Article 61Labor and Agrarian Laws and Social Legislation, p. 61

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

confinement is in a hospital or the employee became sick

or was injured while working or within the premises of

the employer in which case, notification to the employer

is necessary: Provided , That if the member is unemployed

or self-employed, he shall directly notify the SSS of his

confinement within five (5) calendar days after the start

thereof unless such confinement is in a hospital in which

case notification is also not necessary: Provided , further ,

That

in

cases

where

notification

is

necessary,

the

confinement shall be deemed to have started not earlier

than the fifth day immediately preceding the date of

notification.

(b) The compensable confinement shall begin on the first

day of sickness, and the payment of such allowances shall

be promptly made by the employer every regular payday

or on the fifteenth and last day of each month, and

similarly in the case of direct payment by the SSS, for as

long as such allowances are due and payable: Provided ,

That such allowance shall begin only after all sick leaves of

absence with full pay to the credit of the employee

member shall have been exhausted.

(c) One hundred percent (100%) of the daily benefits

Provided in the preceding paragraph shall be reimbursed

by the SSS to said employer upon receipt of satisfactory

proof of such payment and legality thereof: Provided ,

That

the

employer

has

notified

the

SSS

of

the

confinement within five (5) calendar days after receipt of

the notification from the employee member: Provided ,

further , That if the notification to the SSS is made by the

employer beyond five (5) calendar days after receipt of

the

notification

from

the

employee

member,

said

employer

shall be reimbursed only for each day of

confinement

starting

from

the

tenth

calendar

day

immediately preceding the date of notification to the

SSS: Provided , finally , That the SSS shall reimburse the

employer

or pay the unemployed member only for

confinement within the one-year period immediately

preceding

the

date

the

claim

for

benefit

or

reimbursement

is

received

by

the

SSS,

except

confinement in a hospital in which case the claim for

benefit or reimbursement must be filed within one (1)

year from the last day of confinement.

(d) Where the employee member has given the required

notification but the employer fails to notify the SSS of the

confinement or to file the claim for reimbursement

within the period prescribed in this section resulting in

the reduction of the benefit or denial of the claim, such

employer

shall

have

no

right

to

recover

the

corresponding

daily

allowance

he

advanced

to

the

employee member as required in this section.

(e)The claim of reimbursement shall be adjudicated by

the SSS within a period of two (2) months from receipt

thereof: Provided , That should no payment be received by

the employer within one (1) month after the period

prescribed herein for adjudication, the reimbursement

shall thereafter earn simple interest of one percent (1%)

per month until paid.

(f) The provisions regarding the notification required of

the member and the employer as well as the period

within which the claim for benefit or reimbursement may

be filed shall apply to all claims filed with the SSS.

SECTION 14-A. Maternity Leave Benefit . - A female

member

who

has

paid

at

least

three

(3)

monthly

contributions in the twelve-month period immediately

preceding the semester of her childbirth or miscarriage

shall be paid a daily maternity benefit equivalent to one

hundred percent (100%) of her average daily salary credit

for sixty (60) days or seventy-eight (78) days in case of

caesarian delivery, subject to the following conditions:

(a) That the employee shall have notified her employer of

her pregnancy and the probable date of her childbirth,

which

notice

shall

be

transmitted

to

the

SSS

in

accordance with the rules and regulations it may provide;

(b) The full payment shall be advanced by the employer

within thirty (30) days from the filing of the maternity

leave application;

(c) That payment of daily maternity benefits shall be a bar

to the recovery of sickness benefits Provided by this Act

for the same period for which daily maternity benefits

have been received;

(d) That the maternity benefits Provided under this

section shall be paid only for the first four (4) deliveries or

miscarriages;

(e)

That

the

SSS

shall

immediately

reimburse

the

employer of one hundred percent (100%) of the amount

of maternity benefits advanced to the employee by the

employer upon receipt of satisfactory proof of such

payment and legality thereof; and

(f) That if an employee member should give birth or suffer

miscarriage without the required contributions having

been remitted for her by her employer to the SSS, or

without the latter having been previously notified by the

employer of the time of the pregnancy, the employer

shall pay to the SSS damages equivalent to the benefits

which said employee member would otherwise have

been entitled to.

SECTION 15. Non-Transferability of Benefits . - The SSS

shall promptly pay the benefits Provided in this Act to

such persons as may be entitled thereto in accordance

with the provisions of this Act: Provided , That the SSS

shall

pay

the

retirement

benefits

on

the

day

of

contingency to qualified members who have submitted

the necessary documents at least six (6) months before:

Provided , further , That the beneficiary who is a national of

a foreign country which does not extend benefits to a

Filipino beneficiary residing in the Philippines, or which is

not recognized by the Philippines, shall not be entitled to

receive any benefit under this Act: Provided , further , That

notwithstanding the foregoing, where the best interest of

the SSS will be served, the Commission may direct

payments without regard to nationality or country of

residence: Provided , further , That if the recipient is a

minor or a person incapable of administering his own

affairs, the Commission shall appoint a representative

under such terms and conditions as it may deem proper:

Provided , further , That such appointment shall not be

necessary in case the recipient is under the custody of or

living with the parents or spouse of the member in which

case the benefits shall be paid to such parents or spouse,

as representative payee of the recipient. Such benefits are

not transferable and no power of attorney or other

document executed by those entitled thereto in favor of

any agent, attorney or any other person for the collection

thereof on their behalf shall be recognized, except when

they are physically unable to collect personally such

benefits: Provided , further , That in case of death benefits,

if no beneficiary qualifies under this Act, said benefits

shall be paid to the legal heirs in accordance with the law

of succession.

SECTION 16. Exemption from Tax, Legal Process and

Lien . - All laws to the contrary notwithstanding, the SSS

and

all

its

assets

and

properties,

all

contributions

collected

and

all

accruals

thereto

and

income

or

investment earnings therefrom as well as all supplies,

equipment, papers or documents shall be exempt from

any tax, assessment, fee, charge, or customs or import

duty; and all benefit payments made by the SSS shall

likewise be exempt from all kinds of taxes, fees or

charges,

and

shall

not

liable

to

attachments,

garnishments, levy or seizure by or under any legal or

equitable

process

whatsoever,

either before or after

receipt by the person or persons entitled thereto, except

to pay any debt of the member to the SSS. No tax

measure of whatever nature enacted shall apply to the

SSS, unless it expressly revokes the declared policy of the

State in Section 2 hereof granting tax-exemption to the

SSS. Any tax assessment imposed against the SSS shall

be null and void. (As amended by Sec. 9, P.D. No. 24, S.

1972 ; and Sec. 14, P. D. No. 735 , S. 1975).

SECTION 17. Fee of Agents, Attorneys, Etc . - No agent,

attorney or other person in charge of the preparation,

filing or pursuing any claim for benefit under this Act

shall demand or charge for his services any fee, and any

© Compiled By RGL

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