Villarin, Catherine Mae C.

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SOCIAL SECURITY LAW COMPARATIVE TABLE

SOCIAL SECURITY SYSTEM GOVERNMENT SERVICE

(SSS) INSURANCE SYSTEM
(GSIS)
EMPLOYEES’ Republic act 8282- AN ACT FURTHER Republic act 8291- AN ACT
COMPENSATION STRENGTHENING THE SOCIAL AMENDING
TITLE COMMISSION SECURITY SYSTEM THEREBY PRESIDENTIAL DECREE
AMENDING FOR THIS PURPOSE, NO. 1146, AS AMENDED,
(AMENDED RULES) REPUBLIC ACT NO. 1161, AS EXPANDING AND
AMENDED, OTHERWISE KNOWN AS INCREASING THE
THE SOCIAL SECURITY LAW COVERAGE AND
BENEFITS OF THE
GOVERNMENT SERVICE
INSURANCE SYSTEM,
INSTITUTING REFORMS
THEREIN AND FOR
OTHER PURPOSES

The Employees' The Republic of the Philippines has the The Government Service
Compensation Commission policy to establish, develop, promote Insurance System was
(ECC) is government agency and perfect a sound and viable tax- created in promoting the
DECLARATION mandated by law to provide exempt social security service suitable efficiency and welfare of the
OF POLICY meaningful and appropriate to the needs of the people throughout employees of the
compensation to workers in the Philippines which shall promote Government of the
the event of work-related social justice and provide meaningful Philippines, administers the
contingencies. protection to members and their laws that grant to its
beneficiaries against the hazards of members social security and
disability, sickness, maternity, old age, insurance benefits.
Villarin, Catherine Mae C.
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a. Every employer shall be
covered.
COVERAGE AND b. Every employee not over
EXCLUSIONS 60 years of age shall be
covered.
c. An employee over 60
years of age shall be
covered if he had been
paying contributions to the
System prior to age 60
and has not been
compulsorily retired.
d. An employee who is
coverable by both the
GSIS and SSS shall be
compulsorily covered by
both Systems.
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death, and other contingencies resulting
in loss of income or financial burden.
Towards this end, the State shall
endeavor to extend social security
protection to workers and their
beneficiaries.
A. Coverage in the SSS shall be The GSIS shall be
compulsory upon all employees not compulsory for all
over sixty (60) years of age and their employees receiving
employers: Provided, That in the case compensation who have not
of domestic helpers, their monthly reached the compulsory
income shall not be less than One retirement age, irrespective
thousand pesos (P1,000.00) a of employment status,
month: Provided, further, That any except members of the
benefit already earned by the Armed Forces of the
employees under private benefit plans Philippines and the
existing at the time of the approval of Philippine National Police,
this Act shall not be discontinued, subject to the condition that
reduced or otherwise they must settle first their
impaired: Provided, further, That private financial obligation with the
plans which are existing and in force at GSIS, and contractual who
the time of compulsory coverage shall have no employer and
be integrated with the plan of the SSS in employee relationship with
such a way where the employer's the agencies they serve.
contribution to his private plan is more Except for the members of
than that required of him in this Act, he the judiciary and
shall pay to the SSS only the constitutional commissions
contribution required of him and he shall who shall have life
continue his contribution to such private insurance only, all members
plan less his contribution to the SSS so of the GSIS shall have life
that the employer's total contribution to insurance, retirement, and
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all other social security

his benefit plan and to the SSS shall be protection such as disability,
the same as his contribution to his survivorship, separation,
private benefit plan before the and unemployment benefits.
compulsory coverage:  (Section 3)
Provided, further, That any changes,
adjustments, modifications, eliminations  A member separated from
or improvements in the benefits to be the service shall continue to
available under the remaining private be a member, and shall be
plan, which may be necessary to adopt entitled to whatever benefits
by reason of the reduced contributions he has qualified to in the
thereto as a result of the integration, event of any contingency
shall be subject to agreements between compensable under this Act.
the employers and employees
concerned: Provided, further, That the
private benefit plan which the employer
shall continue for his employees shall
remain under the employer's
management and control unless there is
an existing agreement to the
contrary: Provided, finally, That nothing
in this Act shall be construed as a
limitation on the right of employers and
employees to agree on and adopt
benefits which are over and above
those Provided under this Act.

B. Spouses who devote full time to

managing the household and family
affairs, unless they are also engaged in
other vocation or employment which is
subject to mandatory coverage, may be
covered by the SSS on a voluntary
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basis.

C. Filipinos recruited by foreign-based

employers for employment abroad may
be covered by the SSS on a voluntary
basis.

SEC. 9-A. Compulsory Coverage of the

Self-Employed. – Coverage in the SSS
shall also be compulsory upon such
self-employed persons as may be
determined by the Commission under
such rules and regulations as it may
prescribe, including but not limited to
the following:

a. All self-employed professionals;

b. Partners and single proprietors of

businesses;

c. Actors and actresses, directors,

scriptwriters and news correspondents
who do not fall within the definition of
the term “employee” in Section 8 (d) of
this Act;

d. Professional athletes, coaches,

trainers and jockeys; and
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e. Individual farmers and fishermen.

16 Unless otherwise specified herein, all
provisions of this Act applicable to
covered employees shall also be
applicable to the covered self-employed
persons.

