Labor - Gsis, SSS, Ecc Benefits
Labor - Gsis, SSS, Ecc Benefits
Policy ● To establish, develop, promote and perfect a sound and viable tax-exempt social ● To preserve at all times the actuarial solvency of the funds administered by the System; to
security system suitable to the needs of the people throughout the Philippines which guarantee to the government employee all the benefits due him; and to expand and increase
shall promote social justice through savings, and the benefits made available to him and his dependents to the extent permitted by available
● To ensure meaningful social security protection to members and their beneficiaries resources.
against the hazards of disability, sickness, maternity, old age, death, and other ● To assure comprehensive and integrated social security and insurance programs that will
contingencies resulting in loss of income or financial burden. provide benefits responsive to their needs and those of their dependents in the event of
[Section 2] sickness, disability, death, retirement, and other contingencies; and to serve as a filing reward
for dedicated public service. (Whereas clauses, P.D. No. 1146)
Coverage Compulsory SSS coverage: ● All employees receiving compensation who have not reached the compulsory retirement
1. All employees including kasambahays or domestic workers not over 60 years age, irrespective of employment status.
of age [Sec. 9; see private benefit plans, infra]
2. Self-employed persons, including but not limited to: Excluded
a. All self-employed professionals a. Armed Forces of the Philippines and Philippine National Police.
b. Partners and single proprietors of businesses i. However, they must settle first their financial obligation with the GSIS.
c. Actors, directors, scriptwriters, news correspondents who do not fall b. Contractuals who have no employer and employee relationship with the agencies they serve.
within the definition of the term “employee” in Sec. 8
d. Professional athletes, coaches, trainers, jockeys General Rule: All members of the GSIS shall have life insurance, retirement, and all other social security
e. Individual farmers and fishermen [Sec. 9-A] protection such as disability, survivorship, separation, and unemployment benefits.
3. Employer/s
Exception: Members of the judiciary and constitutional commissions who shall have life insurance only.
Private Benefit Plans (Sec. 3)
● Any benefit already earned by the employees under private benefit plans existing
shall not be discontinued, reduced or otherwise impaired:
● Private plans which are existing and in force at the time of compulsory coverage
shall be integrated with the plan of the SSS in such a way where the employer's
contribution to his private plan is more than that required of him in this Act,
○ he shall pay to the SSS only the contribution required of him and
○ he shall continue his contribution to such private plan less his contribution
to the SSS so that the employer's total contribution to his benefit plan and
to the SSS shall be the same as his contribution to his private benefit plan
before the compulsory coverage:
● Any changes, adjustments, modifications, eliminations or improvements in the
benefits to be available under the remaining private plan, which may be necessary to
adopt by reason of the reduced contributions thereto as a result of the integration,
shall be subject to agreements between the employers and employees concerned:
● 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:
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● This is not 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.
Effective Date of Coverage ● Employer - on the first day of his operation ● From the date of original appointment/election, including:
● Employee - on the day of his employment ○ Periods of service at different times under one or more employers,
● Self-employed - upon his registration with the SSS. [Sec. 10] ○ Those performed overseas under the authority of the Republic of the Philippines,
○ Those that may be prescribed by the GSIS in coordination with the Civil Service
Commission.
In case of reinstatement:
● All service credited for retirement, resignation or separation for which corresponding benefits
have been awarded under this Act or other laws shall be excluded in the computation of
service. (Sec. 10)
Effect of separation from ● Employer's contribution and employee’s obligation to pay contributions shall cease ● A member separated from the service shall continue to be a member, and shall be entitled
employment at the end of the month of separation, but employee shall be to whatever benefits he has qualified to in the event of any contingency compensable under
1. credited with all contributions paid on his behalf and this Act. (Sec. 4)
2. entitled to benefits
● Employee may continue to pay the total contributions to maintain his right to full
benefit. (Sec. 11)
Effect of interruption of ● If the self-employed member realizes no income in any given month → not If a member is separated from service because of resignation, retirement, disability,
professional income required to pay contributions for that month. dismissal, retrenchment or in any manner of separation from the government agency to which he is
○ But he may be allowed to continue paying contributions under the same employed, he shall continue to be a member but will be classified under inactive status. He shall still be
rules applicable to a separated employee member entitled to receive whatever future benefits he is entitled but only when they become due. (Sec. 9, IRR)
● GR: Retroactive payment of contributions not allowed (Sec. 11-A)
○ XP: Self-employed members shall remit their monthly contributions
quarterly on such dates and schedules as the Commission may specify
(Sec. 22-A)
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Benefits Sec. 12. Monthly Pension Section 18 Compulsory Life Insurance Benefits Under Life Endowment Policy (LEP)
Sec. 12-A. Dependents’ Pension Section 19 Compulsory Life Insurance Benefits Under Enhanced Life Policy (ELP)
Sec. 12-B. Retirement Benefits Section 20 Retirement Benefits
Sec. 13. Death Benefits Section 21 Separation Benefits
Sec. 13-A. Permanent Disability Benefits Section 22 Unemployment Benefits
Sec. 13-B. Funeral Benefit Section 23 Disability Benefits
Sec. 14. Sickness Benefit Section 24 Survivorship Benefits
Sec. 14-A. Maternity Leave Benefit Section 25 Funeral Benefits
Sec. 14-B. Unemployment Insurance or Involuntary Separation Benefits
Monthly pension Whichever is higher: (37.5% x [revalued average monthly compensation]) + (2.5 x [revalued average monthly compensation]
