Still on the Circular 2013-003: On Age 65 SSS members and over

DISCLAIMER:  I AM NOT A LAWYER NOR A PROCESSOR SO THESE ARE DISCUSSION ITEMS THAT ARE FOR INFO PURPOSES ONLY.

Manila Standard again features this Circular;

Read this post

My lawyer friend told me this.  The SSS Commission CANNOT amend the LAW.  It cannot be greater than Congress.  In this respect, my friend agrees with HTT's statement regarding usurpation of congressional function.    "He said the Social Security law does not impose a deadline on paying contributions and De Quiros cannot change the law by issuing a circular, which is “a usurpation of congressional function.”

Only Congress can limit the benefits, right?


These are the powers of the SSS Commission,  stated in the same law. under Section

"SEC. 4. Powers and Duties of the Commission and SSS. - (a) The Commission. - For the attainment of its main objectives as set forth in Section 2 hereof, the Commission shall have the following powers and duties:

"(1) To adopt, amend and rescind, subject to the approval of the President of the Philippines, such rules and regulations as may be necessary to carry out the provisions and purposes of this Act;

"(2) To establish a provident fund for the members which will consist of voluntary contributions of employers and/or employees, self-employed and voluntary members and their earnings, for the payment of benefits to such members or their beneficiaries, subject to such rules and regulations as it may promulgate and approved by the President of the Philippines;

"(3) To maintain a Provident Fund which consists of contributions made by both the SSS and its officials and employees and their earnings, for the payment of benefits to such officials and employees or their heirs under such terms and conditions as it may prescribe;

"(4) To approve restructuring proposals for the payment of due but unremitted contributions and unpaid loan amortizations under such terms and conditions as it may prescribe;

"(5) To authorize cooperatives registered with the cooperative development authority or associations registered with the appropriate government agency to act as collecting agents of the SSS with respect to their members: Provided, That the SSS shall accredit the cooperative or association: Provided, further, That the persons authorized to collect are bonded;

"(6) To compromise or release, in whole or in part, any interest, penalty or any civil liability to SSS in connection with the investments authorized under Section 26, hereof, under such terms and conditions as it may prescribe and approved by the President of the Philippines; and

"(7) To approve, confirm, pass upon or review any and all actions of the SSS in the proper and necessary exercise of its powers and duties hereinafter enumerated.