Eligibility of SSS Pension for Beneficiaries Who Remarry Abroad
A Question-and-Answer Guide
Question: If I am a beneficiary of my deceased husband's SSS (Social Security System) pension, did not remarry in the Philippines but got married abroad, will I still be eligible as my dead husband’s sole beneficiary of his SSS pension?
Answer:
The eligibility for receiving an SSS pension as a beneficiary hinges on several conditions outlined by the Social Security System of the Philippines:
1. General Rule on Remarriage:
- According to the SSS, the primary beneficiary, which usually includes the legal spouse, loses the right to the pension upon remarriage. The reason for this provision is the presumption that the new spouse will support the beneficiary, making the pension from the deceased spouse unnecessary.
2. Location of Remarriage:
- The location of remarriage, whether in the Philippines or abroad, generally does not make a difference in determining eligibility. The act of remarriage itself typically disqualifies the beneficiary from continuing to receive the pension.
3. Dependency:
- Eligibility for the pension is based, in part, on dependency. The primary beneficiary (spouse) and dependent children of the deceased member are entitled to the pension. The remarriage of the primary beneficiary generally indicates that the spouse is no longer dependent on the support of the deceased member, leading to the cessation of the pension.
4. Disclosure and Reporting:
- It's essential to notify the SSS about any changes in civil status, including remarriage. Failing to report and continuing to receive the pension might result in penalties or the need to refund received amounts once discovered.
5. Other Beneficiaries:
- If the primary beneficiary loses the right to the pension due to remarriage, dependent minor children (below 21, unmarried, and not employed) can still be entitled to the pension. The amount previously allocated to the primary beneficiary would be divided equally among the eligible dependent children.
Conclusion:
In the context of the Philippine Social Security System, remarriage typically results in the cessation of the pension for the primary beneficiary, regardless of where the remarriage took place. It's important to ensure that the SSS is updated about any changes in your civil status and consult with them or a legal expert for clarity specific to your situation.
Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert or the Social Security System for advice specific to your situation.