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SOCLEG TRANSCRIPTION FOR 2ND EXAM

SSS LAW

1ST MEETING
SSS Law
Now, the most common questions in the
BAR EXAMINATION for the SSS are the
coverage, effectivity, effects of noncontribution, effects of separation, the
so-called PARTIAL PORTABILITY of
the SSS and vice versa of the GSIS as
the ____. You know, the critics of SSS say
what is wrong with the system is it is
supposed to be for the employees but the
recording system is based on the
employer. Mangita usa ka sa imong
employer -- EMPLOYER CENTERED.
There are now moves to make it an
EMPLOYEE
CENTERED
RECORDING SYSTEM. One who has
tried it as EMPLOYEE CENTERED is
Chile. In Chile, the SSS system is
EMPLOYEE CENTERED.
Employers, under Sec. 9 of the SSS law of
employees not over 60yrs of age are
compulsory covered by the SSS. As to
employees, coverage to the SSS shall be
compulsory upon all employees not over
60yrs of age.
How about SELF-EMPLOYED? Before,
is was VOLUNTARY COVERAGE.
Now, it is COMPULSORY for all selfemployed persons, earning P1800 or
more, per annum. KASAMBAHAY, if
you are already earning P1k a month.
Effective date of coverage for
employees: Compulsory coverage for
employees shall take effect on the day of
his employment.
Sec. 10: Effective date of coverage for the
employer takes effect on the first day of
his operation. OPERATION means not in
the engineering sense like machines that

are working, as long as you are already


OPEN SHOP, you are already in
operation. If you have hired people, you
are in operation. So thats the meaning of
operation.
Effective date of coverage for the SELFEMPLOYED:Compulsory coverage of
self-employed referred to in Sec. 9-A, par.
1-5 shall take effect upon his registration
with the SSS.
What is the effect of separation from
employment?
1.) The separation of an employee under
compulsory coverage, his employers
contribution on his account and his
obligation to pay contribution arising from
that employment shall cease at the end of
the month of separation.
2.) ___ employee shall be credited with all
the contributions paid on his behalf and
entitled to the benefits according to the
provisions of the SSS. -- Which means,
maternity. What is required for you to
avail of the maternity benefits? How many
contributions? 3 contributions in the
immediately preceding semester. Unya,
kung naputol na imong trabaho pero
nakahatag na ka ug 3 months contribution,
you are still entitled to maternity benefis
because you have made the minimum
required contributions.
3.)The employee may however continue
to pay to claim his rights to full benefits -VOLUNTARY CONTINUATION OF
MEMBERSHIP BY CONTINUING
THE ENTIRE CONTRIBUTION. E.g.
Separated ka from the service, you can
choose to continue to contribute, not only
your counterpart, but the employers
counterpart and you continue in the full

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

membership in the SSS.


LIMITED PORTABILITY - if you
move from SSS, e.g. you are in the private
sector abugado ka na nagprivate practice,
pagkahuman mitrabaho ka sa gobyerno,
unsa man imong trabaho? DAR
adjudication officer. So, you are now
GSIS. Naputol ang SSS, GSIS na.
Nagsugod pa man lng ka sa GSIS. And
then all of a sudden, you need maternity
benefits. Pagbalhin nimo sa gobyerno 7
months pa lng ka. Technically speaking,
wa pa may 3 months in a semester na
contribution sa GSIS. You will not qualify
under the GSIS law. What happens? The
law says that for purposes of maternity
benefits, and this alone, your
contributions in the SSS will be carried
over so that you will qualify for
maternity benefits under the GSIS.
LIMITED PORTABILITY according to
the Chile SSS system, if it is employee
centered, it goes wherever you are. Dli
employer ang magbuot ana. Wherever you
are, you are fully covered because the
system is EMPLOYEE CENTERED.
What is the effect of INTERRUPTION
OF BUSINESS or PROFESSIONAL
INCOME?
PROFESSIONAL
INCOME, this is for the SELFEMPLOYED. If the self-employed
realizes no income in any given month, he
shall not be required to pay
contributions for that month. He may
however be allowed to continue paying
contributions under the same rules and
regulations applicable to a separated
employee member. -- So you can
continue, in which case you will receive
the full benefits of the SSS. If you cannot
continue, then you are entitled to the
benefits up to and including your last
contribution. If you transfer to the GSIS,
LIMITED PORTABILITY as to a

particular benefit that you are applying.


Is there such a thing as VOLUNTARY
COVERAGE?
1.) Voluntary coverage refers to Filipinos
recruited in the Philippines by foreignbased employers for employment
abroad. They may be covered by the SSS
on a voluntary basis. -- this is what many
OFWs do. They continue their
contributions with the SSS for pension
purposes bcoz once you finish a certain
number of years, then you would be
entitled to a pension.
2.) Also spouses who devote full time to
managing the household and family
affairs may be covered by the SSS on a
voluntary basis. -- this is new. Spouses
of members of the SSS who are not really
working bcoz they are managing the
household and family affairs. They may
be covered by the SSS. They will have to
take the requisite contributions.
Remember now that the test as to whether
or not an employee is covered is the same
test as the Labor Code test -- CONTROL
TEST.
Then and again the SC has reiterated this
principle. The 4 requisites for the
existence
of
an
EMPLOYEREMPLOYEE
RELATIONSHIP,
the
cardinal test to which is the CONTROL
TEST.
1.) Selection and hiring
2.)Payment of wages
3.) Power to dismiss
4.) Power of control - as to the means and
methods used to achieve these goals
NOTE: You do not need to register in the
SSS a casual employee. But when the
CONTROL TEST comes in, that is when

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

you need to register your employee with


the SSS. You know this will be your first
case in Labor. Mao jud ni ang manggawas.
Why? Because:
Sales forces which used to be a ___ in all
business establishments no longer exists -kanang mamaligyaay nga mga sales
people, kadaghanan ana contracted out na
na. Lain2x lng na sila ug mga ngalan,
tawgon na sila ug sales force, naay uban
gawgon sila ug model (kanang mamaliga
ug promo). Lain2x lng na sila ug mga
pangalan pero they are contracted out. The
question is, are they the employees of the
person who call their employer to make
use of their service? And the determining
factor is CONTROL. Naa ganiy control,
report sa SSS. Wa ganiy control, di
kinahanglan ireport sa SSS. How is
control manifested? Ex: Those who sell
Tide.
1.) When they dont sell any other thing
except Tide. -- Tide lng jud ilang
ginabaligya. Q: Can they determine the
price? The price is stated in the SRP. -DICTATED RETAIL PRICE. Suwayi kng
lahi na presyo ang imung ibutang nga lahi
didto sa gisulti ngadtos taas, unsa mana
imuha na? Di na mahimo.
2.) Di sila makabuot ug asa sila na lugar
makaad2. -- if you were independent, you
can decide wherever you want to go. But
bcoz you are under control, then you can
only go to these particular places. These
are the indices of control.
Now, even if they are under the control of
the maker of the goods that they are
selling, many employees of the placement
agencies now are reported to the SSS by
the agency bcoz you will not get good
people if the agency does not report you to
the SSS.

