Title
Supreme Court
GSIS Guidelines on Reclassified Members Claims and Loans
Law
Gsis No. 47
Decision Date
May 23, 2013
GSIS Resolution No. 47 establishes uniform guidelines for processing claims and loan privileges for government employees reclassified from regular to special members, clarifying their entitlements to life insurance benefits and specific loan options while ensuring compliance with applicable retirement schemes.

Law Summary

Objectives of the Policy and Procedural Guidelines

  • Ensure uniform interpretation and application of the policy for reclassified members.
  • Clarify entitlements concerning consolidated and policy loans, retirement, and separation benefits for special members.
  • Remedy situations of incorrect classification and premium remittance.

Definitions

  • Regular Members: Employees required to remit both life and retirement premiums with their government agency.
  • Special Members: Employees covered by separate retirement schemes per the Constitution or special law, recognized by the Department of Budget and Management (DBM).

Coverage of Special Membership

  • Special membership applies to positions/agencies recognized by DBM as having separate retirement schemes.
  • Employees in agencies with separate retirement arrangements recognized by DBM and appropriated by law qualify as special members.

Effectivity of Reclassification

  • Reclassification to special membership takes effect:
    • On the law’s effectivity providing the agency’s separate pension scheme.
    • Upon transfer to a qualifying agency.
    • Upon appointment to a position entitled to separate pension under law.
  • Regular membership ends the day before reclassification.
  • Special members receive a new life insurance policy with specific endowment plans based on age.
  • Premium remittance for special members covers life insurance only (3% personal, 3% government share).
  • Special members retain life insurance benefits; eligibility to loans depends on agency agreements.
  • GSIS returns any excess retirement premiums deducted during special membership period.
  • Special members and beneficiaries entitled to Employees' Compensation benefits for work-related contingencies.

Loan Privileges for Special Members

  • Consolidated Loans (ConsoLoan) available only if agency has special GSIS agreement, up to ten months’ salary based on life insurance premiums.
  • Policy loans allowed on compulsory life insurance policies plus optional policies, subject to terms.
  • Outstanding loan balances from regular membership deducted from insurance surrender or maturity values.
  • Loans (except housing) may be pre-terminated by full payment before term.
  • Housing loans continue via payroll or post-dated checks; default accounts handled by separate collection.
  • Collection of due loans via deductions from loans, benefits, and redemption insurance; no loan cancellation after disbursement.
  • Default arises after six months unpaid; policies on in-default accounts apply.
  • GSIS may recover amounts credited due to fraud or error.
  • Overpayments at loan term end are refunded per GSIS policies.

Claims Processing and Entitlements

  • Reclassification does not automatically grant separation or retirement benefits; actual separation is required.
  • Benefits are based solely on service during regular membership.
  • Retirement benefits granted to members meeting GSIS retirement rules during regular membership.
  • Separation benefits apply if less than retirement requirements but at least 3 years service during regular membership, with cash payment schedules dependent on years of service and age.
  • Claims require formal application; outstanding loans deducted from benefits.
  • Unpaid loan balances may be collected via DBM.
  • Pension benefits continue despite re-employment as a special member.
  • Special members entitled to funeral benefits upon death while in service.
  • Survivorship benefits apply to primary beneficiaries of deceased special members meeting specified criteria.
  • Life insurance benefits payable subject to claim and deduction of loan balances.
  • Disability benefits apply for disabilities occurring before special membership’s effectivity.

Treatment of Misclassified Members Remitting Special Member Premiums

  • Employees erroneously remitting only special member premiums but not covered by law are reclassified as regular members.
  • Full regular premiums (9% member, 12% agency comprising life insurance and retirement) must be paid.
  • Employers must remit correct monthly contributions plus interest for prior underpayments.

Additional Provisions

  • Special members with less than 3 years regular membership receive only life insurance benefits with policies in force at least one year; retirement premiums non-refundable.
  • Claims (excluding life and retirement) prescribe after 4 years from contingency.
  • Optional life insurance plans may continue to be paid for by special members after termination of regular membership.

Information Dissemination and System Support

  • Corporate Communications Office responsible for policy dissemination.
  • IT Support Group tasked with necessary technological enhancements.

Manual of Operations and Implementation

  • Functional groups must update operational procedures accordingly.
  • Policy effective immediately upon Board approval.

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