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SSS, GSIS, ECSIF

1. Policy Objectives
SSS

ECSIF

to establish, develop, promote and perfect a sound


and viable tax-exempt social security service
suitable to the needs of the people throughout the
Philippines which shall promote social justice and
provide meaningful protection to members and their
beneficiaries against the hazards of disability,
sickness, maternity, old age, death, and other
contingencies resulting in loss of income or
financial burden. S2 RA 8282

2. Employer
SSS
Any person, natural or juridical,
domestic or foreign, who carries
on in the Philippines any trade,
business, industry, undertaking,
or activity of any kind and uses
the services of another person
who is under his orders as regards
the employment
Exempt Employer
1. Government and any of
its political subdivisions,
branches or
instrumentalities,
including corporations
owned or controlled by
the Government
2. self-employed person
shall be both employee
and employer at the
same time.

The State shall promote and develop a tax-exempt


employees compensation program whereby
employees and their dependents, in the even of
work-connected disability or death, may promptly
secure adequate income benefit, and medical or
related benefits. Art 166 LC

GSIS

ECSIF

1.

Any person, natural or juridical,


employing the services of the
employee

2.

3.

The national government, its


political subdivisions,
branches agencies or
instrumentalities,
government-owned or
controlled corporations, and
financial institutions with
original charters,
constitutional commissions
and the judiciary;

3. Employee
SSS

GSIS

ECSIF

1.

1.

Any person compulsorily covered


by the GSIS under CA186, as
amended, including the members
of the AFP and any person
compulsorily covered by SSS
under RA 1161 as amended

Any person who performs


services for an employer in
which either or both mental
or physical efforts are used
and who receives
compensation for such
services, where there is an
employer-employee

2.

Any person, receiving


compensation while in the
service of an employer as
defined herein, whether by
election or appointment,
irrespective of status of
appointment,
barangay

2.

relationship
a self-employed person shall
be both employee and
employer at the same time.

3.

sanggunian officials

4. Dependent
SSS

GSIS

ECSIF

Spouse The legal spouse


entitled by law to receive support
from the member;

Spouse legitimate spouse


dependent for support upon the
member or pensioner

Spouse legitimate and living


with employee

Child legitimate, legitimated


or legally adopted, and
illegitimate child who is
unmarried, not gainfully
employed, and has not reached
twenty-one (21) years of age, or
if over twenty-one (21) years of
age, he is congenitally or while
still a minor has been
permanently incapacitated and
incapable of self-support,
physically or mentally

Child legitimate, legitimated,


legally adopted child, including
the illegitimate child, who is
unmarried, not gainfully
employed, not over the age of
majority, or is over the age of
majority but incapacitated and
incapable of self-support due to a
mental or physical defect
acquired prior to age of majority

Child legitimate, legitimated


or legally adopted, and
acknowledged natural child who
is unmarried, not gainfully
employed, and has not reached
twenty-one (21) years of age, or if
over twenty-one (21) years of
age, provided he is incapacitated
and incapable of self-support due
to physical or mental defect
which is congenital or acquired
during minority

Parent - parents dependent upon


the member for support;

Parent who is receiving regular


support from the member

5. Beneficiaries
SSS
Primary
1. dependent spouse until
he or she remarries
2. dependent legitimate,
legitimated or legally
adopted, and illegitimate
children
Secondary In the absence of
both primary, the dependent
parents
Others In the absence of all the
foregoing, any other person
designated by the member as
his/her secondary beneficiary.

Parent - parents dependent upon


the member for support;

GSIS

ECSIF

Primary The legal dependent


spouse until he/she remarries and
the dependent children;

Primary
1. dependent spouse until
he or she remarries
2. dependent, Provided that
the dependent natural
child shall be considered
as primary beneficiary
when there are no other
dependent children who
are qualified and eligible
for monthly income
benefit.