SEC. 9-B. Compulsory Coverage of

Overseas Filipino Workers (OFWs). –

a. Coverage in the SSS shall be

compulsory upon all sea-based and
land-based OFWs as defined under
Republic Act No. 8042, otherwise
known as the Migrant Workers and
Overseas Filipinos Act of 1995, as
amended by Republic Act No. 10022:
Provided, That they are not over sixty
(60) years of age. All benefit provisions
under this Act shall apply to all covered
OFWs. The benefits include, among
others, retirement, death, disability,
funeral, sickness and maternity.

b. Manning agencies are agents of

their principals and are considered as
employers of sea-based OFWs. For
purposes of the implementation of this
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Act, any law to the contrary

notwithstanding manning agencies are
jointly and severally or solidarily liable
with their principals with respect to the
civil liabilities incurred for any violation
of this Act. The persons having direct
control, management or direction of the
manning agencies shall be held
criminally liable for any act or omission
penalized under this Act
notwithstanding Section 28(f) hereof.

c. Land-based OFWs are compulsory

members of the SSS and considered in
the same manner as self-employed
persons under such rules and
regulations that the Commission shall
prescribe.

d. The Department of Foreign Affairs

(DFA), the Department of Labor and
Employment (DOLE) and all its
agencies involved in deploying OFWs
for employment abroad are mandated to
negotiate bilateral labor agreements
with the OFWs’ host countries to ensure
that the employers of land-based
OFWs, similar to the principals of sea-
based OFWs, pay the required SSS
contributions, in which case these land-
based OFWs shall no longer be
considered in the same manner as self-
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employed persons in this Act. Instead,

they shall be considered as
compulsorily covered employees with
employer and employee shares in
contributions that shall be provided for
in the bilateral labor agreements and
their implementing administrative 17
agreements: Provided, that in countries
which already extend social security
coverage to OFWs, the DFA through
the Philippine embassies and the DOLE
shall negotiate further agreements to
serve the best interests of the OFWs.

e. The DFA, the DOLE and the SSS

shall ensure compulsory coverage of
OFWs through bilateral social security
and labor agreements and other
measures for enforcement.

f. Upon the termination of their

employment overseas, OFWs may
continue to pay contributions on a
voluntary basis to maintain their rights
to full benefits.

g. Filipino permanent migrants,

including Filipino immigrants,
permanent residents and naturalized
citizens of their host countries may be
covered by the SSS on a voluntary
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basis

Dependents means the The primary beneficiaries of a member When a member or

DEPENDENTS legitimate, legitimated, legally are the legitimate dependent spouse pensioner dies, the primary
AND adopted or acknowledged until he or she remarries, the dependent beneficiaries or secondary
BENEFICIARIES natural child who is legitimate, legitimated or legally beneficiaries, as the case
unmarried, not gainfully adopted, and illegitimate children, who may be, shall be entitled to
employed, and not over are not yet 21 years old. the applicable survivorship
twenty-one years of age or benefits.
over twenty-one years of age If the member is single and without
provided he is incapacitated children, the benefits will go to the A. The primary beneficiaries
and incapable of self-support dependent parents who are considered shall be the following:
due to a physical or mental the secondary beneficiaries. The legitimate spouse, until
defect which is congenital or s/he re-marries, or co-
acquired during minority; the In the absence of both primary and habits/engages in common-
legitimate spouse living with secondary beneficiaries, any other law relationship; and
the employee; and the person designated by the member in
parents of said employee his/her SSS records shall be considered
wholly dependent upon him as the beneficiary. a. The dependent
for regular support. legitimate, legally
Sec 8 - Dependents - The dependents adopted or
Beneficiaries means the shall be the following: legitimated children,
dependent spouse until he "(1) The legal spouse entitled by law to including illegitimate
remarries and dependent receive support from the member; children, who have
children, who are the primary "(2) The legitimate, legitimated or legally not reached the age
beneficiaries. In their adopted, and illegitimate child who is of majority, or, have
absence, the dependent unmarried, not gainfully employed, and reached the age of
parents and subject to the has not reached twenty-one (21) years majority but
restrictions imposed on of age, or if over twenty-one (21) years incapacitated and
dependent children, the of age, he is congenitally or while still a incapable of self-
illegitimate children and minor has been permanently support due to a
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legitimate descendants who incapacitated and incapable of self- mental or physical

are the secondary support, physically or mentally; and defect acquired prior
beneficiaries; Provided, that "(3) The parent who is receiving regular to age of majority.
the dependent acknowledged support from the member.
natural child shall be b. The secondary
considered as a primary Beneficiaries - The dependent spouse beneficiaries shall be
beneficiary when there are no until he or she remarries, the dependent the dependent
other dependent children who legitimate, legitimated or legally parents and, subject
are qualified and eligible for adopted, and illegitimate children, who to the restrictions on
monthly income benefit. shall be the primary beneficiaries of the dependent children,
member: Provided, That the dependent the legitimate
The beneficiaries shall be illegitimate children shall be entitled to descendants.
either primary or secondary, fifty percent (50%) of the share of the
and determined at the time of legitimate, legitimated or legally adopted B. The secondary
employee’s death. children: Provided, further, That in the beneficiaries shall only be
absence of the dependent legitimate, entitled to survivorship
The following beneficiaries legitimated children of the member, benefits if there are no
shall be considered primary: his/her dependent illegitimate children primary beneficiaries.
shall be entitled to one hundred percent
a. The legitimate spouse (100%) of the benefits. In their absence, Section 2 - Dependents-
living with the the dependent parents who shall be the Dependents shall be the
employee at the time of secondary beneficiaries of the member. following:
the employee’s death In the absence of all the foregoing, any
until he remarries; and other person designated by the member a. the legitimate spouse
b. Legitimate, legitimated, as his/her secondary beneficiary. dependent for support upon
legally adopted or the member or pensioner;
acknowledged natural b. the legitimate,
children, who are legitimated, legally adopted
unmarried, not gainfully child, including the
employed, not over 21 illegitimate child, who is
years of age, or over unmarried, not gainfully
21 years of age employed, not over the age
provided he is of majority, or is over the
incapacitated and age of majority but
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incapable of self- incapacitated and incapable

support due to physical of self-support due to a
or mental defect which mental or physical defect
is congenital or acquired prior to age of
acquired during majority; and
minority. c. the parents’ dependent
upon the member for
The following beneficiaries support.
shall be considered
secondary:

