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GSIS LAW B.

Retirement under Republic Act 660: Also called


“Magic 87,” this option provides both annuity
Life Insurance and lifetime pension.
C. Retirement under Republic Act 1616: Refund
One of the many benefits of being a GSIS member your GSIS premiums with this “take-all” option
is life insurance. GSIS gives you and your loved at the same time get gratuity payment from
ones that much needed peace of mind. GSIS has your employer.
two insurance programs available: D. Portability Law (RA 7699): Combine your GSIS
and SSS creditable years of service to qualify
A. Enhanced Life Policy: The GSIS provides life for retirement program offered by both pension
insurance coverage to you, GSIS member, funds.
even the very first day you entered E. Retirement under Presidential Decree 1146:
government service after receipt of payment Only those who have been in government
of the 1st monthly premium. If you entered service after May 31, 1977 but before June 24,
the government service after July 31, 2003, 1997 can avail of this retirement program.
you are automatically covered with an Retirement under PD 1146 gives you a choice
Enhanced Life Policy (ELP). Members between a Basic Monthly Pension (BMP) and
whose policies have matured will also be Cash Payment.
covered by the ELP.
B. Life Endowment Policy: As a GSIS member, Other Benefits
you automatically enjoy life insurance
benefits, providing protection for you and Separation: Benefit package for members with
your loved ones. If you entered the service more than three (3) but less than 15 years in
prior to August 1, 2003, you are entitled to service.
the Life Endowment Policy (LEP). LEP also
provides coverage against death whether Disability: Program intended for members who lost
due to natural or accidental causes, their earning capacity due to non-work related
permanent total disability and other benefits disability.
upon maturity or separation from the service.
Apart from the superior life insurance Employee Compensation: The GSIS administers
packages these programs offer, policy Employees Compensation Fund for government
holders can also avail of policy loan. employees who suffered work-related illnesses,
C. Policy Loan: Policy loan is a loan program disability, or death.
which you can avail from your GSIS life
insurance policy. The unique features of the Unemployment: Monthly cash payment for
Policy Loan are: (a) payment is not permanent employees who are involuntarily
mandatory (unlike other GSIS loan products) separated from the service due to abolition of office
and (b) it is renewable every year. or position due to reorganization.

Retirement Programs Funeral: Assistance extended to spouse or children


of a deceased member or pensioner.
You have spent years working for the government.
GSIS ensures that you are sufficiently rewarded Survivorship: Pension benefit for qualified
when you finally decide to take that big step dependents of GSIS pensioners who passed away.
towards retirement.
Service Loans
The GSIS offers various retirement programs
depending on the qualifications of the member. Whatever you need—whether starting up a small
GSIS has retirement packages generally business, paying your child’s tuition, or simply
acknowledged to be one of the most generous in purchasing that item you’ve long eyed for—GSIS is
the country—ensuring financial freedom for its here to help you with various loan products it offers,
members, especially after they leave the service. at unmatched rates and terms.

A. Retirement Under RA 8291: Five-year lump A. Consolidated Loan: The GSIS ConsoLoan
sum or cash payment with instant pension— not only consolidates and wipes out
choose your personal reward.
penalties and surcharges from five different Maternity leave of those who have rendered one (1)
loan products, it also provides members year or more but less than two (2) years of service
with loan equivalent to up to 10 months shall be computed in proportion to their length of
salary. service provided, that those who have served for
B. Policy Loan: A loan program that lets you less than one year (1) year shall be entitled to 60-
borrow from the seed money or cash value days maternity leave with half pay.
of your life insurance.
C. Emergency Loan: The GSIS extends It is understood that enjoyment of maternity leave
support to members affected by natural cannot be deferred but should be enjoyed within
calamities with this affordable loan program. the actual period of delivery in a continuous and
D. Cash Advance: One-time quick loan, worth uninterrupted manner not exceeding 60 calendar
P10,000 available to all members. days.

