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PRESIDENTIAL DECREE NO. 347
PRESIDENTIAL DECREE NO. 347
- FURTHER AMENDING CERTAIN SectionS OF REPUBLIC ACT NUMBERED ELEVEN
HUNDRED AND SIXTY-ONE, AS AMENDED, OTHERWISE KNOWN AS "THE SOCIAL
SECURITY LAW"
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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".
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 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 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 Law, to wit:cralaw:red
Section 1. Section 3(a) of the Social Security Law,
as amended, is further amended to read as follows:cralaw:red
"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. Section 12 of the Social Security Law, as
amended, is further amended by adding paragraph (d) to read as follows:cralaw:red
"Sec. 12. Retirement Benefits. — (D) Effective
January 1, 1994 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. Section 13 of the same Act is further
amended and Section 13-A is added to read as follows:cralaw:red
"Sec. 13. Death benefits. — Effective January 1,
1974, upon the covered employee's death, the following benefits shall
be paid by the SSS:cralaw:red
(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 hundred twenty
and paid as of the last day of the second quarter preceding the quarter
of death;chanroblesvirtualawlibrary
(B) To each of his minor unmarried legitimate
children, but not exceeding five, a monthly pension equivalent to
twenty per cent 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:cralaw:red
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 per
cent. 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 shall dies in the month of coverage shall be entitled to
the minimum benefit.
"(C) A funeral grant 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 had 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:cralaw:red
"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;chanroblesvirtualawlibrary
"2. His payment ratio is not less than eighty per
cent.
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 per cent
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
per cent, in which case the employee shall be deemed as permanently
totally disabled."
Section 4. Section 17 of the same Act is further
amended to read as follow:cralaw:red
"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 pesos nor
more than five thousand pesos, or imprisonment for not less than six
months nor more than one year, or both, at the discretion of the
court."
Section 5. Section 28 paragraph (a) of the same law
is further amended to read as follows:cralaw:red
"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 authorized to be paid, shall make
or cause to be made false statement or representation as to any
compensation paid or received or whoever makes or causes to be made any
false statement of a material fact in any claim for any benefit payable
under this Act, or application for loan with the SSS, or whoever makes
or causes to be made any false statement, representation, affidavit or
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. 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.
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