Additional Settlement Option Introduced
- Employers who fully pay their principal contribution delinquencies can defer penalty payments for one year from the date of principal payment.
- Existing settlement schemes remain available as long as they do not conflict with the new guidelines.
Procedures for Availing Settlement
- Employer must obtain an updated consolidated Statement of Account (SOA) reflecting dues and penalties from the servicing branch or department.
- Employer submits a letter-request to pay the principal contribution fully as per the SOA.
- Full or partial (within 90 days) payment of principal stops further penalty accrual, except if paid within 90 days where a 3% monthly penalty applies until full principal payment.
- Penalty payments after one year may be settled in full or installments subject to approval, with installment payments made via post-dated checks.
- A legal interest of 6% per annum applies on penalty delinquencies paid after the one-year deferment period.
- The Accounts Management Section Head processes the settlement applications.
- Approval authorities vary by delinquency amount: Division Heads (₱100,000 to ₱2 million), Group Heads (₱2 million to ₱5 million), Sector Heads (above ₱5 million).
- Only a notarized Promissory Note/Undertaking and Collection Lists are required, with representatives needing a valid Special Power of Attorney.
Creation of Employer Delinquency Settlement Review Committee (EDSRC)
- Established to review reconsideration requests of denials from Branch/Department Heads.
- Makes recommendations to the SSS President and CEO (PCEO) who finalizes decisions.
- Non-unanimous decisions are escalated to the Social Security Commission (SSC) for approval.
- Quarterly reports on EDSRC actions must be submitted to the SSC.
Composition of the EDSRC
- Chaired by the Senior Vice-President/Chief Legal Counsel or designated Officer-in-Charge of the Legal and Enforcement Group.
- Includes Senior Vice-Presidents or OICs from NCR, Luzon, Visayas, Mindanao, Account Management, Lending and Asset Management Groups.
- Vice-Presidents or OICs from Operations Legal Services Divisions and Assistant Vice-President or OIC from the Commission Legal Department.
Rotational Membership Exception
- Membership from regional groups and Account Management Group is rotational.
- Members do not deliberate on issues concerning delinquencies under their own jurisdiction to avoid conflicts of interest.
Amendatory Provisions
- Circular No. 2011-002 and other related issuances are superseded or modified to the extent inconsistent with these guidelines.
- This Circular supersedes Circular No. 2017-009 dated October 2, 2017.
Effectivity
- The circular takes effect immediately upon issuance.