powers and duties of the social security commission (ssc). bicolano himself, encouraged his...

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The Social Security System (SSS) released about P7.0 billion worth of pension to around 2.2 million pensioners starting on the first week of March, after President Rodrigo Duterte signed and confirmed the P1,000 additional benefit last January 10, 2017. Dean Valdez (left) responds to a query from a member of Rotary Club Makati West about SSS actions against delinquent employers. After narrating recent court wins by the pension fund, Dean Valdez noted that, ““I hope this will also raise awareness among employers that they have an important responsibility to fulfill with SSS.” “You can run, but you cannot hide,” Chairman Dean Amado Valdez of the Social Security Commission (SSC) said before the Rotary Club of Makati West as he released the list of the first batch of delinquent employers with convictions based on decisions of various Regional Trial Courts. SSS President and Chief Executive Officer (PCEO) Emmanuel Dooc assured pensioners that they will receive the P1,000 benefit increase, retroactive to January 2017, starting on March 3. “The P1,000 benefit increase will be paid out in three distinct payments at three different dates to cover the months of January, February and March,” PCEO Dooc said. The additional P1,000 pension increase for the months of January, February and March will be received by the pensioners on March 3, 10 and 17, respectively. “Starting on April 2017, the benefit increase will be incorporated already in the regular pension,” PCEO Dooc added. In a memorandum from the Office of the President, signed by Executive Secretary Salvador Medialdea, the national govern- ment approved the proposed increase in the benefits of qualified pensioners and beneficiaries of SSS. “Upon representations made by SSS, and subject to existing laws, rules, and regulations, please be informed that the P1,000 increase in benefits of qualified SSS retirees, survivors, and permanently disabled pensioners effective January 2017, has been approved,” the Order read. All retirees, survivors and permanent disability pensioners will receive the P1,000 additional benefit.The additional benefit also covers all future pensioners of the SSS. The SSS has allotted about P6.9 billion for the release of the additional P1,000 benefit for the first quarter alone. Total projected additional benefit expenditures for the first year of implementation of the pension hike is seen at P32 billion. The number of pensioners is expected to increase by about 150,000 new retirees every year. “The courts have already issued final and executory decisions on these companies for violation of the SS Law. Some have already made partial payments but discontinued payment of the remaining balance, while others are still at large and have not paid their obligations,” said Dean Valdez, who was guest speaker at the Club’s meeting on February 9, 2017 at Tower Club, Makati City. Pensioner Erlano M. Wenceslao withdrawing his additional P1000 benefit increase on the morning of March 3 at a bank branch at the SSS head office at East Avenue, Quezon City. Mr. Wenceslao, 74, has been a pensioner since September 2004. (Continued to page 4) SSS

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Page 1: powers and duties of the Social Security Commission (SSC). Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis

The Social Security System (SSS) released about P7.0 billion worth of pension to around 2.2 million pensioners starting on the first week of March, after President Rodrigo Duterte signed and confirmed the P1,000 additional benefit last January 10, 2017.

Dean Valdez (left) responds to a query from a member of Rotary Club Makati West about SSS actions against delinquent employers. After narrating recent court wins by the pension fund, Dean Valdez noted that, ““I hope this will also raise awareness among employers that they have an important responsibility to fulfill with SSS.”

“You can run, but you cannot hide,” Chairman Dean Amado Valdez of the Social Security Commission (SSC) said before the Rotary Club of Makati West as he released the list of the first batch of delinquent employers with convictions based on decisions of various Regional Trial Courts.

SSS President and Chief ExecutiveOfficer (PCEO) Emmanuel Dooc assuredpensioners that they will receive the P1,000 benefit increase, retroactive to January 2017, starting on March 3.

“The P1,000 benefit increase will be paid out in three distinct payments at three different dates to cover the months of January, February and March,” PCEO Dooc said.

The additional P1,000 pension increasefor the months of January, February and March will be received by the pensionerson March 3, 10 and 17, respectively.

“Starting on April 2017, the benefit increase will be incorporated already in the regular pension,” PCEO Dooc added.

In a memorandum from the Office of the President, signed by Executive Secretary Salvador Medialdea, the national govern-ment approved the proposed increase in the

benefits of qualified pensioners and beneficiaries of SSS.

“Upon representations made by SSS,and subject to existing laws, rules, andregulations, please be informed that the P1,000 increase in benefits of qualified SSS retirees, survivors, and permanently disabled pensioners effective January 2017, has been approved,” the Order read.

All retirees, survivors and permanent disability pensioners will receive the P1,000 additional benefit.The additional benefit also covers all future pensioners of the SSS.