1. Sum of x [years in service in excess of 15 years]).
● P300 + 20% of the average monthly salary credit + 2% of the average
monthly salary credit for each credited year of service in excess of 10 years; The monthly pension shall:
2. 40% of the average monthly salary credit; or ● Not exceed 90% of the average monthly compensation.
3. P1000; but monthly pension shall in no case be paid for an aggregate amount of less ● Not be less than:
than 60 months. ○ P2,400 for those with 20 years of service
○ P1,300 for everyone else. (Sec. 9)
Notwithstanding the preceding paragraph, the minimum pension shall be
● P1200 - members with at least 10 credited years of service
● P2400 - members with 20 credited years of service:
Commission, upon determination of actuarial soundness, may provide pension increase than
the amounts specified. (Sec. 12(a)(b))
Additional benefit allowance Additional P1000 shall be given to all retirement, death, and disability pensioners Sec. 18.4 IRR
receiving monthly pensions in or after January 2017. 1. Accidental Death Benefit (ADB): equivalent to the amount of Death Benefit when the
● Commission may determine the grant provided that the actuarial soundness of the member dies by accident
reserve fund shall be guaranteed. - There must be proof to show that cause of the member’s death is accidental (to be
● All other additional allowances to monthly pension subsequent to the Memorandum presented not later than 4 years from member’s death, otherwise, prescribed
of the Executive Secretary dated February 22, 2017 → subject to fund viability and
sustainability as determined by the Commission based on the recommendations of
the Office of the Chief Actuary guaranteeing the actuarial soundness of the grant of
such allowances. (Sec. 12(c))
Dependent’s pension ● When applicable: Monthly pension is payable on account of death, permanent total ● When applicable: When a member or pensioner dies
disability or retirement ● What survivorship pension consists of: Basic survivorship pension = 50% of the basic
● Amount: Dependents' pension equivalent to 10% of the monthly pension or P250, monthly pension + the dependent children’s pension not exceeding 50% of the basic monthly
whichever is higher, pension
● Who receives pension: Each dependent child conceived on or before the date of the ● Requisites to receive survivorship pension:
contingency but not exceeding 5, beginning with the youngest and without ○ That the deceased was in the service at the time of his death; or
substitution. ○ If separated from the service, has:
○ Note: Legitimate children preferred (Sec. 12-A) ■ At least 3 years of service at the time of his death and has paid 36 monthly
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Death Benefit Upon the death of a member who has paid at least 36 monthly contributions prior to the Sec. 20
semester of death Survivorship Benefits. — When a member or pensioner dies, the beneficiaries shall be entitled to
survivorship benefits provided in Sections 21 and 22
Who is entitled to monthly pension? - Inclusions:
1. Primary beneficiaries 1. Basic survivorship pension: 50% of the basic monthly pension; and
2. If no primary beneficiaries → secondary beneficiaries shall be entitled to a lump 2. Dependent children’s pension: not exceeding 50% of the basic monthly pension
sum benefit equivalent to 36 times the monthly pension.
