Title
Strengthening Social Security Commission Powers
Law
Republic Act No. 11199
Decision Date
Feb 7, 2019
The Philippine Jurisprudence case explores the establishment of a comprehensive social security system, including the creation of the Social Security System (SSS) and the responsibilities and benefits it provides, with a focus on the compulsory membership and coverage of overseas Filipino workers (OFWs).

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.

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