Now question, is the fact that the agency


reports you to the SSS as their employee,
does that indicate of the possibility of
your being an employee of the indirect
employers? NOT NECESSARILY. Bcoz,
the moment that you are made to do
something else not included in the
contract, you right away cross over, you
are now following orders from the
indirect employer, you gave ceased to be
a placement employee or contractual
employee, and you are now the
employee of the owner of the goods that
you are selling. So make sure, there are
many
decided
cases
that
are
determinants of the existence of an
employer-employee relationship.
What are the kinds of employment that are
exempted from the compulsory coverage
of the SSS law? Under Sectin 8J of the
SSS law as ammanded, the following
employments
are
exempted
from
coverage:
1.) Agricultural labor when performed by
a share or leasehold tenant or worker who
is not paid on a regular daily wage and
does not work for any other in an
uninterrupted period of 6 months in a year.
E.g. Wet rice paddies - kanang mga
tigharvest ug mga humay--pagturtle sa
mga humay; pagsudlay sa humay; HS
students gatrabaho sa humayan; tigharvest
sa humay (pakyaw basis). -- kini sila, di ni
sila angay ireport sa SSS bcoz they are
considered as contrctual in nature.
Mangutana ka, kapila naman na cya
magturtle nganha, muingon ka ug 20
anyos mao ra gihapin na iyang trabaho na
cgeg gaturtle dha, syaro wa maregular. Dli
gihapkn na sila maregular bcoz the system
says so. So agricultural wise, you need not
be reported even if you have been til,ing

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

that same for a long period, as long as you


are within the system.

regular hours.

2ND MEETING

B.) An agent can sell other goods or


machineries other than that of Singer.
There is exclusivity if you are an
employee of Singer. If you are a sales
agent, you are tied exclusively to Singer
and you can only sell Singer sewing
machines.

For example, you are voluntarily covered


by the SSS and you are a crew member of
a foreign based employer, and in your
contract there is also coverage of SSS in
the country that your are _____. So
question, can you collect from both? That
is the issue. If let us say that you have met
sickness that is not work related. And the
answer is, it all depends on your
contract.
And
normally,
under
Philippine law, it will be the system of
coverage that offers the seaman the
better benefits. That is normally the
rule that is followed.

C.) You are not paid a regular basic


wage. If you are an agent, you subsist
entirely on commission, so that your
earnings is commensurte to your industry.
If you are an employee, since you are
exclusively devoted to Singer, you can
always sell Singer plus you are given a
basic wage or let us say the very least,
transportation allowance to enable you to
go to those places, and those places alone,
that your employer wants you to go. The
employer will make you write reports
from visits which you have made. These
are indices that you are not a sales agent
but a sales personnel of the employer.

Now, you of course know that the power


of control test is applicable with respect to
the determination of who are the kinds of
employees that are covered, that the
employer must cover. In other words, if
you are a casual employee, you cannot
oblige the employer to cover you.

Now it is the control test that is


determinative
of
compulsory
compensation in the SSS. And once
again, the boundary rule is repeated.

TO BE CONTINUED
MEETING...

FOR

NXT

You are a sales agent instead of a sales


personnel of the employer.

Cases: 5J Taxi Case, NLU v. Dinglasan,


NLU v. Judge Macapanton Abbas (old
case)

ELEMENTS OF CONTROL:

NLU v. Judge Abbas case: SC held that


drivers that are under the boundary
system are considered to be employees.
And the operators that are licensed in
the LTFRB to engage in public
transportation, these operators are their
employers, thus they must be enrolled
in the SSS.

A.) An agent is not obliged to report for

You know the taxis now are very happy

What are the indices that you are a sales


agent and that you are not a sales
personnel of let us say, Singer Sewing
Machines (Check: Singer v. SSS {Dec. 16,
1969}).

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

bcoz of the extended Christmas. Kay wa


man minaug ang taripa unya wa man
patas-i ang abang, unya mubo man ang
gasolina. So in short, doble ilang kita.
Now, does that mean na double sad
ilahang contribution? No. The same
contribution to the SSS. The employer
as his counterpart, the operator, and
then the driver under the boundary
system also has his share.
So, under Section 3J of the SSS Law,
there are the following kinds of
employment which are exempted from the
compulsory coverage under the SSS Law.
OCCUPATIONS EXEMPTED FROM
THE COMPULSORY COVERAGE OF
THE SSS:
1.) Agricultural labor then performed by a
sharecrop tenant or leasehold tenant or
worker who is not paid a regular daily
wage of his pay and who does not work
for an uninterrupted period.
a) E.g. Kana bang pakyaw2x ba.
Pakyaw2x dili covered. Why?
Bcoz many of those agricultural
labor, they have no formal
employers.
-Ricefield workers examples ->
turtle of ricefields. Just bcoz for
10 yrs, you have the same
turtuler, does not make him your
employee that you have to report
him to the SSS. Bcoz he is
exempted under Section 8J of the
SSS Law.
-HS students work in the
ricefields -> Kanang mga
estudyante na nagbalik2x hangtod
mangahuman na lng na sila sa HS
lain nasad ang mupuli ila nasad

