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15 August 2016
INTRODUCTION
The term social legislation refers to a body of laws that provide protection
or benefits to society, or segments thereof. It is a means to achieve social justice
as a goal of the State. The systems created and enforced by these laws seek to
provide assistance to covered individuals and their families in case of
occurrences which cause loss of income, and other financial burdens including
disabilities and illness.
The Social Security Law of 1997 (Republic Act No. 1161, as amended),
the Government Service Insurance System Act of 1997 (Republic Act No. 8291),
and the Employees' Compensation Title in the Labor Code of the Philippines
(Presidential Decree No. 442, as amended) are three examples of social
legislation presently in place in the Philippines. The general purposes of this
form of legislation include improving the economic status of workers, address
the uncertainties, delay, expense and hardship that go along with the
enforcement of court remedies; to transfer from the worker to the employing
industry a larger proportion of the economic loss due to industrial accidents and
injuries; to improve employer-employee relationships by reducing the need for
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abroad; employees separated from employment who want to maintain their right
to full benefits; self-employed individuals who realize no income in a certain
month; and spouses who devote full time to managing the household and family
affairs, unless specifically mandatorily covered.
Any foreign government, international organization or wholly owned
instrumentality which employs workers in the Philippines or employs Filipinos
outside the Philippines is permitted to enter into an agreement with the national
government to include such employees in the SSS, except those covered by civil
service retirement systems in foreign countries.
Those who are purely casual employees; perform services on or in
connection with alien vessels outside the Philippines; perform services for
foreign governments; and are temporary employees, are excluded by SSS
regulation.
The GSIS covers employers and employees in the public sector. The
national government, it's subdivisions, branches, agencies and instrumentalities,
including GOCCs, are covered as employers. Any persons employed by such
covered employers are also deemed covered as employees.
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Under the GSIS, employers are covered beginning from their first day of
operations. Employees are covered starting from their first day of employment.
Under Employees' Compensation, employers are covered from either their
first day of operation or from January 1, 1975, whichever is later. Employees are
covered from their first day of employment.
DEPENDENTS
Under the SSS, the dependents who are entitled for support include the
legal spouse; children, whether legitimate, legitimated, legally adopted or
illegitimate, but must be unmarried, not gainfully employed, under the age of 21,
or incapable of supporting himself either physically or mentally; and the parents,
dependent on the member for support.
Under the GSIS, the dependents who are entitled for support include the
legal spouse; children, whether legitimate, legitimated, legally adopted or
illegitimate, but must be unmarried, not gainfully employed, under the legal age
of majority, or incapable of supporting himself either physically or mentally; and
the parents, dependent on the member for support.
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disability
unemployment.
pay,
survivorship
benefits,
separation
pay,
and
insurance benefits.
Under the Employees' Compensation, the benefits that members are
entitled to are medical, disability and death only.
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BENEFICIARIES
Under the SSS, the primary beneficiaries are the dependent spouse until
remarriage, and dependent legitimate or legitimated or legally adopted and
illegitimate children. Secondary beneficiaries are dependent parents, and in the
absence of primary and secondary beneficiaries, any other person designated
by the member as a secondary beneficiary. In regard to death benefits, if no
beneficiary qualifies under the law, the benefits shall be paid to the legal hairs in
accordance with the law on succession.
Under the GSIS, the primary beneficiaries are the legal dependent
spouse, until remarriage, and dependent children. Secondary beneficiaries are
dependent parents and legitimate descendants subject to restrictions on
dependent children and legitimate descendants.
Under Employees' Compensation, primary beneficiaries are the legitimate
spouse living with the employee at the time of his or her death, until he or she
remarries, and legitimate, legitimated, legally adopted or acknowledged natural
children, who are unmarried, not gainfully employed, not over 21 years of age, or
over 21 years of age, but incapacitated and incapable of self support.
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benefits; and the employee may continue to pay the total contributions to
maintain his right to full benefits.
Under the GSIS Law, a member who is separated from the service will
continue to be a member, and is entitled to whatever benefits he has qualified for
in the event of any contingency compensable under the law.
ADMINISTRATION
The SSS is directed and controlled by a Social Security Commission. The
GSIS, on the other hand, is self-governed, with the controlling body built into the
organization itself. The Employees' Compensation Fund is administered by an
Employees' Compensation Commission, which is a quasi-judicial corporate
entity attached to the Department of Labor and Employment for policy
coordination and guidance.
