Labor, Agrarian, and Social Legislation
Labor, Agrarian, and Social Legislation
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LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS
(1) he has rendered at least fifteen years of service;
(2) he is at least sixty (60) years of age at the time of
retirement; and
(3) he is not receiving a monthly pension benefit from
permanent total disability.
SECTION
14.
Periodic
Pension
Adjustment.
-
The
monthly pension of all pensioners including all those
receiving
survivorship
pension
benefits
shall
be
periodically adjusted as may be recommended by the
GSIS actuary and approved by the Board in accordance
with the rules and regulations prescribed by the GSIS.
PERMANENT DISABILITY BENEFITS
SECTION 15. General Conditions for Entitlement. - A
member who suffers permanent disability for reasons not
due
to
his
grave
misconduct, notorious negligence,
habitual intoxication, or willful intention to kill himself or
another, shall be entitled to the benefits provided for
under Sections 16 and 17 immediately following, subject
to the corresponding conditions thereof.
SECTION 16. Permanent Total Disability Benefits. - (a) If
the
permanent disability is total, he shall receive a
monthly
income
benefit
for life equal to the basic
monthly pension effective from the date of disability:
Provided, That:
(1) he is in the service at the time of disability; or
(2) if separated from the service, he has paid at least
thirty-six (36) monthly contributions within the five (5)
year period immediately preceding disability, or has paid
a total of at least one hundred eighty (180) monthly
contributions, prior to his disability: Provided, further, That
if at the time of disability, he was in the service and has
paid a total of at least one hundred eighty (180) monthly
contributions, in addition to the monthly income benefit,
he shall receive a cash payment equivalent to eighteen
(18) times his basic monthly pension: Provided, finally,
That a member cannot enjoy the monthly income benefit
for permanent disability and the old-age retirement
simultaneously.
(b) If a member who suffers permanent total disability
does not satisfy conditions (1) and (2) in paragraph (a) of
this section but has rendered at least three (3) years of
service at the time of his disability, he shall be advanced
the 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 (P12,000.00) which should have
been his separation benefit.
(c)
Unless
the
member
has
reached the minimum
retirement age, disability benefit shall be suspended
when:
(1) he is reemployed; or
(2) he recovers from his disability as determined by the
GSIS, whose decision shall be final and binding; or
(3) he fails to present himself for medical examination
when required by the GSIS.
(d) The following disabilities shall be deemed total and
permanent:
(1) complete loss of sight of both eyes;
(2) loss of two (2) limbs at or above the ankle or wrist;
(3) permanent complete paralysis of two (2) limbs;
(4)
brain
injury
resulting
in
incurable
imbecility
or
insanity; and
(5) such other cases as may be determined by the GSIS.
SECTION 17. Permanent Partial Disability Benefits. - (a)
If the disability is partial, he shall receive a cash payment
in
accordance
with a schedule of disabilities to be
prescribed by the GSIS: Provided, That he satisfies either
conditions (1) or (2) of Section 16 (a);
(b) The following disabilities shall be deemed permanent
partial:
(1) complete and permanent loss of the use of:
(i) any finger
(ii) any toe
(iii) one arm
(iv) one hand
(v) one foot
(vi) one leg
(vii) one or both ears
(viii) hearing of one or both ears
(ix) sight of both eyes
(2) such other cases as may be determined by the GSIS.
TEMPORARY DISABILITY BENEFITS
SECTION 18. Temporary Total Disability Benefits. - (a) A
member who suffers temporary total disability for reasons
not due to any of the conditions enumerated in Section 15
hereof shall be entitled to seventy-five percent (75%) of
his current daily compensation for each day or fraction
thereof of temporary disability benefit not exceeding one
hundred twenty (120) days in one calendar year after
exhausting
all
his
sick
leave
credits
and
collective
bargaining agreement sick leave benefits, if any, but not
earlier
than
the
fourth
day
of
his
temporary
total
disability: Provided, That:
(1) he is in the service at the time of his disability; or
(2) if separated, he has rendered at least three (3) years of
service and has paid at least six (6) monthly contributions
in the twelve-month period immediately preceding his
disability.
Provided, however, That a member cannot enjoy the
temporary total disability benefit and sick leave pay
simultaneously: Provided, further, That if the disability
requires more extensive treatment that lasts beyond one
hundred twenty (120) days, the payment of the temporary
total disability benefit may be extended by the GSIS but
not to exceed a total of two hundred forty (240) days.
(b) The temporary total disability benefit shall in no case
be less than Seventy pesos (P70.00) a day.
(c) The notices required of the member and the employer,
the mode of payment, and the other requirements for
entitlement to temporary total disability benefits shall be
provided in the rules and regulations to be prescribed by
the GSIS.
SECTION 19. Non-scheduled Disability. - For injuries or
illnesses resulting in a disability not listed in the schedule
of partial/total disability provided herein, the GSIS shall
determined
the
nature
of
the
disability
and
the
corresponding benefits therefor.
SURVIVORSHIP BENEFITS
SECTION 20. Survivorship Benefits. - When a member
or pensioner dies, the beneficiaries shall be entitled to
survivorship benefits provided in Sections 21 and 22
hereunder subject to the conditions therein provided for.
The survivorship pension shall consist of:
(1) the basic survivorship pension which is fifty percent
(50%) of the basic monthly pension; and
(2) the dependent children’s pension not exceeding fifty
percent (50%) of the basic monthly pension
SECTION 21. Death of a Member. - (a) Upon the death of a
member, the primary beneficiaries shall be entitled to:
(1) survivorship pension: Provided, That the deceased:
(i) was in the service at the time of his death; or
(ii) if separated from the service, has at least three (3)
years of service at the time of his death and has paid
thirty-six (36) monthly contributions within the five-year
period immediately preceding his death; or has paid a
total
of
at
least one hundred eighty (180) monthly
contributions prior to his death; or
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