The SSS has allotted about P6.9 billion for the release of the additional P1,000 benefit for the first quarter alone. Total projected additional benefit expenditures for the first year of implementation of the pensionhike is seen at P32 billion. The number of pensioners is expected to increase by about 150,000 new retirees every year.

“The courts have already issued final and executory decisions on these companies for violation of the SS Law. Some have already made partial payments but discontinued payment of the remaining balance, while others are still at large and have not paid their obligations,” said Dean Valdez, who was guest speaker at the Club’s meeting on February 9, 2017 at Tower Club, Makati City.

Pensioner Erlano M. Wenceslao withdrawing

his additional P1000 benefit increase on the

morning of March 3at a bank branch at the

SSS head office at East Avenue, Quezon City.

Mr. Wenceslao, 74, has been a pensioner since

September 2004.

(Continued to page 4)

SSS

Page 2: powers and duties of the Social Security Commission (SSC). Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis

Following the 6.7 magnitude earthquake that devastated houses and structures and displaced people living in the provinces of Surigao del Norte last February 10, the SSS conducted relief operations in Surigao City on February 23, 2017.

The outreach program dubbed “Hatid Tulong ng SSS,” a corporate social responsibility (CSR) initiative of the Public Affairs and Special Events Division (PASED), aided a total of 900 families affectedby the calamity.

Mindanao Operations Group SVP Atty. Eddie Jara led the SSS delegation during the distribution of relief goods at Barangay Washington Gym in Kaskag Village. He thanked the local government headed by its Barangay Chairman Mr. Christopher Bonite, his colleagues from Manila who flew all the way to Mindanao, the dedicated employees of SSS Surigao, and most especially the SSS management and Social Security Commission (SSC) for the very timely response.

Even the Parkway Mall Building, where SSS Surigao Branch has been renting space since

To show that the SSS cares for its members and pensioners, the pension fund distributed relief goods last February 11, 2017 to 1,000 families from four barangays in Bicol that were affected by typhoon Nina, namely: Barangays Magurang, Alnay, Basud and Gabon.

During the relief operations held at Magurang Elementary School, SSS President and Chief Executive Officer (PCEO) Emmanuel F. Dooc, a Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis because this is what Uragons are known for. He said that SSS is always ready to help as they rebuild their lives and homes.

PCEO Dooc and other senior SSS officials were in Bicol from February 9 to 11 for the first Regional Visit for 2017 as part of the pension fund's thrust to bring SSS closer to its members.

(Continued to page 5)

Above photo shows PCEO Dooc (center) and Polangui, Albay Vice Mayor Herbert Borja (beside PCEO) giving an SSS relief package to Mr. Domingo Bogal from Brgy. Gabon. Also present during the relief operations were Management Services & Planning Division VP Eleonora Y. Cinco; Administration Group SVP May Catherine C. Ciriaco; Luzon Operations Group SVP Josie G. Magana; Officer-In-Charge (OIC) for Luzon Bicol Division Elenita S. Samblero; Magurang Elementary School Principal Yvonne O. Rea; and OIC of the Corporate Communications Department Sonia P. Guinto. Bottom photo shows employees of SSS Naga and Legazpi distributing relief packages to the beneficiaries.

Based on SSS' unaudited financial statement, its revenues for the January to November 2016 grew 8.34 percent to P160.02 billion on the back of the P10.51 billion increase in members' contributions and higher investment income. The end-November 2016 revenues was P12.42 billion higher than the P147.70 billion

recorded in the same 11-month period in 2015.

Members' contribution grew to P131.28 billion while investments and other income increased to P28.74 billion.

Meanwhile, expenditures from January to November 2016 increased by 18.39 percent to P131.06 billion

from the P110.70 billion recorded in 2015, mainly due to the increases in benefit disbursements. As a result, the net revenue in the same 11-month period in 2016 dropped 21.74 percent to P28.96 billio, from the P37 billion in the year before.

As of November 2016, the pension fund’s assets, liabilities and reserves stood at P473.63 billion, P13.54 billion and P460.09 billion, respectively.

The SSS resolved 1,919 complaints coursed through the 8888 Citizen’s Complaint Hotline within five days, majority of which pertain to slow claims processing and hassles in documentation procedures.

PCEO Emmanuel F. Dooc said that the SSS is maintaining high resolution rates with an average of 97 percent, despite the increasing number of cases endorsed by the Civil Service Commission (CSC).

“We immediately act on our member’s complaints through our Member Relations Department, which responds to queries and other concerns endorsed by the 8888 Hotline. In fact, SSS has already settled all the cases received from August to November to prevent backlogs,” he added.

