life equivalent to the basic monthly pension (BNP) effective from the date of ot tly pension (BMP) eee : Rmacaeye Eee eae a SSSee 2, Permanent Partial Disability (PPD), - The period of entitlement to PPD benefit shall be after due medical evaluation; but such period of 298 days of leave of al the agency wie shall not exceed 120 ‘more extensive treatin beyond 120 days, the payment of the TTD may le extended by the GSIS but not to eateed a tot oF 240 ayn = Only the leave of absence/s without pay incurred during the period of catilement shall be compensable, Entitlement, however, shall start from the fourth ay ofthe disabllty. The amount of TTD benefit shall be computed by nuliphing 75% of the daly salary ofthe member by the aumber of days of disability based on the medical evaluation but not to exceed 240 days for the same contingency. However, the computed daily salary shall ot be less than P70,00 but not to exceed 340000 per day? For the purpote of computing the corresponding benelit of inactive members for each kind of disability, the BMP, with respect to PID sad PPD, and daily salary, with respect to TTD, shall be computed 2 of the time of separation from SIS? 11, CONDITIONS FOR ENTITLEMENT. 1. Permanent Total Disability (PTD) - A member who becomes permanenty and totaly disabled shall be ended to the PTD benefits when: 2) he/sheisin the sevice a the time of disability; or ») if separate from the service he as paid at least thirty sx (36) months contabutions within the Sve year (8) period immediately preceding his/her disability; or has paid a total of at least one hundred eighty (180) months contributions prior to his/her dsabibty; Prnided, loaeer, that the following conditions shall be met soc tt huni ™ + he/she is gainfully employed prior to the commencement of disabili sean in of coe een yay meotone pe thereof «+ he/she is nota segistered member of any sch iasunnc insition; aod + he/she is nt eeceving anyother pension cite fom GSS or another Toca or foreign insation or onanism’ Jn addition (0 the monthly ‘equivalent to eighteen (16) times his/h Pid to a member who was in the sec [iabiliy and who has paid a total of one hundred ighty (180) monthly contributions? hundred eighty (180) monthly contributions prior to hi entitled only to cash payment equivalent (0 ‘not less than twelve thousand pesos (P12,000.00)3 2. Permanent Partial Disability (PPD), - A member whose disbily is partial shall be entitled to the PPD benefit when: ions prior to his/her disailiy, Provided, however, that the following conditions shall be met he/she is gainfully employed prior to the commencement of disabilcy resulting ‘of income as evidenced by any incontrovertble proof thereof + he/she is not ‘4 registered member of aay social iurance * he/she is not receiving any other pension cither fom GSIS or another local or foreign institution or organization # 3. Temporary Total Disability (CTD). - A member shall be entitled to the TTD benefit when: 4) he/she is in the service atthe ime of disability; oF296 ak REVIEWER ON LASOR LAW contributions within the five immediately preceding, ot has paid least one hundsed eighty ntributions ps het disability, Provided, following conditions shall be met: ‘gainfully employed prior to the commencement of resulting in loss of income as evidenced by any incontrovertible proof thereof, + he/she is not a registered ‘member of any social insurance institution; and + he/she is not receiving any other pension either ftom GSIS or another local or foreign institution of organization.! ‘The payment of TTD benefit may be extended by the GSIS up to a ‘maximum of two hundred forty (240) days, subject ro medical evaluation? 12. FORFEITURE OF DISABILITY BENEFITS. All the foregoing provisions notwithstanding, any member who is enjoying disability benefits shall automatically forfeit his/her tight to the continued ‘enjoyment thereof if he/she refuses or deliberately ails to: 4) have himself/herself medically treated by a physician when required by the GSIS; of ) take the prescxibed medications; or ©) have himself/herself confined in a hospital without justifiable reasoo, ‘whea such confinement is required by the GSIS; or ) avail himself/herself of such rehabilitation facilities as may be duly recommended by the GSIS and made available for or ed ©) observe such precautionary and/or preventive measures as presi » by a physician or expressly required of him/her to prevent the aggravation or continuance of his/her disability. However, upon compliznce with the requirements his/her benefit shall be resumed if he/she is sll qualified > 6 ‘SURVIVORSHIP BENEFITS 1, ENTITLEMENT* ‘When a member or pensioner dies, the beneficiaries shall be enided to the following survivorship benefits, whichever is applicable: (1 Survivorship pension 4) the basic survivors sion whichis BMP; ana oe i Bity perce 0%) ofthe €) Gah pat eit en hn preety og foe every yar of sence with pid contbtons but no ba eae ee Sed Pens (1200000) ie 2 SURVIVORSHIP BENEFITS OF MEMBERS IV ACTIVE SEavice the time of dat, x member wasn th scan hate years of creditable service: ao receive the survivorship pension and his secondary beneiciaies the cath payment equivalent o ‘of the AMC for every year of creditable service, but not less than P12,000.00. 