SSS pensioner’s minor dependents entitled to benefits

Dear PAO,
My father died a month ago. Three years prior to this, my mother died. I am the eldest among 5 siblings. I am 28 years old. My sister is 27 and my brothers are 21, 17 and 11. Are they entitled to death benefits and lump sum from the SSS?
RY

Dear RY,

The law that can address your query is Republic Act No. 8282, otherwise known as the Social Security Law. Section 8 of the said law defines several terms which are necessary in order to determine whether or not your siblings are entitled to receive death benefits and lump sum on account of the death of your parents whom we assume to be members of the Social Security System (SSS) during their lifetime.

Section 8(e) and (k) of R.A. No. 8282 provides:
“SEC. 8. Terms Defined.—For the purposes of this Act, the following terms shall, unless the context indicates otherwise, have the following meanings:
x x x

(e) Dependents — The dependent shall be the following:

X x x
2) The legitimate, legitimated, or legally adopted, and illegitimate child who is unmarried, not gainfully employed and has not reached twenty-one years (21) of age, or if over twenty-one (21) years of age, he is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally; and
x x x

(k) Beneficiaries — The dependent spouse until he or she remarries, the dependent legitimate, legitimated or legally adopted, and illegitimate children, who shall be the primary beneficiaries of the member: Provided, That the dependent illegitimate children shall be entitled to fifty percent (50%) of the share of the legitimate, legitimated or legally adopted children: Provided, further, That in the absence of the dependent legitimate, legitimated or legally adopted children of the member, his/her dependent illegitimate children shall be entitled to one hundred percent (100%) of the benefits. In their absence, the dependent parents who shall be the secondary beneficiaries of the member. In the absence of all of the foregoing, any other person designated by the member as his/her secondary beneficiary.

X x x.”
In connection with this, Section 13 of the said law defines the entitlement to death benefits, to wit:
“SEC. 13. Death Benefits. — Upon the death of a member who has paid at least thirty-six (36) monthly contributions prior to the semester of death, his primary beneficiaries shall be entitled to the monthly pension: Provided, That if he has no primary beneficiaries, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to thirty-six (36) times the monthly pension. If he has not paid the required thirty-six (36) monthly contributions, his primary or secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher.”

It seems that based from the foregoing provisions of the law, your siblings who are entitled to claim for death benefits are those whose ages are 17 and 11. They are the only ones whom may be considered as the primary beneficiaries of your parents unless your two other siblings even if they are already over 21 years of age are congenitally or while still minors have been permanently incapacitated and incapable of self-support, physically or mentally.

As provided for under Section 13, your two minor siblings may claim for death benefits in the form of monthly pension provided that your parents were able to pay at least thirty-six (36) monthly contributions prior to the semester of their death. Otherwise, they will be entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher.

We hope that we were able to enlighten you on the matter. Please take note however, that all the information contained herein are based on our appreciation of the facts you provided us with. A different legal opinion may be given if other facts not included in your query will be discussed.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net. –PERSIDA ACOSTA, Manila Times