How to Claim SSS or GSIS Death Benefits in the Philippines (Complete Legal Guide)

Philippine context • For general guidance only; confirm current forms and amounts with SSS/GSIS before filing.

1) SSS vs GSIS at a glance

SSS (Social Security System): Covers private-sector employees, kasambahay, self-employed, OFWs, and voluntary members under R.A. 11199 (Social Security Act of 2018).
GSIS (Government Service Insurance System): Covers most government workers under R.A. 8291 (GSIS Act of 1997). (Uniformed personnel are under separate laws/systems.)

Both systems also administer Employees’ Compensation (EC) for work-related contingencies (under P.D. 626 and related issuances).

2) What benefits may be claimed after a member’s death?

A) SSS

Death Benefit
- Monthly pension to primary beneficiaries if the deceased met the minimum contribution requirement (see §4).
- Lump-sum payment if the contribution requirement isn’t met or there are no primary beneficiaries.
- Dependent’s pension for up to five dependent minor/disabled children (see §3).
Funeral Benefit (fixed amount; actual peso value is periodically adjusted).
EC Death Benefit (separate claim) if death is work-related—may be a pension or lump sum, plus an EC funeral benefit.

B) GSIS

Survivorship Pension (to primary beneficiaries) if the deceased was a pensioner or met service conditions for a pension (see §4).
Cash Payment/Lump Sum when the deceased does not meet the minimum service conditions for survivorship pension.
Life Insurance Proceeds (GSIS has a life insurance component for members; check the member’s policy record).
Funeral Benefit (fixed amount; periodically adjusted).
EC Death Benefit (separate, if work-related).

Tax: As a rule, SSS/GSIS and EC benefits are exempt from income tax and generally outside the estate-tax base; confirm any edge cases with a tax professional.

3) Who can claim? (Order of entitlement)

A) SSS Beneficiaries

Primary beneficiaries (first in line):
- Legal spouse (married to the member at the time of death) and
- Dependent children – legitimate, legitimated, legally adopted, and illegitimate who are unmarried and below 21, or of any age if permanently incapacitated.
- Only up to five dependents (starting from the youngest) receive the dependent’s pension.
Secondary beneficiaries (only if no primary): the dependent parents.
If none of the above: the designated beneficiary/ies on record or, in their absence, the legal heirs under the Civil Code.

Notes & edge cases

A common-law partner is not a primary beneficiary under SSS (but their illegitimate minor children with the member can qualify as dependents with proof of filiation).
The legal spouse’s entitlement can be affected by bigamy/void marriage issues; documentary proof of a valid subsisting marriage is key.

B) GSIS Beneficiaries

Primary beneficiaries: legal spouse and dependent minor/disabled children (definitions broadly parallel SSS).
Secondary beneficiaries: parents; if none, heirs under intestacy.
GSIS also recognizes life-insurance beneficiaries designated by the member for the insurance component (which may be different from survivorship beneficiaries).

4) When does a pension vs lump sum apply?

A) SSS (death benefit)

Monthly pension is generally payable to primary beneficiaries if the member paid at least 36 monthly contributions (counted under the SSS rules) before the “semester of death.”
If fewer contributions: lump sum to the entitled beneficiaries.
If the deceased was already an SSS pensioner, the primary beneficiaries may receive a death pension based on the pensioner’s entitlement at death.

Dependent’s pension: Up to five eligible children may each receive an additional allowance (a set percentage of the basic pension) until they age out or are no longer qualified.

B) GSIS (survivorship)

If the deceased was a GSIS pensioner: the surviving spouse and qualified children typically receive a survivorship pension based on the deceased’s basic monthly pension.
If death occurs while in government service: Survivors may get a survivorship pension if the member met minimum service conditions for a future GSIS pension; otherwise, a cash payment/lump sum applies. (Minimum service conditions and exact percentages are set by GSIS rules; check the member’s GSIS service record.)
Life insurance proceeds (if any) are claimable regardless of service length, per the policy.

5) Documents you’ll typically need

Prepare originals + photocopies. If documents are foreign-issued, have them apostilled or consularized, then PSA-registered where applicable.

Identity & civil status

Government ID/s of claimant(s) and deceased (preferably with photo & signature).
PSA Death Certificate of the member.
PSA Marriage Certificate (if spouse is claiming).
PSA Birth Certificates of children (showing filiation); Adoption Decree/final order for adopted children.
Medical proof of permanent disability (for adult disabled children).
CENOMAR or other proof may be required in complex marital histories.

Membership/financial

Member’s SSS/GSIS number, and Contribution/Service records (download/print if you have online access).
Bank account under the payee’s name (most agencies require a single-name savings account; joint accounts usually not allowed); submit validated deposit slip/passbook/ATM card copy as required.
Claim forms (current SSS “Death Claim Application”/DDR and GSIS “Application for Survivorship/Death” plus supporting schedules).

Work-related (EC) claims

Employer’s report of accident/illness, incident reports, medical abstracts, autopsy if applicable, and proof that the death is work-connected.

Guardianship

For minor children’s benefits, agencies may accept an affidavit of guardianship up to a monetary threshold; above that, a court-issued guardianship may be required.

6) Step-by-step: SSS death claim

Confirm eligibility & beneficiaries
- Check if 36+ monthly contributions exist and who the primary beneficiaries are (spouse/children).
Open/verify your My.SSS account (beneficiaries can file online in many cases).
Gather documents (see §5).
File the Death Claim (and Funeral claim, which may be filed by the person who paid the funeral expenses—can be different from the pension claimant).
If work-related, file EC claim separately with the employer’s support.
Compliance: Submit any additional proofs (e.g., proof of dependency, school certificates for near-21s, disability proof).
Payout: SSS pays via your enrolled bank account. Keep acknowledgments and claim numbers.
Post-approval: Update SSS when a child ages out/finishes school (if required) or if civil status changes (e.g., spouse remarriage), to avoid overpayments.

