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SSC SSS Briefer

The document discusses the composition, powers, jurisdiction, and mandate of the Social Security Commission (SSC) and the Social Security System (SSS). Key points include: 1) The SSC is composed of 7 commissioners from labor, management, and the general public, as well as the DOLE Secretary, with powers including quasi-judicial, quasi-legislative, and administrative functions. 2) The SSS has a universal mandate to provide meaningful and timely social security protection for members and beneficiaries in contingencies like maternity, sickness, disability, retirement, death, and calamities. 3) Coverage is compulsory for employees and employers in both public and private sectors, as well

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128 views

SSC SSS Briefer

The document discusses the composition, powers, jurisdiction, and mandate of the Social Security Commission (SSC) and the Social Security System (SSS). Key points include: 1) The SSC is composed of 7 commissioners from labor, management, and the general public, as well as the DOLE Secretary, with powers including quasi-judicial, quasi-legislative, and administrative functions. 2) The SSS has a universal mandate to provide meaningful and timely social security protection for members and beneficiaries in contingencies like maternity, sickness, disability, retirement, death, and calamities. 3) Coverage is compulsory for employees and employers in both public and private sectors, as well

Uploaded by

erikha_araneta
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© © All Rights Reserved
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A Briefer, AY 2015

Atty. Kristine Dacuyan-Eugenio

SOCIAL SECURITY COMMISSION


& SOCIAL SECURITY SYSTEM
PREVIEW
 No unified pension system in the Philippines
 Composition RA 8282, RA 10149
 Powers and Jurisdiction
 SSC relationship with SSS
 SSS Mandate: Universal coverage
- Special arrangements
Rationale: Meaningful & timely protection in
contingencies
 Coverage: Employer
Employee
COMPOSITION,TERMS
 Seven Commissioners (RA 8282) coterminous
-Labor; Management; General Public
-PCEO technically a Board Member
-DOLE Secretary as ex officio member
- At least one woman
-Chairperson is distinct from PCEO
 Seven Commissioners;One year term RA 10149

 PCEO may be removed by Commission

* Governance Commission for GOCCs regulation


POWERS OF THE SSC
 Quasi-judicial: Cases for collection, benefits, etc
 Quasi-legislative, Policy-making

 Administrative

 Compliance/ Good governance

 RULE 43 Revised Rules of Court


 Nominal Party in appellate cases?

 ? Condonation
JURISDICTION
Appellate Courts
Court of Appeals
Supreme Court

Social Security
Commission

SSS Branches
MANDATE

 Universal Coverage
 Provide meaningful and timely protection to

MEMBERS & BENEFICIARIES in contingencies:


- -Maternity –Sickness –Disability

- -Retirement – Death (& Funeral) -Calamity

- Loans are privileges

- Not an Insurance Contract; Not by virtue of


succession alone; Public policy & Law
important considerations
COVERAGE
All kinds of employment: more or less permanent
in nature [Context significant: farming]
 EMPLOYERS

-first date of operation or hiring of first employee


 EMPLOYEE

-first day of work


Regardless of failure or refusal of ER, the EE’s
entitlement and amount thereof shall not be
prejudiced
TYPES OF EMPLOYEE COVERAGE

I. COMPULSORY/EMPLOYED
II. SELF-EMPLOYED
III. VOLUNTARY

General Rule: You can shift I to II or I to III. You


can shift II to III and II to I. You can go straight
to II at first instance but not to III.
? Overlap w/ GSIS Coverage
? Two employers which remit SS contributions
COMPULSORY COVERAGE
 Coverage shall be compulsoy upon all
employees not over 60 years of age & their
employers
 Determines who is entitled to protection & who
shall contribute
 Date of effectivity important because delay will
result in penalties; Accurate reporting for
coverage and remittance contribution prevents
Damages;
 Forms to be used and submission guidelines
EMPLOYEES INCLUDE
 Insurance Agents, Underwriters
 Jeepney writers (of jeepney operators)

 Agricultural workers

 Household helpers, driver, cook, gardener,


nursemaid (even prior to Kasambahay Law)
 EMPLOYERS include all who use the services of
another person in business, trade, industry or
undertaking;
 Foreign Principal & Manning Age cy

 Household Employers
SELF-EMPLOYED & VOLUNTARY
 SELF-EMPLOYED with income x < = P1,000
 Self-employed professionals
 Partners, Single Proprietors
 Actors, Directors, Scriptwriters
 Professional Athletes, Coaches, Referees GAB
 Real Estate Brokers, Actuaries
 Individual Farmers-cultivation & tillage, dairying
& harvest of agri & holticultural products
 Fisherfolk- fishing, catching, raising or
gathering marine & other aquatic products
VOLUNTARY

 Non Working Spouses- full time management


of household; 50% of monthly salary of spouse
 Overseas Filipino Workers or those whose
source of income in foreign
 Under Special Arrangement (EE of Foreign
Government w/ administrative agreement)
 Filipino seafarers in foreign vessels (Sta Rita)

 Informal Sectors
SOME DISCUSSION POINTS

 Julieta Pinote Case


 Veterans Hospital VMMC Golf Course

 Condonation

 Social Security Protection

 Reckoning date: upon registration & payment


of 1st contribution in case of initial coverage
 Flexi Fund Program of OFW

 Pension, Fund Perpetuity, Inter Generational

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