~ RECEIVE!

Republic of the Philippines IS GAN 2D
ATE

’ HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
Ist Regular Session

5962
HOUSE BILL NO.

Introduced by Representative Johnny T. Pimentel

EXPLANATORY NOTE

‘This House measure intends to revise the Charter of the Government Service Insurance System
in addressing the present circumstances of its members and the organization, The following are
the features of the said revision:

1

Emphasis on periods with paid premiums as basis for the computation of actual benefits
payable;

Revision of the definition of Average Monthly Compensation (AMC);
Revision of the computation of the Basic Monthly Pension (BMP);

Clarification and rationalization of the survivorship benefits and eligibility therefor,
including the pension of surviving spouse and dependent children, survivorship benefits
of members in active service, and survivorship benefits of members not in active
service;

Institutionalization of a sound and tax exempt social security system responsive to the
needs of government employees, pensioners and stakeholders:

Enhancement and expansion of the reinsurance functions of the GSIS by exempting the
same from the provisions of R.A. No. 9184 (Government Procurement Reform Act) or
any subsequent procurement law to allow foreign reinsurance entities to participate in
the reinsurance of government properties and interests without being limited by the
rigidity and other inflexible requirements of government procurement law, provided
that the contract to be awarded shall be the most advantageous for the GSIS or
Government of the Philippines guided by the principle of transparency and
competitiveness;

Exemption from Filing Fees and Government Procurement Law on Reinsurance
Contracts;

Without need of approval or review by the President of the Philippines or named
government agencies or instrumentalities, the GSIS shall continue to have the powers
to:

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a) Adopt or approve its annual and supplemental budget of receipts and expenditures
including salaries and allowances of GSIS personnel;

b) Approve certain appointments in the GSIS;

©) Approve GSIS’ organizational and administrative structures and staffing pattern;
and

d) Exemption from Land Reform Program and other existing or future land and
agrarian reform legislations.

9. All GSIS claims and benefits are now imprescriptible.

‘The passage of this Bill is earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

Eighteenth Congress
Ist Regular Session

HOUSE BILL NO. one

Introduced by Representative Johnny T. Pimentel

THE REVISED CHARTER OF THE
GOVERNMENT SERVICE INSURANCE SYSTEM

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. ~ This Act shall be known as the “Revised GSIS Act.” (1a)

SEC. 2. Declaration of Policy. — The State shall provide, develop and promote a sound
and tax-exempt social security system responsive to the needs of its government employees,
pensioners and stakeholders. Accordingly, the State shall review and strengthen policies that
advance and protect the welfare of employees in the public sector and ensure their right to
participate in policy and decision-making processes affecting their rights and benefits. Toward
this end, the State shall:

(a) Establish a premier and financially viable government social insurance institution
providing excellent service to its members, pensioners and other constituents;

(b) Ensure the adoption of policies beneficial to GSIS members, pensioners and other
constituents, toward a responsible, integrated, autonomous, automated and transparent social
security system;

(©) Provide greater representation for members at the highest policy-making level of
the GSIS; and

(d) Preserve and sustain the fiscal stability of the System, financial viability and
actuarial solvency of the fund and protect the rights and benefits of members. (n)

A. DEFINITIONS,

SEC. 3. Definition of Terms. ~ Unless the context indicates otherwise, the following
terms shall mean:

(a) Active Member — A member who is not separated from the service.

(b) Average Monthly Compensation (AMC) — The quotient arrived at after dividing the
aggregate compensation received by the member during his/her last thirty-six (36) months of

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service, with premium payments, preceding his/her separation/retirement/disability/death by
thirty-six (36) or by the number of months he/she received such compensation if he/she has
less than thirty-six (36) months of periods with premium payments: Provided, That for the new
entrant and those active members with less than fifteen (15) years with paid premiums in
government service at the time of the effectivity of this Act, the AMC shall be his/her quotient
arrived at after dividing the aggregate compensation received by the member during his/her
last sixty (60) months of service, with premium payments, preceding his/her
separation/retirement/disability/death by sixty (60), or by the number of months he/she
received such compensation if he/she has less than sixty (60) months of periods with premium
payments. (n)

Provided further, that the AMC in no case exceed the amount and rate as may be
respectively set by the Board under the rules and regulations implementing this Act as
determined by the actuary of the GSIS.

(©) Benefits — Unless otherwise provided in this Act, Benefits shall refer to those
administered by GSIS on behalf of its members, as found under Sections 11 to 34 of this Act,
specifically: retirement, separation, unemployment, disability, funeral, survivorship and life
insurance.

(d) Board — The Board of Trustees of the GSIS.

() Compensation — The basic pay or salary received by an employee, pursuant to
his/her election or appointment, excluding per diems, bonuses, overtime pay, honoraria,
allowances and any other emoluments received in addition to the basic pay which are not
integrated into the basic pay under existing laws.

(f) Current Daily Compensation — For purposes of computing disability benefits, it
refers to the actual daily compensation or the actual monthly compensation divided by the
number of working days in the month of contingency but not to exceed twenty-two (22)
working days.

(g) Disability — Any loss or impairment of the normal functions of the physical and/or
mental faculties of a member which reduces or eliminates his/her capacity to continue any
gainful occupation.

(h) Employer — The national government, its political subdivisions, branches, agencies
or instrumentalities, including, government-owned or controlled corporations with or without
original charters, and government financial institutions with original charters, the constitutional
commissions and the judiciary.

(i) Employee or Member ~ Any person, receiving compensation as defined herein
while in the service of the employer, whether by election or appointment, irrespective of status
of appointment, including barangay and sanggunian officials.

() Gainful Occupation — Any productive activity that provides the member with
income at least equal to the minimum compensation of government employees.

(k) GSIS — The Government Service Insurance System created by Commonwealth Act
(C.A.) No. 186, as amended.

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(1) Inactive Member — A member who is separated from the service, either by
resignation, retirement, disability, dismissal, or retrenchment.

(m) Legal Heir - Refers to those heirs other than primary and secondary beneficiaries
defined under this Act, who are entitled to succession as defined by law. For purposes of
claiming benefits under this law, the GSIS shall only consider legal heirs up to 4" civil degree
of consanguinity.

(n) New Entrant — refers to new government employees covered by this Act who enters
government service after the effectivity of this Act.

(0) Periods with Paid Premiums (PPP) - Refers to the periods of service of a regular
member while in government service for which the corresponding compulsory premium
contributions were actually paid and remitted to the GSIS.

(p) Pensioner ~ Any person receiving old-age or permanent total disability pension or
any person who has received retirement benefits: Provided, however, that one who is receiving
survivorship pension benefits as defined in Sections 29 to 31 of this Act is not a pensioner.

(q) Permanent Partial Disability — Accrues or arises upon the irrevocable loss or
impairment of certain portion/s of the physical faculties, despite which the member is able to
pursue a gainful occupation.

(©) Permanent Total Disability — Accrues or arises when recovery from the impairment
mentioned in Section 3(u) is medically remote.

(3) Primary beneficiaries ~The legal dependent spouse until he/she remarries and the
dependent children,

(t) Secondary beneficiaries ~ The dependent parents and legitimate descendants other
than the dependent children.

(u) Temporary Total Disability — Accrues or arises when there is impairment of
physical and/or mental faculties which can be rehabilitated and/or restored to their normal
functions.

(v) Total Assets — As used under this Act, refers to the value of total assets as appearing
in the GSIS" statements of financial position.

(w) Total Length of Service — The number of years in government service, regardless
of status of employment, with or without premium contributions, to be used in determining the
eligibility of a member for retirement under this Act. The term service shall include full-time
service with compensation; Provided, That part-time and other services with compensation
‘may be included under such rules and regulations as may be prescribed by the GSIS.

B. MEMBERSHIP IN THE GSIS

SEC. 4. Compulsory Membership. ~ (a) All government personnel, officers and
employees, whether elective or appointive, irrespective of status of appointment, provided they

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are receiving fixed monthly compensation and have not reached the mandatory retirement age
of 65 years, are compulsorily covered as members of the GSIS and shall be required to pay
contributions;

(b) Contractual and casual employees who have an employee-employer relationship
with a government agency are also compulsorily covered:

(c) An employee who is already in the government service and reaches the mandatory
retirement age of 65 but whose service has been extended by the Civil Service Commission
(CSC) for the purpose of completing the fifteen (15) years of service required under Republic
Act (R.A.) No. 8291 to qualify for retirement benefits;

(d) The following are not members of the GSIS:

(1) Barangay officials and other government officials who are not receiving fixed
monthly compensation;

(2) Personnel who are not receiving fixed monthly compensation and/or do not have
monthly regular hours of work;

(3) Personnel covered by contract of service including consultancy and job order, where
no employee-employer relationship exists between the individual and the employer;
and

(4) Uniformed personnel of the Armed Forces of the Philippines (AFP), Philippine
National Police (PNP), Bureau of Fire Protection (BFP) and Bureau of Jail Management
and Penology (BIMP).

