Chapter Six

SOCIAL WELFARE LEGISLATION

TOPICS PER SYLLABUS
A. SSS Law (R.A. No. 8282)
1. Coverage
2. Exclusions from coverage
3. Benefits
4. Beneficiaries

A.
SSS LAW
(R.A. No. 8282)

1.
Coverage
1. COMPULSORY 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, civic, professional, charitable and other non-profit organizations which hire the services of
employees are considered employers.
b. A foreign government, international organization or its wholly-owned instrumentality such as an
embassy in the Philippines, may enter into an administrative agreement with the SSS for the coverage of
its Filipino employees.1
2. COMPULSORY COVERAGE OF EMPLOYEES.
a. A private employee, whether permanent, temporary or provisional, who is not over 60 years old.
b. A domestic worker or kasambahay who has rendered at least one (1) month of service. 2
c. A Filipino seafarer upon the signing of the standard contract of 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.
e. The parent, spouse or child below 21 years old of the owner of a single proprietorship business. 3
3. COMPULSORY COVERAGE OF SELF-EMPLOYED PERSONS.
A self-employed person,4 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:
a. Self-employed professionals;
b. Business partners, single proprietors and board directors;
c. Actors, actresses, directors, scriptwriters and news reporters who are not under an employer-employee
relationship;
d. Professional athletes, coaches, trainers and jockeys;
e. Farmers and fisherfolks; and
f. Workers in the informal sector such as cigarette vendors, watch-your-car boys, hospitality girls, among
others.5
Unless otherwise specified, all provisions of the law, R.A. No. 8282, applicable to covered employees shall
also be applicable to the covered self-employed persons.6
 A self-employed person shall be both employee and employer at the same time.7
4. VOLUNTARY COVERAGE.
1. Separated Members
A member who is separated from employment or ceased to be self-employed/OFW/non-working spouse
and would like to continue contributing.8
2. Overseas Filipino Workers (OFWs)
A Filipino recruited in the Philippines by a foreign-based employer for employment abroad or one who
legitimately entered a foreign country (i.e. , tourist, student) and is eventually employed.9
3. Non-working spouses of SSS members
A person legally married to a currently employed and actively paying SSS member who devotes full
time in the management of household and family affairs may be covered on a voluntary basis, provided
there is the approval of the working spouse. The person should never have been a member of the SSS.
The contributions will be based on 50 percent (50%) of the working spouses last posted monthly salary
credit but in no case shall it be lower than P1,000.10
5. EFFECTIVE DATE OF COVERAGE.
For compulsory coverage:
1. For employer - Compulsory coverage of the employer shall take effect on the first day of his operation
or on the first day he hires employee/s. The employer is given only 30 days from the date of
employment of employee to report the person for coverage to the SSS. 11
2. For employee - Compulsory coverage of the employee shall take effect on the first day of his
employment.12
3. For self-employed - The compulsory coverage of the self-employed person shall take effect upon his
registration with the SSS13 or upon payment of the first valid contribution, in case of initial coverage. 14
For voluntary coverage:
1. For an OFW upon first payment of contribution, in case of initial coverage.
2. For a non-working spouse upon first payment of contribution.
3. For a separated member on the month he/she resumed payment of contribution. 15

6. EFFECT OF SEPARATION FROM EMPLOYMENT.

When an employee under compulsory coverage is separated from employment, his employers contribution
on his account and his obligation to pay contributions arising from that employment shall cease at the end of the
month of separation, but said employee shall be credited with all contributions paid on his behalf and entitled to
benefits according to the provisions of this Act. He may, however, continue to pay the total contributions to maintain
his right to full benefit.16
7. EFFECT OF INTERRUPTION OF BUSINESS OR PROFESSIONAL INCOME.
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.17

