Professional Documents
Culture Documents
JD 2
social legislation
Agrarian
reform
and
Coverage of Employees
a)
b)
c)
Coverage of Employers
a)
b)
3.
a)
self-employed professionals;
b)
c)
d)
e)
f)
Voluntary Coverage
1.
2.
employment
3.
country.
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 of the working spouses last posted monthly salary credit but in
no case shall it be lower than P1,000.
1.
legitimate spouse living with the employee at the time of death until
he/she remarries; and the
2.
during
minority;
provided
further,
that
dependent
2.
The legal beneficiaries of a member are the legally married dependent spouse
until he or she remarries, the dependent legitimate, legitimated or legally
adopted and illegitimate children, who shall be the primary beneficiaries.
If single, the benefits will go to the dependent parents who are considered the
secondary beneficiaries.
In the absence of both primary and secondary beneficiaries, any other person
designated by the member as the secondary beneficiary.
4. Who are the beneficiaries of the SSS member?
The legal beneficiaries of a member are the legally married dependent spouse
until he or she remarries, the dependent legitimate, legitimated or legally
adopted and illegitimate children, who shall be the primary beneficiaries.
If single, the benefits will go to the dependent parents who are considered the
secondary beneficiaries.
In the absence of both primary and secondary beneficiaries, any other person
designated by the member as the secondary beneficiary.
5. When does the coverage of employers take effect?
Effectivity of Compulsory Coverage
1. For an employer- on the first day the employer hires their first employee/s.
The employer is given 30 days from the date of employment of employee to report
the person for coverage to the SSS thru the Employment Report (SS Form R-1A).
Keep the duplicate copy of your SS Form E-1 (Personal Record) and give a
photocopy to your employer upon employment;
Verify with the nearest SSS office after 30 days from the date of your
employment if you are reported for SSS coverage by your employer;
Check your monthly pay slip to ensure that your share of contributions is
deducted and verify with the SSS if these are remitted in your favor by
your employer;
Register with My.SSS at the SSS website www.sss.gov.ph. This will enable
you to have online access to your SSS records such as your coverage,
contributions and status of your claims.
Inform your employer of any existing or newly approved salary loan so
that the monthly loan amortization is deducted from your salary; You may
also check through the My.SSS at the SSS website www.sss.gov.ph
whether your loan payments are updated. If you transfer to another
company, inform your employer of your existing loan so that deductions
can be made from your salary.
Keep your personal records such as address, contact number,
beneficiaries updated and correct by submitting a completed SS Form E-4
(Member's Data Amendment Form) together with the corresponding
supporting document/s to avoid delays in the processing of benefit claims;
and
Be aware of changes and improvements in the SSS policies and benefit
structure to fully utilize your benefits.
Or, the employer may opt to participate in the R3 Diskette Project which
allows the submission of the monthly summary of employees' contribution
thru a diskette or flash disk. This system is a better alternative to manual
reporting as it minimizes encoding errors and processing time.
During such time that the member fails to remit contributions, the benefits and
loan privileges provided by SSS can still be availed of for as long as the member
meets the qualifying conditions for entitlement thereto.
17.What is the nature of dependents pension?
A dependents Pension is a monthly pension payable on account of death,
permanent total disability or retirement.
18.How much is each dependent entitled to as Dependents Pension?
A member must open a single savings account in the bank of his choice and
submit to the SSS his savings account number and a photocopy of his
passbook or ATM Card upon filing of his application. The original copy of the
passbook must be presented for authentication purposes.
24. How many monthly contributions made by the member are required in order for
the beneficiaries to avail of the death benefits? What if the deceased member
has not paid the required monthly contributions?
Upon the death of a member who has paid at least thirtysix (36) monthly
contributions prior to the semester of death, his primary beneficiaries shall be
entitled to the monthly pension: Provided, That if he has no primary
beneficiaries, his secondary beneficiaries shall be entitled to a lump sum benefit
equivalent to thirtysix (36) times the monthly pension.