(c) The following, who are covered by separate retirement schemes, are also required
to remit regular monthly contributions to the GSIS for their life insurance policies in order to
answer for their life insurance benefits defined under this Act:

(1) Members of the constitutional bodies:

(2) Members of the judiciary, including those with equivalent ranks;

(3) Members of the National Prosecution Service;

(4) Members of the Public Attorney's Office; and

(5) All others who are or may be subsequently covered by a separate retirement law,
Ga)

SEC. 5. Optional Membership. ~ The following shall be given the option to continue
their membership in GSIS, even beyond the mandatory retirement age of 65:

(a) An official elected to public office before age 65 but who will reach the mandatory
retirement age of 65 during his/her term shall be allowed to continue paying life and retirement
premiums until the end of his/her term, including any periods of re-election or election to
another public office: Provided, That such period/s of re-election or election are continuous;

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(b) An official appointed by the President of the Philippines to public office before age
65 fora fixed term and with a fixed monthly compensation, but who will reach the mandatory
retirement age of 65 during his/her tenure shall be allowed to continue paying life and
retirement premiums until the end of his/her tenure, including any period/s of term extension
or re-appointment to another office: Provided, That the period/s of extension or re-appointment
is/are continuous;

(c) Non-presidential appointees whose services are extended pursuant to special laws
such as, but not limited to, R.A. No. 8292 (Higher Education Modernization Act of 1997) and
R.A. No. 9500 (University of the Philippines Charter of 2008). The appointee shall be given
an option to continue paying premium contributions upon reaching the age of 65 until the end
of his/her extended service;

(4) An official or employee who holds a co-terminus or highly confidential position
who reaches the age of 65 years, and whose services are considered automatically extended
until the expiration of the employee’s or official’s appointment or until the employee's or
official's services are earlier terminated shall be allowed to continue paying life and retirement
premiums until the end of his/her tenure; and

(©) An official or employee whose period of government service is extended by
appropriate authorities and who continues to pay his/her life and retirement premiums until the
end of his/her tenure. (n)

SEC. 6. Effect of Separation from the Service. — A member separated from the service
cither by resignation, retirement, disability, dropping from the rolls, dismissal from the service
or retrenchment, or those who are qualified for compulsory retirement but opted not to continue
membership in the GSIS shall be deemed an inactive member of the system. An inactive
member shall be eligible to whatever benefits he/she has already qualified for in the event of
any contingency compensable under this Act. (4a)

C. SOURCES OF FUNDS
SEC. 7. Contributions ~

(a) It shall be mandatory for the member and the employer to pay the monthly
contributions specified in the following schedule:

Monthly Compensation Percentage of Monthly
‘Compensation Payable by
Member Employer
1. Maximum
Average
Monthly 9.0% 12.0%

Compensation
(AMC) Limit and Below

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II Over the Maximum,

. AMC Limit
-Up to the Maximum 9.0% 12.0%
AMC Limit
-In Excess of the AMC Limit 2.0% 12.0%

Members who are excluded from compulsory retirement coverage as enumerated under
Section 4(c) of this Act shall pay three percent (3%) of their monthly compensation as personal
share, and their employers a corresponding three percent (3%) for their life insurance coverage.

(b) It shall be mandatory and compulsory for all employers to include in their annual
appropriations the necessary amounts for the payment of its share of the contributions indicated
above, plus any additional premiums that may be required on account of the hazards or risks
‘employees’ occupation .

(c) The appropriate penal, civil and administrative sanctions under Section 66 of this
Act shall be imposed upon employers who fail to include the payment of contributions in their
annual appropriations or otherwise fail to remit the accurate/exact amount of contributions on
time, or delay the remittance of premium contributions to the GSIS. The heads of offices and
agencies shall be administratively liable for non-remittance or delayed remittance of premium
contributions to the GSIS. (Sa)

SEC. 8. Collection and Remittance of Contributions. — (a) The employer shall report to
the GSIS the names of all its employees, their corresponding employment status, positions,
salaries and such other pertinent information, including subsequent changes therein, if any, as
may be required by the GSIS. The employer shall deduct each month from the monthly salary
or compensation the contributions payable by him/her in accordance with the schedule
prescribed in the rules and regulations implementing this Act and the loan amortizations of
each employee.

(b) Each employer shall remit directly to the GSIS the employees’ and employers’
contributions and loan amortizations within the first ten (10) days of the calendar month
following the month to which the contributions apply. The collection and remittance by the
employer of the contributions and loan amortizations to the GSIS shall take priority over and
above the payment of any and all obligations, except salaries and wages of its employees.

(©) Alll outstanding government share premium contributions which were not paid by
any government office or agency, including interest, shall be included in the annual budget and
shall be remitted automatically by the Department of Budget and Management (DBM) to the
GsIs.

(d) The deduction and remittance by the employer of loan amortizations due to the
GSIS shall, at all times, take priority over and above the deductions and payment of any and
all obligations and payment of any and all obligations of the member due to private creditors,
(6a)

SEC. 9. Penalties on Delayed Remittances ~ Agencies which delay the remittance of
the monthly premium contributions and other amounts due the GSIS shall be charged a penalty
in the form of interest per month or a portion thereof as may be prescribed by the Board but

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not less than two percent (2%) simple interest.
concerned. (7a)

uch interest shall be paid by the employers

SEC. 10. Government Guarantee - The Government of the Republic of the Philippines
hereby guarantees the fulfillment of the obligations of the GSIS to its members as and when
they fall due and accepts general responsibility for the solvency of the GSIS. (8a)

D. BENEFITS

SEC. 11. Determination of Amount of Benefits. — (a) The computation of total length
of service for the purpose of determining a member's eligibility to the retirement benefits
payable under this Act shall be based on the service rendered starting from the date of
assumption of office by virtue of a valid appointment or election, including periods of service
at different times under one or more employer/s, those performed overseas under the authority
of the Republic of the Philippines, and those which may be prescribed by the GSIS in
coordination with the CSC.

(b) The computation of actual benefits payable under this Act shall be based on periods
with paid premiums.

For the purpose of this Section, the term service shall include full-time service with
compensation: Provided, That part-time and other services with compensation may be included
under such rules and regulations as may be prescribed by the GSIS. (10a)

RETIREMENT BENEFITS.
SEC. 12. General Conditions for Entitlement, - A member who retires from service

shall be entitled to the retirement benefits enumerated in Section 13(a) hereof: Provided, That
the member:

(a) Has rendered at least fifteen (15) years of service;
(b) Is at least sixty (60) years of age; and

(©) Is not receiving a monthly pension benefit from permanent total disability under
this Act. (13-A)

SEC. 13. Retirement Benefits. — (a) Retirement benefit shall either be:

(1) Lump sum payment equivalent to sixty (60) months of the member's basic monthly
pension (BMP) payable at the time of retirement plus an old-age pension benefit equal to the
basic monthly pension payable monthly for life, starting upon expiration of the five-year (5)
period covered by the cash payment; or

(2) Cash payment equivalent to eighteen (18) months of the member's basic monthly
pension plus monthly pension for life payable immediately starting from date of retirement.

(b) Unless the service is allowed under Section 5 of this Act or extended by appropriate
authorities, retirement shall be compulsory for an employee at sixty-five (65) years of age:
Provided, That if the employee has less than fifteen (15) years of service, he/she may be

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allowed to continue in the service in accordance with existing civil service rules and
regulations. (13)

SEC. 14. Computation of the Basic Monthly Pension (BMP). —

(a) The basic monthly pension is equal to two and one half percent (2.5%) multiply by
the Average Monthly Compensation multiply by the periods with paid premiums: Provided,
‘That the basic monthly pension shall not exceed ninety percent (90%) of the Average Monthly
‘Compensation.

(b) For the new entrant and those active members with less than fifteen (15) years with
paid premiums in government service at the time of effectivity of this Act, the basic monthly
pension is equal to two percent (2%) multiply by the Average Monthly Compensation
multiply by the periods with paid premiums: Provided, That the basic monthly pension shall
not exceed ninety percent (80%) of the Average Monthly Compensation.

(©) The basic monthly pension (BMP) may be adjusted upon the recommendation of
the GSIS’ Actuary and the GSIS President and General Manager (PGM), and approved by the
Board of Trustees in accordance with the rules and regulations prescribed by the GSIS. (9a)

SEC. 15. Periodic Pension Adjustment. ~ The monthly pension of all pensioners
including all those receiving survivorship pension benefits shall be periodically adjusted as
‘may be recommended by the GSIS Actuary and the GSIS PGM, and approved by the Board of
Trustees of GSIS in accordance with the rules and regulations prescribed by the GSIS. (14)

SEPARATION BENEFITS
SEC. 16. General Conditions for Entitlement. - A member who separates from the
service before he/she is eligible for retirement under Section 12 of this Act shall be entitled to
the separation benefits enumerated in Section 17 hereof: Provided, That the member:

(a) Has rendered at least three (3) years of service; and

(b) Is not receiving a monthly pension benefit from permanent total disability under
this Act.

