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Social legislation gsis law

THE GOVERNMENT SERVICE INSURANCE SYSTEM ACT OF "(h) Secondary beneficiaries- The dependent parents and,
1997 subject to the restrictions on dependent children, the
legitimate descendants;
REPUBLIC ACT NO. 8291
"(i) Compensation- The basic pay or salary received by an
AN ACT AMENDING PRESIDENTIAL DECREE NO. 1146, AS employee, pursuant to his election/appointment, excluding
AMENDED, EXPANDING AND INCREASING THE COVERAGE per diems, bonuses, overtime pay, honoraria, allowances and
AND BENEFITS OF THE GOVERNMENT SERVICE INSURANCE any other emoluments received in addition to the basic pay
SYSTEM, INSTITUTING REFORMS THEREIN AND FOR OTHER which are not integrated into the basic pay under existing
PURPOSES. laws;

"(j) Contribution- The amount payable to the GSIS by the


member and the employer in accordance with Section 5 of
SECTION 1. Presidential Decree No. 1146, as amended, this Act;
otherwise known as the "Revised Government Service
Insurance Act of 1977", is hereby further amended to read as "(k) Current Daily Compensation- The actual daily
follows: compensation or the actual monthly compensation divided
by the number of working days in the month of contingency
"SECTION 1. Title. -The title of this Act shall be: "The but not to exceed twenty-two (22) days;
Government Service Insurance System Act of 1997."
"(l) Average Monthly Compensation (AMC)- The quotient
"A. DEFINITIONS arrived at after dividing the aggregate compensation received
by the member during his last thirty-six (36) months of
"SEC. 2. Definition of terms.- Unless the context otherwise service preceding his separation/retirement/ disability/death
indicates, the following terms shall mean: by thirty-six (36), or by the number of months he received
such compensation if he has less than thirty-six (36) months
"(a) GSIS- The Government Service Insurance System created of service: Provided, That the average monthly compensation
by Commonwealth Act No. 186; shall in no case exceed the amount and rate as may be
respectively set by the Board under the rules and regulations
implementing this Act as determined by the actuary of the
"(b) Board- The Board of Trustees of the Government Service
GSIS: Provided, further, That initially the average monthly
Insurance System;
compensation shall not exceed Ten thousand pesos
(P10,000.00), and premium shall be nine percent (9%) and
"(c) Employer- The national government, its political
twelve percent (12%) for employee and employer covering
subdivisions, branches, agencies or instrumentalities,
the AMC limit and below and two percent (2%) and twelve
including government-owned or controlled corporations, and
percent (12%) for employee and employer covering the
financial institutions with original charters, the constitutional
compensation above the AMC limit;
commissions and the judiciary;
"(m) Revalued average monthly compensation- An amount
"(d) Employee or Member- Any person receiving
equal to one hundred seventy percent (170%) of the first One
compensation while in the service of an employer as defined
thousand pesos (P1,000.00) of the average monthly
herein, whether by election or appointment, irrespective of
compensation plus one hundred percent (100%) of the
status of appointment, including barangay and Sanggunian
average monthly compensation in excess of One thousand
officials;
pesos (P1,000.00);

"(e) Active Member- A member who is not separated from


"(n) Lump sum- The basic monthly pension multiplied by sixty
the service;
(60);

"(f) Dependents- Dependents shall be the following: (a) the


"(o) Pensioner- Any person receiving old-age permanent total
legitimate spouse dependent for support upon the member
disability pension or any person who has received the lump
or pensioner; (b) the legitimate, legitimated, legally adopted
sum excluding one receiving survivorship pension benefits as
child, including the illegitimate child, who is unmarried, not
defined in Section 20 of this Act;
gainfully employed, not over the age of majority, or is over
the age of majority but incapacitated and incapable of self-
"(p) Gainful Occupation- Any productive activity that provided
support due to a mental or physical defect acquired prior to
the member with income at least equal to the minimum
age of majority; and (c) the parents dependent upon the
compensation of government employees;
member for support;
"(q) Disability- Any loss or impairment of the normal
"(g) Primary beneficiaries- The legal dependent spouse until
functions of the physical and/or mental faculty of a member
he/she remarries and the dependent children;
which reduces or eliminates his/her capacity to continue with

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his/her current gainful occupation or engage in any other II. Over the Maximum
gainful occupation; AMC Limit

"(r) Total Disability- Complete incapacity to continue with his -Up to the Maximum
present employment or engage in any gainful occupation due AMC Limit 9.0% 12.0%
to the loss or impairment of the normal functions of the
physical and/or mental faculties of the member; -In Excess of the
AMC Limit 2.0% 12.0%
"(s) Permanent Total Disability- Accrues or arises when
recovery from the impairment mentioned in Section 2 (Q) is "Members of the judiciary and constitutional commissioners
medically remote; shall pay three percent (3%) of their monthly compensation
as personal share and their employers a corresponding three
"(t) Temporary Total Disability- Accrues or arises when the percent (3%) share for their life insurance coverage.
impaired physical and/or mental faculties can be
rehabilitated and/or restored to their normal functions; "(b) The employer shall include in its annual appropriation
the necessary amounts for its share of the contributions
"(u) Permanent Partial Disability- Accrues or arises upon the indicated above, plus any additional premiums that may be
irrevocable loss or impairment of certain portion/s of the required on account of the hazards or risks of its employees
physical faculties, despite which the member is able to occupation.
pursue a gainful occupation.
"(c) It shall be mandatory and compulsory for all employers to
"B. MEMBERSHIP IN THE GSIS include the payment of contributions in their annual
appropriations. Penal sanctions shall be imposed upon
"SEC. 3. Compulsory Membership. - Membership in the GSIS employers who fail to include the payment of contributions in
shall be compulsory for all employees receiving their annual appropriations or otherwise fail to remit the
compensation who have not reached the compulsory accurate/exact amount of contributions on time, or delay the
retirement age, irrespective of employment status, except remittance of premium contributions to the GSIS. The heads
members of the Armed Forces of the Philippines and the of offices and agencies shall be administratively liable for
Philippine National Police, subject to the condition that they non-remittance or delayed remittance of premium
must settle first their financial obligation with the GSIS, and contributions to the GSIS.
contractuals who have no employer and employee
relationship with the agencies they serve. "SEC. 6. Collection and Remittance of Contributions. - (a) The
employer shall report to the GSIS the names of all its
"Except for the members of the judiciary and constitutional employees, their corresponding employment status,
commissions who shall have life insurance only, all members positions, salaries and such other pertinent information,
of the GSIS shall have life insurance, retirement, and all other including subsequent changes therein, if any, as may be
social security protections such as disability, survivorship, required by the GSIS; the employer shall deduct each month
separation, and unemployment benefits. from the monthly salary or compensation of each employee
the contribution payable by him in accordance with the
"SEC. 4. Effect of Separation from the Service. - A member schedule prescribed in the rules and regulations
separated from the service shall continue to be a member, implementing this Act.
and shall be entitled to whatever benefits he has qualified to
in the event of any contingency compensable under this Act. "(b) Each employer shall remit directly to the GSIS the
employees and employers contributions within the first ten
(10) days of the calendar month following the month to
which the contributions apply. The remittance by the
"C. SOURCES OF FUNDS employer of the contribution to the GSIS shall take priority
over and above the payment of any and all obligations,
"SEC. 5. Contributions. - (a) It shall be mandatory for the except salaries and wages of its employees.
member and employer to pay the monthly contributions
specified in the following schedule: "SEC. 7. Interest on Delayed Remittances. - Agencies which
delay the remittance of any and all monies due the GSIS shall
"Monthly Compensation Percentage of Monthly be charged interests as may be prescribed by the Board but
Compensation not less than two percent (2%) simple interest per month.
Payable by Such interest shall be paid by the employers concerned.
Member Employer
"SEC. 8. Government Guarantee. - The government of the
I. Maximum Average Republic of the Philippines hereby guarantees the fulfillment
Monthly Compensation of the obligations of the GSIS to its members as and when
(AMC) Limit and Below 9.0% 12.0% they fall due.

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"D. BENEFITS monthly pension payable monthly for life upon reaching the
age of sixty (60): Provided,that the member resigns or
"SEC. 9. Computation of the Basic Monthly Pension. - (a) The separates from the service after he has rendered at least
basic monthly pension is equal to: fifteen (15) years of service and is below sixty (60) years of
age at the time of resignation or separation.
"1) thirty-seven and one-half percent (37.5%) of the revalued
average monthly compensation; plus "SEC. 12. Unemployment or Involuntary Separation Benefits. -
Unemployment benefits in the form of monthly cash
"2) two and one-half percent (2.5%) of said revalued average payments equivalent to fifty percent (50%) of the average
monthly compensation for each year of service in excess of monthly compensation shall be paid to a permanent
(15) years:Provided, That the basic monthly pension shall not employee who is involuntarily separated from the service due
exceed ninety percent (90%) of the average monthly to the abolition of his office or position usually resulting from
compensation. reorganization: Provided, That he has been paying integrated
contributions for at least one (1) year prior to separation.
"(b) The basic monthly pension may be adjusted upon the Unemployment benefits shall be paid in accordance with the
recommendation of the President and General Manager of following schedules:
the GSIS and approved by the President of the Philippines in
accordance with the rules and regulations prescribed by the "Contributions Made Benefit
GSIS: Provided, however, that the basic monthly pension shall Duration
not be less than One thousand and three hundred pesos
(P1,300.00): Provided, further, that the basic monthly pension 1 year but less than 3 years 2 months
for those who have rendered at least twenty (20) years of 3 or more years but less than 6 years 3 months
service after the effectivity of this Act shall not be less than 6 or more years but less than 9 years 4 months
Two thousand four hundred pesos (P2,400.00) a month. 9 or more years but less than 11 years 5 months
11 or more years but less than 15 years 6 months
"SEC. 10. Computation of Service. - (a) The computation of
service for the purpose of determining the amount of "The first payment shall be equivalent to two (2) monthly
benefits payable under this Act shall be from the date of benefits. A seven-day (7) waiting period shall be imposed on
original appointment/election, including periods of service at succeeding monthly payments.
different times under one or more employers, those
performed overseas under the authority of the Republic of "All accumulated unemployment benefits paid to the
the Philippines, and those that may be prescribed by the GSIS employee during his entire membership with the GSIS shall
in coordination with the Civil Service Commission. be deducted from voluntary separation benefits.

"(b) All service credited for retirement, resignation or "The GSIS shall prescribe the detailed guidelines in the
separation for which corresponding benefits have been operationalization of this section in the rules and regulations
awarded under this Act or other laws shall be excluded in the implementing this Act.
computation of service in case of reinstatement in the service
of an employer and subsequent retirement or separation "RETIREMENT BENEFITS
which is compensable under this Act.
"SEC. 13. Retirement Benefits. - (a) Retirement benefits shall
"For the purpose of this section, the term service shall include be:
full-time service with compensation: Provided, that part-time
and other services with compensation may be included under "(1) the lump sum payment as defined in this Act payable at
such rules and regulations as may be prescribed by the GSIS. the time of retirement plus an old-age pension benefit equal
to the basic monthly pension payable monthly for life,
"SEPARATION BENEFITS starting upon expiration of the five-year (5) guaranteed
period covered by the lump sum; or
"SEC. 11. Separation Benefits. - The separation benefits shall
consist of: (a) a cash payment equivalent to one hundred "(2) cash payment equivalent to eighteen (18) months of his
percent (100%) of his average monthly compensation for basic monthly pension plus monthly pension for life payable
each year of service he paid contributions, but not less than immediately with no five-year (5) guarantee.
Twelve thousand pesos (P12,000) payable upon reaching sixty
(60) years of age upon separation, whichever comes "(b) Unless the service is extended by appropriate authorities,
later: Provided, that the member resigns or separates from retirement shall be compulsory for an employee of sixty-five
the service after he has rendered at least three (3) years of (65) years of age with at least fifteen (15) years of
service but less than fifteen (15) years; or service: Provided, That if he has less than fifteen (15) years of
service, he may be allowed to continue in the service in
"(b) a cash payment equivalent to eighteen (18) times his accordance with existing civil service rules and regulations.
basic monthly pension at the time of resignation or
separation, plus an old-age pension benefit equal to the basic

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"SEC. 13-A. Conditions for Entitlement. - A member who "(1) he is reemployed; or


retires from the service shall be entitled to the retirement
benefits enumerated in paragraph (a) of Section 13 "(2) he recovers from his disability as determined
hereof: Provided, That: by the GSIS, whose decision shall be final and
binding; or
(1) he has rendered at least fifteen years of service;
"(3) he fails to present himself for medical
(2) he is at least sixty (60) years of age at the time of examination when required by the GSIS.
retirement; and
"(d) The following disabilities shall be deemed total and
(3) he is not receiving a monthly pension benefit from permanent:
permanent total disability.

