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RFBT (Oct 2023 CPALE) > SSS Law > Flashcards

SSS Law Flashcards

1
Q

Any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, undertaking, or activity of any kind and uses the services of another person who is under his orders as regards the employment

A

Employer

Hint: “…uses the services of ANOTHER PERSON…”

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2
Q

Any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services.

A

Employee

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3
Q

FGH Partnership is a General Partnership who sells clothing and apparel to the general public. E works as a salesman in the said partnership and receives monthly compensation. In this case, E is a/an:

a. Employer
b. Employee
c. Both choices a and b
d. Neither choice a nor b

A

b.

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4
Q

FGH Partnership is a General Partnership who sells clothing and apparel to the general public. E works as a salesman in the said partnership and receives monthly compensation. In this case, FGH Partnership is a/an:

a. Employer
b. Employee
c. Both choices a and b
d. Neither choice a nor b

A

a.

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5
Q

A parent who receives regular support from a member of SSS is called

A

Dependent

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6
Q

Legal spouse entitled by law to receive support from the member is a

A

Dependent

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7
Q

The legitimate, legitimated, or legally adopted, and illegitimate child who is unmarried, not gainfully employed, and has not reached 21 years of age, or if over such age, is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally is called

A

Dependent

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8
Q

The legitimate, legitimated, or legally adopted, and illegitimate child who is unmarried, gainfully employed, and has reached 21 years of age, or if over such age, is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally can be called a dependent. TRUE OR FALSE?

A

False.

“…who is unmarried, GAINFULLY employed, and HAS reached 21 years of age…”

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9
Q

K, husband, and W, wife, had an only child: M. In addition, K also had a child from the outside with E, Q. Assuming that both children are unmarried, not gainfully employed, and are not yet 21 years of age and that K and W are legally married, who can be classified as dependents?

A

Both M and Q. The law states that dependents can be either legitimate, legitimated, or legally adopted, and illegitimate child.

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10
Q

Compensation base for contributions and benefits as indicated in the schedule for Employee’s Contributions.

A

Monthly salary credit

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11
Q

K, husband, and W, wife, had an only child: M. In addition, K also had a child from the outside with E, Q. If Q is classified as a dependent, how much is her share (in percentage)?

A

50%

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12
Q

K, husband, and W, wife, had two children: M, and L. M was originally born from W, while L was legally adopted by the couple 6 years after M was born. L will only share in 50% of the benefits. TRUE OR FALSE?

A

False.

Despite being adopted legally, L will be entitled to 100% of the benefits.

An illegitimate child will only result when it is born from 2 persons of opposite sex that is not from a valid marriage.

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13
Q

Result obtained by dividing the sum of the last 60 monthly salary credits immediately preceding the semester of contingency by 60, or the result obtained by sum of all monthly salary credits paid prior to semester of contingency divided by the number of monthly contributions paid in the same period, whichever is higher

A

Average monthly salary credit

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14
Q

Result obtained by dividing the sum of the 6 highest monthly salary credits in the twelve-month period immediately preceding the semester of contingency by 180.

A

Average daily salary credit

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15
Q

For a member covered prior to Jan. 1985, what is the credited years of service?

A

1985 - Calendar Year of Coverage + # of Calendar Years in which 6 or more contributions have been paid up to calendar year containing semester prior to contingency

e.g. If start of coverage is 1983, contingency occurred May 2022:

1985 - 1983 = 2
2022-1-1985 = 36
2+36 = 38

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16
Q

The following are coverage of compulsory coverage in SSS, except:

a. Employees not over 60 years of age
b. Employers
c. None of the choices

A

c.

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17
Q

When shall an employer’s contribution to employee’s account and obligation of employee to pay contributions arising from employment cease (provided employee is under compulsory coverage)?

A

If employee is separated from employment

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18
Q

When an employee under compulsory coverage is separated from employment, can he be credited with all contributions paid on his behalf and be entitled to benefits?

A

Yes.

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19
Q

If an employer’s contribution in his private plan is more than that required, what will happen?

A

Private plans existing and in force at time of compulsory coverage shall be integrated with the plan of the SSS.

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20
Q

The following “self-employed” people are subject to compulsory coverage of the SSS, except for one:

a. Lewis, a Filipino F1 racer
b. Louis, a janitor of GHI Partnership
c. Luisito, a poultry farmer
d. Luis, a famous actor

A

b.