SEC. 17. Separation Benefits. ~ The separation benefit shall be paid as follows:

(a) Ifthe member has rendered at least three (3) years but less than fifteen (15) years
of service at the time of resignation or separation, he/she shall be entitled to a one-time cash
payment equivalent to one hundred percent (100%) of his/her Average Monthly Compensation
for each year of service that he/she paid premium contributions, but not less than Twelve
thousand pesos (Php 12,000). The one-time cash payment shall be payable immediately or upon
reaching sixty (60) years of age, at the option of the member: Provided, That the Average
Monthly Compensation of new entrants in government service is equivalent to the average
salary received by the member during the last five (5) years of service with paid premiums;

(b) If the member has rendered at least fifteen (15) years of service but is below sixty
(60) years of age at the time of resignation or separation, he/she shall be entitled to a one-time
cash payment equivalent to eighteen (18) times his/her basic monthly pension at the time of

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resignation or separation, plus an old-age pension benefit equal to the basic monthly pension
payable monthly for life upon reaching the age of sixty (60). (I 1a)

SEC. 18. Effect of Re-Employment in Government Service afier Separation. — All
services credited for retirement, resignation or separation for which corresponding benefits
have been paid under this Act or other laws shall in all cases and without any exception, be
excluded in the computation of service in case of reinstatement in government service and
subsequent retirement or separation which is compensable under this Act. Notwithstanding any
other laws and rules and regulations to the contrary, no refund or return of any applicable
retirement or separation benefits previously availed and received shall be allowed for purposes
of including the prior government services credited for retirement, resignation or separation
where benefits have already been paid to the total years of government service in case of
subsequent retirement or separation. (10 (b) a)

UNEMPLOYMENT BENEFITS,

SEC. 19. General Conditions for Entitlement. — A member who is separated from the
service due to the abolition of his/her office or position resulting from reorganization shall be
entitled to the unemployment benefits enumerated in Section 20 hereof: Provided, That the
member:

(a) Has been paying the required premium contributions for at least one (1) year prior
to separation;

(b) Has no pending application of separation benefits or has not been paid the voluntary
separation benefit equivalent to one-time cash payment or 18 times the basic monthly pension,
should he/she opt to avail of the same; and

(©) Has not availed of any early retirement program as a result of his/her office’s
reorganization.

SEC. 20. Unemployment or Involuntary Separation Benefits ~ Unemployment benefits
shall be computed as fifty percent (50%) of the Average Monthly Compensation of the
member, payable in accordance with the following schedule:

Contributions Made Benefit Duration
1 year but less than 3 years 2 months
3 or more years but less than 6 years 3 months
6 or more years but less than 9 years 4 months
9 or more years but less than 11 years 5 months
11 of more years but less than 15 years 6 months

The first payment shall be equivalent to two (2) monthly benefits. A seven (7) day
ing period shall be imposed on succeeding monthly payments.

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All accumulated unemployment benefits paid to the employee during his/her entire
membership with the GSIS shall be deducted from voluntary separation benefits.

‘The GSIS shall prescribe the detailed guidelines in the operationalization of this Section
in the rules and regulations implementing this Act. (12a)

PERMANENT DISABILITY BENEFITS

SEC. 21. General Conditions for Entitlement. — A member who suffers permanent
disability for reasons not due to his/her grave misconduct, notorious negligence, habitual
intoxication, or willful intention to kill himself/herself or another, shall be entitled to the
disability benefits provided for in this Act: Provided, that he/she was in the service at the time
of disability. (15a)

SEC. 22. Types of Disability Benefits, ~ There are two (2) types of permanent disability,
which shall be determined by the GSIS based on established medical standards: (a) permanent
total disability and (b) permanent partial disability. (n)

SEC. 23. Permanent Total Disability Benefits. —

(a) The following disabilities shall be deemed permanent and total:
(1) Complete loss of sight of both eyes;

(2) Loss of two (2) limbs at or above the ankle and wrist;

(3) Permanent complete paralysis of two (2) limbs;

(4) Complete loss of hearing of both ears;

(8) Brain injury resulting in physical incapacity, incurable imbec

or insanity; and
(6) Such other cases as may be determined by the Board of Trustees.

(b) The member shall receive a monthly income benefit for life equal to the basic
monthly pension effective from the date of disability.

(©) A cash payment equivalent to eighteen (18) times his/her basic monthly pension
shall also be given if the member is in the service at the time of disability and he/she has paid
a total of at least one hundred eighty (180) monthly contributions.

(4) A member cannot enjoy the monthly income benefit for permanent disability and
old-age retirement simultaneously.

(e) Ifa member does not satisfy the conditions stated under Section 21 hereof but has
rendered at least three (3) years of service at the time of his/her disability, he/she shall be
advanced the cash payment equivalent to one hundred percent (100%) of his/her Average
Monthly Compensation for each year of service he paid contributions, but not less than Twelve
‘Thousand Pesos (Php 12,000.00) which should have been his/her separation benefit.

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(f) Unless the member has reached the minimum retirement age at the time of disability,
his entitlement to permanent total disability benefit shall be suspended when:

(1) He/she recovers from disability as determined by the GSIS, whose decision shall be
final and binding; or

(2) He/she fails to undergo medical examination when required by the GSIS. (16a)
PERMANENT PARTIAL DISABILITY BENEFITS

SEC. 24. Permanent Partial Disability Benefits. ~

(a) The following disabilities shall be deemed permanent partial:

1. SCHEDULED - Complete and permanent loss of the use of:

(iv) One hand

(v) One foot

(vi) One leg

(vii) One or both ears

(viii) Hearing of one or both ears
(ix) Sight of one eye

2. NON-SCHEDULED - Such other cases as may be determined by the GSIS.

(b) The member shall receive a cash payment in accordance with a schedule of
disabilities to be prescribed by the GSIS. (17a)

TEMPORARY TOTAL DISABILITY BENEFITS

SEC. 25. General Conditions for Entitlement. — An active member whose injuries result
in temporary incapacity to work or to engage in any occupation shall be entitled to the
temporary total disability benefit provided for in this Act. (n)

SEC. 26. Temporary Total Disability Benefit. — (a) A member who suffers temporary
total disability for reasons not due to any of the conditions enumerated in Section 21 hereof
shall be entitled to seventy-five percent (75%) of his/her current daily compensation for each
day or fraction thereof of temporary disability benefit not exceeding one hundred twenty (120)
days in one calendar year after exhausting all his/her sick leave credits and collective
bargaining agreement sick leave benefits, if any, but not earlier than the fourth day of his/her
temporary total disability: Provided, That:

(1) he/she is in the service at the time of his/her disability; or

(2) if separated, he/she has rendered at least three (3) years of service and has paid at
least six (6) monthly contributions in the twelve-month period immediately preceding
his/her disability.

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Provided, however, That a member cannot enjoy the temporary total disability benefit
and sick leave pay simultaneously: Provided, further, That if the disability requires
more extensive treatment that lasts beyond one hundred twenty (120) days, the
payment of the temporary total disability benefit may be extended by the GSIS but
not to exceed a total of two hundred forty (240) days.

(b) The temporary total disability benefit shall in no case be less than Seventy pesos
(Php70.00) a day.

(€) The notices required of the member and the employer, the mode of payment, and
the other requirements for entitlement to temporary total disability benefits shall be provided
in the rules and regulations to be prescribed by the GSIS. (18a)

SEC. 27. Non-scheduled Disability. — For injuries or illnesses resulting in a disability
not listed in the schedule of partial/total disability provided herein, the GSIS shall determine
the nature of the disability and the corresponding benefits therefor. (19)

DEATH BENEFITS

SEC. 28. Funeral Benefit. ~ The amount of funeral benefit shall be determined and
specified by the GSIS in the rules and regulations implementing this Act but which shall not
be less than Thirty Thousand Pesos (Php30,000.00): Provided, That it may be adjusted after
every five (5) years upon recommendation of the GSIS Actuary and the GSIS PGM and
approved by the Board in accordance with the rules and regulations prescribed by the GSIS.
‘The funeral benefit shall be paid upon the death of any of the following:

(a) A member who:

(1) died while in active service; or

(2) although separated from government service, is or would have been entitled to
future separation or retirement benefits under Section 17 (“Separation Benefits”) or Section 13
(“Retirement Benefits”) of this Act, respectively, and the rule on constructive filing shall apply

in case there is also a filed claim for survivorship benefit.

(3) retired under R.A. No. 1616 prior to 24 June 1997 with at least 20 years of service,
regardless of age; or

(4) retired under R.A. No. 1616 on or after 24 June 1997, with at least 20 years of
service, and is at least 60 years of age at the time of his/her retirement.