a. If did not pay 36 monthly contributions → his primary or secondary Sec. 21
beneficiaries shall be entitled to Upon the death of a member, the primary beneficiaries shall be entitled to any of the ff:
i. a lump sum benefit equivalent to the monthly pension times the 1. Survivorship pension
number of monthly contributions paid to the SSS, OR - If member was in the service at the time of his death
ii. 12 times the monthly pension, whichever is higher. (Sec. 13) - If separated from service, must have had at least 3 years of service at the
time of his death and has paid 36 monthly contributions within the five-year
period immediately preceding his death; or has paid a total of at least 180
monthly contributions prior to his death
2. Survivorship pension + Cash payment of 100% of member’s average monthly compensation
for every year of service
- If member was in the service at the time of his death with at least three 3 years of
service
3. Cash payment of 100% of member’s monthly compensation for each year of service he paid
contributions (minimum amount = P12,000.000)
- If member has rendered at least 3 years of service prior to his death but does not
qualify for the benefits under the item 1 or 2
Permanent disability benefit ● Requirements ● Can be Permanent Total Disability (PTD) or Permanent Partial Disability (PPD)
○ (1) SSS member has a disability, which may be: 1. Permanent Total Disability: disability due to injury or disease causing complete, irreversible
■ Permanent total disability: and permanent incapacity that will permanently disable a member to work or to engage in any
● Complete loss of sight for both eyes gainful occupation resulting to loss of income
● Loss of 2 limbs at or above the ankle or wrists a. complete loss of sight for both eyes;
● Permanent complete paralysis of 2 limbs b. loss of two limbs at or above the ankle or wrists;
● Brain injury resulting to incurable imbecility or insanity c. permanent complete paralysis of two limbs; and
d. brain injury resulting in incurable imbecility or insanity.
● Such cases as determined and approved by the SSS
e. such other cases as may be determined and approved by the GSIS
■ Permanent partial disability – Complete and permanent loss
of/use of:
2. Permanent Partial Disability: disability due to the complete and permanent loss of the use of
● One thumb any of the following resulting to the disability to work for a limited period of time -
● One index finger One middle finger One ring finger a. any finger
One little finger One big toe b. any toe
● One hand c. one arm;
● One arm d. one hand;
● One foot e. one foot;
● One leg f. one leg;
● One ear g. one or both ears;
● Both ears h. hearing of one or both ears;
i. sight of one eye;
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● Hearing of one ear j. such other cases as may be determined and approved by the GSIS
● Hearing of both ears
● Sight of one eye Computation of Benefit:
○ (2) S/he paid at least 36 monthly contributions prior to the semester of 1. PTD
disability - Lifetime monthly income benefits starting from date of disability; this is equivalent to
● Value the basic monthly pension (BMP)
○ If the member has a permanent total disability, but has not paid 36 2. PPD
monthly contributions, he shall be entitled to a lump sum benefit - Period of entitlement to be determined after medical evaluation; maximum of 12
equivalent to monthly pension times the number of monthly months
contributions paid to the SSS or 12 times the monthly pension, - Only leave of absence/s without pay (must be duly certified by the authorized officer
whichever is higher. of the agency where he is employed)
- BMP divided by 30 days times the number of compensable calendar days of leave of
○ If the disability is permanent partial, and disability occurs before the 36
absence without pay (LWOP)
monthly contributions have been paid, the benefit shall be such
percentage of the lump sum benefit
○ If the disability is permanent partial and such disability occurs after 36
monthly contributions have been paid, the benefit shall be the monthly
pension for permanent total disability payable not longer than the
period designated in Sec. 13-A(f)
● Recipient
○ General rule: Member with disability
○ Exceptions:
■ If the member passes away, it will be the primary beneficiaries as
of the date of disability
■ If there are no primary beneficiaries, it will be the secondary
beneficiaries
● When suspended
○ Upon the reemployment or resumption of self-employment or the
recovery of the disabled member from his permanent total disability; or
○ His failure to present himself for examination at least once a year upon
notice by the SSS.
● When ceased
○ Should a member who is on partial disability pension retire or die, his
disability pension shall cease upon his retirement or death.
