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3.
Compulsory Coverage
Coverage of Employees
a. A private employee who is not over 60 years old
b. A household-helper earning at least P1,000 a month is covered
starting Sept. 1, 1993.
A household-helper is any person who renders domestic or household
services exclusively to a household employer such driver, gardener,
cook, governess, and other similar occupations.
c. A Filipino seafarer upon the signing of the standard contract or
employment between the
seafarer and the manning
agency which, together with the foreign ship owner, act as employers.
d. An employee of a foreign government, international organization or
their wholly-owned instrumentality based in the Philippines, which
entered into an administrative agreement with the SSS for the
coverage of its Filipino workers.
Pointers
1. Res judicata
CASE: SSC v. Rizal Poultry and Livestock Association, Inc., et al.,
(GR no. 167050, June 1, 2011)
Issue:
Whether res judicata applies so as to preclude the SSC from resolving
anew the existence of employer-employee relationship, which issue
was previously determined in the NLRC case?
SC:
Res judicata in the concept of conclusiveness of judgment applies.
The judgment in the NLRC case pertaining to a finding of an absence
of employer-employee relationship between Angeles and respondents
is conclusive on the SSC case.
2.
Compulsory coverage
Compulsory Coverage
Coverage of Employees
a. A private employee who is not over 60 years old
b. A household-helper earning at least P1,000 a month is covered
starting Sept. 1, 1993.
A household-helper is any person who renders domestic or household
services exclusively to a household employer such driver, gardener,
cook, governess, and other similar occupations.
c. A Filipino seafarer upon the signing of the standard contract or
employment between the
seafarer and the manning
agency which, together with the foreign ship owner, act as employers.
d. An employee of a foreign government, international organization or
their wholly-owned instrumentality based in the Philippines, which
entered into an administrative agreement with the SSS for the
coverage of its Filipino workers.
Coverage of Employers
a.
An employer, or any person who uses the services of
another person in business, trade, industry or any undertaking.
A social, civil, professional, charitable and other non-profit organization
which hire the services of employees are considerable employers.
b.
A foreign government, international organization or its
wholly-owned instrumentality such as embassy in the Philippines, may
enter into an administrative agreement with the SSS for the coverage
of its Filipino employees.
Coverage of Self-Employed Persons
A self-employed person, regardless of trade, business or occupation,
with an income of at least P1,000 a month and not over 60 years old,
should register with the SSS. Included but not limited to are the
following self-employed persons: self-employed professionals;
business partners, single proprietors and board directors; actors,
actresses, directors, scriptwriters and news correspondents who do not
fall with the term employee; professional athletes, coaches, trainers
and jockeys; farmers and fisherfolks; and workers in the informal
sector such cigarette vendors, watch-your-car-boys, hospitality girls,
among others.
3.
"D. BENEFITS
"SECTION 9. Computation of the Basic Monthly Pension. (a) the
basic monthly pension is equal to:
"1) thirty-seven and one-half percent (37.5%) of the revalued average
monthly compensation; plus
years of service after the effectivity of this Act shall not be less than
Two thousand four hundred pesos (P2,400.00) a month.
"SECTION 10. Computation of Service. (a) The computation of
service for the purpose of determining the amount of benefits payable
under this Act shall be from the date of original appointment/election,
including periods of service at different times under one or more
employers, those performed overseas under the authority of the
Republic of the Philippines, and those that may be prescribed by the
GSIS in coordination with the Civil Service Commission.
"(b) All service credited for retirement, resignation or separation for
which corresponding benefits have been awarded under this Act or
other laws shall be excluded in the computation of service in case of
reinstatement in the service of an employer and subsequent retirement
or separation which is compensable under this Act.
"For the purpose of this section the term service shall include full time
service with compensation: Provided, That part time and other services
with compensation may be included under such rules and regulations
as may be prescribed by the GSIS.
"SEPARATION BENEFITS
"SECTION 11. Separation Benefits. The separation benefit shall
consist of: (a) a cash payment equivalent to one hundred percent
(100%) of his average monthly compensation for each year of service
he paid contributions, but not less than Twelve thousand pesos
(P12,000) payable upon reaching sixty (60) years of age or upon
separation, whichever comes later: Provided, That the member resigns
or separates from the service after he has rendered at least three (3)
years of service but less than fifteen (15) years; or
"(b) A cash payment equivalent to eighteen (18) times his basic
monthly pension payable at the time of resignation or separation, plus
an old-age pension benefit equal to the basic monthly pension payable
monthly for life upon reaching the age of sixty (60): Provided, That the
member resigns or separates from the service after he has rendered at
least fifteen (15) years of service and is below sixty (60) years of age
at the time of resignation or separation.
"SECTION 12. Unemployment or Involuntary Separation Benefits.
Unemployment benefits in the form of monthly cash payments
equivalent to fifty percent (50%) of the average monthly compensation
shall be paid to a permanent employee who is involuntarily separated
from the service due to the abolition of his office or position usually
resulting from reorganization
"RETIREMENT BENEFITS
"SECTION 13. Retirement Benefits. (a) Retirement benefit shall be:
"2) two and one-half percent (2.5%) of said revalued average monthly
compensation for each year of service in excess of fifteen (15) years:
Provided, That the basic monthly pension shall not exceed ninety
percent (90%) of the average monthly compensation.