2.
EXCLUSIONS FROM COVERAGE
1. EXCLUDED EMPLOYER.
Government and any of its political subdivisions, branches or instrumentalities, including corporations
owned or controlled by the Government18 with original charters.
2. EXCLUDED EMPLOYEES.
 Workers whose employment or service falls under any of the following circumstances are not covered:
(1) Employment purely casual and not for the purpose of occupation or business of the employer;
(2) Service performed on or in connection with an alien vessel by an employee if he is employed when
such vessel is outside the Philippines;
(3) Service performed in the employ of the Philippine Government or instrumentality or agency thereof;
(4) Service performed in the employ of a foreign government or international organization, or their wholly-
owned instrumentality: Provided, however, That this exemption notwithstanding, any foreign
government, international organization or their wholly-owned instrumentality employing workers in the
Philippines or employing Filipinos outside of the Philippines, may enter into an agreement with the
Philippine Government for the inclusion of such employees in the SSS except those already covered by
their respective civil service retirement systems: Provided, further, That the terms of such agreement
shall conform with the provisions of R.A. No. 8282 on coverage and amount of payment of
contributions and benefits: Provided, finally, That the provisions of this Act shall be supplementary to
any such agreement; and
(5) Such other services performed by temporary and other employees which may be excluded by regulation
of the Social Security Commission. Employees of bona-fide independent contractors shall not be
deemed employees of the employer engaging the service of said contractors. 19

3.
BENEFITS
1. TWO (2) MAIN CLASSIFICATIONS.
The SSS benefits may be classified as follows:
(a) Social security benefits:
1) Sickness
2) Maternity
3) Retirement
4) Disability
5) Death and funeral.
(b) Employees compensation benefits.
I.
SOCIAL SECURITY BENEFITS
1. SICKNESS BENEFIT. 20
What is the sickness benefit?
The sickness benefit is a daily cash allowance paid for the number of days a member is unable to work due
to sickness or injury.
How does an SSS member qualify for the 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
four (4) days;
2. He has paid at least three months of contributions within the 12 month period immediately before the
semester of sickness has been paid;
3. When all company sick leaves with pay for the current year has been used up;
4. The employer has been notified, or, if a separated, voluntary or self-employed member, the SSS directly.
How much sickness benefit is a member entitled to receive?
The amount of a members sickness benefit per day is equivalent to ninety percent (90%) of the members
average daily salary credit.
 How is the sickness benefit computed?
1. Exclude the semester of sickness.
A semester refers to two consecutive quarters ending in the quarter of sickness.
A quarter refers to three consecutive months ending March, June, September or December.
2. Count twelve (12) months backwards starting from the month immediately before the semester of
sickness.
3. Identify the six (6) highest monthly salary credits within the 12-month period.
Monthly salary credit means the compensation base for contributions and benefits related to the total
earnings for the month. (The maximum covered earnings or compensation is P15,000 effective Jan 1,
2002) .
4. Add the six (6) highest monthly salary credits to get the total monthly salary credit.
5. Divide the total monthly salary credits by 180 days to get the average daily salary credit.
6. Multiply the average daily salary credit by 90 percent to get the daily sickness allowance.
7. Multiply the daily sickness allowance by approved number of days to arrive at the amount of benefit due.
For example, let us say that an SSS member gets sick or injured in October 2004 for 20 days:
a. The semester of sickness would be from July 2004 to December 2004.
b. The 12-month period would be from July 2003 to June 2004 within which the six highest monthly salary credits will
be chosen.
c. Let us assume that the six highest monthly salary credits are P15, 000 each. The total monthly credit would be P90,
000 (P15, 000 x 6) .
d. The total monthly salary would be divided by 180 to get the average daily salary credit or P500 (P90, 000/180) .
e. The sickness benefit due is P9,000 (P450 x 20 days) .
How many days in a year can a member avail himself of the sickness benefit?
A member can be granted sickness benefit for a maximum of 120 days in one calendar year. Any unused
portion of the allowable 120 days sickness benefit cannot be carried forward and added to the total number of
allowed compensable days for the following year.
The sickness benefit shall not be paid for more than 240 days on account of the same illness. If the sickness
or injury still persists after 240 days, his claim will be considered a disability claim.
Who should an employee notify regarding his sickness or injury?
A member should notify the employer within five (5) calendar days after the start of sickness or injury. The
employer, in turn, must notify the SSS of the confinement within (5) calendar days after receipt of the notification
from the employee member.
Notification to the employer is not necessary if the members confinement is in a hospital or if the member
got sick or was injured while working or was within the company premises. In this case, the employer must notify
the SSS within five (5) calendar days from the start of the employees sickness or injury while working or was
within the company premises.
What is the procedure for notification for unemployed, self-employed and voluntary members?
Unemployed, self-employed or voluntary-paying members should notify the SSS directly within five (5)
calendar days after the start of confinement, unless such confinement is in the hospital, in which case, notification is
not necessary.
What are the effects of failure or delay in notification?
1. If the employee notifies the employer, or the SSS, in the case of an unemployed, self-employed or
voluntary-paying member, beyond the prescribed 5-day period, the confinement shall be deemed to
have started not earlier than the 5 day immediately preceding the date of notification.
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2. If the employer notifies the SSS beyond the five (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
10 calendar day immediately preceding the date of notification to the SSS.
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 3. If the employee has given the required 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 daily sickness allowance advanced to the
employee.
How would an employed member be paid his sickness benefit?
The payment of the daily sickness allowance is advanced by the employer every regular payday. The SSS
will then reimburse the employer of the amount legally advanced upon receipt of satisfactory proof of such payment
and legality thereof.
The SSS will reimburse the employer only for confinements within the one (1) year period immediately
preceding and the date the claim for benefit or reimbursement is received by the SSS, except for confinements in
hospital (i.e. SSS receives the employers reimbursement claim on Oct. 3, 2004 for the sickness period September
23 to Oct. 14, 2003. The employer will be reimbursed for the period Oct. 4 to 14,2003 only as Sept. 23 to Oct. 3,
2003 falls outside the prescribed one-year period for reimbursement claim) .
How about the unemployed, self-employed or voluntary member?
The sickness benefit will be paid directly by the SSS to the unemployed, self-employed or voluntary
members.
What is the prescribed period for filing for a member who is confined in a hospital?
For hospital confinement, the claim for benefit must be filed within one (1) year from the last day of
confinement from the hospital. For home confinement, the claim for reimbursement by the employer must be filed
within one (1) year from the start of illness. Failure to file the claim within the prescribed period will result to denial
of the claim.
2. MATERNITY BENEFIT. 21
What is the maternity benefit?
The maternity benefit is a daily cash allowance granted to a female member who was unable to work due to
childbirth or miscarriage.
What are the qualifications for entitlement to the maternity benefit?
1. She has paid at least three (3) monthly contributions within the 12-month period immediately preceding
the semester of her childbirth or miscarriage.
2. She has given the required notification of her pregnancy through her employer if employed, or to the
SSS if separated, voluntary or self-employed member.22
Pregnant women, whether married or unmarried, are entitled to maternity leave benefits.
Entitlement to maternity leave benefits is not dependent on the civil status of the pregnant woman. Every
pregnant woman in the private sector, whether married or unmarried, is entitled to the maternity leave benefits.23
Maternity benefits, not part of 13 month pay computation.
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Maternity benefits, like other benefits granted by the SSS, are granted to employees in lieu of wages and
therefore may not be included in computing the employees 13 month pay for the calendar year.24
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Is the voluntary or self-employed member also entitled to the maternity benefit?