Tips

Multiple sets of children: file all dependents to avoid later disputes.
Employer failed to remit? Still file—SSS can enforce against the employer; present proof of employment.

7) Step-by-step: GSIS survivorship/death claim

Check GSIS membership & service record of the deceased (e.g., through eGSISMO or at a GSIS office).
Identify benefits applicable: survivorship pension vs cash payment; life insurance proceeds; funeral; EC (if work-related).
Complete GSIS forms and collate proofs (see §5).
File at a GSIS branch or via authorized channels.
Special cases: If the deceased had prior SSS service (e.g., before joining government), you may also have an SSS claim—handle each system separately.
Payout: via bank credit. Keep claim references.
Ongoing duties: Report changes (e.g., a minor child turns 18/21, or finishes school if required; beneficiary’s civil status changes; disability status updates).

8) How amounts are computed (high-level)

SSS death pension depends on the member’s Average Monthly Salary Credit (AMSC) and Credited Years of Service (CYS), subject to minimums/floors and standard dependent’s pension rules (additional percentage per child, up to five).
GSIS survivorship is typically a percentage of the deceased’s basic monthly pension (if already a pensioner) or computed from service/compensation if death occurred while in service; cash payment rules apply if service is insufficient.
Funeral benefits under both systems are fixed amounts from time to time.
EC benefits have their own schedule (pension or lump sum + funeral), separate from regular SSS/GSIS.

Exact peso amounts and formulas are periodically revised. Always check the current schedules when you file.

9) Timing, effectivity, and retroactivity

File as soon as practicable. Agencies may pay from the month of death if promptly filed; late filing can limit the retroactive months you receive.
Some documentary gaps can be covered by Affidavit of Undertaking with later submission, but complete papers speed up processing.

10) Special scenarios & practical guidance

Competing claims (e.g., two “spouses”): Agencies will require court/judicial proof on marital validity. Payments may be held in escrow pending resolution.
Illegitimate and legitimate children: Both sets may qualify as dependents if they meet age/disability rules; provide proof of filiation (birth certificate naming the father, recognition documents, DNA if needed).
Annulment/void marriage: The legal spouse at death (if any) matters; consult counsel for nuanced Family Code issues.
Beneficiary abroad: Consularized/apostilled documents and video/online verification may be required; many filings can start remotely.
Guardianship: Use the agency’s standard guardianship affidavit where allowed; otherwise secure a court appointment.
Overpayments: If you continue receiving a benefit after disqualification (e.g., child ages out), agencies can collect; proactively report changes.

11) EC (Employees’ Compensation) death claims (SSS/GSIS)

File in addition to the regular death/survivorship claim if death is work-connected (accident, occupational disease, or illness proven work-aggravated).
Needs employer’s reports, medical documentation, and proof of the work nexus.
Provides pension (if conditions are met) or lump sum, plus an EC funeral benefit.

12) Can you claim from both SSS and GSIS?

Yes, if the deceased had covered service in both systems at different times (e.g., private-sector years then government service). Each system evaluates its claim independently based on its own records and rules.
No “double claim” within the same system for the same period of coverage.
EC claims follow the system corresponding to the employment where the work-related cause occurred.

13) Appeals and dispute resolution

SSS: Adverse decisions may be appealed to the SSS Commission, then to the Court of Appeals via Rule 43, within the prescribed periods.
GSIS: File a reconsideration/appeal with GSIS (e.g., Benefits Administration/BOC), then to the Court of Appeals via Rule 43.
Keep timestamps, receipts, and complete copies of all submissions.

14) Quick checklists

A) SSS

My.SSS access set up
Death, funeral, and (if applicable) EC claim prepared
PSA Death/Marriage/Birth docs, IDs
Bank account (single-name), voided check/passbook copy
Guardianship documents (if minors)
Employer’s reports (for EC)

B) GSIS

eGSISMO/record validation
Survivorship/cash, insurance, funeral, EC claims mapped
PSA civil status & filiation proofs; IDs
Bank account, forms, and any policy beneficiary designations
Guardianship (if minors)
Employer/service certification (if needed), EC employer reports

15) FAQs

Q: How long does processing take? A: It varies by completeness of papers, verification needs (e.g., marital status, multiple dependents), and whether EC is involved. Submit complete documents to avoid rework.

Q: Does the spouse lose the benefit upon remarriage? A: Rules differ by system and may change. Spousal entitlement is always tied to legal status and ongoing eligibility conditions; check the latest implementing rules when you file.

Q: Are benefits taxable? A: SSS/GSIS and EC benefits are generally income-tax exempt. Bank interest you earn after receiving them is taxable.

Q: My employer didn’t remit SSS. Can we still claim? A: Yes. File the claim; SSS can pursue the employer for remittances. Provide proof of employment and wages.

16) Professional pointers

Start both tracks early if the deceased had SSS and GSIS histories.
Document the family tree (marriages, annulments, kids with birthdates) up front to preempt disputes.
Preserve evidence for EC (incident reports, medical records) quickly.
When in doubt on marital validity/filiation, consult a family-law practitioner; agency frontlines cannot adjudicate complex civil-status issues.

Final word

This guide captures the stable legal architecture (R.A. 11199, R.A. 8291, EC laws) and the usual documentary and procedural playbook. Exact amounts, forms, and digital channels are periodically updated by SSS and GSIS—verify those specifics when you prepare your filing. If you’d like, tell me your situation (private vs government service, number/ages of kids, work-related or not), and I’ll tailor a one-page checklist you can use at the counter.