GSIS Survivorship…


Survivorship
When a member or pensioner dies, his or her beneficiaries are entitled to cash and/or pension benefits, subject to the existing rules and regulations on survivorship and policies on the maximum amount of survivorship pension.
Coverage
a. All primary and secondary beneficiaries residing in the Philippines or abroad \who are existing survivorship pensioners or claiming for survivorship benefit;
b. Those who were receiving survivorship benefits but were suspended when the policy on the same was amended and implemented in August 2009; and
c. Those who applied for survivorship benefits but were disapproved due to the issuance/approval of Management Implementing Guidelines (MIG) 01-2009 dated October 22, 2009 that took effect as early as August 2009, and MIG 04-2010 dated April 26, 2010.
Eligibility Requirements
1.When a member or pensioner dies, the primary beneficiaries (surviving legal spouse and dependent children) or secondary beneficiaries, as the case may be, shall be entitled to the applicable survivorship benefits.
2. The primary beneficiaries[1]
shall be the following:
a.The legitimate spouse, until s/he re-marries, or co-habits/engages in common-law relationship; and
b. The dependent legitimate, legally adopted or legitimated children, including illegitimate children, who have not reached the age of majority, or, have reached the age of majority but incapacitated and incapable of self-support due to a mental or physical defect acquired prior to age of majority.
3.The secondary beneficiaries shall be the dependent parents and, subject to the restrictions on dependent children, the legitimate descendants[2].
The secondary beneficiaries shall only be entitled to survivorship benefits if there are no primary beneficiaries[3].
Maximum Amount of Survivorship Pension
The surviving spouse shall be entitled to basic survivorship pension which is fifty percent (50%) of the Basic Monthly Pension (BMP) but not to exceed fifty percent (50%) of the current Step 8[4] salary of an Undersecretary, pursuant to the Salary Standardization Law and its amendments.
For example, if the salary of an Undersecretary is equal to P63,380.00 and the BMP of the deceased member/pensioner is equal to P70,000.00, the maximum amount of survivorship pension is P31,690.00 (50% of P63,380.00) for the surviving spouse, not P35,000.00 (50% of P70,000.00).
However, the existing survivorship pensioners (surviving spouse) who are receiving more than the said limit shall not be subjected to this policy.
For survivorship pensioners whose survivorship pensions were suspended as a result of the previous policy, the amounts accruing for the period they were suspended shall be restored by the GSIS, subject to the maximum amount of survivorship pension provided under this policy.On the other hand, for surviving spouse whose applications for survivorship benefits were denied as a result of the previous policy, their applications may be submitted to GSIS, and if found to be qualified, their benefits shall be granted and computed retroactively, subject to the maximum amount of survivorship pension provided under this policy.
The dependent children shall be entitled to dependent children’s pension for a maximum of five (5) children, equivalent to 10% of the BMP for each child but not to exceed fifty percent (50%) of the BMP, counted from the youngest and without substitution.
The maximum amount of basic survivorship pension prevailing at the time of death of the member or pensioner shall apply. Any subsequent increase/s in the Step 8 salary of an Undersecretary will not result in any adjustment to the survivorship pension already being received by the surviving spouse.
Disqualification / Discontinuance to Entitlement to Survivorship Pension of Dependent Spouse and/or Children
1. The payment of survivorship pension to the surviving spouse shall be discontinued when s/he re-marries, cohabits/engages in common-law relationship.
2. In the case of the dependent children, survivorship pension shall be discontinued upon reaching the age of majority.
3. When the dependent spouse and dependent children are already receiving the basic survivorship pension and dependent children’s pension, respectively, any subsequent death, emancipation or disqualification of any one of them shall not result in the accrual of that portion of benefits to the other beneficiaries.
Documentary Requirements
The application for survivorship benefits should be filed together with the documentary requirements, including the following affidavits:
a. Affidavit of Surviving Spouse;
b. Affidavit of Legal/Certified Guardian of Incapacitated Dependent Child. The Affidavit shall be supported by a court order or a Certification for Guardianship from the Barangay Captain/Official where the incapacitated dependent child is residing; and
c. Affidavit of Legal/Certified Guardian of Minor Dependent Child. The Affidavit shall be supported by a court order or a Certification for Guardianship from the Barangay Captain/Official where the minor dependent child is residing.
These shall be executed every year during Annual Renewal of Active Status (ARAS) and shall serve as the basis of GSIS in conducting further investigation as to qualification of dependent spouse and/or children.
Failure on the part of the survivorship pensioner/s to submit the required affidavit shall be a ground for the suspension of the survivorship pension.
Effectivity
The above policies on survivorship benefits shall be implemented retroactively from the time the existing policies on eligibility requirements of a surviving spouse to survivorship benefits were adopted.
[1] Sections 2 (f) and (g), Republic Act No. 8291
[2] Sections 2 (h)
[3] Section 21 (c)
[4] Step 8 is equivalent to P63,380.00.

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