SSS has an average of 180,000 transactions per day received by its 277 branches nationwide.

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Page 3: powers and duties of the Social Security Commission (SSC). Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis

Social Security System (SSS) President and Chief Executive Officer (PCEO) Emmanuel F. Dooc (at right photo) shared the vital role of its investments for the continuous growth of the pension fund during his presentation at the general membership meeting of the Shareholders’ Association of the Philippines (SharePhil) held at Dusit Thani Hotel in Makati City last January 19, 2017.

In his talk, PCEO Dooc said that, “SSS is one of the best examples ofan institutional investor that helps promote and develop a capital market wherein both large and small investors enjoy a level playing field when it comes to investor protection.”

He stressed that SSS adheres to standards of safety, high yield and liquidity in investing its reserve funds, while following internal guidelines and investment screening and oversight committees as part of the due diligence process in investment decision-making.

Photo above shows the panel discussion wherein PCEO Dooc (seated, middle) was joined by (from left): Mr. Francis Lim, SharePhil president;

Mr. Rizaldy Capulong, SSS executive vice president for investments; Ms. Corazon dela Paz- Bernardo, SharePhil vice chairperson and former SSS PCEO; and Ms. Evelyn Singson, SharePhil chairperson.

Later that same day, PCEO Dooc faced employers and business executives during the 25th general meeting of the Employers Confederation of the Philippines (ECOP) at the conference hall of St. Luke’s Medical Center in Taguig (photo above). Together with SSS EVP Rizaldy Capulong and SVP/Chief Actuary George Ongkeko, PCEO Dooc discussed the P1,000 pension benefit increase recently approved by President Rodrigo Duterte, as well as the planned contribution rate hike and increase in the maximum monthly salary credit (MSC) effective May 2017.

ROAD MAP TO PENSION REFORMS PRESENTED. In a meeting last January 24, 2017 at the SSS Main Office, SSC Chair Dean Amado Valdez and SSS President and Chief Executive Officer (PCEO) Emmanuel Dooc shared with two members of the House of Representatives who are highly-engaged in social security issues the three-pronged approach of SSS on collection efficiency, investment strategies, and legislative enactments the agency is pushing for to implement benefit enhancements. Photo shows Dean Valdez (3rd from right) and PCEO Dooc (middle) presenting Certificates of Appreciation to Congressman Prospero Pichay, Jr. (4th from right) and Congressman Antonio Tinio (5th from right) for sharing their insights and valuable advice. Also present during the dialogue were (right to left) EVP-Investments Rizaldy Capulong, SS Commissioner Gonzalo Duque, SS Commissioner Jose Gabriel La Viña, SVP-Legal Voltaire Agas, SVP-Accounts Management Judy Frances See, VP-Public Affairs Marissu Bugante and SVP/Chief Actuary George Ongkeko.

The SSS acknowledged with appreciation the House of Representatives’ approval of House Bill 2158, which aims to rationalize and expand the powers and duties of the Social Security Commission (SSC).

SSC Chairman Dean Amado D. Valdez said that the approval of the bill is a laudable act from the legislators who recognized the need for continuous reforms in the pension program and for the SSC to adopt on its own, measures and mechanisms to better manage the pension fund.

The HB authorizes the SSC to enter into compromise agreements to condone penalties on unremitted monthly contributions on a

case-by-case basis, as well as on unpaid loan amortization for short- and medium-term loans, without the need for approval of the President of the Philippines. The HB also allows the SSC to fix and determinefrom time-to-time the monthly salary credits, schedule and rate of contributions and rate of penalty on unremitted and unpaid contribution and loan amortization, also without the approval of the President of the Philippines.

According to Dean Valdez, as part of the policy-making body of the SSS, the SSC is in better position to determine the needs of its members and the SSS as a whole. With the rationalized powers, it will make it easier for the SSC to craft policies for the benefit of its members at the earliest possible time without being subjected to possible political issues.

“Undeniably, this bill will insulate the System from politics since the decision of the SSC – which is comprised of representatives from the employers, employees, and the general public – will be based on actuarial and risk studies,” Dean Valdez added.

Page 4: powers and duties of the Social Security Commission (SSC). Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis

SSS Warns...(From Page 1)

For the past few months, the SSS has been quietly pilot testing the newest online service for employers: the Contribution Collection List (CCL) Billing Facility, which, as of February 17, 2017, is being used by around 6,500 employers.