If he has not paid the required thirtysix (36) monthly contributions, his primary
or secondary beneficiaries shall be entitled to a lump sum benefit 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.
25.What is the nature of retirement benefits?
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.
26.How many monthly contributions made by the member are required in order for
the beneficiaries to avail of the said benefits? What if the member has not paid
the required monthly contributions?
At least 120 monthly contributions made by the member are required in order
for the beneficiaries to avail of the said benefits. If the member has not paid the
required monthly contributions and is separated from employment, he shall be
entitled to a lump sum benefit and not for monthly pension.
"SEC. 12B. Retirement Benefits. (a) A member who has paid at least one
hundred twenty (120) monthly contributions prior to the semester of retirement
and who (1) has reached the age of sixty (60) years and is already separated
from employment or has ceased to be selfemployed or (2) has reached the age
of sixtyfive (65) years, shall be entitled for as long as he lives to the monthly
pension: Provided, That he shall have the option to receive his first eighteen (18)
monthly pensions in lump sum discounted at a preferential rate of interest to be
determined by the SSS.
"(b) A covered member who is sixty (60) years old at retirement and who does
not qualify for pension benefits under paragraph (a) above, shall be entitled to a
lump sum benefit equal to the total contributions paid by him and on his behalf:
Provided, That he is separated from employment and is not continuing payment
of contributions to the SSS on his own.
27.What happens to the coverage of a member who has received a lump sum
benefit for permanent total disability and is re-employed?
The recipient of a lump sum permanent total disability who is re-employed or has
resumed self-employment or as an OFW or Non-working spouse, not earlier than
one year from the date of disability, shall again be subject to compulsory
coverage and shall be considered a new member.
29.What is the nature of a sickness benefit? What are the conditions in order for the
beneficiary to avail of this benefit?
A Sickness benefit is a daily compensation of confinement or fraction thereof
payable to a member who has paid at least three (3) monthly contributions in
the twelvemonth period immediately preceding the semester of sickness or
injury and is confined therefor for more than three (3) days in a hospital or
elsewhere with the approval of the SSS that is to be paid by his employer, or the
SSS, if such person is unemployed or selfemployed, a daily sickness benefit
equivalent to ninety percent (90%) of his average daily salary credit.
The abovementioned benefit is subject to the following conditions:
"(1) In no case shall the daily sickness benefit be paid longer than one hundred
twenty (120) days
in one (1) calendar year, nor shall any unused portion of the one hundred twenty
(120) days of sickness benefit granted under this section be carried forward and
added to the total number of compensable days allowable in the subsequent
year;
"(2) The daily sickness benefit shall not be paid for more than two hundred forty
(240) days on
account of the same confinement; and
"(3) The employee member shall notify his employer of the fact of his sickness or
injury within
five (5) calendar days after the start of his confinement unless such confinement
is in a hospital or the employee became sick or was injured while working or
within the premises of the employer in which case notification to the employer is
not necessary: Provided, That if the member is unemployed or selfemployed, he
shall directly notify the SSS of his confinement within five (5) calendar days after
the start thereof unless such confinement is in a hospital in which case
notification is also not necessary: Provided, further, That in cases where
notification is necessary, the confinement shall be deemed to have started not
earlier than the fifth day immediately preceding the date of notification. (Sec.14,
RA 8282)
30.What is the effect where the employee member has given the required
notification but the employer fails to notify the SSS of the confinement or to file
claim for reimbursement within the period prescribed resulting in the reduction
of the benefit or denial of the claim?
Where the employee member has given the required notification but the
employer fails to notify the SSS of the confinement or to file the claim for
reimbursement within the period prescribed in this section resulting in the
reduction of the benefit or denial of the claim such employer shall have no right
to recover the corresponding daily allowance he advanced to the employee
member as required in this Section. (Sec.14 (b), RA 8282)
31.What is the nature of a maternity leave benefit? What the conditions in order for
the beneficiary to avail of this benefit? How much is the member entitled to
receive?
