SSS LAW

(R.A.8282)
REPUBLIC ACT NO. 8282

AN ACT FURTHER STRENGTHENING

THE SOCIAL SECURITY SYSTEM THEREBY
AMENDING FOR THIS PURPOSE REPUBLIC
ACT NO.1161, AS AMENDED OTHERWISE
KNOWN AS THE SOCIAL SECURITY LAW.
 Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled:

SECTION 1. Republic Act No. 1161, otherwise known as

the "Social Security Law,“ is hereby further amended
to read as follows:

SEC.1.Short Title. This Act shall be known as the

“Social Security Act of 1997”
SEC.2.Declaration of Policy.

It is the policy of the State to establish, develop,

promote and perfect a sound and viable tax exempt social
security system suitable to the needs of the people
throughout the Philippines which shall promote social
justice and provide meaningful protection to members and
their beneficiaries against the hazards of disability,
sickness, maternity, old age, death, and other
contingencies resulting in loss of income or financial
burden. Towards this end, the State shall endeavor to
extend social security protection to workers and their
beneficiaries.
GSIS LAW
(R.A.8291)
REPUBLIC ACT NO. 8282

An act amending Presidential Decree

No.1146 as amended, expanding and
increasing the coverage and benefits of the
government service insurance system,
instituting reforms therein and for other
purposes.
SECTION I.
Presidential Decree No.1146, as amended,
otherwise known as the “Revised Government
Service Insurance System of 1977”, is hereby
further amended to read as follows:

Section I. Title – The short title of this Act shall

be: “ The Government Service Insurance Act
of 1997”, is hereby further amended to read
as follows:
A. Definitions
Sec.2. Definition of Terms – Unless the context otherwise indicates, the
following terms shall mean

a. GSIS- The Government Service Insurance System created by Commenwealth

Act.No.186
b. Board – The Board of the Trustees Government Service Insurance System
c. Employer – The national government, its political subdivisions, branches,
agencies or instrumentalities, including government- owned or controlled
corporations and financial institutions with original charters, the constitutional
commissions and the judiciary.
d. Employee or Member – Any person, receiving compensation while in the
service of an employer as defined herein, whether by election or appoinment,
irrespective of status of appoinment , including barangay and sanggunian
officials.
e. Active Member – A member who is not seperate from the service.
 of the average monthly compensation in excess of
one thousand (P1,000.00)
(n) Lump sum — The basic monthly pension multiplied by sixty (60);
(o) Pensioner — Any person receiving old-age or permanent total disability pension or any
person who has received the lump sum excluding one receiving survivorship pension benefits
as defined in Section 20 of this Act;
(p) Gainful Occupation — Any productive activity that provided the member with income at
least equal to the minimum compensation of government employees;
(q) Disability — Any loss or impairment of the normal functions of the physical and/or mental
faculty of a member which reduces or eliminates his/her capacity to continue with his/her
current gainful occupation or engage in any other gainful occupation;
(r) Total Disability — Complete incapacity to continue with his present employment or engage
in any gainful occupation due to the loss or impairment of the normal functions of the physical
and/or mental faculties of the member;
(s) Permanent Total Disability — Accrues or arises when recovery from the impairment
mentioned in Section 2(Q) is medically remote;
(t) Temporary Total Disability — Accrues or arises when the impaired physical and/or mental
faculties can be rehabilitated and/or restored to their normal functions;
(u) Permanent Partial Disability — Accrues or arises upon the irrevocable loss or impairment
of certain portion/s of the physical faculties, despite which the member is able to pursue a
gainful occupation.
SECTION 3. Compulsory Membership. — Membership in the GSIS shall be
compulsory for all employees receiving compensation who have not reached the
compulsory retirement age, irrespective of employment status, except members of the
Armed Forces of the Philippines and the Philippine National Police, subject to the
condition that they must settle first their financial obligation with the GSIS, and
contractuals who have no employer and employee relationship with the agencies they
serve.
“Except for the members of the judiciary and constitutional commissions who shall
have life insurance only, all members of the GSIS shall have life insurance, retirement,
and all other social security protection such as disability, survivorship, separation, and
unemployment benefits.