If Louis is a partner of GHI, then he will be covered in the compulsory coverage.

Option a: Lewis is a professional athlete (being a race car driver)
Option c: Luisito is an individual farmer
Option d: Luis is a famous actor that is not an employee

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21
Q

J is a self-employed Engineer. During the month of November, he realized no income from his profession. Is he required to pay contributions for that month?

A

No

However, he may be allowed to continue paying contributions under the same rules and regulations applicable to separated employee member.

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22
Q

Coverage of all sea-based and land-based OFWs who are not over 60 years of age are __________________

A

Compulsory

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23
Q

These are agents of their principals and considered as employers of sea-based OFWs

A

Manning agencies

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24
Q

Compulsory members of SSS and considered in the same manner as self-employed persons under such rules and regulations that the Commission shall prescribe.

A

Land-based OFWs

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25
Q

The following shall ensure compulsory coverage of OFWs through bilateral social security and labor agreements and other measures for enforcement, except:

a. DTI
b. DFA
c. SSS
d. DOLE

A

a.

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26
Q

When is the effective date of coverage for a compulsory coverage of employer?

A

First day of operations

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27
Q

When is the effective date of coverage for a compulsory coverage of employee?

A

Day of employment

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28
Q

When is the effective date of coverage for a compulsory coverage of a self-employed person?

A

Registration with SSS

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29
Q

Assume the following amounts:

Average Monthly Salary Credit = 4,000
Years in service (credited) = 15 years

How much is the monthly pension (before the additional monthly benefit allowance)?

a. P1,000
b. P1,500
c. P1,600
d. Either, as company policy

A

b.

30
Q

How much is the additional monthly benefit allowance to be given to all retirement, death and disability pensioners receiving monthly pensions in or after Jan. 2017 (in accordance with Memorandum from Executive Secretary, dated Feb. 22, 2017?)

a. P1,500
b. P1,200
c. P2,400
d. P1,000

A

d.

31
Q

How much is the dependent’s pension payable on account of death, permanent total disability or retirement?

A

Higher of 10% of monthly pension or P250

32
Q

The following are the children of M (member of SSS) and Z:

A = 24 y/o
B = 20 y/o
C = 18 y/o
D = 13 y/o
E = 7 y/o
F = 5 y/o

Assume that A is already working as a pharmacist in a pharmaceutical company. If M has a monthly pension of P2,200 which was received due to retirement, how much would be given to A?

A

P0.

A is already above 21 years old (and assumed to be self-sustaining)

33
Q

The following are the children of M (member of SSS) and Z:

A = 24 y/o
B = 20 y/o
C = 18 y/o
D = 13 y/o
E = 7 y/o
F = 5 y/o

Assume that A is already working as a pharmacist in a pharmaceutical company. If M has a monthly pension of P2,200 which was received due to retirement, how much would be given to each of the dependents?

A

P250

Monthly pension = P2,200 x 10% = P220 vs P250, so we get higher (P250).

34
Q

The following are the children of M (member of SSS) and Z:

A = 24 y/o
B = 20 y/o
C = 18 y/o
D = 13 y/o
E = 7 y/o
F = 5 y/o

M received P2,200 pension due to retirement. Assuming that A is currently working, in which order of hierarchy shall the dependent’s pension be given?

A

First to last: F, E, D, C, B.

A is excluded, as he is capable of self-sustenance.

35
Q

In order to be entitled to monthly retirement pension benefits:

  1. How many contributions should he/she pay?
  2. When should these be paid?
A
  1. At least 120 monthly contributions
  2. Prior to semester of retirement
36
Q

What is the age requirement of a member who is entitled to monthly retirement pension benefits under the ff. scenarios:

  1. Already separated from employment/ceased to be self employed?
  2. If the answer to Q1 is not the case?
A
  1. 60 yrs. old
  2. 65 yrs. old
37
Q

When the retiring member has the option to receive his monthly pensions in lump sum discounted at a preferential rate of interest to be determined by the SSS, how many monthly pensions will he receive?

a. 12
b. 18
c. 120
d. 36

A

b.