In an interview, SVP Joel A. Layson of the Information Technology Management Group (ITMG) related that this online billing system allows employers that have registered accounts at the My.SSS portal in the SSS website to generate monthly billing statements, which they can then use as basis for their and their employees’ contribution payments, without need for their preparing and submitting the SSS R-3 (Contribution Collection List).

The billing statements are based on the employers’ last submitted Employment Report (R-1A) and employers have the option to update their data monthly to reflect changes in the number of their employees (i.e., additions or separations) or their salaries. Using the billing statement, employers can pay contributions at any SSS branch with tellering facilities, and rest assured that their payments will be postedthe next day.

“Having the employer’s billing statement electronically-generated will lessen encoding errors and eventually eliminate cases of unpostable contributions,” SVP Layson said. “Moreover, this CCL billing facility can be used by any employer type, whether corporate or household.”

“For now, payments using the billing statements can only be made over-the-counter at SSS tellers. By March, they will also be accepted at Bayad Centers. The Treasury Division is working on adding other payment channels that will accept payments using the billing statement, such as our accredited banks,” SVP Layson noted.

“With the help of our Account Officers in promoting the CCL billing facility among their employer-clients, we are hoping to increase the number of employer-users to 10,000 by the end of the pilot stage,” he added.

Included in the list of the first batch of companies with court convictions due to violation of the SS Law are: NIDF Corporation, Information Technology Solutions Int'l. Inc., Caps & Crown Enterprises, Stanley Fine Furniture, Niovis Shipping Co., FVA Manpower Training Center and Services, GDS Security Investigation Agency, and Holy Cross Learning School of Nabua, Inc. “We will continue to release names of convicted delinquent employers to seek the assistance of the public to locate them so that they could be held accountable by the courts. This should also serve as a warning that SSS will not stop until they pay what is due our members,” warned Dean Valdez.

The release of the list of delinquent employers is part of the crackdown being undertaken by the SSS to remind companies of their obligation to the agency, as well as to warn them that SSS will not stop until there is full compliance of the law.

Aside from naming convicted delinquent employers, the SSS, together with the Philippine National Police (PNP), has also started serving warrants of arrest to erring employers last January. As a result of the crackdown against delinquent employers, Victor A. Caluag and his 83-year-old mother Conchita, owners of Stream Publishing Corporation, are still in prison for non-remittance of contributions after they jumped bail and failed to attend hearings despite due notice. They will both serve a minimum of six years imprisonment and pay SSS the amount of P1,608,837.45 million for unpaid premiums as of December 15, 2011. “We have been requested several times by different people to intervene in this case to allow Ms. Conchita to get out of jail given her old age. But this case is beyond SSS because it was already decided by the Makati Regional Trial Court with finality. In fighting for the social security protection of our members, we will be relentless because no one is above the law,” Dean Valdez noted.

Similarly, warrants of arrest were issued last February 2 against Dr. Joel C. Mendez, dermatologist-owner of the Weigh Less Center located at Farmer's Plaza in Cubao. Mendez was convicted by the Regional Trial Court of Quezon City and sentenced to a jail term of six years and one day as minimum to seven years as maximum.

Based on the decision, Mendez has a total delinquency of P1,865,657.50 representing unpaid contributions from October 2011 to January 2013 with an interest of three percent per month from July 2015 until full payment.

The PNP went to Mendez’s residence in Barangay Talipapa, Quezon City to serve the arrest warrant but he was not at home. The house helpers said that Mendez now lives in the province. The SSS is appealing for the public’s assistance in locating Mendez.

On a positive note, Dean Valdez said that several employers have started to approach SSS offices to settle their delinquencies.

Page 5: powers and duties of the Social Security Commission (SSC). Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis

He also announced the opening of a Calamity Relief Package for members affected by ‘Nina’ starting February 3, 2017. Part of the package is a calamity loan that is a new and separate loan window from the regular salary loan for members. The calamity loan allows members to borrow up to P16,000 if they are paying contributions based on the maximum monthly salary credit (MSC).

“Similar to salary loans, calamity loans are payable in two years in 24 equal monthly installments with an annual interest rate of 10 percent and one percent monthly penalty for late payments. To provide more assistance, we waived the one percent service fee for calamity loan applicants,” he further explained.

To qualify for SSS calamity loans, members should have a home address or property in the declared calamity areas and a minimum of 36 monthly contributions, six of which should be paid within the 12-month period preceding the date of application.

PCEO Dooc also clarified that members who availed of the SSS Loan Restructuring Program and those with final benefit claims, such as for total permanent disability and retirement, are excluded from the program. Employee-members can also apply for calamity loans, provided that their employers are updated in remitting their workers’ contributions and loan payments.