BASIS OF CLAIMS
Under the SSS Law, non-work connected disabilities sicknesses,
maternity, death, and old age and other contingencies resulting in loss of income
or financial burden may be the basis of claims filed by the member.
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Under the GSIS Law, claims must be work-connected, and the System will
be exempt from liability where the member suffers from disability because of his
grave misconduct, notorious negligence, habitual intoxication or willful intention
to kill himself or another.
SETTLEMENT OF CLAIMS AND DISPUTES
Under
the
SSS
Law,
disputes
arising
from
coverage,
benefits,
contributions, penalties, and any matters related thereto are under the
jurisdiction of the Social Security Commission. Decisions must be made within
20 days from submission of evidence. Appeals may be made to the Court of
Appeals for questions of law and fact, and to the Supreme Court for pure
questions of law. The prescriptive period for claims is 20 years from the time of
delinquency.
Under the GSIS Law, any dispute arising under the act, and other laws
administered by the GSIS are for the jurisdiction of the GSIS. Decisions must be
made within 30 days from receipt of the hearing officer's findings and
recommendation, or 30 days after submission for decision. Appeals may be
made to the Court of Appeals under Rule 43, Section 31. Alternatively, they may
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be brought up to the Supreme Court under Rule 45. The prescriptive period is 4
years from the date of contingency, except for life and retirement benefits.
CONCLUSION
It is apparent that although there is a common overarching purpose for all
three of these pieces of social legislation, there are a number of facets of each
of these that make them distinct.
individuals, and confers varying rights and obligations upon those covered by
their scope. All three laws, however, work in harmony to ensure that all Filipino
workers are have access to benefits, that improve their economic status; shift
the burden of economic loss due to injuries to the employer; and provide these
workers with expedient and non-litigious means of augmenting their financial
issues associated with industrial accidents.
We have attached herewith, as Annex A, a more detailed, code-based
description of the distinctions among the SSS Law, GSIS Law and the
Employees' Compensation Title, given in tabular form. Kindly reference Annex
A for added information on the distinctions discussed above in this paper, and
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ANNEX A
Comprehensive Comparative
Analysis of SSS Law, GSIS Law
and Employees' Compensation Title
in Tabular Format
SSS Law
Persons
Covered
GSIS Law
Employees
A
a) All employees not over 60(a) Employer- The national(a) Every em
years
of
age
and
employers.
-
In
theirgovernment,
its
political(b) Every em
subdivisions,
case
helpers,
of
branches,60 years of a
domesticagencies
their
orXPN: An em
monthlyinstrumentalities,
includingyears of age
managing
orbeen paying
institutions
householdoriginal
charters,
withand
thecompulsorily
commissions(c) An
or
is
toAny
person,
emp
coverable by
has
SSS
receivingcompulsorily
Filipinos
recruited
byservice of an employer as
election
or
(d) Self-employed
irrespective
appointment,
of
status
of
appointment,
including
Active
member
Memberwho
is
A
not
earlier than J
employment
- For self-employed persons:
Upon his registration with
Dependents
SSS
(a) The legal spouse entitled (a)
Legitimate
spouse(a) Legitima
acknowledge
adopted,legally
adopted
the
is
child,gainfully emp
illegitimateover twenty-o
provi
age
of
majority
butof self-supp
is
Benefits
the
member
The
pa
foremployee wh
member.
- Monthly Pension
- Disability Be
All members:
- Dependents Pension
- Separation Benefits
- Retirement Benefits
- Sickness Benefits
Involuntary
Permanent
Unemployment
- Death Bene
Separation
DisabilityBenefits
Benefits
- Retirement Benefits
- Death Benefits
- Funeral Benefits
Permanent
Disability
- Funeral benefits
- Life Insurance Benefits
Judiciary:
-
The
Insurance
Beneficiaries Primary:
(1)
Life
legal
dependent(1)
The
legal
Benefits
Primary:
spouse
until
remarries; and
remarries; and
living with th
the time of
death until he
legitimated
(2) Legitima
adopted
or
and
legally
illegitimate
legally
Secondary:
children
acknowledge
and,
(2)
Absent
primary
not gainfully
he
incapable of
member
due to phys
as
secondary
beneficiary
is
inca
defect which
acquired
du
Others:
Provided,
fu
dependent
natural
considered
accordance
beneficiary
succession
with
law
of
chi
only when th
dependent c
qualified
an
monthly
in
provided fina
are
two
acknowledge
children,
th
counted from
and without
not exceeding
Secondary:
wholly depen
employee
support;
(2)
The
descendants
children who
not gainfully
not over 21 y
over
21
provided
incapacitated
of self - s
physical or
which
is
acquired duri
Contribution
calendars
monthand employee
average-Government Guarantee
takes effect.