38
Q

A covered member who is aged 60 years old at retirement and does not qualify for pension benefits shall be entitled to receive what?

a. 12 monthly installment benefits equal to the contributions he and his employer paid
b. Lump sum benefit equal to total contributions paid by him only
c. 36 monthly installment benefits equal to the contributions he and his employer paid
d. Lump sum benefit equal to total contributions paid by him and on his behalf

A

d.

39
Q

Can a separated member who has paid less than 120 monthly contributions have an option to continue paying contributions as a mandatory-paying member to complete the required 120 contributions to qualify for full pension benefit.

A

No.

“…an option to continue paying contributions as a VOLUNTARY-PAYING member to…”

40
Q

L, a CPA who retired from work at 60, was reemployed again by the same company at 63 years old. If L re-employs again, shall he continue receiving monthly pension?

A

No. The monthly pension shall be suspended upon the reemployment or resumption of self-employment of a retired member who is less than 65 years old.

41
Q

Who shall receive the monthly pension of a retired member who died?

A

Primary beneficiaries as of date of retirement

42
Q

J, a 62 year-old retired Architect and SSS member, died of cancer. He has no wife nor children, but still has his mother and father (aged 87 and 90) alive.

If J died 4 years (48 months) from the start of his monthly pension, who shall be entitled to the benefits?

A

Parents (as secondary beneficiary)

43
Q

J, a 62 year-old retired Architect and SSS member, died of cancer. He has no wife nor children, but still has his mother and father (aged 87 and 90) alive.

If J died 4 years (48 months) from the start of his monthly pension, how much should the beneficiaries be entitled to?

A

Lump sum benefit equal to total monthly pensions corresponding to the balance of the five-year guaranteed period (excluding dependents’ pension)

44
Q

If a member retires after reaching 60 years old, the pension shall be the higher of:

A
  1. Monthly pension computed at the earliest time he could have retired had he been separated from employment or ceased to be self-employed plus all adjustments; or
  2. Monthly pension computed at the time when he actually retires
45
Q

How many monthly contributions are needed for the primary beneficiaries to be entitled monthly pension and his dependents the dependents’ pension?

A

36 monthly contributions

46
Q

How many monthly contributions are needed for the secondary beneficiaries (if there are no primary beneficiaries) to be entitled lump-sum benefit equal to 36 times the monthly pension?

A

36 monthly contributions

47
Q

If a covered employee dies and has not paid the required 36 monthly contributions, the beneficiaries shall be entitled to whichever is higher between:

A

a. Lump sum benefit equal to monthly pension times number of monthly contributions paid to SSS; or

b. 12 times the monthly pension

48
Q

How many monthly contributions are needed for a member who suffered permanent total disability to be entitled to monthly pension?

A

36 monthly contributions prior to semester of disability

49
Q

If a member has not paid the required 36 monthly contributions and has suffered permanent total disability, he shall be entitled to:

A

a. Lump sum benefit equal to monthly pension times number of monthly contributions paid to SSS; or

b. 12 times the monthly pension

50
Q

J, who was employed formerly as a truck driver, suffered from permanent total disability in 2023. In what grounds shall his monthly pension and dependents’ pension be suspended?

a. J didn’t recover from his total disability
b. J never sought for reemployment
c. J never presented himself for examination at least once a year
d. None of the choices

A

c.

51
Q

The following are deemed permanent total disabilities, except:

a. Brain injury resulting to insanity
b. Permanent complete paralysis of two limbs
c. Loss of sight of one eye
d. Loss of two limbs at the ankle

A

c.

It should be complete loss of sight of BOTH eyes

52
Q

L, a delivery truck driver, lost his left arm in a mishap. If L made 37 monthly contributions after the disability occurred, what is the maximum number of months in which pension will be paid?

A

50

53
Q

How much shall the funeral benefit be upon the death of a covered member, permanently totally disabled employee or retiree?

A

P12,000

54
Q

How much is the allowance (in %) of the average daily salary credit of a covered employee who has paid at least 3 monthly contributions in the twelve-month period immediately preceding the semester of sickness?

a. 50%
b. 90%
c. 100%
d. 75%

A

b.

55
Q

In no case shall the daily sickness benefit be paid longer than ____ days in ____ calendar year

A

120; 1

56
Q

Daily sickness benefit shall not be paid for more than ___ days on account of the same confinement

A

240

57
Q

Employee member shall notify his employer of the fact of his sickness or injury within _______________ days after the start of his confinement

A

5 calendar

58
Q

A corporate body to function and operate as an independent and accountable GOCC within the governance standards and principles of RA 10149.

a. SSS
b. GSIS
c. PhilHealth
d. None of the choices

A

a.