Secondary The dependent


parents and, subject to the
restrictions on dependent
children, the legitimate
descendants;

Secondary The dependent


parents and, subject to the
restrictions on dependent
children, the legitimate
descendants;

6. Coverage
SSS
Compulsory
1. all employees not over
sixty (60) years of age
and their employers.
2. domestic helpers, their
monthly income shall
not be less than One
thousand pesos
(P1,000.00) a month
3. self-employed persons
as may be determined by
the Commission under
such rules and
regulations as it may
prescribe, including but
not limited to the
following:
a. All selfemployed
professionals;
b. Partners and
single
proprietors of
businesses;
c. Actors and
actresses,
directors,
scriptwriters
and news
correspondents
who do not fall
within the
definition of the
term
"employee";
d. Professional
athletes,
coaches,
trainers and
jockeys; and
e. Individual
farmers and
fishermen.
EFFECTIVITY
For EE, on first day of
employment
For ER, on first day of
operations
For self-employed, upon
registration
Voluntary
1. Filipinos recruited by

GSIS

ECSIF

Compulsory
all employees receiving
compensation who have
not reached the
compulsory retirement
age, irrespective of
employment status
members of the judiciary
and constitutional
commissions qualify for
life insurance only

Compulsory
All employers and their
employees not over 60 yrs old

EXCEPT:
1.

2.

members of the AFP, PNP,


subject to the condition that
they must settle first their
financial obligation with the
GSIS,
contractuals who have no
EER with the agencies they
serve

-- members of the judiciary and


constitutional commissions
= who shall have life insurance
only

Provided, an employee who is


over 60 and paying contribution
to qualify for retirement or life
insurance benefits shall be subject
to compulsory coverage
(A168)
Foreign employment
Commission shall ensure
adequate coverage of Filipino
employees employed abroad
Compulsory coverage of the
employer shall take effect on the
first day of operation and that of
the employee on the date of his
employment (A170)

2.

3.

4.

foreign-based employers
for employment abroad
may be covered by the
SSS on a voluntary
basis.
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.
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
Spouses who devote full
time to managing the
household and family
affairs, unless they are
also engaged in other
vocation or employment
which is subject to
mandatory coverage

By Arrangement
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
Excluded employment:
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

5.

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
this Act 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
Such other services
performed by temporary
and other employees
which may be excluded
by regulation of the
Commission. Employees
of bona fide independent
contractors shall not be
deemed employees of
the employer engaging
the service of said
contractors.

7. Effect of separation from employment


SSS
Compulsorily covered and separated 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.

GSIS
A member separated from the service shall
continue to be a member, and shall be
entitled to whatever benefits he has
qualified to in the event of any contingency
compensable under this Act.

Self Employed realizes no income in any given


month
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:

8. Reporting Requirements
SSS

GSIS
Each covered self-employed person shall,
within thirty (30) days from the first day he
started the practice of his profession or
business operations register and report to
the SSS his name, age, civil status, and
occupation, average monthly net income
and his dependents

9. Funding
SSS
1.
2.

3.

employers contributions
employees
contributions
Note: Amount based on
salary brackets
Remittances - actual
remuneration for
employment, including
the mandated cost-ofliving allowance, as well
as the cash value of any
remuneration paid in any
medium other than cash
except that part of the
remuneration in excess
of the maximum salary
credit
Benefits prescribed in
this Act shall not be
diminished and to
guarantee that the
Government accepts
general responsibility for
the solvency of the SSS

employer shall report to the GSIS the


names of all its employees, their
corresponding employment status,
positions, salaries and such other pertinent
information

GSIS
1.
2.
3.

ECSIF
employers contributions
members contributions
Government guarantees
the fulfillment of the
obligation of GSIS to
members

1.
-

employer contribution
contribution shall be
paid in their entirety by
the employer and any
contract or device for the
deductions of any
portion thereof from the
wages or salaries of the
employees shall be null
and void

2.

Employee no
contribution

10. Effect of Non-Remittance


SSS
GSIS
The contributions
payable under this Act in
cases where an employer
refuses or neglects to
pay the same shall be
collected by the SSS in
the same manner as
taxes are made
collectible under the
National Internal
Revenue Code, as
amended. Failure or
refusal of the employer
to pay or remit the
contributions herein
prescribed shall not
prejudice the right of the
covered employee to the
benefits of the coverage.

11. Benefits
SSS
1.
2.
3.
4.
5.
6.
7.
8.

Monthly pension
Dependents Pension
Retirement
Death
Permanent Disability
Funeral
Sickness
Maternity limited only
to first 4 deliveries or
miscarriages.

ECSIF

Government guarantees the


fulfillment of the obligations of
the GSIS to its members as and
when they fall due

Failure or refusal of the employer


to pay or remit the contributions
shall not prejudice the right of the
employee or dependent to
benefits
If the sickness, injury or disability
or death occurs before the System
receives any report of the name of
his employee, the employer shall
be liable to the benefits to which
such employee or his dependents
may be entitled.

