Amending, Expanding, Increasing And Integrating The Social Security And Insurance Benefits Of Government Employees And Facilitating The Payment Thereof Under Commonwealth Act No. 186, As Am
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Amending, Expanding, Increasing And Integrating The Social Security And Insurance Benefits Of Government Employees And Facilitating The Payment Thereof Under Commonwealth Act No. 186, As Am
Presidential Decree No. 1146
May 31, 1977
Case Overview and Summary
SUMMARY OF PRESIDENTIAL DECREE NO. 1146 (REVISED GOVERNMENT SERVICE INSURANCE ACT OF 1977)Definitions (Section 2)
- Defines key terms used in the law, including System, Board, Employer, Employee, Member, Dependent, Primary/Secondary Beneficiaries, Compensation, Contribution, Average/Revalued Average Monthly Compensation, Lump Sum, Pensioner, Disability (Total/Permanent Total/Temporary Total/Permanent Partial).
Coverage of the System (Sections 3-4)
- Membership is compulsory for all permanent employees below 60 years old upon appointment to permanent status. (Section 3)
- Coverage may be extended to non-permanent employees upon approval by the President and subject to availability of funds. (Section 3)
- Members continue to be covered even after separation from service, unless terms of separation provide otherwise. (Section 4)
Sources of Funds (Sections 5-8)
- Mandatory monthly contributions from employees and employers based on a specified schedule of rates. (Section 5)
- Employers must include their share of contributions in annual appropriations and remit to the System within the first 10 days of each month. (Section 6)
- Penalties for non-remittance or delayed remittances, including interest of up to 2% per month. (Section 7)
- Government guarantees the fulfillment of the System's obligations to its members. (Section 8)
Benefits (Sections 9-22)
Retirement Benefits:
- Computation of basic monthly pension based on a formula involving revalued average monthly compensation and years of service. (Section 9)
- Conditions for old-age pension, including at least 15 years of service and age 60. (Section 11)
- Options for receiving old-age pension, including lump sum conversion for the first 5 years. (Section 12)
- Retirement option for employees to choose between this Act or Commonwealth Act No. 186. (Section 13)
Permanent Disability Benefits:
- Conditions for permanent disability benefits, including contribution requirements. (Section 14)
- Permanent disability benefits, including basic monthly pension for life if disability is total, and options for partial disability. (Section 15)
Survivorship Benefits:
- Survivorship benefits for beneficiaries of deceased members or pensioners, including basic survivorship pension and dependent's pension. (Section 16)
- Benefits for primary and secondary beneficiaries upon death of a member or pensioner, with specific conditions and amounts. (Sections 17-18)
Other Benefits:
- Funeral benefit of ₱1,000 upon death of a member or pensioner. (Section 19)
- Sickness income benefit of 65% of daily compensation for up to 60 days per year, subject to conditions. (Section 20)
- Compulsory and optional life insurance coverage for employees and dependents. (Sections 21-22)
Adjudication of Claims and Disputes (Sections 23-27)
- Provisions for facilitating payment of benefits, settling disputes, appeals process, execution of decisions, and powers to administer oaths and issue subpoenas.
Funds of the System (Sections 28-33)
- Funds administered by the System, including old-age, disability, survivorship, health insurance, state insurance, life insurance, and general insurance funds. (Section 28)
- Provisions for deposit, disbursement, investment, and auditing of funds. (Sections 29-32)
- Exemption of the System's assets, revenues, and benefits from taxes and legal processes. (Section 33)
Administration (Sections 34-40)
- The Government Service Insurance System implements the provisions of this Act. (Section 34)
- Powers and functions of the System, including rulemaking, budgeting, investing, acquiring properties, conducting actuarial studies, and other corporate powers. (Section 35)
- Composition, tenure, and compensation of the Board of Trustees. (Section 36)
- Appointment, qualifications, and compensation of the President and General Manager and other personnel. (Sections 37-38)
- Provisions for auditor and legal counsel. (Sections 39-40)
General and Penal Provisions (Sections 41-49)
- Provisions for government assistance, penalties for fraud and non-compliance, implementing rules and regulations, non-impairment of existing benefits and rights, exclusiveness of benefits, appropriations, saving clause, repealing clause, and effectivity date.
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Amending, Expanding, Increasing And Integrating The Social Security And Insurance Benefits Of Government Employees And Facilitating The Payment Thereof Under Commonwealth Act No. 186, As Am
Presidential Decree No. 1146
•May 31, 1977
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1146
AMENDING, EXPANDING, INCREASING AND INTEGRATING THE SOCIAL SECURITY AND INSURANCE BENEFITS OF GOVERNMENT EMPLOYEES AND FACILITATING THE PAYMENT THEREOF UNDER COMMONWEALTH ACT NO. 186, AS AMENDED, AND FOR OTHER PURPOSES
WHEREAS, the Government Service Insurance System in promoting the efficiency and welfare of the employees of the Government of the Philippines, administers the laws that grant to its members social security and insurance benefits.
WHEREAS, it is necessary to preserve at all times the actuarial solvency of the funds administered by the System; to guarantee to the government employee all the benefits due him; and to expand and increase the benefits made available to him and his dependents to the extent permitted by available resources;
WHEREAS, provisions of existing laws have impeded the efficient and effective discharge by the System of its functions and have unduly hampered the System from being more responsive to the dramatic changes of the times and from meeting the increasing needs and expectations of the Filipino public servant;
WHEREAS, provisions...
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