Claiming GSIS, SSS & OWWA Death Benefits in the Philippines
(A practitioner‑oriented overview of the law, procedure and common pitfalls)
1 | Introduction
When a Filipino worker dies, three different social‑insurance institutions may provide death benefits, depending on the worker’s sector and place of employment:
| Sector | Governing law | Institution | Typical beneficiaries |
|---|---|---|---|
| National & local government service | Republic Act 8291 (GSIS Act of 1997) | GSIS | Surviving spouse, dependent children, dependent parents |
| Private‑sector employment (local) | Republic Act 11199 (Social Security Act of 2018) | SSS | Same as above, plus designated secondary beneficiaries |
| Overseas employment | RA 10801 (OWWA Charter) + RA 8042 as amended | OWWA | Legal heirs of the Overseas Filipino Worker (OFW) |
Because membership rarely overlaps, treat each claim independently; however, the Employees’ Compensation Commission (ECC) scheme can run concurrently with GSIS or SSS benefits where the death is work‑related.
2 | Coverage & Membership Basics
| System | Mandatory Members | Optional Members |
|---|---|---|
| GSIS | All permanent, temporary, casual and contractual government employees receiving compensation, incl. elected officials | Uniformed AFP & PNP, contractuals paid from lump‑sum funds—if they opt in |
| SSS | Private‑sector employees < 60 yrs old earning ≥ ₱1,000/mo; household and kasambahay workers; self‑employed | Voluntary members, non‑working spouses, OFWs not yet OWWA‑enrolled |
| OWWA | Land‑based and sea‑based OFWs with valid OEC or POEA contract | Dual citizens and permanent residents abroad who opt in |
Tip: Always confirm that contributions were current at time of death; delinquency affects benefit type and computation.
3 | Death‐Benefit Schemes at a Glance
| Feature | GSIS | SSS | OWWA |
|---|---|---|---|
| Core benefit | Survivorship pension or lump‑sum cash, depending on service/contributions | Monthly pension or lump‑sum, depending on credited years | Fixed cash: ₱100 000 (natural) / ₱200 000 (accidental) |
| Funeral grant | ₱30 000 (increased periodically by Board) | ₱20 000 (flat) | ₱20 000 (burial) |
| Dependent child add‑on | 10 % of basic pension each, max 5 children | 10 % of basic pension each or ₱250, whichever higher | n/a |
| Basic qualification | At least 15 yrs service or at least 180 monthly GSIS premia | At least 36 monthly SSS contributions prior to semester of death for pension; otherwise, lump‑sum | Active OWWA membership + death within coverage (two‑year effectivity per contract) |
Reminder: Employees’ Compensation (PD 626) may add another ₱30 000 funeral grant and a separate pension if death is work‑related.
4 | Order of Beneficiaries
- Primary – Legal spouse (until remarriage) and legitimate, legitimated, legally adopted or acknowledged illegitimate children who are:
- Unmarried, not gainfully employed, and below 21 or incapacitated regardless of age.
- Secondary – Dependent parents; legitimate descendants; subject to each system’s charter.
- Designated beneficiaries recorded with the system (SSS Form E‑1, OWWA Information Sheet, etc.) take after secondary heirs if no primary/secondary exists, but before intestate heirs.
If several eligible, pensions are shared; cash grants are equally divided unless a notarised waiver redistributes shares.
5 | Documentary Requirements (core set)
| All systems | System‑specific essentials |
|---|---|
| PSA‑certified death certificate (original + 2 copies) | GSIS: Claim Form CLD‑FIN‑037; Service Record; GSIS eCard/BP number |
| PSA marriage certificate (if spouse claimant) | SSS: Death Claim Application (DDR‑1); RS‑1 for self‑employed validity; R‑3 employer postings |
| PSA birth certificates of all children + CENOMAR for surviving spouse | OWWA: OFW Information Sheet; Passport & POEA‑validated contract; plane ticket or Sea‑man’s Book if maritime |
| Government‑issued IDs of claimants |
Good practice: Photocopy each document on 8.5 × 13 inch bond, back‑to‑back if space permits. Consularised or apostilled documents are needed if the death occurred abroad.
6 | Step‑by‑Step Filing Procedure
A. GSIS
- Set appointment via GSIS GWAPS kiosk, mobile app, or branch call.
- Submit requirements to the Accounts Management Service window.
- Biometrics capture of each pension recipient; minors represented by guardian.
- Processing time: 30–45 days; e‑mail or SMS confirms approval.
- Release: Lump‑sum and first monthly pension credited to GSIS eCard or UMID‑ATM.
B. SSS
- Online registration in My.SSS and generation of appointment QR code (or walk‑in for simple cases).
