Law Summary
Powers and Duties of the SSS Commission
- Conduct actuarial studies regarding benefit increases and financial stability.
- Implement feasible benefit increases and introduce new benefits with Presidential approval.
- Increases in benefits must not require additional employee contributions.
Key Definitions
- SSS: Social Security System under the Act.
- Employer: Any person or entity using another’s services within the Philippines, excluding government except in specific cases.
- Employee: Person performing compensated services under employer control; self-employed professionals are both employee and employer.
- Replacement ratio: Formula combining fixed percentage with salary credit to calculate pension benefits.
- Credited years of service: Years with six or more contributions paid, with specific rules based on coverage start date.
Compulsory Coverage of the Self-Employed
- Self-employed persons earning P1,800 or more annually are compulsorily covered.
- Coverage specifics, including effective dates, are regulated by the SSS Commission.
- Specific groups covered include licensed professionals, business partners/proprietors, certain entertainment industry workers, and professional athletes.
- Self-employed persons under coverage are subject to the same provisions applicable to employees.
Effective Dates of Coverage
- Employers’ compulsory coverage begins on first day of operation.
- Employees’ coverage begins on employment date.
- Self-employed professionals and business operators’ coverage starts January 1 following their first business year, not before January 1, 1980.
Interruption of Business or Income
- No contributions required for years with no net income.
- Option to continue contributions under conditions applicable to separated employees.
Monthly Pension Calculation
- Formula: average monthly salary credit multiplied by replacement ratio plus 1.5% of salary credit for each credited year over ten years.
- Minimum pension set at P120 monthly and aggregate minimum of 60 times the monthly pension, except for secondary beneficiaries.
- Surviving pensioners receive a 20% increase in pension.
Retirement Benefits
- Eligibility: At least 120 contributions before retirement semester, age 60 (with low compensation) or 65.
- Pension payable for life; dependents’ pension provided to qualifying beneficiaries.
- Lump sum benefit available for some members not qualifying for monthly pension.
- Pension reduced when retiree re-employed under age 65.
- Death benefits to primary, dependents, or secondary beneficiaries under specified conditions.
Death Benefits
- Primary beneficiaries receive monthly pension if member paid at least 36 contributions before death semester.
- If conditions unmet, lump sum equal to 35 times monthly pension given.
- Secondary beneficiaries entitled to lump sum if no primary beneficiaries.
- Minimum death benefit equals total contributions or P1,000.
- Minimum benefit provided even if member paid less than three contributions.
Permanent Disability Benefits
- Permanent total disability pension requires 36 monthly contributions before disability.
- Lump sum given if disability occurs before 36 contributions.
- Minimum disability benefit equals total contributions or P1,000.
- Certain disabilities presumed permanent total (e.g., loss of limbs, blindness, brain injury).
- Permanent partial disability benefits based on degree and schedule.
- Reemployment rules for disabled members, including pension reduction.
- Death benefits for disabled pensioners similar to retirement benefits.
Sickness Benefit
- Eligibility: At least 3 contributions in 12 months before sickness semester.
- Payment: 85% of average daily salary credit for each hospitalized day beyond 3 days.
- Maximum of 120 days per year; no carry-forward of unused days.
- Notification requirements for employer or SSS, with exceptions.
Maternity Leave Benefit
- Eligibility: At least 3 contributions in 12 months preceding childbirth.
- Benefit: 100% daily salary credit for 45 days.
- Conditions: Notification to employer and SSS; payment in two installments by employer; limited to first four deliveries after March 13, 1973.
- Maternity benefit bars sickness benefits for same period.
- Employer liable for damages if contributions or notifications not made.
Employee Contributions
- Contributions deducted monthly starting from employee's coverage date.
- Contribution rates depend on salary brackets with specified amounts for employer and employee.
- Receipt or pay envelope must reflect deductions.
Employer Contributions and Remittances
- Employers remit contributions quarterly with detailed employee listing.
- Failure or refusal to remit leads to SSS collection similar to tax collection procedures.
- Employee benefits protected despite employer delinquency.
- Action against employer must be initiated within 20 years of delinquency or benefit accrual.
Contributions of Self-Employed
- Self-employed pay both employer and employee contributions based on declared average monthly net earnings.
- Average monthly net earnings derived from prior year’s income tax returns, excluding non-business income.
- Declarations updated annually possible.
- Contributions remitted quarterly per SSS schedule.
- Late payment penalties and collection procedures apply as with other contributions.
Employer Reporting and Liabilities
- Employers must accurately report employment dates and contributions.
- Misrepresentation causing reduced benefits requires payment of damages.
- Employers liable for unpaid contributions and penalties.
Reporting and Registration of Self-Employed
- Self-employed must report personal details, income, and dependents within 30 days of coverage start.
- Failure to report before death, sickness, disability, or age 60 results in no benefit payment.
Investment of Reserve Funds
- Excess revenues constitute reserve fund, used exclusively for benefits.
- Reserve fund portions invested to earn at least 9% annually; 5% in bank deposits (Contingency Reserve Fund).
- Remaining balance invested as per Commission guidelines (Investment Reserve Fund).
Penal Provisions
- Failure to comply with Act or rules results in fines (P500 to P5,000), imprisonment (6 months to 1 year), or both.
- Failure to register employees or deduct/remit contributions incurs both fine and imprisonment.
Effectivity
- The decree takes effect on January 1, 1980.