Yes, A voluntary or a self-employed member is entitled to the maternity benefit provided that she meets the
qualifying conditions.
How much is the maternity benefit?
The maternity benefit is equivalent to 100 percent of the members average daily salary credit multiplied by 60 days
for normal delivery or miscarriage, 78 days for caesarean section delivery.
How is the maternity benefit computed?
 1. Exclude the semester of contingency (delivery or miscarriage) .
A semester refers to two consecutive quarters ending in the quarter of contingency.
A quarter refers to three consecutive months ending March, June, September or December.
2. Count 12 months backwards starting from the month immediately before the semester of contingency.
3. Identify the six highest monthly salary credits within the 12-month period.
Monthly salary credit means the compensation base for contributions benefits related to the total
earnings for the month.
4. Add the six highest monthly salary credits to get the total monthly salary credit.
5. Divide the total monthly salary credit by 180 days to get the average daily salary credit. This is
equivalent to the daily maternity allowance.
6. Multiply the daily maternity allowance by 60 (for normal delivery or miscarriage) or 78 days (for
caesarean section delivery) to get the total amount of maternity benefit.
For example, let us say that an SSS member gives birth in December 2004.
a. The semester of contingency would be from July 2004 to December 2004
b. The 12-month period before the semester of contingency would be from July 2003 to June 2004
c. Let us assume that the six highest monthly salary credits are P15,000 each. Thus, the total monthly salary credit
would be P90,000 (P15, 000 x 6) .
d. The daily maternity allowance would be P500 (P90,000/180) .
e. The total maternity benefit due would be P30, 000 (P500 x 60 days) for normal delivery or P39,000 (P500 x 78) for
caesarian cases.