a. The legitimate parents

wholly dependent upon
the employee for
regular support;
b. The legitimate
descendants and
illegitimate children
who are unmarried, not
gainfully employed, not
over 21 years of age,
or over 21 years of age
provided he is
incapacitated and
incapable of self-
support due to physical
or mental defect which
is congenital or
acquired during
minority.
Primary beneficiaries
shall have priority claim
to death benefits over
secondary
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beneficiaries.
Whenever there are
primary beneficiaries,
no death benefit shall
be paid to his
secondary
beneficiaries.
a. Medical services
b. Rehabilitation services;
BENEFITS c. Temporary total disability
benefit;
d. Permanent total disability
benefit;
e. Permanent partial disability
benefit;
f. Death benefit; and
g. Funeral benefit.
a. MEDICAL BENEFITS
ART. 185. Medical services. -
Immediately after an
employee contracts sickness
or sustains an injury, he shall
be provided by the System
during the subsequent period
of his disability with such
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a. Monthly Pension a. Monthly Pension
b. Dependent's pension b. Separation benefits
c. Retirement benefits c. Unemployment or
d. Death benefits Involuntary Separation
e. Permanent disability benefit Benefits
f. Funeral benefits d. Retirement benefits
g. Maternity Leave benefit e. Permanent Total
Disability benefit
a. MONTHLY PENSION f. Permanent Partial
Disability benefits
(a) The monthly pension shall be the g. Temporary Total
highest of the following amounts: Disability benefit
h. Non-scheduled Disability
i. Survivorship benefits
(1) The sum of the following:
j. Funeral benefit
(i) Three hundred pesos k. Life insurance benefit
(P300.00; plus
a. MONTHLY PENSION
(ii) Twenty percent (20%)
of the average monthly SECTION 9. Computation of
salary credit; plus the Basic Monthly Pension.
—
Villarin, Catherine Mae C.
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medical services and
appliances as the nature of
his sickness or injury and
progress of his recovery may
require, subject to the
expense limitation prescribed
by the Commission.
ART. 189. Fees and other
charges. - All fees and other
charges for hospital services,
medical care and appliances
excluding professional fees
shall not be higher than those
prevailing in wards of
hospitals for similar services
to injured or sick persons in
general and shall be subject
to the regulations of the
Commission. Professional
fees shall only be appreciably
higher than those prescribed
under Republic Act numbered
sixty-one hundred eleven, as
amended, otherwise known
as the Philippine Medical
Care Act of 1969.
b. REHABILITATION
SERVICES
ART. 190. Rehabilitation disability or retirement, dependents'
services.
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(iii) Two percent (2%) of The basic monthly pension
the average monthly is equal to:
salary credit for each
credited year of service in a. Thirty-seven and
excess of ten (10) years; one-half percent
or (37.5%) of the
revalued average
"(2) Forth percent (40%) of the average monthly
monthly salary credit; or compensation; plus,
two and one-half
(3) One thousand pesos percent (2.5%) of
(P1,000.00): Provided, That the monthly said revalued
pension shall in no case be paid for an average monthly
aggregate amount of less than sixty (60) compensation for
months. each year of service
in excess of fifteen
(b) Notwithstanding the preceding (15) years: Provided,
paragraph, the minimum pension shall That the basic
be One thousand two hundred pesos monthly pension shall
(P1,200.00) for members with at least not exceed ninety
ten (10) credited years of service and percent (90%) of the
two thousand four hundred pesos average monthly
(P2,400.00) for those with twenty (20) compensation.
credited years of service.
The basic monthly pension
b. DEPENDENT’S PENSION may be adjusted upon the
recommendation of the
SEC. 12-A. Dependents' Pension. - President and General
Where monthly pension is payable on Manager of the GSIS and
account of death, permanent total approved by the President
of the Philippines in
pension equivalent to ten percent (10%) accordance with the rules
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(a) The System shall, as soon and regulations prescribed

as practicable, establish a of the monthly pension or Two hundred by the GSIS: Provided,
continuing program for the fifty pesos (P250.00), whichever is however, That the basic
rehabilitation of injured and higher, shall also be paid for each monthly pension shall not be
handicapped employees, who dependent child conceived on or before less than One thousand and
shall be entitled to the date of the contingency but not three hundred pesos
rehabilitation services, which exceeding five (5), beginning with the (P1,300.00): Provided,
shall consist of medical, youngest and without further, That the basic
surgical or hospital treatment, substitution: Provided, That where there monthly pension for those
including appliances if they are legitimate or illegitimate children, who have rendered at least
have been handicapped by the former shall be preferred. twenty (20) years of service
the injury, to help them after the effectivity of this
become physically c. RETIREMENT BENEFITS Act shall not be less than
independent. Two thousand four hundred
SEC. 12-B. Retirement Benefits. – pesos (P2,400.00) a month.
(b) As soon as practicable,
the System shall establish (a) A member who has paid at least one
centers equipped and staffed hundred twenty (120) SECTION 10. Computation
monthly
to provide a balanced contributions prior to the semester of of Service. —
program of remedial retirement and who: (1) has reached the(a) The computation of
treatment, vocational age of sixty (60) years and is already service for the purpose of
assessment and preparation separated from employment or has determining the amount of
designed to meet the ceased to be self-employed; or (2) has benefits payable under this
individual needs of each Act shall be from the date of
reached the age of sixty-five (65) years,
handicapped employee to original
shall be entitled for as long as he lives
restore him to suitable to the monthly pension: Provided, That appointment/election,
employment, including he shall have the option to receive hisincluding periods of service
assistance as may be within first eighteen (18) monthly pensions inat different times under one
its resources to help each lump sum discounted at a preferential or more employers, those
rehabilitee to develop his performed overseas under
rate of interest to be determined by the
mental, vocational or social SSS. the authority of the Republic
potential. of the Philippines, and those
(b) A covered member who is sixty (60) that may be prescribed by
ART. 198. Assignment of
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benefits. - No claim for the GSIS in coordination

