Title
Amendments to Social Security Act of 1954
Law
Republic Act No. 4857
Decision Date
Sep 1, 1966
Republic Act No. 4857 amends the Social Security Act to enhance the governance of the Social Security System, streamline claims processing, and define benefits for retirement, death, disability, and sickness, ensuring comprehensive support for covered employees and their dependents.
A

Jurisdiction and Procedures for Settlement of Claims (Section 5(a))

  • Disputes regarding coverage, entitlements, collection, settlement of premiums, penalties, and related matters fall under Commission's jurisdiction.
  • Cases are heard and decided by the Commission, any member, or authorized hearing officers within twenty days after evidence submission.
  • Settlement governed by rules and regulations promulgated by the Commission.

Definitions and Clarifications of Terms Used in the Act (Section 8)

  • Dependent: Legitimate spouse, unmarried legitimate/legitimated child under 21, parents wholly dependent on the employee.
  • Employment: Any service performed by employee except services for foreign governments/international organizations; possible inclusion via agreement with Philippine Government.
  • Beneficiaries: Designated by employee; includes spouse, children (legitimate, legitimated, natural), parents, brothers, sisters; or others designated if above absent.
  • Payment Ratio: Ratio of monthly contributions paid over calendar months between the period from coverage up to second quarter before death/disability.
  • Average Monthly Salary Credit: Computed from salary credits in 60-month or shorter coverage periods; various formulas based on timing of death/disability.
  • Average Daily Salary Credit: Derived from six highest monthly salary credits in the 12-month period ending before sickness quarter.
  • Basic Lump Sum Amount: Sum of twelve highest monthly salary credits over 36 months, or twelve times average monthly salary credit divided by payment ratio.
  • Quarter: Defined as three consecutive calendar months ending March, June, September, December.

Effect of Employment Separation on Contributions and Benefits (Section 11)

  • Employer contributions and employee's obligation for prior employment end at month of separation.
  • Employee credited with all contributions made and entitled to benefits.
  • Employee may continue voluntary payments to maintain full benefit rights under Commission rules.

Retirement Benefits (Section 12)

  • Eligibility: Age 60 and minimum 120 monthly contributions; or total/permanent disability with at least 36 contributions.
  • Monthly pension computed as 30% on first 300 pesos of average monthly salary credit plus 6% on excess, plus increment for contributions over 120.
  • Special rule for members covered before 18 June 1962 who were 50 or older at coverage.
  • Minimum monthly pension of 30 pesos.
  • Members 60 years old not qualifying for pension receive lump sum of total contributions, if separated and not continuing contributions.
  • Pension suspended if re-employed before age 65 with monthly compensation over 120 pesos or upon recovery from disability.
  • Pension recomputed for members retired before 1 July 1966.

Death and Permanent Disability Benefits (Section 13(a))

  • Benefits payable to employee or beneficiaries upon death/total permanent disability occurring before 36 contributions paid.
  • Benefits include basic lump sum plus additional increments based on monthly contributions over 120.
  • Conditions for full benefit: payment of 18 contributions in 36 months before incident or a payment ratio not less than 80%.
  • Otherwise, benefits reduced proportionally.
  • Minimum benefits equal total contributions but not less than 500 pesos.
  • Immediate coverage minimum benefit for death/disability in month of coverage.

Sickness Benefits and Payment Procedure (Section 14)

  • Covered employee with at least 12 contributions confined more than 5 days due to sickness or injury entitled to daily allowance.
  • Allowance: 70% of average daily salary credit if employee has at least one dependent; otherwise 40%.
  • Minimum payment per day of 2.50 pesos and maximum of 8 pesos.
  • Maximum duration of 120 days per year; unused days not accumulated.
  • Allowance payable after exhaustion of regular full-pay sick leave.
  • Payment by employer each pay day or by System on 15th and last days monthly.
  • Employer reimbursed 100% by System upon valid claim, adjudicated within 2 months.
  • Late reimbursement earns 1% simple interest per month.

Non-transferability of Benefits and Representation of Beneficiaries (Section 15)

  • Benefits paid only to entitled persons.
  • Foreign beneficiaries residing in non-recognizing countries or that do not reciprocate not entitled.
  • Minor or legally incapacitated beneficiaries represented and appointed by Commission, unless under custody of parents/spouse.
  • Benefits are non-transferable; power of attorney for collection generally not recognized unless physical/legal inability to collect in person.
  • Death benefits without designated beneficiary paid to legal heirs according to Philippine succession laws.

Employer Reporting Obligations and Records Confidentiality (Section 24)

  • Employers to report employee data (names, ages, civil status, occupation, salary, dependents) within 30 days of employment.
  • Failure to report subjects employer to pay damages equivalent to benefits if employee dies/suffers disability.
  • Records submitted presumed correct and confidential; corrections must be made timely before claim rights accrue.
  • Records are basis for claim adjudication, which is final.

Financial Administration and Expense Limits (Section 25)

  • All contributions and earnings deposited, managed, and disbursed as public special funds under applicable law.
  • Annual expense limit for salaries, wages, office expenses, and regional offices capped at 12% in fiscal 1966-67, decreasing 0.5% each year to minimum 7%.
  • Unused expense allowance not carried over to succeeding years.
  • Priority on decentralization of operations.
  • Annual progress report to Congress mandated.

Investment Guidelines for Social Security Funds (Section 26(f))

  • Investments must benefit the System, members, and public welfare.
  • Investments to be made with prudence and diligence aiming for highest interest consistent with safety.

Effectivity Clause

  • The amendments take effect upon approval.

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