SSS Death Benefit Discussion

Several individuals were discussing the SSS death benefits with Mrs. X (I dont remember her name).  The discussants - Mrs. X whose pension was cut-off, a former SSS processor I shall Cindy, a friend -  a widow, a really old lady (she must be in her late 80s), and i was with my friend. 5 of us.

Mrs. X was complaining that SSS had no right to arbitrarily suspend her pension.  When asked by Cindy if SSS explained the suspension of her pension, she replied that per SSS, she had been overpaid.  Her philandering husband (her words, not mine) had been receiving a pension of philippine pesos 1,200 for a year, and after his death, this amount was transferred to her.  3 years later, a claim was filed by the mother of the extra-marital children; 3 were under 21.

Per RA 8282 (the current SSS law), under section 12-B, the pension will go to the primary beneficiaries at the date of his retirement.  In the same law, primary beneficiaries are defined  as the dependent spouse until the spouse remarries and the legitimate children aged below 21, and the adopted, legitimated, illegitimate.  The sharing is defined by law.

In no way is the wife deprived of her pension.  However, in the case of Mrs. X, she was paid the entire pension for 3 years because there were no legitimate children (if there had been, she would have been their guardian anyway).  This means she was overpaid by 600 (1/2 the pension would have gone to the children) per month, so a total of 600 times 12 times 3 years  or pesos 21,600.

So her pension will be suspended until SSS recovers the 21,600.  After which, her pension will resume.
Also, as the children (remember, there were 3 of them) turn 21, that part of the pension will revert to her.

**questions? ***