na mga manghod, kinahanglan ba


na sila ienroll sa SSS? Dli. Mao
na sila ang exception. Section 8J.
Bcoz they are not paid on a
regular daily wage or base pay.
They do not do uninterrupted
labor for at least 6 months in a
year.
2.) Domestic service in a private ____ REPEALED!
Bcoz
of
the
KASAMBAHAY LAW.
a.) Meaning P1K+ na gani na ang
sweldo sa inyong maid apil sa cya sa
coverage sa SSS. -> wa nay mukuha
ug mubo pa lng sa P1K.
-Now: Compulsory coverage na ang
kasambahay sa SSS.
3.) When purely casual and not for the
purpose of the occupation of or business
of the employer.
a.) E.g. Sumpay saimong balay
magpabuhat ka ug kwarto. Naa na cyay
CR. Maghire ka ug carpenter, mason,
plumber ug electrician.
-Kadaghan ba anang ienroll nimo sa SSS
kng tinuod pa nang you have an
obligation. They are excluded bcoz they
are not doing something essential to or
in line with the occupation or business
of the employer. In fact, the employer
has no business or occupation. Its a
regular household. Nagpabuhat cya ug
balay ana. So they are purely casual an
you need not report them to the SSS.
4.) Service employed by the individual in
the employ of a son, daughter, spouse and
service performed by a child under the age
of 21 under the employ of his parent.
a) Unsa may occupation sa iyang
ginikanan? Sprayer. Mang-ispray

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

ug mangga. Now, kinsa man ang


iyang #1 sprayer? Iyang anak.
Ngano na #1 mna? Kay amahan
cge mag tudlo sa anak. Naa cya
kuyog sa iyang amahan. Ireport
na nimo sa SSS? Tagaan na nimo
ug SSS registration?
-Kng tinuod ka na amahan na
galantaw sa kaugmaon sa imong
anak, ienroll na nimo cya sa SSS.
Pero kng gasunod ka sa balaod,
exempt na cya. Wa kay
obligasyon sa ireport cya sa
SSS. Unsa man ka, tinuod na
amahan or employer?
NOTE: If you are the parent, you
are not obliged. But if you really
think of the welfare of your child,
ienroll na nimo cya bisag dli ka
obliged.
5.) Service performed on or in connection
with an alien vessel by an employee if he
is employed when such vessel is outside
the Philippines -> that is VOLUNTARY
ENROLLMENT
6.) Service performed in the employ of the
Philippine govt or instrumentality or
agency thereof.
a) Employed ka, while in the
employ of the Philippine govt or
the instrumentality or agency
thereof.
-E.g. Unsa man imung tinuod na
trabaho? Nurse. Aha man ka
nagtrabaho ug nurse? DavaoDoc.
Unsa man imung specialty? ICU
nurse. Unya, reserved man sad ka sa
military. Serve sa ka sa military for 6
mos. kay ang nagtawag nimo kay ang

inhang lungsod. Now when you are


serving, do you still pay SSS?
Remember, when you serve the
military, you are considered as an
official of the military. Your lowest
rank would be that of a lieutenant.
Are you obliged to pay SSS? No,
you are not. Maayo na padayunon
na nimoug bayad ug wa pa ka mavested ug kuwang pa imung
subtotal
obligations.
Padayon,
VOLUNTARY BASIS. Natural na
under any obligation.
7.) Services performed in the employ of
foreign
govts
or
international
organizations or any instrumentalities
therein.
a) E.g. Naa ka nagtrabaho sa
Indonesian embassy. Wa ka
ireport sa SSS. Pwede ba na? Yes!
Wa kay labot sa SSS. The
Indonesian embassy is not
under any obligation to enroll
you in the SSS bcoz thats one
of the exceptions provided for.
8.) Such other services performed by
temporary employees which may be
excluded
by
regulation
of
the
Commission. Employees of bonafide
independent contractors shall not be
deemed employees of the employer
engaging
the
services
of
said
contractors. Independent contractors
shall not be deemed employees of the
employer engaging the services of said
employees.
a) E.g. Davao Light - the board has
decided that they are going to
adapt a computerized system
based on this database. So they
engage the services of this
contractor to install the database

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

and the application program.


They come over. They are not
subject to the hours of work of
the ordinary employee, but they
are always there. Sometimes they
sleep there. They are no longer
working for any other but this
employer who has signed a
contract with them. Is this
independent employer obliged to
report them to the SSS? No. It is
the contractor who has the
obligation to report them for the
coverage to the SSS.

Now,
the
so-called
CASUAL
EMPLOYEES are not subject to the
compulsory coverage to the SSS. An
employment is still casual if it is not
necessary or useful for the purpose of
the occupation or business of the
employer.
PRESCRIPTIVE PERIODS FOR THE
REMITTANCES
OF
THE
CONTRIBUTION/PENALTIES FOR
VIOLATION:
1.) Whoever fails or refuses to comply
with the provisions of the SSS law or with
the rules and regulations promulgated by
the commission shall be punished:
-By a fine of not less than P500 or more
than P5000, or imprisonment for not less
than 6 months or more than 1 yr or both at
the discretion of the court.
2.) Where the violation consists in failure
of refusal to register the employees or
himself, in case of covered self-employed,
or to deduct contributions in the
employees compensation and remit the
same to the SSS, the penalty shall be a

fine of not less than P500 or more than


P5000, and imprisonment for not less than
6 mos. nor more than 1 yr.
TAKE NOTE: Under SC decided cases,
SC has said that you can be penalized for
a fine of not less than P500 or more than
P1000 or imprisonment for not less than 6
mos or more than 1 yr plus you may be
charged with ESTAFA.
If you are the employer, cge ka ug
deduct, cge ka ug deduct, unya wa nimo
iremit, you can be charged together
with the violation of the SSS law (Sec.
2018) plus ESTAFA (RPC).
Before, the prosecutors office used to get
the prior permission of the SSS manager
before they could file this case. The SC
now says, the prosecutor can now file this,
even without prior permission from the
SSS.
However, many of these cases did not
proceed. Why? The moment this accused
employer settles with the SSS (Eg. Ah,
bayran na lng nako tanan. Unya
muhangyo pajud na sila na ayaw na lng
iapil ang mga surcharge and mga interest
ug mga penalties). Unya usahay muingon
ang SSS O cge. So the SSS loses
interest. Set for hearing, unya muingon
and court, Where is the SSS? kay sila
man ang naay records. SSS, what is
this? Unya mu-move ang prosecutor sa
pagreset sa hearing. Then ireset sa court
ang hearing. Ika-duha na ireset. Unsa gani
ang rights sa accused? MOTION TO
DISMISS on the ground of SPEEDY
TRIAL. Wa na. Mawagtang na na since
the SSS has already lose interest in the
case. Gamay ra man gud na sila ug
personnel. Lain nasad na ilang gukdon ug