Members can file their calamity loan applications at any SSS branch. Those based abroad, such as seafarers and overseas Filipino workers (OFW), can file their applications through their designated representative, who should present an authorization letter to SSS.

“Applicants should also submit a Barangay Certification that will attest to their residence in the declared calamity area or to their current status as an OFW or seafarer, if applicable. The loan must be fully paid before the member can avail of another calamity loan in the future,” Dooc noted.

In addition to the calamity loan, the SSS Calamity Relief Package also features advance release of three-month pension under the SSS and Employees’ Compensation Program; and reduced interest rate under the Direct House Repair and Improvement Loan Program. Qualified SSS members and pensioners have until June 2017 to apply for loans and advance pensions, while deadline for Direct House Repair and Improvement Loan, is up to one year from issuance of its corresponding circular.

The SSS Calamity Relief Package is offered in calamity areas declared by the National Disaster Risk Management Council, such as Batangas; Quezon; Naujan, Calapan and Puerto Galera in Oriental Mindoro; Gasan, Mogpog, Boac and Torrijos in Marinduque; Albay, Catanduanes and Camarines Sur; and Jipapad, Maslog, Oras, Dolores, Can-avid, Taft, Sulat, Arteche and San Policarpio in Region 8 as of 13 January 2017.

SSS extends help...(From Page 2)

“Let’s think about what we can do together,”SSC Chairman Amado D. Valdez (photo above) said before the attendees of the 23rd Quarterly Dialogue with Labor Leaders held on February 17 at the Social Security System (SSS) Gallery in Diliman, Quezon City.

“Huwag ninyo kaming sisihin, huwag ninyo kaming pahirapan dahil mabigat na po ang dinadala namin para ingatan kayo. We are appealing to you, be patient with us,” Valdez said. He was specifically referring to the P1,000 hike in SSS pension, which was initially announced to be released to about 2.3 million pensioners by January.

Barely a week after the dialogue, Malacañang Palace officially gave the state-led pension fund the go-signal for the benefit increase, which will be finally received by qualified SSS pensioners and beneficiaries on the first week of March. Based on the memorandum issued by the Office of the President, the additional P1,000 benefit for January, February, and March will be released on March 3, 10, and 17, respectively. By April, all retirees, including the survivor and permanently disabled pensioners, will begin to receive the adjusted amount of their monthly pensions.

Among the other issues raised were about the expansion of SSS membership, efficiency in contribution collection amid rampant contractual-ization, proposals to raise the salary bracket for seafarers, and the possibility of designatingSSS deputies throughout the country. Mr. Jun Soriano, president of Construction Workers Solidarity (CWS), noted that their organization, composed of different groupsof construction workers in the country, is very much willing to extend help to the System. “Pag-usapan natin kung paano tayo magkakatu-lungan para palawakin ang membership ng SSS,” the CWS leader, who has worked closely with former SSS Commissioner Ibarra Malonzo, said.

Another positive remark was pointed out byMr. Isabelo Samonte of Apostleship of the Sea,which is a Catholic charity supporting seafarers worldwide. He said that their agency appreciates all the struggles of the SSS and likewise supports its plans for additional pension benefit. “We join the pensioners and the elderlies, and thank the government for passing this, providing social inclusion to ensure sustainability,” he added.

PCEO Emmanuel F. Dooc (photo above) promised that the System, together with the SSC, will regularly hold consultation-meetings to foster even closer ties with the workers to find solutions to challenges faced by System. In his speech, he gave the audience an overview of the notable accomplishments of the SSS in 2016, for which he gives credit to the past administration, and also laid out some of its strategic plans for 2017 as continuance of the good policies implemented during the tenure of former PCEO Emilio S. de Quiros, Jr. According to PCEO Dooc, the SSC will be conducting regular roadshows across the country in its aim to expand SSS membership. “Mag-a-ap-point kami ng Commissioners sa bawat rehiyon na siyang mamumuno sa pagpapalago ng mga programa at inisyatibo ng SSS,” he explained.

He stressed, however, the importance of the SSS regularly receiving the right amount of contribu-tions, on top of its goal of increasing membership. “Dapat po, dagdag miyembro na may tamang kontribusyon. Kasi kung dagdag lang ng dagdag ng miyembro pero wala namang adjustment sa kontribusyon, pareho lang tayong kulang,” Dooc said. “We need a strong and robust fund. Ang kontribusyon ay dapat na ituring na savings at investment.”

