Updated for the Social Security Act of 2018 (RA 11199) context

1) Quick primer: what benefit are we talking about?

When an SSS member dies, primary beneficiaries may receive a monthly death pension (if contribution conditions are met) or a lump sum (if not). In addition, up to five qualified children may receive a dependent’s pension on top of the monthly pension.

Primary beneficiaries are:

The legitimate spouse (the “dependent spouse”) until he or she remarries, and
The member’s dependent children — whether legitimate, legitimated, legally adopted, or illegitimate — who are:
- under 21 years old, unmarried, and not gainfully employed/self-supporting; or
- of any age but permanently incapacitated and dependent on the member if the incapacity began while a minor.

If there are no primary beneficiaries, benefits may go to secondary beneficiaries (dependent parents), and if none, to designated beneficiaries, typically as a lump sum.

2) Eligibility threshold: pension vs. lump sum

Monthly death pension is payable if the deceased member has at least 36 monthly contributions (paid before the semester of death).
If this threshold is not met, SSS pays a lump sum to the primary beneficiaries (or to secondary/designated beneficiaries if none).

The “division” rules below matter only if a monthly pension is payable. For a lump sum, SSS issues a one-time payment to the entitled beneficiaries (see §9).

3) The central rule on “who gets what”

A. Basic Monthly Pension (BMP)

The BMP is the main, recurring pension amount computed under SSS rules (similar to retirement formulas).
As a matter of payment mechanics, SSS typically releases the BMP to the dependent spouse (if any).
If there is no spouse (e.g., the member was unmarried/widowed, or the spouse is disqualified), the BMP is paid to/for the qualified children through their legal guardian.

This means the BMP is not literally sliced between spouse and children as fractional shares. The spouse generally receives the BMP, while the children’s share (if qualified) is through the dependent’s pension (see below). If there’s no spouse, the qualified children effectively receive the full pension through a guardian.

B. Dependent’s Pension (for children)

Each qualified child (legitimate or illegitimate) is entitled to a dependent’s pension equal to 10% of the BMP (or a statutory minimum amount, whichever applies), up to five (5) children, starting from the youngest.
This dependent’s pension is separate from the BMP and is in addition to it.
Illegitimate children stand on equal footing with legitimate children for this dependent’s pension, subject to the five-child cap and age/incapacity rules.
Payment goes to the parent/guardian who has custody of the child. If the spouse does not have custody of an illegitimate child, SSS pays the child’s 10% to the child’s guardian.

4) What “division” looks like in real life

Because of how SSS pays, the practical “division” between the spouse and an illegitimate child is:

Spouse: receives the full BMP, plus the dependent’s pension for any qualified child in their custody (if applicable).
Illegitimate child: receives 10% of the BMP as dependent’s pension (through their guardian) if the child is qualified (see §1). This is paid even if the spouse is receiving the BMP.
Cap: Only the five youngest qualified children get the 10% each. If there are more than five qualified children, the eldest qualified child(ren) are excluded in favor of the younger ones.

Illustrative examples

Spouse + one (1) qualified illegitimate child (not in spouse’s custody)
- SSS pays BMP to the spouse.
- SSS pays 10% of BMP to the child’s guardian (dependent’s pension).
Spouse + three (3) qualified children: one legitimate, two illegitimate
- BMP to spouse.
- 10% of BMP × 3 in total dependents’ pensions:
  - Paid to the spouse for the legitimate child if in spouse’s custody; and
  - Paid to the respective guardians of the two illegitimate children (if not in spouse’s custody).
No spouse (e.g., deceased was single) + two (2) qualified illegitimate children
- BMP is payable for the children, released to their guardian.
- Plus 10% of BMP × 2 as dependents’ pensions.

5) Key nuances affecting spouse and illegitimate child

Spouse disqualification/cessation:
- The spouse must be the legitimate spouse at the time of death. A void or bigamous marriage can disqualify.
- The spouse’s entitlement ceases upon remarriage. When that happens, payment of the pension continues for the remaining qualified primary beneficiaries (e.g., children) through their guardian(s).
Children’s qualification window:
- A child loses entitlement upon turning 21, getting married, or becoming gainfully employed/self-supporting, unless permanently incapacitated with onset while a minor.
- For the permanently incapacitated, entitlement may continue beyond 21, subject to proof.
Order and cap:
- Priority for dependents’ pension is by age, youngest first, up to the five-child cap.
- Legitimate and illegitimate children compete equally within this age-based ordering.
Separate households:
- If an illegitimate child lives apart from the spouse, SSS pays that child’s 10% to the child’s own guardian (often the mother), not to the spouse who receives the BMP.

