As far as i understood the Law, portability applies only when a person does not qualify for any of the pension systems, and thus, needs the totalization of contributions made in both systems to qualify for 1 or both systems.
examples on how the portability will probably apply.
i say probably because (1) i am not a lawyer; (2) i am not a processor with any of the these pension systems
GABS
take Gabs, he worked for the government sector for 5 years and worked for the private sector for also 5 years or 60 months for each of the systems (GSIS and SSS), then he migrated and did not continue his contributions to SSS as a voluntary member (my friend did).
SSS needs 120 months for him to qualify as a pensioner. With the totalization, he would qualify as a pensioner at SSS. So, the ratio of 60/120 or 50%, SSS will give him 50% of the pension he would have gotten based on the AMSC in the SSS. This is like 50% of 40% of his AMSC (Average Monthly Salary Credit).
Gabs does not qualify for the GSIS pension since GSIS requires at least 15 years of government service. He will only be entitled to a return of premium contributions with interest.
ENY
look at Eny, he has 10 years of government service and 7 years of private sector employment. Like Gabs, he does not qualify for any of the pension systems. With totalization, he will qualify for both systems.
Thusly, he will receive a pension from both systems. This is where the IRR is not strictly clear - and well, i cannot access thru the internet the exact computation. What the law and the IRR of the law states is that they will share in the pension in the proportionate amount as that of the contributions.
i take it to mean this way, the pension for SSS will be 7/10 or 70% of the pension he would have gotten based on his AMSC.
for GSIS, he will receive 10/15 or 2/3 (or 66.667%) of the pension he would receive.
hope that's clear. ask if you have questions!
UPDATE:
Click here to read the Portability law in the SSS website
UPDATE:
Click here to read the Portability law in the SSS website
Hi, so I was wondering this ... Does the portability law allows the transfer of funds from GSIS to SSS or just the SSS to GSIS?
ReplyDeleteno. the funds are NOT transferred. the funds stay in their respective institutions. what happens is that each institution pay their corresponding percentage of the pension they would have given.
Deletewould you like to ask a specific case?
Hi Ma'am. I stumbled upon your blog on RA 7699 as i am finding answers for my 65y/o mother who had 13 years contribution in gsis and 3 years of sss. Does this law applies if she claims for pension? Will she be eligible for it? TIA arabeaa@gmail.com
ReplyDeleteyes, for as long as you are sure about the number of years of contribution.
Deletehere is the relevant page for gsis
http://www.gsis.gov.ph/default.php?id=34
generally, the gsis pension will be 13/15 of what it would have been.
there seems to be no search key in the sss website. it says in the gsis website that once you qualify for the gsis pension, you cant join it with the sss. however, the law, says otherwise. you have to check with gsis as i am NOT a processor.
if this is the case, you can ask for a lump sum from sss instead.
Hi, thanks for sharing this. I'm currently researching on this, it might be applicable to me.
Delete-Bards
suggest you read on the portability law, and check with a lawyer on the provisions of the law
DeleteI used to be employed in the private sector, my total SSS contributions is 29 months; then from Oct 2004 to June 2013 (8 years 8 months) I worked with an LGU for a total of 133 months, how do I apply for the portability law and which office shall I go to? Thank you and God bless!
ReplyDeletethe qualifying duration for gsis pension is 15 years (or 180 months)
ReplyDeleteit is only 10 years, or 120 months for sss
you have to go to both offices since both offices need to certify the number of contributions -
I went to both but it seems both front line staff do not know what i was talking about.. at the most the SSS frontliner said if I want to claim through SSS my last contribution should be with SSS... the GSIS namas said I need 15 years for them to process... I will be turning 60 by April and I want to have my claims processed as soon as posiible. thanks! BTW do you know of anyone at the SSS who understands this law? I will be very happy to see him/her for my concerns.. thanks again :)
Deleteyou can try Rita Baloy of SSS or VP Agnes San Jose
DeleteThere is a form in the SSS website and portability is discussed in both GSIS and SSS website so the front line staff MUST know about it. Get the name of the front line staff so that you can discuss the matter with a senior official in the institution
btw, the MAC now takes cafd of this so you can now ask the counter there
Deletehi, i am currently a govt. employee, prior to my present job i was with the private sector. after joining the govt. i continue to pay my sss premiums but now as voluntary member. will i be allowed to receive both pensions in case i retire? is this allowed?
ReplyDeleteTIA!
yes
DeleteGood evening, I would like to ask if what remedies can I use, since my employer is no constantly paying my sss contribution for my pension. My employer only paid my contribution till 2007 And the rate is not appropriate for my job. What can I do?
ReplyDeleteyou can complain to SSS regarding your employer. your employer could, of course, retaliate and dismiss you from your job. you can file a case against your employer if that happens. there are no guarantees.
Deleteonce you complain, SSS will investigate
You cannot be terminated by your employer under the parlance of retaliation, that would be tantamount to unjust dismissal. But filing a formal complaint of non remittance to SSS is the proper way to subdue your concerns.
Deletealthough mr. anon up there is correct, we've had complainers who were terminated after which is why i added a caution.
DeleteThis comment has been removed by a blog administrator.
ReplyDeletehello there. I resigned from Deped after years of service and went to a private school. At that time I had a loan of 80K and my contributions amounted to that amount also. Instead of asking me to pay back the loan GSIS deducted my loan payment from my contributions. If I am reemployed by Deped to serve another ten years before i retire, can i get my GSIS retirement benefit?