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

pangitaon aron idugang ang contribution


sa SSS.
PRESCRIPTIVE
PERIOD
OF
CRIMINAL OFFENSES UNDER THE
SSS:
Since the SSS is a special law, it could be
argued that the penal provisions are to be
governed by Act # 3336 (An Act that
Establishes the Prescriptive Period for
Penal Provisions of Special Laws and
Shall
also
Provide
When
the
Prescription Shall Begin to Count).
What is that? Violations penalized by
special law shall, unless otherwise
provided, prescribe in accordance with the
ff. rules:
1.) After 1 yr for offenses punished by a
fine or by imprisonment for not more
than 1 month.
2.) After 4 yrs for those punished by
imprisonment for more than 1 month but
less than 3 yrs.
3.) After 8 yrs for those punished by
imprisonment for 3 yrs or more but less
than 6 yrs.
4.) After 12 yrs for any other offense
punished by imprisonment for 6 yrs or
more except the ____ which shall
prescribe in 20 yrs.
3rd MEETING
The SSS is a pay-as-you-go system -->
thats the system of the Social Security.
Thats the main.
The opposite of that is pay-first-beforeyou-go. When you reach your retirement
age, you are paid. But it is the system that
absorbs the payment. The present
members pay for the ones who retire now.
Tomorrows members will in turn be paid
by those who will be contributing to the

system. So the system right from the start,


bcoz there are those who began retiring
right from the beginning of the system, is
already paid by those contributing at
that time. So, what does that mean? It
means that the system begins with a
DEBT. And just to stay in place, it must
run. Sugod ug utang ba. Kay sige naman
ug bayad bisag wa pa makapundo para
ibayad. PAY-AS-YOU-GO man. When
you have to go, you are paid. Nagsugod na
ang system with an utang.
Situation: Contribute for retirement
benefit. After retirement, get a lumpsum
retirement benefit (e.g. 7M php).
Question: Is that a pay-as-you-go system?
NO! You pay first b4 you retire. You
finance your own retirement. That is not
a pay-as-you-go system. SSS is not like
that. There are already those who retired
even if they did not contribute because its
granted. It is aid precisely for low income
wage earners. Thats why it is called a
SAFETY NET.
All wage earners are walking on a tight
wire. Why? Trabaho ka, kayod ka, naa kay
sweldo, buhi ka. Wa ka nay sweldo, di ka
na mabuhi, mahulog ka na, kinsa may
musalo nimo? SSS. Mabuti na lng, may
SSS (dba noh, commercial). Thats it.
Thats why, it is also called a SAFETY
NET. It is assumed that you pay for your
own ____. Kinahanglan man ka mukaon.
Kinsa man ang mangita anang imong
pagkaon? Ikaw. Naa man kay pamilya na
buhion, kinsa may maningkamot niana?
Ikaw. Daw beh kung ikaw di na
makahimo niana, hulog ka. The SAFETY
NET is SSS. Katong mga nahulog, saluon sa safety net. So its a safety net.
Now, what Im saying is that, that is not

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

enough. If you rely on the SSS, you might


be putting more reliance on something
that cannot respond in full to your needs
with the contingencies. So you must really
try to provide for your own retirement -->
an alternative. Something else that you
set aside. Because we presume, SSS will
not be enough.
Story: Husband and wife worked in the
USA went back here in the Phils. to retire.
They feel that their retirement benefit in
the USA is not enough thats why they
went back here. --> thats good because
their retirement has a comparative benefit
here. Kita muadto ug SSS asa man ta muretire? Asa man ta mudagan?
NOTE:
Types of benefits granted by the SSS:
1.) Sickness
2.) Maternity
3.) Disability
4.) Retirement
5.) Death
6.) Funeral

SPECIFIC BENEFITS PROVIDED BY


THE SSS:
1.) Retirement benefit- cash benefit,
either in MONTHLY PENSION or
LUMPSUM paid by a member who can
no longer work due to old age.
Who qualifies for retirement benefit?
Member who is 60yrs old,
separated from employment or
ceased to be self-employed and
has paid at least 120 monthly
contributions prior to the
semester of retirement.
120 monthly contributions = 10 yrs.

10 yrs ka ga-contribute, broken or


continuous.
120 months, you qualify for retirement
benefits.
Member who is 65 yrs old
whether employed or not and has
paid at least 120 monthly
contributions prior to the
semester of the retirement.
-Bcoz the maximum retirement
age under the Labor Code is 65
for ordinary workers.
-If the company does not have a
peg retirement age, then at 60,
you can already retire under the
SSS. Bcoz retirement benefits
under the LC is 1/2 month for
every year of service -- that is the
retirement benefit. And for
somebody who has worked for at
least 5 yrs and must reach the
retirement age of the company
policy, which in no case shall be
more than 65 yrs of age. So thats
the
maximum
age.
Your
retirement benefits under the LC
vests in 5 yrs. You are entitled to
the retirement benefit of 1/2
month for every year of service,
plus 1/12 of 13th month for every
year of service, plus 5 days
service incentive leave (SIL)
which equals 22.5 days wages per
year of service. Mao na imong
madawat sa imong employer over
and above SSS. SSS is separate.
Now, there are special workers
which have a lower retirement
age. Who are those workers?
UNDERGROUND
MINE

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

WORKERS who have reach


the age of 55, underground
mine worker for at least 5 yrs,
either
continuous
or
accumulated prior to the
semester of retirement, but
whose actual date of retirement
is not earlier than March 30,
1998, or separated from
employment or in case of selfemployed, has ceased to be selfemployed and has paid at least
120 monthly contributions
prior to the semester of
retirement.
Is it possible to be an
underground mine worker and
you are self--employed?
WHY NOT?! If you are in
Diwalwal and you own a tunnel
and ikaw ra say nagsu-ong su-ong
didto? Unya 5 ka ka-tuig nagsuong su-ong didto. Underground
worker, self-employed ka.
Kinsa may mu-certify ana na naa
ka sa underground? Muadto ka sa
brgy. Captain, detachment
commander
or has reached 60 yrs old,
whether employed or not and
has paid at least 120 monthly
contributions prior to the
semester of retirement
TYPES OF
BENEFITS:

RETIREMENT

1.) Monthly pension- is a


lifetime cash benefit paid to a
retiree who has paid at least 120
monthly contributions to the SSS
prior to the semester of
retirement.