How many deliveries are covered under existing laws?

The maternity benefit shall be paid only for the first four (4) deliveries or miscarriages starting May 24,
1997 when the Social Security Act of 1997 (R.A. No. 8282) took effect.
Can a member apply for sickness benefit if she has been paid the maternity benefit?
No. A female member cannot claim for sickness benefit for a period of 60 days for normal delivery or
miscarriage or 78 days for caesarean delivery within which she has been paid the maternity benefit. As a rule, no
member can be entitled to two benefits for the same period.
Is it necessary to notify the SSS of a member's pregnancy?
Yes. As soon as a member becomes pregnant, she must immediately notify her employer (if employed) or
the SSS (if separated/voluntary/self-employed) of such pregnancy and the probable date of her childbirth at least 60
days from the date of conception by accomplishing SSS FORM MAT-1 (Maternity Notification Form) and by
submitting proof of pregnancy.
The employer must, in turn, notify the SSS through the submission of the maternity notification form and
proof of pregnancy immediately after the receipt of the notification from the employee member.
Failure to observe the rule on notification may result to the denial of the maternity claim.
How would the claimant be paid the maternity benefit?

(1) For employed members - the benefit is advanced by the employer to the qualified employee, in full,
within 30 days from the date of filing of the maternity leave application. The SSS, in turn, shall
immediately reimburse the employer 100 percent of the amount of maternity benefit advanced to the
female employee upon receipt of satisfactory proof of such payment and legality thereof.
If the employee member gives birth or suffers miscarriage without the required contributions having
been remitted by the employer, or the employer fails to notify the SSS, the employer will be required
to pay to the SSS damages equivalent to the benefits the employee would otherwise have been entitled
to.
(2) For separated/voluntary/self-employed members - the amount of benefit is paid directly to them by
the SSS.
3. RETIREMENT BENEFIT. 25
What is the retirement benefit?
 It is a cash benefit either in monthly pension or lump sum paid to a member who can no longer work due
to old age.
Who may qualify for a retirement benefit?
1. A member who is 60 years old, separated form employment or ceased to be self-employed, and has paid
at least 120 monthly contributions prior to the semester of retirement.
2. A member who is 65 years old whether employed or not and has paid at least 120 monthly contributions
prior to the semester of retirement.
For Underground Mineworkers:
1. Has reached the age of 55 years old and is an underground mineworker for at least 5 years (either
continuous or accumulated) prior to the semester of retirement but whose actual date of retirement is not
earlier than March 13, 1998; separated from employment or in the case of self-employed, has ceased
self-employment, and has paid at least 120 monthly contributions prior to the semester of retirement.
2. Has reached the age of 60 years old whether employed or not.
What are the types of retirement benefits?
They are:
1. the monthly pension, and
2. the lump sum amount.
The 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.
The lump sum 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.
How much monthly pension will a retiree receive?
The monthly pension depends on the members paid contributions, including the credited years of service
(CYS) and the number of dependent minor children but not to exceed five. The amount of monthly pension will be
the highest of:
1. the sum of P300 plus 20 percent of the average monthly salary credit plus 2 per cent of the average
monthly salary credit for each accredited year of service (CYS) in excess of ten years; or
2. 40 per cent of the average monthly salary credit; or
3. P1,200, provided that the credited years of service (CYS) is at least 10 or more but less than 20 or
P2,400, if the CYS is 20 or more. The monthly pension is paid for not less than 60 months.
A retiree has the option to receive the first 18 monthly pension in lump sum discounted at a preferential rate
of interest to be determined by the SSS. The option should be exercised upon filing of the first retirement claim.
Only advance payments shall be discounted on the date of the payment. The dependents pension and 13 month th

pensions are excluded from the 18 months lump sum pension.

The member will receive the monthly pension on the 19 month and every month thereafter.
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What happens when the retirement pensioner resumes employment?