Government
Guarantee
Compensation - All actual remuneration for
received
by
an
mandated cost-of-living
employee, pursuant to
allowance
his
election/appointment,
excluding per diems,
bonuses, overtime pay,
honoraria, allowances
and
any
other
emoluments
received in addition to the
basic pay which are not
integrated into the basic pay
Average Monthly
Compensation/C
redit
dividing
the
aggregate
compensation received
salary
immediately preceding
the
months
contingency by sixty
of
service
preceding
his
(60),
credits
semester
or
the
result
separation/retirement/
obtained
disability/death
by
number of months he
paid
received
semester
such
by
of
prior
dividing
to
the
of
compensation if he has
contingency
by
number
monthly
months of service
contributions
of
paid
the
in
Same w
the same
result
obtained
compensation or the
actual
Amount of
Benefits
GSIS
compensation divided
immediately
by
the
number
of
month of contingency
eighty (180)
but
Amount of retirement
Same
monthly
not
to
exceed
Death b
benefits,
death
the ca
benefits,
permanent
benefic
monthly compensation
monthly
benefits depends on
for
shall b
service
given determined by
each
year
he
of
paid
the
benefit
SSS.
Basic monthly pension
Twelve
total d
thousand
pesos
shall be
(P12,000)
payable
five ye
less
upon
than
reaching
sixty
for
upon
child bu
separation,
as
the
member
has
by ten
ea
five (5)
the
Unemployment
or
without
Involuntary Separation
provide
Benefits equivalent
aggrega
benefit
case of
compensation shall be
in no c
paid to a permanent
monthly
employee
is
actually
involuntarily separated
the em
who
time of
20 CYS
Funeral
the
his
provide
position
the mi
Benefit. A
funeral
office
grant
equivalent to Twelve
thousand
equivalent
to
percent
daily
ninety
(90%)
credit
Maternity
of
salary
or
benefit
reorganization
less
Leave
thousan
-
Permanent
Total
(P15,00
Disability Benefits If
the
death b
permanent
paid du
disability is total, he
period
benefit - equivalent to
sixty
of
pesos
(P12,000.00)
Sickness
benefit
average
abolition
days
or
to
monthly
the
basic
pension
are enti
If the
been re
benefits
total d
time of
primary
Permanent
shall
Partial
in case of caesarean
Disability Benefits. If
monthly
delivery
equival
percent
payment in accordance
depend
with
of
equival
schedule
disabilities
to
be
percent
prescribed
by
the
for
GSIS:
ev
child bu
five (5
-
Temporary
Total
Disability Benefit.
the
without
(b) In
second
benefic
income
payable
in Section 15 hereof
pension
shall
to
exceed
percent
sixty (6
the ag
benefit
less tha
If the
be
entitled
seventy-five
thereof of temporary
disability
benefit
exceeding
not
one
his
sick
leave
but
not
earlier
been re
income
perman
disabilit
his
second
benefic
paid
pension
depend
the rem
his
of
temporary
total
disability
guarant
Survivorship benefit -
(ECC
basic
2799, J
Funeral
survivorship
-
funeral
Thousa
the
(P3,000
dependent
paid up
a cover
of
the
perman
basic
monthly pension.
-
disable
Monthly
Benefit
case o
thousand
the am
(P12,000.00):
pesos
to one
percent
be increased to at least
sum
Eighteen
thousand
monthly
(P18,000.00)
multiplie
pesos
replace
one an
(1-1/2%
average
credit fo
year
excess
Provide
monthly
shall in
than P
Howeve
monthly
survivin
shall
automa
simulta
extent
percent
differen
income
betwee
and the
(20%)
monthly
betwee
be ma
1286; E
No.
1984).
(b) In t
GSIS,
income
the
pension
PD 11
percent
but sha
than P
than th
at
th
conting
Resolut
July 25
Tempor
disabilit
employ
benefit
total di
paid an
equival
percent
average
credit,
followin
(1) The
benefit
less th
more th
paid lo
days
disabilit
injury
requires
extensi
that las
days, b
240 day
disabilit
he shal
for
te
disabilit
extende
(2)
income
suspen
employ
submit
medica
by
physicia
under S
hereof.