Page 6: powers and duties of the Social Security Commission (SSC). Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis

The SSS and the Roman Catholic Bishop of Cubao signed a Memorandum of Agreement (MOA) on March 16, 2017 for the coverage of 300 employees from the 37 parishes under the Diocese of Cubao. Signing on behalf of the SSS and the Diocese of Cubao were SSS President and CEO Emmanuel F. Dooc (seated, 2nd from right), and Rev. Fr. Honesto F. Ongtioco (seated, 2nd from left), respectively. Also present to witness the signing ceremony were Roman Catholic Bishop of Cubao (RCBC) Legal Counsel Atty. Maritonie D. Resurreccion (seated, left), Legal Enforcement Group Senior Vice President Voltaire P. Agas (seated, right), (standing from left to right) RCBC Finance Head Joy Palma, RCBC HR Officer Marc Sacaguing, Operations Legal Department Attorney III Lilibeth Cortez, SSS Cubao Social Security Officer III Carmelita Melleril C. Rico, NCR North Division Vice President Helen L. Abolencia, Operations Legal Department Assistant Vice President Renato Jacinto S. Cuisia and OIC for Visayas-Mindanao Large Accounts Department Neil F. Hernaez.

SSC Chairman Dean Amado Valdez spoke before members of the Integrated Bar of the Philippines during the 16th National Convention of Lawyers held on

March 23 to 26, 2017 at the Mariott Grand Ballroom, Newport City Complex, Pasay City. In his message, Chairman Valdez emphasized the importance of social security coverage even for professionals and urged all self-employed

lawyers to become SSS members. He also mentioned the possibility of requiring self-employed lawyers to show SSS active membership first before

their IBP membership is renewed.

Graduating students of Centro Escolar University (CEU) flocked to the SSS booth during the University’s Job and Career Fair held last January 27 at the Student Activity Center, CEU Manila Campus. Services offered include issuance of SS

Numbers, on-line verification of contributions, attending to queries on benefits and privileges as well as distribution of forms and information materials. More than 300

graduating students applied for SS Number during the one-day event.

The SSS was once again invited by the Artists Welfare Project Inc. (AWPI) to provide SSS services to thousands of artists, art educators, cultural workers and art enthusiasts who gathered at the Cultural Center of the Philippines in Pasay City for the 2017 Pasinaya Festival held on February 4, 2017. The PASINAYA is considered as the largest multi-arts festival in the country, which features crash workshops, film screenings, visual art exhibitions and activities for children.

Page 7: powers and duties of the Social Security Commission (SSC). Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis

The SSS receives numerous queries on legal issues about membership, benefit eligibility, employer liability, and others. In this section, we feature interesting cases from actual members (names have been changed) and the corresponding replies from the SSS Legal Services Division. Please note that these are legal opinions on specific cases and are based on existing laws and jurisprudence, as well as SSS rules and regulations.

Raul was 60 years old when he retired in July 2006 and began receiving his retirement benefits from SSS.

His membership records, such as the SSS Form E-1 (Personal Record Form), SSS Form E-4 (Member’s Data Change Request Form), and SSS ID, all show that he was born on September 20, 1945. Along with the retirement claim application he submitted to SSS on June 9, 2006 were three documentary requirements, in lieu of his birth certificate, indicating the same as his birth date. Said documents were as follows: (1) baptismal certificate; (2) a joint affidavit of Ada and Odette sworn before a localgovernment official in January 1978; and (3) a certificate on non-availability of records from the Local Civil Registrar of Subic, Zambales.

Sometime in 2014, Raul’s elder sister, Linda, sent the SSS a letter requesting it to investigate

her brother, who allegedly submitted a falsified baptismal certificate. Enclosed in the sworn letter was a copy of Raul’s birth certificate issued by the Civil Registrar of Olongapo City bearing September 20, 1951 as his true birthdate.

Upon discovery of the fraudulent act, SSS immediately checked the authenticity of Raul’s earlier submitted baptismal certificate and found that it was non-existent in the archivesof the Philippine Independent Church of Olongapo.

According to Section 28 of Republic Act No. 8282, also known as the Social Security Act of 1997, “Any person who makes false statement in this application or submits any falsified document in connection with this claim shall be liable criminally for falsification of public documents.”

Being actually born on September 20, 1951 as stated in his verified birth certificate, Raul was unqualified to receive retirement pension in July 2006, as he would have been just under 55 years old then, and he would turn 60 only by September 2011. Hence, his retirement benefits was immediately suspended.

Raul was short of retirement age at 54 years and six months old and must, therefore, refund SSS the entire amount of benefits he received from 2006 up to August 2011. For practicality, however, the SSS has the option to just apply his remaining SSS retirement benefits in paying back the amounts illegally received by him, instead of demanding for a refund. This is without prejudice, of course, to the filing by SSS of criminal charges against Raul due to his misrepresentation and falsification of public documents.