2.) Lumpsum amount- is


granted to a retiree who has not
paid the required 120 monthly
contributions. It is equal to the
total contributions paid by the
member and by the employer,
including interest.
So, sa ato pa kung naka-contribute ka ug 9
yrs and a half, pila man? 114 monthly
contributions. Kulang man kag tunga sa
tuig. Unya ang tunga sa tuig 6 months
man na. So retire ka, abot na ka ug 60 or
65, muingon ka na sayang man akong
kuan, kulang ug 6 months, padayon lng
usa ko ug contribute, di lng usa ko
muretire. Mahimo? Diba once you are
severed from employment, you can still
continue your membership on a
VOLUNTARY BASIS. Pwede ba ka
muingon na SSS, stop, huwat kay
magpadayon ko ug bayad for 6 months
aron maka full benefits ko. Mahimo? I
would surmise that if you are below 65,
the absolute age for retirement, pag
mga 60 ka na mag voluntary continue
pa ka for 6 months para kaabot jud ka
sa retirement benefits. After that, 120
na, full benefits na. But if you are
already 65 and you still have 6 months,
the maximum retirement age is 65, so
you cannot continue anymore.
Now, if you are less than 120 months
contribution, what happens? You are just
given a LUMPSUM. How much is that?
The sum total of your contribution plus
interest.
Now, take note, GSIS retiree ka, you are
qualified sa GSIS, your retirement
benefits is completed and you are given a
choice to get a lumpsum of 5 yrs on the
date of your retirement --- ihatag na
imung 5 yrs saimo madawat. And then, if

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

you survive, until the end of the 5 th year,


magsugod na imung monthly na
retirement benefit. Pero ihatag daan imung
5 yrs. Mamatay ka within that 5 yrs,
alkanse and GSIS, gihatag naman niya ang
5 yrs nimo na lumpsum. Mao na almost
everybody elects a lumpsum. Unhan na
lng nato kay tingali ba naman ug mukirig
pa ta, ma-heart attack, edi sayang. GSIS
ana.
Now, assuming you have paid 120, how
much will monthly pension of the SSS
retiree will receive? The monthly
pension will depend on the members
paid contributions, including the
credited years of service and the
number of dependent minor children
but not to exceed 5. The amount of
monthly pension will be the highest of
(now this is the formula):The sum of 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 yrs or 40% of the average
monthly salary credit or P1200, provided
that the credited years of service is less
than 20 or P2400, if the credited years of
service is 20 or more, the monthly pension
is paid for not less than 60 months.
The retiree has the option to receive the
first 18 monthly pension in lumpsum.
Discounted at the preferential rate of
interest to be determined by the SSS.
So, lumpsum for full benefits of SSS is
only 18 monthly ___. Pagretire nimo
daan, qualified ka, kuha ka ug lumpsum
18 months, kwentahon na nimo daan,
mamatay ka within that 18 months,
alkanse ang SSS kay patay naman ka.
Mabuhi ka pa, 18 months later, magsugod
ka ug kuha ug monthly pension benefits.
The highest being P2400/month. The
gargantuan sum of P2400.

The option shall be exercised upon filing


of the first retirement____ only advanced
payment shall be discounted____.
Independents pension and 13th month
pension are excluded from the 18 months
lumpsum pension. The member will
receive the monthly pension on the 19th
month and every month thereafter.
Now, remember that this law called
PARTIAL PORTABILITY SYSTEM.
If you are moving from one system to
another, lets say, from GSIS to SSS (e.g.
Govt worker before pero nibalhin ka sa
private. Gikapoy na ka mahimong
fiscal/PAO lawyer so nagprivate practice
ka. Self-employed na ka. Gabayad ka na
sa SSS. Wala kaau kay contribution sa
SSS, pero daghan kaau ka ug contribution
sa GSIS.
Q: Is it possible to count your
contributions from the GSIS so that you
will get the whole benefits in the SSS?
YES!As to one benefit ___. Partially, you
carry your contributions here so that
you will qualify for the 120 months
monthly contribution that is required
for full benefits for retirement under
the SSS. So you count your contributions
here, add it to your 50 months
contribution, then you will qualify for full
retirement benefits. That is the same thing
that happen, e.g private practice ka dri sa
SSS, self-employed ka, gabayad ka sa
SSS, unya na-appointed ka as fiscal, unya
5 yrs ka na prosecutor unya naabot na ka
sa 65, di ka mu-qualify sa GSIS, but bcoz
of the PARTIAL PORTABILITY LAW,
you can get your contributions from the
SSS and carry it over to the GSIS for you
to qualify. In other words, ITS NOT
TOTAL. Dli tanan nimong mga
contribution or benefits dra. Dli, kato

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

rang usa magamit nimo once. And you


apply it to the most lasting benefit.

monthly pension completed for the first


retirement pay, or the recomputed monthly
pension or the _____.

Now, what happens when the retiree


pensioner resumes employment? Retirees
are discouraged from working bcoz of this
feature in the law. What does it say?

How is the monthly pension paid? It is


paid thru ATM. A member must open a
single savings account. He must submit to
the SSS the savings account number and a
photocopy of his passbook upon filing of
his application. The original copy of his
passbook must be presented for
authentication. For ATM, the name of the
member must be embossed on the ATM
card, otherwise a copy of the deposit slip
must be submitted. Upon approval of the
claim, the SSS will mail a notice for ___
to the claimant informing him when to
withdraw the benefit from the bank.

