Salient Feature of SSS Law (For Recitation tomorrow with Atty Acosta) This might help you guys!

Social Security Act of 1997 (RA 8282) Who are covered: 1. EMPLOYER any person, natural or judicial, domestic or foreign who carries on in the Philippines any trade, business, industry undertaking or activity of any kind and uses the services of another person who is under his orders as regards employment 8(c) *EXEMPT EMPLOYER: government and any of its political subdivisions, branches and instrumentality, including GOCCs, i.e., those under GSIS 2. EMPLOYEE any person who performs services for an employer who receives compensation for such services, where there is an employer-employee relationship 3. SELF-EMPLOYED considered both employer and employee DEPENDENTS 1. Legal spouse entitled for support; 2. Child, whether legitimate, legitimated, legally adopted or illegitimate; 3. Parents dependent for support CONDITIONS FOR CHILD TO BE CONSIDERED DEPENDENT 1. Unmarried; 2. Not gainfully employed; 3. Has not reached 21 years of age; OR 3. Not over age of majority; OR 4. Incapable of supporting himself either physically or mentally prior to 21 years of age or age of majority, as the case may be BENEFICIARIES 1. PRIMARY a. Dependent Spouse until remarriage AND b. Dependent Legitimate or Legitimated or Legally Adopted and Illegitimate ChildreN 2. SECONDARY a. Dependent Parents b. Absent primary and secondary beneficiaries, any other person designated by member as secondary beneficiary 3. OTHERS As to DEATH BENEFITS, if no beneficiary qualifies under the Act, benefits shall be paid to Legal Heirs in accordance with Law of Succession BENEFITS 1. Monthly Pension 2. Dependents Pension 3. Retirement 4. Death 5. Permanent Disability 6. Funeral 7. Sickness 8. Maternity (ONLY 1ST FOUR DELIVERIES OR MISCARRIAGES) 9. Loan Grant COVERAGE 1. COMPULSORY a. All employees not over sixty (60) years of age and their employers; compulsory coverage of the employer shall take effect on the first day of his operation and that of the employee on the day of his employment b. Self-employed persons as may be determined by the Commission under such rules and regulations as it may prescribe, including, but limited to: all self-employed professionals; partners and single-proprietors of business; actors and actresses, directors, scriptwriters and news correspondents not employees; professional athletes, coaches, trainers and jockeys, and individual farmers and fishermen; upon their registration with the SSS c. Domestic helpers sixty years of age and below with a monthly income of not less than P1,000 on the date of their employment d. Individual farmers and fishermen under SSS rules and regulations

B. VOLUNTARY a. Filipinos recruited by foreign-based employers for employment abroad b. Employee separated from employment to maintain his right to full benefits c. Self-employed who realizes no income for a certain month d. Spouses who devote full time to managing household and family affairs unless specifically mandatorily covered *By Arrangement: Any foreign government, international organization or wholly owned instrumentality employing workers in the Philippines or employing Filipinos outside the Philippines may enter agreement with Philippines for inclusion of such employees in SSS EXCEPT those already covered by their respective civil service retirement System EXCEPTIONS FROM COVERAGE 1. Employment purely casual and not for purpose occupation, or business employer 2. Service performed on or in connection with alien vessel, if employed when such vessel is outside of Philippines 3. Employees of Philippine government or instrumentality or agency thereof 4. Service performed in the employ of a foreign government, or international organizations, or wholly owned instrumentality employing workers in the Philippines or employing Filipinos outside of the Philippines 5. Services performed by temporary employees and other employees excluded by SSS regulation; employees of bona fide independent contractors shall not be deemed employees of the employer engaging the services of an independent contractor COMPENSATION All actual renumeration for employment, including the mandated cost-of-living allowance, as well as the cash value of any renumeration paid in any medium other than cash except that part of the renumeration in excess of the maximum salary credit BASIS OF CLAIM Non-work connected disability, sickness, maternity, death and old age and other contingencies resulting in loss of income or financial burden (sec. 2) EFFECTS OF SEPARATION FROM EMPLOYMENT 1. Employers contribution on his account ceases 2. Employees obligation to contribute also ceases at the end of the month of separation 3. Employee shall be credited with all contributions paid on his behalf and entitled to benefits according to the provisions of this Act REPORTING REQUIREMENTS A. Employer: Report immediately to SSS the names, ages, civil status, occupations, salaries and dependents of all his covered employees B. Self-employed: Report to SSS within 30 days from the first day of his operation, his name, age, civil status, occupation, average monthly net income and his dependents FUNDING 1. Employers contributions 2. Employees/members contributions EXEMPTION FROM TAX/LEGAL PROCESS/LIEN Property, assets, and revenues of SSS and GSIS are all exempt from taxes, and all benefits paid by SSS or GSIS shall likewise be exempt from taxes, assessments, fees, charges, and duties of all kind DISPUTE SETTLEMENT Dispute arising from: 1. Coverage 2. Benefits 3. Contributions 4. Penalties 5. Any matters related thereto Jurisdiction: Social Security Commission When decision made: Mandatory period of 20 days from submission of evidence

Appeal: CA questions of law and facts SC questions of law only PRESCRIPTIVE PERIOD 10 years from accrual of right of action