SECTION 4. Effect of Separation from the Service. — A member separated from the
service shall continue to be a member, and shall be entitled to whatever benefits he has
qualified to in the event of any contingency compensable under this Act.
SECTION 5. Contributions. — (a) It shall be mandatory
for the member and the employer to pay the monthly
contributions specified in the following schedule:
“Monthly Compensation Percentage of Monthly
Compensation Payable by
Member Employer
I. Maximum Average
Monthly Compensation
(AMC) Limit and Below 9.0% 12.0%
II. Over the Maximum AMC Limit
III.
— Up to the Maximum AMC Limit 9.0% 12.0%
— In Excess of the AMC Limit 2.0% 12.0%
Members of the judiciary and constitutional commissioners shall pay three
percent (3%) of their monthly compensation as personal share, and their
employers a corresponding three percent (3%) share for their life insurance
coverage.
“(b) The employer shall include in its annual appropriation the necessary
amounts for its share of the contributions indicated above, plus any
additional premiums that may be required on account of the hazards or risks
of its employees’ occupation.
“(c) It shall be mandatory and compulsory for all employers to include the
payment of contributions in their annual appropriations. Penal sanctions
shall be imposed upon employers who fail to include the payment of
contributions in their annual appropriations or otherwise fail to remit the
accurate/exact amount of contributions on time, or delay the remittance of
premium contributions to the GSIS. The heads of offices and agencies shall
be administratively liable for non-remittance or delayed remittance of
premium contributions to the GSIS.
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
“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.
“(b) The basic monthly pension may be adjusted upon the recommendation of
the President and General Manager of the GSIS and approved by the President
of the Philippines in accordance with the rules and regulations prescribed by the
GSIS: Provided, however, That the basic monthly pension shall not be less than
One thousand and three hundred pesos (P1,300.00): Provided, further, That the
basic monthly pension for those who have rendered at least twenty (20) 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.
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:
Provided, That he has been paying integrated contributions for at least one (1)
year prior to separation. Unemployment benefits shall be paid in accordance
with the following schedule:
“Contributions Made Benefit Duration
1 year but less than 3 years 2 months
3 or more years but less than 6 years 3 months
6 or more years but less than 9 years 4 months
9 or more years but less than 11 years 5 months
11 or more years but less than 15 years 6 months
SECTION 13. Retirement Benefits. — (a) Retirement benefit shall be:
“(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 five-year
(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 has less than fifteen
(15) years of service, he may be allowed to continue in the service in
accordance with existing civil service rules and regulations.
 SECTION 13-A. Conditions for Entitlement. — A
member who retires from the service shall be entitled to
the retirement benefits in paragraph (a) of Section 13
hereof: Provided, That:
(1) he has rendered at least fifteen (15) years of service;
(2) he is at least sixty (60) years of age at the time of
retirement; and
(3) he is not receiving a monthly pension benefit from
permanent total disability
SECTION 15. General Conditions for Entitlement. — A member who suffers
permanent disability for reasons not due to his grave misconduct, notorious
negligence, habitual intoxication, or 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 conditions therefore.
“SECTION 16. Permanent Total Disability Benefits. — (a) If the permanent
disability is total, he shall receive a monthly income benefit for life equal to the
basic monthly pension effective from the date of disability: Provided, That:
(1) he is in the service at the time of disability; or
(2) if separated from the service, he has paid at least thirty-six (36) monthly
contributions within the five (5) year period immediately preceding his disability,
or has paid a total of at least one hundred eighty (180) monthly contributions,
prior to his disability: Provided, further, That if at the time of disability, he was in
the service and has paid a total of at least one hundred eighty (180) monthly
contributions, in addition to the monthly income benefit, he shall receive a cash
payment equivalent to eighteen (18) times his basic monthly pension: Provided,
finally, That a member cannot enjoy the monthly income benefit for permanent
disability and the old-age retirement simultaneously.
b) If a member who suffers permanent total disability does not satisfy conditions
(1) and (2) in paragraph (a) of this section but has rendered at least three (3) years
service at the time of his disability, he shall be advanced the 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) which should have been his separation benefit.
“(c) Unless the member has reached the minimum retirement age, disability
benefit shall be suspended when:
“(1) he is reemployed or
“(2) he recovers from disability as determined by the GSIS, whose decision shall
be final and binding; or
“(3) he fails to present himself for medical examination when required by the
GSIS.
“(d) The following disabilities shall be deemed total and permanent:
“(1) complete loss of sight of both eyes;
“(2) loss of two (2) limbs at or above the ankle or wrist;
“(3) permanent complete paralysis of two(2) limbs;
“(4) brain injury resulting in incurable imbecility or insanity; and
“(5) such other cases as may be determined by the GSIS.
SECTION 20. Survivorship Benefits. — When a member or pensioner dies,
the beneficiaries shall be entitled to survivorship benefits provided in
Sections 21 and 22 hereunder subject to the conditions therein provided for.
The survivorship pension shall consist of:
(1) the basic survivorship pension which is fifty percent (50%) of the basic
monthly pension; and
(2) the dependent children’s pension not exceeding fifty percent (50%) of the
basic monthly pension.
“SECTION 21. Death of a Member. — (a) Upon the death of a member, the
primary beneficiaries shall be entitled to:
(1) survivorship pension: Provided, That the deceased:
(i) was in the service at the time of his death; or
(ii) if separated from the service, has at least three (3) years of service at the
time of his death and has paid thirty-six (36) monthly contributions within
the five-year period immediately preceding his death; or has paid a total of at
least one hundred eighty (180) monthly contributions prior to his death; or
2) the survivorship pension plus a cash payment equivalent to one hundred percent
(100%) of his average monthly compensation for every year of service: Provided,
That the deceased was in the service at the time of his death with at least three (3)
years of service; or
(3) 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 (P12,000.00): Provided, That the deceased has rendered at least three
(3) years of service prior to his death but does not qualify for the benefits under the
item (1) or (2) of this paragraph.
SECTION 23. Funeral Benefit. — The amount of funeral benefit
shall be determined and specified by the GSIS in the rules and
regulations but shall not be less than Twelve thousand pesos
(P12,000.00): Provided, That it shall be increased to at least Eighteen
thousand pesos (P18,000.00) after five (5) years and shall be paid
upon the death of:
(a) an active member as defined under Section 2(e) of this Act; or
(b) a member who has been separated from the service, but who may
be entitled to future benefit pursuant to Section 4 of this Act; or
(c) a pensioner, as defined in Section 2(o) of this Act; or
(d) a retiree who at the time of his retirement was of pensionable age
under this Act but who opted to retire under Republic Act No. 1616.