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June 1, 2022

DEATH AND FUNERAL BENEFITS UNDER THE SOCIAL SECURITY ACT OF 2018

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Published — June 18, 2021

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 

Read also ” Understanding SSS and its benefits”

  • The Death Benefit is a cash benefit either in monthly pension or lump sum paid to the beneficiaries of a deceased member

  • Lump sum benefit is a one-time cash benefit paid to the beneficiaries

  •  The Funeral Benefit is intended to help defray the cost of funeral expenses upon the death of a member

W hat happens upon the death of a member of the Social Security System (SSS)?

The law says:

Upon the death of a member, his beneficiaries shall be entitled to Death Benefits. The Death Benefit is a cash benefit either in monthly pension or lump sum paid to the beneficiaries of a deceased member.

When can a beneficiary be entitled to a monthly pension?

The law says:

Upon the death of a member who has paid at least thirty-six (36) monthly contributions before the semester of death, his or her primary beneficiaries shall be entitled to a monthly pension.

Take note that primary beneficiaries are entitled to a thirteenth (13th) month pension equivalent to the amount of the monthly pension due and additional benefit allowance, payable every month of December of the applicable year.

However, the monthly benefits of a primary beneficiary who, upon notice by the SSS, fails to report or present oneself for interview or through other verification processes shall be suspended.

What happens if the deceased member has not paid at least thirty-six (36) monthly contributions?

The law says:

The beneficiary shall receive a lump sum benefit which is a one-time cash benefit paid as follows:

  1. If the deceased member has paid at least thirty-six (36) monthly contributions before the semester of death and has no primary beneficiaries, his/her secondary beneficiaries shall be entitled to a lump sum benefit equivalent to 36 times the monthly pension.

  2. If the deceased member has paid less than 36 monthly contributions before the semester of death, his/her primary beneficiaries or in the absence thereof, the secondary beneficiaries shall be entitled to a lump sum amount equivalent to the higher of the following:

    1. The monthly pension times the number of monthly contributions paid prior to the semester of death, or

    2. Twelve (12) times the monthly pension.

What is Funeral Benefit?

The law says:

The Funeral Benefit is intended to help defray the cost of funeral expenses upon the death of a member, including permanently totally disabled or retired member.


Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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