"SEC. 14. Periodic Pension Adjustment. - The monthly pension "(1) complete loss of sight of both eyes;
of all pensioners including all those receiving survivorship
pension benefits shall be periodically adjusted as may be "(2) loss of two (2) limbs at or above the ankle or
recommended by the GSIS actuary and approved by the wrist;
Board in accordance with the rules and regulations prescribed
by the GSIS. "(3) permanent complete paralysis of two (2) limbs;

"PERMANENT DISABILITY BENEFITS "(4) brain injury resulting in incurable imbecility or


insanity; and
"SEC. 15. General Conditions for Entitlement. - A member who
suffers permanent disability for reasons not due to his grave "(5) such other cases as may be determined by the
misconduct, notorious negligence, habitual intoxication, or GSIS.
willful intention to kill himself or another, shall be entitled to
the benefits provided for under Sections 16 and 17
immediately following, subject to the corresponding "SEC. 17. Permanent Partial Disability Benefits. - (a) If the
conditions thereof. disability is partial, he shall receive a cash payment in
accordance with a schedule of disabilities to be prescribed by
"SEC. 16. Permanent Total Disability Benefits. - (a) If the the GSIS: Provided, That he satisfies either conditions (1) or
permanent disability is total, he shall receive a monthly (2) of Section 16 (a);
income benefit for life equal to the basic monthly pension
effective from the date of disability: Provided, That: "(b) The following disabilities shall be deemed permanent
partial:
(1) he is in the service at the time of disability; or
"(1) complete and permanent loss of the use of:
(2) if separated from the service, he has paid at least thirty-six
(36) monthly contributions within the five (5) year period (i) any finger
immediately preceding disability, or has paid a total of at (ii) any toe
least one hundred eighty (180) monthly contributions, prior (iii) one arm
to his disability: Provided, further, That if at the time of (iv) one hand
disability, he was in the service and has paid a total of at least (v) one foot
one hundred eighty (180) monthly contributions, in addition (vi) one leg
to the monthly income benefit, he shall receive a cash (vii) one or both ears
payment equivalent to eighteen (18) times his basic monthly (viii) hearing of one or both ears
pension: Provided, finally, That a member cannot enjoy the (ix) sight of both eyes
monthly income benefit for permanent disability and the old-
age retirement simultaneously.
"(2) such other cases as my be determined by the
"(b) If a member who suffers permanent total disability does GSIS.
not satisfy conditions (1) and (2) in paragraph (a) of this
section but has rendered at least three (3) years of service at "TEMPORARY DISABILITY BENEFITS
the time of his disability, he shall be advanced the cash
payment equivalent to one hundred percent (100%) of his "SEC. 18. Temporary Total Disability Benefits. - (a) A member
average monthly compensation for each year of service he who suffers temporary total disability for reasons not due to
paid contributions, but not less than Twelve thousand pesos any of the conditions enumerated in Section 15 hereof shall
(P12,000.00) which should have been his separation benefit. be entitled to seventy-five percent (75%) of his current daily
compensation for each day or fraction thereof of temporary
"(c) Unless the member has reached the minimum retirement disability benefit not exceeding one hundred twenty (120)
age, disability benefit shall be suspended when: days in one calendar year after exhausting all his sick leave

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credits and collective bargaining agreement sick leave (ii) if separated from the service, has at
benefits, if any, but not earlier than the fourth day of his least three (3) years of service at the time
temporary total disability: Provided, That: of his death and has paid thirty-six (36)
monthly contributions within the five-
"(1) he is in the service at the time of his disability; year period immediately preceding his
or death; or has paid a total of at least one
hundred eighty (180) monthly
"(2) if separated, he has rendered at least three (3) contributions prior to his death; or
years of service and has paid at least six (6) monthly
contributions in the twelve-month period (2) the survivorship pension plus a cash payment
immediately preceding his disability. equivalent to one hundred percent (100%) of his
average monthly compensation for every year of
"Provided, however, That a member cannot enjoy the service: Provided, That the deceased was in the
temporary total disability benefit and sick leave pay service at the time of his death with at least three
simultaneously:Provided, further, That if the disability (3) years of service; or
requires more extensive treatment that lasts beyond one
hundred twenty (120) days, the payment of the temporary (3) a cash payment equivalent to one hundred
total disability benefit may be extended by the GSIS but not percent (100%) of his average monthly
to exceed a total of two hundred forty (240) days. compensation for each year of service he paid
contributions, but not less than Twelve thousand
"(b) The temporary total disability benefit shall in no case be pesos (P12,000.00): Provided, That the deceased
less than Seventy pesos (P70.00) a day. has rendered at least three (3) years of service prior
to his death but does not qualify for the benefits
"(c) The notices required of the member and the employer, under item (1) or (2) of this paragraph.
the mode of payment, and the other requirements for
entitlement to temporary total disability benefits shall be (b) The survivorship pension shall be paid as follows:
provided in the rules and regulations to be prescribed by the
GSIS. (1) when the dependent spouse is the only survivor,
he/she shall receive the basic survivorship pension
"SEC. 19. Non-scheduled Disability. - For injuries or illnesses for life or until he/she remarries;
resulting in a disability not listed in the schedule of
partial/total disability provided herein, the GSIS shall (2) when only dependent children are the survivors,
determined the nature of the disability and the they shall be entitled to the basic survivorship
corresponding benefits therefor. pension for as long as they are qualified, plus the
dependent childrens pension equivalent to ten
"SURVIVORSHIP BENEFITS percent (10%) of the basic monthly pension for
every dependent child not exceeding five (5),
counted from the youngest and without
"SEC. 20. Survivorship Benefits. - When a member or
substitution;
pensioner dies, the beneficiaries shall be entitled to
survivorship benefits provided in Sections 21 and 22
(3) when the survivors are the dependent spouse
hereunder subject to the conditions therein provided for. The
and the dependent children, the dependent spouse
survivorship pension shall consist of:
shall receive the basic survivorship pension for life
or until he/she remarries, and the dependent
(1) the basic survivorship pension which is fifty
children shall receive the dependent childrens
percent (50%) of the basic monthly pension; and
pension mentioned in the immediately preceding
paragraph (2) hereof.
(2) the dependent childrens pension not exceeding
fifty percent (50%) of the basic monthly pension
(c) In the absence of primary beneficiaries, the secondary
.
beneficiaries shall be entitled to:
"SEC. 21. Death of a Member. - (a) Upon the death of a
(1) the cash payment equivalent to one hundred
member, the primary beneficiaries shall be entitled to:
percent (100%) of his average monthly
compensation for each year of service he paid
(1) survivorship pension: Provided, That the
contributions, but not less than Twelve thousand
deceased:
pesos (P12,000.00): Provided, That the member is in
the service at the time of his death and has at least
three (3) years of service; or
(i) was in the service at the time of his
death; or (2) in the absence of secondary beneficiaries, the

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benefits under this paragraph shall be paid to his "SEC. 26. Optional Insurance. - Subject to the rules and
legal heirs. regulations prescribed by the GSIS, a member may apply for
insurance and/or pre-need coverage embracing life, health,
(d) For purposes of the survivorship benefits, legitimate hospitalization, education, memorial plans, and such other
children shall include legally adopted and legitimated plans as may be designed by the GSIS, for himself and/or his
children. dependents. Any employer may likewise apply for group
insurance coverage for its employees. The payment of the
"SEC. 22. Death of a Pensioner. - Upon the death of an old- premiums/installments for optional insurance and pre-need
age pensioner or a member receiving the monthly income products may be made by the insured or his employer and/or
benefit for permanent disability, the qualified beneficiaries any person acceptable to the GSIS.
shall be entitled to the survivorship pension defined in
Section 20 of this Act, subject to the provisions of paragraph "SEC. 27. Reinsurance. - The GSIS may reinsure any of its
(b) of Section 21 hereof. When the pensioner dies within the interests or part thereof with any private company or
period covered by the lump sum, the survivorship pension reinsurer whether domestic of foreign: Provided, That the
shall be paid only after the expiration of the said period. GSIS shall submit an annual report on its reinsurance
operations to the Insurance Commission.
"FUNERAL BENEFITS
"E. ADJUDICATION OF CLAIMS AND DISPUTES
"SEC. 23. Funeral Benefits. - The amount of the funeral
benefits shall be determined and specified by the GSIS in the "SEC. 28. Prescription. - Claims for benefits under this Act
rules and regulations but shall not be less than Twelve except for life and retirement shall prescribe after four (4)
thousand pesos (P12,000.00): Provided, That it shall be years from the date of contingency.
increased to at least Eighteen thousand pesos (P18,000.00)
after five (5) years and shall be paid upon the death of: "SEC. 29. Facility of Payment. - The GSIS shall prescribe rules
and regulations to facilitate payment of benefits, proceeds,
(a) an active member as defined under Section 2 (e) and claims under this Act and any other laws administered by
of this Act; or the GSIS. Payments made by the GSIS prior to its receipt of an
(b) a member who has been separated from the adverse claim, to a beneficiary or claimant subsequently
service, but who may be entitled to future benefit found not entitled thereto, shall not bar the legal and eligible
pursuant to Section 4 of this Act; or recipient to his right to demand the payment of benefits,
(c) a pensioner, as defined in Section 2 (o) of this proceeds, and claims from the GSIS, who shall, however, have
Act; or a right to institute the appropriate action in a court of law
(d) a retiree who at the time of his retirement was against the ineligible recipient.
of pensionable age under this Act but who opted to
retire under Republic Act No. 1616. "SEC. 30. Settlement of Disputes. - The GSIS shall have original
and exclusive jurisdiction to settle any disputes arising under
"LIFE INSURANCE BENEFITS this Act and any other laws administered by the GSIS.

"SEC. 24. Compulsory Life Insurance. - All employees except The Board may designate any member of the Board, or
for Members of the Armed Forces of the Philippines (AFP) official of the GSIS who is a lawyer, to act as hearing officer to
and the Philippine National Police (PNP) shall, under such receive evidence, make findings of fact and submit
terms and conditions as may be promulgated by the GSIS, be recommendations, together with all documentary and
compulsorily covered with life insurance, which shall testimonial evidence to the Board within thirty (30) working
automatically take effect as follows: days from the time the parties have closed their respective
evidence and filed their last pleading. The Board shall decide
(1) for those employed after the effectivity of this the case within thirty (30) days from the receipt of the
Act, their insurance shall take effect on the date of hearing officers findings and recommendations. The cases
their employment; heard directly by the Board shall be decided within thirty (30)
(2) for those whose insurance will mature after the working days from the time they are submitted by the parties
effectivity of this Act, their insurance shall be for decision.
deemed renewed on the day following the maturity
or expiry date of their insurance; "SEC. 31. Appeals. - Appeals from any decision or award of
(3) for those without any life insurance as of the the Board shall be governed by Rules 43 and 45 of the 1997
effectivity of this Act, their insurance shall take Rules of Civil Procedure adopted by the Supreme Court on
effect following said effectivity. April 8, 1997 which will take effect on July 1,
1997: Provided, That pending cases and those filed prior to
"SEC. 25. Dividends. - An annual dividend may be granted to July 1, 1997 shall be governed by the applicable rules of
all members of the GSIS whose life insurance is in force for at procedure: Provided, further, That the appeal shall take
least one (1) year in accordance with a dividends allocation precedence over all other cases except criminal cases when
formula to be determined by the GSIS. the penalty of life imprisonment or death or reclusion
perpetua is imposable.