The monthly pension shall be suspended upon the re-employment or resumption of self-employed of a
retired member who is less than 65 years old. The member shall again be subjected to compulsory coverage. At 65
year old whether employed or not, he can already claim for retirement benefit.
How much is the monthly pension of a member who retires after age 60 and who has contributed the
required 120 monthly contributions?
The monthly pension shall be the higher of the following:
1. the monthly pension computed at the earliest time the member could have retired had been separated
from self-employment or ceased to be self-employed plus all adjustments thereto; or
 2. the monthly pension computed at the time when the member actually retires.
A pensioner who retires more than once shall be entitled to the higher of:
1. the monthly pension computed for the first retirement claim; or
2. the re-computed monthly pension for the new claim.
Aside from the retirement benefit, what else can a retiree receive?
The retiree is entitled to a 13 month pension payable every December. All retiree pensioners prior to the
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effectivity of R.A. No. 787526 on March 4, 1995 are automatically considered members of PhilHealth and he and his
legal dependents are entitled to its hospitalization benefits. On the other hand, retirees effective March 4,1995 up to
the present will be entitled to hospitalization benefits under PhilHealth only if they have contributed 120 monthly
Medicare contributions. The counting of 120 monthly contributions shall start in 1972, when the Medical Care Act
of 1969 started implementation.
Are the children of a retiree member entitled to the dependent's pension?
The legitimate, legitimated, or legally adopted and illegitimate children, conceive on or before the date of
retirement of a retiree will each receive dependents pension equivalent to 10 percent of the members monthly
pension or P250, whichever is higher.
Only five minor children, beginning from the youngest, are entitled to the dependents pension. No
substitution is allowed.
If there are more than five dependents, the legitimate, legitimated or legally adopted children shall be
preferred.
For how long will the dependent child receive his pension?
The dependents pension stops when the child reaches 21 years old, gets married, gets employed or dies.
However, the dependents pension is granted for life for children who are over 21 years old, provided they are
incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during
minority.
What will happen to the monthly pension of a retiree in case of death?
Upon the death of a retiree pensioner, the primary beneficiaries as of the date of retirement shall be
entitled to 100 per cent of the monthly pension and the dependents to the dependents pension.
If the retiree pensioner dies within sixty (60) months from the start of the monthly pension and has no
primary beneficiaries, the secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the total
monthly pensions corresponding to the five-year guaranteed period excluding the dependents pension.
4. DISABILITY BENEFIT. 27
What is the New Disability Program?
The new SSS Disability program is a re-designed disability program that implements the revised manual of
disability assessment. The new program adopts the World Health Organizations (WHO) definition of disability that
states that it is any restriction or lack (resulting from impairment) of ability to perform an activity in the manner or
within the range considered normal for a human being.
What are the salient features of the new disability program?
The re-designed disability program
a. adopts the WHO definition of disability which is any restriction or lack (resulting from impairment)
of ability to perform an activity in the manner or within the range considered normal for a human being.
Impairment is defined as any loss or abnormality of psychological, physiological, or anatomical
structure or function.
b. adopts the International Statistical Classifications of Diseases and Related Health problems Codes
(ICD-10) .
c. includes medical and functional assessments.
d. requires annual assessment of all pensioners except those with scheduled disabilities stated under
Section 13-A (f) of the SS Law.

What is the medical and functional assessment under the new disability program?
 Under medical assessment, nature and degree of impairment of affected body part/system is determined
through physical examination and interview supported by appropriate diagnostic tests; while, under functional
assessment, the capacity of the individual to perform activities of daily living (ADL) is tested using the Functional
Independence Measure (FIM) .
Member should have 20% medical impairment to qualify for functional assessment.
Who is qualified for disability benefit under the new program?
A member who suffers partial or total disability with at least one (1) monthly contribution paid to the SSS
prior to the semester of contingency is qualified.
What are some of the permanent partial disabilities?
A complete and permanent loss or use of any of the following body parts and does not totally prevent a
member from engaging in any gainful occupation.

one thumb one big toe

one index finger one hand
one middle finger one arm
one ring finger one foot
one little finger one leg
hearing of one ear one ear
hearing of both ears both ears
sight of one eye

What are some of the permanent total disabilities?

