Portability Law, RA 7699 - encore

i heard someone talking about the Portability Law.  He is lacking only 4 months and 11 days to qualify for the gsis pension -he should have requested the Civil Service to extend his service.  At any rate, now he is retiring using the portability law to qualify.  He was asked (daw) to have SSS issue a certification that says he is not receiving any pension.

My question, why?
the implementing guidelines (click below) dont say so. so why?
besides, remember issues are to be resolved in the favor of the member.
if you didnt know that, now you do

Click here for the implementing guidelines of the Portability Law or RA 7699https://www.sss.gov.ph/sss/uploaded_images/publications/Potability%20Law.pdf

Portability Law - RA 7699 - joining SSS and GSIS contributions to qualify for a pension

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