Professional Documents
Culture Documents
3.
Compulsory Coverage
Coverage of Employees
a. A private employee who is not over 60 years old
b. A household-helper earning at least P1,000 a month is covered
starting Sept. 1, 1993.
A household-helper is any person who renders domestic or household
services exclusively to a household employer such driver, gardener,
cook, governess, and other similar occupations.
c. A Filipino seafarer upon the signing of the standard contract or
employment between the
seafarer and the manning
agency which, together with the foreign ship owner, act as employers.
d. An employee of a foreign government, international organization or
their wholly-owned instrumentality based in the Philippines, which
entered into an administrative agreement with the SSS for the
coverage of its Filipino workers.
Pointers
1. Res judicata
CASE: SSC v. Rizal Poultry and Livestock Association, Inc., et al.,
(GR no. 167050, June 1, 2011)
Issue:
Whether res judicata applies so as to preclude the SSC from resolving
anew the existence of employer-employee relationship, which issue
was previously determined in the NLRC case?
SC:
Res judicata in the concept of conclusiveness of judgment applies.
The judgment in the NLRC case pertaining to a finding of an absence
of employer-employee relationship between Angeles and respondents
is conclusive on the SSC case.
2.
Compulsory coverage
Compulsory Coverage
Coverage of Employees
a. A private employee who is not over 60 years old
b. A household-helper earning at least P1,000 a month is covered
starting Sept. 1, 1993.
A household-helper is any person who renders domestic or household
services exclusively to a household employer such driver, gardener,
cook, governess, and other similar occupations.
c. A Filipino seafarer upon the signing of the standard contract or
employment between the
seafarer and the manning
agency which, together with the foreign ship owner, act as employers.
d. An employee of a foreign government, international organization or
their wholly-owned instrumentality based in the Philippines, which
entered into an administrative agreement with the SSS for the
coverage of its Filipino workers.
Coverage of Employers
a.
An employer, or any person who uses the services of
another person in business, trade, industry or any undertaking.
A social, civil, professional, charitable and other non-profit organization
which hire the services of employees are considerable employers.
b.
A foreign government, international organization or its
wholly-owned instrumentality such as embassy in the Philippines, may
enter into an administrative agreement with the SSS for the coverage
of its Filipino employees.
Coverage of Self-Employed Persons
A self-employed person, regardless of trade, business or occupation,
with an income of at least P1,000 a month and not over 60 years old,
should register with the SSS. Included but not limited to are the
following self-employed persons: self-employed professionals;
business partners, single proprietors and board directors; actors,
actresses, directors, scriptwriters and news correspondents who do not
fall with the term employee; professional athletes, coaches, trainers
and jockeys; farmers and fisherfolks; and workers in the informal
sector such cigarette vendors, watch-your-car-boys, hospitality girls,
among others.
3.
"D. BENEFITS
"SECTION 9. Computation of the Basic Monthly Pension. (a) the
basic monthly pension is equal to:
"1) thirty-seven and one-half percent (37.5%) of the revalued average
monthly compensation; plus
"2) two and one-half percent (2.5%) of said revalued average monthly
compensation for each year of service in excess of fifteen (15) years:
Provided, That the basic monthly pension shall not exceed ninety
percent (90%) of the average monthly compensation.
Disability benefits
Permanent Total Disability
Gainful employment
Any productive activity that provides the member with income at least
equal to the minimum compensation of government employees (IRR,
Sec. 1.17)
Survivorship
Those granted to surviving and qualified
beneficiaries of the deceased member or pensioner to cushion them
against the adverse economic, psychological and emotional loss
resulting from the death of a wage earner or pensioner.
Survivorship
Who are eligible?
GSIS v. Montesclaros
Facts:
SB member Nicolas Montesclaros married Milagros Orbiso. Nicolas
was a 72-year old widower when he married Milagros who was then 43
years old. Nicolas died. Milagros then filed with the GSIS a claim for
survivorship pension under PD 1146. The GSIS denied the claim
because under Section 18 of PD 1146, the surviving spouse has no
right to survivorship pension if the surviving spouse contracted the
marriage with the pensioner within three years before the pensioner
qualified for the pension.
SC:
Section 18 of Presidential Decree No. 1146 void for being violative of
the constitutional guarantees of due process and equal protection of
the law. The proviso is unduly oppressive in outrightly denying a
dependent spouse's claim for survivorship pension if the dependent
spouse contracted marriage to the pensioner within the three-year
Funeral
Shall be paid upon the death of:
(a)
an active member; or
(b)
a member who has been separated from the service, but
who is entitled to future separation or retirement benefit; or
(c)
a member who is a pensioner (excluding survivorship
pensioners); or
(d)
a retiree who at the time of his/her retirement is at least 60
years old but opts to retire under RA 1616; or
(e)
a member who retired under RA 1616 prior to the effectivity
of RA 8282 with at 20 years service regardless of age.
Funeral
Amount is initially P12,000 but shall be increased to at least
P18,000 after five years.
