QuestionsQuestions (Republic Act No. 8291)
R.A. 8291 amends Presidential Decree No. 1146 (the Revised Government Service Insurance Act of 1977) to expand and increase GSIS benefits and institute reforms.
Any person receiving compensation while in the service of an employer as defined by the Act, whether by election or appointment, regardless of appointment status, including barangay and sanggunian officials.
Membership is compulsory for all employees receiving compensation who have not reached the compulsory retirement age, except members of the AFP and PNP (with conditions), and contractuals with no employer-employee relationship with agencies they serve.
Members of the judiciary and constitutional commissions are covered with life insurance only (under the Act’s stated exception).
The basic pay or salary received pursuant to election/appointment, excluding per diems, bonuses, overtime pay, honoraria, allowances, and other emoluments not integrated into basic pay under existing laws.
AMC is the quotient of aggregate compensation received during the last 36 months preceding separation/retirement/disability/death divided by 36, or by the number of months if less than 36 months—subject to board-set limits based on the GSIS actuary.
Member: 9.0%; Employer: 12.0% (for the AMC limit and below).
The Act states: Member 9.0% and Employer 12.0% up to the maximum AMC limit; and in excess of the AMC limit, Member 9.0% and Employer 12.0% (as reflected in the provided schedule).
Employers must remit directly to the GSIS within the first ten (10) days of the calendar month following the month to which the contributions apply.
Interest of not less than 2% simple interest per month, as prescribed by the Board.
Basic monthly pension equals: (1) 37.5% of the revalued AMC, plus (2) 2.5% of revalued AMC for each year of service in excess of 15 years, subject to a cap that it cannot exceed 90% of average monthly compensation.
The basic monthly pension shall not be less than P1,300; and for those with at least 20 years of service after the effectivity of the Act, not less than P2,400 per month.
Separation benefit includes either: (a) cash payment of 100% of average monthly compensation per year of service paid contributions (but not less than P12,000), payable upon reaching age 60 or separation, whichever comes later—when the member resigns or separates after at least 3 but less than 15 years; or (b) cash payment equivalent to 18 times basic monthly pension plus an old-age pension for life upon reaching 60—when the member resigns or separates after at least 15 years of service and is below 60 at separation.
He must have permanent disability (not due to the disqualifying causes) and satisfy either: (1) he was in the service at the time of disability, or (2) if separated, he paid at least 36 monthly contributions within the 5-year period immediately preceding disability, or paid a total of at least 180 monthly contributions prior to disability.
GSIS has original and exclusive jurisdiction to settle disputes arising under the Act or other laws it administers. Appeals are governed by Rules 43 and 45 of the 1997 Rules of Civil Procedure (as specified in Section 31), with provisions on precedence and effect on execution.
Claims for benefits under the Act (except life and retirement) prescribe after four (4) years from the date of contingency.
No. Section 39 declares GSIS funds/assets and benefits exempt from attachment, garnishment, execution, levy, or other court/quasi-judicial/admin processes, subject to the statutory limitations stated.