The following are the conditions in order for the beneficiary to avail of this
benefit:
"(a) That the employee shall have notified her employer of her pregnancy
and the probable date of her childbirth, which notice shall be transmitted to the SSS
in accordance with the rules and regulations it may provide;
"(b) The full payment shall be advanced by the employer within thirty (30)
days from the filing of the maternity leave application;
"(c) That payment of daily maternity benefits shall be a bar to the recovery
of sickness benefits provided by this Act for the same period for which daily
maternity benefits have been received;
"(d) That the maternity benefits provided under this section shall be paid
only for the first four (4) deliveries or miscarriages;
"(e) That the SSS shall immediately reimburse the employer of one hundred
percent (100%) of the amount of maternity benefits advanced to the employee by
the employer upon receipt of satisfactory proof of such payment and legality
thereof; and
"(f) That if an employee member should give birth or suffer miscarriage
without the required contributions having been remitted for her by her employer to
the SSS, or without the latter having been previously notified by the employer of the
time of the pregnancy, the employer shall pay to the SSS damages equivalent to
the benefits which said employee member would otherwise have been entitled to.
32.What is the effect if the employer member should give birth or suffer miscarriage
without the required contributions having been remitted by the employer to the
SSS, or without the latter having been previously notified by the employer of the
time of the pregnancy?
The employer shall pay damages equivalent to the benefits which said employee
would otherwise be entitled to.
Sec 14-A: "(f) That if an employee member should give birth or suffer
miscarriage without the required contributions having been remitted for her by
her employer to the SSS, or without the latter having been previously notified by
the employer of the time of the pregnancy, the employer shall pay to the SSS
damages equivalent to the benefits which said employee member would
otherwise have been entitled to.
For employers
a)
Household-helper
employers
who
pay
through
the
Automatic
Debit
th
Arrangement system deducted from their bank accounts on or before the 10 day
after the applicable month.
c)
payment at SSS or accredited banks on or before the 10 th day after the applicable
month.
In case the last day of payments falls on Saturday, Sunday or holiday, payments
may be made without penalty on the next working day. This rule shall be made
applicable to all types of payors, i.e. employer, employee, selfemployed and
voluntary members and to all types of payments, i.e. contribution, loan
amortization and miscellaneous payments.
2.
a)
who pay through the Automatic Debit Arrangement (ADA) deducted from the
bank account on or before the 10th day after the applicable month.
b)
Self-employed and voluntary members who pay over the counter payment
given year may be paid up to December 31 within the same year. Contributions
for the months of October to December of a given year may be paid on or before
January 31 of the succeeding year.
34.Who has exclusive and original jurisdiction over the claims with respect to
coverage, benefits, contributions and penalties thereon or any other matter
related thereto?
Any dispute arising under this Act with respect to coverage, benefits,
contributions and penalties thereon or any other matter related thereto, shall be
cognizable by the Commission, and any case filed with respect thereto shall be
heard by the Commission, or any of its members, or by hearing officers duly
authorized by the Commission and decided within the mandatory period of
twenty (20) days after the submission of the evidence. The filing, determination
and settlement of disputes shall be governed by the rules and regulations
promulgated by the Commission. (Sec.5 (a), RA 8282)
35.When does the decision of the Commission become final and executor?
Any decision of the Commission, in the absence of an appeal therefrom as herein
provided, shall become final and executory fifteen (15) days after the date of
notification, and judicial review thereof shall be permitted only after any party
claiming to be aggrieved thereby has exhausted his remedies before the
Commission. The Commission shall be deemed to be a party to any judicial action
involving any such decision, and may be represented by an attorney employed by
the Commission, or when requested by the Commission, by the Solicitor General or
any public prosecutor.
