Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

House BILLNo, 3239

Introduced by .
OFW Family Party-List Representative ROY V. SENERES

EXPLANATORY NOTE

This bill seeks to rationalize the change of status of a member
of the Government Service Insurance System (GSIS) from active
service to special in order to safeguard, protect, secure, and
guarantee the retirement benefits due to the said member under
Republic Act No. 8291, otherwise known as the Government Service
Insurance System Act of 1997. The passage into law of this
measure will eliminate any attempt to reduce, diminish, and/or
lessen, if not to destroy, the retirement benefits due to the special
member under the law. So much so, it will uphold and give full
meaning to the oft-repeated declarations and pronouncements of
the Supreme Court in a long-line of decisions and resolutions that
retirement laws must and should always be construed in favor of
the retiree/beneficiary.

In view of the foregoing, appre his bill is fost

respectfully requested.

EAL SENERES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

3239

HOUSE BILL NO.

Introduced by .
OFW Family Party-List Representative ROY V. SENERES

AN ACT

RATIONALIZING THE CHANGE OF STATUS OF A MEMBER OF
THE GOVERNMENT SERVICE INSURANCE SYSTEM FROM
ACTIVE TO SPECIAL, AMENDING FOR THE PURPOSE
SECTIONS 2 AND 55 OF REPUBLIC ACT NO. 8291,
OTHERWISE KNOWN AS THE GOVERNMENT SERVICE
INSURANCE SYSTEM ACT OF 1997, AND FOR OTHER
PURPOSES

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

SECTION 1. Section 2 of Republic Act No. 8291, otherwise
known as the “Government Service Insurance System Act of 1997”,

is hereby amended to read as follows:

“SEC. 2. Definition of Terms. - Unless the context
otherwise indicates, the following terms shall mean:

(a) Xx;
(b) Xxx;
(©) Xxx;
(d) Xxx;
(e) Xxx;

(f) xxx;


(g) xxx;

(h) xxx;
(i) xxx;
G) xxx;
(k) xxx;
(xxx;
(m) xxx;
(n) xxx;
(0) xxx;
(P) xxx;
(q) xxx;
(rf) Xxx;
(s) xxx;
(t) xxx;
(u) — xxx[.J;

(V) SPECIAL MEMBER - AN ACTIVE MEMBER
APPOINTED TO A NEW POSITION WITH
BENEFITS UNDER A SPECIAL RETIREMENT
LAW;

(W) SPECIAL RETIREMENT LAW - THE JUDICIARY
RETIREMENT LAW, OTHERWISE KNOWN AS
REPUBLIC ACT NO. 910, AS AMENDED, AND
WITH ADDITIONAL BENEFITS UNDER
REPUBLIC ACT NO. 9946.”

SEC. 2. Section 55 of Republic Act No. 8291, otherwise known

as the Government Service Insurance System Act of 1997, is

hereby amended to read as follows:

“SEC. 55. Exclusiveness of Benefits. - Whenever other
laws provide similar benefits for the same
contingencies covered by this Act, the member who
qualifies to the benefits shall have the option to


choose which benefits will be paid to him. However, if
the benefits provided by the law chosen are less
than the benefits provided under this Act, the GSIS
shall pay only the difference.

ON THE OTHER HAND, WHENEVER THERE IS A CHANGE
OF STATUS OF A MEMBER OF GSIS FROM ACTIVE TO
SPECIAL, GSIS SHALL DETERMINE WHATEVER
BENEFITS THE SAID SPECIAL MEMBER HAS QUALIFIED
TO, BY VIRTUE OF HIS/HER CONTRIBUTION, WITHIN
ONE (1) MONTH FROM NOTICE OF SUCH CHANGE OF
STATUS: PROVIDED, THAT GSIS SHALL IMMEDIATELY
PAY THE BENEFITS DUE TO THE SPECIAL MEMBER
WITHOUT DELAY: PROVIDED, FURTHER, THAT THE
BENEFITS DUE TO THE SPECIAL MEMBER SHALL BE
CONSIDERED SEPARATE AND DISTINCT FROM THE
BENEFITS AUTHORIZED BY SPECIAL RETIREMENT LAW:
PROVIDED, FINALLY, THAT THE BENEFITS MENTIONED
HEREIN SHALL BE ENJOYED BY THOSE SPECIAL
MEMBERS WHO HAVE RETIRED ALREADY.”

SEC. 3. Implementing Rules and Regulations. - The GSIS
shall adopt and promulgate the necessary rules and regulations not
later than thirty (30) days from the effectivity of this Act.

SEC. 4. Retroactivity Clause. - The benefits mentioned in
Section 2 hereof pertaining to a change of status of a member of
GSIS from active to special shall be granted to all those special
members who have retired prior to the effectivity of this Act.

SEC. 5. Repealing Clause. - All laws, decrees, executive
orders, circulars, and rules and regulations inconsistent herewith,
are hereby deemed repealed or modified accordingly.

SEC. 6. Separability Clause. - If any provision of this Act is
held invalid or declared unconstitutional, the other provisions which

are not affected thereby shall remain valid and subsisting.


SEC. 7. Effectivity. - This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or in two
(2) newspapers of general circulation, whichever comes first.

Approved,