Law Summary
Definitions
- "System" refers to the GSIS.
- "Board" means the Board of Trustees of GSIS.
- "Employer" includes the national government, its subdivisions, government-owned corporations, and certain organizations.
- "Employee" means any compensated person in government service.
- "Member" signifies those compulsorily covered.
- "Dependent" includes legitimate, legally adopted, or acknowledged children under certain conditions, a dependent spouse, and dependent parents.
- Concepts such as "Compensation," "Contribution," "Disability," and types of disability are clearly defined.
Coverage
- Membership is compulsory for all permanent government employees under 60 years.
- Extension to non-permanent employees may occur with presidential approval and fund availability.
- Temporary employee coverage per existing law remains in effect.
- Separated members retain entitlement to accrued benefits unless separation terms specify otherwise.
Contributions and Funding
- Employee and employer contribution rates vary based on compensation tiers.
- Employers must allocate budget and remit contributions; payment capacity may be reassessed by GSIS.
- The national government covers additional contributions for service rendered prior to June 16, 1951.
- Employers must remit deductions monthly; default comes with enforcement measures by government officials.
- Penalties apply for non-remittance or delayed payment.
- The government guarantees fulfillment of GSIS obligations.
Benefits
- Pension Computation: Basic monthly pension is 37.5% of revalued average monthly compensation plus 2.5% for each year beyond 15 years, capped at 90%.
- Service computation includes certain prior services; excludes military service with pay and non-contributory periods.
- Old-age Pension: Requires minimum 15 years service, age 60, and separation from service.
- Pension paid for life with minimum five years or option to take lump sum for first five years.
- Reemployment suspends pension under certain conditions.
- Permanent Disability Benefits: Eligibility based on contribution requirements; monthly pension for total disability or cash equivalent.
- Suspension of pension upon re-employment or recovery.
- Survivorship Benefits: Payable to primary and secondary beneficiaries with terms depending on relationship and contributions.
- Funeral Benefit: Fixed amount payable upon death.
- Sickness Income Benefits: Sixty-five percent of daily compensation after sick leave exhaustion, subject to limits and conditions.
- Life Insurance: Compulsory coverage with automatic renewal provisions; optional insurance available.
Adjudication of Claims and Disputes
- GSIS has exclusive jurisdiction over disputes.
- Hearing officers handle evidence and recommendations; decisions made by GSIS Board.
- Appeals to Court of Appeals on facts and law; appeals on law only go directly to the Supreme Court.
- No appeal bond required; appeals prioritized except in serious criminal cases.
- Decisions enforced as court judgments; contempt penalties for noncompliance.
- Powers to administer oaths, subpoenas, and require records.
Fund Management
- Separate funds for different types of benefits including old-age, disability, survivorship, health, life, and general insurance.
- Excess funds may be lent between funds with interest.
- Expenses capped at twelve percent of annual revenues unless approved otherwise.
- Investments allowed under Board-determined conditions.
- Periodic actuarial studies required.
- Tax exemption for GSIS assets, income, and benefits; benefits protected from attachment except in specific cases.
Administration
- GSIS implements the law.
- Powers include rulemaking, budgeting, investing, acquiring properties, conducting actuarial studies, contracts, and borrowing.
- Board of Trustees composed of the GSIS President and General Manager plus seven members appointed by the President of the Philippines.
- Board members serve three-year terms; are compensated per meeting.
- President and General Manager appointed by the Philippine President; assisted by other officers.
- Auditor from Commission on Audit supervises financials; legal counsel provided by Government Corporate Counsel.
General and Penal Provisions
- GSIS may request assistance from employers.
- Penalties for fraud, falsification, misappropriation, failure to remit contributions, and other violations include fines, imprisonment, disqualification from office, or both.
- Criminal actions may be initiated by GSIS or aggrieved members.
- Implementing rules must be promulgated within 90 days.
- Existing laws not inconsistent with this Act remain effective.
- Benefit exclusivity provisions allow members to choose between benefits under this Act or other laws; differences compensated.
- Annual appropriations for employer contributions and obligations guaranteed by the government.
- Saving clause preserves valid provisions if parts are invalidated.
- Repeals inconsistent laws.
- Effective immediately upon approval.