ECC

Basis Coverage Employee Work-related illness or injury Not over 60 years of age Over 60 years but paying contributions to qualify for retirement or life insurance

SOCIAL WELFARE LEGISLATION COMPARATIVE CHART SSS SSS (Old Law)

Occurrence of contingency whether or not work-connected Compulsory all employees not over 60 years including: domestics receiving at least P1,000 a month Self-employed (irrespective of amount earned) individual farmers and fisherfolk (irrespective of amount earned) agricultural workers partners and soleproprietors actors/ actresses/ news correspondents/ scriptwriters professional athletes, coaches, trainers and jockeys Voluntary Overseas Filipino Workers Spouse devoting full-time to managing household affairs (unless engages in vocation subject to mandatory coverage) Employers in private sector same as new Compulsory: all employees 60 years and below including: domestics receiving at least P1,000 a month Self-employed who earn above P1,800.00/yr individual farmers/ fisherfolk earning at least P1,500/mo.) partners and soleproprietors actors/ actresses/ news correspondents/ scriptwriters professional athletes, coaches, trainers and jockeys Voluntary Coverage: Overseas Filipino Workers (But note MOA between DOLE and SSS dated 1988 which requires SSS coverage in standard employment contract of all overseas Filipino seafarers) same as new

GSIS
Occurence of contingecy whether or not work-connected Compulsory All employees receiving compensation who have not reached the compulsory retirement age, irrespective of employment status EXCEPT: members of AFP and PNP contractuals who have no employeremployee relationship with agency serviced members of the judiciary (they shall have life insurance only)

GSIS (Old Law)

same as new Compulsory All permament employees below 60 years of age upon appointment to permanent status All elective officials for the duration of their tenure (Non-permanent employees may be covered upon approval by GSIS)

Employer

All employers (private or

All government agencies and

same as new

public)

instrumentalities, inclg. GOCCs

ECC
Definition of employee Any person compulsorily covered by GSIS or SS Any person employed as casual, emergency, temporary, substitute or contractual

SSS
Any person who performs services for an employer in which physical and/or mental efforts are used and who receives compensation for such services, where there is an employer-employee relationship Self-employed is both employer and employee THE FOLLOWING, however, are not considered employment: Domestics earning below P1,000 / month Purely casual employment Government service (including those in GOCCs) Service on an alien vessel outside Philippines (but note the Ben Sta Rita case) Service for foreign government, international organizations or their wholly-owned instrumentality (unless Philippines has an agreement with them for coverage) Temporary employees

SSS (Old Law)

Same definition

GSIS
Any person receiving compensation while in the seervice of an employer, whether by election or appointment, irrespective of status of appointment, including barangay and sanggunian officials.

GSIS (Old Law)

Any person, whether elected or appointed, in the service of an employer who receives compensation therefor.

THE FOLLOWING, however, are not considered employment: agricultural labor (who do not earn a regular wage or basic pay and do not work for an uninterrupted period of at least 6 months per year) domestics (unless they earn at least P1,000.00/mo) Purely casual employment Government officers and employees (including those in GOCCs) One employed by his son, daughter or spouse, or the services of a child under 21 years in the employ of his parents Service on an alien vessel outside the Philippines Service for foreign governments, international organizations or their wholly-owned instrumentalities

NOTE -- COMPENSATION is defined as: Basic pay or salary received excluding: per diems bonuses OT pay honoraria allowances other emoluments in addition to basic pay not integrated in basic pay

NOTE COMPENSATION is defined as: Basic pay or salary received excluding: per diems bonuses OT pay allowances

excluded by regulation.