The monthly pension shall be


suspended upon reemployment or
resumption of self-employment of the
retired member who is less than 65 yrs
old. The member shall again be
subjected to compulsory coverage. At
65 yrs old, whether employed or not, he
can already claim for retirement
benefit. -> now this is true if you retire at
60 and the retirement age of your
employer is 60. Kng nagtrabaho pa gani
ka, your retirement benefit is suspended.
Retired man kaha ka unya ngano
gatrabaho man diay ka, di diay ka retired?
Undang ang imong benefits. Suspended
and imong benefits. But then, if you are
65 and you are still working after 65, then
you are still entitled to the whole benefits.
RETIREMENT BENEFITS.
Monthly pension of a member who
retires after age 60 and who has
contributed the required 120 monthly
contribution. The monthly pension shall
be higher of the ff:
1.) Monthly pension completed at the
earliest time the member would have
retired, had he been separated from
employment or ceased to be selfemployed plus all adjustments thereto; or
2.) Monthly pension completed at the time
when the member actually retires.
A pensioner who retires more than once
shall be entitled to the higher of the

Aside from the retirement benefit, what


else can a retiree receive? A retiree is
entitled to 13th month pension payable
every December. Ah, naa pajud diay 13th
month pension. Mao man na ang
panghambog sa SSS na gimail na ang 13 th
month pension. That is additional lng ha,
it is not in the statute.
All retiree pensioners prior to the
effectivity of RA 7875 or March 4, 1985
are automatically considered members of
PHILHEALTH and he and his legal
dependents are entitled to to its
hospitalization benefits. On the other
hand, retirees effective March 4, 1985 up
to the present will be entitled to
hospitalization benefits under medicare
only if they they have contributed 120
monthly medicare contributions. The
counting of the 120 monthly contributions
shall start in 1972 when the medical care
act of 1969 shall have started ____. So
you are still entitled to medicare even if
you are retired, provided that you have
made the 120 month full contributions.

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

Are the children of retired members


entitled to dependents pension? The
legitimate, legitimated or legally
adopted and illegitimate children
conceived on or before the date of
retirement of the retiree will each
receive the dependents pension
equivalent to 10% of the members
monthly pension, or 250, whichever is
higher. Only 5 minor children beginning
from the youngest are entitled to the
dependents
pension.
No
such
substitution is allowed. If there are
more than 5 dependents, the legitimate,
legitimated or legally adopted children
shall be preferred.

of the dependents pension.


PRIMARY BENEFICIARIES:
1.) Spouse until he/she remarries;
2.) legitimate children or legitimated
If the retiree pensioner dies within 60
months from the start of the monthly
pension, has no primary beneficiaries, the
secondary beneficiaries shall be entitled to
a lumpsum benefit, equivalent to a total
monthly pension corresponding to the
balance of the 5yr guarantee period,
including the dependents pension.
Who are the secondary beneficiaries?

How long will the children receive the


pension? The dependents pension stops
when the child reaches 21 yrs old, gets
married, gets employed or dies.
However, the dependents pension is
granted for life to children who are over
21 yrs old, provided they are
incapacitated or incapable of selfsupport due to physical or mental
disability which is congenital or
acquired during minority.
Mongoloid is not the right term bcoz that
is an insult to the nationals of Mongolia.
The WHO said that the proper term should
be, children with down syndrome. They
are entitled even if they are beyond 21 if
they are congenital or acquired, mental
or physical disability. Can you just
imagine how many people the SSS is
supporting, even though its only 250php a
month.
Now, in case of death, what will happen to
the monthly pension of the retiree in case
of death? Upon death of the retiree
pensioner, the primary beneficiaries as
of the date of retirement shall be
entitled to 100% of the monthly pension

SECONDARY BENEFICIARIES:
1.) Parents -- way asawa, way anak,
perents
ang
mahimong
secondary
beneficiary. Naay asawa, naay anak, way
secondary.
So we now know the retirement
benefits. There is a guaranteed limit for
18 months. Remember the rule, 60.65.
You will get a monthly pension if you
contributed for at least 10yrs. (120
monthly contributions). Less than that,
you will get a lumpsum. Sumtotal of
employees contribution plus interest.
DOCUMENTS NEEDED IN FILING
FOR RETIREMENT BENEFITS
(pagnagretire na mo pangitaa ni ninyo
kai napulo ni kabuok)
DEATH BENEFIT
Remember, this is not work-related
death. This is ordinary death.
Kamatayon sa banig, that is the SSS

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

death. Kamatayon sa trabaho, that is the


employees compensation (EC). This is
not employees compensation.

beneficiary in the members record.

Cash benefit: either in monthly pension


or lumpsum pay to the beneficiaries of
the deceased member.

They will give you a problem (BAR Q):

1.) Monthly pension - is granted to the


primary beneficiaries of the deceased
member who had paid 36 monthly
contributions before the semester of death.
2.) Lumpsum - the amount granted to the
primary beneficiaries of a deceased
member who has paid less than 36
monthly contributions before the semester
of death the secondary beneficiaries paid
shall be entitled to a lumpsum benefit.
So, mas mubo ang kinahanglan. 36 only
monthly contributions. If less, lumpsum. If
36 monthly pension benefits to the
primary beneficiaries.

Mr. Juan dela Cruz is a heavy equipment


operator in a construction company. He
has given 20 yrs contribution to the SSS.
The wife is already dead. He has 5
children. Just before he died of a heart
attack, bcoz he loved balbacua every
Friday, kanang halang2x na balbacua,
paresan nimo ug Vino Kulafu. The
youngest of his 5 children turned 21 the
day before he died. In the meantime he
has changed the beneficiaries in his
record. He put there the name of his
favorite waitress when he goes to the sigapalong beerhouse. The following go to the
SSS to ask for his death benefits:
a. 5 children;
b. Sister of the deceased spouse; and
c. The waitress who took time out from
her job in the siga-palong beerhouse

Who are the beneficiaries of the deceased?


Who has the rightful claim?
PRIMARY BENEFICIARIES:
1.) Legitimate dependent spouse until the
person remarries;
2.) legitimate, legitimated or legally
adopted children and illegitimate children
of the member who are not yet 21 yrs old
In the absence of primary beneficiaries,
the dependent parent shall be the
secondary beneficiaries. In their absence,
any other person designated by the
member as beneficiary in the members
record -- this is very important bcoz
time and again this has been asked in
the bar examinations. In the absence of
the secondary beneficiaries, wa ganiy
primary, wa ganiy secondary, any other
person designated by the member as

Wa namay primary kay patay naman. Ang


iyang mga anak primary unta to kung
below 21 pa pero di naman. Unsa man
sila? With down syndrome, wa man. They
are all married. They may put there that
they are already married without work, but
they dont have down syndrome. They are
not primary beneficiaries. Who is the
rightful beneficiary? Any other person
designated by the member as beneficiary
in the members record.
ANS: Katong waitress sa siga-palong
beerhouse mao tong rightful beneficiary.
Wa man cyay secondary kay patay naman
ang iyang ginikanan. Time and again, they

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

ask that question in different variations in


the bar examination. Butangan nila ug
above 21 na ang anak, unya polyo, unya
nasakit pa jud ug meningitis. Kung ana,
set aside tong person na designated by the
member as beneficiary. So pay attention to
this. This is the tricky part for death
benefits.

barker? (lol! :D) Youre all qualified,


but you will not last.