2) Prmary bene ofnacive mene wh vee hn 15, ye Of creditable service but were atleast 0 yer ol a the tne 0 separation and have received the coresponding separation bene, shall nt be entitled to survivorship benefits. However, if the mer!AK REVIEWER ON LABOX LAW aot recived yet his separation benefit within fons Z 1e primary beneficiaries shall ree: (00% of the inactive member's at not less than P12,000.00.1 eax ae ive the MC for een | PAYMENT OF SURVIVORSHIP BENEFITS. “The survivorship benefits shall be paid as follows: 1. Wen the depeadent spouse isthe only survivor, he shal rece basi surionhip pension; the 2, When only the dependent children are the survi cated only tothe dependent children’s pension equiva ‘very dependent child, not exceedine five gest and without substitution; 5. When the suvvors are the dependent spouse and the depende hte, ihe dependent spouse shall receive the basic survorsie pension fe «, eS tte fered share the absence of a natural guardian, the guardian de facto of dependent eidren, aswell asthe physically or mentally incapncisted dependent childrea, must file a Petition for Guardianship to be able to claim the survivorship benefits on behalf of the dependent children. 6 When the peasioner dies within the 5-year period after receiving the ‘fve-year lump sum, the survivorship pension shall be paid only after the end of the said five-year period. However, filing of claim for survivorship benefit should be done before the end of the +yeat prescription period? 5. CONDITIONS FOR ENTITLEMENT. ‘The primary and sec all ey n “ondary beneficiaries, except dependent children, s tied to ppcabe survivorship benefits, subject to the following: 3 Fae Snmsed in any guinful occupation; futing spouse and the deceased member were living together 9 , imal ae Ost gata batt cenly caged ia 4 business or economic activity oe ae See Pl eS ritted cemployed/engaged in a bu 9 rome lest than the employees. «) not receiving any other pension from the GSIS oF another local ot foreiga institution or organization; and ‘case of the dependent x jin oe lependent spouse, payment of the basic survivorship pension shall discontinue when he remacsies, cohabite, or engages in common-law relationship, Seonomic activity bat recei Peston eta ‘the foregoing conditions, except the last one, must be present sanmedatly preceding the deuth ofthe member or pensioner! ne 1. FUNERAL BENEFITS 4. NATURE OF BENEFIT. Funeral benefit is intended to help defiay the expenses incident to the busal and fanceal of the deceased member, pensioner or retiree under RA. 660, RA 1616, PD. 1146 and R.A. 82912 2. TO WHOM PAYABLE. 1) Legitimate spouses 2) Legitimate child who spent for the funeral services ot 3) Any other person who ean show incontroverible proof that he shouldered the Funeral expenses ofthe deceased 3. AMOUNT OF FUNERAL BENEFIT. ‘The amount of funeral benefit ate a follows: 1) The prevailing amount approved bythe Board of Trstcs at the time ‘of death of the member or pensioner. 2) For uniformed members of the PNP, BJMP and BFP, the amount of faneral benefits xed at P10,000.00/ 4. CONDITIONS FOR ENTITLEMENT. Funeral benefit shall be paid upon the death of 1) An active member; or i Senki bs el mnt see pnw sn * Soe300 [BAR REVIEWER ON LABOR LAW 2) A member who has been separated from the service with mote than 415 years of creditable service, but entided to future separation of UTED PORT/ LAW: LRA. NO. 7699. private sector to combine their years of service and contributions which ha credited with the SSS or GSIS, as the case m satisfy the required aumber of years of service for entitlement to the benefits under the applicable laws “Totabzation” refers to the process of adding up the periods of creditable services or contributions under each of the Systems, SSS or GSIS, for the purpose of eligibility and computation of benefits On the other hand, the term ‘prsailiy” refers to the tansfer of funds for the account and benefit of a worker who transfers from one system to the other ‘The benefits provided under R.A. No. 7699 apply to active or inactive members of either System (GSIS/SSS) as of the date of its effectivity on May 20, 19947 2. COVERAGE. RA. No. 7699 and its implementing rules apply to all workes-members of, the GSIS and/or SSS who transfer from the public sector to the private sector or vic-rersa,o: who wish to retin their membership in both Systems* 1 Secon 253, Ale VB 2 Th eas be eke a past Sf aber Law 209 a ogre Hower, 9st Curren Four SOCIAL WELFARE LEgTtATION EDITABILITY AND TOTALIZATION OF CONTRI 3. CR BENEFITS IN SSS AND GSIS, Cone uTON 201 Under R.A. No. 7699, itis enunciated that peovisi spec law of rules and regulations tothe conary mores ey ee © Worker who transfers employment fom one sector to another {i 2 fg eet Sts to pili sector, 0° wt 7}, ot employed in bat aka a ea creditable services or contributions in both Systems (GSIS and S85) crdind Ge service or contribution record in each of the Systems and shall be tone oS purposes of old-age, disability, survivorship efi in case the covered freer doer sat qual Jor sch bis in sith o bb Sembee prove, however that ovedapingPesing of memben dal ke octra erce for purposes of totalization. 4, LIMITED PORTABILITY OF FUNDS. “The processes involved in the prompt payment of money benefits to clgible mem joint responsibilty of the G of the required documeats and availibility of complete «employee /employer records in the System or Systems? ae cG DISABILITY AND DEATH BENEFITS 1. LABOR CODE* a. EMPLOYEES’ COMPENSATION PROGRAM 1. THE STATE INSURANCE FUND [SIF]. 4. SIF created from contributions of employers. ‘The State Insurance Fund (SIF) is built up by the contributions of employers based on the salaries of their employees as provided under the Labor 7 3 Sn Ree Reps oer RA 708 2 SetnaiRewieg a osc: Aes 1721165 215A Teo, Bok fe Lt Coe