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The appeal shall not stay the execution of the order or award otherwise approved by the President of the Philippines on
unless ordered by the Board, by the Court of Appeals or by the basis of actuarial and management studies.
the Supreme Court and the appeal shall be without prejudice
to the special civil action of certiorari when proper. "SEC. 36. Investment of Funds. - The funds of the GSIS which
are not needed to meet the current obligations may be
"SEC. 32. Execution of Decision. - When no appeal is perfected invested under such terms and conditions and rules and
and there is no order to stay by the Board, by the Court of regulations as may be prescribed by the Board: Provided, That
Appeals or by the Supreme Court, any decision or award of investments shall satisfy the requirements of liquidity,
the Board shall be enforced and executed in the same safety/security and yield in order to ensure the actuarial
manner as decisions of the Regional Trial Court. For this solvency of the funds of the GSIS:Provided, further, That the
purpose, the Board shall have the power to issue to the city GSIS shall submit an annual report on all investments made
or provincial sheriff or its appointed sheriff such writs of to both Houses of Congress of the Philippines, to wit:
execution as may be necessary for the enforcement of such
decision or award, and any person who shall fail or refuse to (a) in interest-bearing bonds or securities or other
comply with such decision, award, writ or process after being evidence of indebtedness of the Government of the
required to do so shall, upon application by the GSIS, be Philippines;
punished for contempt.
(b) in interest-bearing deposits or securities in any
"SEC. 33. Oaths, Witnesses, and Production of Records. - domestic bank doing business in the
When authorized by the Board, an official or employee of the Philippines: Provided, That in the case of such
GSIS shall have the power to administer oath and affirmation, deposits, there shall not exceed at any time the
take deposition, certify to official acts, and issue subpoena ad unimpaired capital and surplus or total private
testificandumand subpoena duces tecum to compel the deposits of the depository bank, whichever is
attendance of witnesses and the production of books, papers, smaller: Provided, further, That the said bank has
correspondences, and other records deemed necessary as prior designation as a depository for the purpose by
evidence in connection with any question arising under this the Monetary Board of the Central Monetary
Act. Any case of contumacy shall be dealt with in accordance Authority;
with the provisions of Section 580 of the Revised
Administrative Code. (c) in direct housing loans to members and group
housing projects secured by first mortgage, giving
"F. FUNDS OF THE GSIS priority to the low income groups and in short and
medium term loans to members such as salary,
"SEC. 34. Funds. - All contributions payable under Section 5 of policy, educational, emergency stock purchase plan
this Act together with the earnings and accruals thereon shall and other similar loans: Provided, That no less than
constitute the GSIS Social Insurance Fund. The said fund shall forty percent (40%) of the investible fund of the
be used to finance the benefits administered by the GSIS GSIS Social Insurance Fund shall be invested for
under this Act. In addition, the GSIS shall administer the these purposes;
optional insurance fund for the insurance coverage described
in Section 26 hereof, the Employees Compensation Insurance (d) in bonds, securities, promissory notes or other
Fund created under P.D. 626, as amended, General Insurance evidence of indebtedness of educational or medical
Fund created under Act No. 656, as amended, and such other institutions to finance the construction,
special funds existing or that may be created for special improvement and maintenance of schools and
groups or persons rendering services to the government. The hospitals;
GSIS shall maintain the required reserves to guarantee the
fulfillment of its obligations under this Act. (e) in real estate property including shares of stocks
involving real state property and investments
The funds of the GSIS shall not be used for purposes other secured by first mortgages on real estate or other
than what are provided for under this Act. Moreover, no collaterals acceptable to the GSIS: Provided, That
portion of the funds of the GSIS or income thereof shall such investment shall, in the determination of the
accrue to the General Fund of the national government and Board, redound to the benefit of the GSIS, its
its political subdivisions, instrumentalities and other agencies members as well as the general public;
including government-owned and controlled corporations
except as may be allowed under this Act. (f) in debt instruments and other securities traded
in the secondary markets;
"SEC. 35. Deposits and Disbursements. - All revenues
collected and all accruals thereto shall be deposited, (g) in loans to, or in bonds, debentures, promissory
administered and disbursed in accordance with the law. A notes or other evidence of indebtedness of any
maximum expense loading of twelve percent (12%) of the solvent corporation created or existing under the
yearly revenues from all sources may be disbursed for laws of the Philippines;
administrative and operational expenses except as may be
(h) in common and preferred stocks of any solvent
corporation or financial institution created or

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existing under the laws of the Philippines listed in "Moreover, these exemptions shall not be affected by
the stock exchange with proven track record of subsequent laws to the contrary unless this section is
profitability over the last three (3) years and expressly, specifically and categorically revoked or repealed
payment of dividends at least once over the same by law and a provision is enacted to substitute or replace the
period; exemption referred to herein as an essential factor to
maintain or protect the solvency of the fund, notwithstanding
(i) in domestic mutual funds including investments and independently of the guaranty of the national
related to the operations of mutual funds; and government to secure such solvency or liability.

(j) in foreign mutual funds and in foreign currency "The funds and/or the properties referred to herein as well as
deposits or foreign currency-denominated debts, the benefits, sums or monies corresponding to the benefits
non-speculative equities and other financial under this Act shall be exempt from attachment,
instruments or other assets issued in accordance garnishment, execution, levy or other processes issued by the
with existing laws of the countries where such courts, quasi-judicial agencies or administrative bodies
financial instruments are issued: Provided, That including Commission on Audit (COA) disallowances and from
these instruments or assets are listed in bourses of all financial obligations of the members, including his
the respective countries where these instruments pecuniary accountability arising from or caused or occasioned
or assets are issued: Provided, further, That the by his exercise or performance of his official functions or
issuing company has proven track record of duties, or incurred relative to or in connection with his
profitability over the last three (3) years and position or work except when his monetary liability,
payment of dividends at least once over the same contractual or otherwise, is in favor of the GSIS.
period.
"G. ADMINISTRATION
"SEC. 37. Records and Reports. - The GSIS shall keep and
cause to keep such records as may be necessary for the "SEC. 40. Implementing Body. - The Government Service
purpose of making actuarial studies, calculations and Insurance System as created under Commonwealth Act No.
valuations of the funds of the GSIS including such data 186 shall implement the provisions of this Act.
needed in the computation of rates of disability, mortality,
morbidity, separation and retirement among the members "SEC. 41. Powers and Functions of the GSIS. - The GSIS shall
and any other information useful for the adjustment of the exercise the following powers and functions:
benefits of the members. The GSIS shall maintain appropriate
books of accounts to record its assets, liabilities, income, (a) to formulate, adopt, amend and/or rescind such
expenses, receipts and disbursement of funds and other rules and regulations as may be necessary to carry
financial transactions and operations. out the provisions and purposes of this Act, as well
as the effective exercise of the powers and
"SEC. 38. Examination and Valuation of the Funds. - The GSIS functions, and the discharge of duties and
shall make a periodic actuarial examination and valuation of responsibilities of the GSIS, its officers and
its funds in accordance with accepted actuarial principles. employees;

"SEC. 39. Exemption from Tax, Legal Process and Lien. - It is (b) to adopt or approve the annual and
hereby declared to be the policy of the State that the supplemental budget of receipts and expenditures
actuarial solvency of the funds of the GSIS shall be preserved including salaries and allowances of the GSIS
and maintained at all times and that contribution rates personnel; to authorize such capital and operating
necessary to sustain the benefits under this Act shall be kept expenditures and disbursements of the GSIS as may
as low as possible in order not to burden the members of the be necessary and proper for the effective
GSIS and their employers. Taxes imposed on the GSIS tend to management and operation of the GSIS;
impair the actuarial solvency of its funds and increase the
contribution rate necessary to sustain the benefits of this Act. (c) to invest the funds of the GSIS, directly or
Accordingly, notwithstanding any laws to the contrary, the indirectly, in accordance with the provisions of this
GSIS, its assets, revenues including all accruals thereto, and Act;
benefits paid, shall be exempt from all taxes, assessments,
fees, charges, or duties of all kinds. These exemptions shall (d) to acquire, utilize or dispose of, in any manner
continue unless expressly and specifically revoked and any recognized by law, real or personal property in the
assessment against the GSIS as of the approval of this Act are Philippines or elsewhere necessary to carry out the
hereby considered paid. Consequently, all laws, ordinances, purposes of this Act;
regulations, issuances, opinions or jurisprudence contrary to
or in derogation of this provision are hereby deemed (e) to conduct continuing actuarial and statistical
repealed, superseded and rendered ineffective and without studies and valuations to determine the financial
legal force and effect. condition of the GSIS and taking into consideration
such studies and valuations and the limitations
herein provided, re-adjust the benefits,

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contributions, premium rates, interest rates or the


allocation or re-allocation of the funds to the (p) to enter into agreement with the Social Security
contingencies covered; System or any other entity, enterprise, corporation
or partnership for the benefit of members
(f) to have the power of succession; transferring from one system to another subject to
the provisions of Republic Act No. 7699, otherwise
(g) to sue and be sued; known as the Portability Law;

(h) to enter into, make, perform and carry out (q) to be able to float proper instrument to liquefy
contracts of every kind and description with any long-term maturity by pooling funds for short-term
person, firm or association or corporation, domestic secondary market;
or foreign;
(r) to submit annually, not later than June 30, a
(i) to carry on any other lawful business whatsoever public report to the President of the Philippines and
in pursuance of, or in connection with the the
provisions of this Act; Congress of the Philippines regarding its activities in
the administration and enforcement of this Act
(j) to have one or more offices in and outside of the during the preceding year including information
Philippines, and to conduct its business and and recommendations on board policies for the
exercise its powers throughout and in any part of development and perfection of the programs of the
the Republic of the Philippines and/or in any or all GSIS;
foreign countries, states and
territories: Provided, That the GSIS shall maintain a (s) to maintain a provident fund, which consists of
branch office in every province where there exists a contributions made by both the GSIS and its
minimum of fifteen thousand (15,000) officials and employees and their earnings, for the
membership; payments of benefits to such officials and
employees or their heirs under such terms and
(k) to borrow funds from any source, private or conditions as it may prescribe;
government, foreign or domestic, only as an
incident in the securitization of housing mortgages (t) to approve and adopt guidelines affecting
of the GSIS and on account of its receivables from investments, insurance coverage of government
any government or private entity; properties, settlement of claims, disposition of
acquired assets, privatization or expansion of
(l) to invest, own or otherwise participate in equity subsidiaries, development of housing projects,
in any establishment, firm or entity; increased benefit and loan packages to members,
and the enforcement of the provision of this Act;
(m) to approve appointments in the GSIS except
appointments to positions which are policy (u) any provision of law to the contrary
determining, primarily confidential or highly notwithstanding, to authorize the payment of extra
technical in nature according to the Civil Service remuneration to the officials and employees
rules and regulations: Provided, That all positions in directly involved in the collection and/or
the GSIS shall be governed by the compensation remittances of contributions, loan repayments, and
and position classification system and qualifications other monies due to the GSIS at such rates and
standards approved by the GSIS Board of Trustees under such conditions as it may
based on a comprehensive job analysis and audit of adopt: Provided, That the best interest of the GSIS
actual duties and responsibilities: Provided, shall be observed thereby;
further, That the compensation plan shall be
comparable with the prevailing compensation plans (v) to determine, fix and impose interest upon
in the private sector and shall be subject to the unpaid premiums due from employers and
periodic review by the Board no more than once employees;
every four (4) years without prejudice to yearly
merit reviews or increases based on productivity (w) to ensure the collection or recovery of all
and profitability; indebtedness, liabilities and/or accountabilities,
including unpaid premiums or contributions in favor
(n) to design and adopt an Early Retirement of the GSIS arising from any cause or source
Incentives Plan (ERIP) and/or financial assistance for whatsoever, due from obligors, whether public or
the purpose of retirement for its own personnel; private. The Board shall demand payment or
settlement of the obligations referred to herein
(o) to fix and periodically review and adjust the within thirty (30) days from the date the obligation
rates of interest and other terms and conditions for becomes due, and in the event of failure or refusal
loans and credits extended to members or other of the obligor or debtor to comply with the
persons, whether natural or juridical; demand, to initiate or institute the necessary or

