SOCIAL WELFARE LEGISLATION COMPARATIVE CHART Basis Coverage Employee ECC Work-related illness or injury • • SSS Occurrence

of contingency whether or not work-connected Compulsory • all employees not over 60 years including: • domestics receiving at least P1,000 a month • Self-employed • individual farmers and fisherfolk • partners and sole-proprietors • actors/ actresses/ news correspondents/ scriptwriters • professional athletes, coaches, trainers and jockeys Voluntary • Overseas Filipino Workers • Spouse devoting full-time to managing household affairs (unless engages in vocation subject to mandatory coverage) • Employers in private sector • Any person who performs services for an employer in which physical and/or mental efforts are used and who receives compensation for such services, where GSIS Occurence of contingecy whether or not work-connected Compulsory • All persons who have not reached the compulsory retirement age, irrespective of employment status • EXCEPT: • members of AFP and PNP • contractuals who have no employer-employee relationship with agency serviced

Not over 60 years of age Over 60 years but paying contributions to qualify for retirement or life insurance

Employer Definition of employee

• • •

All employers (private or public) Any person compulsorily covered by GSIS or SS Any person employed as casual, emergency, temporary, substitute

All government agencies and instrumentalities, including GOCCs Any person receiving compensation while in the seervice of an employer, whether by election or appointment, irrespective of status of appointment, including barangay and sanggunian officials.

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business. however. Children get only 50% share of legitimate or adopted ones unless there are no legitimate or adopted children) Dependent parents NOTE -. branches. agencies or is\nstrumentalities.) • • Legal dependent spouse until he/she remarries Dependent children Beneficiaries Primary • • Dependent spouse until he remarries Dependent children • Secondary • • Dependent parents Illegitimate children and legitimate • • • Dependent parents Legitimate descendants.or contractual • Definition of employer Any person employing services of employee (whether in the public or private sector) there is an employer-employee relationship • Self-employed is both employer and employee • THE FOLLOWING. legally adopted or illegitimate children (Leg. are not considered employment: • Purely casual employment • Service on alien vessel outside Philippines • Government service • Service for foreign organization or government • Other services of temporary and other employees excluded by SSC Any person who carries on in the Philippines any trade. its political subdivisions. including GOCCs and financial institutions with original charters. subject to 2 .COMPENSATION is defined as: Basic pay or salary received excluding: • per diems • bonuses • OT pay • honoraria • allowances • other emoluments in addition to basic pay not integrated in basic pay The national government. the constitutional commissions and judiciary (It therefore relates to public sector employment. legitimated. industry or undertaking or activity and uses services of another who is under his orders as regards the employment EXCEPT government (or GOCCs) (It therefore relates only to private sector employment) • • Dependent spouse until he remarries Dependent legitimate.

legitimated. legally adopted or acknowledged natural child who is: • unmarried • not gainfully employed • not over 21 years of age or over 21 UNLESS he is incapable of self-support due to physical or mental defect which is congenital or acquired during minority Legitimate spouse living with employee Parents of employee wholly dependent on him for regular support Medical Benefits Rehabilitation services Temporary Total Disability Permanent Total Disability Permanent Partial Disability Death Benefit Funeral Benefit • • Any person designated as beneficiary by the employee Legitimate. legally adopted or illegitimate child who is: • unmarried • not gainfully employed • has not reached 21 years of age or over 21 UNLESS he is incapable of selfsupport due to physical or mental defect which is congenital or acquired during minority restrictions on dependent children Dependents • Legitimate.descendants (subject to restrictions on dependent children) • Tertiary • Legitimate. legally adopted or illegitimate child who is: • unmarried • not gainfully employed • is not over age of majority UNLESS he is incapable of self-support due to physical or mental defect acquired prior to age of majority Legitimate spouse dependent for support on member Parents dependent on member for support • • • Benefits • • • • • • • • • Legal spouse entitled by law to receive • support from member Parent who is receiving regular support from • member • • • • • • Sickness benefit Permanent Total Disability Permanent Partial Disability Death benefit Funeral benefit Retirement benefits • • • • • • • Temporary Total Disability Permanent Total Disability Permanent Partial Disability Survivorship benefit Funeral benefit Retirement benefits Separation benefit 3 . legitimated. legitimated.

Member meets ff: • has worked for at least 15 years. and • is not receiving monthly pension benefit from permanent total disability COMPULSORY .• Entitlement to retirement benefits NONE available Member has reached age of 60 or 65 separation unemployment or involuntary separation • Insurance • Compulsory • Optional OPTIONAL . • is at least 60 years of age at time of retirement.Member is 65 years with at least 15 years of service (if service is less than 15 years. he may be allowed to continue in accordance with Civil Service Rules and Regulations) • Complete loss of sight in both eyes • Loss of two limbs at or above the ankle or wrist • Permanent complete paralysis of two limbs • Brain injury resulting in incurable imbecility or insanity • Other cases determined by GSIS • • Disabilities deemed permanent total • • • • • • Temporary total disability lasting over 120 days Complete loss of sight in both eyes Loss of two limbs at or above the ankle or wrist Permanent complete paralysis of two limbs Brain injury resulting in incurable imbecility or insanity Other cases determined by Medical Director of SSS • • • • • Complete loss of sight in both eyes Loss of two limbs at or above the ankle or wrist Permanent complete paralysis of two limbs Brain injury resulting in incurable imbecility or insanity Other cases determined by SSS 4 .

limb.000 Complete and permanent loss of use of a digit. hearing in one or both ears. limb. cases: • intoxication • willful intent to injure or kill one’s self or another • notorious negligence Complete and permanent loss of use of a digit. or sight in one eye P12. ear (or both ears). cases: • grave misconduct • notorious negligence • willful intent to kill self or another • habitual intoxication Complete and permanent loss of use of a digit.000 (to be raised to P18.000 in year 2002) Employer and employee Legal and eligible claimant may still demand benefits. hearing in one or both ears. or sight in one eye P12.amount Who pays remittances? Notice requirement For all contingencies in the ff. limb. ear (or both ears). hearing in one or both ears.000 Effect of erroneous payment Dispute settlement Employer Employer and employee • Employee to notify employer within 5 • Employee to notify employer within 5 days days from injury or illness (unless from injury or illness (unless it is no it is no longer necessary under the longer necessary under the exceptions) exceptions) • Employer to notify SSS within 5 days from • Employer to record the same in notice logbook within 5 days from notice • Employer to notify SSS or GSIS within 5 days from recording in logbook SSS absolved unless notified of other claim prior to payment • • • • • File claim with SSS or GSIS Appeal to ECC Appeal to CA Appeal to SC May apply for same benefits under • • • • • File claim with SSS Appeal to Social Security Commission Appeal to CA Appeal to SC May apply for same benefits in EC. in the ff. or sight in one eye P10. without prejudice to right of GSIS to sue improper claimant • File claim with GSIS • Appeal to GSIS Board • Appeal to CA • Appeal to SC • Whenever other laws provide similar • Exclusiveness of 5 . ear (or both ears). if in For permanent disability.• System excused from liability • Disabilities deemed permanent partial Funeral Benefit .

CA case 6 . applying the Maao Sugar Central vs. May not receive benefits for same contingency under GSIS unless GSIS offers more (he may then receive deficiency) • benefits for the same contingencies. May apply for same benefits under GSIS.benefits • SSS. member who qualifies has option to choose. if in private sector. with respect to workconnected illness and injuries. if in public sector (applying Maao Sugar Central vs. he may get difference. If benefits chosen are less than under GSIS. CA case) • private sector. However. he may also recover in full under ECC.

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