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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
- All members of the GSIS shall have life insurance, retirement, and all other social security protections such as disability, survivorship, separation, and unemployment benefits. (Section 2, par. 2, Republic Act No. 8291 or the GSIS Act of 1997)
- The corresponding disability benefits for each kind of disability shall be granted to a member based on the duration of incapacity to work and actual loss of income.
- There are three (3) kinds of disability which shall be determined by the GSIS based on established medical standards: (1) Permanent Total Disability, (2) Permanent Partial Disability, and (3) Temporary Total Disability. (Section 23, Rule IV, IRR of R.A. No. 8291)
All government personnel, whether elective or appointive, irrespective of status of employment, provided they are receiving fixed monthly compensation and have not reached the mandatory retirement age of sixty-five (65) years, are compulsorily covered as members of the Government Service Insurance System or the GSIS and shall be required to pay contributions. (Section 2.1, Rule II, Implementing Rules and Regulations for Republic Act No. 8291 or the GSIS Act of 1997)
Under Republic Act No. 8291 or the GSIS Act of 1997, all members of the GSIS shall have the enjoy the following benefits: (1) life insurance benefits, (2) retirement benefits, (3) temporary disability benefits, (4) permanent disability benefits, (5) survivorship benefits, (6) separation benefits, (7) unemployment benefits, and (8) funeral benefits.
The law says:
“Section 23 Disability Benefits.
23.1 Disability refers to any loss or impairment of the normal functions of the physical and/or mental faculties of a member, which permanently or temporarily prevents him to continue with his work or engage in any other gainful occupation resulting in the loss of income.
The corresponding disability benefits for each kind of disability shall be granted to a member based on the duration of incapacity to work and actual loss of income.
There are three (3) kinds of disability which shall be determined by the GSIS based on established medical standards:
- Permanent Total Disability
- Permanent Partial Disability
- Temporary Total Disability” (Section 23, Rule IV, IRR of R.A. No. 8291)
As held in the case of GSIS v. Court of Appeals and Efrenia Celoso (G.R. No. 116015, July 31, 1996), “disability should not be understood more on its medical significance but on the loss of earning capacity.”
Moreover, jurisprudence says:
“Where an employee is constrained to retire at an early age due to his illness and the illness persists even after retirement, resulting in his continued unemployment, such a condition amounts to total disability, which should entitle him to the maximum benefits allowed by Law.” (GSIS v. Court of Appeals and Efrenia Celoso, G.R. No. 116015, July 31, 1996)
Related article: PAYMENT OF SSS AND GSIS CONTRIBUTIONS BY THE SAME PERSON AT THE SAME TIME
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