ReplyDeleteessentially, you had a refund of premiums for gsis so that means you lost your years of service. Sayang. anyway, you can still get gsis if you have at least 5 years in the private sector thru portability -
DeleteThis comment has been removed by a blog administrator.
Deletehi i have a question.
ReplyDeleteI have contributed to SSS for a total of 11 years, and now I am considering a govt position. If I take the position in govt and work for them for 6 years i dont think the portability rule applies since I can qualify for SSS pension. How will this work? will get anything from GSIS if I leave after 5 years of service. ??
if you read the law, that is, RA 7699.
Deletetechnically, you should be able to get 1/3 of your benefits for GSIS BUT i am not a processor. Better to ask GSIS
salary loans are for active members only.
ReplyDeletethat is, must have 36 contributions for 1 month loan, and 6 of this must have been paid in the last 12 months prior to loan application
Good day. i only work.in the govt for 4years, can i get back any amount from GSIS? 😀
ReplyDeletereturn of premiums, most likely.
Deleteyou could wait and see if you need it to accumulate years or time required to be eligible for a pension though
Hi can i ask you maybe you could answer me. Ive been a voluntary member of SSS for about 5 yrs or more,,,, now i am employed in a Government Agency and become a member of GSIS, my questions are.....1. Can i still remit my contributions at SSS as Voluntary member? 2. In case i can remit to both Systems, will i be given pensions from GSIS and SSS? Thanks
ReplyDelete1. YES
Delete2. as long as you qualify for both systems, you will get pensions from both
What if 7 years in SSS and 30 years in GSIS, does totalization apply?
ReplyDeletein theory yes, in practice - no because there is already a gsis pension. however, under the new proposal, it will surely be a yes, but i dont know if and when it will get approved
DeleteHi.
ReplyDeleteI have a question.
I have 2 umid cards. I had my first card issued by sss, then another from gsis. I'm presently a govt employee for more than 5 yrs, i still continue my sss as voluntary. I questioned the gsis staff about my 2nd umid, i told him i already had my umid issued by sss and already have my CRN (common reference number). He told me to use both umid whichever institution issues...of course i do not.. Diba po? Now, my dilemma is which CRN to use. I think that gsis staff is not that knowledgeable. Can i just choose which CRN to use or deactivate. Can i use the first crn umid issued from sss. Thanks!
it should be the same. the crn echoes the ss number
DeleteGood Day Ma'am,
ReplyDeleteI am PNB employee who retired last 2014. I have a governemnt service from June 22, 1987 up to May, 1996 or almost 9 years, PNB was privatized May, 1996. If ever I can get a permanent position in the government service, will my 9 years be credited, I'm already qualified for SSS pension having contributed for 18 years. I don't think Portability Law will apply in my case. Thanks.
Hi maam,I was currently employed at the government, i was already a member from GSIS. The case is, if i will transfer to private sector. What process would I do, from sss. Can i still continue to pay GsIs. for career development purposes thats y i transfered. Tnx
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteHi mam, i am currently working in govt., for almost 10 years and planning to work in a private sector, the question is, can i just pay the remaining 5yrs. For me to be a gsis pensioner? Thanks.
ReplyDeletegoodness. NO.
Deletehi mam i was employed at private sector more than 2 years prior to joining govt service with 13 years of service am i qualified for portability law on retirement? also i stop paying SSS premiums can i continue as a member till i reach age 60 to be eligible for pension? i am 54 yrs old
ReplyDeleteAnonymousSeptember 20, 2016 at 4:47 PM
ReplyDeleteGood day Ma'am. Member po ako nang sss for 30 years but before i reached 60 years old i work in a government agency. Now i am an sss pensioner and since i work in the government i also contribute to the gsis, i will be 65 years old 3 years from now, having 7 years total contributions to gsis. Will i be entiltled for gsis pension under the portability law?
Good day! Maám I was working in a private institution from 1986 up to 2003, then transferred to Govt corporation on 2003 and by 2016 it was privatized, now I'm an active member again of SSS. Will the Portability Law apply in my case?
ReplyDeletei worked in govt. for 6 years and 9 months and i have sss contributions up to present 14 years already and still paying I am 60 years old now. What pension will i be entitled?
ReplyDeleteI am currently an SSS pensioner receiving 3,300/month. I am also a GSIS pensioner having worked in government service for 15 years. Is it possible to request a recomputation of my gsis pension so it could be increased by adding my 10 years as sss member to my 15 years as gsis member. I may have to give up.my sss pension as a result. Thank you.
ReplyDeleteCurrently,I am working as a public school teacher and a member of GSIS for almost 9 years.When I turn 65 years old,my membership will only be totalled to 14 years.Can I avail the portability law?I was a member of SSS for 24 years .I am 61 years old now and I have not claimed my SSS pension.
ReplyDeleteHi Ma'am,
ReplyDeleteI don't know if this your blog still active but I am taking chances and hoping that you can help me with my problem. I was a GSIS member for 14.1 yrs and stopped due to the privatization of the company I worked with.
I became an SSS member since 1988 yet and continued my contribution at maximum payment monthly until this time that the company I worked with filed a redanduncy and I was one of those separated. I am now 58 yrs old. I followed my status with GSIS since I wrote a letter at that time my company was privatized that I can avail of the Portability Law. It is now that I learned I will only receive the SSS pension (at present 23 yrs contribution already) when I reach 60 yrs old. My 14.1 yrs of GSIS contribution will not complete their requirement to avail pension. I will get only my personal share and its so hurting. Please help me what to do to avail pensions to both systems.