Section 13June 18, 1954, Sec./Art. 13

Permanent disability benefits. (a) Upon the covered employee's permanent total disability, if such disability occurs after he had paid at least thirty-six monthly contributions prior to the semester of disability, he shall be entitled to the monthly pension and his dependents to the dependents' Pension: Provided, That if the disability occurs before he has paid thirty-six monthly contributions prior to the semester of disability, he shall be entitled to a lump sum benefit equivalent to thirty-five times the monthly pension: Provided, further, That the minimum disability benefit shall not be less than the total contributions paid by him and his employer on his behalf nor less than one thousand pesos: Provided, further, That a covered employee who becomes permanently totally disabled without having paid at least three monthly contributions shall be entitled to the minimum benefit: Provided, finally, That a member who (1) received a lump sum benefit and (2) is re-employed not earlier than one year from date of his disability shall again be subject to compulsory coverage and considered a new member.

(As amended by Sec. 6, P.D. No. 1202, S-1977)

(b) The monthly pension shall be reduced upon his re-employment by an amount equivalent to one-half of his earnings over three hundred pesos. The monthly pension and dependents' pension shall be suspended upon his recovery from the permanent total disability, or his failure to present himself for examination at least once a year upon notice by the SSS. (As amended by Sec. 6, P.D. No. 1202, S-1977 and Sec. 9, P.D. No. 1636, S-1979)

(c) Upon the death of the permanent total disability pensioner, his primary beneficiaries as of the date of disability shall be entitled to eighty per cent of the monthly pension and his dependents to the dependents' pension: Provided, That if he has no primary beneficiaries and he dies within sixty months from the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the bigger of (1) twenty times the monthly pension or (2) the difference of sixty times the monthly pension and the total monthly pensions paid by the SSS excluding the dependents' pension. (As amended by Sec. 9, P.D. No. 1636, S-1979 and Sec. 6, E.O. No. 102, S-1986)

(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.

(As amended by Sec. 9, P.D. No. 1636, S-1979)

(e) If the disability is permanent partial, and such disability occurs before thirty-six 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. (As amended by Sec. 9, P.D. No. 1636, S-1979)

(f) If the disability is permanent partial and such disability occurs after thirty-six 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

20

Sight of one eye

25

(As amended by Sec. 10, P.D. No. 735, S-1975 and Sec. 9, P.D. No. 1636, S-1979)

(g) The percentage degree of disability, which is equivalent to the ratio that the designated number of months of compensability bears to seventy-five, 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 per cent, in which case the employee shall be deemed as permanently totally disabled. (As amended by Sec. 9, P.D. No. 1636, S-1979)