SC voids GSIS rule limiting survivorship benefits for secondary beneficiaries

The Supreme Court has struck down a Government Service Insurance System (GSIS) rule that restricted survivorship benefits for secondary beneficiaries, ruling that the agency exceeded its authority by imposing requirements not found in the law.

In a decision dated 24 February 2026 and written by Associate Justice Henri Jean Paul B. Inting, the Third Division declared Section 24.2.2 of the Revised Implementing Rules and Regulations of Republic Act No. 8291, or the GSIS Act of 1997, as ultra vires, or beyond the agency's rule-making authority.

The ruling prohibits the GSIS from enforcing the provision insofar as it conflicts with Section 21(c) of the law.

The case stemmed from the application of Petronilo B. Laroco, who sought survivorship benefits following the death of his daughter, Cristie C. Laroco, a public school teacher who had rendered 13 years of government service and paid GSIS contributions for 12 years.

Cristie died single and without children.

GSIS denied the claim, citing provisions in its implementing rules that limited survivorship benefits for secondary beneficiaries to cases where the deceased member had completed at least 15 years of government service.

The denial was later affirmed by the Court of Appeals.

Before the Supreme Court, Laroco argued that the GSIS unlawfully amended the law by removing rights expressly granted to secondary beneficiaries.

The high court agreed.

It ruled that under the GSIS Act, a secondary beneficiary is entitled to survivorship benefits when there is no primary beneficiary, the claimant satisfies the dependency requirements under the law, the member was in government service at the time of death, and the member had rendered at least three years of service.

According to the court, the GSIS rule improperly added another condition by requiring at least 15 years of government service before secondary beneficiaries could qualify.

The Supreme Court acknowledged that the GSIS may have intended to address what it viewed as an imbalance in the law, noting that some members must complete at least 15 years of service to qualify for pension benefits.

However, the court stressed that administrative agencies cannot amend legislation through implementing rules.

"The GSIS effectively assumed Congress' lawmaking authority," the court said.

The tribunal further explained that the law already distinguishes between beneficiaries based on the years of service rendered by the member.

Under the GSIS Act, beneficiaries of members who served at least 15 years may receive survivorship pension benefits, while those whose deceased relatives served at least three but less than 15 years may receive a cash benefit equivalent to 100 percent of the member's average monthly compensation for every year of credited service.

The Supreme Court ruled that any change to that framework must come from Congress and not through administrative regulations issued by the GSIS.