1. Coverage; Exclusions; Dependents; Beneficiaries; Benefits

A. SSS Law (R.A. No. 8282, as amended by R.A. No. 11199)

A. Social Security Act of 2018 (R.A. No. 11199)

• Benefits; Coverage and Exclusions
• Dependents and Beneficiaries

Going and Coming Rule

GR: Under the Employees’ Compensation Program, an injury sustained while going to or coming from work may be compensable when the conditions in the ECC Amended Rules on Employees’ Compensation, Annex A, are satisfied; there is no categorical commuting exclusion. The following case concerned the former Workmen’s Compensation Act and is cited only as historical authority. ||| (Iloilo Dock & Engineering Co. v. Workmen's Compensation Commission, G.R. No. L-26341, [November 27, 1968], 135 PHIL 95-122)

Social Security System Law (R.A. No. 8282)

Secondary

• Dependent parents
• Other legitimate descendants

Secondary

• Dependent parents
• Any other person designated

Lump Sum Alternative

Member may opt to receive the first 18 monthly pensions in lump sum but such is discounted at a preferential rate of interest.

Coverage:

This benefit applies to all employees EXCEPT (Go-Ma-Off-FiFa-DoPe):

• Government employees
• Managerial employees if they meet all of the following conditions:
• Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof.
• They customarily and regularly direct the work of two or more employees therein.
• They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight. (IRR Labor Code, Book III, Rule I, Sec. 2)
• Officer or members of a managerial staff if they perform the following duties and responsibilities:
• The primary duty consists of the performance of work directly related to management policies of their employer;
• Customarily and regularly exercise discretion and independent judgment; and
• (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or

(ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or

(iii) execute, under general supervision, special assignments and tasks; and

• Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above.
• Non-agricultural Field Personnel

Non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty) (Autobus Transport v. Bautista, G.R. No. 156367, 2005)

• Members of the Family of the employer who are dependent on him for support
• Domestic Helpers (excluded from the Labor Code’s Article 95 service-incentive-leave provision; however, kasambahays who have rendered at least one year of service are entitled to at least five days of paid annual service incentive leave under R.A. No. 10361, Sec. 29)

The mere fact that the househelper or domestic servant is working within the premises of the business of the employer and in relation to or in connection with its business, as in its staff houses for its guest or even for its officers and employees, warrants the conclusion that such househelper or domestic servant is and should be considered as a regular employee of the employer and not as a mere family househelper or domestic servant. (Apex Mining Company v. NLRC, G.R. No. 94951, 1991).

• Persons in the personal service of another
• Workers who are paid by Results (IRR Labor Code, Book III, Rule I, Sec. 2)

Loan

Treatment of salary loans; more flexible payment terms or condonation for delinquent payers.

Sickness Benefits [Sec. 14]