social welfare leg chart

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SOCIAL WELFARE LEGISLATION

COMPARATIVE CHART

ECC SSS SSS (Old Law) GSIS GSIS (Old Law)Basis Work-related illness or injury Occurrence of contingency

whether or not work-connectedsame as new Occurence of contingecy

whether or not work-connectedsame as new

CoverageEmployee - Not over 60 years of age

Over 60 years but paying

contributions to qualifyfor retirement or lifeinsurance

Compulsory

all employees not over 60

years including:

domestics receiving at

least P1,000 amonth

Self-employed

(irrespective ofamount earned)

individual farmers and

fisherfolk(irrespective ofamount earned)

agricultural workers partners and sole-

proprietors

actors/ actresses/ news

correspondents/scriptwriters

professional athletes ,

coaches, trainers andjockeys

Voluntary

Overseas Filipino Workers

Spouse devoting full-time to

managing householdaffairs (unless engages

in vocation subject tomandatory coverage)

Compulsory:

all employees 60 years and

below including:

domestics receiving at

least P1,000 amonth

Self-employed who earn

above P1,800.00/yr

individual farmers/

fisherfolk earning atleast P1,500/mo.)

partners and sole-

proprietors

actors/ actresses/ news

correspondents/scriptwriters

professional athletes ,

coaches, trainers andjockeys

Voluntary Coverage:

Overseas Filipino Workers

(But note MOAbetween DOLE andSSS dated 1988 whichrequires SSS coveragein standardemployment contractof all overseas Filipinoseafarers)

Compulsory

All employees receiving

compensation whohave not reached thecompulsory retirementage, irrespective ofemployment status

EXCEPT:

members of AFP and

PNP

contractuals who have

no employer-employee

relationship withagency serviced

members of the

judiciary (they shallhave life insuranceonly)

Compulsory

All permament employees

below 60 years of ageupon appointment topermanent status

All elective officials for the

duration of their tenure(Non-permanent employees maybe covered upon approval byGSIS)

Employer All employers (private or Employers in private sector same as new All government agenc ies and same as new

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public) instrumental ities, inclg. GOCCs

ECC SSS SSS (Old Law) GSIS GSIS (Old Law)Definition ofemployee

Any person compulsorily

covered by GSIS or SS

Any person employed as

casual, emergency,temporary, substitute orcontractual

Any person who performs

services for anemployer in whichphysical and/or mentalefforts are used andwho receivescompensation for suchservices, where there isan employer-employeerelationship

Self-employed is both

employer and employee

THE FOLLOWING,

however, are not consideredemployment:

Domestics earning below

P1,000 / month

Purely casual employment

Government service(including those inGOCCs)

Service on an alien vessel

outside Philippines (butnote the Ben Sta Ritacase)

Service for foreign

government,internationalorganizations or theirwholly-ownedinstrumentality (unlessPhilippines has an

agreement with themfor coverage)

Temporary employees

Same definition

THE FOLLOWING,

however, are not consideredemployment:

agricultural labor (who do

not earn a regularwage or basic pay anddo not work for anuninterrupted period ofat least 6 months peryear)

domestics (unless they earn

at least P1,000.00/mo)

Purely casual employment

Government officers andemployees (includingthose in GOCCs)

One employed by his son,

daughter or spouse, orthe services of a childunder 21 years in theemploy of his parents

Service on an alien vessel

outside the Philippines

Service for foreign

governments,internationalorganizations or their

wholly-ownedinstrumentalities

Any person receiving

compensation while in theseervice of an employer,whether by election orappointment, irrespective ofstatus of appointment,including barangay andsanggunian officials.

NOTE -- COMPENSATION isdefined as:

Basic pay or salary receivedexcluding:

per diems

bonuses

OT pay

honoraria

allowances

other emoluments in

addition to basic paynot integrated in basicpay

Any person, whether elected

or appointed, in the serviceof an employer who receivescompensation therefor.

NOTE COMPENSATION isdefined as:

Basic pay or salary receivedexcluding:

per diems

bonuses

OT pay

allowances

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excluded by regulation. Temporary employees

excluded by regulation

ECC SSS SSS (Old Law) GSIS GSIS (Old Law)Definition ofemployer

Any person employing servicesof employee (whether in thepublic or private sector)

Any person who carries on inthe Philippines any trade,business, industry orundertaking or activity and usesservices of another who is underhis orders as regards theemployment EXCEPTgovernment (or GOCCs)(It therefore relates only toprivate sector employment)

same as new The national government, itspolitical subdivisions, branches,agencies or is\nstrumentalities,including GOCCs and financialinstitutions with originalcharters, the constitutionalcommissions and judiciary (Ittherefore relates to public sectoremployment.)

