SOCIAL

LEGISLATION
SOCIAL SECURIT Y S YS TEM
DEPENDENTS
1.  Legal spouse entitled to receive support
2.  Child (unmarried legitimate, legitimated, legally adopted, and
illegitimate child, not gainfully employed, 21 years old and
below [if over, must either be congenitally ill or while still a
minor has been permanently incapacitated and incapable of
self- support, physically or mentally]); and
3.  Parent receiving regular support
SOCIAL SECURIT Y S YS TEM
EMPLOYMENT

Any service performed by an employee

for his employer

EXCEPT
SOCIAL SECURIT Y S YS TEM
1.  Purely casual employment

2.  Service performed on or in connection with an

alien vessel outside the Philippines;

3.  S e r v i c e p e r f o r m e d i n t h e P h i l i p p i n e
Government or instrumentality or agency
thereof;
SOCIAL SECURIT Y S YS TEM
4. Employment in foreign government or international
organization, or their instrumentalities
EXCEPT: In an agreement with the Philippine Government for
the inclusion in the SSS
EXCEPTION TO THE EXCEPTION: Those already covered by
their respective civil service retirement systems
5. Other services performed by temporary and other employees
excluded by SSS regulations
SOCIAL SECURIT Y S YS TEM
BENEFICIARIES
1.  Dependent spouse until he or she remarries,
2.  Dependent children (legitimate, legitimated or legally adopted, and
illegitimate) who shall be the primary beneficiaries of the member
3.  In their absence, the dependent parents who shall be the secondary
beneficiaries of the member.
4.  In the absence of all of the foregoing, any other person designated by
the member as his/her secondary beneficiary.
SOCIAL SECURIT Y S YS TEM
COMPULSORY MEMBERSHIP
„  All employees not over sixty (60) years of age and their employers

„  Spouses who devote full time to managing the household and

family affairs, may be covered by the SSS on a voluntary basis.               

„  OFWs on a voluntary basis

„  Self-employed individuals
SOCIAL SECURIT Y S YS TEM

EFFECTIVE DATE OF COVERAGE

„  First day
„  Employer’s operation
„  Employment by the employee
„  Upon registration (self-employed)
SOCIAL SECURIT Y S YS TEM
FAILURE TO REMIT
„  Pay the contribution
„  Penalty of three percent (3%) per month from the
date the contribution falls due until paid

REFUSES OR NEGLECTS TO PAY

„  SSS shall collect
„  Employee still entitled to the benefits
SOCIAL SECURIT Y S YS TEM

NATURE OF THE FUND

Trust fund of the highest order

SOCIAL SECURIT Y S YS TEM
MATERNITY BENEFITS
„  Coverage
Female employee
Paid at least three (3) monthly contributions in the 12-month
period preceding the semester of childbirth, abortion or
miscarriage
60 days (normal delivery); 78 days (caesarian operation)
Only for the first four (4) deliveries or miscarriages
SOCIAL SECURIT Y S YS TEM
REMEDIES
„  Commission
Any disputes with respect to coverage, benefits, contributions and
penalties

Decision shall be final and executory 15 days after notification

Exhaustion of administrative remedies should be observed by the parties

Appeal to the Court of Appeals via Rule 43, then to the Supreme Court
via Rule 45
SSS VERSUS AZOTE
Only the legal spouse of the deceased member is qualified
to be the beneficiary of the latter’s SSS benefits

Although the SSC is not intrinsically empowered to

determine the validity of marriages, it is required by
Section 4(b)(7) of R.A. No. 8282 to examine available
statistical and economic data to ensure that the
benefits fall into the rightful beneficiaries
DY CA I CO V E R S U S S E S
The proviso “as of the date of his retirement” in Section 12-B(d) of
Rep. Act No. 8282 similarly violates the due process and equal
protection clauses of the Constitution.
Classifying dependent spouses and determining their entitlement to
survivor’s pension based on whether the marriage was contracted
before or after the retirement of the other spouse, regardless of the
duration of the said marriage, bears no relation to the achievement
of the policy objective of the law, i.e., “provide meaningful
protection to members and their beneficiaries against the hazard of
disability, sickness, maternity, old age, death and other contingencies
resulting in loss of income or financial burden.”
SSS VERSUS
R I Z A L P O U LT R Y
The mandatory coverage under the Social Security Act is
premised on the existence of an employer-employee
relationship

The illegal dismissal case before the NLRC involved an

inquiry into the existence or non-existence of an employer-
employee relationship. The very same inquiry is needed in
the SSC case.
A C T O F M I N I S T R AT I O N
Visayan Stevedore Transport Company v.
Workmen’s Compensation Commission
AL ANO VERSUS ECC
COMING AND GOING RULE

When an employee is accidentally injured at a

point reasonably proximate to the place at work,
while he is going to and from his work, such
injury is deemed to have arisen out of and in
the course of his employment
L AZO VERSUS ECC
COMING AND GOING RULE

Central Bank security guard, who was granted

permission to leave his post so he could bring home a
sack of rice and who met an accident along the way, is
entitled to workmen’s compensation under P.D. 626
GSIS VERSUS ALEGRE
24 hour duty
A.  Employee must be at the place where his work requires him to be;
B.  Must have been performing his official functions;
C.  If the injury is sustained elsewhere, the employee must have been
executing an order for the employer
The 24-hour duty doctrine should not be sweepingly applied to all
acts and circumstances causing the death of a police officer but only to
those which, although not on official line of duty, are nonetheless
basically police service in character.
G S I S V E R S U S C A PA C I T E
Compensability; Increased risk doctrine
For sickness and the resulting death of an employee to be
compensable, the claimant must show either:
1.  that it is a result of an occupational disease listed under Annex
“A” of the Amended Rules on Employees’ Compensation with the
conditions set therein satisfied; or
2.  if not so listed, that the risk of contracting the disease was
increased by the working conditions
GSIS
MEMBER

Any person receiving compensation while in the

service of an employer, whether by election or
appointment, irrespective of status of
appointment, including barangay and Sanggunian
officials
GSIS
DEPENDENT
1.  Legitimate spouse dependent for support upon the member or
pensioner;
2.  Children (legitimate, legitimated, legally adopted child, including the
illegitimate child) 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; and
3.  Parents dependent upon the member for support
GSIS
COMPULSORY MEMBERSHIP
All employees receiving compensation who have not reached the
compulsory retirement age, irrespective of employment status
EXCEPT
1.  members of the Armed Forces of the Philippines and the
Philippine National Police
2.  Members of the judiciary and constitutional commissions who
shall have life insurance only