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proper actions or suits, criminal, civil or exercise of the powers and functions as well as the
administrative or otherwise, before the courts, discharge of the duties and responsibilities of the
tribunals, commissions, boards, or bodies of proper GSIS, its officers and employees;
jurisdiction within thirty (30) days reckoned from
the expiry date of the period fixed in the demand "(c) upon the recommendation of the President and
within which to pay or settle the account; General Manager, to approve the annual and
supplemental budget of receipts and expenditures
(x) to design and implement programs that will of the GSIS, and to authorize such operating and
promote and mobilize savings and provide capital expenditures and disbursements of the GSIS
additional resources for social security expansion as may be necessary or proper for the effective
and at the same time afford individual members management, operation and administration of the
appropriate returns on their savings/investments. GSIS;
The programs shall be so designed as to spur socio-
economic take-off and maintain continued growth; "(d) upon the recommendation of the President
and and General Manager, to approve the GSIS
organizational and administrative structure and
(y) to exercise such powers and perform such other staffing pattern, and to establish, fix, review, revise
acts as may be necessary, useful, incidental or and adjust the appropriate compensation packages
auxiliary to carry out the provisions of this Act, or to for the officers and employees of the GSIS and
attain the purposes and objectives of this Act. reasonable allowances, incentives, bonuses,
privileges and other benefits as may be necessary
"SEC. 42. The Board of Trustees; its Composition; Tenure and or proper for the effective management, operation
Compensation. - The corporate powers and functions of the and administration of the GSIS, which shall be
GSIS shall be vested in and exercised by the Board of Trustees exempt from Republic Act No. 6758, otherwise
composed of the President and General Manager of the GSIS known as the Attrition Law;
and eight (8) other members to be appointed by the
President of the Philippines, one (1) of whom shall be either "(e) to fix and periodically review and adjust the
the President of the Philippine Public School Teachers rates of interest and other terms and conditions for
Association (PPSTA) or the President of the Philippine loans and credits extended to its members or other
Association of School Superintendents (PASS), another two persons, whether natural or juridical;
(2) shall represent the leading organizations or associations of
government employees/retirees, another four (4) from the "(f) the provision of any law to the contrary
banking, finance, investment, and insurance sectors, and one notwithstanding, to compromise or release, in
(1) recognized member of the legal profession who at the whole or in part, any claim or settle liability to the
time of appointment is also a member of the GSIS. The GSIS, regardless of the amount involved, under such
Trustees shall elect from among themselves a Chairman while terms and conditions as it may impose for the best
the President and General Manager of the GSIS shall interest of the GSIS;
automatically be the vice-chairman.
"(g) to approve and adopt guidelines affecting
The Trustees, except the President and General Manager who investments, insurance coverage of government
shall cease as trustee upon his separation, shall hold office for properties, settlement of claims, disposition of
six (6) years without reappointment, or until their successors acquired assets, development of housing projects,
are duly appointed and qualified. Vacancy, other than increased benefit and loan packages to members,
through the expiration of the term, shall be filled for the and the enforcement of the provisions of this Act;
unexpired term only. The members of the Board shall be
entitled to a per diem of Two thousand five hundred pesos "(h) to determine, fix, and impose interest upon
(P2,500.00) for each board meeting actually attended by unpaid or unremitted premiums and/or
them, but not to exceed Ten thousand pesos (P10,000.00) a contributions; and
month and reasonable transportation and representation
allowances as may be fixed by the Board. "(i) to do and perform any and all acts necessary,
proper or incidental to the attainment of the
"SEC. 43. Powers and Functions of the Board of Trustees. - The purposes and objectives of this Act.
Board of Trustees shall have the following powers and
functions: "SEC. 44. Appointment, Qualifications, and Compensation of
the President and General Manager and of other Personnel. -
"(a) to formulate the policies, guidelines and The President and General Manager of the GSIS shall be its
programs to effectively carry out the purposes of Chief Executive Officer and shall be appointed by the
this Act; President of the Philippines. He shall be a person with
management and investments expertise necessary for the
"(b) to promulgate such rules and regulations as effective performance of his duties and functions under this
may be necessary or proper for the effective Act.

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"The GSIS President and General Manager shall be assisted by "H. GENERAL PROVISION
one or more executive vice-presidents, senior vice-presidents
and managers in addition to the usual supervisory and rank- "SEC. 49. Dispensation of Social Insurance Benefits. - (a) The
and-file positions who shall be appointed and removed by the GSIS shall pay the retirement benefits to the employee on his
President and General Manager with the approval of the last day of service in the government: Provided, That all
Board, in accordance with the existing Civil Service rules and requirements are submitted to the GSIS within a reasonable
regulations. period prior to the effective date of the retirement;

"SEC. 45. Powers and Duties of the President and General "(b) The GSIS shall discontinue the processing and
Manager. - The President and General Manager of the GSIS adjudication of retirement claims under R.A. No. 1616 except
shall, among others, execute and administer the policies and refund of retirement premium under R. A. No. 910. Instead,
resolutions approved by the Board and direct and supervise all agencies concerned shall process and pay the gratuities of
the administration and operations of the GSIS. The President their employees. The Board shall adopt the proper rules and
and General Manager, subject to the approval of the Board, procedures for the implementation of this provision.
shall appoint the personnel of the GSIS, remove, suspend or
otherwise discipline them for cause, in accordance with the "SEC. 50. Development and Disposition of Acquired Assets. -
existing Civil Service rules and regulations, and prescribe their The GSIS shall have the right to develop and dispose of its
duties and qualifications to the end that only competent acquired assets obtained in the ordinary course of its
persons may be employed. business. To add value to, improve profitability on, and/or
enhance the marketability of an acquired asset, the GSIS may
"SEC. 46. Auditor. - (a) The Chairman of the Commission on further develop/renovate the same either with its own capital
Audit shall be the ex officio auditor of the GSIS, and the or through a joint venture arrangement with private
necessary personnel to assist said representative in the companies or individuals.
performance of his duties.
"The GSIS may sell its acquired assets in accordance with
"(b) The Chairman of the Commission on Audit or his existing Commission on Audit (COA) rules and regulations for
authorized representatives, shall submit to the Board soon an amount not lower than the current market value of the
after the close of each calendar year, an audited statement property. For this purpose, the GSIS shall conduct an annual
showing the financial condition and progress of the GSIS for appraisal of its property or acquired assets to determine its
the calendar year just ended. current market value. All notices of sale shall be published in
newspapers of general circulation.
"SEC. 47. Legal Counsel. - The Government Corporate Counsel
shall be the legal adviser and consultant of the GSIS, but the "No injunction or restraining order issued by any court,
GSIS may assign to the Office of the Government Corporate commission, tribunal or office shall bar, impede or delay the
Counsel (OGCC) cases for legal action or trial, issues for legal sale and disposition by the GSIS of its acquired assets except
opinions, preparation and review of contracts/agreements on questions of ownership and national or public interest.
and others, as the GSIS may decide or determine from time to
time: Provided, however, That the present legal services "SEC. 51. Government Assistance to the GSIS. - The GSIS may
group in the GSIS shall serve as its in-house legal counsel. call upon any employer for such assistance as may be
necessary in the discharge of its duties and functions.
"The GSIS may, subject to approval by the proper court,
deputize any personnel of the legal service group to act as "I. PENAL PROVISIONS
special sheriff in the enforcement of writs and processes
issued by the court, quasi-judicial agencies or administrative "SEC. 52. Penalty. - (a) Any person found to have participated
bodies in cases involving the GSIS. directly or indirectly in the commission of fraud, collusion,
falsification, or misrepresentation in any transaction with the
"SEC. 48. Powers of the Insurance Commission. - The GSIS, whether for him or for some other persons, shall suffer
Insurance Commissioner or his authorized representatives the penalties provided for in Article 172 of the Revised Penal
shall make an examination of financial condition and methods Code.
of transacting business of the GSIS at least once every three
(3) years and the report of said examination shall be "(b) Whoever shall obtain or receive any money or check
submitted to the Board of Trustees and copies thereof be invoking any provision of this Act or any agreement
furnished the Office of the President of the Philippines and thereunder, without being entitled thereto with the intent to
the two houses of the Congress of the Philippines within five defraud any member, any employer, the GSIS, or any third
(5) days after the close of examination: Provided, party, shall be punished by a fine of not less than Five
however, That for each examination, the GSIS shall pay the thousand pesos (P5,000.00) nor more than Twenty thousand
office of the Insurance Commissioner an amount equal to the pesos (P20,000.00) or by imprisonment of not less than six (6)
actual expenses incurred by the said office in the conduct of years and one (1) day to twelve (12) years, or both, at the
examination, including the salaries of the examiners and of discretion of the court.
the actuary of such examination for the actual time spent.

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"(c) Whoever fails or refuses to comply with the provisions of not less than Ten thousand pesos (P10,000.00) nor more than
this Act or with the rules and regulations adopted by the Twenty thousand pesos (P20,000.00), and in addition, shall
GSIS, shall be punished by a fine of not less than Five suffer absolute perpetual disqualification from holding public
thousand pesos (P5,000.00) nor more than Twenty thousand office and from practicing any profession or calling licensed
pesos (P20,000.00) or imprisonment of not less than six (6) by the government.
years and one (1) day to twelve (12) years, or both, at the
discretion of the court. "(h) The officers and/or personnel referred to in paragraph
(g) of this section shall be liable not only criminally but also
"(d) The treasurer, finance officer, cashier, disbursing officer, civilly to the GSIS or to the employee or member concerned
budget officer or other official or employee who fails to in the form of damages, including surcharges and interests.
include in the annual budget the amount corresponding to
the employer and employee contributions, or who fails or "(i) For the charges or complaints referred to in paragraph (g)
refuses or delays by more than thirty (30) days from the time of this section, the liabilities therein set forth shall be
such amount becomes due and demandable, or to deduct the construed as waiver of the State of its immunity from suit,
monthly contributions of the employee shall, upon conviction hence, the above-mentioned officials and/or personnel may
by final judgment, suffer the penalties of imprisonment from not invoke the defense of non-suability of the State.
six (6) months and one (1) day to six (6) years, and a fine of
not less than Three thousand pesos (P3,000.00) but not more "(j) Failure of the Members of the GSIS Board, including the
than Six thousand pesos (P6,000.00), and in addition, shall chairman and the vice-chairman, to comply with the
suffer absolute perpetual disqualification from holding public provisions of paragraph (w) of Section 41 hereof, shall subject
office and from practicing any profession or calling licensed them to imprisonment of not less than six (6) months nor
by the government. more than one (1) year or a fine of not less than Five
thousand pesos (P5,000.00) nor more than Ten thousand
"(e) Any employee or member who receives or keeps fund or pesos (P10,000.00) without prejudice to any civil or
property belonging, payable or deliverable to the GSIS and administrative liability which may also arise therefrom.
appropriates the same, or takes or misappropriates or uses
the same for any purpose other than authorized by this Act, "(k) Criminal actions arising from violations of the provisions
or permits another person to take, misappropriate or use said of this Act may be commenced by the GSIS or by the
fund or property by expressly consenting thereto, or through aggrieved member, either under this Act or, in appropriate
abandonment or negligence, or is otherwise guilty of the cases, under the Revised Penal Code.
misappropriation of said fund or property, in whole or in part,
shall suffer the penalties provided in Article 217 of the "SEC. 53. Implementing Rules and Regulations. - The
Revised Penal Code, and in addition, shall suffer absolute implementing rules and regulations to carry out the
perpetual disqualification from holding public office and from provisions of this Act shall be adopted and promulgated by
practicing any profession or calling licensed by the the GSIS not later than ninety (90) days after the approval of
government. this Act.

"(f) Any employee who, after deducting the monthly "SEC. 54. Non-impairment of Benefits, Powers, Jurisdiction,
contribution or loan amortization from a members Rights, Privileges, Functions and Activities. - Nothing in this
compensation, fails to remit the same to the GSIS within Act shall be construed to repeal, amend or limit any provision
thirty (30) days from the date they should have been of existing laws, Presidential Decrees and Letters of
remitted under Section 6(a), shall be presumed to have Instructions, not otherwise specifically inconsistent with the
misappropriated such contribution or loan amortization and provisions of this Act.
shall suffer the penalties provided in Article 315 of the
Revised Penal Code, and in addition, shall suffer absolute "SEC. 55. Exclusiveness of Benefits. - Whenever other laws
perpetual disqualification from holding public office and from provide similar benefits for the same contingencies covered
practicing any profession or calling licensed by the by this Act, the member who qualifies to the benefits shall
government. have the option to choose which benefits will be paid to him.
However, if the benefits provided by the law chosen are less
"(g) The heads of the offices of the national government, its than the benefits provided under this Act, the GSIS shall pay
political subdivisions, branches, agencies and only the difference.
instrumentalities, including government-owned or controlled
corporations and government financial institutions, and the "SEC. 56. Appropriations. - The amount necessary to carry out
personnel of such offices who are involved in the collection of the provisions of this Act shall be included in the respective
premium contributions, loan amortization and other accounts budgets of the agencies in the national government
due the GSIS who shall fail, refuse or delay the payment, obligation program of the year following its enactment into
turnover, remittance or delivery of such accounts to the GSIS law and thereafter."
within thirty (30) days from the time that the same shall have
been due and demandable shall, upon conviction by final
SEC. 2. Separability Clause. - Should any provision of this Act
judgment, suffer the penalties of imprisonment of not less
or any part thereof be declared invalid, the other provisions,
than one (1) year nor more than five (5) years and a fine of

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so far as they are separable from the invalid ones, shall


remain in force and effect.

