Labor, Agrarian, and Social Legislation
Labor, Agrarian, and Social Legislation
Answer First
Primary Text
LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS
monthly
contributions,
his
primary
or
secondary
beneficiaries shall be entitled to a lump sum benefit
equivalent to the monthly pension times the number of
monthly contributions paid to the SSS or twelve (12) times
the monthly pension, whichever is higher.
SECTION 13-A. Permanent Disability Benefits . - (a)
Upon the permanent total disability of a member who
has paid at least thirty-six (36) monthly contributions prior
to the semester of disability, he shall be entitled to the
monthly pension: Provided , That if he has not paid the
required thirty-six (36) monthly contributions, he shall be
entitled to a lump sum benefit equivalent to the monthly
pension times the number of monthly contributions paid
to the SSS or twelve (12) times the monthly pension,
whichever is higher. A member who (1) has received a
lump sum benefit; and (2) is reemployed or has resumed
self-employment not earlier than one (1) year from the
date of his disability shall again be subject to compulsory
coverage and shall be considered a new member.
(b) The monthly pension and dependents' pension shall
be suspended upon the reemployment or resumption of
self-employment or the recovery of the disabled member
from his permanent total disability or his failure to
present himself for examination at least once a year upon
notice by the SSS.
(c) Upon the death of the permanent total disability
pensioner, his primary beneficiaries as of the date of
disability shall be entitled to receive the monthly pension:
Provided , That if he has no primary beneficiaries and he
dies within sixty (60) months from the start of his
monthly pension, his secondary beneficiaries shall be
entitled to a lump sum benefit equivalent to the total
monthly pensions corresponding to the balance of the
five-year guaranteed period excluding the dependents'
pension.
(d) The following disabilities shall be deemed permanent
total:
1. Complete loss of sight of both eyes;
2. Loss of two limbs at or above the ankle or wrists;
3. Permanent complete paralysis of two limbs;
4. Brain injury resulting to incurable imbecility or insanity;
and
5. Such cases as determined and approved by the SSS.
(e)
If
the
disability
is
permanent
partial,
and such
disability
occurs
before
thirty-six
(36)
monthly
contributions have been paid prior to the semester of
disability, the benefit shall be such percentage of the
lump sum benefit described in the preceding paragraph
with
due
regard to the degree of disability as the
Commission may determine.
(f) If the disability is permanent total and such disability
occurs after thirty-six (36) monthly contributions have
been paid prior to the semester of disability, the benefit
shall
be
the
monthly
pension
for
permanent
total
disability payable not longer than the period designated
in the following schedule:
Complete and permanent
loss of use of
Number of
Months
One thumb
10
One index finger
8
One middle finger
6
One right finger
5
One little finger
3
One big toe
6
One hand
39
One arm
50
One foot
31
One leg
46
One ear
10
Both ears
20
Hearing of one ear
10
Hearing of both ears
50
Sight of one eye
25
(g)
The
percentage
degree
of
disability
which
is
equivalent to the ratio that the designated number of
months of compensability bears to seventy-five (75),
rounded to the next higher integer, shall not be additive
for distinct, separate and unrelated permanent partial
disabilities, but shall be additive for deteriorating and
related permanent partial disabilities to a maximum of
one hundred percent (100%), in which case, the member
shall be deemed as permanently totally disabled.
(h) In case of permanent partial disability, the monthly
pension benefit shall be given in lump sum if it is payable
for less than twelve (12) months.
(i) For the purpose of adjudicating retirement, death and
permanent total disability pension benefits, contributions
shall be deemed paid for the months during which the
member received partial disability pension: Provided ,
That
such
contributions
shall
be
based on his last
contribution prior to his disability.
(j) Should a member who is on partial disability pension
retire or die, his disability pension shall cease upon his
retirement or death.
SECTION
13-B.
Funeral
Benefit .
-
A
funeral
grant
equivalent to Twelve thousand pesos (P12,000.00) shall be
paid, in cash or in kind, to help defray the cost of funeral
expenses
upon
the
death
of
a
member,
including
permanently totally disabled member or retiree.
SECTION 14. Sickness Benefit . - (a) A member who has
paid at least three (3) monthly contributions in the
twelve-month
period
immediately
preceding
the
semester of sickness or injury and is confined therefor for
more than three (3) days in a hospital or elsewhere with
the
approval
of
the
SSS,
shall,
for
each
day
of
compensable confinement or a fraction thereof, be paid
by his employer, or the SSS, if such person is unemployed
or self-employed, a daily sickness benefit equivalent to
ninety percent (90%) of his average daily salary credit,
subject to the following conditions:
(1) In no case shall the daily sickness benefit be paid
longer than one hundred twenty (120) days in one (1)
calendar year, nor shall any unused portion of the one
hundred twenty (120) days of sickness benefit granted
under this section be carried forward and added to the
total number of compensable days allowable in the
subsequent year;
(2) The daily sickness benefit shall not be paid for more
than two hundred forty (240) days on account of the
same confinement; and
(3) The employee member shall notify his employer of the
fact of his sickness or injury within five (5) calendar days
after
the
start
of
his
confinement
unless
such
© Compiled By RGL
60 of 169
Use With Care
Definitions and exceptions often appear before or after this text.
Court decisions may interpret, limit, or apply this provision.
Confirm amendment, repeal, effectivity, and official publication.
Plain Language