compensation under this Title years old at retirement and who does with the Civil Service
shall be compensable is not qualify for pension benefits under Commission.
transferable, or liable to tax,paragraph (a) above, shall be entitled to
attachment, garnishment, levy a lump sum benefit equal to the total (b) All service credited for
or seizure by or under any contributions paid by him and on his retirement, resignation or
legal process whatsoever, behalf: Provided, That he is separated separation for which
either before or after receipt from employment and is not continuing corresponding benefits have
by the person or persons payment of contributions to the SSS on been awarded under this
entitled thereto, except to payhis own. Act or other laws shall be
any debt of the employee to excluded in the computation
the System. (c) The monthly pension shall be of service in case of
suspended upon the reemployment or reinstatement in the service
ART. 199. Earned benefits. - resumption of self-employment of a of an employer and
Income benefits shall, with retired member who is less than sixty- subsequent retirement or
respect to any period of five (65) years old. He shall again be separation which is
disability, be payable in subject to Section Eighteen and his compensable under this Act.
accordance with this Title to employer to Section Nineteen of this “For the purpose of this
an employee who is entitled to Act. section the term service
receive wages, salaries or shall include full time service
allowance for holidays, (d) Upon the death of the retired with compensation:
vacation or sick leaves and member, his primary beneficiaries as of Provided, That part time and
any award of benefit under a the date of his retirement shall be other services with
collective bargaining or other entitled to receive the monthly compensation may be
agreement. pension: Provided, That if he has no included under such rules
primary beneficiaries and he dies within and regulations as may be
c. TEMPORARY TOTAL sixty (60) months from the start of his prescribed by the GSIS.
DISABILITY monthly pension, his secondary
BENEFITS beneficiaries shall be entitled to a lump b. SEPARATION
sum benefit equivalent to the total BENEFITS
ART. 191. Temporary total monthly pensions corresponding to the
disability. balance of the five-year guaranteed SECTION 11. Separation
period, excluding the dependents' Benefits. — The separation
(a) Under such regulations
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as the Commission may
approve, any employee under
this Title who sustains an
injury or contracts sickness
resulting in temporary total
disability shall for each day of
such a disability or fraction
thereof be paid by the System
an income benefit equivalent
to ninety percent of his
average daily salary credit,
subject to the following
conditions:
The daily income benefit shall
not be less than Ten Pesos
nor more than
Ninety Pesos, nor paid for a
continuous period longer than
one hundred twenty days,
except as otherwise provided
for in the Rules, and the
System shall be notified of the
injury or sickness.
(b) The monthly income
benefit shall be in accordance
with the
regulations of the
Commission. (As amended by
Sec. 19, P.D. 850).
d. PERMANENT TOTAL
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benefit shall consist of:
pension.
(a) a cash payment
(e) The monthly pension of a member equivalent to one hundred
who retires after reaching age sixty (60) percent (100%) of his
shall be the higher of either: (1) the average monthly
monthly pension computed at the compensation for each year
earliest time he could have retired had of service he paid
he been separated from employment or contributions, but not less
ceased to be self-employed plus all than Twelve thousand
adjustments thereto; or (2) the monthly pesos (P12,000) payable
pension computed at the time when he upon reaching sixty (60)
actually retires. years of age or upon
separation, whichever
comes later: Provided, That
the member resigns or
d. DEATH BENEFITS separates from the service
after he has rendered at
SEC. 13. Death Benefits. - Upon the least three (3) years of
death of a member who has paid at service but less than fifteen
least thirty-six (36) monthly (15) years; or
contributions prior to the semester of
death, his primary beneficiaries shall be (b) A cash payment
entitled to the monthly equivalent to eighteen (18)
pension: Provided, That if he has no times his basic monthly
primary beneficiaries, his secondary pension payable at the time
beneficiaries shall be entitled to a lump of resignation or separation,
sum benefit equivalent to thirty-six (36) plus an old-age pension
times the monthly pension. If he has not benefit equal to the basic
paid the required thirty-six (36) monthly monthly pension payable
contributions, his primary or secondary monthly for life upon
beneficiaries shall be entitled to a lump reaching the age of sixty
sum benefit equivalent to the monthly (60): Provided, That the
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DISABILITY BENEFIT member resigns or

pension times the number of monthly separates from the service
ART. 192. Permanent total contributions paid to the SSS or twelve after he has rendered at
disability. (12) times the monthly pension, least fifteen (15) years of
whichever is higher. service and is below sixty
(a) Under such regulations (60) years of age at the time
as the Commission may e. PERMANENT DISABILITY of resignation or separation.
approve, any employee under BENEFITS
this Title who
contracts sickness or sustains SEC. 13-A. Permanent Disability c. UNEMPLOYMENT OR
an injury resulting in his Benefits. – INVOLUNTARY
permanent total SEPARATION BENEFITS
disability shall, for each month (a) Upon the permanent total disability
until his death, be paid by the of a member who has paid at least SECTION 12.
System thirty-six (36) monthly contributions prior Unemployment or
during such a disability, an to the semester of disability, he shall be Involuntary Separation
amount equivalent to the entitled to the monthly Benefits. — Unemployment
monthly income pension: Provided, That if he has not benefits in the form of
benefit, plus ten percent paid the required thirty-six (36) monthly monthly cash payments
thereof for each dependent contributions, he shall be entitled to a equivalent to fifty percent
child, but not exceeding five, lump sum benefit equivalent to the (50%) of the average
beginning with youngest and monthly pension times the number of monthly compensation shall
without substitution: Provided, monthly contributions paid to the SSS or be paid to a permanent
That the monthly income twelve (12) times the monthly pension, employee who is
benefit shall be the new whichever is higher. A member who (1) involuntarily separated from
amount of the monthly benefit has received a lump sum benefit; and the service due to the
for all covered pensioners, (2) is reemployed or has resumed self- abolition of his office or
effective upon approval of this employment not earlier than one (1) position usually resulting
Decree. year from the date of his disability shall from reorganization:
again be subject to compulsory Provided, that he has been
(b) The monthly income coverage and shall be considered a paying integrated
benefit shall be guaranteed new member. contributions for at least one
for five years, and shall be (1) year prior to separation.
suspended if the employee is
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gainfully employed, or Unemployment benefits

