What benefits shall be given under SSS to the family or heirs of a deceased member? Who among the family shall be entitled to receive such benefits?
Upon the death of a member of the Social Security System (SSS), his beneficiaries shall be entitled to receive death and funeral benefits as provided under Republic Act (RA). 8282 or the Social Security Act of 1997. Section 13 thereof provides for the conditions for the awarding of death benefits, to wit:
“SECTION 13. Death Benefits. — 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 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 twelve (12) times the monthly pension, whichever is higher.”
The primary beneficiaries referred to in the aforementioned paragraph pertain to the dependent spouse until he or she remarries, the dependent legitimate, legitimated or legally adopted and illegitimate children. The dependent illegitimate children shall be entitled to fifty percent (50 percent) of the share of the legitimate, legitimated or legally adopted children. In the absence of the dependent legitimate, legitimated or legally adopted children of the member, the dependent illegitimate children of the deceased member shall be entitled to one hundred percent (100 percent) of the benefits. In the absence of the primary beneficiaries, the dependent parents shall be the secondary beneficiaries of the member. If there be no such parents, the beneficiary shall be any other person designated by the member as his/her secondary beneficiary (Section 8(k), RA 8282). If no beneficiary qualifies under the SSS law, however, the death benefits shall be paid to the legal heirs of the member in accordance with the law on succession (Section 15, RA 8282).
In addition to the death benefits, a funeral benefit shall also be paid to help defray the cost of the funeral expenses upon the death of a member, including, permanently totally disabled member or retiree (Section 13-B, RA 8282). This benefit, however, 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 that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com