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Republic Act

FURTHER AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED ELEVEN HUNDRED AND SIXTY-ONE, AS AMENDED, OTHERWISE KNOWN AS "THE SOCIAL SECURITY LAW"

Number
Presidential Decree No. 347
Date of approval
Sections
7
Preamble

WHEREAS, on the 23rd day of April 1973, Presidential Decree

No. 177 amended certain sections of Republic Act No. 1161, as amended,

otherwise known as "The Social Security Law"; and

WHEREAS, in order to bring about a more effective

implementation of the law and make the SSS even more responsive to the

needs of its members, it was found necessary to further amend certain

sections of the Social Security Law;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers in me vested by the Constitution as

Commander-in-Chief of all the Armed Forces of the Philippines, and

pursuant to Proclamation No. 1081, dated September 21, 1972, and General

Order No. 1, dated September 22, 1972, as amended, do hereby further

amend certain sections of the Social Security Law, to wit:

Section 1

SECTION 1. Section 3 (a) of the Social Security Law, as

amended, is further amended to read as follows:

"SEC. 3. Social Security System. — (a) To carry

out the purposes of this Act, the Social Security System with principal

place of business in Manila or Quezon City, Philippines is hereby

created. The SSS shall be directed and controlled by a Social Security

Commission composed of the Secretary of Labor, the SSS Administrator and

six appointive members, two of whom shall represent the labor group,

two, the management group and two, the general public, to be appointed

by the President. The Chairman of the Commission shall be designated by

the President of the Philippines from among the members of the

Commission. The term of the appointive members shall be three years: Provided,

That the terms of the first six appointive members shall be one, two,

and three years for every two members, respectively. All vacancies,

except through the expiration of the term, shall be filled for the

unexpired term only. The appointive members of the Commission shall

receive one hundred pesos per diem for each meeting actually attended by

them: Provided, That no compensation shall be paid for more

than eight meetings a month."

Section 2

SEC. 2. Section 12 of the Social Security Law, as amended,

is further amended by adding paragraph (d) to read as follows:

"SEC. 12. Retirement Benefits. — (d) Effective

January 1, 1974, upon the death of a retiree, a funeral grant of seven

hundred fifty pesos will be given to help defray the cost of funeral

expenses.”

Section 3

SEC. 3. Section 13 of the same Act is further amended

and Section 13-A is added to read as follows:

"SEC. 13. Death Benefits. — Effective January 1,

1974, upon the covered employee's death, the following benefits shall be

paid by the SSS:

"(A) To his beneficiaries or legal heirs, the basic lump sum

amount, plus five-twelfths of one percent of the basic lump sum amount

for each monthly contribution in excess of one hundred twenty and paid

as of the last day of the second quarter preceding the quarter of death;

"(B) To each of his minor unmarried legitimate children, but not

exceeding five, a monthly pension equivalent to twenty percent of the

pension amount computed in accordance with the schedule in Section 12(A)

and under such rules and regulations as the SSS may prescribe, until

the child reaches the age of twenty-one, gets married or becomes

gainfully employed: Provided, That any of the following

conditions is satisfied at the time of death:

"1. He shall have paid eighteen monthly contributions within

the thirty-six calendar month period ending on the last day of the

second quarter preceding the quarter of death.

"2. His payment ratio is not less than eighty percent: Provided,

further, That if none of the foregoing conditions are satisfied,

the SSS will pay his beneficiaries or legal heirs the benefit described

in Paragraph (A) of this Section multiplied by one and one-fourth and

further multiplied by his payment ratio: Provided, however,

That the death benefit shall not be less than the total contributions

paid by him and his employer in his behalf to the SSS nor less than five

hundred pesos: Provided, finally, That the covered employee

who dies in the month of coverage shall be entitled to the minimum

benefit.

"(C) A funeral grant of seven hundred fifty pesos to help defray

the cost of funeral expenses.

"SEC. 13-A. Permanent disability benefits.

— Upon the covered employee's permanent total disability, if such

disability occurs before he has paid thirty-six monthly contributions to

the SSS, he shall be entitled to the basic lump sum amount: Provided,

That any of the following conditions is satisfied at the time of

permanent total disability:

"1. He shall have paid eighteen monthly contributions within

the thirty-six calendar month period ending on the last day of the

second quarter preceding the quarter of permanent total disability;

"2. His payment ratio is not less than eighty percent: Provided,

That if none of the foregoing conditions are satisfied, his permanent

total disability benefit shall be the basic lump sum amount multiplied

by one and one-fourth and further multiplied by his payment ratio: Provided,

finally, That the permanent total disability benefit shall not be

less than the total contributions paid by him and his employer in his

behalf to the SSS nor less than five hundred pesos: Provided,

however, That a covered employee who becomes permanently totally

disabled in the month of coverage shall be entitled to the minimum

benefit.

"(B) If the disability is partial but permanent, the amount of

benefit shall be such percentage of the sum of the benefit described in

the preceding paragraph and five-twelfths of one percent of the basic

lump sum amount for each monthly contribution in excess of one hundred

twenty, with due regard to the degree of disability as the Commission

may determine: Provided, That the percentage degree of

disability shall not be additive for distinct, separate and unrelated

permanent partial disabilities, but shall be additive for deteriorating

and related permanent partial disabilities to a maximum of one hundred

percent, in which case the employee shall be deemed as permanently

totally disabled."

Section 4

SEC. 4. Section 17 of the same Act is further amended to

read as follows:

"SEC. 17. Fee of agents, attorneys, etc. — No

agent, attorney or other person in charge of the preparation, filing or

pursuing any claim for benefit under this Act shall demand or charge for

his services any fee and any stipulation to the contrary shall be null

and void. The retention or deduction of any amount from any benefit

granted under this Act for the payment of fees for such services is

prohibited. Violations of any provision of this Section shall be

punished by a fine of not less than five hundred nor more than five

thousand pesos, or imprisonment for not less than six month more than

one year, or both, at the discretion of the court."

Section 5

SEC. 5. Section 28

paragraph (a) of the same law is further amended to read as follows:

“SEC. 28. Penal clause. — (a) Whoever, for the

purpose of causing any payment to be made under this Act, or under an

agreement thereunder, where none is false statement or representation as

to any compensation made any false statement of a material fact in any

a claim for any benefit payable under this Act, or application for loan

with the SSS, or whoever makes or causes to document in connection with

such claim or loan, shall suffer the penalties provided for in Article

One hundred seventy-two of the Revised Penal Code.”

Section 6

SEC. 6. This Decree shall form part of the law of the land

and shall take effect immediately.

Done in the City of Manila, this 21st day of December, in the year

of Our Lord, nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES

Assistant Executive Secretary

7 sections

Cite this law

FURTHER AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED ELEVEN HUNDRED AND SIXTY-ONE, AS AMENDED, OTHERWISE KNOWN AS "THE SOCIAL SECURITY LAW" (Official Gazette). Retrieved via LawPlayer, https://lawplayer.com/ph/act/pd-347

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).

No copyright in works of the Government (RA 8293 s.176)

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