- File DDR‑1 + supporting papers at the Member Services Section.
- Verification of posted contributions; discrepancies trigger an RFI (Request for Information).
- Processing time: 10–25 working days for complete claims.
- Release: Cheque or PESONet deposit to nominated bank; funeral grant may be released separately.
C. OWWA
- Visit the Regional Welfare Office (RWO) or Philippine Overseas Labor Office (POLO) if abroad.
- Submit death‑benefit application with seafarer/land‑based contract.
- Interview & evaluation; for accidental deaths, police reports and autopsy may be required.
- Processing time: 5–15 working days once complete.
- Release: Manager’s cheque or cash card; POLO usually wires to Philippine bank.
7 | Computation Highlights
GSIS Survivorship Pension
Survivorship Pension = 50 % of member’s Basic Monthly Pension + Dependent Children’s Pension (DCP)
Basic Monthly Pension = Average Monthly Compensation × (2 % × Years of Service)
- Lump‑sum (if service < 15 yrs): 100 % of AMC × No. Months of Service, but not less than ₱12 000.
- Minimum monthly survivorship pension: ₱5 000.
SSS Monthly Pension
Pension = Higher of:
(a) ₱300 + 20 % of AMSC + 2 % of AMSC × (Credited Years > 10)
(b) 40 % of AMSC
(c) ₱1 000–2 400 (floor varies with law amendments)
- Lump‑sum: Total paid contributions + 6 % annual interest.
OWWA Death Benefit
- ₱100 000 – natural death (including illness)
- ₱200 000 – accidental death (vehicle, workplace, force majeure)
- Burial: ₱20 000 reimbursed upon receipt submission.
8 | Prescriptive & Filing Periods
| System | Statute of action | Practical deadline |
|---|---|---|
| GSIS | 4 years under Civil Code Art. 1146 (per case law) | File within 4 yrs from death to avoid prescription |
| SSS | 10 years per Social Security Act §28(l) | SSS routinely accepts within 10 yrs, but earlier avoids lost contributions |
| OWWA | No explicit statutory limit, but POEA contract has 2‑year limitation for work ‑related claims; charter treats welfare benefits as continuing | Best practice: file within 1 year to minimise document lapse |
9 | Coordination with Employees’ Compensation (ECC)
- If the death is work‑connected, file an EC death claim simultaneously (through GSIS or SSS).
- A survivor may thus receive:
- SSS/GSIS pension, EC pension, funeral grants from both systems.
- ECC benefit is not offset against SSS or GSIS.
10 | Appeals & Remedies
| Level | GSIS | SSS | OWWA |
|---|---|---|---|
| 1st | Written protest to GSIS within 60 days of notice | SSS Commission petition within 60 days | OWWA Board protest within 15 days |
| 2nd | Board of Trustees reconsideration | Court of Appeals via Rule 43 | Secretary of DOLE |
| 3rd | Court of Appeals / SC | Supreme Court | Court of Appeals / SC |
Non‑lawyers may appear, but complex cases (multiple spouses, illegitimate ratio, conflicting IDs) warrant counsel or accredited paralegal.
11 | Common Pitfalls & How to Avoid Them
- Unposted contributions – Always keep pay‑slips and premium receipts; file an R‑3 correction early.
- Dual families – Submit judicial declaration of nullity or marital settlement; GSIS/SSS will hold payment until resolved.
- Name inconsistencies – Affidavit of Discrepancy plus PSA endorsement prevents delays.
- Lapsed guardianship – For minors turning 21, re‑file proof of dependency or APC (Auto‑Credit Pension) is halted.
12 | Practical Tips for Claimants
- Consolidate IDs early: UMID is accepted across all three agencies.
- Check membership status (Active/Inactive) through kiosk or online portal before filing.
- Get PSA documents online (https://psahelpline.ph) to avoid queue time.
- Request a benefit‑estimate print‑out from GSIS or SSS; helpful in estate settlement.
- Maintain an ATM in the beneficiary’s name; cheques are being phased out in favor of PESONet.
13 | Conclusion
While GSIS, SSS and OWWA share the humanitarian objective of shielding Filipino families from income loss due to death, each follows a distinct legal charter, eligibility rule and documentary set. Understanding these nuances—and filing promptly—maximises the aid a bereaved family can legally obtain. Because statutes and board resolutions evolve (e.g., periodic increases in funeral grants), always cross‑check the latest circulars or seek advice from a Philippine lawyer or accredited claims‑assistant before lodging your application.
This article is for informational purposes only and does not constitute legal advice. For case‑specific guidance, consult the respective agency or a qualified counsel.