GSIS

ECSIF

All Members
1. Separation
2. Retirement
3. Disability
4. Life Insurance
5. Funeral
Note: All-Tax exempt
Judiciary and Const.
Comms entitled to life
insurance only.

1.
2.
3.
4.
5.
6.
7.
8.

Medical
Temporary total
disability
permanent total
disability
permanent partial
disability
death
funeral
second injury
deprivation of benefits

Note: All-Tax exempt

12. Basis of Claim


SSS
Non work connected
disability, sickness,
maternity, old age,
death, and other
contingencies resulting
in loss of income or
financial burden.

GSIS

ECSIF
Non work connected
disability, sickness,
death
Permanent disability
Upon occurrence of
contingency but GSIS
exempt from liability, if
permanent disability is
due to grave misconduct,

Work connected disability or


death
Except:
- employees intoxication
- wilfull intention to injure
himself or another
- notorious negligence
- otherwise provided by
law

notorious negligence,
habitual intoxication, or
willful intention to kill
himself or another.
Survivorship
Separation
Unemployment

13. Prescriptive Period


SSS

GSIS

The right to institute the


necessary action against
the employer may be
commenced within
twenty (20) years from
the time the delinquency
is known or the
assessment is made by
the SSS, or from the
time the benefit accrues,
as the case may be.

14. Exclusivity of Benefits


SSS

ECSIF
All claims for benefits
4 years from date of
contingency.
Exception: Life and
Retirement benefits.

GSIS

No claim for compensation shall


be given due course unless said
claim is filed with the System
within 3 years from the time the
cause of action accrued

ECSIF
Whenever other laws
provide similar benefits
for the same
contingencies covered
by this Act, the member
who qualifies to the
benefits shall have the
option to choose which
benefits will be paid to
him. However, if the
benefits provided by the
law chosen are less than
the benefits provided
under this Act, the GSIS
shall pay only the
difference.

Unless otherwise provided, the


liability of the State Insurance
Fund shall be exclusive and in
place of all other liabilities of the
employer to the employee
The payment of compensation
shall not bar the recovery of
benefits as provided for in other
laws whose benefits are
administered by the System or by
other agencies of government.

15. Benefit Protection


SSS

GSIS

ECSIF

Non-Transferability of Benefits. The SSS shall promptly pay the


benefits provided in this Act to
such persons as may be entitled

It is hereby declared to be the


policy of the State that the
actuarial solvency of the funds of
the GSIS shall be preserved and

No contract, regulation or devices


whatsoever shall operate to
deprive the employee or his
dependents of any part of the

thereto in accordance with the


provisions of this Act: Provided,
That the SSS shall pay the
retirement benefits on the day of
contingency to qualified members
who have submitted the necessary
documents at least six (6) months
before: Provided, further, That the
beneficiary who is a national of a
foreign country which does not
extend benefits to a Filipino
beneficiary residing in the
Philippines, or which is not
recognized by the Philippines,
shall not be entitled to receive
any benefit under this Act:
Provided, further, That
notwithstanding the foregoing,
where the best interest of the SSS
will be served, the Commission
may direct payments without
regard to nationality or country of
residence: Provided, further, That
if the recipient is a minor or a
person incapable of administering
his own affairs, the Commission
shall appoint a representative
under such terms and conditions
as it may deem proper: Provided,
further, That such appointment
shall not be necessary in case the
recipient is under the custody of
or living with the parents or
spouse of the member in which
case the benefits shall be paid to
such parents or spouse, as
representative payee of the
recipient. Such benefits are not
transferable and no power of
attorney or other document
executed by those entitled thereto
in favor of any agent, attorney or
any other person for the
collection thereof on their behalf
shall be recognized, except when
they are physically unable to
collect personally such benefits:
Provided, further, That in case of
death benefits, if no beneficiary
qualifies under this Act, said
benefits shall be paid to the legal
heirs in accordance with the law
of succession.
Exemption from Tax, Legal
Process and Lien. -- All laws to

maintained at all times and that


contribution rates necessary to
sustain the benefits under this Act
shall be kept as low as possible in
order not to burden the members
of the GSIS and their employers.
Taxes imposed on the GSIS tend
to impair the actuarial solvency
of its funds and increase the
contribution rate necessary to
sustain the benefits of this Act.
The GSIS, its assets, revenues
including all accruals thereto, and
benefits paid, shall be exempt
from all taxes, assessments, fees,
charges, or duties of all kinds.
These exemptions shall continue
unless expressly and specifically
revoked and any assessment
against the GSIS as of the
approval of this Act are hereby
considered paid.
All benefits paid 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.