recovers from his permanent (b) The monthly pension and shall be paid in accordance
total disability, or fails to dependents' pension shall be with the following schedule:
present himself for suspended upon the reemployment or Contributions Made Benefit
examination at least once a resumption of self-employment or the Duration
year upon notice by the recovery of the disabled member from 1 year but less than 3 years
System, except as otherwise his permanent total disability or his 2 months
provided for in other laws, failure to present himself for 3 or more years but less
decrees, orders or Letters of examination at least once a year upon than 6 years 3 months
Instructions. notice by the SSS. 6 or more years but less
than 9 years 4 months
(c) The following disabilities (c) Upon the death of the permanent 9 or more years but less
shall be deemed total and total disability pensioner, his primary than 11 years 5 months
permanent: beneficiaries as of the date of disability 11 or more years but less
shall be entitled to receive the monthly than 15 years 6 months
(1) Temporary total disability pension: Provided, That if he has no
lasting continuously for more primary beneficiaries and he dies within The first payment shall be
than sixty (60) months from the start of his equivalent to two (2)
one hundred twenty days, monthly pension, his secondary monthly benefits. A seven-
except as otherwise provided beneficiaries shall be entitled to a lump day (7) waiting period shall
for in the Rules; sum benefit equivalent to the total be imposed on succeeding
monthly pensions corresponding to the monthly payments.
(2) Complete loss of sight of balance of the five-year guaranteed
both eyes; period excluding the dependents' All accumulated
(3) Loss of two limbs at or pension. unemployment benefits paid
above the ankle or wrist; to the employee during his
(4) Permanent complete (d) The following disabilities shall be entire membership with the
paralysis of two limbs; deemed permanent total: GSIS shall be deducted
(5) Brain injury resulting in from voluntary separation
incurable imbecility or 1. Complete loss of sight of both benefits.
insanity; and eyes; “The GSIS shall prescribe
(6) Such cases as determined the detailed guidelines in the
by the Medical Director of the 2. Loss of two limbs at or above operationalization of this
System and approved by the
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Commission. section in the rules and

(d) The number of months of the ankle or wrists; regulations implementing
paid coverage shall be this Act.
defined and 3. Permanent complete paralysis
approximated by a formula to of two limbs; d.RETIREMENT BENEFITS
be approved by the
Commission. 4. Brain injury resulting to SECTION 13. Retirement
incurable imbecility or insanity; Benefits. —
e. PERMANENT and
PARTIAL DISABILITY (a) Retirement benefit shall
BENEFIT 5. Such cases as determined and be:
approved by the SSS.
ART. 193. Permanent partial (1) the lump sum payment
disability. (e) If the disability is permanent partial, as defined in this Act
and such disability occurs before thirty- payable at the time of
(a) Under such regulation six (36) monthly contributions have retirement plus an old-age
as the Commission may been paid prior to the semester of pension benefit equal to the
approve, any employee under disability, the benefit shall be such basic monthly pension
this Title who percentage of the lump sum benefit payable monthly for life,
contracts sickness or sustains described in the preceding paragraph starting upon expiration of
an injury resulting in with due regard to the degree of the five-year (5) guaranteed
permanent partial disability as the Commission may period covered by the lump
disability shall for each month determine. sum; or
not exceeding the period
designated (f) If the disability is permanent total and (2) cash payment equivalent
herein be paid by the System such disability occurs after thirty-six (36) to eighteen (18) months of
during such a disability an monthly contributions have been paid his basic monthly pension
income benefit prior to the semester of disability, the plus monthly pension for life
equivalent to the income benefit shall be the monthly pension for payable immediately with no
benefit for permanent total permanent total disability payable not five-year (5) guarantee.
disability. longer than the period designated
(b) The benefit shall be paid (g) The percentage degree of disability (b) Unless the service is
for not more than the period
Villarin, Catherine Mae C. LABOR LAW 2
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designated in the following extended by appropriate

schedule: which is equivalent to the ratio that the authorities, retirement shall
designated number of months of be compulsory for an
Complete and No. of compensability bears to seventy-five employee at sixty-five (65)
permanent loss of (75), rounded to the next higher integer, years of age with at least
Months the use of; shall not be additive for distinct, fifteen (15) years of service:
separate and unrelated permanent Provided, that if he has less
One thumb partial disabilities, but shall be additive than fifteen (15) years of
10 for deteriorating and related permanent service, he may be allowed
One index finger partial disabilities to a maximum of one to continue in the service in
8 hundred percent (100%), in which case, accordance with existing
One middle finger the member shall be deemed as civil service rules and
6 permanently totally disabled. regulations.
One ring finger
5 (h) In case of permanent partial
One little finger disability, the monthly pension benefit CONDITIONS
3 shall be given in lump sum if it is
One big toe payable for less than twelve (12)
6 months. SECTION 13-A. Conditions
Any toe for Entitlement. — A
3 (i) For the purpose of adjudicating member who retires from
One arm retirement, death and permanent total the service shall be entitled
50 disability pension benefits, contributions to the retirement benefits in
One hand shall be deemed paid for the months paragraph (a) of Section 13
39 during which the member received hereof: Provided, That:
One foot partial disability pension: Provided, that (1) he has rendered at least
31 such contributions shall be based on his fifteen (15) years of service;
One leg last contribution prior to his disability. (2) he is at least sixty (60)
46 years of age at the time of
One ear (j) Should a member who is on partial retirement; and
10 disability pension retire or die, his (3) he is not receiving a
Both ears disability pension shall cease upon his monthly pension benefit
20 from permanent total
Hearing of one ear 10
Villarin, Catherine Mae C.
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Hearing of both ears 50
Sight of one eye 25
(c) A loss of a wrist shall be
considered as a loss of the
hand, and loss of an elbow
shall be considered as a loss
of the arm. A loss of an ankle
shall be considered as a loss
of the foot, and a loss of a
knee shall be considered as a
loss of the leg. A loss of more
than one joint shall be
considered as a loss of the
whole finger or toe, and a loss
of only the first joint shall be
considered as a loss of one-
half of the whole finger or toe:
Provided, that such a loss
shall be either the functional
loss of the use or physical
loss of the member.
(d) In case of permanent
partial disability less than the
total loss of
the member specified in the
preceding paragraph; the
same monthly income benefit
shall be paid for a portion of
the period established for the
total loss of the member in
accordance with the
proportion that the partial loss
LABOR LAW 2
disability.
retirement or death. “SECTION 14. Periodic
Pension Adjustment. — The
f. FUNERAL BENEFITS monthly pension of all
pensioners including all
SEC. 13-B. Funeral Benefit. - A funeral those receiving survivorship
grant equivalent to Twelve thousand pension benefits shall be
pesos (P12,000.00) shall be paid, in periodically adjusted as may
cash or in kind, to help defray the cost be recommended by the
of funeral expenses upon the death of a GSIS’ actuary and approved
member, including permanently totally by the Board in accordance
disabled member or retiree. with the rules and
regulations prescribed by
SEC. 14. Sickness Benefit. – the GSIS.
(a) A member who has paid at least e. PERMANENT TOTAL
three (3) monthly contributions in the DISABILITY BENEFITS
twelve-month period immediately
preceding the semester of sickness or SECTION 15. General
injury and is confined therefor for moreConditions for Entitlement.
than three (3) days in a hospital or — A member who suffers
elsewhere with the approval of the SSS, permanent disability for
shall, for each day of compensable reasons not due to his grave
confinement or a fraction thereof, be misconduct, notorious
paid by his employer, or the SSS, if negligence, habitual
such person is unemployed or self- intoxication, or willful
employed, a daily sickness benefit intention to kill himself or
another, shall be entitled to
equivalent to ninety percent (90%) of his
average daily salary credit, subject to the benefits provided for
the following conditions: under Sections 16 and 17
immediately following,
(1) In no case shall the daily sickness subject to the corresponding
benefit be paid longer than one hundred conditions therefor.
Villarin, Catherine Mae C. LABOR LAW 2
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bears to the total loss. If the

