Labor, Agrarian, and Social Legislation
Labor, Agrarian, and Social Legislation
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Primary Text
LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS
imposed
upon
employers
who
fail
to
include
the
payment of contributions in their annual appropriations
or otherwise fail to remit the accurate/exact amount of
contributions
on
time,
or
delay
the
remittance
of
premium contributions to the GSIS. The heads of offices
and
agencies
shall
be
administratively
liable
for
non-remittance
or
delayed
remittance
of
premium
contributions to the GSIS.
SECTION
6.
Collection
and
Remittance
of
Contributions. - (a) The employer shall report to the GSIS
the names of all its employees, their corresponding
employment status, positions, salaries and such other
pertinent information, including subsequent changes
therein, if any, as may be required by the GSIS; the
employer shall deduct each month from the monthly
salary
or
compensation
of
each
employee
the
contribution payable by him in accordance with the
schedule
prescribed
in
the
rules
and
regulations
implementing this Act.
(b) Each employer shall remit directly to the GSIS the
employee’s and employer’s contributions within the first
ten (10) days of the calendar month following the month
to which the contributions apply. The remittance by the
employer of the contribution to the GSIS shall take
priority over and above the payment of any and all
obligations, except salaries and wages of its employees.
SECTION
7.
Interest
on
Delayed
Remittances.
-
Agencies which delay the remittance of any and all
monies due the GSIS shall be charged interests as may be
prescribed by the Board but not less than two percent
(2%) simple interest per month. Such interest shall be
paid by the employers concerned.
SECTION 8. Government Guarantee. - The government
of the Republic of the Philippines hereby guarantees the
fulfillment of the obligations of the GSIS to its members
as and when they fall due.
D. BENEFITS
SECTION 9. Computation of the Basic Monthly Pension.
- (a) The basic monthly pension is equal to:
1)
thirty-seven
and
one-half
percent
(37.5%)
of
the
revalued average monthly compensation; plus
2) two and one-half percent (2.5%) of said revalued
average monthly compensation for each year of service in
excess of (15) years: Provided, That the basic monthly
pension shall not exceed ninety percent (90%) of the
average monthly compensation.
(b) The basic monthly pension may be adjusted upon the
recommendation of the President and General Manager
of
the GSIS and approved by the President of the
Philippines in accordance with the rules and regulations
prescribed by the GSIS: Provided, however , that the basic
monthly pension shall not be less than One thousand
and three hundred pesos (P1,300.00): Provided, further,
that the basic monthly pension for those who have
rendered at least twenty (20) years of service after the
effectivity of this Act shall not be less than Two thousand
four hundred pesos (P2,400.00) a month.
SECTION
10.
Computation
of
Service.
-
(a)
The
computation of service for the purpose of determining
the amount of benefits payable under this Act shall be
from the date of original appointment/election, including
periods of service at different times under one or more
employers, those performed overseas under the authority
of the Republic of the Philippines, and those that may be
prescribed by the GSIS in coordination with the Civil
Service Commission.
(b) All service credited for retirement, resignation or
separation for which corresponding benefits have been
awarded under this Act or other laws shall be excluded in
the computation of service in case of reinstatement in
the service of an employer and subsequent retirement or
separation which is compensable under this Act.
For the purpose of this section, the term service shall
include full-time service with compensation: Provided,
that part-time and other services with compensation
may be included under such rules and regulations as may
be prescribed by the GSIS.
SEPARATION BENEFITS
SECTION
11.
Separation
Benefits.
-
The
separation
benefits shall consist of: (a) a cash payment equivalent to
one hundred percent (100%) of his average monthly
compensation
for
each
year
of
service
he
paid
contributions, but not less than Twelve thousand pesos
(P12,000) payable upon reaching sixty (60) years of age
upon separation, whichever comes later: Provided, that
the member resigns or separates from the service after
he has rendered at least three (3) years of service but less
than fifteen (15) years; or
(b) a cash payment equivalent to eighteen (18) times his
basic monthly pension at the time of resignation or
separation, plus an old-age pension benefit equal to the
basic monthly pension payable monthly for life upon
reaching the age of sixty (60): Provided, that the member
resigns
or
separates
from
the
service after he has
rendered at least fifteen (15) years of service and is below
sixty (60) years of age at the time of resignation or
separation.
SECTION 12. Unemployment or Involuntary Separation
Benefits.
-
Unemployment
benefits
in the form of
monthly cash payments equivalent to fifty percent (50%)
of the average monthly compensation shall be paid to a
permanent employee who is involuntarily separated from
the service due to the abolition of his office or position
usually resulting from reorganization: Provided, That he
has been paying integrated contributions for at least one
(1) year prior to separation. Unemployment benefits shall
be paid in accordance with the following schedules:
Contributions Made Benefit Duration
1 year but less than 3 years 2 months
3 or more years but less than 6 years 3 months
6 or more years but less than 9 years 4 months
9 or more years but less than 11 years 5 months
11 or more years but less than 15 years 6 months
The first payment shall be equivalent to two (2) monthly
benefits. A seven-day (7) waiting period shall be imposed
on succeeding monthly payments.
All accumulated unemployment benefits paid to the
employee during his entire membership with the GSIS
shall be deducted from voluntary separation benefits.
The GSIS shall prescribe the detailed guidelines in the
operationalization
of
this
section
in
the
rules
and
regulations implementing this Act.
RETIREMENT BENEFITS
SECTION
13.
Retirement
Benefits.
- (a) Retirement
benefits shall be:
(1) the lump sum payment as defined in this Act payable
at the time of retirement plus an old-age pension benefit
equal to the basic monthly pension payable monthly for
life,
starting
upon
expiration
of
the
five-year
(5)
guaranteed period covered by the lump sum; or
(2) cash payment equivalent to eighteen (18) months of
his basic monthly pension plus monthly pension for life
payable immediately with no five-year (5) guarantee.
(b)
Unless
the
service
is
extended
by
appropriate
authorities,
retirement
shall
be
compulsory
for
an
employee of sixty-five (65) years of age with at least
fifteen (15) years of service: Provided, That if he has less
than fifteen (15) years of service, he may be allowed to
continue in the service in accordance with existing civil
service rules and regulations.
SECTION 13-A. Conditions for Entitlement. - A member
who retires from the service shall be entitled to the
retirement
benefits
enumerated in paragraph (a) of
Section 13 hereof: Provided, That:
© Compiled By RGL
68 of 169
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