Deceased SSS member’s family gets death and funeral benefits

Dear PAO,
What benefits may the family of a deceased SSS member get?
Espy

Dear Espy,
The Social Security System (SSS) was enacted primarily with the end of promoting social justice and providing protection to its members and their beneficiaries against the hazards of disability, sickness, maternity, old age, death and other contingencies resulting in loss of income or financial burden (Section 2, Republic Act [RA] 8282). To ensure that these purposes are served, the law requires compulsory membership or coverage upon all employees not over the age of 60, as well as upon self-employed persons as may be determined by the Social Security Commission (Sec. 9 and 9-A, RA 8282).

When a member of SSS dies, his beneficiaries will be given death benefits in accordance with Sec. 13 of RA 8282, to wit:

“SECTION 13. Death Benefits. — Upon the death of a member who has paid at least 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 36 times the monthly pension. If he has not paid the required 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 12 times the monthly pension, whichever is higher.”

The beneficiaries referred to in the preceding paragraph are the dependent spouse until he or she remarries, the dependent legitimate, legitimated, or legally adopted and illegitimate children of the deceased member, who shall be the primary beneficiaries of the member: Provided, That the dependent illegitimate children shall be entitled to 50 percent 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 100 percent of the benefits. In the absence of the primary beneficiaries, the dependent parents shall be the secondary beneficiaries of the member. In the absence of the foregoing, any other person designated by the member as his/her secondary beneficiary shall receive the benefits due (Sec. 8[k], RA 8282). If no one qualifies as beneficiary, the death benefits shall be paid to the deceased member’s legal heirs in accordance with the law on succession (Sec. 15, ibid.).

In addition to the death benefits, funeral benefit shall also be given to help defray the cost of funeral expenses upon the death of a member, including, permanently totally disabled member or retiree (Sec. 13-B, RA 8282). This funeral grant in the amount of P20,000 shall be given to whoever pays the burial expenses of the deceased member, or pensioner ( https://www.sss.gov.ph/sss/).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. –PERSIDA ACOSTA, Manila Times

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