SSS Law Reviewer

Social Security Act of 1997 (RA 8282)

Salient Features of the SSS Law

Employer - Any person, natural or judicial, domestic or foreign who
carries on in the Philippines any trade, business, industry undertaking
or activity of any kind and uses the services of another person who is
under his orders as regards employer. A self-employed person shall be
both employee and employer at the same time.
      Exempt employer: government and any of its political subdivisions,
      branches and instrumentality, including GOCCs (Government Owned
      and Controlled Corporations.

1. Primary Beneficiaries
         a. Dependent Spouse until remarriage
         b. Dependent Legitimate or Legitimated or Legally Adopted and
            Illegitimate Children
2. Secondary Beneficiaries - Dependent Parents
3. Other Beneficiaries - Absent primary and secondary beneficiaries,
   any other person designated by member as secondary beneficiary.

   As to DEATH BENEFITS, If no beneficiary qualifies under the Act,
   benefits shall be paid to Legal Heirs in accordance with Law
   of Succession.

SSS (Social Security System) Benefits
1. Monthly Pension - minimum pension is 1,200 for members with at
   least ten (10) credited years of service and 2,400 for those with
   twenty (20) credited years of service.
2. Dependents Pension - 10% of the monthly pension or 250 whichever
   is higher. Limit - 4 children
3. Retirement
4. Death
5. Permanent Disability
6. Funeral
7. Sickness

1. Compulsory - 1. All employees not over sixty (60) years of age and
                   their employers compulsory coverage of the employer
                   shall take effect on the first day of his operation
                   and that of the employee on the day of his employment
                2. Self-employed employees as may be determined by the
                   Commission under such rules and regulations as it
                   may prescribe, including, but limited to: all
                      a. Self-employed professionals;
                      b. partners and single-proprietors of business;
                      c. actors and actresses, directors,scriptwriters
                         and news correspondents not employees;
                      d. professional athletes, coaches, trainers and
                         jockeys, and
                      e. individual farmers and fishermen; upon their
                          registration with the SSS.
                3. Domestic helpers who are sixty years of age and below
                   with a monthloy income of not less than P1,000 on the
                   date of their employment
                4. individual farmers and fishermen under SS (Social
                   Security) rules and regulations
2. Voluntary -  1. Filipinos recruited by foreign-based employers for
                   employment abroad
                2. Employee separated from employment
                3. Self-employed – realizes no income
                4. Spouse who devotes full time managing household and
                   family affairs unless specifically mandatorily covered
3. By Arrangement - any foreign government, international organization
   or wholly owned instrumentality employing workers in the Philippines
   or employing Filipinos outside the Philippines may enter agreement
   with Philippines for inclusion of such employees in SSS EXCEPT those
   already covered by their respective civil service retirement system.

Exceptions From Coverage
1. Employment purely casual and not for purpose occupation, or business
2. Service performed on or in connection with alien vessel, if
   employed when such vessel is outside of Philippines
3. Employees of Philippine government or instrumentality or agency
4. Service performed in the employee of a foreign government, or
   international organizations, of wholly owned instrumentality employing
   workers in the Philippines or employing Filipinos outside of
   the Philippines
5. Services performed by temporary and other employees excluded by SSS
   regulation; employees of bonafide independent contractors shall not
   be deemed employees of the employer engaging the services of an
   independent contractor

Effective Date of Coverage - Compulsory coverage of the employer shall
take effect on the first day of his operation and that of the employee
on the first day of his employment Provided, That the compulsory
coverage of! the self-employed person shall take effect upon his
registration with the SSS.