OWWA and SSS Death Benefits Claim for Deceased OFW Philippines

Introduction

Overseas Filipino Workers (OFWs) play a vital role in the Philippine economy, remitting billions annually to support their families. Recognizing their contributions and vulnerabilities, the Philippine government has established social protection mechanisms through agencies like the Overseas Workers Welfare Administration (OWWA) and the Social Security System (SSS). In the event of an OFW's death, surviving family members may claim death benefits from these institutions to provide financial relief and support during bereavement.

This article provides a comprehensive overview of the legal framework, eligibility criteria, benefits, claiming procedures, and related considerations for OWWA and SSS death benefits specifically for deceased OFWs. It is grounded in Philippine laws and administrative guidelines, emphasizing the distinct yet complementary roles of OWWA and SSS. Understanding these processes is essential for beneficiaries to navigate claims efficiently, ensuring timely access to entitlements.

Legal Basis for OWWA Death Benefits

The OWWA, an attached agency of the Department of Migrant Workers (DMW, formerly the Department of Labor and Employment or DOLE), operates under Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended by Republic Act No. 10022 (2010). OWWA's mandate includes providing welfare services and benefits to active members and their families.

Death benefits are outlined in OWWA's Omnibus Policies (Board Resolution No. 038, Series of 2003, and subsequent amendments), which detail programs for OFWs who are active members at the time of death. Membership is typically acquired through a PHP 1,500 contribution (or equivalent in foreign currency) paid upon processing of employment contracts or voluntary renewal.

Eligibility and Benefits Under OWWA

Eligibility for OWWA death benefits requires that the deceased OFW was an active member at the time of death, meaning their membership had not expired (valid for two years from the last contribution). Active membership covers documented OFWs deployed through licensed agencies or direct hires approved by the Philippine Overseas Employment Administration (POEA, now integrated into DMW).

Benefits include:

• Death Benefit: A lump-sum amount of PHP 100,000 for natural death or PHP 200,000 for accidental death. These amounts are fixed and non-taxable.
• Burial Benefit: An additional PHP 20,000 to cover funeral expenses.
• Riders or Additional Coverage: For OFWs in high-risk areas, supplementary insurance may provide extra benefits, but these are not standard.

Beneficiaries are prioritized as follows: legal spouse, then legitimate children (shared equally if multiple), then parents, or siblings if no spouse or children. Illegitimate children may claim if acknowledged by the deceased.

Exclusions apply if death results from willful acts, such as suicide (unless proven otherwise) or involvement in illegal activities.

Procedure for Claiming OWWA Death Benefits

Claims must be filed within three years from the date of death. The process is administrative and can be initiated at OWWA regional offices, the OWWA Central Office in Manila, or overseas posts.

1. Gather Required Documents:

   • Original death certificate (from the host country, authenticated by the Philippine Embassy/Consulate, or PSA-issued if death occurred in the Philippines).
   • OWWA membership receipt or certification.
   • Marriage certificate (for spouse claimants).
   • Birth certificates of beneficiaries.
   • Affidavit of claimant(s) detailing relationship to the deceased.
   • Police or medical report (for accidental death).
   • Passport and employment contract of the deceased.
   • Special Power of Attorney if filed by a representative.

2. File the Claim: Submit documents to the nearest OWWA office. For families abroad, claims can be filed at Philippine Embassies or Consulates.

3. Processing and Evaluation: OWWA verifies membership and circumstances of death. This may take 7-45 working days, depending on document completeness.

4. Release of Benefits: Approved claims are disbursed via check, bank transfer, or cash. Appeals for denials can be made to the OWWA Board within 30 days.

OWWA also offers repatriation assistance for the remains, including coordination with airlines and coverage of costs up to PHP 50,000.

Legal Basis for SSS Death Benefits

The SSS operates under Republic Act No. 8282 (Social Security Act of 1997), which mandates social security coverage for all workers, including OFWs. OFWs can register as voluntary members or continue coverage from prior employment. Contributions are based on monthly salary credits, with a minimum of PHP 1,000.

Death benefits are provided under Section 13 of RA 8282, ensuring financial support to survivors of deceased members.

Eligibility and Benefits Under SSS

To qualify, the deceased OFW must have at least 36 monthly contributions prior to the semester of death. If fewer, a lump-sum benefit applies instead of a pension.