(a) Whoever, for the purpose of causing any payment to be made under this Act, or
under an agreement thereunder, where none is authorized to be paid, shall make or
cause to be made false statement or representation as to any compensation paid or
received, or whoever makes or causes to be made any false statement of a material
fact in any claim for any benefit payable under this Act, or application for loan with t
he SSS, or whoever makes or causes to be made any false statement, representatio
n, affidavit or document in connection with such claim or loan, shall suffer the penal
ties provided for in Article One hundred seventytwo of the Revised Penal Code.
(b) Whoever shall obtain or receive any money or check under this Act or any agree
ment thereunder, without being entitled thereto with intent to defraud any member,
employer or the SSS, shall be fined not less than Five thousand pesos (P5,000.00) n
or more than Twenty thousand pesos (P20,000.00) and imprisoned for not less than
six (6) years and one (1) day nor more than twelve (12) years.
(c) Whoever buys, sells, offers for sale, uses, transfers or takes or gives in exchange
, or pledges
or gives in pledge, except as authorized in this Act or in regulations made pursuant t
hereto, any stamp, coupon, ticket, book or other device, prescribed pursuant
to
Section
Twentythree
hereof
by
the
Commission for the collection or payment of contributions required herein, shall be
fined not less than
Five thousand pesos (P5,000.00) nor more than twenty thousand pesos (P20,000.00
), or imprisoned for
not less than six (6) years and one (1) day nor more than twelve (12) years, or both,
at the discretion of the court.
(d) Whoever, with intent to defraud, alters, forges, makes or counterfeits any stamp,
coupon, ticket, book or other device prescribed by the Commission for the
collection
or
payment
of
any
contribution required herein, or uses, sells, lends, or has in his possession any such
altered, forged or
counterfeited materials, or makes, uses, sells or has in his possession any such alter
ed, forged material
in imitation of the material used in the manufacture of such stamp, coupon, ticket, b
ook or other device, shall be fined not less than Five thousand pesos (P5,000.00) no
r more than Twenty thousand pesos
(P20,000.00), or imprisoned for not less than six (6) years and one (1) day nor more
than twelve (12) years, or both, at the discretion of the court.
(e) Whoever fails or refuses to comply with the provisions of this Act or with the rule
s and regulations promulgated by the Commission, shall be punished by a fine of no
t less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (
P20,000.00), or imprisonment for not less than six (6) years and one (1) day nor mo
re than twelve (12) years or both, at the discretion of the court: Provided, That wher
e the violation consists in failure or refusal to register employees or himself, in case
of the covered selfemployed, or to deduct contributions from the employees' comp
ensation and remit the same to the
SS, the penalty shall be a fine of not less than Five thousand pesos (P5,000.00) nor
more than Twenty thousand pesos (P20,000.00) and imprisonment for not less than
six (6) years and one (1) day nor more than twelve (12) years.
(f) If the act or omission penalized by this Act be committed by an association, partn
ership,
corporation or any other institution, its managing head, directors or partners shall b
e liable to the penalties provided in this Act for the offense.
(g) Any employee of the SSS who receives or keeps funds or property belonging, pa
yable or deliverable
to the SSS and who shall appropriate the same, or shall take or misappropriate, or s
hall consent or through abandonment or negligence shall permit any other person t
o take such property or funds, wholly or partially, or shall otherwise be guilty of mis
appropriation of such funds or property, shall suffer the penalties provided in Article
Three Hundred Fifteen of the Revised Penal Code.
(h) Any employer who after deducting the monthly contribution or loan amortization
s from his
employee's compensation, fails to remit the said deductions to the SSS within thirty
(30) days from the date they became due shall be presumed to have
misappropriated
such
contributions
or
loan
amortizations and shall suffer the penalties provided in Article Three Hundred Fiftee
n of the Revised Penal Code.
(i) Criminal action arising from a violation of the provisions of this Act may be comm
enced by the
SSS or the employee concerned either under this Act or in appropriate cases under t
he Revised Penal
Code: Provided, That such criminal action may be filed by the SSS in the city or mun
icipality where the
SSS office is located if the violation was committed within its territorial jurisdiction o
r in Metro Manila, at the option of the SSS.