COMUNICACIÓN DE LA COMISIÓN AL PARLAMENTO EUROPEO

A: Upon the death of a member or pensioner, his beneficiaries shall be entitled to survivorship benefits. Such benefit shall consist of:

1. The basic survivorship pension which is 50% of the basic monthly pension; and

2. The dependent children’s pension not exceeding 50% of the basic monthly pension

Q: Under what conditions are the primary beneficiaries entitled to the basic monthly pension? A: Upon the death of a member, the primary beneficiaries shall be entitled to:

1. Survivorship pension: Provided, That the deceased:

a. was in the service at the time of his death; or b. if separated from the service, has rendered

at least 3 years of service at the time of his death and has paid 36 monthly contributions within the five-year period immediately preceding his death; or has paid a total of at least 180 monthly contributions prior to his death; or

2. The survivorship pension plus a cash payment

equivalent to 100% of his average monthly compensation for every year of service: Provided,

that the deceased was in the service at the time of his death with at least 3 years of service; or 3. A cash payment equivalent to 100% of his average

monthly compensation for each year of service he paid contributions, but not less than Php 12,000.00: Provided, that the deceased has

rendered at least 3 years of service prior to his death but does not qualify for the benefits under item (1) or (2) of this paragraph. [Sec. 21 (a), R.A.

8291]

Q: After the end of the guaranteed 30 months, are the beneficiaries still entitled to any survivorship benefits?

A: Yes. The survivorship pension shall be paid as follows:

1. When the dependent spouse is the only survivor, he/she shall receive the basic survivorship pension for life or until he or she remarries; 2. When only dependent children are the survivors,

they shall be entitled to the basic survivorship pension for as long as they are qualified, plus the dependent children’s pension equivalent to 10% of the basic monthly pension for every dependent child not exceeding 5, counted from the youngest and without substitution;

3. When the survivors are the dependent spouse and the dependent children, the dependent spouse shall receive the basic survivorship pension for life or until he/she remarries, and the dependent children shall receive the dependent children’s pension. (Sec. 21[b], R.A. 8291) Note: The dependent children shall be entitled to the

survivorship pension as long as there are dependent children and, thereafter, the surviving spouse shall receive the basic survivorship pension for life or until he or she remarries.

Q: When are secondary beneficiaries entitled to survivorship benefits?

A: In the absence of primary beneficiaries, the secondary beneficiaries shall be entitled to:

1. The cash payment equivalent to 100% of his average monthly compensation for each year of service he paid contributions, but not less than Php 12,000.00: Provided, That the member is in the service at the time of his death and has at least 3 years of service; or

2. In the absence of secondary beneficiaries, the benefits under this paragraph shall be paid to his legal heirs. (Sec. 21[c], R.A. 8291)

Q: What are the benefits that the beneficiaries are entitled to upon the death of the pensioner? A:

1. Upon the death of an old-age pensioner or a member receiving the monthly income benefit for permanent disability, the qualified beneficiaries shall be entitled to the survivorship

pension.

2. When the pensioner dies within the period covered by the lump sum, the survivorship pension shall be paid only after the expiration of such period.

Q: Gary Leseng was employed as a public school teacher at the Marinduque High. On April 27, 1997, a memorandum was issued by the school principal designating Gary to prepare the model dam project, which will be the official entry of the school in the search for Outstanding Improvised Secondary Science Equipment for Teachers. Gary complied with his superior's instruction and took home the project to enable him to finish before the deadline. While working on the model dam project, he came to contact with a live wire and was electrocuted. The death certificate showed that he died of cardiac arrest due to accidental electrocution.

Bella (Gary’s common-law wife) and Jobo (his only son) filed a claim for death benefits with the GSIS which was denied on the ground that Gary’s death did not arise out of and in the course of employment and therefore not compensable because the accident occurred in his house and not in the school premises. Is Bella entitled to file a claim for death benefits with the GSIS? Why? (1991 Bar Question)

A: The beneficiaries of a member of the GSIS are entitled to the benefits arising from the death of said member. Death benefits are called survivorship benefits under the GSIS Law. Not being a beneficiary, Bella is not entitled to receive survivorship benefits. She is not a beneficiary because she is a common- law wife and not a legal dependent spouse.

Q: Is the cause of death of Gary (cardiac arrest due to accidental electrocution in his house) compensable? Why?

A: Yes. To be compensable under the GSIS Law, the death need not be work connected.

Q: Abraham, a policeman, was on leave for a month. While resting in their house, he heard two of his neighbors fighting with each other. Abraham rushed to the scene intending to pacify the protagonists. However, he was shot to death by one of the protagonists. Eva Joy, a housemaid, was Abraham's surviving spouse whom he had abandoned for another woman years back. When she learned of Abraham's death, Eva Joy filed a claim with the GSIS for death benefits. However, her claim was denied because: (a) when Abraham was killed, he was on leave; and (b) she was not the dependent spouse of Abraham when he died. Resolve with reasons whether GSIS is correct in denying the claim. (2005 Bar Question)

A: Yes, because under the law, a dependent is one who is a legitimate spouse living with the Ee. (Art. 167 [i], LC) In the problem given, Eva Joy had been abandoned by Abraham who was then living already with another woman at the time of his death. Moreover, Abraham was on leave when he was killed. The 24-hour duty rule does not apply when the policeman is on vacation leave [ECC v. CA, G.R. No.

121545, (1996)]. Taking together jurisprudence and

the pertinent guidelines of the ECC with respect to claims for death benefits, namely:

1. That the Ee must be at the place where his work requires him to be;

U S T