benefits which the beneficiaries are entitled to receive in case a member or a pensioner dies
"SECTION 20.Survivorship Benefits. When
a member or pensioner dies, the beneficiaries shall be entitled to survivorship benefits provided in Sections 21 and 22 hereunder subject to the conditions therein provided for. The survivorship pension shall consist of: (1)the basic survivorship pension which is fifty percent (50%) of the basic monthly pension; and (2)the dependent children's pension not exceeding fifty percent (50%) of the basic monthly pension.
SECTION 21.Death of a Member. (a) Upon the
death of a member, the primary beneficiaries shall be entitled to: (1)survivorship pension: Provided, That the deceased: (i)was in the service at the time of his death; or (ii)if separated from the service, has at least three (3) years of service at the time of his death and has paid thirty-six (36) monthly contributions within the five-year period immediately preceding his death; or has paid a total of at least one hundred eighty (180) monthly contributions prior to his death; or
(2)the survivorship pension plus a cash payment
equivalent to one hundred percent (100%) of his average monthly compensation for every year of service: Provided, That the deceased was in the service at the time of his death with at least three (3) years of service; or
(3) a cash payment equivalent to one hundred
percent (100%) of his average monthly compensation for each year of service he paid contributions, but not less than Twelve thousand pesos (P12,000.00): Provided, That the deceased has rendered at least three (3) years of service prior to his death but does not qualify for the benefits under the item (1) or (2) of this paragraph
GSIS v. Montesclaros, G.R. No. 146494, July 14,
2004 Facts: Nicolas Montesclaros filed with the GSIS an application for retirement benefits. In this application, he designated his wife, Milagros, as his sole beneficiary. When Nicolas died, Milagros filed with the GSIS a claim of survivorship pension. GSIS denied the claim because under Section 18 of PD 1146, the surviving spouse has no right to survivorship pension if the surviving spouse contracted the marriage with the pensioner within three years before the pensioner qualified for the pension. GSIS claimed that Nicolas wed Milagros on 10 July 1983, less than one year from his date of retirement on 17 February 1984.
SEC. 18. Death of a Pensioner. Upon
the death of a pensioner, the primary beneficiaries shall receive the applicable pension mentioned under paragraph (b) of section seventeen of this Act: Provided, That, the dependent spouse shall not be entitled to said pension if his marriage with the pensioner is contracted within three years before the pensioner qualified for the pension
Issue: 1. Whether Section 16 of PD 1146 entitles Milagros to survivorship pension Held: YES. The proviso in Section 18 is unconstitutional because it violates: a. the due process clause b. the equal protection clause
Meaning of Dependents
Re Application for Survivor's Benefits of Manlavi,
A.M. No. 10019-Ret, February 22, 2001 Facts: This case involves an application for Survivor's Benefits filed by Ms. Maylenne G. Manlavi, legitimate daughter of the late Ernesto R. Manlavi, a government employee. Maylenne's application for Survivor's Benefits was in behalf of herself and her six (6) half brothers and sisters who are Ernestos illegitimate children. Marilou Manvali, Maylennes mother whose whereabouts were previously not known, reappeared and filed her own application for Survivor's Benefits dated January 3, 2000, by reason of the death of said Ernesto Manlavi. Maylenne bitterly opposed this application
Issue: Is Marilou Manvali entitled to the
Survivorship Benefits? Held: NO. In order to be entitled to the Survivorship Benefits under R.A. 8291, the beneficiary must be dependent upon the GSIS member or pensioner for support. Thus, Section 21(b) explicitly mentions "dependent spouse" and "dependent children" as those who shall receive survivorship pension
(f) Dependents Dependents shall be
the following: (a) the legitimate spouse dependent for support upon the member or pensioner; 9 (b) the legitimate, legitimated, legally adopted child, including the illegitimate child, who is unmarried, not gainfully employed, not over the age of majority, or is over the age of majority but incapacitated and incapable of self-support due to a mental or physical defect acquired prior to the age of majority; and (c) the parents dependent upon the member for support