SEC. 3. Repealing Clause. - All laws and any other law or parts
of law specifically inconsistent herewith are hereby repealed
or modified accordingly: Provided, That the rights under the LIFE INSURANCE
existing laws, rules and regulations vested upon or acquired
by an employee who is already in the service as of the Enhanced Life Policy (ELP)
effectivity of this Act shall remain in force and
effect: Provided, further, That subsequent to the effectivity of The ELP seeks to enhance the death benefits of your family
this Act, a new employee or an employee who has previously and, at the same time, to simplify the administration of the
retired or separated and is reemployed in the service shall be compulsory life insurance component of the GSIS benefit
covered by the provisions of this Act. program.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days
What are the features of the ELP?
after its publication in the Official Gazette or in at least two
(2) newspapers of general circulation.
The insurance coverage shall be a yearly term renewable life
This Act, which is a consolidation of Senate Bill No. 2013 and insurance cover based on your fixed monthly compensation.
House Bill No. 8561, was finally passed by the Senate and the
House of Representatives on May 29, 1997 and May 28, 1997, The policy shall have neither a maturity value nor fixed
respectively. insurance cover.

The computation of insurance cover shall be based solely on


your annual compensation while you are in government
service, multiplied by a predetermined amount of insurance
(AOI) factor.

Your age and length of service will no longer be a factor in


determining the amount of your insurance coverage.

The ELP will also earn cash value in the form of termination
value, which you can withdraw upon separation or retirement
and shall be the basis of your yearly cash dividends and policy
loan.

An automatic premium loan (APL) facility secured against the


policys termination value shall also be provided to answer
for nonpayment of premiums.

The ELP may lapse if no payment of premiums is effected


within a prescribed period but may automatically be
reinstated or reissued without the need to issue a new policy
once you resume payment.

Who are covered by the ELP?

You are covered by the ELP if you are:

A government employee who entered the service after July


31, 2003, and are hence eligible for GSIS regular membership
under RA 8291.

An existing regular GSIS member who will opt to convert your


existing LEP into ELP.

An existing regular GSIS member whose LEP lapsed by reason


of nonpayment of life insurance premiums and whose policy

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matured on or after August 1, 2003. You will be issued the All employees who entered government service
ELP if you continue to be in active service. prior to August 1, 2003 and receiving monthly
compensation irrespective of employment status
What is the effectivity date of the ELP cover? and who have not reached the mandatory
retirement age.
If you are a newly appointed government employee, the
effectivity date of cover shall be the date of appointment. Members of the Judiciary and its equivalent rank
and the Constitutional Commissioners who entered
government service prior to and after August 1,
If you are an employee whose policy matured on or after
2003.
August 1, 2003, the date of cover shall be the day following
the date of maturity of your LEP.

If you are an employee who opts to convert from LEP to ELP,


the date of cover shall be the GSIS approval of the Age bracket
conversion.
The type of insurance plans issued to members depends on
What is the evidence of your coverage under the ELP? the age nearest the members birthday at the time of
effectivity, as follows:
As a member covered under the ELP, you shall be issued a
certificate of insurance policy (CIP) with your GSIS ID number Age Bracket Plan of Insurance
as the reference number. Only one policy certificate shall be
issued during your lifetime. 30 years and below Endowment at 45

Who are your beneficiaries under the ELP? 31 years to 40 Endowment at 55

In the event of your death, the proceeds of your life 41 years to 59 Endowment at 65
insurance coverage shall be distributed in accordance with
the provisions on intestate succession of the Civil Code and in 60 years and over Ordinary Life
the order of the following beneficiaries:

Primary beneficiaries: Legal spouse and legitimate children Benefits

In the absence of primary beneficiaries: The acknowledged Maturity benefit - As defined in the policy contract, this
natural children and surviving ascendants. benefit is payable upon maturity of the endowment policy
and is equivalent to the original amount of insurance plus the
In the absence of the above relatives: The relatives within the supplementary/ies added to the original amount of
fourth degree of consanguinity. insurance. Outstanding balances in the members policy loan
and automatic premium loan will be deducted from the
proceeds.
How is your death benefit computed under the ELP?

Surrender benefit - The amount to be paid is the cash value


Your death benefit shall be computed based on your last
of the policy at the time of separation less all indebtedness of
monthly salary immediately preceding your death and to
the member.
which salary the corresponding life insurance premiums were
paid and remitted to the GSIS.
Death benefit - This is equivalent the total amount of
insurance (original plus supplementaries) less total
How much is the termination value earned under the ELP?
indebtedness shall be paid to the designated beneficiaries or
legal heirs as the case may be.
The termination value earned under the policy shall be
equivalent to 25% for every monthly life Insurance premiums
Policy Loan - A member who has paid more than 1 years
that have been paid in full, either by direct remittance or
premium contributions shall be entitled to avail of the policy
through an automatic premium loan (APL). The accumulated
loan up to 50% of the earned Cash Value subject to interest of
termination value shall increase at such rates as may be
8% per annum compounded monthly and renewable yearly.
computed by actuary.
Dividends - A policyholder whose policy has been in force for
Life Endowment Policy ( LEP ) at least one year is may receive dividends as may be
determined by the Actuary and approved by the Board.
Who are members under LEP?

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Policy Loan 1. The retiree must have rendered at least 15 years of


service and must be at least 60 years of age upon
Policy loan is a loan program which you can avail from your retirement.
GSIS life insurance policy.
2. He /she must not be a permanent total disability
pensioner.
There are two kinds of compulsory GSIS life insurance
programs which are automatically granted to you the day you
enter government service: the Enhanced Life Policy (ELP) and Unlike other retirement modes, the last three years of service
the Life Endowment Policy (LEP). of a retiree need not to be continuous under RA 8291

ELP provides cover for you if you entered the service after Packages in store for you
July 31, 2003. Members whose policies have matured will
also be covered by ELP. The maximum loanable amount you Retiring members who will opt to retire under RA 8291 are
can avail of under ELP is up to 90 percent of the accumulated entitled to either of the following:
termination value of this policy.

On the other hand, LEP refers to the life insurance policy Option 1: 5-Year Lump Sum and Old Age Pension
issued to you if you entered the service prior to August 1,
2003. The maximum loanable amount you can avail of under Under this option, the retiree can get his/her five-year worth
LEP is up to 50 percent of the accumulated termination value of pension in advance. The lump sum is equivalent to 60
of this policy. months of the Basic Monthly Pension (BMP) payable at the
time of retirement. After five years, the retiree will start
You can choose to either pay your Policy Loan through receiving his/her monthly pension.
monthly amortization or have it count against your existing
life insurance policy contract. Option 2: Cash payment and Basic Monthly

The Policy Loan bears an interest of 8% compounded


In option 2, the retiree will receive a Cash Payment
annually.
equivalent to 18 times the Basic Monthly Pension (BMP)
payable upon retirement and then a monthly pension for life
How can a member apply for the Policy Loan?
payable immediately after his retirement date.
A member can apply for the Policy Loan using the GSIS
Wireless Automated Processing System (G-W@PS) kiosk
installed in all GSIS servicing offices and select government
offices nationwide. The BMP is computed as follows:

Who are eligible to avail of the Policy Loan? a) If length of service is less than 15 years:
A member who has been insured for at least one year may be
granted the Policy Loan. The availing member must also have BMP = .375 x RAMC (Revalued Average Monthly
updated premium payments and has an active policy to be Compensation)
eligible under this loan product.
b) If length of service is 15 years and more : BMP = .025 x
Optional Policy Loan
RAMC x Length of service
A member has an option to avail of an additional life
insurance without any limit to his life insurance coverage.
When availing of the Optional Policy Loan, a member can The BMP, however, shall NOT exceed 90% of the Average
choose to either pay it through monthly amortization or have Monthly Compensation (AMC).
it count against his optional policy life contract.
RAMC stands for Revalued Average Monthly Compensation
RETIREMENT and is computed as follows :
RAMC= P700 + AMC (Average Monthly Compensation)

Retirement Under R.A. 8291 AMC

When availing of the retirement program under RA 8291, = Average Monthly Compensation
only two things should be considered: age and the length of = Total Monthly Compensation received during the
service. last 36 months of service divided by 36

To qualify for this retirement mode: Application of the AMC Limit


The maximum amount of the Average Monthly
Compensation (AMC) to be used as the base for computing
pensions and other benefits of a member shall be the AMC

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limit prevailing at the time the contingency/ies occurred. Option 2: Initial three-year lump sum - For those
Thus, pursuant to the lifting of the AMC limit, the monthly who are at least 60 years old but less than 63 years on date of
pension of a member with at least 15 years of creditable retirement, the benefit is a 3-year lump sum. The subsequent
service who is in the service on or after January 1, 2003 shall two -year lump-sum shall be paid to the retiree on his 63rd
be computed on the basis of his/her AMCs without limit. birthday. If the retiree is still living after the 5-year
guaranteed period, he shall be entitled to a monthly pension
Retirement under Republic Act 660 for life.

Retiring under RA 660 requires the following: Option 3: 5-Year Lumpsum - For those who are 63-
65 years old, they can avail of a five-year lump sum then after
five years, they will receive a monthly pension for life.
1. The retiree's last 3 years of service prior to retirement
must be continuous, except in cases of death, disability, REPUBLIC ACT No. 1616
abolition, and phase- out of position due to reorganization.
2. His/her appointment status must be permanent in nature. RA 1616 provides for a gratuity benefit for retiring members
3. He/she must meet the age and service requirements under who will qualify under this retirement mode. The gratuity is
the "Magic 87" formula. Based on the formula, a retirees age payable by the last employer. The employee shall also be
and years in service should be added up and should total at entitled to a Refund of Retirement Premiums paid, personal
least 87. share with interest and government share without interest.

To qualify under the mode, a retiree must:


Under RA 660, GSIS members as young as 52 years old can
already avail of a retirement package for as long as they have 1. be in government service on or before May 31,
already been in government service for the past 35 years. 1977

2. has rendered at least 20 years of service regardless


of age and employment status

3. His/her last 3 years of service prior to retirement


must be continuous, except in cases of death,
disability, abolition or phase out of position due to
reorganization.
The Magic 87 formula is shown below:

What is in store for you


Age 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Since RA 1616 is considered as the Take All Retirement
mode, it provides the following benefits:
Service 35 34 33 32 31 30 28 26 24 22 20 18 16 15
1. Gratuity payable by the last employer based on the total
creditable service converted into gratuity months multiplied
by the highest compensation received. The gratuity months
The maximum monthly pension for those above 57 years old shall be computed as follows:
shall be 80% of the Average Monthly Salary (AMS) received
during the last 3 years immediately preceding retirement. The Years of Service Gratuity Months
Maximum pension for those aged 57 and below shall be 75% First 20 years one (1) month salary
of the AMS. 20 years to 30 years 1.5 months salary
Over 30 years two (2) months salary
Packages in store for you
(There is no limit to the amount of gratuity benefit.) and
RA 660 lets you choose among the following options to let
you enjoy a new beginning: 2. Refund of retirement premiums consisting of personal
contributions of the employee plus interest, and government
Option 1: Automatic Pension - Under this option, share without interest, payable by the GSIS.
pensioners below 60 years old may choose to receive either
an automatic monthly pension for life or an option to avail of Portability Law (RA 7699)
a lump sum. The lump sum, which can be requested every six
months, means they can receive their one-year worth of Admittedly most of us move from one job to another in a
monthly pension in advance for a period of five years. On the move to find a higher pay and better career. Many
sixth year, they will start receiving their lifetime monthly government retirees have had a history in the private sector.
pension.

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In certain cases, they dont have enough years of service in RAMC stands for Revalued Average Monthly
the government to qualify to any GSIS retirement program. Compensation. It is computed as follows: RAMC = AMC+
P140.00 The maximum RAMC is P3,140.00
With the help of RA 7699, otherwise known as the Portability
Law, government retirees who do not meet the required In either case, the BMP shall not exceed 90% of the Average
number of years provided under PD 1146 and RA 8291 can Monthly Compensation (AMC).
still avail of retirement and other benefits.
The AMC is computed as follows:
Under the scheme, you may combine your years of service in
the private sector represented by your contributions to the Total compensation received during the last 3 years
Social Security System (SSS) with your government service
and contributions to the GSIS to satisfy the required years of AMC =
Total number of months during which compensation
service under PD 1146 and RA 8291. was received

However, if you have satisfied the required years of service


under the GSIS retirement option you have chosen, you
would not be allowed to incorporate your contributions to Option 2: Cash Payment (CP)
the SSS anymore for availment of additional benefits.
This option is available to retirees who are at least 60 years
In case of death, disability and old age, the periods of old and have rendered at least 3 years but less than 15 years
creditable services or contributions to the SSS and GSIS shall of service. Qualified under this mode option will receive a
be summed up to entitle you to receive the benefits under cash payment that is equal to 100% of the Average Monthly
either PD 1146 or RA 8291. Compensation (AMC) for every year of service.