"(1) the lump sum payment as defined in this Act payable at the time of
retirement plus an old-age pension benefit equal to the basic monthly
pension payable monthly for life, starting upon expiration of the fiveyear (5) guaranteed period covered by the lump sum; or
"(2) cash payment equivalent to eighteen (18) months of his basic
monthly pension plus monthly pension for life payable immediately with
no five-year (5) guarantee.
"(b) Unless the service is extended by appropriate authorities,
retirement shall be compulsory for an employee at sixty-five (65) years
of age with at least fifteen (15) years of service: Provided, That if he
Disability benefits
Permanent Total Disability
GSIS v. Montesclaros
Facts:
SB member Nicolas Montesclaros married Milagros Orbiso. Nicolas
was a 72-year old widower when he married Milagros who was then 43
years old. Nicolas died. Milagros then filed with the GSIS a claim for
survivorship pension under PD 1146. The GSIS denied the claim
because under Section 18 of PD 1146, the surviving spouse has no
right to survivorship pension if the surviving spouse contracted the
marriage with the pensioner within three years before the pensioner
qualified for the pension.
SC:
Section 18 of Presidential Decree No. 1146 void for being violative of
the constitutional guarantees of due process and equal protection of
the law. The proviso is unduly oppressive in outrightly denying a
dependent spouse's claim for survivorship pension if the dependent
spouse contracted marriage to the pensioner within the three-year
prohibited period. There is outright confiscation of benefits due the
surviving spouse without giving the surviving spouse an opportunity to
be heard. The proviso also violated the equal protection clause
because it discriminates the dependent spouse who contracts
marriage to the pensioner within three years before the pensioner
qualified for the pension.
Survivorship
Funeral
Shall be paid upon the death of:
(a)
an active member; or
(b)
a member who has been separated from the service, but
who is entitled to future separation or retirement benefit; or
(c)
a member who is a pensioner (excluding survivorship
pensioners); or
(d)
a retiree who at the time of his/her retirement is at least 60
years old but opts to retire under RA 1616; or
(e)
a member who retired under RA 1616 prior to the effectivity
of RA 8282 with at 20 years service regardless of age.
Funeral
Amount is initially P12,000 but shall be increased to at least
P18,000 after five years.
Funeral
The funeral benefit shall be paid to one of the following in the order in
which they appear herein below:
(a)
the surviving spouse;
(b)
the legitimate child who spent for the funeral services; or
(c)
any other person who can show incontrovertible proofs of
having borne the funeral expenses.
[1997]).
5.
Effectivity of Coverage
Compulsory coverage
1.
For an employee on the first day of employment
A member of GSIS who does not qualify for old age and
other benefits by reason of non-fulfillment of the required period of
service may be able to qualify for such benefits by making use of the
period during which he rendered services to a private employer and for
which contributions were paid to SSS. This is allowed under RA 7699
(approved May 1, 1994)
Are judges covered under GSIS?
10.2.1 The compulsory life policy of a regular member whose
membership classification has been converted to special member by
virtue of his appointment as a Judge, Justice or their equivalent, shall
be terminated upon separation from his old position. He shall be
provided LEP coverage upon assumption to duty to his new position.
Separation
IRR, Rule II, Sec. 2.5:
Member separated for cause
automatically forfeit
Primary beneficiaries
Survivorship
Primary Beneficiaries
On the part of the petitioners, they have not denied their fault in not
remitting the SSS contributions and loan payments of the respondents
in violation of Section 28, paragraphs (e), (f) and (h) of the SSS Law.
Instead, petitioners interposed the defenses of lack of criminal intent
and good faith, as their failure to remit was brought about by alleged
economic difficulties, and they have already agreed to settle their
obligations with the SSS through a memorandum of agreement to pay
in installments. As held by the Court of Appeals, the claims of good
faith and absence of criminal intent for the petitioners' acknowledged
non-remittance of the respondents' contributions deserve scant
consideration. The violations charged in this case pertain to the SSS
Law, which is a special law. As such, it belongs to a class of offenses
known as mala prohibita.
The law has long divided crimes into acts wrong in themselves called
acts mala in se; and acts which would not be wrong but for the fact that
positive law forbids them, called acts mala prohibita. This distinction is
important with reference to the intent with which a wrongful act is done.
The rule on the subject is that in acts mala in se, the intent governs;
but in acts mala prohibita, the only inquiry is, has the law been
violated? When an act is illegal, the intent of the offender is immaterial.
BASIS OF COVERAGE The Supreme Court held that jeepney drivers are employees of
jeepney operators in the case of the NATIONAL LABOR UNION vs.
DINGLASAN, L-7945, 23 March 1956. The Court RULED:
"...The drivers did not invest a single centavo in the business and the
respondent is the exclusive owner of the jeeps. The management of
the business is in the respondent's hands. For even if the drivers of the
jeeps take material possession of the jeeps, still the respondent as
owner thereof and holder of a certificate of public convenience is
entitled to exercise, as he does and under the law he must, supervision
over the drivers by seeing to it that they follow the route prescribed by
the Public Service Commission and rules and regulations promulgates
by its as regards their operation. X X X The only features that would
make the relationship of lessor and lessee between the respondent
and the drivers, x x x x are the fact that he does not pay them fixed
wage but their compensation is the excess of the total amount of fares
Sickness Benefit
Disability Benefit
The fact that there is no actual and direct employeremployee relationship between petitioner and respondents does not
absolve the former from liability for the latters monetary claims. When
petitioner contracted DNLs security services, petitioner became an
indirect employer of respondents, pursuant to Article 107 of the Labor
Code.