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SOCIAL WELFARE LEGISLATION

COMPARATIVE CHART

ECC SSS GSIS


Basis Work-related illness or injury Occurrence of contingency whether or Occurence of contingecy whether or
not work-connected not work-connected
Coverage
Employee - Not over 60 years of age Compulsory Compulsory
Over 60 years but paying all employees not over 60 years All persons who have not
contributions to qualify for including: reached the compulsory
retirement or life insurance domestics receiving at least retirement age, irrespective of
P1,000 a month employment status
Self-employed EXCEPT:
individual farmers and members of AFP and PNP
fisherfolk contractuals who have no
partners and sole-proprietors employer-employee
actors/ actresses/ news relationship with agency
correspondents/ scriptwriters serviced
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)

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Employer All employers (private or public) Employers in private sector All government agencies and
instrumentalities, including GOCCs
Definition of Any person compulsorily Any person who performs services for Any person receiving compensation
employee covered by GSIS or SS an employer in which physical and/or while in the seervice of an
Any person employed as casual, mental efforts are used and who employer, whether by election or
emergency, temporary, substitute receives compensation for such appointment, irrespective of status
or contractual services, where there is an employer- of appointment, including barangay
employee relationship and sanggunian officials.
Self-employed is both employer and
employee NOTE -- COMPENSATION is
THE FOLLOWING, however, are not defined as:
considered employment: Basic pay or salary received
a) Purely casual employment excluding:
b) Service on alien vessel outside per diems
Philippines bonuses
c) Government service OT pay
d) Service for foreign organization or honoraria
government allowances
e) Other services of temporary and other other emoluments in addition to
employees excluded by SSC basic pay not integrated in basic
pay
Definition of Any person employing services of Any person who carries on in the The national government, its
employer employee (whether in the public or Philippines any trade, business, industry political subdivisions, branches,
private sector) or undertaking or activity and uses agencies or is\nstrumentalities,
services of another who is under his including GOCCs and financial
orders as regards the employment institutions with original charters,

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EXCEPT government (or GOCCs) the constitutional commissions and
(It therefore relates only to private sector judiciary (It therefore relates to
employment) public sector employment.)
Beneficiaries
Primary Dependent spouse until he Dependent spouse until he remarries Legal dependent spouse until
remarries Dependent legitimate, legitimated, he/she remarries
Dependent children legally adopted or illegitimate children Dependent children
(Leg. Children get only 50% share of
legitimate or adopted ones unless
there are no legitimate or adopted
children)
Secondary Dependent parents Dependent parents Dependent parents
Illegitimate children and Legitimate descendants, subject
legitimate descendants (subject to restrictions on dependent
to restrictions on dependent children
children)
Tertiary Any person designated as beneficiary
by the employee
Dependents Legitimate, legitimated, legally Legitimate, legitimated, legally Legitimate, legitimated, legally
adopted or acknowledged adopted or illegitimate child who is: adopted or illegitimate child who
natural child who is: a) unmarried is:
a) unmarried b) not gainfully employed a) unmarried
b) not gainfully employed c) has not reached 21 years of age or b) not gainfully employed
c) not over 21 years of age or over 21 UNLESS he is incapable c) is not over age of majority
over 21 UNLESS he is of self-support due to physical or UNLESS he is incapable of
incapable of self-support due mental defect which is congenital self-support due to physical

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to physical or mental defect or acquired during minority or mental defect acquired
which is congenital or prior to age of majority
acquired during minority
Legitimate spouse living with Legal spouse entitled by law to Legitimate spouse dependent for
employee receive support from member support on member
Parents of employee wholly Parent who is receiving regular Parents dependent on member
dependent on him for regular support from member for support
support
Benefits Medical Benefits
Rehabilitation services
Temporary Total Disability Sickness benefit Temporary Total Disability
Permanent Total Disability Permanent Total Disability Permanent Total Disability
Permanent Partial Disability Permanent Partial Disability Permanent Partial Disability
Death Benefit Death benefit Survivorship benefit
Funeral Benefit Funeral benefit Funeral benefit
Retirement benefits Retirement benefits
Separation benefit
1. separation
2. unemployment or involuntary
separation
Insurance
1. Compulsory
2. Optional
Entitlement to NONE available Member has reached age of 60 or 65 OPTIONAL - Member meets ff:
retirement benefits 1. has worked for at least 15 years;
2. is at least 60 years of age at time

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of retirement; and
3. is not receiving monthly pension
benefit from permanent total
disability

COMPULSORY - Member is 65
years with at least 15 years of
service (if service is less than 15
years, he may be allowed to
continue in accordance with Civil
Service Rules and Regulations)
Disabilities deemed 1. Temporary total disability lasting 1. Complete loss of sight in both eyes 1. Complete loss of sight in both
permanent total over 120 days 2. Loss of two limbs at or above the eyes
2. Complete loss of sight in both ankle or wrist 2. Loss of two limbs at or above
eyes 3. Permanent complete paralysis of two the ankle or wrist
3. Loss of two limbs at or above limbs 3. Permanent complete paralysis of
the ankle or wrist 4. Brain injury resulting in incurable two limbs
4. Permanent complete paralysis of imbecility or insanity 4. Brain injury resulting in
two limbs 5. Other cases determined by SSS incurable imbecility or insanity
5. Brain injury resulting in 5. Other cases determined by GSIS
incurable imbecility or insanity
6. Other cases determined by
Medical Director of SSS
System excused from For all contingencies in the ff. For permanent disability, in the ff.
liability cases: cases:
1. intoxication 1. grave misconduct
2. willful intent to injure or kill 2. notorious negligence

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ones self or another 3. willful intent to kill self or
3. notorious negligence another
4. habitual intoxication
Disabilities deemed Complete and permanent loss of use Complete and permanent loss of use of a Complete and permanent loss of use
permanent partial of a digit, limb, ear (or both ears), digit, limb, ear (or both ears), hearing in of a digit, limb, ear (or both ears),
hearing in one or both ears, or sight one or both ears, or sight in one eye hearing in one or both ears, or sight
in one eye in one eye
Funeral Benefit - P10,000 P12,000 P12,000 (to be raised to P18,000 in
amount year 2002)
Who pays Employer Employer and employee Employer and employee
remittances?
Notice requirement Employee to notify employer Employee to notify employer within 5
within 5 days from injury or days from injury or illness (unless it is
illness (unless it is no longer no longer necessary under the
necessary under the exceptions) exceptions)
Employer to record the same in Employer to notify SSS within 5 days
logbook within 5 days from from notice
notice
Employer to notify SSS or
GSIS within 5 days from
recording in logbook
Effect of erroneous SSS absolved unless notified of Legal and eligible claimant may still
payment other claim prior to payment demand benefits, without prejudice
to right of GSIS to sue improper
claimant
Dispute settlement 1. File claim with SSS or GSIS 1. File claim with SSS 1. File claim with GSIS
2. Appeal to ECC 2. Appeal to Social Security Commission 2. Appeal to GSIS Board

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3. Appeal to CA 3. Appeal to CA 3. Appeal to CA
4. Appeal to SC 4. Appeal to SC 4. Appeal to SC

Exclusiveness of May apply for same benefits May apply for same benefits in EC, if Whenever other laws provide
benefits under SSS, if in private sector. in private sector. similar benefits for the same
May apply for same benefits May not receive benefits for same contingencies, member who
under GSIS, if in public sector contingency under GSIS unless GSIS qualifies has option to choose. If
(applying Maao Sugar Central offers more (he may then receive benefits chosen are less than
vs. CA case) deficiency) 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

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