SSS VS Gsis
SSS VS Gsis
SSS VS Gsis
SSS
(RA 8282)
GSIS
(RA 8291)
The Philippine Social Security The Government Service
System (SSS) is a state- Insurance System is a
run, social insurance program in government-owned and controlled
the Philippines to workers in the corporation of the Philippines.
private, professional and informal Created by Commonwealth Act
sectors. SSS is established by No. 186 and Republic Act No.
virtue of Republic Act No.1161, 8291, GSIS is a social insurance
better known as the Social institution that provides a defined
Security Act of 1954. This law benefit scheme under the law
was later amended by Republic
Act No. 8282 in 1997.
SSS
(RA 8282)
GSIS(RA 8291)
Any person, natural or juridical, The national government, its
domestic or foreign, who carries on in political subdivisions, branches,
the Philippines any trade, business, agencies or instrumentalities,
industry, undertaking, or activity of any including government-owned or
kind and uses the services of another controlled corporations, and
person who is under his orders as financial institutions with original
regards the employment, except the charters, the constitutional
EMPLOYER Government and any of its political commissions and the judiciary.
subdivisions, branches or
instrumentalities, including
corporations owned or controlled by
the Government: Provided, That a self-
employed person shall be both
employee and employer at the same
time.
SSS
(RA 8282)
GSIS
(RA 8291)
Any person who performs Any person receiving
services for an employer in compensation while in the
which either or both mental or service of an employer as
physical efforts are used and defined herein, whether by
who receives compensation election or appointment,
EMPLOYEE for such services, where there irrespective of status of
is an employer-employee appointment, including
relationship: Provided, That a Barangay and Sanggunian
self-employed person shall be officials.
both employee and employer
at the same time.
SSS
(RA 8282)
GSIS (RA 8291)
The dependents shall be the following: Dependents shall be the following: (a) the
legitimate spouse dependent for support
"(1) The legal spouse entitled by law to receive upon the member or pensioner;
support from the member;
(b) the legitimate, legitimated, legally
"(2) The legitimate, legitimated or legally adopted child, including the illegitimate
adopted, and illegitimate child who is child, who is unmarried, not gainfully
DEPENDENTS unmarried, not gainfully employed, and has not
reached twenty-one (21) years of age, or if over
employed, not over the age of majority, or
is over the age of majority but
twenty-one (21) years of age, he is congenitally incapacitated and incapable of self-support
or while still a minor has been permanently due to a mental or physical defect acquired
incapacitated and incapable of self-support, prior to age of majority; and
physically or mentally; and
(c) the parents dependent upon the
"(3) The parent who is receiving regular support member for support;
from the member.
SSS
(RA 8282)
GSIS(RA 8291)
Primary beneficiaries Primary beneficiaries- The legal dependent
1. The dependent spouse until he or she spouse until he/she remarries and the
remarries, dependent children;
2. the dependent legitimate, legitimated or
legally adopted, and illegitimate children, Secondary beneficiaries- The dependent
Provided, That the dependent illegitimate parents and, subject to the restrictions on
children shall be entitled to fifty percent (50%) dependent children, the legitimate
of the share of the legitimate, legitimated or descendants;
legally adopted children: Provided, further,
BENEFICIARIES That in the absence of the dependent
legitimate, legitimated children of the
member, his/her dependent illegitimate
children shall be entitled to one hundred
percent (100%) of the benefits.
Secondary Beneficiaries
3. the dependent parents of the member.
In the absence of all the foregoing, any other
person designated by the member as his/her
secondary beneficiary.
SSS
(RA 8282)
GSIS (RA 8291)
Compulsory: Membership in the GSIS shall be compulsory for all employees
a. upon all employees not over sixty (60) years of age and their receiving compensation who have not reached the compulsory
employers retirement age (65), irrespective of employment status,
b. household helpers with at least 1,000 monthly pay
c. Self- employed including but not limited to the following:
1. All self-employed professionals;
"2. Partners and single proprietors of businesses;
"3. Actors and actresses, directors, scriptwriters and news
correspondents who do not fall within the definition of the term
COVERAGE/ "employee”
MEMBERSHIP "4. Professional athletes, coaches, trainers and jockeys; and
"5. Individual farmers and fishermen.
Voluntary:
d. Spouses who devote full time to managing the household and
family affairs, unless they are also engaged in other vocation or
employment which is subject to mandatory coverage, may be
covered by the SSS on a voluntary basis.
e. Filipinos recruited by foreign-based employers for employment
abroad.
f. Employees already separated from employment or those self-
employed with no realized income for a given month, who chose
to continue with contributions to maintain right to full benefit.
