Section 17Sec./Art. 17

Death of a Member.

(a) Upon the death of a member, the primary beneficiaries shall be entitled to:

(1) the basic monthly pension which is guaranteed for five years; Provided, That, at the option of the beneficiaries, it may be paid in lump sum as defined in this Act: Provided, further, That, the member is entitled to old-age pension at the time of his death; or

(2) the basic survivorship pension which is guaranteed for thirty months and the dependent's pension: Provided, That, the deceased had paid at least thirty-six monthly contributions within the five-year period immediately preceding his death, or total of at least one hundred eight monthly contribution prior to his death.

(b) At the end of the guaranteed periods mentioned in the preceding sub-section (a), the survivorship pension shall be paid as follows:

(1) when the dependent spouse is the only survivor, he shall receive basic survivorship pension for life or until he remarries;

(2) when only dependent children are the survivors, they shall be entitled to the survivorship pension for as long as they are qualified;

(3) when the survivors are the dependent spouse and the dependent children, they shall be entitled to the survivorship pension so long as there are dependent children and, thereafter, the surviving spouse shall receive the basic survivorship pension for life or until he remarries.

(c) In the absence of primary beneficiaries, the secondary beneficiaries designated by the deceased and recorded in the System, shall be entitled to:

(1) a cash payment equivalent to thirty times the basic survivorship pension when the member is qualified for old-age pension; or

(2) a cash payment equivalent to fifty percent of the average monthly compensation for each year he paid contributions, but not less than five hundred pesos; Provided, That, the member paid at least thirty-six monthly contributions within the five-year period immediately preceding his death or paid a total of at least one hundred eighty monthly contributions prior to his death.

(d) When the primary beneficiaries are not entitled to the benefits mentioned in paragraph (a) of this section, they shall receive a cash payment equivalent to one hundred percent of the average monthly compensation for each year the member paid contributions, but not less than five hundred pesos. In the absence of primary beneficiaries, the amount shall revert to the funds of the System.