The following fall under permanent total disability:
1. complete loss of sight of both eyes;
2. loss of two limbs at or above the ankle or wrists;
3. permanent complete paralysis of two limbs;
4. brain injury resulting to incurable imbecility or insanity; and
5. such cases as determined and approved by the SSS.
What are the types of disability benefits?
They are:
1. the monthly pension; and
2. the lump sum amount.
The monthly pension is a cash benefit paid to a disabled member who has paid at least 36 monthly
contributions to the SSS prior to the semester of disability.
The lump sum amount is granted to those who have not paid the required 36 monthly contributions.
How much is the monthly pension?
The amount of the monthly pension will be based on the members number of paid contributions and the
years of membership.
The lowest monthly pension is P1,000 for members with less than 10 credit years of service (CYS) ; P1,200
with at least 10 CYS and P2,400 with at least 20 CYS.
Is the monthly pension for life?
Only totally and permanently disabled members will receive a lifetime monthly pension. However, the
pension will be suspended if the pensioner recovers from the illness, resumes employment or fails to report for
annual physical examination when notified by the SSS. The member may request for a domiciliary or a home visit if
the disability inhibits the member from reporting for re-examination by the SSS physician at any of SSS branch
offices.
The monthly pension of a partially disabled member is paid up to a certain number of months only
according to the degree of disability. If with deteriorating and related permanent partial disability, the percentage
degree of disability of previously granted claim shall be deducted from the percentage degree of disability of the
current claim.
The monthly pension is also given in a lump sum if duration of pension is payable for less than 12 months.
How much is the lump sum amount?
For permanent total disability, the lump sum benefit is equivalent to the monthly pension times the number
of monthly contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher.
For permanent partial disability, the lump sum is equivalent to the monthly pension times the number of
monthly contributions times the percentage of disability in relation to the whole body or the monthly pension times
12 times the percentage of disability, whichever is higher.
Aside from the disability benefit, what else can a disability pensioner receive?
In addition to the monthly pension, a supplemental allowance of P500.00 is paid to the total or partial
disability pensioner. The allowance will provide additional financial assistance to meet the extra needs arising from
the disability.
Total disability pensioners and their legal dependents prior to the effectivity of R.A. 7875 28 on March 4,
1995 are entitled to hospitalization benefits under PhilHealth. Total disabled pensioners upon the effectivity of R.A.
7875 on March 4, 1995 and thereafter, are no longer covered except when they have accumulated one hundred
twenty (120) Medicare monthly contributions and have reached age sixty (60) .
However, those who wish to avail of PhilHealth benefits may enroll in the Individually-Paying Program
(for voluntary/self-employed) or the Indigent Program (IP) of PhilHealth.
Are the children of a disabled member entitled to the dependent's pension?
The dependent legitimate, legitimated, legally adopted and illegitimate children, conceived on or before the
date of contingency of a totally disabled pensioner will each receive a dependents pension equivalent to 10 per cent
of the members pension or P250, whichever is higher.
Only five minor-children, beginning from the youngest are entitled to the dependents pension. No
substitution is allowed. Where there are legitimate and illegitimate minor children, the legitimated or legally adopted
ones will be preferred.
The minor children of a partially disabled pensioner are not entitled to the dependents pension.
For how long will the dependent child receive his pension?
The dependents pension stops when the child reaches 21 years old, gets married, gets employed or dies.
However, the dependents pension is granted for life to children who are over 21 years old, provided, they are
incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during
minority.
What will happen to the monthly pension in case the pensioner gets re-employed, resumes self-
employment, recovers from his permanent total disability or his failure to present himself/herself for
examination upon notice by SSS?
The monthly pension of the member and the dependents pension will be suspended upon the
reemployment or resumption of self-employment or the recovery of the disabled member from permanent total
disability or failure to present himself/herself for examination at least once a year upon notice by SSS.
What will happen to the monthly pension of a disability pensioner in case of death?
Upon the death of the permanent total disability pensioner, the primary beneficiaries as of the date of
disability, shall be entitled to 100 per cent of the monthly pension and the dependents to the dependents pension.
If the totally disabled pensioner has no primary beneficiaries and dies within sixty (60) months from the
start of the monthly pension, the secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the
total monthly pensions corresponding to the balance of the five-year guaranteed period excluding the dependents
pension.
 The pension stops when a partial disability pensioner retires or dies.
What is the prescriptive period in filing disability claims?
The prescriptive period in the filing of disability benefit claim is ten (10) years from the date of occurrence
of disability.
5. DEATH AND FUNERAL. 29
What is the death benefit?
It is a cash benefit either in monthly pension or lump sum paid to the beneficiaries of a deceased member.
What are the types of death benefits?
They are:
1. the monthly pension; and
2. the lump sum amount.
The monthly pension is granted only to the primary beneficiaries of a deceased member who had paid 36
monthly contributions before the semester of death.
The lump sum is the amount granted to the primary beneficiaries of a deceased member who had paid less
than 36 monthly contributions before the semester of death. The secondary beneficiaries shall be entitled to a lump
sum benefit.
How much is the monthly pension?
The monthly pension depends on the members paid contributions, including the credited years of service
(CYS) and the number of dependent minor children but not to exceed five (5) .
The amount of monthly pension will be the highest of:
1. the sum of P300 plus 20 percent of the average monthly salary credit plus two percent of the average
monthly salary credit for each credited year of service (CYS) in excess of 10 years; or
2. 40 percent of the average monthly salary credit; or
3. P1,000 if the member had less than 10 credited years of service (CYS) ; P1,200 if with at least 10 CYS;
or P2,400 if with at least 20 CYS. The monthly pension is paid for not less than 60 months.
If the deceased member is survived by legitimate, legitimated, or legally adopted and illegitimate
children, how is the monthly pension divided?
If a deceased member is survived by less than five (5) minor legitimate, legitimated, or legally adopted
children, the illegitimate minor children will be entitled to 50 percent of the share of the legitimate, legitimated or
legally adopted children in the basic pension and 100 percent of the dependents' pension.
In cases where there are no legitimate, legitimated, or legally adopted children, the illegitimate minor
children shall be entitled to 100 percent of the basic pension.
How much is the lump sum death benefit?
The primary beneficiaries of a deceased member who has paid less than 36 monthly contributions shall be
entitled to lump sum benefit which shall be the higher of:
1) monthly pension times the number of monthly contributions paid prior to the semester of death; or
2) twelve (12) times the monthly pension.
The secondary beneficiaries of the deceased member shall be entitled to a lump sum benefit equivalent to:
a. 36 times the monthly pension; if the member has paid at least 36 monthly contributions prior to the
semester of death; or
b. monthly pension times the number of monthly contributions paid or twelve (12) times the monthly
pension, whichever is higher, if the member has paid less than 36 monthly contributions prior to the
semester of death.
 Is there anything else a deceased member's beneficiaries can avail of?
Yes, the deceased members beneficiaries are entitled to a 13 month pension payable every December and
th