The Cash Payment is computed as follows:


If qualified under RA 8291, all the benefits shall apply EXCEPT
the cash payment. The reason for this is that the Portability
Law or RA 7699 provides that only benefits common to both CP = Total monthly contributions paid x AMC
Systems (GSIS and SSS) shall be paid. Cash payment is NOT
included in the benefits provided by the SSS. DISABILITY
Retirement under Presidential Decree 1146 Disability benefits are benefits granted to a member due to
the loss or reduction in earning capacity caused by a loss or
Retirement under PD 1146 can only be availed by those who impairment of the normal functions of the employee's
were in service after May 31,1977 but prior to June 24, 1997. physical and/or mental faculties as a result of an injury or
A retiring member under PD 1146 is entitled to either Old Age disease.
Pension or Cash Payment, depending on his age and years in
service. The loss in earning capacity shall be determined on the basis
of the following:
Packages in store for you 1. The employee's actual loss of income from the usual
occupation
Option 1: Basic Monthly Pension (BMP) 2. The capacity to engage in any other gainful occupation
because of impairment
This option is available for retirees who are at least 60
years old and have rendered 15 ears of service. Those
qualified under this option will receive a Basic Monthly
Pension (BMP) guaranteed for five (5) years. After the 5-year A disability may either be:
guaranteed period, he/she will receive a basic monthly Permanent Total
pension for life. A retiree may also request to convert his/her Permanent Partial
five-year guaranteed BMP into a lump sum subject to a six (6) Temporary Total
percent discount rate.
Injuries resulting in any of the following are deemed
Permanent Total Disability (PTD)
The BMP is computed as follows:
a. Complete loss of sight of both eyes
b. Loss of two limbs at one or above the ankle or wrist
a) If length of service is less than 15 years: BMP= .375 x c. Permanent complete paralysis of two limbs
RAMC d. Brain injury resulting in incurable imbecility, insanity or
other irreversible conditions
b) If length of service is 15 years or more: BMP= .025 x
RAMC x Length of service

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The benefits for Partial Total Disability are as follows. 1. Cash income benefits for disability or death
1. If the member is in the service with less than 15 years of
service, benefit can be either: 2. Medical and related services for injury or sickness
a. Basic Monthly Pension
3. Rehabilitation services ( in addition to monthly cash
2. If the member is in the service with at least 15 years of income benefit) for permanent disability
service, benefit can be either:
a. Basic Monthly Pension
The benefits given to the employee or his beneficiaries are
b. Cash payment of 18 times the Basic Monthly Pension
in the form of:
3. If the member is separated from service with 36 monthly
contributions within the 5-year period immediately preceding 1. Daily cash income benefit for temporary total
PTD, benefit can be either: disability (TTD)
a. Basic Monthly Pension
2. Monthly cash income benefit for permanent total
4. If the member is separated from service with 180 disability (PTD) on a lifetime basis
monthly contributions prior to PTD, benefit can be either:
a. Basic Monthly Pension 3. Monthly cash income benefit for permanent partial
disability (PPD)
5. If the member has at least 3 years service with
contributions, but PTD occurs 5 years after separation from 4. Monthly cash income benefit for death, also on a
the service, benefit is: lifetime basis, except for benefit paid to secondary
Cash payment equal to 100% of AMC X Service (but not less beneficiaries, which is a monthly pension not to
than P12,000) payable immediately. No more separation exceed 60 months but not less than fifteen
benefit shall be paid in the future. thousand pesos

Injuries resulting in any of the following are deemed 5. Medical services, appliances and supplies for injury
Permanent Partial Disability (PPD) or sickness
Complete and permanent loss of the use of: any one finger,
any toe, one arm, one hand, one foot, one leg, one or both 6. Rehabilitation services for permanent disability
ears, sight of one eye or such other cases as may be
determined by the System 7. Carer's allowance for permanent disability.

The benefits for Permanent Partial Disability are as follows:


The Compensability Conditions are as follows:
1. If member is in the service, benefit is:
Cash payment CP = BMP X nos. of PTD months as
recommended by the GSIS medical evaluator 1. Injury must be the result of accident arising out of
and in the course of employment.

2. If the member is separated from the service but has paid 2. Sickness must be listed /considered an
36 monthly contributions within the last 5 years immediately "occupational disease"; or even if not listed as one,
preceding the disability or has paid at least 180 monthly it must be shown that the risk of contracting the
contributions, benefit is: sickness is increased by the working conditions.
Cash payment CP = BMP X nos. of PTD months as
recommended by the GSIS medical evaluator 3. Disability/Death is caused by work-connected injury
or sickness

There are exceptions to Compensability or injury, sickness,


disability or death. These exceptions are applicable when
EMPLOYEES any of these is due to the employee's:
COMPENSATION
1. Intoxication or drunkenness

The Employees' Compensation (EC) benefits or disability


2. Willful intention to injure or kill himself or another
benefits is a compensation package for public and private
sector employees and their dependents in the event of work-
3. Notorious negligence
related injury, sickness, disability or death. The EC is a purely
employer-based contribution benefit. Thus, the employee is
not required to contribute any amount to the program. The 4. Not work-related
employee compensation benefits are in the following
options: Here are the Occupational Diseases under PD626

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1. Papilloma of the bladder 24. Osteoarthritis

2. Cancer, epithellomatous or ulceration of the skin or 25. Viral encephalitis


of the corneal surface of the eye
26. Peptic ulcer
3. Cataracts
27. Pulmonary tuberculosis
4. Deafness
28. Viral hepatitis
5. Decompression sickness, Caisson disease, and
Aeroembolism 29. Essential hypertension

6. Dermatitis due to irritants and sensitizers 30. Asbestosis

7. Infections, namely: Anthrax, Brucellosis, Glanders,


BURIAL
Rabies, Tuberculosis, Tularemia, Weill's disease, Q
Fever or equine encephalomyelitis, Mite dermatitis
Beneficiaries are entitled to a P20,000 funeral benefit payable
8. Ionizing radiation disease, inflammation, ulceration upon the death of a member or old age pensioner.
or malignant disease of the skin or subcutaneous
tissues of the bones or leukemia or anemia of the The requirements to avail of the burial benefit are:
aplastic type due to X-rays, ionizing particles,
radium or other radioactive substances, namely: If claimant is the legal spouse
Acute radiation syndrome: Chronic radiation
syndrome and Glass blower's cataract

9. Poisoning 1. Original copy of Death Certificate of the member


from NSO.
10. Pneumoconiosis
2. Original copy of Marriage Contract from NSO
11. Diseases caused by abnormalities in temperature
and humidity 3. Two valid ID (original to be shown, photocopy to be
submitted)
12. Vascular disturbance in the upper extremities due
to continuous vibration from pneumatic tools or 4. Original copy of NSO certified Birth Certificate of
power drills, riveting machines or hammers the claimant (if there will be claims for death and
survivorship benefits). If not registered, may apply
13. Viral hepatitis for late registration.

14. Poisoning by cadmium


For immediate full payment of the benefits, and in the
15. Leukemia and lymphoma absence of NSO Birth Certificate, valid passport or visa;
drivers license; PRC ID with record of birth
16. Cancer of the stomach and other lymphatic and
blood forming vessels, nasal cavities and sinuses Claimants birth certificate is not required if the claimant is
a GSIS member or pensioner.
17. Cancer of the lungs, liver and brain

If the claimant is other than the legal spouse (Application will


18. Cardio-vascular diseases
be accepted only if the legal spouse is already deceased. In
this case, priority is given to legitimate children)
19. Cerebro-vascular accidents

20. Malaria and schistosomiasis


1. Original copy of Death Certificate of the member
from NSO.
21. Pneumonia

2. GSIS Affidavit of Funeral Expense Form


22. Hernia

3. Original & Xerox copy of Official Receipt under the


23. Bronchial asthma
claimants name or if a Funeral Plan was used, a

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Certification from the memorial service provider incapacitated and incapable of


that the plan was availed of. self-support due to a mental or
physical defect acquired prior to
4. Two valid IDs (original to be shown, photocopy to age of majority.
be submitted)
3. The secondary beneficiaries shall be the
5. Birth certificate of the claimant or valid ID (issued dependent parents and, subject to the
by the government) indicating his/her date of birth. restrictions on dependent children, the
legitimate descendants[2].
SURVIVORSHIP
The secondary beneficiaries shall only be entitled to
survivorship benefits if there are no primary beneficiaries[3].
When a member or pensioner dies, his or her beneficiaries
are entitled to cash and/or pension benefits, subject to the
existing rules and regulations on survivorship and policies on Maximum Amount of Survivorship Pension
the maximum amount of survivorship pension.
1. The surviving spouse shall be entitled to basic
survivorship pension which is fifty percent (50%) of
Coverage
the Basic Monthly Pension (BMP) but not to exceed
fifty percent (50%) of the current Step 8[4] salary of
a. All primary and secondary beneficiaries an Undersecretary, pursuant to the Salary
residing in the Philippines or abroad \who Standardization Law and its amendments.
are existing survivorship pensioners or
claiming for survivorship benefit;
For example, if the salary of an Undersecretary is
equal to P63,380.00 and the BMP of the deceased
b. Those who were receiving survivorship member/pensioner is equal to P70,000.00, the
benefits but were suspended when the maximum amount of survivorship pension is
policy on the same was amended and P31,690.00 (50% of P63,380.00) for the surviving
implemented in August 2009; and spouse, not P35,000.00 (50% of P70,000.00).

c. Those who applied for survivorship However, the existing survivorship pensioners
benefits but were disapproved due to the (surviving spouse) who are receiving more than the
issuance/approval of Management said limit shall not be subjected to this policy.
Implementing Guidelines (MIG) 01-2009
dated October 22, 2009 that took effect as
early as August 2009, and MIG 04-2010 For survivorship pensioners whose survivorship
dated April 26, 2010. pensions were suspended as a result of the
previous policy, the amounts accruing for the
period they were suspended shall be restored by
Eligibility Requirements the GSIS, subject to the maximum amount of
survivorship pension provided under this policy.On
1. When a member or pensioner dies, the primary the other hand, for surviving spouse whose
beneficiaries (surviving legal spouse and applications for survivorship benefits were denied
dependent children) or secondary beneficiaries, as a result of the previous policy, their applications
as the case may be, shall be entitled to the may be submitted to GSIS, and if found to be
applicable survivorship benefits. qualified, their benefits shall be granted and
computed retroactively, subject to the maximum
2. The primary beneficiaries[1] shall be the amount of survivorship pension provided under this
following: policy.

a. The legitimate spouse, until 2. The dependent children shall be entitled to


s/he re-marries, or co- dependent childrens pension for a maximum of
habits/engages in common-law five (5) children, equivalent to 10% of the BMP for
relationship; and each child but not to exceed fifty percent (50%) of
the BMP, counted from the youngest and without
substitution.
b. The dependent legitimate,
legally adopted or legitimated
children, including illegitimate
children, who have not reached
the age of majority, or, have 3. The maximum amount of basic survivorship pension
reached the age of majority but prevailing at the time of death of the member or

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pensioner shall apply. Any subsequent increase/s in The above policies on survivorship benefits shall be
the Step 8 salary of an Undersecretary will not implemented retroactively from the time the existing policies
result in any adjustment to the survivorship pension on eligibility requirements of a surviving spouse to
already being received by the surviving spouse. survivorship benefits were adopted.

Disqualification / Discontinuance to Entitlement to [1] Sections 2 (f) and (g), Republic Act No. 8291
Survivorship Pension of Dependent Spouse and/or Children
[2] Sections 2 (h)
1. The payment of survivorship pension to the
surviving spouse shall be discontinued when s/he [3] Section 21 (c)
re-marries, cohabits/engages in common-law
relationship.
[4] Step 8 is equivalent to P63,380.00.

2. In the case of the dependent children,


survivorship pension shall be discontinued upon
reaching the age of majority.