Personal Insurance Section 12. Formula for the computation of


maternity leave. Employees who have rendered
Insurance is all about getting peace of mind. But less than two (2) years of service may only receive
peace of mind need not come with a high price tag. full pay for a number of days based on the ratio of
60 days to 2 years of service.
With G-Care Plans, you have the power to secure
your investments and even yourself and your loved Section 13. A married woman may be granted
ones, without worrying about costly premium maternity leave more than once a year. Maternity
payments. leave shall be granted to female married
employees in every instance of pregnancy
A. My Shield: This is the only insurance in the irrespective of its frequency.
land that can provide cover for personal
accident for people aged 3 to 80 years old. Section 14. Married women may go on maternity
B. Home Shield: For as little as P640.00 you leave for less than sixty (60) days. When an
can get your house a fire insurance cover employee wants to report back to duty before the
that is worth P1 million. expiration of her maternity leave, she may be
C. Auto Shield: You car may be your precious allowed to do so provided she presents a medical
investment. But getting comprehensive certificate that she is physically fit to assume the
insurance for it should not leave a dent on duties of her position.
your pockets.
The commuted money value of the unexpired
_______________________________________ portion of the leave need not be refunded and that
when the employee returns to work before the
Rule XVI of the Omnibus Civil Service Rules expiration of her maternity leave, she may receive
both the benefits granted under the maternity leave
(Maternity Leave) law and the salary for actual services rendered
effective the day she reports for work.
Date: Omnibus Rules on Leave
Section 15. Maternity leave with pay may be
Source: December 14, 1998 granted even if delivery occurs just a few days
before the termination of employee’s service.
Subject: Maternity Leave Maternity leave with pay may be granted even if the
delivery occurs not more than 15 calendar days
after the termination of employee’s service as her
Section 11. Conditions for the grant of maternity
right thereto has already accrued.
leave. Married women in the government service
who have rendered an aggregate of two (2) or more
years of service, shall, in addition to the vacation Section 16. Maternity leave of employee on
and sick leave granted them, be entitled to extended leave of absence without pay. If already
maternity leave of sixty (60) calendar days with full entitled, a woman employee can still avail of sixty
pay. (60) days maternity leave with pay even if she is on
an extended leave of absence without pay.
Section 17. Maternity leave of employee with  You must have worked in the government
pending administrative case. A married woman office or agency for at least two years to
employee is entitled to maternity leave of absence receive full pay.
with pay even if she has a pending administrative  If you have been employed for more than a
case. year but less than two years, your maternity
benefits shall be reduced in proportion to
Section 18. Maternity leave of contractual your length of service. If you have worked
employees. Married contractual employees whether for less than a year, you shall receive half-
or not receiving 20% premium on their salary shall pay.
be entitled to maternity leave benefits like regular
employees in accordance with the provisions of
section 11 hereof. To qualify for maternity benefits under Philhealth,
the following are required:
_________________________________
 You must have paid at least three monthly
I work in the public sector. Am I entitled to contributions within the six-month period
maternity leave? prior to your delivery (including
Every pregnant employee is entitled to maternity miscarriage).
leave but the conditions change depending on  This was your first, second, third or fourth
several factors. pregnancy (including miscarriage).

If you are a government employee, you are allowed  You claim your Philhealth benefits within the
to take a maternity leave of 60 calendar days with 45-day allowance for room and board.
pay, whether you deliver via normal or cesarean
delivery.
Aside from these requirements, your employer may
You are also entitled to maternity benefits in full if also require the submission of receipts, test results,
you have been working for your government office medical certificates and other documents. Consult
or agency for at least two years. If you have with your human resources manager or
rendered service for more than a year but less than administrative officer to know what other
two years, you will receive maternity benefits in documents should be submitted to qualify for
proportion to your length of service, and half-pay if maternity benefits.
you have been working there for less than one
year. You may find that your company has its own
maternity policy, which is better than the legal
Maternity leave covers both childbirth minimum. If this is the case, your entitlements could
and miscarriage. The law provides minimum differ from those of your colleagues or friends who
requirements that you can expect from your work for other companies.
employer. Talk to your human resources manager
or administrative officer to find out if your employer Find out exactly what you might be entitled to by
provides greater maternity benefits than the contacting:
required minimum. Read your employment contract • your human resources or personnel manager
or collective bargaining agreement carefully and • your labor union representative
see what it says about your employer’s policy on • the Department of Labor and Employment
maternity leaves and benefits. (DOLE) Regional Office in your place of work

