Law Summary
Powers and Duties of the Commission
- Formulates rules and regulations, establishes Provident Funds, and approves restructuring proposals.
- Accredits cooperatives and associations as collecting agents.
- May compromise or condone penalties under specific conditions, with mandatory reporting on these actions.
- Implements contribution rates and salary credits as scheduled.
- Develops special social security programs for workers with unique situations.
- Reviews all actions of the SSS in the exercise of its powers.
Powers and Duties of the Social Security System
- Submits annual reports to the President and Congress.
- Requires actuarial valuation at least every three years for benefits adjustments.
- Establishes offices nationwide and abroad as necessary.
- Enters into operational agreements and adopts budgets.
- Maintains accounting systems and conducts data investigations.
- Acquires or disposes of property, enters agreements for member benefits portability.
- Can sue and be sued.
- Exercises other corporate acts necessary for enforcement of the Act.
Settlement of Disputes
- The Commission has exclusive jurisdiction to hear disputes regarding coverage, benefits, contributions, and penalties.
- Decisions become final 15 days after notification unless appealed.
- Court of Appeals reviews Commission decisions; Supreme Court reviews cases involving only questions of law.
- Appeals do not automatically stay Commission orders unless ordered.
- The Commission can issue writs of execution to enforce decisions.
Auditor and Counsel
- Commission on Audit Chairperson serves as ex officio Auditor of SSS.
- Secretary of Justice or representative acts as legal counsel.
Oaths, Witnesses, and Records Production
- Authorized SSS officials can administer oaths, take depositions, issue subpoenas for evidence.
Definitions
- Key terms defined including employer, employee, dependents, compensation, member categories, contributions, contingencies, and benefits.
Coverage
- Compulsory coverage for all employees including domestic workers under 60 years old and their employers.
- Coverage rules allow integration with private benefit plans without reducing earned benefits.
- Voluntary coverage available for spouses managing households full-time.
Coverage of Self-Employed and Overseas Filipino Workers (OFWs)
- Compulsory coverage for specified self-employed persons including professionals, business owners, artists, athletes, farmers, and fishermen.
- OFWs are compulsorily covered; manning agencies held jointly liable for payments.
- Government agencies mandated to negotiate bilateral agreements to ensure employer contributions for OFWs.
- OFWs may continue voluntary contributions after employment ends.
Effective Date of Coverage and Separation
- Employer coverage begins on the first day of operation; employee coverage starts on the day of employment.
- Separation ends employer contributions; separated employees retain credited benefits and may continue voluntary payments.
- Self-employed members not earning income in a month are not required to contribute that month.
Benefit Provisions
- Monthly pension formulas including minimum pensions, additional benefit allowances, and dependents' pensions.
- Retirement benefits available after 120 months contribution and reaching retirement age; options for lump sum payments.
- Death and permanent disability benefits defined including conditions and entitlement criteria.
- Funeral grant payable upon death of member, retiree, or permanently disabled member.
- Sickness benefit compensates 90% of average daily salary credit for up to 120 days hospitalization.
- Maternity leave benefit covers 60 or 78 days at 100% pay with conditions on notification and contributions.
- Unemployment insurance pays up to 50% of average monthly salary for a maximum of two months under specified conditions.
Non-Transferability and Tax Exemption
- Benefits are non-transferable except when payee unable to collect personally.
- Payments exempt from taxes, liens, legal attachments, except debts owed to SSS.
Fees and Penalties
- Charging fees for claim preparation is prohibited except attorneys limited to 10% of benefits awarded.
- Various offenses including fraud, falsification, non-remittance of contributions, misappropriation, and use of unauthorized devices carry fines and imprisonment.
- Criminal liability extends to corporate officers.
Employer and Member Contributions
- Employers must deduct employee contributions and remit employer share monthly with quarterly reporting.
- Self-employed pay both shares with possible contribution reductions for low earners.
- Government appropriates annually for SSS operation and to maintain fund adequacy.
Remittance and Collection of Contributions
- Contributions due within 10 days following month covered; penalties imposed on late payments.
- SSS empowered to collect unpaid contributions using tax collection methods.
- Presumption rules apply to contributions records in disputes.
Records and Reporting Requirements
- Employers must report employee information promptly and maintain employment records.
- Misrepresentation or failure to report liable for damages and unremitted contributions.
- Confidentiality of records maintained with certain exceptions for court orders.
- Electronic copies admissible as evidence.
- Certification of SSS compliance required for local business licensing.
Self-Employed Member Registration
- Self-employed must register within 30 days of starting practice or business.
Fund Management and Investments
- Administrative expenses capped at 12% of contributions plus 3% of other revenues.
- Reserve Fund and Investment Reserve Fund established.
- Investment portfolio diversified among government securities, financial institutions, real estate, loans, education and medical institutions, stocks, mutual funds, foreign investments, and other approved instruments.
- Investment limits set by category to safeguard fund solvency.
- Option to appoint fund managers.
Mortgagor Insurance Account
- SSS may insure interests in mortgaged properties via a separate account.
- Subject to Insurance Commission examination.
Records and Reporting to Government
- Annual operational and financial reports submitted to President and Congress.
- Annual publication in newspapers summarizing finances and benefits.
Penal Provisions
- Penalizes fraudulent claims, unauthorized use or forgery of contribution devices, failure to remit, and misappropriation.
- Penalties include fines ranging from P5,000 to P20,000 and imprisonment from six years and one day up to twelve years.
- Corporate liability for officers.
Government Support
- Government contributions appropriated annually.
- Government guarantees solvency of SSS benefits.
- SSS members not disqualified from other government assistance.
Transitional Provisions
- Six-month grace period for delinquent employers to pay or propose installments without penalty.
- Conditions for penalties upon default.
Miscellaneous
- Rules and regulations to be promulgated within 90 days of effectivity.
- Separability clause preserves valid provisions if any part is invalidated.
- Repeals previous Social Security laws but protects vested rights.
- Act takes effect 15 days after publication.