The national government, itspolitical subdivisions, branches,instrumentalities, corporationsowned and/or controlled by thegovernment, the PhilippineTuberculosis Society, thePhilippine National Red Crossand the Philippine VeteransBank.

Beneficiaries

Primary Dependent spouse until he

remarries

Dependent children

Dependent spouse until he

remarries

Dependent legitimate,

legitimated, legallyadopted or illegitimatechildren (Leg. Children

get only 50% share oflegitimate or adoptedones unless there are nolegitimate or adoptedchildren)

Dependent spouse until

he/she remarries


legitimated or legallyadopted children

Legal dependent spouse

until he/she remarries


legitimated, legallyadopted andillegitimate children

Dependent spouse until

he/she remarries


legitimated, legallyadopted, acknowledgednatural or illegitimate

children

Secondary

Dependent parents

Illegitimate children and

legitimate descendants(subject to restrictionson dependent children)

Dependent parents Dependent parents

Legitimate descendants

Illegitimate children

Dependent parents

Legitimate descendants,

subject to restrictionson dependent children

Dependent parents

Legitimate descendants

other than dependentchildren

Tertiary

Any person designated as

beneficiary by theemployee

same

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ECC SSS SSS (Old Law) GSIS GSIS (Old Law)Dependents Legitimate, legitimated,

legally adopted oracknowledged natural child

who is: unmarried

not gainfully employed

not over 21 years of age

or over 21 UNLESS heis incapable of self-support due to physicalor mental defect whichis congenital oracquired duringminority

Legitimate spouse living

with employee

Parents of employee whollydependent on him forregular support

Legitimate, legitimated,

legally adopted orillegitimate child who is:

unmarried


has not reached 21

years of age or over 21UNLESS he isincapable of self-support due to physicalor mental defect whichis congenital oracquired duringminority

Legal spouse entitled by law

to receive support frommember

Parent who is receivingregular support frommember

Legitimate, legitimated or

legally adopted child whois:

unmarried


not over 21 years of

age, UNLESS he iscongenitallyincapacitated andincapable of self-support, physically ormentally

Legitimate spouse

dependent on employeefor support

Legitimate parents whollydependent on employeefor support


legally adopted orillegitimate child who is:

unmarried


is not over age of

majority UNLESShe is incapable ofself-support due tophysical or mentaldefect acquiredprior to age ofmajority

Legitimate spouse

dependent for support

on member Parents dependent on

member for support


legally adopted,acknowledged natural or

illegitimate child who is: unmarried


is not over 21 ytears of

age majorityUNLESSphysically ormentallyincapacitated orincapable of self-support

Legitimate spouse

dependent for supporton member

Parents wholly dependent

on member for support

Benefits Medical Benefits

Rehabilitation services

Temporary Total Disability

Permanent Total Disability

Permanent Partial

Disability

Death Benefit

Funeral Benefit

Sickness benefit


Permanent Partial

Disability

Death benefit

Funeral benefit

Retirement benefits

Maternity leave

Sickness benefit


Permanent Partial

Disability

Death benefits

Funeral benefit

Retirement benefits

Maternity leave

Temporary Total Disability


Permanent Partial

Disability

Survivorship benefit

Funeral benefit

Retirement benefits

Life Insurance Compulsory

Optional

Sickness income benefit


Permanent Partial Disability

Survivorship benefits

Funeral benefit

Old-age pension

Life insurance

Compulsory2. Optional

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Separation benefit

separation

unemployment or

involuntaryseparation

ECC SSS SSS(Old Law)

GSIS GSIS(Old Law)

Entitlement toretirementbenefits

NONE available Member has reached age of

60 (shall receive lumpsum or pensiondepending on amountof contributions) or

Member has reached age of

65(NOTE, this is in addition torequired number ofcontributions)

Member (a) has reached

age of 60 and (b) is notreceiving monthlycompensation of at leastP300.00

OR

Member has reached age of

65(NOTE, this is in addition torequired number ofcontributions)

