Social Security Act of 1997 Government Service

(RA 8282) Insurance Act of 1997

(RA 8291)
WHO ARE COVERED 1. EMPLOYER- any 1. EMPLOYER- the
person, natural or national government ,
judicial, domestic or its political
foreign who carries on subdivisions,
in Philippines any branches and
trade, business, instrumentality,
industry undertaking including GOCCs,
or activity of any kind and financial
and uses the services institutions with
of another person original charters, the
who is under his constitutional
orders as regards commissions and the
employment. judiciary
*Exempt EMPLOYER- 2. EMPLOYEE- any
government and any of its person receiving
political subdivisions, compensation while in
branches and service of an
instrumentality, including employer as defined
GOCCs, i.e., those under herein, whether by
GSIS election or
2. EMPLOYEE- any appointment
person who performs
services for an
employer who
receives
compensation for
such services, where
there is an employer-
employee relationship
3. SELF-EMPLOYED-
considered both
employer and
employee
DEPENDENTS 1. Legal spouse entitled 1. Legal spouse
for support; entitled for
2. Child, whether support;
legitimate, legitimated 2. Child, whether
legally adopted or legitimate,
illegitimate legitimated legally
3. Parents dependent for adopted or
support illegitimate
3. Parents
dependent for
support
CONDITIONS FOR CHILD 1. Unmarried; 1. Unmarried;
TO BE CONSIDERED 2. Not gainfully 2. Not gainfully
DEPENDENT employed; employed;
3. Has not reached 21 3. Not over age of
years of age; or majority; or
4. Incapable of 4. Incapable of
supporting himself supporting himself
either physically or either physically
 mentally prior to 21 or mentally prior
years of age or age of to 21 years of age
majority, as the case or age of majority,
may be as the case may
be
BENEFICIARIES

1. Primary a. Dependent spouse a. Legal, dependent

until remarriage and spouse until
b. Dependent legitimate remarriage and
or legitimated or b. Dependent children
legally adopted and
illegitimate children

2. Secondary a. Dependent parents a. Dependent parents

b. Absent primary and and
secondary b. Legitimate
beneficiaries, any descendants subject
other person to restrictions on
designated by dependent children.
member as secondary Legitimate
beneficiary descendants
3. Others
As to death benefits, if no
beneficiary qualifies under
the Act, benefits shall be paid
to legal heirs in accordance
with Law of Succession
BENEFITS 1. Monthly Pension 1. All members
2. Dependents Pension a. Life insurance
3. Retirement b. Retirement
4. Death c. Disability
5. Permanent Disability d. Survivorship
6. Funeral e. Separation
7. Sickness f. Unemployment
8. Maternity (only first
four deliveries or 2. Judiciary
miscarriages) Life insurance only-
9. Loan Grant all tax exempt

COVERAGE

1. COMPULSORY a. All employees not Compulsory for all employees

over 60 years of age receiving compensation who
and their employers; have not reached compulsory
compulsory coverage retirement age, irrespective
of the employer shall of employment status
take effect on the first
day of his operation
and that of the
employee on the day
of his employment
b. Self-employed
persons as may be
 determined by the
Commission under
such rules and
regulations as it may
prescribe, including,
but limited to: all self-
employed
professionals;
partners and single-
proprietors of
business; actors and
actresses, directors,
scriptwriters and news
correspondents not
employees;
professional athletes,
coaches, trainers and
jockeys, and
individual farmers and
fishermen; upon their
registration with SSS
c. Domestic helpers
sixty years of age and
below with a monthly
income of not less
than P 1,000 on the
date of their
employment
d. Individual farmers and
2. VOLUNTARY fishermen under SSS
rules and regulations

a. Filipinos recruited by
foreign-based
employers for
employment abroad
b. Employee separated
from employment to
maintain his right to
full benefits
c. Self-employed who
realizes no income for
a certain month
d. Spouses who devote
full time managing
household and family
affairs unless
specifically mandatory
covered
EXCEPTIONS FROM 1. Employment purely 1. Members of AFP
COVERAGE casual and not 2. Members of PNP
purpose occupation, 3. Contractual
or business employer employees, who have
2. Service performed on no employer-
or in connection with employee relationship
alien vessel, if with the agency to
employed when such serve
vessel is outside of 4. Members of Judiciary
Philippines and constitutional
3. Employees of commissions: covered
Philippine by life insurance only
Government or
instrumentality or
agency thereof
4. Service performed in
the employ of a
foreign government,
or international
organizations, or
wholly owned
instrumentality
employing workers in
the Philippines or
employing Filipino
outside of the
Philippines
5. Services performed
by temporary
employees and other
employees excluded
by SSS regulation;
employees of bona
fide independent
contractors shall not
be deemed
employees of the
employer engaging
the services of an
independent
contractor
COMPENSATION All actual renumeration for The basic pay or salary
employment, including the received by an employee,
mandated cost-of-living pursuant to his
allowance, as well as the election/appointment,
cash value of any excluding per diems,
renumeration paid in any bonuses, overtime pay,
medium other than cash honoraria, allowances and
except that part of the any other emoluments
renumeration in excess of the received in addition to the
maximum salary credit. basic pay.
BASIS OF CLAIM Non-work connected
disability, sickness, maternity,
death and old age and other
contingencies resulting in
loss of income or financial
burden.
Work connected exempt from
liability where permanent
disability due to his grave
misconduct, habitual
intoxication, or wilful intention
to kill himself or another.

EFFECTS OF SEPARATION 1. Employer’s A member separated from

FROM EMPLOYMENT contribution on his the service shall continue to
account ceases be a member, and shall be
2. Employee’s obligation entitled to whatever benefits
to continue also he has qualified to in the
ceases at the end of event of any contingency
the month of compensable under this Act
separation
3. Employee shall be
credited with all
contributions paid on
his behalf and entitled
to benefits according
to the provisions of
this Act
REPORTING a. Employer: Employer:
REQUIREMENTS Report immediately to Report to GSIS the names,
SSS the names, employment status, positions,
ages, civil status, salaries of the employee and
occupations, salaries such other matter as
and dependents of all determined by the GSIS
his covered
employees
b. Self-employed:
Report to SSS within
30 days from the first
day of his operation,
his name, age, civil
status, occupation,
average monthly net
income and his
dependents

PRESCRIPTIVRE PERIOD 10 years from accrual of right 4 years from date of

of action contingency