Benefits include:

• Monthly Pension: For primary beneficiaries (legal spouse until remarriage, legitimate/legitimated/adopted children under 21 or disabled). The pension is 100% of the basic pension plus 10% for each of up to five dependent children. The basic pension is based on the highest of: 35% of average monthly salary credit (AMSC), PHP 300 + 20% of AMSC + 2% per credited year beyond 10, or minimum pension (PHP 1,000-PHP 2,400 depending on contributions).
• Lump-Sum Benefit: If no pension eligibility, a one-time payment equal to 36 times the basic monthly pension or contributions paid plus interest, whichever is higher.
• Funeral Benefit: PHP 12,000 to the person who paid for the funeral (increased from prior amounts via SSS Circulars).

Beneficiaries follow this order: spouse and dependent children, then parents if no primary beneficiaries. OFWs under the Expanded OFW Coverage (via bilateral agreements) may have enhanced eligibility.

Exclusions include deaths from criminal acts or if membership lapsed without sufficient contributions.

Procedure for Claiming SSS Death Benefits

Claims have no strict deadline but should be filed promptly to avoid delays in pension accrual. Processing occurs at SSS branches nationwide or online via My.SSS portal.

1. Prepare Documents:

   • PSA-issued death certificate.
   • SSS membership records (e.g., SS number, contribution history).
   • Marriage and birth certificates for beneficiaries.
   • Affidavit of guardianship if for minors.
   • Funeral receipts for burial claim.
   • Bank account details for pension deposit.

2. Submit Application: Use SSS Form DDR-1 (Death Claim) for pension or lump-sum, and Form BPN-103 for funeral. File in person or online.

3. Verification: SSS reviews contributions and relationships, which may involve home visits or additional affidavits. Processing takes 10-30 working days.

4. Disbursement: Pensions are monthly via bank; lump-sums are one-time. Denials can be appealed to the Social Security Commission within 20 days, then to the Court of Appeals if needed.

Overlaps, Differences, and Coordination Between OWWA and SSS

OWWA and SSS benefits are not mutually exclusive; families can claim both if the OFW was covered by each. OWWA focuses on welfare for active OFWs, providing immediate lump-sum aid, while SSS offers long-term pension based on contributions, emphasizing social insurance.

Key differences:

• Coverage: OWWA is membership-based (flat fee), SSS is contribution-based (earnings-linked).
• Benefits Structure: OWWA is fixed lump-sum; SSS is pension or computed lump-sum.
• Processing Time: OWWA is faster for one-time claims; SSS pensions are ongoing.
• Tax Implications: Both are generally tax-exempt under the Tax Code.

Coordination occurs through data-sharing between agencies. For example, OWWA may refer claimants to SSS. In cases of work-related deaths, additional claims from the Employees' Compensation Commission (ECC) under PD 626 may apply, providing further benefits like PHP 15,000 funeral grant plus pension.

Special Considerations

• Deaths Abroad: Require consular reports and authentication via DFA apostille or red ribbon. Repatriation is handled by OWWA, with costs covered.
• Disputed Claims: Involve multiple heirs; require waivers or court orders for division.
• Pandemic-Related Deaths: COVID-19 deaths may qualify as accidental if work-related, per OWWA and SSS guidelines.
• Voluntary OFWs: Sea-based or undocumented OFWs may have limited coverage; regularization is advised.
• Digital Enhancements: Both agencies offer online portals (OWWA app, My.SSS) for tracking, reducing physical visits.
• Penalties for Fraud: Falsifying documents leads to disqualification and criminal charges under RA 10022 or the Revised Penal Code.
• Inflation Adjustments: Benefits may be updated via executive orders or laws; e.g., SSS pensions have minimum guarantees.

Conclusion

Claiming OWWA and SSS death benefits for deceased OFWs is a critical safety net, reflecting the Philippines' commitment to migrant workers' welfare. By understanding the legal bases, eligibility, and procedures, beneficiaries can secure deserved support efficiently. Families are encouraged to maintain updated records and consult agency hotlines (OWWA: 1348; SSS: 1455) or legal aid from the Public Attorney's Office for assistance. This framework not only provides financial relief but also honors the sacrifices of OFWs, ensuring their legacy supports their loved ones.