Title
Revised Government Service Insurance Act, 1977
Law
Presidential Decree No. 1146
Decision Date
May 31, 1977
Ferdinand E. Marcos expands and integrates social security and insurance benefits for government employees, ensuring comprehensive coverage for sickness, disability, retirement, and other contingencies while mandating compulsory membership in the Government Service Insurance System.

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.

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