the funeral benefit, which is paid to whoever, shouldered the funeral expenses of the deceased member.
Survivorship pensioners prior to the effectivity of R.A. 7875 30 on March 4, 1995 are also entitled to
hospitalization benefits under PhilHealth. They need to register under PhilHealth and must submit a DDR print-out
indicating the type of claim is survivorship in nature and the effectivity date of pension or a copy of
Death/Survivorship Certification issued by the SSS indicating the effectivity of the pension shall be submitted to
PhilHealth.
Survivorship pensioners under the effectivity of RA 7875 on March 4, 1995 and thereafter, are no longer
covered. However, those who wish to avail of PhilHealth benefits may enroll in the Individually-Paying Program
(for voluntary/self-employed) or the Indigent Program (IP) of PhilHealth.
If the deceased member has not paid any single contribution, are the beneficiaries still entitled to the
death and funeral benefits?
The primary or secondary beneficiaries of a deceased employee-member, who had no contribution
payment at all and who was reported for coverage shall be entitled to funeral benefit only.
Are the children of a deceased member entitled to the dependents' pension?
The dependent legitimate, legitimated, legally adopted or illegitimate children, conceived on or before the
date of death of a deceased will each receive a dependents pension equivalent to 10 percent of the members
monthly pension or P250, whichever is higher.
Only five (5) minor children, beginning from the youngest, are entitled to the dependents pension. No
substitution is allowed.
Where there are more than five (5) legitimate and illegitimate minor children, the legitimate shall be
preferred.
For how long will the dependent child receive his pension?
The dependents pension stops when the child reaches 21 years old, gets married, gets employed or dies.
However, the dependents pension is granted for life to children who are over 21 years old, provided they are
incapacitated and incapable of self-support due to physical or mental defect which is congenital and acquired during
minority.
What is the funeral grant?
A funeral grant of P20,000 (effective September 1, 2000) is given to whoever pays the burial expenses of
the deceased member or pensioner.

