SSS LAW Notes
SSS LAW Notes
Voluntary Coverage
• Spouses:
o Spouses who manage household affairs
full-time can opt for voluntary SSS
coverage unless they are engaged in
other vocations subject to mandatory
coverage.
Summary Notes Compulsory Coverage of Overseas Section 10. Effective Date of Coverage
Filipino Workers (OFWs)
a. Employer – 1st day of operation
(a) Coverage Requirements b. Employee – 1st day of employment
c. Self-Employed – upon registration
• Compulsory for all OFWs: Sea-based and land-
Section 11. Effect of Separation
based, under 60 years old.
• Benefits Provided: Includes retirement, death, • When an employee under compulsory coverage
disability, funeral, sickness, and maternity. is separated from their job, the employer’s
contributions and the employee's obligation to
(b) Manning Agencies pay contributions stop at the end of the month
of separation.
• Employer Responsibility: Manning agencies are
• The employee will still receive credit for all
considered employers of sea-based OFWs.
contributions made and can access benefits as
• Liability: They are jointly liable with principals
for violations of the Act. per the Act.
• Criminal Liability: Individuals managing • The employee has the option to continue paying
manning agencies can face criminal charges for total contributions to maintain their right to full
violations. benefits.
(e) Enforcement
Funeral Grant
5. Reimbursement to Employers
4. Reimbursement:
5. Employer Liability:
• Benefits cannot be transferred, and no power • No tax measure can be applied to the SSS unless
of attorney will be recognized for collection, it explicitly revokes the established tax-
except for those physically unable to collect in exemption policy outlined in Section 2 of the
person. Act.
• Any tax assessment against the SSS is deemed
5. Death Benefits null and void.
• No agent, attorney, or individual may charge a • Starting from the last day of the month when
fee for services related to preparing, filing, or an employee’s compulsory coverage begins,
pursuing claims for benefits under this Act. employers must:
• Any agreements to the contrary are considered o Deduct the employee’s contributions
null and void. from their monthly salary or earnings.
• It is prohibited to deduct or retain any amounts • The amount deducted corresponds to the
from benefits for the payment of fees for these employee’s salary and follows:
services. o The monthly salary credits.
o The schedule and rate of contributions
3. Attorneys’ Fees established by the Commission.
• Timing: Employers must start paying • Annual Appropriation: Congress must allocate
contributions from the last day of the month necessary funds from the National Treasury
when an employee's coverage begins, each year to cover the estimated expenses of
continuing monthly. the SSS.
• Amount: Contributions follow the schedule • Additional Funding: Congress may provide
outlined in Section 18. extra funds as needed to maintain an adequate
• No Deductions: Employers cannot deduct or working balance, based on periodic actuarial
recover these contributions from employees’ studies.
compensation, regardless of any contracts.
• Misrepresentation Penalty: If an employer Section 24-A: Report and Registration of the Self-
misrepresents the employment date or under- Employed
remits contributions, resulting in reduced
benefits, they must pay damages equivalent to • Reporting Requirements: Self-employed
the reduction. individuals must report their name, age, civil
• Unremitted Contributions: Employers are also status, occupation, average monthly net
liable for any unremitted contributions and income, and dependents to the SSS within 30
associated penalties. days of coverage activation.
• Benefit Limitation: If an individual fails to report
(c) Confidentiality and Record Accuracy within the 30-day period and subsequently
dies, becomes sick, disabled, or reaches age 60,
• Confidentiality: Employee and employer the SSS will not provide the corresponding
records submitted to the SSS are confidential benefits.
and cannot be disclosed without proper
authorization or subpoena.
• Presumed Accuracy: Records are presumed
correct unless corrections are made prior to Section 25: Deposit and Disbursements
claiming benefits. Payments made in good faith
by the SSS discharge them from liability unless • Fund Management: All money collected by the
another beneficiary claims prior. SSS is to be deposited, managed, and disbursed
according to laws governing other public
(d) Record-Keeping Requirements special funds.
• Expense Limits:
• Accurate Records: Employers must maintain o A maximum of 12% of total yearly
accurate employment records and an "Annual contributions plus 3% of other
Register of New and Separated Employees." revenues can be used for salaries,
• Information Required: This register must office equipment, operational
include employment dates, names, SSS expenses, and maintaining regional
numbers, and other required data, submitted offices.
to the SSS annually in January. o If actual expenses are below the
• Inspection Rights: SSS representatives may maximum allowed in a given year, the
inspect these records quarterly or as needed. unused portion cannot be carried over
as additional spending in subsequent
years.
Section 26: Investment of Reserve Funds Section 27: Records and Reports
• Reserve Fund Creation: Revenues not required • Record Keeping: The administrator is
for current administrative expenses are responsible for maintaining records of the
accumulated in a "Reserve Fund." operations, funds, and disbursements of the
• Investment Reserve Fund: Portions of the System.
Reserve Fund not needed for immediate • Annual Report: Each January, the administrator
benefit obligations are invested to achieve an prepares a report for the President and
average annual income of at least 9%. Congress, detailing:
o Operations of the System from the
Investment Options: previous year.
o Statistical data on covered individuals,
1. Government Bonds: Investments in interest- their occupations, employment status,
bearing bonds or securities backed by the and benefits paid.
Government of the Philippines. o Financial status at year-end.
o Recommendations for improvements.
2. Domestic Bank Deposits: Interest-bearing
• Public Disclosure: A synopsis of the annual
deposits or securities in domestic banks,
capped by the bank's unimpaired capital or report, particularly on the financial status and
total private deposits. benefits administered, is published in two
3. Loans to Government: Loans or advances to the newspapers of general circulation in the
National Government for infrastructure Philippines.
projects, with tolls collected by the SSS.
4. Housing Loans: Direct housing loans to covered
employees and group housing projects,
prioritizing low-income groups, capped at 30%
of the Investment Reserve Fund.
5. Employee Loans: Short and medium-term loans
to employees for salary, education, calamity, or
emergency needs, capped at 10% of the
Investment Reserve Fund.
6. Income-Earning Projects: Investments in
projects secured by first mortgages on real
estate, aimed at benefiting the SSS and its
members.
7. Mortgagors' Insurance Account: SSS can insure
its interests on properties mortgaged to it,
establishing a separate account for insurance
operations.
8. Private Insurers: SSS may insure its interests
with private companies, with examinations
conducted by the Insurance Commission every
two years.
9. Corporate Bonds: Bonds or debentures from
solvent corporations, provided the issuer has a
solid payment history and meets specific
financial criteria, capped at 10%.
10. Preferred Stocks: Investments in preferred
stocks of solvent corporations with a history of
regular dividends, capped at 10%.
11. Common Stocks: Investments in common
stocks of solvent corporations listed on the
stock exchange, with proven profitability,
capped at 10%.
Section 28: Penal Clause Section 29: Government Aid