(b) An old-age or disability pensioner. (23a)
SURVIVORSHIP BENEFITS
SEC. 29. General Entitlement to Survivorship Benefits. When a member or pensioner

dies, the qualified beneficiaries, shall be entitled to the following survivorship benefits,
ever is applicable. (n)

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SEC. 30. Survivorship Pension. ~ The survivorship pension shall consist of:

(a) The basic survivorship pension which is fifty percent (50%) of the basi monthly
pension but shall not be more than fifty percent (50%) of the current Step 8 salary of an
Undersecretary. The cap on the survivorship pension may be reviewed every five (5) years by
the Board, upon recommendation of the GSIS Actuary and the GSIS PGM, and approved by
the Board of Trustees in accordance with the rules and regulations prescribed by the GSIS, by
considering the issuances on the salary standardization law.

(b) The dependent children’s pension equivalent to ten percent (10%) of the basi¢
monthly pension for each child not exceeding fifty percent (50%) of the basic monthly pension
but which shall not be more than fifty percent (50%) of the current Step 8 salary of an
Undersecretary.

(©) The maximum amount of basic survivorship pension prevailing at the time of
death of the member or pensioner shall apply. Any subsequent increase in the Step 8 salary of
an Undersecretary will not result in any adjustment to the survivorship pension already being
received.

(4) The survivorship pension shall not be guaranteed yearly adjustments due to
inflation.

(1) Cash payment equivalent to eighteen (18) months BMP; or

(2) Cash payment equivalent to one hundred percent (100%) of the AMC for
every period with paid premiums but not less than Twelve Thousand Pesos
(Php 12,000.00).

SEC. 31. Death of.a Member. — Upon the death of a member, the qualified beneficiaries
shall be entitled to:
(a) Survivorship pension: Provided, That the deceased:

(1) Was in the service at the time of his death and has rendered at least fifteen
(15) years of period with paid premiums (PPP); or

(2) If separated from the service, has at least fifteen (15) years of PPP.

(b)_ The survivorship pension plus a cash payment equivalent to eighteen (18) months
BMP: Provided, That the deceased was in the service at the time of his death with at least
fifteen (15) years of PPP;

(©) Accash payment equivalent to one hundred percent (100% of the AMC for each
year of period with paid premiums, but not less than Twelve Thousand Pesos (P12,000.00):
Provided, That the deceased member was in the service at the time of his death or if separated
from the service, has at least three (3) years of PPP.

The survivorship pension shall be paid as follows:

Page 15 of 30


(a) when the dependent spouse is the only survivor, he/she shall receive the basi
survivorship pension for life or until he/she remarries, cohabits, or engages in a common-law
relationship;

(b)_ when only the dependent children are the survivors, they shall be entitled only to
the dependent children’s pension for a maximum of five (5) children for as long as they are
qualified, counted from the youngest and without substitution;

(©) when the survivors are the dependent spouse and the dependent children, the
dependent spouse shalll receive the basic survivorship pension for life or until he/she remarries,
cohabits, or engages in a common-law relationship, and the dependent children shall receive
the dependent children’s pension;

(4) 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 entitle the other
beneficiaries to the forfeited share;

(©) when the retiree dies before reaching sixty (60) years of age but has already
received the separation benefit in the form of cash payment equivalent to 18 months BMP, the
survivorship pension shall be paid effective from the date of death;

(f) when the pensioner dies within the 5-year period after receiving the five-year
lump sum, the survivorship pension shall be paid only after the expiration of the said five-year
period.

Survivorship Benefits of Members in Active Service

(a) Ifat the time of death, a member was in the service and had rendered at least fifteen
(15) years of PPP:

(1) Hisher primary beneficiaries shall receive the survivorship pension and cash
payment equivalent to eighteen (18) times the BMP; or

(2) In the absence of primary beneficiaries, his/her secondary beneficiaries shall
receive the cash payment equivalent to 18 times the BMP; or

(3) In the absence of the primary and secondary beneficiaries, the legal heirs of the
member shall receive the cash payment equivalent to 18 times the BMP;

(b) Ifat the time of death, the member was in the service with less than fifteen (15) years
of PPP; his primary beneficiaries shall receive the cash payment equivalent to 100% of the
AMC for every PPP.

Survivorship Benefits of Inactive Members

(a) Survivors of members who retired under retirement laws not administered by the
GSIS shall not receive any survivorship benefits;

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(b) Primary beneficiaries of inactive members who have at least fifteen (15) years of
PPP shall receive the survivorship pension only;

(©). Primary beneficiaries of inactive members who have at least three (3) years of PPP
but less than fifteen (15) years and were less than sixty (60) years of age at the time of death
shall receive a cash benefivpayment equivalent to 100% of the deceased inactive member's
AMC for every year PPP, but not less than Php 12,000;

(d) Primary beneficiaries of inactive members who have less than fifteen (15) years of
PPP and were at least sixty (60) years of age at the time of separation from the service, shall
not be entitled to receive survivorship benefits. However, if the member has not yet received
separation benefit within four (4) years after his/her separation, the primary beneficiaries shall
receive the cash benefit equivalent to 100% of the inactive member's AMC for every year of
PPP, but not less than Php12,000.

LIFE INSURANCE BENEFITS

SEC. 32. Compulsory Life Insurance. — All employees, except for those enumerated
under Section 4(e) of this Act, shall, under such terms and conditions as may be promulgated
by the GSIS, be compulsorily covered with life insurance, which shall automatically take effect
on the date of their employment. (24a)

SEC. 33. Dividends. — An annual dividend may be granted to all members of the GSIS
whose life insurance is in force for at least one (1) year in accordance with a dividend allocation
formula to be determined by the GSIS. (25)

SEC. 34. Optional Insurance. ~ Subject to the rules and regulations prescribed by the
GSIS, a member may apply for insurance and/or pre-need coverage embracing life, health,
hospitalization, education, memorial plans, and such other plans as may be designed by the
GSIS, for himself/herself and/or his/her dependents. Any employer may likewise apply for
group insurance coverage for its employees. The payment of the premiums/installments for
optional insurance and pre-need products may be made by the insured or his/her employer
and/or any person acceptable to the GSIS. (26)

NON-LIFE INSURANCE

SEC. 35. Insurance and Reinsurance. —\n line with its mandate under R.A No. 656 as.
amended and other related laws, the GSIS shall engage in all kinds of insurance and reinsurance
and all other forms of undertaking to indemnify any person or party against loss, damage, of
liability, including third party liability, arising from unknown or contingent event, properties
or assets, contracts or agreements, causes or rights of action, or other insurable interests, to the
extent of the interests of the government, against any insurable risk.

‘The GSIS shall have the authority to secure reinsurance support for government
insurable interest or part thereof from any financially sound and capable domestic reinsurance
corporation, foreign corporation that is authorized to transact reinsurance business in the
Philippines in accordance with R.A. No. 10607, or from any insurance institution owned and
operated by a foreign insurance entity, Provided , That in the award of reinsurance contracts,
the GSIS shall be exempt from the provisions of R.A. No. 9184 or any subsequent procurement
Jaw and shall ensure that the contract to be awarded shall be the most advantageous for the

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GSIS or Government of the Philippines guided by the principle of transparency and
competitiveness thru the adoption of its own rules and regulations: Provided further, that the
GSIS shall have the authority to determine the required capitalization and financial reserve of
interested entities. Provided, finally that the GSIS shall submit an annual report on its insurance
or reinsurance operations to the insurance commission for monitoring purposes only.

For purposes hereof, insurable interest shall mean every interest in property, whether
real or personal, or any relation thereto, or liability in respect thereof, of such nature that @
contemplated peril might directly damnify the insured.

It shall also refers to those interest in which the government or government agency has
a relation or connection with, or concer in it including but not limited to Overseas Filipino
Workers, such that the said government or government agency will derive pecuniary benefit or
advantage from its preservation and will suffer pecuniary loss or damage from its destruction,
termination or injury by the happening of the event insured against.

It may consist in an existing interest, inchoate interest founded on an existing interest,
or an expectancy, coupled with an existing interest in that out of which the expectancy arises,

Accordingly, the insurable interest of government, parent, subsidiary and acquired asset
corporations, including government financial institutions, as these corporations are defined in
Presidential Decree (P.D.) No. 2029, shall also extend to their physical assets which by
declared policy of the government are required to be privatized, (27a)

E. ADJUDICATION OF CLAIMS AND DISPUTES

‘SEC. 36. Prescription. — Upon the effectivity of this Act, all benefits due as defined
under Section 3(c) of this Act shall not prescribe. (28a)

SEC. 37. Facility of Payment. ~ The GSIS shall prescribe rules and regulations to
facilitate payment of benefits, proceeds and claims for benefits under this Act and any other
laws administered by the GSIS. Payments made by the GSIS prior to its receipt of an adverse
claim, to a beneficiary or claimant subsequently found not entitled thereto, shall not bar the
legal and eligible recipient from his/her right to demand the payment of benefits, proceeds, and
claims from the GSIS. (29a)

SEC. 38, Settlement of Disputes. — The GSIS shall have original and exclusive
jurisdiction to settle any disputes or issues including but not limited to claims and benefits
arising under this Act, C.A. No. 186, as amended, R.A. No. 8291 and other laws administered
by the GSIS, including its implementing rules and regulations, policies and guidelines.

