Title
GSIS Survivorship Benefits Restructuring
Law
Gsis No. 188
Decision Date
Aug 13, 2003
GSIS Resolution No. 188 restructures survivorship benefits for deceased members, providing varying cash payments and pensions based on years of creditable service, with specific guidelines for active and inactive members, and stipulating a four-year application period for benefits.

Legal Basis: RA 8291 Framework

  • GSIS Resolution No. 188 is issued to implement a restructuring of survivorship benefits under Republic Act No. 8291.
  • Benefit determinations under the policy incorporate concepts and rules reiterated through Republic Act No. 8291, including the treatment of dependents.
  • The calculation of benefit amounts relies on the concept of Average Monthly Compensation (AMC) aligned with premium remittance requirements under the premium-based framework referenced in the policy.

Coverage and Member Status Rules

  • The policy covers survivors’ entitlement based on the deceased member’s status at death or separation: active service, inactive member, or GSIS pensioner/recipient of monthly income benefit for permanent total disability.
  • The policy distinguishes entitlement depending on whether the member had at least 15 years of creditable service at the time of death or at the time relevant to inactive-member status.
  • The policy treats differently survivors of members who retired under retirement laws not administered by the GSIS.
  • The policy sets entitlement and/or non-entitlement based on age thresholds, including 60 years old at the time of death or separation, as applicable.

Creditable Service and Contribution Equivalency

  • Creditable service is defined as the aggregate of 12 monthly contributions, so 15 creditable years is equivalent to 180 monthly contributions.
  • Benefit entitlements for deaths and inactive status depend on whether creditable service is 15 years or more or less than 15 years.
  • In particular inactive-member cash benefits require that the deceased inactive member has at least three (3) years of creditable service (or 36 monthly contributions) for those with less than 15 years of creditable service.

Survivorship Benefits for Active Service Deaths

  • If the member dies while in the service and has rendered at least 15 years of creditable service, the primary beneficiaries receive:
    • the survivorship pension, and
    • cash payment equivalent to eighteen (18) times the basic monthly pension (BMP).
  • If the member dies while in the service and has less than 15 years of creditable service, primary beneficiaries receive a cash payment/benefit equal to:
    • 100% of the average monthly compensation for every year of creditable service, but
    • not less than PHP 12,000.
  • If there are no primary beneficiaries, secondary beneficiaries receive the cash payment when the member had at least 15 years of creditable service (for the active-service category).
  • If there are no primary and secondary beneficiaries, the legal heirs receive the cash payment when the member had at least 15 years of creditable service (for the active-service category).
  • If there are no primary beneficiaries, secondary-beneficiary and legal-heir rules are not expressly stated for the active-service category with less than 15 years; entitlement there is stated for primary beneficiaries.

Survivorship Benefits for Inactive Members

  • Survivors of members who retired under retirement laws not administered by the GSIS do not receive survivorship benefits from the System.
  • If the inactive member has at least 15 years of creditable service, primary beneficiaries receive the survivorship pension.
  • If the inactive member has at least three (3) years but less than 15 years of creditable service and was less than 60 years of age at the time of death, primary beneficiaries receive a cash benefit equal to:
    • 100% of the deceased inactive member’s average monthly compensation for every year of creditable service, but
    • not less than PHP 12,000.
  • If the inactive member has less than 15 years of creditable service and was at least 60 years of age at the time of separation from service, primary beneficiaries are not entitled to survivorship benefits.
  • For the “inactive member at least 60 years old at separation” case, if the member has not yet received the separation benefit within four (4) years after separation, primary beneficiaries receive the cash benefit equivalent to:
    • 100% of the inactive member’s average monthly compensation for every year of creditable service, but
    • not less than PHP 12,000.

Survivorship Benefits for Pensioners/Total Disability Recipients

  • Survivorship benefits for a retiree-pensioner or a member receiving the monthly income benefit for permanent total disability consist of the survivorship pension for primary beneficiaries.
  • If a pensioner dies within the period covered by the lump sum, the survivorship pension is paid after the expiration of that lump-sum covered period.

Composition and Disbursement of Survivorship Pension

  • The survivorship pension consists of:
    • basic survivorship pension (BSP), and
    • dependents’ pension (DP).
  • The dependent spouse receives:
    • 50% of the BMP as BSP for life until remarriage.
  • Each dependent child receives:
    • 10% of the BMP as part of DP
    • for as long as qualified, with counting rules that children are counted from the youngest and that there is no substitution.
  • Payment transitions when the remaining survivor is either the dependent spouse and/or the dependent children must follow the provisions of Republic Act No. 8291.
  • Dependents are determined based on the Republic Act No. 8291 definition of dependents, which includes:
    • the legitimate spouse dependent for support,
    • legitimate, legitimated, legally adopted children (including illegitimate child) who are unmarried, not gainfully employed, and not over the age of majority, or who are over the age of majority but incapacitated or incapable of self-support due to a mental or physical defect acquired prior to majority, and
    • the parents dependent upon the member for support.

Cash Benefit Amount Rules and AMC Computation

  • For active service deaths with less than 15 years of creditable service, the cash benefit equals 100% of AMC for every year of creditable service, with a minimum of PHP 12,000.
  • For inactive members meeting the age/service requirements (at least 3 but less than 15 years; and less than 60 at death), the cash benefit equals 100% of the deceased inactive member’s AMC for every year of creditable service, with a minimum of PHP 12,000.
  • The cash benefit under the inactive-member “four (4) years after separation” condition follows the same formula and minimum of PHP 12,000.
  • The Average Monthly Compensation (AMC) is the average salary for the last three (3) years of service of the member prior to death or separation, where corresponding premium contributions have been paid and remitted to the GSIS.

No Yearly Inflation Adjustment

  • The survivorship pension is not guaranteed yearly adjustments due to inflation.

Filing Deadlines and Prescription Period

  • Survivorship benefit applications must be filed with the GSIS within four (4) years from the death of the member or pensioner.
  • Applications received before the effectivity date of this policy are covered by the previous policies governing the filing of survivorship benefits.

Publication Requirement

  • The Vice President (Public Affairs) must publish the restructured survivorship benefit policies in the Official Gazette and in newspapers of general circulation.

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