Question & AnswerQ&A (Republic Act No. 8291)
The short title of the Act is the Government Service Insurance System Act of 1997.
Members of the GSIS are any persons receiving compensation while in the service of an employer as defined in the Act, including barangay and sanggunian officials, except members of the Armed Forces of the Philippines and the Philippine National Police.
Employer refers to the national government, its political subdivisions, branches, agencies or instrumentalities, including government-owned or controlled corporations, financial institutions with original charters, the constitutional commissions, and the judiciary.
The compulsory retirement age is 65 years old for employees with at least fifteen (15) years of service, unless service is extended by appropriate authorities.
Contributions are mandatory and are based on a schedule: for monthly compensation up to the maximum AMC limit, the member pays 9% and the employer 12%; for compensation exceeding the AMC limit, members pay 2% and employers 12% on the excess.
Separated members are entitled to benefits qualified for under the Act, including separation benefits, retirement benefits, and any other compensable contingencies.
Penalties include a minimum of 2% simple interest per month on the delayed amount, fines, and imprisonment ranging from six (6) months and one (1) day to twelve (12) years depending on the offense.
The member must be in service at the time of disability or, if separated, has paid at least thirty-six (36) monthly contributions within five (5) years before disability or at least one hundred eighty (180) total monthly contributions prior to disability.
The Board is composed of nine members: the President and General Manager of the GSIS, and eight appointed members representing various sectors including government employees/retirees, finance, legal profession, among others.
Dependents include the legitimate spouse dependent for support, legitimate, legitimated, adopted or eligible illegitimate children unmarried and not gainfully employed, and parents dependent upon the member for support.
The GSIS formulates rules, administers benefits, invests funds, conducts actuarial studies, sues and is sued, enters contracts, manages investments, and performs other acts necessary to carry out the Act's provisions.
The GSIS has original and exclusive jurisdiction; disputes are heard by a hearing officer or the Board, which issues decisions within specified timelines, with appeals governed by Rules 43 and 45 of the 1997 Rules of Civil Procedure.
The GSIS, its assets, revenues, and benefits are exempt from all taxes, assessments, fees, charges, or duties, and from attachment, garnishment, execution, and other legal financial obligations except those in favor of the GSIS.
Survivorship benefits include a basic survivorship pension equal to 50% of the deceased’s basic monthly pension and dependent children’s pension not exceeding 50% of the basic monthly pension, payable to qualified primary and secondary beneficiaries.
All contributions and earnings constitute the GSIS Social Insurance Fund, used exclusively to finance benefits, maintain solvency, and invest according to rules for liquidity, safety, and yield.