result is a decimal fraction, twenty (120) days in one (1) calendar SECTION 16. Permanent
the year, nor shall any unused portion of the Total Disability Benefits. —
same shall be rounded off to one hundred twenty (120) days of (a) If the permanent
the next higher integer. sickness benefit granted under this disability is total, he shall
section be carried forward and added to receive a monthly income
the total number of compensable days benefit for life equal to the
(e) In cases of simultaneous allowable in the subsequent year; basic monthly pension
loss of more than one effective from the date of
member or a part (2) The daily sickness benefit shall not disability: Provided, That:
thereof as specified in this be paid for more than two hundred forty (1) he is in the service at the
Article, the same monthly (240) days on account of the same time of disability; or
income benefit shall be paid confinement; and (2) if separated from the
for a period equivalent to the service, he has paid at least
sum of the periods (3) The employee member shall notify thirty-six (36) monthly
established for the loss of the his employer of the fact of his sickness contributions within the five
member or a part thereof. If or injury within five (5) calendar days (5) year period immediately
the result is a decimal after the start of his confinement unless preceding his disability, or
fraction, the same shall be such confinement is in a hospital or the has paid a total of at least
rounded off to the next higher employee became sick or was injured one hundred eighty (180)
integer. while working or within the premises of monthly contributions, prior
the employer in which case, notification to his disability: Provided,
(f) In cases of injuries or to the employer is necessary: Provided, further, That if at the time of
illnesses resulting in a That if the member is unemployed or disability, he was in the
permanent partial self-employed, he shall directly notify service and has paid a total
disability not listed in the the SSS of his confinement within five of at least one hundred
preceding schedule; the (5) calendar days after the start thereof eighty (180) monthly
benefit shall be an unless such confinement is in a hospital contributions, in addition to
income benefit equivalent to in which case notification is also not the monthly income benefit,
the percentage of the necessary: Provided, further, That in he shall receive a cash
permanent loss of cases where notification is necessary, payment equivalent to
the capacity for work. (As the confinement shall be deemed to eighteen (18) times his
amended by Sec. 7, P.D. have started not earlier than the fifth basic monthly pension:
1368).
Villarin, Catherine Mae C.
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(g) Under such regulations as
the Commission may
approve, the
income benefit payable in
case of permanent partial
disability may be
paid in monthly pension or in
lumpsum if the period covered
does not exceed one year.
(As added by Sec. 7, P.D.
1368).
f. DEATH BENEFITS
ART. 194. Death.
(a) Under such regulations as
the Commission
may approve, the System
shall pay to the primary
beneficiaries upon
the death of the covered
employee under this Title an
amount equivalent to his
monthly income benefit, plus
ten percent thereof for each
dependent child, but not
exceeding five, beginning with
the youngest and
without substitution, except as
provided for in paragraph (j) of
Article
167 hereof: Provided,
LABOR LAW 2
Provided, finally, That a
day immediately preceding the date of member cannot enjoy the
notification. monthly income benefit for
permanent disability and the
(b) The compensable confinement shall old-age retirement
begin on the first day of sickness, and simultaneously.
the payment of such allowances shall
be promptly made by the employer (b) If a member who suffers
every regular payday or on the fifteenth permanent total disability
and last day of each month, and does not satisfy conditions
similarly in the case of direct payment (1) and (2) in paragraph (a)
by the SSS, for as long as such of this section but has
allowances are due and rendered at least three (3)
payable: Provided, that such allowance years’ service at the time of
shall begin only after all sick leaves of his disability, he shall be
absence with full pay to the credit of the advanced the cash payment
employee member shall have been equivalent to one hundred
exhausted. percent (100%) of his
average monthly
(c) One hundred percent (100%) of the compensation for each year
daily benefits Provided in the preceding of service he paid
paragraph shall be reimbursed by the contributions, but not less
SSS to said employer upon receipt of than Twelve Thousand
satisfactory proof of such payment and pesos (P12,000) which
legality thereof: Provided, That the should have been his
employer has notified the SSS of the separation benefit.
confinement within five (5) calendar
days after receipt of the notification from (c) Unless the member has
the employee reached the minimum
member: Provided, further, That if the retirement age, disability
notification to the SSS is made by the benefit shall be suspended
employer beyond five (5) calendar days when:
after receipt of the notification from the 1) he is reemployed or
Villarin, Catherine Mae C.
LLB2-A
However, That the monthly
income benefit shall
be guaranteed for five years:
Provided, Further, that if he
has no primary beneficiary,
the System shall pay to his
secondary beneficiaries
the monthly income benefit
but not to exceed sixty
months: Provided,
Finally, That the minimum
death benefit shall not be less
than fifteen
thousand pesos. (As
amended by Sec. 4, P.D.
1921).
(b) Under such regulations as
the Commission may
approve, the
System shall pay to the
primary beneficiaries upon the
death of a covered employee
who is under permanent total
disability under this Title,
eighty percent of the monthly
income benefit and his
dependents to the
dependent’s pension;
Provided, That the marriage
must have been validly
subsisting at the time of
disability: Provided, Further,
LABOR LAW 2
2) he recovers from
employee member, said employer shall disability as determined by
be reimbursed only for each day of the GSIS, whose decision
confinement starting from the tenth shall be final and binding; or
calendar day immediately preceding the 3) he fails to present himself
date of notification to the for medical examination
SSS: Provided, finally, That the SSS when required by the GSIS.
shall reimburse the employer or pay the
unemployed member only for (d) The following disabilities
confinement within the one-year period shall be deemed total and
immediately preceding the date the permanent:
claim for benefit or reimbursement is 1) complete loss of sight of
received by the SSS, except both eyes;
confinement in a hospital in which case 2) loss of two (2) limbs at or
the claim for benefit or reimbursement above the ankle or wrist;
must be filed within one (1) year from 3) permanent complete
the last day of confinement. paralysis of two(2) limbs;
4) brain injury resulting in
(d) Where the employee member has incurable imbecility or
given the required notification but the insanity; and
employer fails to notify the SSS of the 5) such other cases as may
confinement or to file the claim for be determined by the GSIS.
reimbursement within the period
prescribed in this section resulting in the f. PERMANENT TOTAL
reduction of the benefit or denial of the DISABILITY BENEFITS
claim, such employer shall have no right
to recover the corresponding daily
allowance he advanced to the employee SECTION 17. Permanent
member as required in this section. Partial Disability Benefits. —
(a) If the disability is partial,
(e)The claim of reimbursement shall be he shall receive a cash
adjudicated by the SSS within a period payment in accordance with
of two (2) months from receipt a schedule of disabilities to
Villarin, Catherine Mae C.
LLB2-A
That if he has no primary
beneficiary, the System shall
pay to his secondary
beneficiaries the monthly
pension excluding the
dependents pension, of the
remaining balance of the five-
year guaranteed period:
Provided, Finally,
That the minimum death
benefit shall not be less than
fifteen thousand
pesos. (As amended by Sec.
4, P.D. 1921).
(c) The monthly income
benefit provided herein shall
be the new
amount of the monthly income
benefit for the surviving
beneficiaries
upon the Approval of this
decree. (As amended by Sec.
8, P.D. 1368).
(d) Funeral Benefit. - A funeral
benefit of Three Thousand
Pesos
(P3,000.00) shall be paid
upon the death of a covered
employee or permanently
totally disabled pensioner.”
LABOR LAW 2
be prescribed by the GSIS:
thereof: Provided, That should no Provided, that he satisfies
payment be received by the employer either conditions (1) or (2) of
within one (1) month after the period Section 16(a);
prescribed herein for adjudication, the
reimbursement shall thereafter earn (b) The following disabilities
simple interest of one percent (1%) per shall be deemed permanent
month until paid. and partial:
1) complete and permanent
(f) The provisions regarding the loss of the use of:
notification required of the member and (i) any finger
the employer as well as the period (ii) any toe
within which the claim for benefit or (iii) one arm
reimbursement may be filed shall apply (iv) one hand
to all claims filed with the SSS. (v) one foot
(vi) one leg
g. MATERNITY LEAVE BENEFIT (vii) one or both ears
(viii) hearing of one or both
SEC. 14-A. Maternity Leave Benefit. - A ears
female member who has paid at least (ix) sight of one eye
three (3) monthly contributions in the
twelve-month period immediately 2) such other cases as may
preceding the semester of her childbirth be determined by the GSIS.
or miscarriage shall be paid a daily
maternity benefit equivalent to one g. TEMPORARY TOTAL
hundred percent (100%) of her average DISABILITY BENEFITS
daily salary credit for sixty (60) days or
seventy-eight (78) days in case of SECTION 18. Temporary
caesarian delivery, subject to the Total Disability Benefit. —
following conditions:
(a) A member who suffers
(a) That the employee shall have temporary total disability for
notified her employer of her pregnancy reasons not due to any of
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

