A Briefer, AY 2015

Atty. Kristine Dacuyan-Eugenio

SOCIAL SECURITY COMMISSION

& SOCIAL SECURITY SYSTEM
PREVIEW
 No unified pension system in the Philippines
 Composition RA 8282, RA 10149
 Powers and Jurisdiction
 SSC relationship with SSS
 SSS Mandate: Universal coverage
- Special arrangements
Rationale: Meaningful & timely protection in
contingencies
 Coverage: Employer
Employee
COMPOSITION,TERMS
 Seven Commissioners (RA 8282) coterminous
-Labor; Management; General Public
-PCEO technically a Board Member
-DOLE Secretary as ex officio member
- At least one woman
-Chairperson is distinct from PCEO
 Seven Commissioners;One year term RA 10149

 PCEO may be removed by Commission

* Governance Commission for GOCCs regulation

POWERS OF THE SSC
 Quasi-judicial: Cases for collection, benefits, etc
 Quasi-legislative, Policy-making

 Administrative

 Compliance/ Good governance

 RULE 43 Revised Rules of Court

 Nominal Party in appellate cases?

 ? Condonation
JURISDICTION
Appellate Courts
Court of Appeals
Supreme Court

Social Security
Commission

SSS Branches
MANDATE

 Universal Coverage
 Provide meaningful and timely protection to

MEMBERS & BENEFICIARIES in contingencies:

- -Maternity –Sickness –Disability

- -Retirement – Death (& Funeral) -Calamity

- Loans are privileges

- Not an Insurance Contract; Not by virtue of

succession alone; Public policy & Law
important considerations
COVERAGE
All kinds of employment: more or less permanent
in nature [Context significant: farming]
 EMPLOYERS

-first date of operation or hiring of first employee

 EMPLOYEE

-first day of work

Regardless of failure or refusal of ER, the EE’s
entitlement and amount thereof shall not be
prejudiced
TYPES OF EMPLOYEE COVERAGE

I. COMPULSORY/EMPLOYED
II. SELF-EMPLOYED
III. VOLUNTARY

General Rule: You can shift I to II or I to III. You

can shift II to III and II to I. You can go straight
to II at first instance but not to III.
? Overlap w/ GSIS Coverage
? Two employers which remit SS contributions
COMPULSORY COVERAGE
 Coverage shall be compulsoy upon all
employees not over 60 years of age & their
employers
 Determines who is entitled to protection & who
shall contribute
 Date of effectivity important because delay will
result in penalties; Accurate reporting for
coverage and remittance contribution prevents
Damages;
 Forms to be used and submission guidelines
EMPLOYEES INCLUDE
 Insurance Agents, Underwriters
 Jeepney writers (of jeepney operators)

 Agricultural workers

 Household helpers, driver, cook, gardener,

nursemaid (even prior to Kasambahay Law)
 EMPLOYERS include all who use the services of
another person in business, trade, industry or
undertaking;
 Foreign Principal & Manning Age cy

 Household Employers
SELF-EMPLOYED & VOLUNTARY
 SELF-EMPLOYED with income x < = P1,000
 Self-employed professionals
 Partners, Single Proprietors
 Actors, Directors, Scriptwriters
 Professional Athletes, Coaches, Referees GAB
 Real Estate Brokers, Actuaries
 Individual Farmers-cultivation & tillage, dairying
& harvest of agri & holticultural products
 Fisherfolk- fishing, catching, raising or
gathering marine & other aquatic products
VOLUNTARY

 Non Working Spouses- full time management

of household; 50% of monthly salary of spouse
 Overseas Filipino Workers or those whose
source of income in foreign
 Under Special Arrangement (EE of Foreign
Government w/ administrative agreement)
 Filipino seafarers in foreign vessels (Sta Rita)

 Informal Sectors
SOME DISCUSSION POINTS

 Julieta Pinote Case

 Veterans Hospital VMMC Golf Course

 Condonation

 Social Security Protection

 Reckoning date: upon registration & payment

of 1st contribution in case of initial coverage
 Flexi Fund Program of OFW

 Pension, Fund Perpetuity, Inter Generational