income benefits and medical


related services granted under this
Title.
No claim for compensation under
this Title is transferable, or liable
to tax, attachment, garnishment,
levy or seizure by or under any
legal process whatsoever, either
before or after receipt by the
person or persons entitled thereto,
except to pay any debt of the
employee to the System.
No ageny, atty, or any other
person pursuing or in charge of
the preparation of filing of any
claim for benefit under this title
shall demand or charge for his
services any fee, and any
stipulation to the contrary shall be
void. The retention or deduction
of any amount from any benefit
granted under this Title for the
payment of fees of such services
is prohibited.

the contrary notwithstanding, the


SSS and all its assets and
properties, all contributions
collected and all accruals thereto
and income or investment
earnings therefrom as well as all
supplies, equipment, papers or
documents shall be exempt from
any tax, assessment, fee, charge,
or customs or import duty; and all
benefit payments made by the
SSS shall likewise be exempt
from all kinds of taxes, fees or
charges, and shall not liable to
attachments, garnishments, levy
or seizure by or under any legal
or equitable process whatsoever,
either before or after receipt by
the person or persons entitled
thereto, except to pay any debt of
the member to the SSS. No tax
measure of whatever nature
enacted shall apply to the SSS,
unless it expressly revokes the
declared policy of the State in
Section 2 hereof granting taxexemption to the SSS. Any tax
assessment imposed against the
SSS shall be null and void.
Fee of Agents, Attorneys, Etc. No agent, attorney or other
person in charge of the
preparation, filing or pursuing
any claim for benefit under this
Act shall demand or charge for
his services any fee, and any
stipulation to the contrary shall be
null and void. The retention or
deduction of any amount from
any benefit granted under this Act
for the payment of fees for such
services is prohibited: Provided,
however, That any member of the
Philippine Bar who appears as
counsel in any case heard by the
Commission shall be entitled to
attorneys fees not exceeding ten
percent (10%) of the benefits
awarded by the Commission,
which fees shall not be payable
before the actual payment of the
benefits, and any stipulation to
the contrary shall be null and
void.

16. Dispute Settlement


SSS
Disputes involving:
1. coverage
2. benefits
3. contributions
4. penalties
5. any other matter related
thereto
Agency Social Security
Commission
Decided within the mandatory
period of 20 days after the
submission of evidence
Decision final and executory 15
days after date of notification
Appeals:
CA laws and fact
SC laws
Execution of decision
Commission may motu propio or
on motion of any interested party,
issue a writ of execution to
enforce any of its decisions or
awards, after it has become final
and executory

GSIS

ECSIF

Any dispute arising under this


Act and any other laws
administered by the GSIS

Disputes involving:
1. coverage
2. benefits
3. contributions
4. penalties
5. any other matter related
thereto

Agency GSIS
Decide the case within 30 days
from the receipt of the hearing
officers findings and
recommendations or 30 days after
submission for decision
Appeals
CA- Rule 43
SC Rule 45
Appeals shall not stay the
execution of the order or award
unless ordered by the Board
Execution of decision when no
appeal is perfected and there is no
order to stay by the Board, CA or
SC, any decision or award shall
be enforced and executed in the
same manner as decisions of RTC

Agency GSIS or SSS as the


case may be, have original and
exclusive jurisd
Subject to appeal to the
Commission, which shall decide
appealed cases within 20 working
days from the submission of
evidence
Decision final and executory 10
days from notice
Review
Decisions, orders or resolutions
of the Commission may be
reviewed on certiorari by the SC
on questions of law upon petition
of an aggrieved party within 10
days from notice thereof.
Enforcement of Decisions
- all awards granted by the
Commission in cases
appealed from decisions
of the System shall be
effected within 15days
from receipt of notice
- in all other cases,
decisions, orders and
resolutions of the
Commission which have
become final and
executory shall be
enforced and executed in
the same manner as RTC
decisions.