‘The Board may designate any member of the Board or official of the GSIS who is &
lawyer, to act as hearing officer to receive evidence, make findings of fact and submit
recommendations together with all the documentary and testimonial evidence, to the Board
within thirty (30) working days from the time the parties have closed their respective evidence
and filed and submitted their last pleading or other requested documents. The Board shall
decide the case within thirty (30) days from the receipt of the hearing officer's findings and
recommendations. The cases heard directly by the Board shall be decided within thirty (30)
working days from the time they are submitted by the parties for decision. (30)

Page 18 of 30


SEC. 39. Appeals. ~ Decisions of the Board shall be appealable to the Court of Appeals.
‘The appeal shall not stay the award, order or decision sought to be reviewed unless ordered by
the Court of Appeals or by the Supreme Court. (31a)

SEC. 40. Execution of Decision. ~ When no appeal is perfected and there is no order to
stay by the Board, by the Court of Appeals, or by the Supreme Court, any decision or award of
the Board shall be enforced and executed in the same manner as decisions of the Regional Trial
Court. For this purpose, the Board shall have the power to issue to the city or provincial sheriff
or its appointed sheriff such writs of execution as may be necessary for the enforcement of such
decision or award, and any person who shall fail or refuse to comply with such decision, award,
writ or process after being required to do so shall, upon application by the GSIS, be punished
for contempt. (32)

SEC. 41. Oaths, Witnesses, and Production of Records. ~ When authorized by the
Board, an official or employee of the GSIS shall have the power to administer oath and
affirmation, take depositions, certify to official acts, and issue subpoena ad testificandum and
subpoena duces tecum to compel the attendance of witnesses and the production of books,
papers, correspondences and other records deemed necessary as evidence in connection with
any question arising under this Act. Any case of contumacy shall be dealt with in accordance
with the provisions of Section $80 of the Revised Administrative Code. (33)

F. FUNDS OF THE GSIS

SEC. 42. Funds. ~The GSIS shall administer the Social Insurance Fund, which consists
of all contributions payable under Section 7 of this Act together with the earnings and accruals
thereon. Said Fund shall be used to finance the benefits administered by the GSIS under this
Act. In addition, the GSIS shall administer the following funds, to be known collectively as the
“GSIS-Administered Funds”:

(a) The Optional Insurance Fund for the insurance coverage described in Section 34
hereof,

(b) The Employees’ Compensation Insurance Fund created under P.D. No. 626, as
amended,

(c) The General Insurance Fund created under R.A. No. 656, as amended; and

(@) Such other special funds existing or that may be created for special groups or
persons rendering services to the government.

‘The GSIS shall maintain the required reserves for each fund to guarantee the fulfillment
of its obligations under this Act.

The funds administered by the GSIS shall not be used for purposes other than those
provided for under this Act, any prior or subsequent laws, issuances and rules and regulations
to the contrary notwithstanding.

No portion of the funds of the GSIS or income thereof shall accrue to the general fund
of the national government and its political subdivisions, instrumentalities and other agencies
including government-owned and controlled corporations. (34a)

Page 19 of 30


SEC. 43, Deposits and Disbursements. — All revenues collected and all accruals thereto
shall be deposited, administered and disbursed in accordance with law. A maximum expense
loading of two percent (2%) of the total assets may be disbursed for administrative and
operational expenses except as may be otherwise recommended by the GSIS Actuary and the
GSIS PGM, and approved by the Board of Trustees of GSIS in accordance with the rules and
regulations prescribed by the GSIS. (35a)

SEC. 44. Investment of Funds. — The funds of the GSIS which are not needed to meet
the current obligations may be invested under such terms and conditions and rules and
regulations as may be prescribed by the Board: Provided, That investments shall optimize the
requirements of liquidity, safety, security and yield as embodied in formal investment policy
guidelines approved by the Board in order to ensure the actuarial solvency of the funds of the
GSIS: Provided, further, That the GSIS shall submit an annual report on all investments made
to both Houses of Congress of the Philippines. The funds may be invested in the following:

(a) Interest-bearing or zero-coupon bonds or securities or other evidence of
indebtedness of the Government of the Philippines;

(b) Interest-bearing or zero-coupon deposits or securities in any domestic bank doing
business in the Philippines: Provided, That in the case of such deposits, these shall not exceed
at any time the unimpaired capital and surplus or total private deposits of the depository bank,
whichever is smaller: Provided, further, That said bank has prior designation as a depository
for the purpose by the Monetary Board of the Bangko Sentral ng Pilipinas;

(©) Short-and-medium term loans to members such as salary, policy, educational,
emergency, and other similar loans;

(d) Bonds, securities, promissory notes or other evidence of indebtedness of educational
or medical institutions to finance the construction, improvement and maintenance of schools
and hospitals;

(e) Real estate property including shares of stocks involving real estate property and
investments secured by first mortgages on real estate or other collaterals acceptable to the
GSIS: Provided, That such investments shall, in the determination of the Board, redound to the
benefit of the GSIS, its members, as well as the general public;

(f) Debt instruments and other securities traded in secondary markets;

(g) Loans to, or in bonds, debentures, promissory notes or other evidence of
indebtedness of any solvent corporation created or existing under the laws of the Philippines;

(h) Common and preferred stocks of any solvent corporation or financial institution
created or existing under the laws of the Philippines listed in the stock exchange subject to the
requirements of liquidity, safety, security, and expected returns as embodied in formal
investment policy guidelines approved by the Board:

(i) Domestic mutual funds including investments related to the operations of mutual
funds; and

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() Foreign mutual funds and in foreign currency deposits or foreign currency-
denominated debts, non-speculative equities and other financial instruments or other assets
issued in accordance with existing laws of the countries where such financial instruments are
issued: Provided, further That the issuing company has proven track record of profitability over
the last 3 years, (36a)

SEC. 45, Records and Reports. ~The GSIS shall keep and cause to manage such records
as may be necessary for the purpose of making actuarial studies, calculations and valua
the funds of the GSIS including such data needed in the computation of rates of di
mortality, morbidity, separation and retirement among the members and any other information
useful for the adjustment of the benefits of the members. The GSIS shall maintain appropriate
books of accounts to record its assets, liabilities, income, expenses, receipts and disbursements
of funds and other financial transactions and operations. (37)

SEC. 46. Examination and Valuation of the Funds, — The GSIS shall make a periodi¢
actuarial examination and valuation of its funds in accordance with accepted actuarial
principles and best practices. (38a)

SEC. 47. Exemption from Tax, Legal Process and Lien. - \t is hereby reaffirmed as a
State policy that the actuarial solvency of all the funds of the GSIS shall be preserved and
maintained at all times and that contribution rates necessary to sustain the benefits under this
Act shalll be kept as low as possible in order not to burden the members of the GSIS and theit
employers.

‘Taxes imposed on the GSIS tend to impair the actuarial solvency of all of its funds and
increase the contribution rate necessary to sustain the benefits under this Act. Accordingly,
notwithstanding any laws to the contrary, the GSIS, including GSIS wholly owned and
controlled corporations and its subsidiaries, whether as a direct taxpayer, collecting or remitting
agent, all ofits funds, including the non-life and property insurance funds and those that GSIS
is mandated to administered under special laws, assets, properties, all contributions collected,
including all accruals thereto, all revenues, income or investment earnings therefrom including
all accruals thereto, transactions and benefits paid, as well as all supplies, equipment, papers of
documents shall remain and be exempt from any and all forms and kinds of direct or indirect
taxes, including output and input Value Added Taxes (VAT) and Documentary Stamp Taxes
(DST), assessments, fees, charges, customs or import duty or duties imposed by the national
or local government and shall not be liable to attachments, garnishments, levy or seizure by of
under any legal or equitable process, whatsoever, either before or after receipt by the person ot
persons entitled thereto. These exemptions shall continue unless expressly, specifically, and
categorically revoked or repealed, and any tax assessment imposed against the GSIS as of the
approval of this Act or subsequent thereto is shall be null and void and considered paid and
cancelled. No tax measure of whatever nature enacted shall apply to the GSIS unless it
expressly and categorically revokes the declared policy of the State in this Act and in this
Section granting tax-exemption to the GSIS. Consequently, all laws, ordinances, regulations,
issuances, opinions or jurisprudence contrary to or in derogation of this provision are hereby
deemed repealed, superseded and rendered ineffective and without legal force and effect.

