Dear Atty. Joji,

My uncle has been receiving total disability benefits from the SSS after incurring a work-related injury that rendered him incapable of working again.  Few years after, he married. We’ve heard that his wife cannot be a beneficiary of his pension because they only got married after he suffered permanent total disability. Is this advice correct?

Chai

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Dear Chai,

In the decided case of Dolera v. SSS (G.R. No. 253940, 24 October 2023), the Supreme Court has voided the provision in the Social Security Act that disqualifies as primary beneficiaries those who become the legitimate spouse of the pensioner only after the latter suffered permanent total disability.

The Supreme, declared void the proviso “as of the date of disability” in Section 13-A(c) of Republic Act (RA) 8282, or the Social Security Act of 1997 (Social Security Law), for being contrary to the due process and equal protection clauses of the Constitution. The petition challenged the rulings of the Court of Appeals (CA) which had upheld the Order of the Social Security Commission (SSC) denying the surviving spouse’s application for survivorship pension following the death of her husband.

The Social Security Law is a social welfare legislation enacted pursuant to the policy of the State to promote social justice and provide protection to the workers and their beneficiaries against the hazards of contingencies, such as disability and death, resulting in loss of income or financial burden.  Section 13-A (c) thereof provides:

SEC. 13-A. Permanent Disability Benefits.

c. Upon the death of the permanent total disability pensioner, his primary beneficiaries as of the date of disability shall be entitled to receive the monthly pension[.]

Under Section 8 (k) of the Social Security Law, the term “primary beneficiaries” pertains to the following: (1) “the dependent spouse until he or she remarries”; and (2) “the dependent legitimate, legitimated or legally adopted, and illegitimate children.” Moreover, paragraph (e) of the same section provides that the surviving spouse, to be considered as a primary beneficiary, must be “entitled by law to receive support from the member.”

The Court finds the proviso “as of the date of disability” under Section 13-A (c) void for being violative of the equal protection and due process clauses of the Constitution.

Hope this helps.

Atty. Joji Alonso