the conditions enumerated

and the probable date of her childbirth, in Section 15 hereof shall be
which notice shall be transmitted to the entitled to seventy-five
SSS in accordance with the rules and percent (75%) of his current
regulations it may provide; daily compensation for each
day or fraction thereof of
(b) The full payment shall be advanced temporary disability benefit
by the employer within thirty (30) days not exceeding one hundred
from the filing of the maternity leave twenty (120) days in one
application; calendar year after
exhausting all his sick leave
(c) That payment of daily maternity credits and collective
benefits shall be a bar to the recovery of bargaining agreement sick
sickness benefits Provided by this Act leave benefits, if any, but
for the same period for which daily not earlier than the fourth
maternity benefits have been received; day of his temporary total
disability: Provided, That:
(d) That the maternity
benefits Provided under this section 1) he is in the service at the
shall be paid only for the first four (4) time of his disability; or
deliveries or miscarriages; 2) if separated, he has
rendered at least three (3)
(e) That the SSS shall immediately years of service and has
reimburse the employer of one hundred paid at least six (6) monthly
percent (100%) of the number of contributions in the twelve-
maternity benefits advanced to the month period immediately
employee by the employer upon receipt preceding his disability.
of satisfactory proof of such payment Provided, however, that a
and legality thereof; and member cannot enjoy the
temporary total disability
(f) That if an employee member should benefit and sick leave pay
give birth or suffer miscarriage without simultaneously: Provided,
the required contributions having been further, That if the disability
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A
remitted for her by her employer to the
SSS, or without the latter having been
previously notified by the employer of
the time of the pregnancy, the employer
shall pay to the SSS damages
equivalent to the benefits which said
employee member would otherwise
have been entitled to.
NOTE:
Section 15 of the act provides for the
Non-Transferability of Benefits.
The SSS shall promptly pay the
benefits Provided in this Act to such
persons as may be entitled thereto in
accordance with the provisions of this
Act: Provided, That the SSS shall pay
the retirement benefits on the day of
contingency to qualified members who
have submitted the necessary
documents at least six (6) months
before: Provided, further, That the
beneficiary who is a national of a foreign
country which does not extend benefits
to a Filipino beneficiary residing in the
Philippines, or which is not recognized
requires more extensive
treatment that lasts beyond
one hundred twenty (120)
days, the payment of the
temporary total disability
benefit may be extended by
the GSIS but not to exceed
a total of two hundred forty
(240) days.
(b) The temporary total
disability benefit shall in no
case be less than Seventy
pesos (P70.00) a day.
(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 and regulations to
be prescribed by the GSIS.
h. NON-SCHEDULED
DISABILITY
SECTION 19. Non-
scheduled Disability. — For
injuries or illnesses resulting
in a disability not listed in
the schedule of partial/total
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