Member has:

Rendered at least 15

years in service

Is at least 60 years old;

and

Is not receiving a

monthly pension benefitfrom permanent totaldisability

Member has:

Rendered at least 15

years in service

Is at least 60 years old

Is separated from service

Disabilities

deemedpermanent

total

Temporary total disability

lasting over 120 days

Complete loss of sight in

both eyes

Loss of two limbs at or

above the ankle or wrist

Permanent complete

paralysis of two limbs

Brain injury resulting in

incurable imbecility orinsanity

Other cases determined by

Medical Director ofSSS

Complete loss of sight in

both eyes



Permanent complete





SSS

same Complete loss of sight in

both eyes



Permanent complete





GSIS

Arises when recovery fromdisability is medically remote.

Disability is defined as: any lossor reduction of earning capacitydue to impairment of the normalfunctions of the physical and/ormental faculties which reduces amembers ability to engage inany gainful occupation

System excusedfrom liability

For all contingencies in the ff.cases:

intoxication

willful intent to injure or

kill ones self or

For permanent disability, in theff. cases:

grave misconduct

notorious negligence

willful intent to kill self or

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another

notorious negligence

another

habitual intoxication

ECC SSS SSS (Old Law) GSIS GSIS (Old Law)Disabilitiesdeemedpermanentpartial

Complete and permanent loss ofuse of a digit, limb, ear (or bothears), hearing in one or bothears, or sight in one eye

Complete and permanent loss ofuse of a digit, limb, ear (or bothears), hearing in one or bothears, or sight in one eye

same Complete and permanent loss of use of a digit, limb, ear (or bothears), hearing in one or bothears, or sight in one eye

When loss or reduction ofearning capacity amounts to lessthan 75% or when aggregateloss or reduction of earningcapacity amounts to less than100%, as a result of anirrecoverable anatomical loss.

Funeral Benefit- amount

P10,000 P12,000 P2,000 P12,000 (to be raised to P18,000in year 2002)

P1,000

Who paysremittances?

Employer Employer and employee same Employer and employee same

Notice

requirement

Employee to notify

employer within 5 daysfrom injury or illness(unless it is no longernecessary under theexceptions)

Employer to record the

same in logbook within5 days from notice

Employer to notify SSS or

GSIS within 5 daysfrom recording inlogbook

Employee to notify

employer within 5 daysfrom injury or illness(unless it is no longernecessary under theexceptions)

Employer to notify SSS

within 5 days fromnotice

same as new To be provided by regulation.

Effect oferroneouspayment

SSS absolved unless notified ofother claim prior to payment

Legal and eligible claimant maystill demand benefits, withoutprejudice to right of GSIS to sueimproper claimant

GSIS feed from liability. Personentitled may sue wrongfulrecipient of benefit.

Dispute File claim with SSS or File claim with SSS same as new 1. File claim with GSIS same as new

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settlement GSIS

Appeal to ECC

Appeal to CA

Appeal to SC

Appeal to Social Security

Commission

Appeal to CA

Appeal to SC

2. Appeal to GSIS Board3. Appeal to CA4. Appeal to SC

ECC SSS SSS (Old Law) GSIS GSIS (Old Law)Exclusivenessof benefits

May apply for same benefits

under SSS, if in privatesector.


under GSIS, if inpublic sector (applyingMaao Sugar Central vs.CA case)


in EC, if in privatesector.

May not receive benefits for

same contingencyunder GSIS unlessGSIS offers more (hemay then receivedeficiency)


in EC, if in privatesector (Applying thecase of Maao SugarCentral vs. CA)

May not receive benefits for

same contingencyunder GSIS unlessGSIS offers more (hemay then receivedeficiency)

Whenever other laws

provide similar benefitsfor the samecontingencies, memberwho qualifies hasoption to choose. Ifbenefits chosen are lessthan under GSIS, hemay get difference.

However, with respect to

work-connected illness

and injuries, he mayalso recover in fullunder ECC, applyingthe Maao SugarCentral vs. CA case

Whenever other laws

provide similar benefitsfor the samecontingencies, memberwho qualifies hasoption to choose. Ifbenefits chosen are lessthan under GSIS, hemay get difference.

However, with respect to

work-connected illness

and injuries, he mayalso recover in fullunder ECC, applyingthe Maao Sugar Centralvs. CA case

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social welfare leg chart

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