COMENTARIOS SOBRE LA POSICIÓN COMÚN 1.Observaciones generales

Q: When is a beneficiary entitled to death benefits? A:

1. Upon death of a member, if he has paid at least 36 monthly contributions prior to the semester of death:

a. primary beneficiaries shall be entitled to the monthly pension; or

b. If there are no primary beneficiaries, secondary beneficiaries shall be entitled to a lump sum benefit equivalent to 36 times the monthly pension.

2. Upon death of a member If he has not paid the required 36 monthly contributions prior to the semester of death:

a. Primary or secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the monthly pension multiplied by the number of monthly contributions paid to the SSS: or

b. 12 times the monthly pension, whichever is higher. (Sec. 13, R.A. 8282) Q: Who are primary beneficiaries?

A:

1. The dependent spouse until he or she remarries 2. The dependent legitimate, legitimated or legally

adopted, and illegitimate children: Provided, that the dependent illegitimate children shall be entitled to 50% of the share of the legitimate, legitimated or legally adopted children.

Q: Who are secondary beneficiaries? A:

1. Dependent parents

2. In the absence of the foregoing, any other person designated by the covered employee as secondary beneficiary. [Sec. 8(k), R.A. 8282] Q: Who are considered dependents?

A:

1. The legal spouse entitled by law to receive support from the member;

2. The legitimate, legitimated, or legally adopted, and illegitimate child who: a. Is unmarried,

b. Not gainfully employed, and

c. Has not reached 21 years of age, or if over 21 years of age, he is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally.

3. The parent who is receiving regular support from the member.

Q: How long shall the primary beneficiaries be entitled to the death benefits consisting of monthly pension and dependent’s pension?

A:

1. Dependent spouse – entitled until he/she remarries

2. Dependent children – entitled until: a) They get married;

b) Find gainful employment; c) Reach the age of 21 years; or

d) Recover from mental or physical incapacity and can now support themselves.

Q: What is the funeral benefit?

A: A funeral grant equivalent to Php 12, 000.00 shall be paid, in cash or in kind, to help defray the cost of expenses upon the death of a member or retiree.

(Sec. 13-B, R.A. 8282)

BENEFICIARIES

Q: What is meant by “dependent for support”? A: The entitlement to benefits as a primary beneficiary requires not only legitimacy but also dependence upon the member Ee [Gil v. SSC CA- GR

SP. 37150, (1996)].

If a wife who is already separated de facto from her husband cannot be said to be "dependent for support" upon the husband, absent any showing to the contrary. Conversely, if it is proved that the

husband and wife were still living together at the time of his death, it would be safe to presume that she was dependent on the husband for support, unless it is shown that she is capable of providing for herself [SSS vs. Aguas, G.R. No. 165546, (2006)]. Q: A, an SSS member was survived by his legal wife, who is not dependent upon him. He was also survived by two common-law wives with whom he had illegitimate minor children. Who among them is entitled to the benefits?

A: The illegitimate minor children shall be entitled to the death benefits as primary beneficiaries because the legal wife is not dependent upon the member. The SSS Law is clear that for a minor child to qualify as a “dependent” the only requirements are that he/she must be below 21 yrs. of age, not married nor gainfully employed [Signey vs. SSS, G.R. No. 173582,

(2008)].

Q: What is compensation?

A: All actual remuneration for employment, including the mandated cost of living allowance, as well as the cash value of any remuneration paid in any medium other than cash except that part of the remuneration received during the month in excess of the maximum salary.

Q: The owners of FALCON Factory, a company engaged in the assembling of automotive components, decided to have their building renovated. (50) persons, composed of engineers, architects and other construction workers, were hired by the company for this purpose. The work was estimated to be completed in 3 years. The workers contended that since the work would be completed after more than 1 year, they should be subject to compulsory coverage under the Social Security Law. Do you agree with their contention? Explain your answer fully. (2000 Bar Question)

A: No. Under Sec. 8 (j) of R.A. 1161, as amended, employment of purely casual and not for the purpose of the occupation or business of the Er is excepted from compulsory coverage. An employment is purely casual if it is not for the purpose of occupation or business of the Er.

In the problem given, Falcon Factory is a company engaged in the assembly of automotive components. The 50 persons (engineers, architects and construction workers) were hired by Falcon Factory to renovate its building. The work to be performed by

these 50 people is not in connection with the purpose of the business of the factory. Hence, the employment of these 50 persons is purely casual. They are, therefore, excepted from the compulsory coverage of the SSS law.

Q: How are disputes settled? A: DISPUTE SETTLEMENT Social Security Commission (SSC) Disputes involving: 1. Coverage 2. Benefits 3. Contributions 4. Penalties

5. Any other matter related thereto.

Note: Disputes within the mandatory

period of 20 days after the submission of evidence. (Sec. 5a, R.A. 8282)

Decision, in the absence of appeal, shall be final and executory 15 days after date of notification. (Sec. 5b, R.A. 8282)

CA / SC

Decisions of SSC shall be appealable to:

1. CA – questions of law and fact (Sec.

5c, R.A. 8282)

2. SC – questions of law. (Sec. 5c,

R.A. 8282)

Execution of decision

SSC may, motu proprio or on motion of any interested party, issue a writ of execution to enforce any of its decisions or awards, after it has become final and executory. (Sec. 5d¸

R.A. 8282)

Q: Can the SSC validly re-evaluate the findings of the RTC, and on its own, declare the latter’s decision to be bereft of any basis?

A: No. It cannot review, much less reverse, decisions rendered by courts of law as it did in the case at bar when it declared that the CFI Order was obtained through fraud and subsequently disregarded the same, making its own findings with respect to the validity of Bailon and Alice’s marriage on the one hand and the invalidity of Bailon and Teresita’s marriage on the other. In interfering with and passing upon the CFI Order, the SSC virtually acted as an appellate court. The law does not give the SSC unfettered discretion to trifle with orders of regular courts in the exercise of its authority to determine the beneficiaries of the SSS [SSS vs. Teresita Jarque

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