Establishment and Purpose of the Government Service Insurance System (GSIS)
- Created to promote efficiency and welfare of government employees.
- Replaces former pension systems under Acts Nos. 1638, 3350, and 3173.
- Transfers all related personnel, assets, contracts, and records of previous pension funds to GSIS.
- Administered by the Government Service Insurance Board in accordance with this Act.
Scope of Application and Membership Compulsion
- Regular membership is compulsory for:
- Regular, permanent government employees of the Commonwealth and National Assembly.
- Judiciary members.
- Officers and enlisted men of the Regular Force, Philippine Army.
- Employees of Metropolitan Water District and other government boards/agencies, except University of the Philippines and government-owned/controlled business corporations.
- Employees under Act No. 3350, excluding temporary replacements for teachers.
- Local governments and government corporations may opt into membership, making it compulsory for their permanent employees.
- Exclusions: U.S. Army/Navy personnel detailed to the Philippines and non-citizens.
Membership Contributions
- Deduction of 3% from the monthly salary of each member, 5% for Regular Force, Philippine Army personnel, starting six months after the Act's effect or date of appointment.
- Members with prior pension credits have deductions adjusted by the Board.
- Members may pay premiums in advance or directly to the System if no longer in government service.
- All payments credited to the individual's account.
Government Contributions
- Starting 1937, the government contributes 3% of members' basic salaries plus extra premiums for hazardous occupations, except for Regular Force, Philippine Army officers/enlisted men.
- Government contributions cease upon policy maturity unless a new policy is purchased.
- Contributions transferred when members transfer between government branches/agencies.
- Local governments and government corporations that join the System must appropriate equivalent contributions for their employees.
Additional Contributions and Donations
- The Board is authorized to accept donations, gifts, legacies, and invest such moneys to supplement member contributions.
Membership Insurance Coverage
- Officers and enlisted men of the Regular Force automatically insured with policy premiums at 5% of their annual basic salary.
- Regular government employees insured with policies with premiums amounting to 6% of their annual basic salary.
- Increases in contributions increase insurance face value, adjusted based on policy conditions.
Effects of Dismissal or Separation from Service
- Dismissal for cause results in forfeiture of benefits, with half the cash surrender value paid to the member or beneficiary.
- Other separations allow options:
- Collect cash surrender value.
- Continue policy with full premium payment.
- Obtain paid-up or extended term insurance.
- Other options per policy provisions.
Optional Insurance
- Members may apply for additional life insurance up to half their annual salary in multiples of 100 pesos.
- Full premiums on additional insurance paid by member; deductions from salary possible with consent.
Special Rights and Policy Assignments
- Policies are assignable to the System.
- Members entitled to participate in surplus distributions.
- Policies remain in force as long as terms are met, regardless of employment status.
- Policies and proceeds are tax-exempt.
Policy Requirements and Approval
- Insurance Commissioner must approve policy forms before issuance.
- Policies must incorporate provisions from applicable insurance laws, with exceptions for annuities/endowments.
Administration and Composition of the Board
- Board composed of five members appointed by the President with Assembly consent; three members must be System members.
- Board elects a Chairman and Vice-Chairman.
- Terms staggered initially; successors serve three-year terms.
- Members compensated not exceeding 10,000 pesos; per diem capped at 20 pesos.
- Board under the Secretary of Finance's administrative supervision.
Powers and Duties of the Board
- Board has corporate powers, may sue and be sued.
- Can adopt rules, budgets, and appropriations with Secretary of Finance approval.
- Prescribes insurance forms, premium rates, and conditions considering health, occupation, age.
- Compulsory membership insurance applies to all without medical examination.
- Board members must abstain in cases of conflict of interest, except for loans on personal policies.
Personnel and Staffing
- Board may appoint technical assistants and personnel with approval from Secretary of Finance.
- Staffing subject to Civil Service rules.
Record-Keeping and Reporting
- Board keeps actuarial, operational, and financial records necessary for policy valuation.
- Annual report submitted to Secretary of Finance, President, and National Assembly.
- Synopsis of the report posted in government offices.
Auditing and Legal Advisory
- Auditor General serves as ex officio auditor; Secretary of Justice as legal adviser.
- Annual audited financial statements required.
- Actuary performs annual actuarial studies.
Physical Examination Requirements
- Government physicians must perform physical exams of members as prescribed.
- Physicians assist in claim settlements.
Investment of Funds
- Board invests funds not needed for immediate obligations in:
- Government bonds of Philippines or U.S.
- Deposits in designated banks with sufficient capital.
- First liens on improved, unencumbered real estate in specified cities.
- Commutation of installment payments from the government.
- Loans to local governments and the Insular Government under prescribed conditions.
- Loans to members secured by policies (up to 50% of cash value).
- Maximum 70% of assets may be invested in real estate loans.
- Loans are subject to terms regarding amount, period, interest, and repayment assurances.
Foreclosure and Property Disposal
- Board may require increased security if asset values fall.
- Failure to comply within 90 days may lead to foreclosure.
- Properties must be insured.
- Real estate acquired by Board must be sold within five years unless necessary for System operations.
Maintenance of Funds and Accounts
- The Board maintains the following accounts:
- Insurance Fund for death claims and policy reserves.
- Annuity Fund for annuity payments and reserves.
- Trust Fund holding members’ proceeds accruing interest.
- Contingency Reserve Fund, up to 10% of main reserves.
- General Fund covering government appropriations and operational expenses.
- The Commonwealth government guarantees fulfillment of System obligations.
Distribution of Surplus
- Surplus from investments and mortality savings, after obligations and reserves, is distributed annually to members per approved actuarial schedules.
Protection from Legal Process
- Insurance policies and proceeds (up to premium amounts exceeding 500 pesos annually) are exempt from attachment, garnishment, or seizure for debts.
- Proceeds not payable to named beneficiaries are excluded from the member's estate for debt payment.
Funding Appropriations
- Annual appropriations cover government contributions except for the Philippine Army’s Regular Force premiums funded by separate Army appropriations.
- Extra premiums due to hazards are included.
- Special funds may be used for government contributions for employees paid from such funds.
- Initial appropriations include 200,000 pesos for System establishment and operation expenses.
Exclusions and Applicability of Other Laws
- GSIS is exempt from provisions of Acts 2427 and 2833 and from laws enacted thereafter unless expressly stated.
Effectivity
- The Act takes effect immediately upon approval.