Temporary employees excluded by regulation

ECC
Definition of employer Any person employing services of employee (whether in the public or private sector)

SSS
Any person who carries on in the Philippines any trade, business, industry or undertaking or activity and uses services of another who is under his orders as regards the employment EXCEPT government (or GOCCs) (It therefore relates only to private sector employment) Dependent spouse until he remarries Dependent legitimate, legitimated, legally adopted or illegitimate children (Leg. Children get only 50% share of legitimate or adopted ones unless there are no legitimate or adopted children) Dependent parents

SSS (Old Law)

same as new

GSIS
The national government, its political subdivisions, branches, agencies or is\nstrumentalities, including GOCCs and financial institutions with original charters, the constitutional commissions and judiciary (It therefore relates to public sector employment.) Legal dependent spouse until he/she remarries Dependent legitimate, legitimated, legally adopted and illegitimate children

GSIS (Old Law)

The national government, its political subdivisions, branches, instrumentalities, corporations owned and/or controlled by the government, the Philippine Tuberculosis Society, the Philippine National Red Cross and the Philippine Veterans Bank. Dependent spouse until he/she remarries Dependent legitimate, legitimated, legally adopted, acknowledged natural or illegitimate children

Beneficiaries Primary

Dependent spouse until he remarries Dependent children

Dependent spouse until he/she remarries Dependent legitimate, legitimated or legally adopted children

Secondary

Dependent parents Illegitimate children and legitimate descendants (subject to restrictions on dependent children)

Dependent parents Legitimate descendants Illegitimate children same

Dependent parents Legitimate descendants, subject to restrictions on dependent children

Dependent parents Legitimate descendants other than dependent children

Tertiary

Any person designated as beneficiary by the employee

ECC
Dependents Legitimate, legitimated, legally adopted or acknowledged natural child who is: unmarried not gainfully employed not over 21 years of age or over 21 UNLESS he is incapable of selfsupport due to physical or mental defect which is congenital or acquired during minority Legitimate spouse living with employee Parents of employee wholly dependent on him for regular support Medical Benefits Rehabilitation services Temporary Total Disability Permanent Total Disability Permanent Partial Disability Death Benefit Funeral Benefit

SSS
Legitimate, legitimated, legally adopted or illegitimate child who is: unmarried not gainfully employed has not reached 21 years of age or over 21 UNLESS he is incapable of selfsupport due to physical or mental defect which is congenital or acquired during minority Legal spouse entitled by law to receive support from member Parent who is receiving regular support from member

SSS (Old Law)

Legitimate, legitimated or legally adopted child who is: unmarried not gainfully employed not over 21 years of age, UNLESS he is congenitally incapacitated and incapable of selfsupport, physically or mentally Legitimate spouse dependent on employee for support Legitimate parents wholly dependent on employee for support

GSIS
Legitimate, legitimated, legally adopted or illegitimate child who is: unmarried not gainfully employed is not over age of majority UNLESS he is incapable of self-support due to physical or mental defect acquired prior to age of majority Legitimate spouse dependent for support on member Parents dependent on member for support

GSIS (Old Law)

Legitimate, legitimated, legally adopted, acknowledged natural or illegitimate child who is: unmarried not gainfully employed is not over 21 ytears of age majority UNLESS physically or mentally incapacitated or incapable of selfsupport Legitimate spouse dependent for support on member Parents wholly dependent on member for support Sickness income benefit Permanent Total Disability Permanent Partial Disability Survivorship benefits Funeral benefit Old-age pension Life insurance Compulsory 2. Optional

Benefits

Sickness benefit Permanent Total Disability Permanent Partial Disability Death benefit Funeral benefit Retirement benefits Maternity leave

Sickness benefit Permanent Total Disability Permanent Partial Disability Death benefits Funeral benefit Retirement benefits Maternity leave

Temporary Total Disability Permanent Total Disability Permanent Partial Disability Survivorship benefit Funeral benefit Retirement benefits Life Insurance Compulsory Optional

Separation benefit separation unemployment or involuntary separation

ECC
Entitlement to retirement benefits NONE available

SSS
Member has reached age of 60 (shall receive lump sum or pension depending on amount of contributions) or Member has reached age of 65 (NOTE, this is in addition to required number of contributions) Complete loss of sight in both eyes Loss of two limbs at or above the ankle or wrist Permanent complete paralysis of two limbs Brain injury resulting in incurable imbecility or insanity Other cases determined by SSS

SSS (Old Law)

Member (a) has reached age of 60 and (b) is not receiving monthly compensation of at least P300.00 OR Member has reached age of 65 (NOTE, this is in addition to required number of contributions) same

