GSIS revises RA 8291 IRR, revisits disability benefits

Manila (26 July) — The Government Service Insurance System (GSIS) has revisited the Implementing Rules and Regulations (IRR) of Republic Act 8291, the law governing the pension fund, with a particular focus on disability benefits.

The revised IRR clarifies the ambiguous provisions of the law and consolidates the policies implemented by the GSIS. It has undergone various deliberations among GSIS executives and former GSIS President and General Manager Winston F. Garcia.

Under the revised IRR, members will be entitled to disability benefits, whether for Permanent Total Disability (PTD), Permanent Partial Disability (PPD), or Temporary Total Disability (TTD), provided however that the following conditions will be met: he/she is gainfully employed prior to the commencement of disability resulting in loss of income; he/she is not a registered member of any social insurance institution; and he/she is not receiving any other pension either from GSIS or another local or foreign institution or organization.

Disability is defined as any loss or impairment of the normal functions of the physical and/or mental faculties of a member, which reduces or eliminates his capacity to continue with his current gainful occupation or engage in another gainful occupation resulting in the loss of income.

PTD is the disability due to injury or disease causing complete, irreversible and permanent incapacity that will permanently disable a member to work or to engage in any gainful occupation resulting to loss of income.

PPD, on the other hand, arises due to the complete and permanent loss of the use of any of certain faculties, resulting to the disability to work for a limited period of time.

TTD accrues or arises when the impaired physical or mental faculties can be rehabilitated and/or restored to their normal functions, but such disability shall result in temporary capacity to work or engage in any gainful occupation.

The corresponding disability benefits for each kind of disability shall be granted to a member based on the duration of incapacity to work and actual loss of income.

The revised IRR defines actual loss of income as the number of days when a member went on leave of absence without pay (LWOP) reckoned immediately from the date of commencement of disability and for the duration of entitlement, based on medical evaluation. Any LWOP incurred after the duration of entitlement to the benefit shall not be compensable.

If a member has two or more different contingencies during the same period of benefit entitlement, he shall be compensated only once for the overlapping periods.

Also, all injuries, disabilities, illnesses and all other infirmities compensable under Presidential Decree 626 (Employees Compensation and State Insurance Fund) shall not be compensable under Republic Act 8291.

The IRR, as revisited and made clearer for better understanding of the GSIS membership, will also serve as instrument of the GSIS for a strong financial condition and stable actuarial life.

The GSIS significantly increased the amount of its claims and benefits paid in 2009 at P39.68 billion from P22.88 billion in 2001. (GSIS/PIA SarGen)