59
Q

The principal place of business of SSS is in:

a. Cabanatuan, Nueva Ecija
b. Metro Manila
c. Vigan, Ilocos Sur
d. Cebu City

A

b.

60
Q

One of the powers and duties of the SSS is to submit an annual report to the President of the Philippines and to the Congress of the Philippines covering its activities. When should the annual report be submitted?

a. April 30 every year
b. Not later than January 31
c. January 31 every year
d. Not later than April 30

A

d.

61
Q

Identify which statements are true.

I. The SSS shall require the Chief Actuary to submit a Valuation Report on the SSS benefit program every 3 years or more frequently as may be necessary.

II. The SSS shall pursue collaboration with the OWWA on the establishment of representative offices in foreign countries, taking into consideration the Filipino communities in the said country in order to strengthen its presence and intensify promotion of OFW coverage programs

III. The SSS shall provide for feasible increases in benefits every 3 years, including the addition of new ones, under such rules and regulations as the Commission may adopt

a. I only
b. I & II
c. I & III
d. II & III

A

a.

Statement II: Should be DFA, not OWWA
Statement III: Should be every 4 years, not 3

62
Q

Identify the false statements.

I. The President of the Republic of the Philippines shall serve as the CEO of the SSS.
II. The President, but not the CEO, shall be responsible for carrying out the SSS programs and policies of the Commission
III. The President and CEO shall be appointed by the President of the Republic of the Philippines.

a. II & III
b. I & III
c. I & II
d. III only

A

c.

Statement I - The President appointed by President of PH shall be the CEO of SSS
Statement II - The President & CEO of SSS, not the President alone.

63
Q

The following are qualifications for appointment of a person as President & CEO of SSS. Choose the exception.

a. Person of known competence, probity, integrity
b. Has recognized expertise in international security
c. Has recognized expertise in economics
d. Has recognized expertise in banking and finance

A

b.

“SOCIAL security, not international security”

64
Q

Identify the true statement/s concerning the causes of removal of the President and CEO of SSS (provided if for a valid cause):

I. Physical/mental incapacity from discharging the duties and responsibilities, with such incapacity lasting for more than 3 months.
II. Guilty of acts or omissions which are of fraudulent or illegal character
III. Does not meet the standards of performance based on the evaluation of the Governance Commission for GOCCs

a. I only
b. I & II
c. II & III
d. III only

A

c.

Statement I: Incapacity should be lasting for more than 6 months

65
Q

The President and CEO has the power to appoint the personnel of the SSS below the rank of:

a. Treasurer
b. Secretary
c. Vice-President
d. Chairman

A

c.

66
Q

The following are the composition of the SS Commission, except:

a. Secretary of the Department of Finance as the President and CEO
b. President and CEO as the Vice-Chairperson
c. Secretary of DOLE as ex-officio member
d. 3 Representatives from employers group, at least 1 of whom shall be a woman.

A

a.

Should be: Ex-officio Chairperson

67
Q

To be appointed as member of the Commission, the following qualifications should be met, except which?

a. Recognized expertise in fields of social security
b. With more than 10 years of managerial or leadership experience
c. Known competence, probity and integrity
d. None of the choices

A

b.

“With at least 10 years…”

68
Q

For regular Appointive Members, they shall serve for ___ years, extendible for another term of ___ years.

a. 3; 3
b. 2; 2
c. 2; 3
d. 3; 2

A

a.

69
Q

Identify if the ff. statements are true (T) or false (F):

I. All members of the Commission shall continue to hold office until their successors shall have been appointed and duly qualified.
II. All vacancies, prior to expiration of the term of office, shall be filled for 1 term.
III. The terms of offices of the first 6 appointed members shall be 3 years for every 2 members, respectively.

a. All T
b. All F
c. T, F, F
d. T, T, F

A

c.

70
Q

Compensation, per, diems, allowances, and incentives of the Appointive Members of the Commission shall not be allowed. TRUE OR FALSE?

A

False. Such compensation shall be in accordance with and subject to RA 10149.

71
Q
A
71
Q
A

RFBT (Oct 2023 CPALE) (13 decks)

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