‘The exemptions provided herein shall not be affected nor derogated by subsequent laws
to the contrary unless this Section is expressly, specifically, and categorically revoked of
repealed by law and a provision is enacted to substitute or replace the exemption herein referred

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as an essential factor to maintain and/or protect the solvency of the fund, notwithstanding and
independently of the guarantee of the national government to secure such solvency or liability,

Al funds, including the non-life and property insurance funds and those that GSIS is
mandated to administered under special laws, and/or the properties of the GSIS referred t
herein shall be exempt from attachment, garnishment, execution, levy, seizure or any other
legal or equitable processes issued by the courts, quasi-judicial agencies or administrative
bodies including Commission on Audit (COA) disallowances. |

All the benefits, sums or monies corresponding to the benefits under this Act shall
likewise be exempt from attachment, garnishment, execution, levy, seizure or any other legal
or equitable processes issued by the courts, quasi-judicial agencies or administrative bodies
including COA disallowances, based on financial obligations or liability of any member,
including any pecuniary accountability arising from or caused or occasioned by exercise of
performance of his/her official functions or duties, or incurred relative to or in connection wi
his/her position or work except when his/her monetary liability, contractual or otherwise, is in
favor of the GSIS. (39a) |

Sec. 48. Exemption from Filing Fees and Government Procurement Law on
rance Contracts - The GSIS shall be exempted from payment of ing fees in any courts,
dicial agencies or administrative bodies.

Rein
quasi

The selection by the GSIS of reinsurer and the award of reinsurance contracts pursuant
to Section 35 of this Act and other applicable laws shall be exempted from the provisions of
R.A. No. 9184, otherwise known as the Government Procurement Reform Act or any
subsequent procurement law. Provided, that the GSIS shall prescribe its own rules and
regulations guided by the principles of transparency and competitiveness and shall ensure that
the contract to be awarded shall be the most advantageous for the GSIS or Government of the
Philippines.

G. ADMINISTRATION

SEC. 49. Implementing Body. ~ The GSIS shall implement the provisions of this Act,
(40) |

SEC. 50. Powers and Functions of the GSIS. ~The GSIS shall exercise the falling
powers and functions: |

(a) Formulate, adopt, amend or rescind rules and regulations necessary to carry out the
provisions and purposes of this Act; |

(b) Adopt or approve the annual and supplemental budget of receipts and expenditures
including salaries and allowances of the GSIS personnel; to authorize such capital and
operating expenditures and disbursements of the GSIS as may be necessary and proper for the
effective management and operation of the GSIS without need of approval or review by the
President of the Philippines, DBM, Governance Commission for GOCCS (GCG), COA ot
other government agencies or instrumentalities, notwithstanding any laws, rules, regulations
and other issuances to the contrary and the same shall not be affected by subsequent laws, rules,
regulations and issuances to the contrary unless this provision is expressly, specifically and
categorically revoked or repealed by law. |

Page 22 of 30 |


Consequently, this provision shall apply retroactively and all laws, ordinances,
regulations, issuances, opinions or jurisprudence contrary to or in derogation of this provision
are hereby repealed, superseded and rendered ineffective and without legal force and effect.

(6) Invest the funds ofthe GSIS, directly or indirectly, in accordance with the provisions
of this Act;

(d) Acquire, develop, utilize or dispose of, in any manner recognized by law, real of
personal property in the Philippines or elsewhere necessary to carry out the purposes of thig
Act;

(©) Conduct continuing actuarial and statistical studies and valuations to determine the
financial condition of the GSIS and, taking into consideration such studies, and valuations and
the limitations herein provided, re-adjust the benefits, contributions, premium rates, the
formula or the terms and conditions relative to benefits and claims, interest rates or the
allocation or re-allocation of the funds to the contingencies covered; |

(f) Have the power of succession;
(g) Sue and be sued; |

(h) Enter into, make, perform and carry out contracts of every kind and description with
any person, firm or association or corporation, domestic or foreign in accordance with law:
Provided, That the procurement by the GSIS of infrastructure projects, goods, consulting
services, and reinsurance shall be exempt from the provisions of R.A. No. 9184; Provided,
further, That, in the procurement of said infrastructure projects, goods, consulting services
reinsurance, the GSIS shall be governed by the same principles of transparency,
competitiveness, simplicity, accountability and public monitoring as enumerated under Section
3 of R.A. No. 9184. |

(i) Engage in any lawful business in pursuance of and in furtherance of the provisions
of this Act;

(j) Have one or more offices, conduct its business and exercise its powers within and
outside the Philippines: Provided, That the GSIS shall maintain a branch office in every
province where there exists a minimum of fifteen thousand (15,000) membership;

(Kk) Borrow funds from any source, private or government, foreign or domestic, only ag
an incident to the securitization of housing mortgages of the GSIS and on account of if
receivables from any government or private entity;

(i)invest, own oncthervvise participate in’equity In any’ establishment, firm oF entity; |

(m) Approve appointments in the GSIS, except appointments to positions which are
policy determining, primarily confidential or highly technical in nature according to the
qualification standards and rules and regulations set by the GSIS PGM and Board provided
hereinafter: Provided, That all positions in the GSIS shall be permanent in nature unless
otherwise indicated, and belong to the second level and not classified as part of the Careet
Executive Service, and shall be governed by a compensation and position classification system

Page 23 of 30


and qualifications standards approved by the GSIS Board based on a comprehensive job
analysis and audit of actual duties and responsibilities: Provided, further, ‘That the
compensation plan shall be comparable with the prevailing compensation plans in the private
sector and shall be subject to the periodic review by the Board no more than once every four
(4) years without prejudice to yearly merit reviews or increases based on productivity and
profitability; and which shall be unqualifiedly and absolutely exempted from any form of
approval or review by the President of the Philippines, DBM, GCG, COA or other government
agencies or instrumentalities, notwithstanding any laws, rules, regulations and other issuances
to the contrary and the same shall not be affected by subsequent laws, rules, regulations and
issuances to the contrary unless this provision is expressly, specifically and categorically
revoked or repealed by law.

Consequently, this provision shall apply retroactively and all laws, ordinances,
regulations, issuances, opinions or jurisprudence contrary to or in derogation of this provision
are hereby repealed, superseded and rendered ineffective and without legal force and effect.

(n) Design and adopt an Early Retirement Incentive Plan (ERIP) and/or financial
assistance for the purpose of retirement of its own personnel;

(0) Fix and periodically review and adjust the rates of interest and other terms and
conditions for loans and credits extended to members or other persons, whether natural of
juridical;

(p) Enter into agreement with the Social Security System or any other entity, enterprise,
corporation or partnership for the benefit of members transferring from one system to another
subject to the provisions of R.A. No. 7699, otherwise known as the “Portability Law”;

(q) Float proper instrument to liquefy long term maturity by pooling funds for short-
term secondary market;

(®) Not later than June 30 of each year, publish and submit to the President of the
Philippines and Congress an annual report regarding its activities relative to the administration
and implementation of this Act including information and recommendations on policies
relating to functions and operations of the GSIS;

(s) Maintain a provident fund, which consists of contributions from both the GSIS and
its employees and their earnings, for the payment of benefits to such employees or their heirs
under such terms and conditions as the GSIS may prescribe;

() Approve and adopt guidelines affecting investments, insurance coverage of
government properties, settlement of claims, disposition of acquired assets, privatization of
expansion of subsidiaries, development of housing projects, increased benefit and loan
packages to members and the enforcement of the provisions of this Act.

(u) Determine, fix and impose interest on unpaid premiums due from employers and
employees;

(v) Ensure the collection or recovery of all indebtedness, liabilities and/or
accountabilities, including unpaid premiums or contributions in favor of the GSIS due from all
obligors, whether public or private. The GSIS shall demand payment or settlement of the

Page 24 of 30


obligations referred to herein within thirty (30) days from the date the obligation becomes due,
and in the event of failure or refusal of the obligor or debtor to comply with the demand, to
initiate or institute the necessary or proper actions or suits, criminal, civil or administrative of
otherwise, before the courts, tribunals, commissions, boards, or bodies of proper jurisdiction
within thirty (30) days reckoned from the expiry date of the period fixed in the demand within
which to pay or settle the account;

(Ww) Design and implement programs that will promote and mobilize savings and
provide additional resources for social security expansion and at the same time afford
individual members appropriate returns on their savings/investments. The programs shall be so
designed as to spur socio-economic take-off and maintain continued growth; and

(y) Exercise such powers and perform such acts as may be necessary, useful, incidental
or auxiliary to carry out the provisions and attain the purposes and objectives of this Act. (41a)

SEC. 51. The Board of Trustees. ~The corporate powers and functions of the GSIS
shall be vested in and exercised by the Board composed of the President and General Manager
of the GSIS and ten (10) other members to be appointed by the President of the Philippines,
Of these, five (5) shall be active or retired members of the GSIS: at least two (2) shall be a
representative from the teachers recommended by the Philippine Public School Teachers
Association (PPSTA), the Philippine Association of School Superintendents (PASS), or by a
leading national organization of teachers; at least two (2) shall be from the leading
organizations or associations of government employees/retirees who possess the ethics,
experience and competence to represent the needs of their sectors; and one (1) shall be a
member of the legal profession who at the time of appointment is also a member of the GSIS,
‘The remaining five (5) shall be recognized individuals from any of the following fields of
expertise: banking and finance, investment, insurance, law, human resources, audit,
management and information technology. The Trustees shall elect from among themselves &
Chairman and a President and General Manager, who shall automatically be the vice-chairman,