Make sure that you carefully look in your contract of


Am I entitled to maternity benefits and pay? employment and see what it says about the
Whether you are eligible for maternity benefits and company maternity policy.
pay will depend on a variety of factors, such as
your employer, length of employment and number
of pregnancies or deliveries. When should I file for maternity leave?
It is always best to file your maternity leave
As a government employee, you must comply with application a few weeks before the start of your
the following conditions to qualify for maternity leave. This will give your employer enough time to
leave and pay: make arrangements and ensure that the company
is not affected by your absence. The common
practice is to go on leave two weeks before your For your Philhealth maternity benefits, you can
due date so you can have enough time to prepare claim them in two ways:
for the birth of your child.
 (1) automatic deduction of benefits by
Check your employment contract or collective submitting a duly accomplished PhilHealth
bargaining agreement to see your company’s policy Claim Form 1 and Member Data Form at
on when you should take your leave. If there is the billing section prior to discharge from the
none, you may choose when you want to start. hospital or health care facility, or
Have a talk with your human resources manager or  (2) direct filing and reimbursement by
administrative officer if you have concerns. submitting to PhilHealth a duly
accomplished PhilHealth Claim Form 2,
official receipts, hospital or doctor’s waiver
What happens during my maternity leave? and other documents or record of medical
Your employer may make contact with you, and procedure undertaken, within 60 calendar
vice-versa, while you're on maternity leave. The days from discharge from the hospital or
kind of contact you have with your employer should health care facility.
be reasonable, for example, to discuss your plans
for returning to work or to keep you informed of For more information on availing Philhealth
important developments at your workplace. You maternity benefits,
should also be kept informed of any relevant visitwww.philhealth.gov.ph.
promotion opportunities or job vacancies that arise
during your maternity leave.
Is paternity leave and pay available?
Paid paternity leave is available for married male
When should I return to work?
employees. If your husband is working for an
Unless agreed on otherwise, you return to work as employer he may be entitled to seven calendar
soon as your maternity leave ends. days of paternity leave and pay. Unlike new moms,
a new dad may only avail of paternity leave with
If you want to change the date of your return, you pay if he is both married to the mother of his child
will need to inform your employer in advance. If you and living together with her under the same roof.
decide not to return to work at the end of your
maternity leave because you are not yet ready and Read more in our article on Paternity Leave.
may need more time to recuperate, you need to file
anapplication for extension of maternity
leave together with a medical certificatefrom your What other rights do I have at work?
doctor. The extension is without pay unless you Our laws require every employer to address the
have earned enough sick or vacation leaves to needs of pregnant and lactating employees by:
cover for your absence. • Providing adequate medical and dental services
to their employees.
If you have had surgery due to a gynecological • Provide facilities such as rest areas with proper
disorder, you may avail of a special leave seats, separate comfort rooms, a nursery and a
benefit of two months with full pay under the lactation station
Magna Carta of Women. This right is available to • Subsidizing their employees’ insurance coverage.
women employees who have worked for at least six In the case of employees in the private sector, they
months for the last 12 months. are required to be covered by the SSS.
• Keeping in mind the welfare and safety of his
All women have a right to return to work after employees.
maternity leave, regardless of the size of their
employer's company. If your work requires you to perform tasks that
might pose a risk to your pregnancy, speak to your
immediate supervisor or direct superior about
How do I claim my benefits?
temporarily relieving you from the task while you
You may claim your maternity pay directly from are pregnant. If you are scheduled to work at night
your employer, usually in the same manner as how or for long periods of time, you may also ask to
you claim your salary.
temporarily change your work schedule or work on ** Your MP will be the amount resulted from each of
flexi-time. the formula aboveWHICHEVER IS HIGHER
____________________________________ **Take note that the AMSC (Ave. Monthly Salary
Credit) and CYS(creditable years of service) differ
SSS Benefits from every employee as our salary varies from time
Know your SSS benefits, know your future to time.
security. This hub is a response from lots of ** A retiree has the option to receive the first 18
requests and inquiries about the Social Security monthly pension in lump sum discounted at a
System benefits in the Philippines, shortly called preferential rate of interest to be determined by the
from the acronym, SSS. What are my benefits? SSS.
How to compute them? How to claim? Lots of
people ask 'how to apply for my social security **The higher your SSS contribution and CYS,
insurance' as well. You have to read this hub and the higher will be your MP
learn. **A bill has been authored in the senate to raise the
If you’re an employee working in a private minimum AMP to 3000. Let’s hope it will be
institution or employer, you surely are paying or approved and be raise to 5000 or more LOL
remitting monthly contributions for your SSS Benefits in the Philippines
SSS. OFW(Overseas Filipino Workers), household
workers and all employees under the age of 60 SSS Retirement Benefit
other than the government are covered for the The SSS Retirement Benefit is synonymous to old
social security benefits. For those who ask, what if age pension or simply retirement pension. It is a
I’m not working in a company, can I contribute and lifetime cash benefit paid to the retiree every month
become a member of the SSS? The answer is after he retired or after he stopped working
