Can Siblings Claim Pension Benefits of a Deceased Member?

In the Philippines, the distribution of death benefits and pensions is strictly governed by social security laws—specifically the Social Security Act of 2018 (RA 11199) for the private sector and the GSIS Act of 1997 (RA 8291) for government employees.

A common question arises when a member dies without a spouse or children: Can siblings claim the pension? The answer depends on the member’s "dependency" status and the specific hierarchy of beneficiaries defined by law.


1. The Hierarchy of Beneficiaries

Under Philippine law, beneficiaries are categorized into two distinct groups. Siblings fall into the Secondary category, which significantly limits their eligibility.

Category Beneficiaries
Primary Beneficiaries Legal spouse (until remarriage) and legitimate, legitimated, or legally adopted children (below 21, unmarried, and unemployed).
Secondary Beneficiaries Dependent parents.
Designated Beneficiaries Any other person designated by the member in their records (where siblings are usually placed).

2. Can Siblings Receive a Monthly Pension?

Generally, no. Under both SSS and GSIS rules, the monthly pension is reserved exclusively for Primary Beneficiaries.

  • If a member is survived by a legal spouse or minor children, they receive the pension.
  • If there are no primary beneficiaries, the benefit shifts to the Secondary Beneficiaries (parents), but usually in the form of a lump sum, not a lifetime pension.

Siblings are not considered primary or secondary beneficiaries under the law. Therefore, they are ineligible for a monthly death pension, regardless of whether they were financially dependent on the deceased.


3. When Can Siblings Claim Anything?

While a pension is off the table, siblings may be eligible for a Lump Sum Benefit or Funeral Grant under very specific conditions:

  • As Designated Beneficiaries: If the member died without a spouse, children, or surviving parents, the SSS/GSIS will look at the "designated beneficiaries" listed on the member's records. If the member officially listed their siblings, those siblings may claim a one-time lump sum payment.
  • Intestate Succession: If the member failed to designate any beneficiary and has no primary or secondary beneficiaries, the benefit will be paid to the member's legal heirs in accordance with the Civil Code of the Philippines regarding intestate succession. In this case, siblings may claim a share of the lump sum.
  • Funeral Benefit: The person who actually paid for the burial expenses—whether a sibling, a friend, or a relative—is entitled to claim the Funeral Grant, provided they can present the official receipts.

4. Key Conditions for Siblings to Claim

For a sibling to successfully file a claim for a lump sum benefit, the following must be true:

  1. Absence of Primary Beneficiaries: The member must have been single (or a widower/widow) and had no children.
  2. Absence of Secondary Beneficiaries: Both parents of the deceased member must be deceased.
  3. Documentation: The sibling must provide the member’s death certificate, their own birth certificate (to prove relationship), and the birth certificates of the deceased to establish that they share the same parents.

5. The GSIS Distinction

For government employees under GSIS, if there are no primary or secondary beneficiaries, the legal heirs (including siblings) are entitled to the Cash Settlement (the member's contributions plus interest). However, like the SSS, the GSIS does not grant siblings a survivorship pension.


Summary of Legal Standing

While siblings are often the closest kin for single members, Philippine social security laws prioritize the "nuclear" family unit and dependent parents. Siblings act as a "last resort" in the hierarchy of benefits. They cannot claim a lifetime pension, but they are entitled to a one-time lump sum payment if they are the designated beneficiaries or the nearest legal heirs in the absence of a spouse, children, and parents.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.