Creation and Governance of the Social Security System (SSS)
- The SSS is created with principal offices in Manila or Quezon City.
- Governed by a Social Security Commission comprising the Secretary of Labor, the SSS Administrator, and six members representing labor, management, and general public.
- Members appointed by the President with Senate consent, serving three-year staggered terms.
- Commission members receive per diem for meetings attended.
- Operations are managed by an Administrator appointed by the President, responsible for executing programs and policies.
Enforcement of Commission Decisions
- Decisions or awards by the Commission, once final, have the same force as Court of First Instance decisions.
- The Commission can issue writs of execution and seek court contempt charges for non-compliance.
Definitions of Key Terms
- Compensation: All remuneration received, up to a maximum of 1,000 pesos per month.
- Monthly Salary Credits: Basis for contributions and benefits as per schedule.
- Contributions: Payments made by both employee and employer.
- Average Monthly Salary Credit: Calculated over specific periods before retirement, disability, or death.
Retirement Benefits
- Eligibility: At least 120 monthly contributions and age 60 with separation, or age 65 regardless of employment, or permanent total disability with 36 contributions.
- Pension computation based on percentage of average monthly salary credit.
- Minimum pension guaranteed at 45 pesos.
- Suspension of pension upon re-employment at compensation of 250 pesos or more, or failure to undergo required examinations.
- Pension increases for surviving pensioners retired before December 1, 1972.
Death and Permanent Disability Benefits
- Death benefits include a basic lump sum plus increments for contributions exceeding 120 months.
- Eligibility conditions on contribution history and payment ratio.
- Minimum death benefit not less than total contributions or 500 pesos.
- Permanent total disability benefits similar to death benefits with proportional adjustments for partial permanent disability.
Sickness Benefits
- Covered employees with at least 12 contributions and hospitalized for over 5 days may receive 70% of average daily salary credit.
- Daily allowance ranges from 2.50 to 12 pesos, payable up to 120 days per calendar year.
- Notification requirements for sickness within 5 days.
- Employers pay sickness benefits and are reimbursed by SSS under conditions.
- Employer obligations in claim notifications and penalties for delayed reimbursement claims.
Non-transferability of Benefits
- Benefits paid only to entitled persons.
- Foreign nationals in countries not extending reciprocal benefits are excluded.
- Protection of minor or incapacitated beneficiaries by appointed representatives.
- Benefits not transferable; power of attorney exceptions apply only for those physically or legally unable to claim.
- Death benefits without designated beneficiaries paid to legal heirs.
Tax Exemption and Legal Protection
- SSS assets, contributions, benefits, and related documents exempt from taxes and legal processes.
- Benefit payments cannot be attached, garnished, or seized, except for debts owed to SSS by the beneficiary.
Contributions and Payments
- Employer deducts employee contribution monthly based on salary bracket and remits combined employer and employee contributions.
- Contribution schedule detailed with specific percentages and increments effective in 1974 and 1979.
- Employers must issue receipts or indicate deductions on pay envelopes.
- Employers barred from deducting employer contributions from employee wages.
- Quarterly remittance supported by collection lists with employee data.
Remittance of Contributions and Penalties
- Contributions remitted within seven days after the applicable month or as prescribed.
- Employers liable for unpaid contributions plus 3% monthly penalty.
- Optional quarterly or semi-annual advance payments possible.
- Last contribution records presumed accurate unless proven otherwise.
- Employers given a six-month grace period post-enactment to remit past due contributions without penalty.
Employment Records and Reporting Requirements
- Employers must report employee details immediately to SSS.
- Liability for failures in reporting, including damages payable to SSS for unreported employee benefits.
- Penalties for misrepresentation or under-remittance causing benefit reduction.
- Confidentiality of submitted records unless subpoenaed.
- Employers to maintain accurate records and annual registers of employee status.
- Records open for inspection; reports may be required.
- Registration numbers required as employment condition from July 1, 1973.
Deposit, Disbursement, and Administrative Expenses
- SSS funds administered similarly to public special funds.
- Expense ceiling set to a decreasing percentage of collections but not less than 7%.
- Unused expense allocation not transferable to future years.
- Priority given to operational decentralization with annual progress reporting to Congress.
Investment of Reserve Funds
- Reserve Fund exclusively for benefit payments; not for other uses.
- Target average annual income from investments at least 7%.
- Contingency reserve fund set at 5% for extraordinary claims.
- Investment reserve fund diversified across government bonds, bank deposits, government loans, housing loans prioritized for low-income groups, credit facilities for short-term loans, and other income-generating secure projects.
- SSS may act as insurer for mortgages with regulated premium rates.
- Insurance regulated under general insurance laws except where conflicting with Social Security Law.
Penal Provisions
- Falsification for unauthorized payments penalized with fines (P500-P5,000), imprisonment (6 months to 1 year), or both.
- Fraudulent receipt of benefits similarly penalized.
- Employers failing to remit deducted contributions within 30 days presumed to have misappropriated funds, punishable under Revised Penal Code.
- Criminal actions may be initiated by SSS or affected employees under this Act or the Penal Code.
Effectivity
- The decree forms part of the law and takes immediate effect upon promulgation.