Funeral Benefit ● Amount to be paid: P12,000.00 ● Purpose: To cover burial and funeral expenses of the member
● Type: in cash or in kind ● Order of priority:
● Purpose: to help defray the cost of funeral expenses upon the death of a member, 1. Legitimate spouse,
including permanently totally disabled member or retiree. (Sec. 13-B) 2. Legitimate child who spent for the funeral services, or
3. Any other person who can show incontrovertible proof that he shouldered the
funeral expenses of the deceased
● Amount:
1. The prevailing amount approved by the Board of Trustees at the time of death of the
member or pensioner
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Sickness benefit ● Requirements: (No specific grant for sickness, only for disabilities)
○ SSS member
○ Paid at least 3 monthly contributions in the 12-month period immediately
preceding the semester of sickness or injury
○ Confined for more than 3 days in a hospital or elsewhere with the approval
of the SSS
● Value – Daily sickness benefit is 90% of average daily salary credit
● Conditions
○ No payment longer than 120 days in one (1) calendar year
○ No carry over of unused portion of the 120 days of sickness benefit to the
total number of compensable days allowable in the next year;
○ Cannot be paid for more than 240 days on account of the same
confinement
○ Employee member shall notify his employer of the fact of his sickness or
injury within 5 calendar days after the start of his confinement
■ XPN: unless such confinement is in a hospital or the employee
became sick or was injured while working or within the premises
of the employer in which case, notification to the employer is not
necessary
● When it begins
○ Compensable confinement shall begin on the first day of sickness
○ Allowance shall begin only after all sick leaves of absence with full pay to
the credit of the employee member shall have been exhausted
Maternity benefit (RA 11210) ● Who: All female members, regardless of civil status or the legitimacy of her child * There is no provision under RA8291 for maternity leave benefits of members, however under
● What: Paid at least 3 monthly contributions in the 12-month period immediately RA 11210, female workers in the public sector has the ff benefits:
preceding the semester of her childbirth or miscarriage
● Effect: She shall be granted one hundred five (105) days maternity leave with full ● Who: Any pregnant female worker in the government service in NGAs, GOCCs, LGUs, or
pay and an option to extend for an additional thirty (30) days without pay. SUCs
○ 60 days for cases of miscarriage or emergency termination of pregnancy. ● Effect: She shall be granted one hundred five (105) days maternity leave with full pay and an
option to extend for an additional thirty (30) days without pay.
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○ Additional 15 days (total 120 days) if qualified Solo Parent under the Solo ○ 60 days for cases of miscarriage or emergency termination of pregnancy.
Parents Welfare Act ○ Additional 15 days (total 120 days) if qualified Solo Parent under the Solo Parents
○ The member may allocate up to seven (7) days of said benefits to the Welfare Act
child’s father, whether or not the same is married to the female worker.
This benefit is over and above the 7 days granted under the Paternity Note:
Leave Act. ● “Full pay” in the public sector, on the other hand, includes the basic salary and allowances
Conditions: as may be provided under existing guidelines (Section 1 Rule II of IRR of RA 11210)
a) Employee notified the employer of her pregnancy and the probable date of her ● There is no provision for the advanced full payment of benefits for female workers in the
childbirth. Notice shall be transmitted to SSS. public sector.
b) Full payment shall be advanced by the employer within 30 days from the filing of
the maternity leave application;
c) That payment of daily maternity benefits shall be a bar to the recovery of sickness
benefits for the same period for which daily maternity benefits have been received;
d) SSS shall immediately reimburse 100%* of the amount of maternity benefits
advanced to the employee by the employer upon receipt of satisfactory proof of
such payment and legality thereof;
Note:
● “Full pay” refers to actual remuneration or earnings paid by an employer to a
worker for services rendered on normal working days and hours (Section 1 Rule II
of IRR of RA 11210)
● *SSS reimburses only 100% of ASDC
● If there is a difference between the full pay and the SSS benefits, this is called
“salary differential.” Employers from the private sector shall be responsible for
payment of the salary differential.
Unemployment insurance or ● Who: Member who is not over 60 years of age Sec. 22 IRR
involuntary separation ● What: Paid at least 36 months contributions, 12 months of which should be in the Requirements for entitlement:
18-month period immediately preceding the involuntary unemployment or 1. Member was a permanent employee at time of separation;
separation 2. Separation was involuntary due to the abolition of his/her office or position resulting from
● Effect: Receive benefits in the form of monthly cash payments equivalent to 50% reorganization; and
of the average monthly salary credit for a maximum of 2 months: 3. Member has been paying the required premium contributions for at least 1 year but less than
15 years prior to separation
Limitation:
1. Employee who is involuntarily unemployed → can only claim unemployment Amount: 50% of the AMC
benefits once every three (3) years
2. In case of concurrence of two or more compensable contingencies, only the Payment schedule:
highest benefit shall be paid, subject to the rules and regulations that the
Commission may prescribe. (Sec. 14-B) Contributions Made Benefit Duration
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Notes:
- Those entitled to more than 2 months of Unemployment Benefits shall initially receive 2
monthly payments
- 7-day waiting period on succeeding monthly payments to determine whether the separated
member has found gainful employment either in the public or private sector
If re-employed
- all accumulated unemployment benefit paid to the employee during his/her entire
membership with the GSIS shall be deducted without interest from the separation or
retirement benefits, to which the member may be entitled to upon his voluntary resignation,
separation or retirement
Penal provisions of the SSS Law Sec. 28. Penal Clause Sec. 57 IRR
Who may file a criminal action?