Roger’s retirement date was on February 16, 2013, and his unpaid salary loan then amounted to P113,570.72. For the next two years, all proceeds of his P1,260 monthly retirement pension were applied to pay off the said loan.

He passed away on January 11, 2015 with an outstanding loan balance of P83,150.72. As of February 2015 or a month after Roger died, his death benefits, which were computed at P44,100, were applied to his unpaid loan, thus, lowering the balance to P39,050.72.

Meanwhile, Roger’s sister-in-law filed a claim at the SSS Baliuag branch for reimbursement of the funeral expenses amounting to P20,000.

The issues raised now from this case are as follows: (1) whether or not the funeral benefit can be applied to settle the SSS obligation of

the decedent; and (2) if not, how shall the SSS collect Roger’s remaining unpaid loan?

According to an SSS legal opinion, the funeral benefit cannot be used to pay off Roger’s remaining loan balance, primarily because when Roger applied for a salary loan through the SSS Baliuag branch, he took a personal obligation and undertaking to pay. Thus, the debtor-creditor relationship created is between him and SSS Baliuag only.

Further, in a 2014 Memorandum issued by SSS, it said: “As a general rule, payment of funeral benefits is not dependent upon whether or not the System can recover the pensions paid after the death of the pensioner. This is based on the premise that, aside from being a separate and distinct benefit provided under the SS Law, the funeral benefit is given to whoever defrayed the

funeral expenses as evidenced by the official receipt.”

Applying the above-quoted statement, it can be understood that the funeral grant extended by the SSS is not given to the deceased member but to whoever paid for the burial expenses of the latter. Thus, should Roger’s sister-in-law prove, by way of receipts and other pertinent documents, that she was indeed the one who shouldered the expenses incurred for his brother-in-law’s funeral, she is, thus, entitled to the P20,000 funeral grant.

Meanwhile, in dealing with Roger’s unpaid loan balance, SSS Baliuag could file a claim against the former’s estate as creditor, or in the event that the estate is not sufficient, against the decedent-member’s co-makers, who are also deemed to be secondarily liable.

"Hatid Tulong"...(From Page 2)

March 2015, was not spared from the disaster. Though the damage caused by the tremor to their office was “generally minimal in nature,” as Branch Head Jose Roel J. Herbieto described, he and his team were actually shaken by the event. “Some of the furniture such as cabinets, chairs, and clerical tables were damaged. There were also minor cracks in the walls.A portion of the acoustic ceiling collapsed, together with some electrical fixtures and computer equipment like CCTV monitors,and some of the floor tiles were broken.

But overall, the outlook of the office was not so bad at all,” he said. (Photos at left)

Herbieto noted the workforce of SSS Surigao had already “transcended the traumatic experience” and that they immediately buckled down to their work of serving members as soon as the mall opened.

“We are preparing to set up an action center in front of the building, which will be used as the waiting area of the members. This will control the number of transacting members inside the office so as not to cause stampede in case of aftershocks,” he said.

Damage sustained bySSS Surigao Branch, which is located at the Parkway Building in Surigao City.

Page 8: powers and duties of the Social Security Commission (SSC). Bicolano himself, encouraged his kababayans to remain resilient like the bamboo and rise stronger and taller after a crisis

8

Managing Editor: JOSEPHINE ANNE E. MINESArt Director: GRACE B. BURGOS

Writers: JOSEPHINE ANNE E. MINES, MARIE GRACE ANTIGA,IRIS JOY P. ABARQUEZ, LIZA ANGELICA D. BARRAL,

RONA T. CAPPAL, MAY ROSE D.L. FRANCISCO,JOHANNA LYN H. GARCIA, BARBARA RAIZZA J. JUAN

Executive Editors: MARISSU G. BUGANTE / MA. LUISA P. SEBASTIAN

Photographers: REY SOLIS, DANILO C. SORIANOIn-charge of Circulation: MEL CHRISTIAN S. TINGZON

Layout Artist: NEIL MARTIN V. PAGULAYANSSS Newsletter is published quarterly by the Corporate

Communications Department (CCD) of the Social Security System for its members and the general public. Please send comments or suggestions to the CCD, 7th Floor,

SSS Building, East Avenue Quezon City

Editors-In-Chief: SONIA P. GUINTO / JUSTINA B. HUGO

Editorial

After some delay waiting for Malacanang’s official go-signal, the SSS finally made true on President Rodrigo Duterte’s promise to increase the SSS pension benefit by P1,000. For the first three Fridays of March, all retiree, survivor and disability pensioners shall receive the additional P1,000 benefit to cover the months of January, February and March 2017.