disability, as provided
by the Philippines, shall not be entitled herein, the GSIS shall
to receive any benefit under this determine the nature of the
Act: Provided, further, That disability and the
notwithstanding the foregoing, where corresponding benefits
the best interest of the SSS will be therefor.
served, the Commission may direct
payments without regard to nationality i. SURVIVORSHIP
or country of BENEFITS
residence: Provided, further, That if the
recipient is a minor or a person SECTION 20. Survivorship
incapable of administering his own Benefits. — When a
affairs, the Commission shall appoint a member or pensioner dies,
representative under such terms and the beneficiaries shall be
conditions as it may deem entitled to survivorship
proper: Provided, further, That such benefits provided in
appointment shall not be necessary in Sections 21 and 22
case the recipient is under the custody hereunder subject to the
of or living with the parents or spouse of conditions therein provided
the member in which case the benefits for. The survivorship
shall be paid to such parents or spouse, pension shall consist of:
as representative payee of the recipient.
Such benefits are not transferable and 1) the basic survivorship
no power of attorney or other document pension which is fifty
executed by those entitled thereto in percent (50%) of the basic
favor of any agent, attorney or any other monthly pension; and
person for the collection thereof on their 2) the dependent children’s
behalf shall be recognized, except when pension not exceeding fifty
they are physically unable to collect percent (50%) of the basic
personally such monthly pension.
benefits: Provided, further, that in case
of death benefits, if no beneficiary SECTION 21. Death of a
qualifies under this Act, said benefits Member. —
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

shall be paid to the legal heirs in (a) Upon the death of a

accordance with the law of succession. member, the primary
beneficiaries shall be
entitled to:

1) survivorship pension:
Provided, That the
deceased:

(i) was in the service at the

time of his death; or
(ii) if separated from the
service, has at least three
(3) years of service at the
time of his death and has
paid thirty-six (36) monthly
contributions within the five-
year period immediately
preceding his death; or has
paid a total of at least one
hundred eighty (180)
monthly contributions prior
to his death; or

2) the survivorship pension

plus a cash payment
equivalent to one hundred
percent (100%) of his
average monthly
compensation for every year
of service: Provided, That
the deceased was in the
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

service at the time of his

death with at least three (3)
years of service; or a cash
payment equivalent to one
hundred percent (100%) of
his average monthly
compensation for each year
of service he paid
contributions, but not less
than twelve thousand pesos
(P12,000.00): Provided,
That the deceased has
rendered at least three (3)
years of service prior to his
death but does not qualify
for the benefits under the
item (1) or (2) of this
paragraph.
(b) The survivorship pension
shall be paid as follows:

1) when the dependent

spouse is the only survivor,
he/she shall receive the
basic survivorship pension
for life or until he/she
remarries;
2) when only dependent
children are the survivors,
they shall be entitled to the
basic survivorship pension
for as long as they are
qualified, plus the
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

dependent children’s
pension equivalent to ten
percent (10%) of the basic
monthly pension for every
dependent child not
exceeding five (5), counted
from the youngest and
without substitution;
3) when the survivors are
the dependent spouse and
the dependent children, the
dependent spouse shall
receive the basic
survivorship pension for life
or until he/she remarries,
and the dependent children
shall receive the dependent
children’s pension
mentioned in the
immediately preceding
paragraph (2) hereof.

(c) In the absence of

primary beneficiaries, the
secondary beneficiaries
shall be entitled to:

1) the cash payment

equivalent to one hundred
percent (100%) of his
average monthly
compensation for each year
of service he paid
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

contributions, but not less

than twelve thousand pesos
(P12,000): Provided, That
the member is in the service
at the time of his death and
has at least three (3) years
of service; or
2) in the absence of
secondary beneficiaries, the
benefits under this
paragraph shall be paid to
his legal heirs.
(d) For purposes of the
survivorship benefits,
legitimate children shall
include legally adopted and
legitimate children.

SECTION 22. Death of a

Pensioner. — Upon the
death of an old-age
pensioner or a member
receiving the monthly
income benefit for
permanent disability, the
qualified beneficiaries shall
be entitled to 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
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

covered by the lump sum,

the survivorship pension
shall be paid only after the
expiration of the said period.

j. FUNERAL BENEFITS

SECTION 23. Funeral

Benefit. — The amount of
funeral benefit shall be
determined and specified by
the GSIS in the rules and
regulations but shall not be
less than twelve thousand
pesos (P12,000.00):
Provided, that it shall be
increased to at least
Eighteen thousand pesos
(P18,000.00) after five (5)
years and shall be paid
upon the death of:
(a) an active member as
defined under Section 2(e)
of this Act; or
(b) a member who has been
separated from the service,
but who may be entitled to
future benefit pursuant to
Section 4 of this Act; or
(c) a pensioner, as defined
in Section 2(o) of this Act; or
(d) a retiree who at the time
of his retirement was of
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

pensionable age under this

Act but who opted to retire
under Republic Act No.
1616.

k. LIFE INSURANCE
BENEFITS

SECTION 24. Compulsory

Life Insurance. — All
employees except for
Members of the Armed
Forces of the Philippines
(AFP) and the 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 as follows:
1) for those employed after
the effectivity of this Act,
their insurance shall take
effect on the date of their
employment;
2) for those whose
insurance will mature after
the effectivity of this Act,
their insurance shall be
deemed renewed on the day
following the maturity or
Villarin, Catherine Mae C. LABOR LAW 2
LLB2-A

expiry date of their

insurance;
3) for those without any life
insurance as of the
effectivity of this Act, their
insurance shall take effect
following said effectivity.

SOURCES:
https://ecc.gov.ph/wp-content/uploads/2015/09/Booklet_Amended_Rules_on_EC_2014.pdf
https://www.gsis.gov.ph/about-us/gsis-laws/presidential-decree-no-1146/
https://www.sss.gov.ph/sss/DownloadContent?fileName=RA8282.pdf