Funeral
The funeral benefit shall be paid to one of the following in the order in
which they appear herein below:
(a)
the surviving spouse;
(b)
the legitimate child who spent for the funeral services; or
(c)
any other person who can show incontrovertible proofs of
having borne the funeral expenses.
[1997]).
5.
SC will not disturb findings of fact of the SSS which are supported by
substantial evidence and affirmed by the SSC and the Court of
Appeals.
Moreover, petitioner ought to be reminded of the basic rule that this
court is not a trier of facts.
It is a well known rule that in proceedings before administrative bodies,
technical rules of procedure and evidence are not binding. The
important consideration is that both parties were afforded an
opportunity to be heard and they availed themselves of it to present
their respective positions on the matter in dispute.
It must likewise be noted that under section 2, Rule 1 of the SSC
Revised Rules of Procedure, the rules of evidence prevailing in the
courts of law shall not be controlling. In the case at bar, the existence
of a prior subsisting marriage between the deceased and Editha is
supported by the substantial evidence. Petitioner, who has fully availed
of her right to be heard, only relied on the waiver of Editha and failed to
present any evidence to invalidate or otherwise controvert the
Effectivity of Coverage
Is legal wife dependent of support under SS law?
Compulsory coverage
1. For an employee on the first day of employment
Prescriptive period survivorship
When the pensioner dies within the 5-year period after receiving the
five-year lump sum, the survivorship pension shall be paid only after
the end of the said five-year period. However, filing of claim for
survivorship benefit should be done before the end of the 4-year
prescription period.
Who are legal beneficiaries
When the pensioner dies within the 5-year period after receiving the
five-year lump sum, the survivorship pension shall be paid only after
the end of the said five-year period. However, filing of claim for
survivorship benefit should be done before the end of the 4-year
prescription period.
COA Disallowances
47.5. Exemption of all Funds of the GSIS from Tax, Attachment,
Execution, Levy or Other Legal Processes.- The funds and/or the
properties referred to herein as well as the benefits, sums or monies
corresponding to the benefits under this Act shall be exempt from
attachment, garnishment, execution, levy or other processes issued by
the courts, quasi judicial agencies or administrative bodies including
Commission on Audit (COA) disallowances and from all financial
obligations of the members, including his pecuniary accountability
arising from or caused or occasioned by his exercise or performance of
his official functions or duties, or incurred relative to or in connection
with his position or work except when his monetary liability, contractual
or otherwise, is in favor of the GSIS.
SC found untenable Teresas assertion that being the legal wife, she is
presumed dependent upon Florante for support. In Re: Application for
Survivors Benefits of Manlavi, SC defined dependent as one who
derives his or her main support from another [or] relying on, or subject
to, someone else for support, not able to exist or sustain oneself, or to
perform anything without the will power or aid of someone else.
SC declared in Aguas the obvious conclusion is that a wife who is
already separated de facto from her husband cannot be said to be
dependent for support upon the husband, absent any showing to the
contrary. Conversely, if it is proved that the husband and wife are still
living together at the time of his death, it would be safe to presume that
she was dependent on the husband for support, unless it is shown that
she is capable of providing herself. Hence, we held therein that the
wife- claimant had the burden to prove that all the statutory
requirements have been complied with, particularly her dependency on
her husband at the time of his death.
Portability of benefits
( Portability law RA 7699)
A member of GSIS who does not qualify for old age and
other benefits by reason of non-fulfillment of the required period of
service may be able to qualify for such benefits by making use of the
period during which he rendered services to a private employer and for
which contributions were paid to SSS. This is allowed under RA 7699
(approved May 1, 1994)
Are judges covered under GSIS?
10.2.1 The compulsory life policy of a regular member whose
membership classification has been converted to special member by
virtue of his appointment as a Judge, Justice or their equivalent, shall
be terminated upon separation from his old position. He shall be
provided LEP coverage upon assumption to duty to his new position.
Separation
IRR, Rule II, Sec. 2.5:
Member separated for cause
automatically forfeit
Unless terms of resignation or separation
Primary beneficiaries
Survivorship
Primary Beneficiaries
On the part of the petitioners, they have not denied their fault in not
remitting the SSS contributions and loan payments of the respondents
in violation of Section 28, paragraphs (e), (f) and (h) of the SSS Law.
Instead, petitioners interposed the defenses of lack of criminal intent
and good faith, as their failure to remit was brought about by alleged
economic difficulties, and they have already agreed to settle their
obligations with the SSS through a memorandum of agreement to pay
in installments. As held by the Court of Appeals, the claims of good
faith and absence of criminal intent for the petitioners' acknowledged
BASIS OF COVERAGE -
Sickness Benefit
Disability Benefit
The fact that there is no actual and direct employeremployee relationship between petitioner and respondents does not
absolve the former from liability for the latters monetary claims. When
petitioner contracted DNLs security services, petitioner became an
indirect employer of respondents, pursuant to Article 107 of the Labor
Code.