4TH MEETING
Are the children of the deceased member
entitled to dependents pension?

E.g. You are already working bcoz you


have already won the Pinoys Got Talent
and you already signed a recording
contract. Then the pension stops. Even
though youre a minor if youre
employed.

The dependent, legitimate, legitimated


or legally adopted and illegitimate
children conceived on or before the date
of death of the deceased will each
receive on or before the date of the
death of the deceased will each receive
dependents' pension equivalent to ten
percent (10%) of the monthly pension
or Two hundred fifty pesos (P250.00),
whichever is higher.
Remember the limit is 5 minor children
dependent. If you have more than 5, e.g.,
you have 7 children, only 5 will get it.
250php each. But it is beginning from the
youngest. Not beginning from the eldest.
Legitimate, legitimated and legally
adopted children shall be preferred.
And the illegitimate children will loose
out to the legitimate.
How long will the dependent children
receive the pension? Pension stops when
the child reaches 21 years old or if he
gets married, gets employed or dies.
The moment you are employed you stop
the pension.
What is the employment? He is now a
barker. A jeepney barker. Whats a jeepney

If you are employed as a barker, you are


still eligible. Why? Bcoz, its the
employment in the informal sector.
So by employment here is meant mainly
from the formal sector.

So you see, this is one of the problems of


the SSS. There is a disincentive _______.
Remember, retirement benefits is when
you reach 60. When you reach 60,
youre already eligible. But if you stop
working, it is suspended. It will resume
if you finally reach 65. So people are
discouraged. There is a disincentive
benefit
Now, I dont know what is the amount of
the funeral benefits now. Bcoz it says here
that the funeral grant is P20K. They must
have increased this.
Now, the documents needed in filing the
death and funeral benefits:
a.) Death certificate of a deceased
member duly certified by a Local
Civil Registrar.
b.) Filers ______
c.) The savings account of the
claimant passbook, ATM card
d.) Report of death and cause of death
is work connected.
e.) SSS form If the claimant is the
legal heir, then there is another

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

form.
f.) Photo of the filer and valid ID
a. If you are the son and you
claim, you are the filer,
your photo is required.
b. If married, that is the
deceased, the marriage
certificate of the deceased
and the birth certificate
duly certified by the LCR.
c. If single, the deceased
members birth certificate
and the marriage certificate
of the parents, duly
certified by the LCR.
d. If
with
illegitimate
dependent children, proof
of filiation such as the
record of birth, the will,
statement before a court in
any
authentic
writing
document.
e.
If the beneficiaries are
incapacitated or dependent
children, application for the
representative
payee,
guarantors form and in
trust form, single savings
account
and
medical
certificate of incapacitated
dependents Now this is
the exception for the
special proceeding on
guardianship bcoz normally
there should be court order
on
guardianship
for
dependents. Bcoz this is
SSS, this is streamlined
administratively, bcoz it is
so cumbersome for the
judicial proceeding for the
appointment of guardian.

(Cotabato story) You cannot

file SSS in Cotabato. 2 branch


managers have already given
up the ghost. Applications of
death benefits there are more
numerous than the entire death
benefits of Mindanao.
Salary loans, you know in the
SSS law, salary loans is just
mentioned as a passing benefit.
But it seems to be the main
preoccupation of the SSS. But
that is not the basic reason why
the SSS is created. It is for the
purpose of answering those
basic contingencies:
a.) Death
b.) Old age/retirement
c.) Sickness
*Those
are
the
basic
contingencies. So salary loans
is really an additional.
SICKNESS BENEFIT
Sickness. What is the sickness
benefit of the SSS?
Sickness benefit is a daily cash
allowance paid for a number of
days a member is unable to
work due to sickness or injury.
Now if you are an SSS member, how will
you qualify for sickness benefit?
-When you also have employees
compensation sickness benefit for workrelated sickness. Then you also have
employers sickness benefit like sick
leave. Many employers grant sick leave.
Does the law grant the employees to claim

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

from their employer a sick leave? Theres


NONE! Theres only 5 days Service
Incentive Leave (SIL) and that can be
given for sickness or for vacation.
Theres no distinction. Thats the only
leave that you can claim from the
employer under the Labor Code. In special
law, there are other kinds of leaves, like
MATERNITY LEAVE -- you can claim
that if your wife gives birth and its only
for ____. SOLO PARENT LEAVE -that is for sickness of children for solo
parent. That is not for sick leave. VAWC
LEAVE -- that is for internal family
conflict. That is not for sick leave.
So for sickness, only 5 days SIL. It might
amuse you to learn that that is the same
way in the USA. There is no mandatory
sick leave. There is also no mandatory
vacation leave granted by the laws of the
USA. Obama is now trying to pass a law
that will grant sick leave, and I dont think
that he can pass that now in a Republican
House of Representatives and Senate.
When can you get sickness benefit from
the SSS? These are the requirements
(How does an SSS member qualify for
sickness benefit?):
1.) He is unable to work due to sickness or
injury and confined either in a hospital or
at home for at least 4 days. -- so there is
no SSS sickness benefits for less than 4
days.
2.) He has paid at least 3 months of
contributions within the 12-month period
immediately before the semester of
sickness or injury. -- if you pay for
contributions for at least 1 yr, then you are
entitled to sickness benefit.
3.) He has used up all company sick
leaves with pay -- VERY IMPORTANT!