SSS
(RA 8282)
GSIS (RA 8291)
a. Employment purely casual and not for the purpose of occupation a. members of the Armed Forces of the Philippines and the
or business of the employer Philippine National Police,
b. contractuals who have no employer and employee
b. Service performed on or in connection with an alien vessel by an relationship with the agencies they serve.
employee if he is employed when such vessel is outside Ph c. members of the judiciary and constitutional commissions
who shall have life insurance only.
c. Service performed in the employ of the Philippine Government or
instrumentality or agency thereof;
d. Service performed in the employ of a foreign government or
Exclusion
international organization, or their wholly-owned instrumentality:
Provided, however, That this exemption notwithstanding, any
foreign government, international organization or their wholly-
owned instrumentality employing workers in the Philippines or
Dependents' Pension. - Where monthly pension is payable on
account of death, permanent total disability or retirement,
dependents' pension equivalent to: 10% of the monthly pension or
P250, whichever is higher, shall also be paid for each dependent child
conceived on or before the date of the contingency but not
exceeding five (5), beginning with the youngest and without
substitution: Provided, That where there are legitimate or illegitimate
children, the former shall be preferred.
SSS
(RA 8282)
GSIS
(RA 8291)
Dispute SSC CA [Rule 43; question of law and GSIS CA[Rule 43]SC [Rule 45];
Settlement fact] SC [Rule 45; question of law only] appeal does not stay execution
Prescriptive period 20 yrs 4 yrs
BENEFIT
S SSS
(RA 8282)
GSIS (RA 8291)
Shall be the highest of the following amounts: The amount shall be:
1. 300 + [20% x [Ave monthly salary credit]] + [2% x [Ave monthly a. 37.5% x [revalued ave. monthly compensation],
salary credit ] x [# of cash credited years of service in excess of plus
10 years]] or b. 2.5 x [revalued ave. monthly compensation] x
[years in service in excess of 15 years]
2. 40% x (ave monthly salary credit) or
The monthly pension shall not exceed 90% of the
3. 1,000; provided, that the monthly pension shall in no case be average monthly compensation.
paid for an aggregate amount of less than sixty (60) months.
It shall not be less than P2,400 for those with 20
MONTHLY Note: Notwithstanding the abovementioned, the minimum pension years of service and not less than P1,300 for
PENSION shall be 1,200 for members with at least 10 credited years of service
and 2,400 for those with 20 credited years of service.
everyone else.
Dependents' Pension. - Where monthly pension is payable on
account of death, permanent total disability or retirement,
dependents' pension equivalent to: 10% of the monthly pension or
P250, whichever is higher, shall also be paid for each dependent child
conceived on or before the date of the contingency but not
exceeding five (5), beginning with the youngest and without
substitution: Provided, That where there are legitimate or illegitimate
children, the former shall be preferred.
BENEFIT
S SSS
(RA 8282)
GSIS (RA 8291)
Eligibility requirements: Eligibility requirements:
1. 120 monthly contributions; 1. 15 years service
2. Age: 65 years old OR a member who has reached 60 years may also avail if 2. 60 years of age; and
he is already separated from employment or has ceased to be self- 3. Not receiving pension benefit from permanent total
employed. disability.
Benefit- entitlement to monthly pension from retirement until death. Note: Retirement is compulsory for employees 65 years of
age who have rendered at least 15 years of service; if
The monthly pension shall be suspended upon the reemployment or employee has less than 15 years of service, he may be
resumption of self-employment of a retired member who is less than 65 years allowed to continue in accordance with Civil Service laws.
old.
RETIREMENT
In case of death of member
Benefit- Choice between:
a. 60 x [basic monthly pension] lump sum payment at the
BENEFITS 3. Primary beneficiaries (PB) as of the date of retirement shall be entitled to
receive the monthly pension; OR
time of retirement PLUS basic monthly pension payable
monthly for life after expiry of the 5-yr guaranteed
4. If no PB and died within 60 months from the start of pension, Secondary period which is already covered by the lump sum; OR
Beneficiaries (SB) shall be entitled to a lump sum benefit equivalent to the b. Cash payment equivalent to 18 x [basic monthly
total monthly pensions corresponding to the balance of the 5 year pension] PLUS monthly pension for life immediately
guaranteed period, excluding the dependent’s pension. but with no 5-yr guarantee.
Note: subject to periodic adjustment
Lump Sum Alternative- Member may opt to receive his first 18 monthly
pensions in lump sum BUT such is discounted at a preferential rate of interest
*A member who is sixty (60) years old at retirement and who does not qualify
for pension benefits under paragraph (a) above, shall be entitled to a lump sum
benefit equal to the total contributions paid by him and on his behalf: Provided,
That he is separated from employment and is not continuing payment of
contributions to the SSS on his own.
