Dear Atty. Chris,

My father recently died due to natural death and my family members have been asking me for his Social Security Services (SSS) burial benefits. May I ask what are the benefits for the deceased?

Google is kind of tricky when I tried to search. Thanks, and God bless.

Leo

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Dear Leo,

According to Section 2, Republic Act [RA] 8282, the Social Security System (SSS) was enacted primarily with the end of promoting social justice and providing protection to its members and their beneficiaries against the hazards of disability, sickness, maternity, old age, death and other contingencies resulting in loss of income or financial burden. To ensure that these purposes are served, the law requires compulsory membership or coverage upon all employees not over the age of 60, as well as upon self-employed persons as may be determined by the Social Security Commission (Sec. 9 and 9-A, RA 8282).

In accordance to Section 13 of RA 8282, “Upon the death of a member who has paid at least 36 monthly contributions prior to the semester of death, his primary beneficiaries shall be entitled to the monthly pension: Provided, that if he has no primary beneficiaries, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to 36 times the monthly pension. If he has not paid the required 36 monthly contributions, his primary or secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly contributions paid to the SSS, or 12 times the monthly pension, whichever is higher.”

Furthermore, the following are the dependents of the deceased:

Spouse until he or she remarries

The dependent legitimate, legitimated, or legally adopted and illegitimate children of the deceased member, who shall be the primary beneficiaries of the member:

Provided, That the dependent illegitimate children shall be entitled to 50 percent of the share of the legitimate, legitimated or legally adopted children: Provided, further, that in the absence of the dependent legitimate, legitimated or legally adopted children of the member, his/her dependent illegitimate children shall be entitled to 100 percent of the benefits.

In the absence of the primary beneficiaries, the dependent parents shall be the secondary beneficiaries of the member. In the absence of the foregoing, any other person designated by the member as his/her secondary beneficiary shall receive the benefits due (Sec. 8[k], RA 8282). If no one qualifies as beneficiary, the death benefits shall be paid to the deceased member’s legal heirs in accordance with the law on succession (Sec. 15, ibid.).

On top of these, funeral benefits shall also be given to help defray the cost of funeral expenses upon the death of a member. (Sec. 13-B, RA 8282). This funeral grant in the amount of P20,000 shall be given to whoever pays the burial expenses of the deceased member, or pensioner.

Hope I answered your query.

Atty. Christoffer Liquigan