GSIS
Member has: Rendered at least 15 years in service Is at least 60 years old; and Is not receiving a monthly pension benefit from permanent total disability Complete loss of sight in both eyes Loss of two limbs at or above the ankle or wrist Permanent complete paralysis of two limbs Brain injury resulting in incurable imbecility or insanity Other cases determined by GSIS

GSIS (Old Law)

Member has: Rendered at least 15 years in service Is at least 60 years old Is separated from service

Disabilities deemed permanent total

System excused from liability

Temporary total disability lasting over 120 days Complete loss of sight in both eyes Loss of two limbs at or above the ankle or wrist Permanent complete paralysis of two limbs Brain injury resulting in incurable imbecility or insanity Other cases determined by Medical Director of SSS For all contingencies in the ff. cases: intoxication willful intent to injure or kill ones self or

Arises when recovery from disability is medically remote. Disability is defined as: any loss or reduction of earning capacity due to impairment of the normal functions of the physical and/or mental faculties which reduces a members ability to engage in any gainful occupation

For permanent disability, in the ff. cases: grave misconduct notorious negligence willful intent to kill self or

another notorious negligence

another habitual intoxication

ECC
Disabilities deemed permanent partial Complete and permanent loss of use of a digit, limb, ear (or both ears), hearing in one or both ears, or sight in one eye

SSS
Complete and permanent loss of use of a digit, limb, ear (or both ears), hearing in one or both ears, or sight in one eye

SSS (Old Law)

same

GSIS
Complete and permanent loss of use of a digit, limb, ear (or both ears), hearing in one or both ears, or sight in one eye

GSIS (Old Law)

When loss or reduction of earning capacity amounts to less than 75% or when aggregate loss or reduction of earning capacity amounts to less than 100%, as a result of an irrecoverable anatomical loss. P1,000 same To be provided by regulation.

Funeral Benefit - amount Who pays remittances? Notice requirement

P10,000 Employer Employee to notify employer within 5 days from injury or illness (unless it is no longer necessary under the exceptions) Employer to record the same in logbook within 5 days from notice Employer to notify SSS or GSIS within 5 days from recording in logbook SSS absolved unless notified of other claim prior to payment File claim with SSS or

P12,000 Employer and employee Employee to notify employer within 5 days from injury or illness (unless it is no longer necessary under the exceptions) Employer to notify SSS within 5 days from notice

P2,000 same same as new

P12,000 (to be raised to P18,000 in year 2002) Employer and employee

Effect of erroneous payment Dispute

File claim with SSS

same as new

Legal and eligible claimant may still demand benefits, without prejudice to right of GSIS to sue improper claimant 1. File claim with GSIS

GSIS feed from liability. Person entitled may sue wrongful recipient of benefit. same as new

settlement

GSIS Appeal to ECC Appeal to CA Appeal to SC

Appeal to Social Security Commission Appeal to CA Appeal to SC

2. 3. 4.

Appeal to GSIS Board Appeal to CA Appeal to SC

ECC
Exclusiveness of benefits May apply for same benefits under SSS, if in private sector. May apply for same benefits under GSIS, if in public sector (applying Maao Sugar Central vs. CA case)

SSS
May apply for same benefits in EC, if in private sector. May not receive benefits for same contingency under GSIS unless GSIS offers more (he may then receive deficiency)

SSS (Old Law)

May apply for same benefits in EC, if in private sector (Applying the case of Maao Sugar Central vs. CA) May not receive benefits for same contingency under GSIS unless GSIS offers more (he may then receive deficiency)

GSIS
Whenever other laws provide similar benefits for the same contingencies, member who qualifies has option to choose. If benefits chosen are less than under GSIS, he may get difference. However, with respect to work-connected illness and injuries, he may also recover in full under ECC, applying the Maao Sugar Central vs. CA case

GSIS (Old Law)

Whenever other laws provide similar benefits for the same contingencies, member who qualifies has option to choose. If benefits chosen are less than under GSIS, he may get difference. However, with respect to work-connected illness and injuries, he may also recover in full under ECC, applying the Maao Sugar Central vs. CA case