BENEFIT
S SSS
(RA 8282)
GSIS(RA 8291)
Eligibility requirement: Eligibility requirement:
Member who has paid at least 36 monthly A member who suffers permanent
contributions PRIOR to the semester of disability disability for reasons not due to his
shall be entitled to the monthly pension. grave misconduct, notorious negligence,
In case the member dies, it would be given the same habitual intoxication, or willful intention
treatment as a retiree dying. to kill himself or another, shall be
For PERMANENT PARTIAL DISABILITY, the entitled to the benefits provided
PERMANENT pension is not lifetime. Also, the monthly pension Employee is:
benefit shall be given in lump sum if it is payable for In service at the time of disability; or
DISABILITY less than 12 months. Even if separated, he has paid at least 36
BENEFITS For MULTIPLE PARTIAL DISABILITIES, they monthly contributions within the 5year
shall be additive when related or deteriorating-the period immediately prior to disability
percentage shall be equal to the number of months the OR has paid a total of at least 180
partial disability is entitled to, divided by 75 months. monthly contributions prior to disability;
(e.g. loss of sight in 1 eye> 25/75; loss of arm> 50/75; and
if both occur due to same cause, then 25/75 + 50/75= Member is not enjoying old-age
100% so treated as if it were permanent total retirement benefit.
disability.
BENEFIT
S SSS
(RA 8282)
GSIS (RA 8291)
Lump Sum Alternative- monthly pension X the number of monthly Benefit for Permanent Total Disability
contributions paid to the SSS OR 12x monthly pension, whichever is Monthly income benefit for life equal to basic
higher. (for members who have not paid at least 36 monthly monthly pension- This is effective from date of
contributions) disability;
Note: A member who 1. Has received a lump sum benefit; and 2. Is If member is in service at the time of disability and
reemployed not earlier than one year from date of disability shall he has paid at least 180 monthly contributions, in
again be subject to compulsory coverage and shall be considered a addition to the monthly income benefit, he shall
new member. receive an additional cash payment of 18 times basic
monthly pension.
The following disabilities shall be deemed permanent total:
PERMANENT To the ineligible- If member has rendered at least 3
DISABILITY "1. Complete loss of sight of both eyes;
years of service, then he shall receive cash payment
equal to 100% of ave. monthly compensation for
BENEFITS "2. Loss of two limbs at or above the ankle or wrists; each year of service [essentially total amount of
contributions made] or 12,000, whichever is higher.
"3. Permanent complete paralysis of two limbs;
Permanent Partial Disability
"4. Brain injury resulting to incurable imbecility or insanity; and He shall receive a cash payment in accordance with
a scheduled of disabilities to be prescribed by the
"5. Such cases as determined and approved by the SSS. GSIS provided that he also satisfies the conditions
above.
BENEFIT
notice to employer not required as well when employee became sick or
injured while working or within premises of thee employer.
Benefit- 75% of the current daily compensation for everyday
or fraction thereof of disability or P70, whichever is higher.
Benefit- daily cash allowance paid for the number of days a member is unable to
workdue to sickness or injury equivalent to 90% x [ave daily salary credit]
Note: 100% of the daily benefits provided shall be reimbursed by the SSS to said
employer upon receipt of satisfactory proof of such payment and legality
thereof if the ff conditions are met:
8. Er notified SSS of the confinement within 5 calendar days after receipt of
the notification from the Ee
9. If notification is made beyond 5 days, he shall be reimbursed only for each
day of confinement starting from the tenth calendar day immediately
preceding the date of notification to the SSS
10. SSS shall reimburse the employer or pay the unemployed member only for
confinement within the 1-year period immediately preceding the date the
claim for benefit or reimbursement is received by the SSS, except
confinement in a hospital in which case the claim for benefit or
reimbursement must be filed within 1 year from the last day of
confinement.
BENEFITS
SSS
(RA 8282)
GSIS (RA 8291)
Eligibility requirement When member dies, the primary beneficiaries are
entitled to ONLY ONE of the ff:
36 monthly contributions prior to the semester 1. Survivorship pension
of death a. If he was in the service when he died; or
b. Even if separated from the service, he has at
least 3 years of service and has paid 36 monthly
Benefit- monthly pension to PB; OR a lump sum contributions within the 5 years immediately
benefit equivalent to 36 x the monthly pension preceding death; or
c. Even if separated from the service, he has paid
to SB. 180 monthly contributions prior to death.
DEATH
To those ineligible- lump sum benefit which
1. Survivorship pension plus cash payment of
100% ave. monthly compensation for every
BENEFITS shall be higher between the two: year of service [essentially, pension plus total
contributions made]
Monthly pension x 12; OR a. If he was in the service when he died; and
Monthly pension x # of monthly b. With 3 yrs of service
contributions
1. Cash payment equivalent to 100% ave monthly
compensation for each year of service he paid
contributions or 12,000, whichever is higher
a. With 3 yrs of service; and
b. He has failed to qualify in the prior 2 schemes.
BENEFITS
SSS
(RA 8282)
GSIS
(RA 8291)