3. When the dependent spouse and dependent


children are already receiving the basic Frequently Asked Questions on Survivorship Benefits
survivorship pension and dependent childrens
pension, respectively, any subsequent death,
emancipation or disqualification of any one of Why did the GSIS revise the existing policy on the grant of
them shall not result in the accrual of that survivorship benefits?
portion of benefits to the other beneficiaries.
The existing policies on the grant of survivorship benefits
were revised by Management with the goal of granting
Documentary Requirements
equitable benefits to survivorship pensioners, taking into
consideration the specific provisions under the Family Code,
The application for survivorship benefits should be filed such that dependency for support of the surviving spouse to
together with the documentary requirements, including the the deceased GSIS member shall not be dictated by the
following affidavits: surviving spouses financial status or capability.

a. Affidavit of Surviving Spouse; Given the said revisions, members and pensioners are
secured of their future benefits in GSIS without compromising
b. Affidavit of Legal/Certified Guardian of the financial viability of the Social Insurance Fund.
Incapacitated Dependent Child. The Affidavit
shall be supported by a court order or a
Certification for Guardianship from the Barangay Who will be covered by this new policy?
Captain/Official where the incapacitated
dependent child is residing; and The following shall be covered by this new policy:

c. Affidavit of Legal/Certified Guardian of Minor 1. All primary and secondary beneficiaries residing in
Dependent Child. The Affidavit shall be the Philippines or abroad who are existing
supported by a court order or a Certification for survivorship pensioners or claiming for survivorship
Guardianship from the Barangay Captain/Official benefit;
where the minor dependent child is residing.
2. Those who were receiving survivorship benefits but
were suspended when the policy on the same was
These shall be executed every year during Annual Renewal of
amended and implemented in August 2009; and
Active Status (ARAS) and shall serve as the basis of GSIS in
conducting further investigation as to qualification of
dependent spouse and/or children. 3. Those who applied for survivorship benefits but
were disapproved due to the issuance/approval of
Management Implementing Guidelines (MIG) 01-
Failure on the part of the survivorship pensioner/s to submit 2009 dated October 22, 2009 that took effect as
the required affidavit shall be a ground for the suspension of early as August 2009, and MIG 04-2010 dated April
the survivorship pension. 26, 2010.

Effectivity Who are the primary and secondary beneficiaries?

The primary beneficiaries shall be the following:

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1. The legitimate spouse, until he/she re-marries, or City/Municipal Social Welfare Head where the
co-habits/engages in common-law relationship; and minor dependent child is residing.

2. The dependent legitimate, legally adopted or


legitimated children, including illegitimate children, Will the secondary beneficiaries and legal heirs be required
who have not reached the age of majority, or, have to comply with the submission of the Affidavits?
reached the age of majority but incapacitated and
incapable of self-support due to a mental or The secondary beneficiaries and legal heirs, since they are not
physical defect acquired prior to age of majority. entitled to pension, shall not be required to comply with the
submission of the said affidavits.

The secondary beneficiaries shall be the dependent parents How can a child of minor age or with physical or mental
and, subject to the restrictions on dependent children, the incapacity claim for survivorship benefits?
legitimate descendants.
The guardian of the minor child or child with physical or
mental incapacity should secure a court order. In the
When will a surviving legal spouse or dependent children be absence of a court order, the Affidavit shall be supported by a
disqualified from receiving the survivorship pension? Certification of Guardianship from the Barangay Captain and
the City/Municipal Social Welfare Head where the dependent
The payment of survivorship pension to the surviving child is residing. This should be submitted to the GSIS as a
dependent spouse shall be discontinued when he/she re- supporting document to the application for survivorship
marries or cohabits/engages in common-law relationship. benefits and to the Affidavit of Guardianship of Minor
Dependent Child or Incapacitated Dependent Child.
On the other hand, the dependent children shall be
disqualified from receiving the survivorship pension once What will happen if the survivorship pensioners fail to
he/she reaches the age of majority. execute the Affidavit of Surviving Spouse/Children for that
year?
What will happen to the survivorship pension being
received by the surviving spouse and dependent children Failure on the part of the survivorship pensioner/s to submit
when any of them dies or becomes disqualified from the required affidavit shall be a ground for the suspension of
receiving the survivorship pension? the survivorship pension.

When the surviving spouse and dependent children are When will the secondary beneficiaries be entitled to
already receiving the basic survivorship pension and survivorship benefits?
dependent childrens pension, respectively, any subsequent
death, emancipation or disqualification of any one of them The secondary beneficiaries shall be entitled to survivorship
shall not result in the accrual of that portion of benefits to the benefits only if there are no primary beneficiaries and shall be
other beneficiaries. subject to limitations defined by GSIS.

Who will be entitled to receive the survivorship benefits if


How will the beneficiaries claim for survivorship benefits?
there are no primary and secondary beneficiaries?
The application for survivorship benefits should be filed
In the absence of primary and secondary beneficiaries, the
together with the documentary requirements, including the
legal heirs, as defined under the Rules on Succession, New
following affidavits:
Civil Code of the Philippines, shall receive the applicable cash
benefit depending on the eligibility of the deceased member
1. Affidavit of Surviving Spouse; or pensioner.

2. Affidavit of Guardianship of Incapacitated The cap on the amount of basic survivorship pension is fifty
Dependent Child. The Affidavit shall be supported percent (50%) of the current Step 8 salary of an
by a court order. In the absence of a court order, Undersecretary, pursuant to the Salary Standardization Law
the Affidavit shall be supported by a Certification of and its amendments. What is the basis for this?
Guardianship from the Barangay Captain and the
City/Municipal Social Welfare Head where the The position of an Undersecretary is the highest career
incapacitated dependent child is residing; and position in the government, hence, the most appropriate
basis when putting a cap on the basic survivorship pension.
3. Affidavit of Guardianship of Minor Dependent As of December 2010, there is only 0.24% of the general
Child. The Affidavit shall be supported by a court membership who is receiving more than the current Step 8
order. In the absence of a court order, the Affidavit salary of an Undersecretary, and, consequently, will be
shall be supported by a Certification of affected by this policy.
Guardianship from the Barangay Captain and the
Why did the GSIS put a cap on the amount of basic

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survivorship pension? pension.

RA 8291 mandates the periodic review of its rules and


regulations to ensure their responsiveness to its members as Who will be responsible for cleansing and tagging the
well as to safeguard the financial viability of the System. records of survivorship pensioners?

Applying a ceiling on the basic survivorship pension, The Membership Group shall undertake data cleansing and
particularly for those who have received salaries more than tagging every six (6) months to ensure that the pension
that of an Undersecretary, is a measure to guarantee the records of all disqualified or suspended primary beneficiaries
actuarial soundness of the System. More importantly, it is a are tagged accordingly.
mechanism to bring about equity and fairness among
members and their survivors, regardless of whether they Who will be responsible for updating the cap in the
come from an agency within or exempt from the Salary computerized system?
Standardization Law (SSL).
The Membership Group shall be responsible for updating the
The pension is derived from the basic monthly pension (BMP) cap in the computerized system.
of a member. The BMP is based on the average monthly
compensation (AMC) which is determined from the aggregate When is the effectivity of this new policy?
compensation received by the member during his/her last 36
months. Generally, the last 36 months of service of a This new policy shall be implemented retroactively from the
government employee corresponds to higher compensation time the existing policies on eligibility requirements of a
as compared to his service prior to the said period. Hence, surviving spouse to survivorship benefits (disqualifying a
the premium contributions that were collected during the surviving spouse who is gainfully employed or engaged in any
prior services are lower than those for the last 36 months. gainful activity or receiving pension from GSIS or any other
This results to a disproportionate relation between the local or foreign institutions from receiving the survivorship
aggregate contributions with the last compensation and, pension) were adopted.
consequently, any pension, including survivorship pension.
What is the effect of this new policy to the survivors who
To put a cap on the amount that certain income groups in were disapproved/stopped from receiving their survivorship
SSL-exempt agencies at the level of the highest career pension due to the issuance/approval of MIG 01-2009 dated
position of SSL agencies is intended to avert an unfair October 22, 2009 that took effect as early as August 2009
situation where members or their survivors in regular SSL and MIG 04-2010 dated April 26, 2010?
agencies, who are already receiving less, will eventually be
subsidizing the pensions of members or their survivors, who For survivorship pensioners whose survivorship pensions
are already receiving more. were suspended as a result of the previous policy, the
amounts accruing for the period they were suspended shall
How will the survivorship pension of the dependent children be restored by the GSIS, subject to the maximum amount of
be computed, 10% of the BMP or 10% of the cap? survivorship pension provided under PPG No. 207-11 dated
February 16, 2011.
The survivorship pension of the dependent children shall be
computed at 10% of the BMP. On the other hand, for surviving spouse whose applications
for survivorship benefits were denied as a result of the
When will the survivors of a retiree who availed and was previous policy (disqualifying a surviving spouse who is
paid the 5-year lumpsum benefit receive the survivorship gainfully employed or engaged in any gainful activity or
pension? receiving pension from GSIS or any other local or foreign
institutions from receiving the survivorship pension), their
When the old age pensioner dies within the 5-year period applications may be submitted to GSIS. If found to be
after receiving the five-year lump sum, the survivorship qualified, their benefits shall be granted and computed
pension shall be paid only after the end of the said five-year retroactively, subject to the maximum amount of survivorship
period. However, the claim for survivorship benefits should pension provided under PPG No. 207-11 dated February 16,
be filed together with the claim for funeral benefit, and this 2011.
should be done within four (4) years from the date of death
of the retiree.
Will the existing survivorship pensioners be subjected to the
How will GSIS determine if the survivorship pensioners are maximum limit of basic survivorship pension?
still qualified to receive the survivorship pension?
No, the existing survivorship pensioners (surviving spouse)
The GSIS eServices Department (for Central Office) / Frontline who are receiving more than the said limit shall not be
Services Unit (for Regional and Branch Offices) shall schedule subjected to this policy.
and conduct home visitation as part of the investigation
process to determine if the primary or secondary If a claim was filed prior to the end of the prescription
beneficiaries should continue to receive the survivorship period, but was denied due to the previous policy, can the

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surviving spouse still file the survivorship benefit claim 5 years or more 7 BMS
under this new policy?

The claim is not considered prescribed since it was filed prior 10 years or more 10 BMS
to the end of the prescription period. Hence, the claim may
be submitted to the GSIS, and if found to be qualified, the
benefit shall be granted and computed retroactively, subject Making life easier for availing members
to the maximum amount of survivorship pension provided
under PPG No. 207-11.
The GSIS offers you with an award system when availing of
If the survivorship benefit claim has prescribed, under what the Conso-Loan.
condition can the claim for survivorship benefit be allowed
to be filed to the GSIS? The Conso-Loan is a consolidation of five different loan
products into oneSalary Loan, Restructured Salary Loan,
If a survivorship benefit claim has prescribed, the said benefit Enhanced Salary Loan, Emergency Loan Assistance, and
may still be claimed from the GSIS provided that there was a Summer One-Month Salary Loan. By availing of the Conso-
claim for funeral benefit which was previously filed within the Loan, you automatically fully settle your obligations from
4-year prescription period. The claim for funeral benefit shall these loans.
be considered as a constructive notice for the survivorship
benefit claim. If found to be qualified, the benefit shall be You likewise receive an automatic condonation from the
granted and computed retroactively, subject to the maximum outstanding penalties or surcharges incurred from the
amount of survivorship pension provided under PPG No. 207- abovementioned loans.
11.
Thus, the Conso-Loan provides you with the opportunity to
Will the other existing policies on survivorship benefits be
restore your status as a member in good standing and lower
affected by this PPG?
your monthly amortization, especially if you are experiencing
difficulty in paying your loans and have incurred arrears,
All other policies which are not affected by the approved
penalties, and surcharges.
PPG, including the Restructured Survivorship Benefits under
RA 8291, as approved by the Board through Board Resolution
No. 188 dated August 13, 2003, shall still apply. However, the The privilege of having the penalties condoned can be
policy on the maximum amount of basic survivorship pension enjoyed only during the first availment of the Conso-Loan.
payable to the surviving spouse, as provided under the
approved PPG, shall apply to the Restructured Survivorship The Conso-Loan is renewable as long as there are proceeds
Benefits under RA 8291. available. The loan is payable in six years. The loan will be
charged a minimal rate of 12% based on diminishing balance.

Who can avail of the Conso-Loan?


CONSOLIDATED
1. Active members with no pending administrative or
PLANS criminal case are qualified to apply for the loan,
provided their agency remitted at least 3 correct
A member who has been in government service for at least monthly premium payments (both personal and
10 years can avail of a Conso-Loan equivalent to 10 months of government share) within the last 6 months prior to
their monthly salary. The minimum creditable years in service the filing of the application.
a member has to have to qualify is 20 months, with the
Conso-Loan proceeds equivalent to three months of his 2. Must not be on leave of absence without pay.
monthly salary. The gross loan amount shall be a multiple of
the basic monthly salary (BMS), depending on the members 3. Members net take-home pay should be sufficient
accumulated record of creditable service (RCS), to wit: to cover the regular monthly amortization.