3682, J
Perman
disabilit
the cas
(1)
A
entitled
total d
shall b
System
income
defined
[sic] Ru
Rules.
(b) Th
months
coverag
number
contribu
to the S
contribu
than
Compe
before
The
income
paid
compen
of disab
(c) T
precedi
semest
total di
conside
purpose
the
benefit
total dis
Sec.
Benefit
Childre
depend
not
counted
younge
substitu
entitled
percent
income
employ
Rules s
causes
accrued
1978.
Sec. 5
the
Benefit
(a) T
of the
benefit
under
Rules
applica
conting
occurrin
January
Howeve
conting
occurre
1978, t
P12,00
whichev
shall be
In the c
the
pr
income
current
shall b
twenty
effectiv
1980.
In the
GSIS,
income
current
shall b
recomp
the
tw
(20%)
the be
1146 e
1, 1980
Perman
disabilit
3. Amo
(a)
entitled
partial
shall b
System
income
number
indicate
hereof.
number
exceed
income
paid
pension
System
income
sum
pension
(b)
I
perman
disabilit
total
membe
monthly
be paid
the per
for the
membe
with the
the par
the tot
result
fraction
be rou
next hig
(c)
I
simulta
more th
or a p
same m
shall b
period e
sum
establis
of the
thereof
exceed
result
fraction
be rou
higher i
(d) The
the
benefit
under
Rules
applica
conting
occurrin
January
Howeve
conting
occurre
1978, t
P12,00
whichev
shall be
In the c
the
pr
income
current
shall b
twenty
effectiv
1980.
In the
GSIS,
income
current
shall b
recomp
the
tw
(20%)
the ben
1146 e
1, 1980
Sec.
Injuries
(a)
injuries
listed i
under
hereof,
be an
equival
percent
perman
capacit
(Non-S
Administration
Social
Security
The
Government
Service
System
this Act,
the Social
Security
System,
Disabili
The
Insurance
Compe
created
Commi
under Commonwealth
judicial
Act
attache
as
No.
186
shall
hereinafter referred to
implement
as "SSS", a corporate
and
Some
and
policy c
place of business in
guidanc
Metro Manila,
Philippines, is hereby
are;
Commi
by the
body,
with
principal
powers
the
Departm
be
directed
Labor a
controlled by a Social
such
and ha
Security Commission,
regulations as may be
as
hereinafter referred to
Preside
as "Commission"
the
GSIS
Some
powers
functions
of
and
and
the
Commission are;
(1) To adopt, amend
and rescind, subject to
the approval of the
President
of
the
rules
provisions
and
and
Genera
PHIC
ECC
Directo
membe
responsibilities of the
membe
the
employees;
employ
annual
supplemental
of
receipts
and
budget
and
(2)
To
establish
expenditures including
salaries
members
consist
which
of
will
voluntary
contributions
employers
and
personnel;
of
and/or
employees,
self
indirectly,
in
employed
and
accordance
voluntary
members
with
the
dispose
to such members or
manner recognized by
their
beneficiaries,
of,
in
property
and regulations as it
Philippines
or
elsewhere
necessary
approved
to
out
by
the
carry
in
any
the
the
President
of
the
Philippines;
(3) To maintain
(e)
a
of
contributions made by
to
conduct
continuing
actuarial
valuations
to
succession;
employees
their
and conditions as it
may prescribe;
and
or
description
with
or
corporation,
domestic
or foreign;
(i) to carry on any other
lawful
business
whatsoever
in
pursuance of, or in
connection
Settlement of
Claims/ Disputes
Any
under
dispute
this
arising
Act
with
the
Service
with
claim
respect to coverage,
benefits
benefits, contributions
in a pre
the
laws administered by
physicia
the GSIS.
hospita
be cognizable by the
The
Board
may
the Sys
(b) T
emerge
shall
prescrib
by the Commission, or
lawyer,
physicia
Income
to
act
as
-
by
Commission
decided
mandatory
the
and
within
period
the
of
hearing officer.
claim
benefit
a pres
the
depend
employ
behalf,
System
the cla
(3) yea
the ca
accrued
bar the
granted
Rules.
Resolut
July 25
Upon
claim, t
process
determi
not the
disabilit
compen