My father who was an SSS member died three years ago. In December 2012, my mother started receiving monthly pension as primary beneficiary of my father. But after 6 months, my mother died. Is my mother entitled to other SSS benefits? Will the children receive any benefit from SSS?
It is provided under Section 13 of Republic Act (R.A.) No. 8282 also known as the “Social Security Law” that “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 contribution, 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”. Your mother was entitled to pension as mentioned above because she was a primary beneficiary of your father as defined under Section 8(k) of R.A. No. 8282 which provides that beneficiaries shall include dependent spouse until he or she remarries,the dependent legitimate or legitimated or legally adopted and illegitimate children, who shall be the primary beneficiaries of the member. Accordingly, to qualify for death benefit as primary beneficiary, a spouse must establish two qualifying factors, to wit: (1) that he/she is the legitimate spouse; and (2) that he/she is dependent upon the member for support.
The benefit accruing to your mother was founded on the membership of your father to the Social Security System (SSS). She was entitled thereto because she qualified as primary beneficiary of your father. Hence, the benefit of your mother shall be terminated upon her death. It cannot be assigned or transferred to the heirs of your mother since the person entitled thereto should be a qualified beneficiary of your father. Nevertheless, the children/heirs of your mother may be entitled to death benefits from SSS if she is likewise a member thereto.
Please be reminded that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are elaborated therein.