Title
Amendment to Social Security Law
Law
Presidential Decree No. 177
Decision Date
Apr 23, 1973
The Presidential Decree No. 177 amends the Social Security Law in the Philippines to include illegitimate children as beneficiaries, make coverage in the Social Security System compulsory for employees not over sixty years of age, and establish penalties for non-compliance with the Act.
A

Compulsory Coverage

  • Coverage in the SSS is compulsory for all employees under 60 years old and their employers.
  • Benefits already earned under existing private plans shall not be reduced or impaired.
  • Private plans existing during compulsory coverage shall be integrated with the SSS plan.
    • Employer pays only required SSS contributions, balancing total contributions between private plan and SSS.
    • Adjustments to private plans due to integration are subject to employer-employee agreement.
    • Private plans remain under employer control unless agreed otherwise.
  • Employers and employees may agree on additional benefits exceeding the SSS.
  • Filipinos recruited for foreign employment may voluntarily assume SSS coverage under commission rules.

Retirement Benefits

  • Eligibility for retirement pension requires:
    • Payment of at least 120 monthly contributions.
    • Age 60 with separation from employment or earning less than 250 pesos/month, or age 65.
    • Permanent total disability with at least 36 monthly contributions.
  • Pension amount is calculated based on a formula involving average monthly salary credit with different percentages for salary brackets and increments for contributions over 120.
  • Special provisions for members covered before June 18, 1962, aged 50 or over at coverage.
  • Minimum monthly pension is set at 45 pesos.
  • Pension suspension occurs if:
    • The retiree under 65 is re-employed earning 250 pesos or more per month.
    • Disability retiree recovers or fails to submit annual medical examination.

Death and Permanent Disability Benefits

  • Upon death of covered employee, beneficiaries receive:
    • Basic lump sum plus increments for contributions over 120.
    • Eligibility conditions include 18 contributions within last 36 months or a payment ratio not less than 80%.
  • If conditions unmet, benefit is adjusted by multiplying by 1.25 times the payment ratio.
  • Death benefits not less than total contributions or 500 pesos.
  • Minimum benefit applies for deaths occurring within the month of coverage.

Payment of Allowances

  • Employers must pay allowances promptly every regular payday or bi-monthly in cases of direct SSS payment.
  • Allowances begin only after exhausting all current fully paid sick leaves.

Penalty Provisions on Contributions

  • Employers who are delinquent may remit contributions within 6 months of the Act without penalty.
  • Failure to remit within the grace period incurs a 3% penalty calculated from original due date.
  • Administrator may allow payment plans covering up to December 31, 1973, without penalty if submitted before April 19, 1973.

Mortgagors Insurance Account

  • SSS may insure interests on mortgaged properties or lives of mortgagors.
  • Establishes separate Mortgagors Insurance Account for related assets and liabilities.
  • Funds in this account are exclusive and not liable for other SSS obligations.
  • SSS may reinsure with private companies.
  • Insurance Commission conducts financial examinations every two years limited to this insurance operation.
  • SSS to pay for examination expenses.
  • General insurance laws apply unless conflicting with SSS law.

Penal Provisions for Fraud and Noncompliance

  • False claims or statements for benefits or loans are punishable under Revised Penal Code Article 172.
  • Failure or refusal to comply with SSS Act or regulations leads to fines (500 to 5,000 pesos), imprisonment (6 months to 1 year), or both.
  • Failure/refusal to register employees, deduct and remit contributions incurs both fine and imprisonment mandatorily.

Effectivity

  • The decree forms part of the law and takes effect immediately upon issuance.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.