GSIS strictly implements law on survivorship benefits

Published by rudy Date posted on October 19, 2009

Beginning March next year, the Government Service Insurance System (GSIS) said it will strictly conform to provisions of the law that defines the eligibility for survivorship pension – a benefit extended to qualified dependents of deceased GSIS pensioners or members.

In particular, the GSIS said only qualified “dependent” spouses, children, or both can apply for this benefit, as mandated by Republic Act 8291, also known as the GSIS Act of 1997, starting March next year.

The GSIS referred to Section 20 of RA 8291, which states that only “dependent” spouses and children are qualified to receive survivorship benefits.

The same RA 8291 further said that GSIS must only accept a dependent as, among others, a “…legitimate spouse dependent for support upon the member or pensioner.”

“Therefore, a legitimate spouse who is gainfully employed is not entitled to receive the survivorship benefit because he/she is not dependent on his/her spouse for support,” the GSIS said.

The GSIS also cited a Supreme Court decision, which reiterated this requirement of the law. In the said case, the Court denied a contested application for survivorship pension, saying: “In order to be entitled to the Survivorship Benefits under RA 8291, the beneficiary must be dependent upon the GSIS member or pensioner for support.”

In line with this, the GSIS said it will start suspending the monthly benefits of the spouses of deceased pensioners who are found to be gainfully employed or have other sources of income.

And to stress that it is serious in implementing this policy, the GSIS will start with no less than GSIS personnel who are survivorship pensioners, as their benefits as such will be cancelled. Moreover, these employees will be ordered to reimburse all survivorship pensions improvidently paid to them through salary deductions.

The GSIS said new or existing survivorship pensioners working in the government or private sector, gainfully engaged in a business, or currently receiving other pension are not qualified for the survivorship pension.

The GSIS will send letters to existing survivorship pensioners to inform them about this policy. The letters will also contain affidavits that survivors need to fill up, have them notarized, and then send them back to the GSIS to prove that they are dependent for support upon the pensioner, and thus eligible to continue receiving survivorship benefits.

“The GSIS was created to provide benefits to its members and pensioners. It will not hesitate to provide benefits to qualified dependents of contributors of the funds, as long as they are really entitled to it by law,” the GSIS said.

It added: “The GSIS is here not to be popular. It exists to provide due benefits and it exists to protect the hard-earned contributions of its paying members.” –Daily Tribune

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