AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 1161

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AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 1161

Republic Act No. 8282

May 1, 1997

Case Overview and Summary

Summary of Republic Act No. 8282 - An Act Further Strengthening the Social Security System

Definitions (Section 8):
- Defines key terms such as SSS, Commission, employer, employee, dependents, compensation, monthly salary credit, contribution, employment, beneficiaries, contingency, average monthly salary credit, average daily salary credit, semester, quarter, credited years of service, member, self-employed, net earnings, and fixed charges.

Coverage (Sections 9 and 9-A):
- Compulsory coverage for all employees not over 60 years old and their employers.
- Covers domestic helpers with monthly income of at least ₱1,000.
- Allows integration with existing private benefit plans.
- Compulsory coverage for self-employed persons as determined by the Commission, including professionals, business owners, actors, athletes, farmers, and fishermen.

Benefits (Sections 12 to 14-A):
- Monthly pension based on a formula considering salary credit, credited years of service, and minimum pension amounts (e.g., ₱1,200 for 10 credited years, ₱2,400 for 20 credited years). (Section 12)
- Dependents' pension of 10% of the monthly pension or ₱250, whichever is higher, for up to 5 dependent children. (Section 12-A)
- Retirement benefits, including lump sum option for the first 18 monthly pensions. (Section 12-B)
- Death benefits, including a monthly pension for primary beneficiaries or a lump sum for secondary beneficiaries. (Section 13)
- Permanent disability benefits, including a monthly pension or lump sum based on contributions paid. (Section 13-A)
- Sickness benefit of 90% of the average daily salary credit for up to 120 days per year. (Section 14)
- Maternity leave benefit of 100% of the average daily salary credit for 60 or 78 days for normal or caesarean delivery, respectively. (Section 14-A)

Contributions (Sections 18 to 20):
- Employee contributions based on a schedule of monthly salary credits and corresponding contribution rates. (Section 18)
- Employer contributions based on the same schedule as employee contributions. (Section 19)
- Self-employed contributions determined based on declared monthly earnings, paying both employee and employer shares. (Section 19-A)
- Government contribution to meet the estimated expenses and maintain an adequate working balance. (Section 20)

Administration and Enforcement (Sections 3 to 7, 21 to 28):
- Establishes the Social Security System (SSS) as a corporate body and the Social Security Commission to direct and control it. (Section 3)
- Outlines the powers and duties of the Commission and the SSS. (Section 4)
- Provides for the settlement of disputes and appeals process. (Section 5)
- Requires the SSS to maintain records, reports, and audits. (Sections 6, 24, 24-A, and 27)
- Allows the SSS to issue subpoenas and compel attendance of witnesses. (Section 7)
- Guarantees the solvency of the SSS by the Philippine government. (Section 21)
- Outlines remittance procedures, penalties, and collection methods for contributions. (Sections 22 and 22-A)
- Provides for the investment of reserve funds in various instruments, subject to prescribed limits. (Section 26)
- Establishes penal provisions for violations, including false statements, misappropriation, and non-compliance. (Section 28)

Miscellaneous Provisions:
- Exempts the SSS and its assets from taxes and legal processes. (Section 16)
- Prohibits the diminishment of benefits and guarantees their payment. (Section 21)
- Provides for a transitory clause allowing delinquent employers to remit contributions without penalty within 6 months. (Section 30)

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AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 1161

Republic Act No. 8282

May 1, 1997

Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Republic Act No. 8282 &nbsp &nbsp &nbsp &nbsp &nbsp &nbsp May 01, 1997 AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Republic Act No. 1161, as amended, otherwise known as the "Social Security Law", is hereby further amended to read as follows: "SECTION 1. Short Title. - This Act shall be known as the "AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW." "SEC. 2. Declaration of Policy. - It is the policy of the Republic of the Philippines to establish, develop, promote and perfect a sound and viable tax-exempt social security service suitable to the needs of the people throughout the Philippines which shall promote social justice and provide...
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AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 1161

Amends

n/a

Amended by

n/a

Tags

Statutes

Republic Acts

social security system

contributions

benefits

coverage

retirement

disability

sickness

maternity

death

penalties

investments

Philippines

Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Republic Act No. 8282 &nbsp &nbsp &nbsp &nbsp &nbsp &nbsp May 01, 1997 AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. Republic Act No. 1161, as amended, otherwise known as the "Social Security Law", is hereby further amended to read as follows: "SECTION 1. Short Title. - This Act shall be known as the "AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW." "SEC. 2. Declaration of Policy. - It is the policy of the Republic of the Philippines to establish, develop, promote and perfect a sound and viable tax-exempt social security service suitable to the needs of the people throughout the Philippines which shall promote social justice and provide...
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AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 1161