The Trustees, except the President and General Manager who shall cease as trustee
upon his/her separation, shall hold office for six (6) years without reappointment, unless soonet
removed or separated, or until their successors are duly appointed and qualified: Provided,
‘That the vacancy, other than through the expiration of the term, shall be filled for the unexpired
term only. The members of the Board (Trustees) shall be considered as officers, and are
members of the GSIS, subject to the conditions and eligibility of compulsory membership of
the GSIS. (42a)

SEC. 52. Powers and Functions of the Board of Trustees. - The Board shall have the
following powers and functions:

(a) Formulate policies, guidelines and programs to effectively carry out the purposes of
this Act;

(b) Promulgate such rules and regulations as may be necessary or proper for the
effective exercise of the powers and functions as well as the discharge of duties and
responsibilities of the GSIS, its officers and employees;

(©) Upon recommendation of the President and General Manager, to approve the annual.
and supplemental budget of receipts and expenditures of the GSIS, and to authorize such

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operating and capital expenditures and disbursements of the GSIS as may be necessary of
proper for the effective management, operation and administration of the GSIS without need
of review or approval by the President of the Philippines, DBM, GCG, COA or other
government agencies or instrumentalities and notwithstanding any provision of law, rules and
regulations and any other issuances to the contrary unless this Section is expressly, specifically
and categorically revoked or repealed by law. Consequently, this provision shall apply
retroactively and all laws, ordinances, regulations, issuances, opinions or jurisprudence
contrary or in derogation of this provision are hereby repealed, superseded and rendered
ineffective and without legal force and effect.

(4) Upon the recommendation of the President and General Manager, to approve the
GSIS? organizational and administrative structures and staffing pattern, and to establish, fix,
review, revise and adjust compensation packages of officers and employees of the GSIS with
reasonable allowances, incentives, bonuses, privileges and other benefits as may be necessary
or proper for the effective management, operation and administration of the GSIS, which shall
be exempt from R.A. No, 6758, otherwise known as the “Salary Standardization Law,” R.A
‘No. 7430, otherwise known as the “Attrition Law” and R.A. No. 10149 otherwise known as
the “GOCC Governance Act of 2011”; Provided, That all positions in the GSIS shall be
permanent in nature unless otherwise indicated, and belong to the second level and not
classified as part of the Career Executive Service. These powers and functions shall be
exercised without need of review or approval by the President of the Philippines, DBM, GCG
or other government agencies or instrumentalities and notwithstanding any provision of law,
rules and regulations and any other issuances to the contrary unless this Section is expressly,
specifically and categorically revoked or repealed by law. Consequently, this provision shall
apply retroactively and all laws, ordinances, regulations, issuances, opinions or jurisprudence
contrary or in derogation of this provision are hereby repealed, superseded and rendered
ineffective and without legal force and effect;

(€) Fix and periodically review and adjust the rates of interest and other terms and
conditions for loans and credits extended to its members or other persons, whether natural ot
juridical;

(f) The provision of any law, rules and regulations and issuances to the contrary
notwithstanding, to compromise, release, condone or write off from the books of accounts, in
whole or in part, without need of prior approval from and by the President of the Philippines,
COA, Congress of the Philippines, or other agencies, any claim or settle liability, for or against
the GSIS, including, interests, penalties and surcharges imposed upon delinquent premium
contributions and loan amortizations and any civil liability to GSIS, regardless of the amount
involved under such terms and conditions as the as the Board may find acceptable and
practicable in accordance with applicable laws rules and regulations, subject to the Board’
best business judgment and the best interest of the GSIS:

(g) Approve and adopt guidelines affecting investments, insurance coverage of
government properties, settlement of claims, disposition of acquired assets, development of
housing projects, increased benefit and loan packages to members, and the enforcement of the
provisions of this Act;

(h) Determine, fix and impose interest on unpaid or unremitted premiums and/or
itions; and

Page 26 of 30


(i) Perform any and all acts necessary and proper to attain the purposes and objectives
of this Act. (43a) |

Other Personnel — The President and General Manager of the GSIS shall be its Chief Executive
Officer and shall be appointed by the President of the Philippines. He/she shall be a person
with management and investments expertise necessary for the effective performance of his/het
duties and functions under this Act.

SEC. 53. Appointment and Qualifications of the President and General Manager ae

The President and General Manager shall be assisted by one or more senior executive
vice-presidents, executive vice-presidents, senior vice-presidents, vice-presidents an
managers in addition to the usual supervisory and rank and file positions all of whom shall
appointed pursuant to the qualification standards and rules and regulations set by the President
and General Manager and the Board of Trustees and removed only for just and valid cause by
the President and General Manager with the approval of the Board without undermining theit
security of tenure. (44) |

SEC. 54. Powers and Duties of the President and General Manager ~ The President
and General Manager shall, among others, execute and administer the policies and resolutions
approved by the Board and direct and supervise the administration and operations of the GSIS,
‘The President and General Manager, subject to the approval of the Board, shall appoint
personnel of the GSIS, remove, suspend or otherwise discipline them for valid and just cause
in accordance with existing Civil Service rules and regulations, and prescribe their duties ani
qualifications to the end that only competent persons may be employed.

All appointments and plantilla positions in the GSIS shall be permanent in nature unless
otherwise indicated, and belong to the second level and not classified as part of the Care!
Executive Service. These plantilla positions shall not be arbitrarily abolished without any valid
and just causes. (45a)

SEC. 55. The Senior Executive Vice Presidents and Executive Vice Presidents - Withit
the guidelines and limits of authority established by policies of the GSIS, the Ser
Vice Presidents and Executive Vice Presidents shall, among others, provide overall directio
in the delivery of effective, efficient and quality services to members, pensioners, and/or othet
constituents. He/she shall also have the overall direction in the integration of functions of
various operational and/or support services to ensure synergy, uniform and consisten
application of polices, guidelines and management systems to achieve established objectives
and targets.

The position of Executive Vice President shall be permanent in nature, unless otherwise
indicated, and belong to the second level and not classified as part of the Career Executive
Service. The plantilla position of Executive Vice President shall not be arbitrarily abolished
without any valid and just causes. (n)

SEC. 56. Auditor. ~(a) The Chairman of the COA shall be the ex-officio auditor of the
GSIS. For this purpose, he/she may appoint a representative, who shall be the auditor of th
GSIS, and the necessary personnel to assist said representative in the performance of his/het
duties.

Page 27 of 30



(b) The Chairman of the COA or his/her authorized representative shall submit to the
Board soon after the close of each calendar year an audited statement showing the financial
condition and progress of the GSIS for the calendar year just ended. (46)

SEC. 57. Legal Counsel. ~ The Legal Services Group (LSG) of the GSIS shall be the
legal counsel of the GSIS. The LSG shall be headed by a Chief Legal Counsel, who shall be
the head counsel of the GSIS with a permanent and highly technical plantilla position. The
Chief Legal Counsel enjoys security of tenure and may not be removed except for a just and
valid cause.

The GSIS may refer to the Office of the Government Corporate Counsel (OGCC) cases
for legal action or trial, issues for legal opinions, preparation and review of
contracts/agreements and others, as the GSIS may decide or determine from time to time.

The GSIS may, subject to approval by the proper court, deputize any personnel of the
Legal Services Group to act as special sheriff in the enforcement of writs and processes issued
by the court, quasi-judicial agencies or administrative bodies in cases involving the GSIS. (47)

59. Powers of the Insurance Commission. — The Insurance Commissioner of
his/her authorized representatives shall make an examination of the financial condition of the
GSIS at least once every three (3) years; Provided, however, That the GSIS shall pay the Office
of the Insurance Commissioner an amount equal to the actual expenses incurred by said Office
in the conduct of the examination, including the salaries of the examiners and the actuary of
such examination for the actual time spent.

‘The report of said examination shall be submitted to the Board furnishing the Office of
the President and both Houses of Congress copies thereof within five (5) days after the close
of examination. (48a)

H. GENERAL PROVISIONS.

SEC. 60. Dispensation of Social Insurance Benefits. — (a) The GSIS shall release the
retirement benefits to the employee within twenty (20) working days from the actual date of
retirement or date of filing of application, whichever comes later: Provided, That all
requirements are submitted to the GSIS within a reasonable period prior to the effective date
of retirement.

(b) The GSIS shall not process or adjudicate retirement claims under R.A. No. 1616
except refund of retirement premiums and R.A. No. 910. Instead all agencies concerned shall
process and pay the gratuities of their employees. The Board shall adopt the proper rules and
procedures for the implementation of this provision. (49a)

SEC. 61. Development and Disposition of Acquired Assets. ~The GSIS shall have the
right to develop and dispose of its acquired assets obtained in the ordinary course of its
business. To add value to, improve profitability of and/or enhance the marketability of an
acquired asset, the GSIS may further develop/renovate its assets, either with its own capital of
through a joint venture arrangement with private companies or individuals.