As to why three separate release dates are needed to disburse the added pension amount, it is important to note that the SSS has to perform three computer program runs to ensure that all qualified pensioners receive the additional benefit. Since the P1,000 additional was approved in January and the order was signed in February, the SSS had to re-run the system to determine the correct number of pensioners, considering that every month, new pensioners are added to and some deleted from the SSS database.

However, a number of pensioners were surprised that when they checked their bank accounts last March 3, the additional P1,000 benefit was not there. There is a legitimate explanation for that: the SSS has to make separate program runs for pensioners under special cases. These include death claims with more than one payee and one of them is overpaid, payees with withheld share, multiple guardians, those covered by a Bilateral Social Security Agreement between Philippines and other countries and Portability Law; pension-ers with suspended pension due to non-compli-ance with the Annual Confirmation of Pensioners (ACOP) but are scheduled for resumption within January to March, retiree-pensioners who received their advance 18 months retirement pension, pensioners with initial claims settled from November 2016 to April 2017, pensioners who filed for adjustment, partial disability pensioners with less than 12 months duration paid in lump sum, pensioners who availed of the advance three months pension due to typhoons Lawin or Nina last year, and pensioners with unpaid loan balance/overpayment.

The SSS will set specific dates for the benefit release of these special pension cases, but it is guaranteed that the P1,000 additional benefit will be retroactive to January 2017 like everyone else’s. However, for death benefit claims with

multiple payees, the payees will not get additional P1,000 each, rather, the P1,000 will be shared equally among them.

While a lot of pensioners expressed their gratitude over the added benefit, rumblings of discontent still continue – some even openly expressing their dissatisfaction that the amount was “not enough.” It is probably important to point out two things: 1) that pension amounts depend on the length of a member’s contributory years and the amount of monthly contributions made throughout one’s active membership, and 2) the pension is just a PARTIAL replacement income for the member – it is not meant to be the sole income source for the member and his/her family.

Considering that the SSS contribution rate does not cover the member’s entire monthly salary but is capped only at a certain maximum amount, it should come as no surprise that the pension benefit does not come close to and is only just a fraction of a member’s actual monthly salary. If SSS members would like to receive pension amounts that come close to their actual monthly incomes during their working years, then they should be prepared to contribute more from their salaries.

Ms. Rivas is already receiving her monthly pension and she’s thinking of having her house renovated. She is asking if she can change her pension from monthly to lump sum amount to fund the renovation.

SSS: The monthly pension is a lifetime cash benefit paid to a retiree who has paid at least 120 monthly contributions, while the lump sum amount is granted to a retiree who has not met the required 120 monthly contributions. Request for the benefit to be received in lump sum is only allowed at the initial settlement of the claimand only for the first 18 months pension.Once the initial monthly pension has been received, changing the benefit to lump sum payment is not allowed.

Mr. Arellano made a payment for his loan based on the amount showing on the Statement of Loan Balances and wrote a letter to SSS asking to apply his payments under the Loan Restructuring Program (LRP). SSS

posted his loan payments but declined his request. Why?

SSS: Mr. Arellano should have applied for the loan restructuring prior to making the payments. Making payments based on the Statement of Loan Balances alone is not enough to be considered approved for loan restructuring. Records show that no Loan Restructuring Application Form, Affidavit of Residency, Disclosure Statement, and Notice of Approval have been received by SSS from the member, and therefore, his payments were not credited under the LRP but under the usual loan amortiza-tion process. Member’s loan payments were thus, credited according to this order: 1) penalty, 2) interest, and 3) principal.

Mr. Banning applied for the Loan Restructur-ing Program for a loan he took several years prior to leaving the country for work. He’s been making several payments already but would now like to make a full payment for the loan balance. He’s wondering if this is possible.

SSS: Penalties shall be condoned upon full payment of the loan within the approved payment term. Members may opt to make the full payment even while in the middle of making the monthly

amortization. The member should go to the branch and request for a new Statementof Account for the amount to be adjusted accordingly, as of the date the memberplans to pay.

Mr. Domagas is experiencing financial difficulty and would like to request for the refund of his contribution payments. Is this possible?

SSS: This is not possible. Membership with SSS is lifetime and SSS does not refund contribution payments as this is tantamount to termination of membership and disqualification from all the benefits and privileges the System provides. The no-refund policy works more to the advantage of members as qualification for benefits require certain number of contributions and members may opt to increase their number of contributions to get more and better benefits.

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