4.
BENEFICIARIES
1. PRIMARY BENEFICIARIES.
The following are primary beneficiaries:
1. The dependent spouse until he or she remarries;
2. The dependent legitimate, legitimated or legally adopted, and illegitimate children who are not yet
21 years of age.
The dependent illegitimate children shall be entitled to 50% of the share of the legitimate, legitimated
or legally adopted children. However, in the absence of the dependent legitimate, legitimated children
of the member, his/her dependent illegitimate children shall be entitled to 100% of the benefits
2. SECONDARY BENEFICIARIES.
The following are secondary beneficiaries:
 1. The dependent parents, in the absence of the primary beneficiaries.
2. Any other person designated by the member as his/her secondary beneficiary, in the absence of all the
foregoing primary beneficiaries and dependent parents.
II.
EMPLOYEES COMPENSATION BENEFITS
This is the second class of benefits under the SSS Law, the first being the social security benefits discussed
above. For purposes of discussing this topic in an orderly fashion, the same shall be presented under the topic D.
Employees compensation coverage and when compensable, infra.

------------oOo------------

Endnotes:

1 SSS website at https://www.sss.gov.ph/sss/index2.jsp?secid=107&cat=2&pg=null, Last accessed: May 20, 2014.

2 Section 30 (Social and Other Benefits) , Article IV, R.A. No. 10361.

3 SSS website at https://www.sss.gov.ph/sss/index2.jsp?secid=108&cat=2&pg=null, Last accessed: May 20, 2014.

4 Defined under Section 8(s) , R.A. No. 8282 as follows: Self-employed - Any person whose income is not derived
from employment, as defined under this Act, as well as those workers enumerated in Section Nine-A hereof.

5 Section 9-A, R.A. No. 8282; See also SSS website at

https://www.sss.gov.ph/sss/index2.jsp?secid=112&cat=2&pg=null, Last accessed: May 20, 2014.

6 Ibid.

7 Section 8(c) and (d) , R.A. No. 8282.

8 SSS website at https://www.sss.gov.ph/sss/index2.jsp?secid=113&cat=2&pg=null, Last accessed: May 20, 2014.

9 Id,

10 Id.

11 SSS website at https://www.sss.gov.ph/sss/index2.jsp?secid=114&cat=2&pg=null, Last accessed: May 20, 2014.

12 Section 10, R.A. No. 8282.

13 Id.

14 SSS website at https://www.sss.gov.ph/sss/index2.jsp?secid=114&cat=2&pg=null, Last accessed: May 20, 2014.

15 SSS website at https://www.sss.gov.ph/sss/index2.jsp?secid=113&cat=2&pg=null, Last accessed: May 20, 2014.

16 Section 11, R.A. No. 8282.

17 Section 11-A, R.A. No. 8282.

18 Section 8(c) , R.A. No. 8282.

19 Section 8(j) , R.A. No. 8282.

20 The discussion that follows is based on the information lifted from the SSS website at https://www.sss.gov.ph/ (Last
accessed: May 30, 2014) .

21 The discussion that follows is based on the information lifted from the SSS website at https://www.sss.gov.ph/ (Last
accessed: May 30, 2014) .

22 See also No. XI, DOLE Handbook on Workers Statutory Monetary Benefits.

23 Id.

24 Id.

25 The discussion that follows is based on the information lifted from the SSS website at https://www.sss.gov.ph/ (Last
accessed: May 30, 2014) .

26 This law is otherwise known as the National Health Insurance Act of 1995.

27 The discussion that follows is based on the information lifted from the SSS website at https://www.sss.gov.ph/ (Last
accessed: May 30, 2014) .

28 This law is otherwise known as the National Health Insurance Act of 1995.

29 The discussion that follows is based on the information lifted from the SSS website at https://www.sss.gov.ph/ (Last
accessed: May 30, 2014) .

30 This law is otherwise known as the National Health Insurance Act of 1995.