‘The GSIS may sell its acquired assets in accordance with existing COA rules and
regulations for an amount not lower than the current market value of the property. For this

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purpose, the GSIS shall conduct an annual appraisal of its properties or acquired assets t
determine their current market value. All notices of sale shall be published in newspapers of
general circulation.

No injunction or restraining order issued by any court, commission, tribunal or office
shall bar, impede or delay the sale and disposition by the GSIS of its acquired assets except o
questions of ownership and national or public interest. (50)

SEC. 62. Exemption from Land Reform Program. - The GSIS acquired assets shall be
exempted or excluded from the coverage of the following

(a) Comprehensive Agrarian Reform Program (CARP) as provided under R.A. No,
6657, as amended, in relation to Executive Order (E.O.) No. 407;

(b) Land Reform as provided under P.D. No. 27; and
(c) Other existing or future land and agrarian reform legislations.

SEC. 63. Expropriation. No entity whether private or public may expropriate any
GSIS property without the express consent or approval of the GSIS President and General
Manager, the GSIS Board of Trustees, the Secretary of Finance and the President of the
Philippines.

SEC. 64. Government Assistance to the GSIS. ~The GSIS may call upon any officer ot
employee of any department, bureau or office, subdivision, agency or instrumentality of the
Government, including government-owned or controlled corporations and local governments
for such assistance as may be necessary in the discharge of its duties and functions. (Sa)

I, SANCTIONS,

Sec. 65. Penalty ~ (a) Heads of offices of the national government, its political
subdivisions, branches, agencies and instrumentalities, including government-owned ot
controlled corporations and government financial institutions, and the personnel of such offices
who are involved in the collection of premium contributions, loan amortization and othet
accounts due the GSIS who shall fail, refuse or delay the payment, turnover, remittance of
delivery of such accounts to the GSIS, within thirty (30) days from the time that the same shal]
have become due and demandable, shall upon conviction by final judgment, suffer the penalties
of imprisonment of not less than twenty (20) years but not more than thirty (30) years and a
fine of not less than Five Hundred Thousand Pesos (Php500,000.00) but not more than Five
Million Pesos (Php5,000,000.00) and, in addition, shall suffer the penalty of absolute perpetual
disqualification from holding public office and/or other accessory penalties as may be provided

by law.

(b) The treasurer, finance officer, cashier, disbursing officer, budget officer or other
official or employee who fails to include in the annual budget the amount corresponding to the
employer and employee contributions, or who fails or refuses or delays to remit to the GSIS by
more than thirty (30) days from the time such amount becomes due and demandable, or fails
to deduct the monthly contributions of the employee shall, upon conviction by final judgment,
suffer the penalties of imprisonment of not less than twelve (12) years but not more than twenty
(20) years, and a fine of not less than Five Hundred Thousand Pesos (Php500,000.00) but not

Page 29 of 30


more than Two Million Pesos (Php2,000,000.00) and, in addition, shall suffer absolute
perpetual disqualification from holding public office.

(©) Any employee, who after deducting the monthly contribution or loan amortization
from a member's compensation, fails to remit the same to the GSIS within thirty (30) day$
from the date they should have been remitted under Section 11(b) hereof shall be presumed to
have misappropriated such contribution or loan amortization and shall, upon conviction by
final judgment, suffer the penalties of imprisonment of not less than twelve (12) years but not
more than twenty (20) years and a fine of not less than Five Hundred Thousand Pesos
(Php500,000.00) but not more than Two Million Pesos (Php2,000,000.00) and, in addition,
shall suffer absolute perpetual disqualification from holding public office.

(4) Any employee or member who receives or keeps fund or property belonging,
payable or deliverable to the GSIS and appropriates the same, or takes or misappropriates of
uses the same for any purpose other than that authorized by this Act, or permits another person
to take, misappropriate or use said fund or property by expressly consenting thereto, or through
abandonment or negligence, or is otherwise guilty of the misappropriation of said fund of
property, in whole or in part shall, upon conviction by final judgment, suffer the penalties of
imprisonment of not less than twelve (12) years but not more than twenty (20) years and a fing
of not less than Five Hundred Thousand Pesos (Php500,000.00) but not more than Two Million
Pesos (Php2,000,000.00) and, in addition, shall suffer absolute perpetual disqualification from
holding public office.

(e) Any person found to have participated directly or indirectly in the commission of
fraud, collusion, falsification, or misrepresentation in any transaction with the GSIS whether
for himself/herself or for some other persons shall, upon conviction and final judgment, suffet
the penalties of imprisonment of not less than six (6) years but not more than twelve (12) years
and a fine of not less than Five Hundred Thousand Pesos (Php500,000.00) but not more than
Two Million Pesos (Php2,000,000.00) and, in addition, suffer absolute perpetual
disqualification from holding public office.

(f) Any person who shall willfully, wrongfully and fraudulently obtain or receive any
money or check invoking any provision of this Act or any agreement thereunder, without being
entitled thereto, shall, upon final judgment, suffer the penalties of imprisonment of not less
than six (6) years but not more than twelve (12) years and a fine of not less than Five Hundred
‘Thousand Pesos (Php500,00.00) but not more than One Million Pesos (Php!,000,000.00) and
such other accessory penalties as may be imposed by law.

(g) Any person who fails or refuses to comply with the provisions of this Act or
the rules and regulations adopted by the GSIS shall, upon final judgment, suffer the penalties
of imprisonment of not less than six (6) years but not more than twelve (12) years and a fine of
not less than Five Hundred Thousand Pesos (PhpS00,000.00) but not more than One Million
Pesos (Php!,000,000.00) and such accessory penalties as may be provided by law.

(h) The officers and personnel referred to in paragraph (a) of this Section shall also be
civilly liable to the GSIS or to the employee or member concerned in the form of damages,
including surcharges and interests.

(i) For the charges or complaints referred to in paragraph (a) of this Section, the
penalties therein set forth shall be construed as an agreement to waive any claim to sovereigh

Page 30 of 30


immunity from suit or legal proceedings. Thus, abovementioned officials and personnel may
not invoke the defense of non-suability of the State. Waiver of the State of its immunity from
suit, hence, the above-mentioned offices officials and/or personne! may not invoke the defense
of non-suability of the State.

Criminal and civil actions arising from violations of the provisions of this Act may be
‘commenced by the GSIS or by the aggrieved member, either under this Act or, in appropriate
cases, under the Revised Penal Code and other special laws. (52a)

SEC. 66. Implementing Rules and Regulations. ~ Within ninety (120) days from the
effectivity of this Act, the GSIS shall promulgate such rules and regulations as may be
necessary to carry out the provisions of this Act. (53)

SEC. 67. Non-impairment of Benefits, Powers, Jurisdiction, Rights, Privileges,
Functions and Activities. — Nothing in this Act shall be construed to repeal, amend or limit any
provision of existing laws, Presidential Decrees, Letters of Instructions, not otherwise
specifically inconsistent with the provisions of this Act. (54)

SEC. 68. Exclusiveness of Benefits. — Whenever other laws provide similar benefits
for the same contingencies covered by this Act, the member who qualifies to the benefits shal}
have the option to choose which benefits will be paid to him/her. However, if the benefits
provided by the law chosen are less than the benefits provided under this Act, the GSIS shal}
pay only the difference. (55)

SEC. 69. Non-Conversion of Mode of Retirement. No change in the mode of retirement
chosen shall be allowed once the proceeds, or a portion thereof, of the member's retirement
claim under a particular law have been credited to the account of the member or received by
the member. (n)

SEC. 70. Appropriations. — The amount necessary to carry out the provisions of this
Act shall be included in the respective budgets of the agencies in the national government
obligation program of the year following its enactment into law and thereafter. (56)

SEC. 71. Separability Clause. — Should any provision of this Act or any part thereof be
declared invalid, the other provisions, so far as they are separable from the invalid ones, shall
remain in force and effect. (57)

SEC. 72, Repealing Clause. —C.A. 186, P.D. No. 1146, as amended by R.A. No. 8291,
P.D. No. 712, and Section 9 of R.A. No. 656, as amended by P.D. No. 245, Section 86 (r) of
R.A. 10963 [Tax Reform for Acceleration and Inclusion (TRAIN) Act}, are hereby expressly
repealed. The provisions of R.A. No. 9184 otherwise known as “Government Procurement
Reform Act” and R.A. No. 10149 otherwise known as the “GOCC Governance Act of 20117
are hereby modified accordingly. All other laws, decrees, executive orders, rules and
regulations or parts thereof which are contrary to or specifically inconsistent with the
provisions of this Act are hereby repealed or amended accordingly: Provided, That the rights
under existing laws, rules and regulations vested upon or acquired by an employee who is
already in the service as of the effectivity of this Act shall remain in force and effect: Provided,
‘further, That subsequent to the effectivity of this Act, a new employee or an employee who hag
previously retired or separated and is reemployed in the service shall be covered by the
provisions of this Act. (58a)

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aueen—

SEC. 73. Effectivity, — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspapers of general circulation. (59a)

Approved,

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