RCS Maximum Loan Amount 4. Members from suspended agencies are not
qualified to avail of the Conso-Loan.

Less than 20 months None

20 months or more 3 BMS How can members apply for a Conso-Loan?

40 months or more 4 BMS Members with a GSIS eCard Plus can apply for the Conso-
Loan via the GSIS Wireless Automated Processing System or

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G-W@PS kiosk placed in all GSIS servicing offices and select choose to either pay it through monthly amortization or have
government agencies. Those still using the old eCard can it count against his optional policy life contract.
apply for the loan, over-the-counter, in their servicing GSIS
offices. EMERGENCY LOAN

To apply for a Conso-Loan loan using the kiosk, members The Emergency Loan is payable in three years or 36 equal
need to first place their eCard Plus on the card reader of the monthly installments at an interest rate of six percent per
kiosk. Then, they need to place any of their pre-selected annum.
fingers on the fingerprint biometric scanner of the kiosk.
Using the touch screen monitor of the G-W@PS, members
must select Consolidated Loan from the list of loans If an emergency loan is renewed, the balance of the
available on the loan menu and follow the simple instructions outstanding loan will be deducted from the proceeds of the
that will be displayed on the screen to complete the new loan.
transaction.
Who can avail of the Emergency Loan?

POLICY PLAN
To qualify for the emergency loan, the member-applicant
must be: a bona fide employee of the government office
Policy loan is a loan program which you can avail from your within the declared calamity area; be in active service and not
GSIS life insurance policy. on leave of absence without pay; has no pending criminal or
administrative charges; has no arrearages in the payment of
There are two kinds of compulsory GSIS life insurance mandatory social insurance contributions; and has no loan
programs which are automatically granted to you the day you that has been declared in default.
enter government service: the Enhanced Life Policy (ELP) and
the Life Endowment Policy (LEP). In addition, the agency of the member-applicant must not be
suspended due to non-payment and non-remittance of
ELP provides cover for you if you entered the service after premiums and loans.
July 31, 2003. Members whose policies have matured will
also be covered by ELP. The maximum loanable amount you
For a calamity-hit area, it must be declared in a state of
can avail of under ELP is up to 90 percent of the accumulated
calamity by its Sangguniang Panlalawigan/Panglungsod and
termination value of this policy.
approved by the GSIS Board of Trustees before members
working in government offices in the said area become
On the other hand, LEP refers to the life insurance policy
eligible for the Emergency Loan.
issued to you if you entered the service prior to August 1,
2003. The maximum loanable amount you can avail of under
LEP is up to 50 percent of the accumulated termination value How can members apply for the Emergency Loan?
of this policy.
Eligible members can avail of the Emergency Loan using their
You can choose to either pay your Policy Loan through eCard Plus on any GSIS Wireless Automated Processing
monthly amortization or have it count against your existing System (G-W@PS) kiosk installed in all GSIS servicing offices
life insurance policy contract. and in select government offices in different parts of the
country.
The Policy Loan bears an interest of 8% compounded
annually. To apply for the Emergency Loan using the kiosk, a member
needs to first place his eCard Plus on the card reader of the
How can a member apply for the Policy Loan? kiosk. Then, he needs to place any of his pre-selected fingers
A member can apply for the Policy Loan using the GSIS on the fingerprint biometric scanner of the kiosk. Using the
Wireless Automated Processing System (G-W@PS) kiosk touch screen monitor of the G-W@PS, a member must select
installed in all GSIS servicing offices and select government emergency loan from the list of loans available on the loan
offices nationwide. menu and follow the simple instructions that will be
displayed on the screen to complete the transaction.
Who are eligible to avail of the Policy Loan?
A member who has been insured for at least one year may be
Eligible members can also apply for the Emergency Loan
granted the Policy Loan. The availing member must also have
through over-the-counter (OTC) application to be filed in GSIS
updated premium payments and has an active policy to be
offices covering the abovementioned calamity-declared
eligible under this loan product.
areas. To apply for the emergency loan via OTC, eligible
members have to accomplish an application form.
Optional Policy Loan
A member has an option to avail of an additional life
insurance without any limit to his life insurance coverage.
When availing of the Optional Policy Loan, a member can

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A tentative computation of their loan proceeds and monthly Enroll for eCard Plus
amortization will also be shown to member-applicants when
they apply via G-W@PS kiosk or OTC. Its about time you get your own eCard
Plus. Getting one is easier than you think.
CASH ADVANCE All you need to do is visit your servicing
GSIS office.
LOAN
G-W@PS Kiosk
As the name suggests, the P10,000-Cash Advance Loan offers
a substantial amount of P10,000 (less service charge) at Using your eCard Plus, you can check your
reasonable terms that will come in handy for any member. If GSIS records, renew your active status
the availing member still has an outstanding balance from the (for pensioners), and even apply for GSIS
old P5,000- Cash Advance Loan, it will be deducted from the loans, when you go to any G-W@PS kiosk
proceeds of the new loan. installed in all GSIS offices and other
major government offices all over the
The loan bears an interest rate of 12 percent payable in three country.
years.
Apply for a Loan
Who can avail of the Cash Advance Loan?
To qualify for the P10,000-Cash Advance Loan, a member
Members can apply for ConsoLoan, the
must have at least three correct premium for personal and
one-time P10,000 Cash Advance, and
government share within the last six months prior to
Policy Loan, while pensioners can get
application of the loan.
Pension Loan using their eCard Plus.
A member can avail of the P10,000-Cash Advance Loan only
once.
Check your Record
How can members apply for the P10,000-Cash Advance
Loan? Know your membership records, record
A member can apply for the P10,000-Cash Advance Loan of creditable services, loans and other
using the GSIS Wireless Automated Processing System (G- important facts about your GSIS
W@PS) kiosk installed in all GSIS servicing offices and select membership. Heres how.
government offices nationwide.
ECard Replacement
To apply for the P10,000-Cash Advance Loan using the kiosk,
a member needs to first place his eCard Plus on the card Heres how you can get a new eCard Plus
reader of the kiosk. Then, he needs to place any of his pre- in case you lose or damage the one you
selected fingers on the fingerprint biometric scanner of the have.
kiosk. Using the touch screen monitor of the G-W@PS, a
member must select cash advance from the list of loans Online banking
available on the loan menu and follow the simple instructions
that will be displayed on the screen to complete the
Manage your eCard Plus ATM account or pay
transaction.
bill online.

E-CARD PLUS
HOSPITALIZATION
The GSIS eCard is, by far, the most innovative government-
issued identification card today. This is because the eCard GSIS Hospitalization Support Program
Plus is not just a GSIS membership ID Card, it is also a GSIS
transactional card, disbursement card, ATM Card, VISA debit The Government Service Insurance System Hospitalization
card, hospitalization discount card, medicine discount card, Support Program (GHSP) is one of the many innovative and
and tuition discount card, among others. truly caring services being provided by the GSIS for its
members, their dependents and old-age pensioners.
Launched in 2004, the GHSP works like an exchange deal
eCard Plus as utility card between GSIS and the partner-hospitals. Under the program,
the GSIS buys medical equipment and lends these to select
The eCard Plus is really the ultimate all-in- hospitals. In exchange, the partner-hospitals provide
one card. Learn more how more and discounts to GSIS members, their dependents, and
more GSIS members and pensioners are pensioners. The medical equipment remain the property of
experiencing its many benefits. the GSIS. Active GSIS members, their dependents, and old-
age pensioners can avail of 10 50 percent discount in the

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use of the medical equipment, laboratory services, room, hospital also gained the distinction of being the first and only
medicines and other medical services from various partner- ISO certified medical center north of Manila.
hospitals, including outpatient services and emergency cases.
The GHSP discounts are on top of the mandatory Philhealth The hospital is now a modern 136-bed medical center with
discounts and may be used in combination with the health about 350 workers, or an average of about three workers for
maintenance organization (HMO) card and senior citizens every patient. It is accredited by the Philippine Healthcare
card. Insurance Corporation and licensed as a Level 4 hospital by
the Department of Health. The hospital is departmentalized
To date, a total of 203,372 members and pensioners of the containing separate rooms and wards for surgical, pediatric
GSIS have availed of the discounts under the program, with and medical and obstetrical cases. It has a fully accredited
discounts amounting to P 271 million. training program in Family Medicine.

Among the partner-hospitals of the GSIS under this program DAVAO MEDICAL SCHOOL FOUNDATION HOSPITAL (DMSFH)
include the Perpetual Succour Hospital in Cebu; Lorma Davao Medical School Foundation Hospital (DMSFH) is the
Medical Center in San Fernando, La Union; Davao Medical GSISs partner-hospital in Mindanao since September 2007.
School Foundation Hospital in Bajada, Davao City; and West DMSFH was established in July 1976 to address the lack of
Visayas State University Medical Center in Iloilo City. doctors serving the rural communities and the lack of
specialists in the urban centers of Mindanao. Its College of
Meanwhile, the GSIS has concluded its successful GHSP Medicine was the first of its kind to be set up in Mindanao
partnership with UST Hospital, Capitol Medical Center and is dedicated in providing quality medical education and
(CMC), and Angeles University Foundation Medical Center training to both rural and urban communities.
(AUFMC). However, both CMC and AUFMC are still giving
the GHSP discounts with the use of the equipment DMSFH, a 100-bed, 4-storey building tertiary care hospital, is
purchased under the program. run by a consortium, the members of which are the Ateneo
de Davao University, Brokenshire Memorial Hospital, the
EXISTING PARTNER-HOSPITALS UNDER THE GHSP Development of Peoples Foundation, San Pedro Hospital,
and San Pedro College.
PERPETUAL SUCCOUR HOSPITAL (PSH)
WEST VISAYAS STATE UNIVERSITY MEDICAL CENTER
(WVSUMC)
Perpetual Succour Hospital (PSH), located in Lahug, Cebu, was
accredited in February 2004. It was the first hospital outside
Metro Manila to partner with the GSIS under the GHSP. PSH West Visayas State University Medical Center (WVSUMC) is
was established in June 30, 1936 and was then known as Holy the GSISs partner-hospital in Iloilo City since May 2009.
Child Hospital. Today, it is now a successful hospital with a Established in May 1987, the hospital started as a 150-bed
240-bed capacity, tertiary training and education facility, tertiary training hospital with 100 beds for service/charity
committed to the truest expression of Catholic values and is patients and 50 beds for pay patients. On November 29,
recognized for its tradition of medical innovation and 2001, WVSUMC increased its bed capacity from 150 beds to
leadership in various specialties. 300 beds and became WEST VISAYAS STATE UNIVERSITY
MEDICAL CENTER. It has residency training programs in the
following fields: Anesthesiology, Internal Medicine,
Its state-of-the-art care is matched only by its unrelenting
Pediatrics, OB/Gynecology, Orthopedics, Surgery, EENT,
commitment to serve and unhesitating dedication to reach
Psychiatry, Radiology, and Pathology.
out to those in need. These values are incorporated into the
very fiber of the institution and its employees.
G-CARE PLANS
PSH now offers one of the countrys world-class and highly-
specialized health care system in cardiac, cancer, kidney, and G-Care offers motor vehicle insurance, personal accident
physical rehabilitation. insurance, and fire insurance at, bar none, the most
affordable rates in the country.
LORMA MEDICAL CENTER (LMC)
MyShield
Lorma Medical Center (LMC) is the GSISs partner-hospital in
Northern Luzon since March 2004. LMC is the best-known My Shield is the lowest insurance premium rate against
and largest private hospital in Region 1. Since its launch in personal accident in the market today with about P40 for
1934, LMC has set the standard in quality care, cleanliness, every P50,000 annual coverage. You can have a minimum
specialization and technological advancement. In 1970, it coverage of P50,000 to a maximum of P5 million.
was adjudged as the Most Outstanding Hospital in the
Philippines for Community Service. In 2002, it was awarded
the healthiest Private Hospital in Region 1. In 2008, the

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HomeShield

Some people say that it is better to be robbed of valuables at


home than your home being engulfed in fire. So as not to be
sorry when fire struck, insure with the G-Care Home Shield
fire insurance.

AutoShield

Leaving the home garage leaves an air of restlessness with


the thought of encountering a road accident. The G-Care
Auto Shield insurance program prevents this restlessness
with its comprehensive insurance coverage that can be yours
at 20% less!

c a r e l l r y z a n a r t a t e z 28

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