I am a surviving spouse of an SSS pensioner currently receiving his pension as a beneficiary. If I die, will our children (who are understandably beyond 21 years old and with no congenital defects) continue to receive the pension? I am also an SSS member and my beneficiary is my husband who is already deceased. What will happen to my pension when I die? Will my children receive my pension since my beneficiary is already dead?
One of the benefits which a member of the Social Security System (SSS) could enjoy is that provided under Section 13 of Republic Act (R.A.) No. 8282 of the SSS Law governing Death Benefits. Death Benefits of an SSS member shall be given to his/her primary beneficiaries and, in the absence thereof, to his/her secondary beneficiaries (Section 13, R.A. 8282). The primary beneficiaries under the SSS Law are the dependent spouse until he or she remarries and dependent legitimate, legitimated or legally adopted, and illegitimate children, while secondary beneficiaries include the dependant parents and in the absence of the foregoing, any other person designated by the member as his/her secondary beneficiary (Section 8 [k], R.A. 8282).
R.A. 8282, the law which created the SSS, was enacted to promote social justice and provide meaningful protection to 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, R.A. 8282). By reason thereof, the beneficiaries of an SSS member are only those who are dependent upon him. Thus, the benefit which you are now receiving as a beneficiary of your deceased husband will not be transferred to your children or your beneficiaries even if they are dependent on you or otherwise qualified because the SSS law was created for the benefit of the beneficiaries of the SSS members and does not extend to the beneficiaries of the members’ beneficiaries.
As to your membership in the SSS, your children who are admittedly of legal age with no congenital defect will not be entitled to the pension arising from death claim because only children who are dependent upon the SSS member shall receive death benefits. This means that the children should be unmarried, not gainfully employed and has not reached 21 years of age, or if 21 years of age, he is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally (Section 8[e], R.A. 8282).
We hope that we have answered your query. Our legal opinion may vary if other facts are stated or elaborated.
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