-- So if your employer gives you sick


leave benefits, you have to completely use
up those benefits.
4.) He has notified the employer, or the
SSS, if unemployed, voluntary or selfemployed member, regarding the sickness
or injury.
The employer records it in the diary. The
employer must keep a logbook for SSS
claim for employees compensation (EC).
Thats where the employer records notice
of pregnancy. It has to be recorded also.
Di man ka pwede muingon na, manganak
na ko, you have to report first if you are
pregnant
to
eliminate
simulated
pregnancy. E.g. Naay uban na
masayangan na di nila makuha ang
maternity benefits, imbes na anak sa ilang
igsuon, ilang angkunon na ila para
makakuha sila ug maternity benefits from
the SSS. How do you prevent that? Once
you are pregnant, you report it to your
employer and the employer reports it to
the SSS.
E.g. 56 yr old has 2 children, what if she
gets pregnant? -- like when she undergoes
artificial insemination. How many more
can she have? 2 more. Can the SSS object
bcoz she is already 56 yrs old? That will
be a question of first impression to the SC.
So he must used up all company sick
leaves with pay.
How much sickness benefit is a member
entitled to receive? The amount of
sickness benefit per day is equivalent to
90% of the employees average daily
salary. There is a formula. It is never the
same amount equivalent to your daily
salary. Its always lower than your daily
average salary. Remember I told you in
maternity benefits, the one that will give

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

you maternity benefits is the employer


who will advance it. And then you will
sign a waiver that ____ to the SSS that
will now be endorsed to the employer,
bcoz the employer advances your ____.
Now, what the employer usually does is
he will just compute your daily salary and
will give it to you. But the reimbursement
is actually less than your daily salary bcoz
it is average daily salary credit. So what
happens is, the employer actually
subsidizes the difference.
Now, why is it that the system is such that
will not pay you the whole daily salary but
it is lower, it is the average salary credit?
There is known in INSURANCE LAW as
COEFFICIENT OF INSURANCE. In
other words, if it were for the full
amount, the full amount is an invitation
to abuse. If you do not suffer anything,
it will engender abuse. Thats why, they
make it less. That goes with all
insurances.
Your car insurance for let us say, own
damage. There is always that feature that
the first 2000 you pay, it lessens the actual
amount of recovery to damage. What is
that? That is COEFFICIENT OF
INSURANCE. To discourage you from
abusing. If it were not for that amount,
what will happen? E.g. Wa man diay ni
musiga ang akong rear light, atras dayon
nimo imung sakyanan. Gituyo nimo na
gub-on. Adto dayon ka sa insurance.
Pangutan-on ka na pila man na ang
damage? Muinon ka na 1k. Imo na ang
unang bayranan. The 1st 1k ikaw ang
mubayad. That is the abuse if you are
completely paid with the recoverable
amount. So that is COEFFICIENT OF
INSURANCE. You are never paid the
entire loss. In SSS, what is the loss? The
loss is INCOME bcoz of sickness.

Now, is this separate and distinct from


PHILHEALTH?
Remember,
PHILHEALTH does not pay you for loss
of income. It pays you for hospitalization.
Certain amount for hospitalization, for
medication, medicines, doctors fees, and
then, PHILHEALTH is not merciful to
ordinary sicknesses. Kinahanglan na
hospitalized
ka.
Kng
dli
ka
mahospitalized, dli ka makakubra sa
PHILHEALTH. Sipon lng, bisag unsa
kagahi sa sipon nimo, di ka macover sa
PHILHEALTH. Kinahanglan naa ka sa
hospital. So its an invitation to commit
fraud. Mao na ang uban manikas na lng na
iingon nila na nahospitalize sila aron
makarecover lng sila sa PHILHEALTH.
So, the sickness benefit for loss of
income, the amount of sickness benefit
per day is equivalent to 90% of the
members average daily salary.
How is the sickness benefit computed?
1.) You exclude the semester of sickness,
the semester of first of 2 consecutive
quarters, ending in the quarter of sickness.
A quarter of the first of 3 consecutive
months, ending March, June, September
or December. You count 12 months
backwards starting from the month
immediately before the semester of
sickness, then you identify the 6 highest
monthly salary credits within the ____. -Very complicated.
How many days in a year can a member
avail of sickness benefit? What is the
maximum? A member can be granted a
sickness benefit for a maximum of 120
days in 1 calendar year. That is 1/3 of a
calendar year. Any unused portion of the
allowable 120 days sickness benefit can
be carried forward and added to the

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

total number allowed for ____ the


following year.
The sickness benefit shall not be paid
for more than 240 days for account of
the same illness. If the sickness or
injury will persist after 240 days, it will
be considered as a disability benefit. -sickness kay mulutaw na sa disability if
muexceed na ug 240 days.
Q: Ngano man na 120 days ra man unta
ang maximum, unya ngano na 240 mana?
Wa ka makasabot kay tingali nagstruggle
na sa 2 ka calendar year. It becomes 240
because it is for 2 calendar years.
Now, if an employee fails to inform the
employer the sickness that is now
covered by the sickness benefit, or there
is a delay in the notification, what is the
consequence?
1.) If the employee notifies the employer
of the SSS, or in case of an unempolyed,
self-employed or voluntary paid member
beyond the prescribed 5-day period, the
confinement shall be deemed to have
started not earlier than the 5th day
immediately preceding the date of ____.
2.) If the employer notifies the SSS
beyond the 5 calendar days after the
receipt of the notification from the
employee, the employer shall be
reimbursed only for each day of
confinement starting from the 10th
calendar day immediately preceding the
date of notification to the SSS. -- So if
its the employer who is delayed to
notify the SSS.
3.) If the employee has given the
notification to the employer, but the
employer fails to notify the SSS of the
confinement within the prescribed period

resulting in the reduction of the benefit or


denial of the claim, the employer shall
have no right to recover the days of
allowance advanced to the employee.
--So it is the employer who will answer.
So, now, self-employed, voluntary
member --e.g. Husband na wa na
nitrabaho unya gipadayon ra gihapon niya.
Iyang wife gipadayon ra gihapon sad
voluntary basis, they are now eligible for
sickness benefit. Added burden to the
SSS. They are hoping that they will get
benefit from the SSS based on their
voluntary contributions, but actually, its
an added burden to the SSS.
Where does a member file a claim for
sickness benefit?
EMPLOYED MEMBERS:
Claims must be filed in the SSS servicing
branch. Processing of the claim from that
branch where employer and employee
records is placed.
SELFEMPLOYED/SEPARATED/VOLUNTA
RY:
Claims must be filed at the SSS branch
that has jurisdiction over your area or
place of residence. Processing is done at
the branch where the record is placed. So
that you would not be inconvenienced, if
you are a separated/voluntary/selfemployed member, you can file it in the
SSS branch where you are living. Not
necessarily the SSS branch that has
jurisdiction over your former employer.
SO WE HAVE COVERED ALL THE
BENEFITS FOR THE MEMBERS OF
THE SSS.
-end-

SOCLEG TRANSCRIPTION FOR 2ND EXAM


SSS LAW

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