YES. Surely you can. If you are self-employed, reaching the age of 60 or 65. Any old age
you can apply to become a member then pay your pensioner can receive his monthly SSS pension
contributions monthly or quarterly. The same thing provided he paid at least 120 monthly
if you’re not employed but capable of paying contributions prior to the semester of his
monthly contribution of your choice, you can still retirement. He’s entitled to received13th month
become an SSS member and enjoy all the benefits pay every December as well. In case he hasn’t
it offers to each member. That's what they refer to completed a 120 months of contributions when he
'voluntary contribution' . I have included the latest reached his retirement, he is entitled to receive
Social Security System Contributions Schedule a lump sum amountinstead. Qualified
below for those who want to know how much beneficiaries will receive 10% of the monthly
they’re gonna pay monthly according to their pension benefits or P250 whichever is higher. This
compensations. Feel free to ask if you wanna know is so seldom because usually old age don't have
something. children below 21 anymore upon retirement. How to
compute for your SSS monthly retirement pension?
Before I go to the benefits, I just wanna say SSS is What about the lump sum benefit? I have
just one of the benefits of a common private demonstrated a sample formula computation of
employee in the Philippines. Just like any monthly pension in this hub. Check it out.
insurance, it is so helpful financial aid to all
members and their beneficiaries. The others are
thePhilHealth and PAGIBIG Fund. GSIS is a SSS Disability Benefit
version of SSS mandated to all government The SSS Disability Benefit just like any other social
employees. Just so you know and just to avoid disability program adopts the World Health
confusions here. OK now the SSS benefits… Organization’s definition of disability which
specifically refers to “restriction or lack (resulting
MP (Monthly Pension) Computation from impairment) of ability to perform an activity in
 MP = P300 + (20% of AMSC) + 2% of
the manner or within the range considered normal
AMSC for each CYS in excess of 10 years for a human being.” And who are qualified for this
 MP = 40% of the AMSC disability benefit? Social Secutity System members
who suffer partial or total disability and have paid at
 MP = P1200 (if your CYS is at least 10 or
least one monthly contribution to the SSS before
more but less than 20)
the semester of unforeseen event are qualified.
 MP = P2000 (if your CYS is 20 or more) Disability benefit is also paid in two ways: thru
monthly pension and lump sum amount. A disabled
member is qualified to accept monthly disability beneficiaries. When you died your soul can’t
pension if he has paid at least 36 monthly negotiate with the SSS anymore. There are two
contributions to the SSS prior to the semester of types of benefits for death and funeral: monthly
unfortunate incident. However, the lump sum pension and lump sum amount. According to the
amount is granted to those who have not paid the Social Security System, monthly pension is granted
required 36 monthly contributions. How much is only to the primary beneficiaries of a deceased
the pension for disability?Just like any other type member who had paid 36 monthly contributions
of pension, the monthly cash benefit is computed before the semester of his death. The lump sum on
based on the disabled member’s number of paid the other hand, is the amount granted to the
contributions and the years of his membership. primary beneficiaries of a deceased member who
According to SSS, the lowest monthly pension is had paid less than 36 monthly contributions before
P1000 for members with less than 10 credit years the semester of death. The secondary beneficiaries
of service: P1200 with at least 10 CYS and P2400 shall be entitled to a lump sum benefit. If the
with at least 20 CYS. beneficiary are entitled to receive monthly pension
SSS Sickness Benefit benefits, he will receive 13th month pay every
Just like any human being who meets injury or December, too.
sickness, SSS members can also avail for the
sickness benefit. Sick benefit is a daily cash SSS EC Compensation Benefits
allowance paid for the number of days a member is
All SSS members both employees and employers
unable to work for at least 4 days provided the
are automatically entitled for theEC compensation
member has paid at least 3 monthly contributions
program to receive generous benefits. Benefits
within the 12 month period prior to his sickness and
from sickness, injuries, death, and disability are just
all company sick leave pay for the year has been
among the broad coverage of this type of benefits
used. You ask how much will be the sickness
from the Social Security System. I recommend
benefit? The SSS member is entitled to receive per
checking out this official website to understand the
day a 90 percent of his average daily salary
EC benefits totally.
credit.
Loan Benefits
SSS Maternity Benefit
Obviously, the SSS maternity benefit is only As a member of the SSS, you may also qualify to
intended to those female members who couldn’t other benefits such as member loans, housing
work due to childbirth or miscarriage. Any female loans and business loans.
qualified for this is granted daily cash allowance
provided she has contributed at least 3 months at
the SSS within the 12-month period immediately
before the semester of her childbirth or miscarriage.
How much would be the maternity benefit?
According to SSS, it is equivalent to 100 per cent
of the member’s average daily salary credit
multiplied by 60 days for normal delivery or
miscarriage, 78 days for caesarean section
delivery.

SSS Death and Funeral Benefit


Sounds morbid but we only die once. lol Anyway, if
a SSS member died, his qualified beneficiaries and
dependents could receive death and funeral
benefits from the insurance company provided they
are his legitimate spouse or children, illegitimate or
adopted children under 21 of age. What if the
member was single? His parents are qualified
beneficiaries. What if she has no family or parents
anymore? Well then the benefits will go to me. lol
Seriously, the money will go to anyone the
member listed as beneficiary in the SSS records.
So it is very important to list and update your

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