Punishable offenses: - Any aggrieved member may file criminal actions arising from violations of RA 8291 and IRR,
1. Making or causing to make false statement or representation as to any either under the provisions of RA 8291 itself or under the RPC
compensation paid or received (punished by RPC Art. 172)
2. Making or causing to make false statement of a material fact in any claim for any Sec. 58 IRR
benefit, in any application for loan, or in any affidavit or document in connection - Any person found to have participated, directly or indirectly, in the commission of fraud,
with such claim or loan (punished by RPC Art. 172) collusion, falsification, or misrepresentation in any transaction with the GSIS whether for him
3. Obtaining or receiving any money or check or any agreement, without being entitled or for some other persons, shall suffer the penalties provided for in Article 172 RPC
thereto with intent to defraud any member, employer or the SSS (PHP
5,000–20,000; AND 6 years and 1 day to 12 years imprisonment) Sec. 59
4. Buying, selling, offering for sale, using, transferring, taking, exchanging, pledging Other Penalties
any stamp, coupon, ticket, book or other device, prescribed pursuant to Sec. 23 for - Fine of P5,000.00 to P20,000.00 or imprisonment of not less than 6 years and 1 day to 12
the collection or payment of contributions (PHP 5,000–20,000; AND 6 years and 1 years, or both, at the discretion of the court
day to 12 years imprisonment) - For those who shall obtain or receive any money or check invoking any provision of RA 8291
5. Failure or refusal to comply with the SSA of 2018 or the SSC’s rules (PHP or any agreement there under, without being entitled thereto with the intent to defraud any
5,000–20,000; AND 6 years and 1 day to 12 years imprisonment) member, any government agency, the GSIS, or any third party
6. Failure or refusal to register employees or himself, in case of the covered
self-employed or to deduct contributions from the employees’ compensation and
remit the same to the SSS (PHP 5,000–20,000; AND 6 years and 1 day to 12 years
imprisonment)
7. Misappropriation of SSS funds or property by any SSS employee (punished by RPC
Art. 217)
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Presumption:
● Any employer who, after deducting the monthly contributions or loan amortizations
from his employee’s compensation, fails to remit the said deduction to the SSS
within 30 days from the date they became due, shall be presumed to have
misappropriated such contributions or loan amortizations and shall suffer the
penalties provided in RPC Art. 315.
ECC Benefits
Employer Employee
Coverage All employers in the private and public sector All employees not over 60 in the private and public sector
If over, 60, EE can still be covered if (i) he had been paying contributions prior to age 60 and (ii) has not been
compulsorily retired
Registration Every employer already registered with the SSS is automatically registered in EC.
Every employer shall register with the System by accomplishing the prescribed forms.
Otherwise, it is the employer who shall register for the employee.
Contributions Contributions shall be paid in their entirety by the employer Any deductions for contributions on the wages or salary of the employees shall be null and void.
Disability
Medical Services, Rehabilitation Death Funeral
Appliances and Supplies Temporary Total Partial and Permanent Total and Permanent
(<120 Days) [Art 193] [Art 192]
Limitations No compensation shall be allowed to the employee or his dependents when the injury, sickness, disability or death was occasioned by any of the following:
(1) his intoxication;
(2) his willful intention to injure or kill himself or another; or
(3) his notorious negligence.
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Grounds for Injury and the resulting disability or death must be the result of an accident arising out of and in the course of the employment.
compensability
Benefit Medical services, appliances Medical, surgical or hospital Daily income benefit Monthly income Monthly income An amount equivalent to Php 3,000.00
and supplies as the nature treatment, equivalent to 90% of ASDC benefit, plus dependent's benefit, plus dependent's the monthly income
of his disability and the including appliances if they pension pension benefit, plus the
progress of his recovery may have been handicapped by dependent's pension, or
require, subject to the the injury, 15,000 pesos whichever is
expense limitation to help them become higher.
prescribed physically independent
by the Commission. If EE was under GSIS,
benefit cannot exceed the
monthly wage or salary
actually
received by him at the time
of his death;
Termination of End of disability or 120 Periods designated in Article ⬩ 5 years, or 5 years for primary
Benefit Days 193 ⬩ EE is gainfully employed, beneficiaries
or
⬩ EE recovers from his 60 months if there are no
permanent total disability, primary beneficiaries, but
or there are secondary
⬩ EE fails to present himself beneficiaries
for examination at least
once a year upon notice by
the System