6) If contributions are insufficient (no pension payable)

Where the deceased member has fewer than 36 monthly contributions:

SSS pays a lump sum to the primary beneficiaries.
If there is a spouse and children, SSS typically pays the lump sum jointly to the entitled primary beneficiaries, with SSS applying its internal apportionment rules (the spouse is not the exclusive payee).
If no primary beneficiaries, the secondary beneficiaries (dependent parents) may receive the lump sum; absent them, designated beneficiaries may claim.

(Practice tip: For a lump sum, be prepared for SSS to ask for additional documentation to apportion properly among the spouse, guardians of minor children, or other beneficiaries.)

7) Proof and documentation

Expect SSS to require (the exact list can vary by case/branch):

Member’s documents: Death certificate; SSS number; latest contribution record if available.
Spouse: PSA marriage certificate; government-issued ID; bank enrollment for pension crediting.
Children (legitimate/illegitimate/adopted):
- PSA birth certificate (showing the deceased as parent) or proof of filiation/acknowledgment (e.g., birth certificate with father’s name; recognition instrument; court order; in some disputes, other admissible proof).
- Proof of dependency: school records, certificates of non-employment, or medical records (for permanent incapacity).
- Guardianship documents if the child is not in the spouse’s custody (e.g., guardianship affidavit/court-issued guardianship when required).
Claim forms: SSS death claim forms, bank account enrollment form for pension crediting; IDs of claimants/guardians; photo/signature cards as SSS may require.

8) Common dispute scenarios (and how SSS generally treats them)

Competing spouses / void marriages: If the marriage to the claimant is void, the claimant is not a “dependent spouse.” In such cases, only the qualified children (legitimate or illegitimate) may receive.
Separated spouses: Legal separation does not necessarily disqualify the spouse; the spouse can remain the dependent spouse unless otherwise disqualified by law.
Illegitimate child recognition contested: SSS will look for documentary proof of filiation. Without it, payment to that child will be withheld until established.
More than five qualified children: Only the five youngest receive the 10% dependent’s pension each; the older qualified children are skipped.

9) Computation overview (plain-language)

BMP (main pension): Calculated using SSS formulas (based on credited years of service and average monthly salary credit).
Dependent’s pension: 10% of BMP per qualified child, up to five.
13th month: Death pensioners typically receive a 13th-month pension every December.
Funeral benefit: A separate funeral grant is payable to whoever paid for the funeral, regardless of beneficiary status.

10) Step-by-step claiming roadmap

Secure documents (see §7).
Identify all potential primary beneficiaries (spouse + all qualified children).
File at SSS: Submit death claim forms and IDs; indicate guardians for minor children living apart from the spouse.
SSS evaluation: Expect verification of marital status and children’s filiation/dependency.
Release of benefits:
- If pension:
  - BMP to the spouse (if entitled) or to the children’s guardian if no spouse/if spouse disqualified.
  - 10% per qualified child goes to the custodial guardian for that child.
- If lump sum: Paid to the entitled beneficiaries following SSS apportionment.
Keep status updated: Report remarriage (spouse), child turning 21, employment, or marriage of a child; report changes in guardianship or incapacity status.

11) Practical answers to frequent questions

Does the spouse “split” the BMP with an illegitimate child? No. The BMP is not split as a percentage with children. The spouse generally receives the BMP, while each qualified child (legitimate or illegitimate) gets a separate 10% of BMP as a dependent’s pension (subject to the five-child cap).
Can an illegitimate child be paid even if the spouse receives the BMP? Yes. The child’s 10% is payable independently to that child’s guardian if the child is qualified.
What if the spouse remarries? The spouse’s entitlement ceases upon remarriage. The pension continues for remaining qualified children (through guardian[s]).
Who receives if there’s no spouse? The children’s guardian receives the BMP for the qualified children, plus their 10% each.
What if there are more than five qualified children, including illegitimate ones? Only the five youngest receive the 10% each, regardless of legitimacy.

12) Checklist for the spouse and the guardian of an illegitimate child

Spouse:
- PSA marriage certificate; [ ] valid IDs; [ ] bank account enrollment;
- Death certificate of member; [ ] list of all qualified children (even if not in your custody).
Guardian of illegitimate child:
- Child’s PSA birth certificate naming the deceased as parent (or other proof of filiation);
- Proof the child is under 21, unmarried, not gainfully employed (or proof of permanent incapacity with onset as a minor);
- Guardianship documents/affidavits; [ ] valid IDs; [ ] bank details for crediting.

13) Bottom line

Illegitimate children are primary beneficiaries just like legitimate children and can receive the dependent’s pension (10% of BMP each, up to five youngest) even when a spouse is receiving the BMP.
The spouse generally receives the BMP (until remarriage or disqualification).
If no spouse (or if disqualified), the children receive through their guardian — effectively controlling both the BMP and the dependent’s pensions.

Friendly reminder

Specific edge cases (void marriages, competing claims, disputed filiation, permanent incapacity proofs) can materially change outcomes. When in doubt, prepare complete documents and be ready for SSS verification or legal advice tailored to your facts.