Law Summary
Creation and Composition of the Social Security Commission
- Commission composed of Secretary of Labor, Secretary of Health, Social Welfare Administrator, General Manager of Government Service Insurance System, and three presidential appointees.
- Chairman designated by the President.
- Terms for appointed members are three years with staggered initial terms.
- Compensation for private members limited to attendance fees; public officers receive no additional pay.
- Administrator appointed by the President serves as chief executive officer.
- Commission appoints necessary personnel including actuary and medical director.
Powers and Duties of the Commission
- Select experimental areas for implementing social security coverage.
- Extend experiments to other industries as warranted.
- Promulgate rules and regulations subject to presidential approval.
- Submit annual reports to the President and Congress.
- Conduct actuarial studies and make necessary adjustments to benefits and fund allocation.
- Establish and inspect branches and enter into service contracts.
- Acquire property and sue or be sued.
Settlement of Claims and Appeals
- Claims governed by Commission rules; payment to lawful claimants or estate.
- Decisions become final if no appeal within 15 days.
- Exhaustion of administrative remedies required before judicial review.
- Court of Appeals reviews decisions on law and facts; Supreme Court handles pure questions of law.
- No appeal bond required; appeals heard summarily and prioritized.
- Appeals do not automatically stay Commission orders unless ordered.
Auditor and Legal Counsel
- Auditor General is ex officio Auditor; Secretary of Justice is Counsel.
- Auditor to audit System accounts similarly to government audits.
- Secretary of Justice provides legal advice and representation.
Investigatory Powers
- Commission officials may administer oaths, take depositions, and issue subpoenas.
- Contumacy handled as per Administrative Code.
Definitions
- System: Social Security System created.
- Commission: Social Security Commission.
- Employer: Any person or entity using employee services in the Philippines, excluding government and some specified entities.
- Employee: Person receiving compensation for services.
- Dependent: Child (under 18 or disabled), spouse, or parents wholly dependent.
- Compensation excludes excess pay beyond 500 pesos/month and certain extra payments.
- Employment excludes certain categories like agricultural labor, domestic help, government employees, students, etc.
Compulsory and Voluntary Coverage
- Compulsory for employees aged 18-60 after 6 months service, with conditions on employer qualification.
- Employers operational for 3+ years with 200+ employees are required members unless exempted.
- Employers with equivalent plans may be exempted but must admit other employees and those opting out.
- Voluntary coverage available for other employers and individuals paying double contributions where applicable.
Effective Date of Coverage
- Compulsory coverage starts first day of month after employer membership, employee must have 6 months service.
- Voluntary coverage effective first day of month following approval.
Effects of Employment Separation
- Employer contributions cease end of month of separation.
- Employee may remain a member and continue receiving benefits.
Retirement Benefits
- Life annuity based on credited premiums with interest.
- Minimum annuity amount set if contributions and service criteria met.
- Employer bears part of annuity deficit if premiums insufficient.
- Retirement option available at age 60 after 5 years service.
Death and Disability Benefits
- Benefits for total and permanent disability or death if not covered by Workmen's Compensation.
- Benefit amounts scaled by number of contributions paid.
- Grace period of one month allowed for contribution payment before death/disability.
- Difference paid if Workmen’s Compensation is less than System benefit.
- Partial disability benefits proportional to degree determined by Commission.
Sickness Benefit
- Allowance for each day of confinement after one year coverage, capped at 60% of daily rate or 6 pesos.
- Applies after first 7 days (or immediately for injury/acute disease) following exhaustion of paid leave.
- Contributions deducted from allowances.
- Employer reimbursed 70% of paid allowances.
- Allowances deducted from death or disability benefits if occurring within 5 years.
Unemployment Benefit
- Pays allowance for up to 90 days in a calendar year.
- Eligibility requires at least one year coverage, 26 weeks worked in prior year, recent contributions, and no misconduct.
- Allowance capped at 50% of daily rate or 6 pesos.
- Payment begins after 3 weeks unemployment (can be reduced with dependents).
- Payment suspends if employee unreasonably refuses suitable work.
- Requires registration at public employment office.
- Definition of suitable work excludes work under adverse conditions or labor disputes.
Non-transferability of Benefits
- Benefits are non-transferable.
- Collection via power of attorney only allowed when beneficiaries are incapacitated.
Exemption from Taxes and Legal Process
- Contributions, benefits, and documents exempt from taxes and legal claims except debts to System.
Fees for Claims Assistance
- Fee limit of five percent of benefits.
- Fees payable only upon receipt.
- Excess fees or unauthorized deductions are prohibited and punishable by fines and imprisonment.
Contributions and Employer Obligations
- Employee and employer each contribute 3% of monthly compensation.
- Employers cannot recover employer contributions from employees.
- Contributions collectible monthly; penalties for late payment.
- Collection may be quarterly or semi-annually if approved.
- System may collect unpaid contributions like taxes, including levy on employer property.
- Employers must report employee data and maintain accurate records.
- Employers liable for damages if failure to report causes loss of benefits.
Funds Management
- All funds to be deposited and administered like other public special funds.
- Maximum of 12% yearly expenses for administration in first two years, then 10% thereafter.
- Twenty percent of surplus funds set aside as Reserve Fund for contingencies.
- Remaining funds invested in government securities, deposits in qualified banks, or government construction loans.
Reporting and Transparency
- Annual report to President and Congress including financial status, statistical data on coverage and benefits.
- Publication of synopsis of the annual report in newspapers.
Penal Provisions
- False statements, fraudulent claims, and misuse of contribution devices punishable by fines and imprisonment.
- Penalties for failure to comply with contribution, reporting and inspection requirements.
- Liability extends to corporate officers for offenses by corporations.
Government Assistance
- This Social Security System does not disqualify employees or employers from other government aid.
Separability and Saving Clauses
- Invalid provisions do not affect the rest of the law.
- Congress reserves right to amend or repeal the Act; no vested property rights arise from it.
Appropriations and Effectivity
- Initial appropriation of 200,000 pesos for operation.
- Act effective upon approval.