Social Security Law Flashcards
Compulsory Upon
- Employee less than 60 years old
- Employer
Separation from Employment
employer’s obligation to pay contribution will cease at EOM of separation
however, you (employee) may continue to pay voluntarily to maintain right
What if I have already earned under private benefit plans and then comes the approval of SSS act?
- benefits will not be discontinued or reduced
- integrated with plan of SSS
What if there are changes or adjustments in the benefit of the private plan because of the integration?
shall be agreed upon by the employer and employee
Who is in control of the private benefit plan?
The benefits agreed upon can be higher than the benefits provided in SSS. True or False?
employer
TRUE - not a limitation of the right of employers and employee to agree on
Is this considered self-employed?
- Partners and Single Proprietors of business
YES
Is this considered self-employed?
- actors, directors, scriptwriters, news correspondents
YES (as long as they do not fall under the term “employee”)
Is this considered self-employed?
- professional athletes, coaches, trainers, and jockeys
YES
Treatment for Self-Employed
Both employer and employee at the same time
Is this considered self-employed?
- individual farmers, fisherman, and miners
YES for farmers and fisherman
NO for miners
What if there is an interruption of income for the self-employed?
NOT required to pay contributions for that month
however, you (self-employed) may continue to pay voluntarily to maintain right
I am self-employed with no income for 2 months. Then in the 3rd month, I earned 100 million. Can I pay the contribution for the 2 months that I missed?
NO (retroactive payment is not allowed)
Who are considered as agents in case of OFW?
Manning agencies
Principal - foreign employer
Someone died on June 2024. When is the semester of contingency?
January 2024 to June 2024
Monthly Pension shall be the HIGHEST of
- 300 + (20% AMSC) + (2% AMSC x CYS - 10)
- 40% AMSC
- minimum
After that, add PHP 1,000 (from February 2017)
What is the minimum amount of monthly pension in case of retirement?
10 credited years - 1,200
20 credited years - 2,400
Monthly Pension shall be paid for an aggregate amount of 40 months. True or False?
NO (the minimum is 60 months)
Amount of Dependent’s Pension
Paid to Each Dependent
HIGHER OF
- 10% of Monthly Pension
- PHP 250
Maximum number of dependents who can be given monthly pension
What if there are legitimate and illegitimate children? Who is preferred?
5
Legitimate
Who can avail of retirement benefits?
- has paid at least 120 contributions prior semester of contingency
- either
- 60 years and retired
- 65 years - 60 years and retired and has paid less than 120 contributions → lump sum equal to total contribution paid
What if retired then re-employed?
- monthly pension is suspended
- shall pay monthly contributions again
What if retired then died?
Primary Beneficiary vs Secondary Beneficiary
Primary - monthly pension
Secondary (if no primary AND only if dies within 5 years from retirement) - lump sum of balance of 5-year guaranteed pension
What if died then paid at least 36 monthly contributions prior semester of contingency?
Primary Beneficiary vs Secondary Beneficiary
Primary - monthly pension (dependent = dependent’s pension)
Secondary (if no primary) - lump sum of equivalent of 36x the monthly pension
What if died then paid e.g. 20 monthly contributions prior semester of contingency?
Either Primary Beneficiary of Secondary Beneficiary
HIGHER OF
- lump sum of equivalent of monthly pension x number of paid
- 12x the monthly pension
What if permanent total disability then paid at least 36 monthly contributions prior semester of contingency?
monthly pension
What if permanent total disability then paid e.g. 20 monthly contributions prior semester of contingency?
HIGHER OF
- lump sum of equivalent of monthly pension x number of paid
- 12x the monthly pension
Other cases where monthly pension and dependent’s pension will be suspended (cases other than reemployment)
- recovery of disabled from a permanent total disability
- failure to prepare for yearly examination of SSS
What if total disability then died?
Primary Beneficiary vs Secondary Beneficiary
Primary - monthly pension
Secondary (if no primary AND only if dies within 5 years from retirement) - lump sum of balance of 5-year guaranteed pension
What disabilities are considered permanent?
Lima lang
- Complete loss of sight (both eyes)
- Two limbs
- Loss at or above the ankles or wrists
- Permanent complete paralysis - Brain Injury (imbecility or insanity)
- Other cases by SSS
Amount of benefit if permanent partial disability occurs before 36 monthly contributions prior semester of contingency?
percentage of lump sum benefit
- with regards to degree of disability
Amount of benefit if permanent partial disability occurs after 36 monthly contributions prior semester of contingency?
amount of pension for permanent total disability
Percentage Degree of Disability
divided by 75
What if partial disability then retired or died?
cannot receive pension anymore
What if disability, received lump-sum benefit, then re-employed?
Within 1 year from date of disability
- monthly pension is suspended
- shall pay monthly contributions again
- considered as new member
