When Does the SSS Survivor’s Pension Start After the Member’s Death?

Philippine legal context, complete guide

Bottom line up front

“Contingency” = the member’s death. In Philippine Social Security law, the event that gives rise to a survivor’s claim is called a contingency. For death benefits, the contingency date is the date of death.
Effectivity of the monthly pension = first day of the month of death. If the survivors are entitled to a monthly pension (not just a lump sum), the pension accrues from the month the member died, not from the date the claim is filed or approved.
Retroactive payment is released upon approval. Cash actually gets paid only after SSS approves the claim—but when it is paid, it covers all months due from the month of death, subject to the rules on filing deadlines and prescription (see below).
No pro-rating. SSS monthly pensions are not pro-rated by days. Whether the member died on the 2nd or the 29th, the full month is credited.
File within 10 years. Death benefit claims are subject to prescription. If the claim is filed beyond the prescriptive period, the unpaid months can be forfeited.

Legal basis & key definitions

Governing law: Social Security Act of 2018 (Republic Act No. 11199), which amended the 1997 law (RA 8282), plus the SSS Charter’s Implementing Rules and subsequent SSS circulars and manuals.
Contingency: The legally relevant date that fixes entitlement. For death benefits, it is the date of death.
Primary vs. secondary beneficiaries:
- Primary: the dependent legal spouse and dependent child/ren (legitimate, legitimated, legally adopted, and illegitimate—subject to the statutory sharing rules), in that order of preference.
- Secondary: the dependent parents—but only if there are no primary beneficiaries, and only a lump sum (no monthly pension).
- If neither primary nor secondary beneficiaries exist: the legal heirs receive a lump sum (no monthly pension).

Only primary beneficiaries can receive a monthly survivor’s pension. Everyone else, if entitled at all, receives a lump sum that does not generate a monthly start date.

When the survivor’s monthly pension begins

1) Member dies while covered (not yet an SSS pensioner)

Start of entitlement: Month of death.
What gets paid: The deceased member’s basic monthly pension (BMP) computed under the law + dependent’s pension for up to five (5) dependent minor/disabled children.
Release timing: After SSS approval, arrears from the month of death up to the month before first release are paid in a lump, then monthly thereafter.

2) Member dies while already receiving an SSS monthly pension (retirement or disability)

Start of survivor’s entitlement: Still the month of death.
What gets paid: The survivor’s pension based on the deceased pensioner’s BMP (with dependent child allowances, if applicable). This replaces the decedent’s own pension going forward; there is no double-payment for the same month in both names.

Important: SSS also pays a funeral benefit, which is separate from (and does not affect the start of) the survivor’s pension.

Filing and retroactivity

General rule: If the claim is filed within the prescriptive period, the survivor’s pension—once granted—covers all months due starting the month of death.
Late filing within prescription: Even if you file months or a few years after the death, as long as it’s within the prescriptive period, SSS will pay the accrued months from the month of death up to the month before first actual payment.
Prescription (deadlines):
- Death benefit claims must be filed within ten (10) years from the contingency (the date of death).
- Filing after the prescriptive period can result in non-payment of otherwise-due months or outright denial.
No “partial month” rule: The first month credited is the full month in which the death occurred.

Who gets paid first, and what can delay the first release

Priority among beneficiaries:
1. Dependent spouse and dependent children (primary beneficiaries).
2. If none, dependent parents (lump sum).
3. If none, legal heirs (lump sum).
Dependency tests that affect timing:
- Spouse: must be validly married to the member and dependent for support at the time of death. Questions about separation, annulment, or bigamy can pause payment for validation.
- Children: must be unmarried, under 21, and not gainfully employed, or of any age if permanently incapacitated from childhood; documentary proof can affect how soon SSS releases arrears.
Guardianship for minors: If benefits are for a minor child, SSS may require a guardian (natural or court-appointed) and a conservatorship/guardianship bond in some cases—this can delay the first release but does not change the legal start date (month of death).
Conflicting claims: Overlaps (e.g., multiple spouses/children) are resolved first; arrears continue to accrue from the month of death and are released once entitlement and shares are settled.

Duration of the survivor’s pension

Spouse: Continues while the spouse remains eligible (e.g., typically ends on remarriage or upon loss of dependency).
Children: Each eligible child’s dependent’s pension continues until the child turns 21, marries, becomes gainfully employed, or recovers from a qualifying disability (if this was the basis).
Cap on children: Dependent’s pension is limited to five (5) children, following statutory order and rules on legitimate/illegitimate shares.

The end of a particular beneficiary’s entitlement does not retroactively affect the start date; it only affects future months.

Amounts, 13th-month, and other payment features

Computation base: Survivor’s monthly pension equals the member’s BMP under the law (not reproduced here) plus the dependent child allowance (per eligible child, up to five).
Adjustments/COLA: Survivors typically receive the same pension increases/COLA applied to SSS pensions, effective when the increase is implemented.
13th-month: If the survivor is receiving a monthly pension by December, SSS pays a 13th-month pension for that year, computed under prevailing SSS rules. If approval comes after December, the 13th-month for prior years is not paid separately unless included in arrears under the effective entitlement rules.

Practical examples

Death on 15 March 2024; claim filed June 2024; approved August 2024
- Legal start: March 2024.
- First release: August 2024 (after approval), including arrears for Mar–Jul 2024, then monthly thereafter.
Death on 2 January 2016; claim filed December 2025
- Legal start: January 2016.
- Prescription check: If 10 years have not lapsed (count carefully to the exact dates), arrears may still be fully payable from January 2016 through approval month. If filed after the 10-year mark, months beyond prescription can be barred.
Member dies; there is a legal spouse and three minor children
- Entitlement: Monthly survivor’s pension starts month of death, with child allowances for three children.
- If the spouse later remarries: the spouse’s share stops from the remarriage month forward, but children’s shares continue while eligible.
Member dies; no spouse/children; dependent parents exist
- Entitlement: Lump sum only (no monthly pension), hence no start month for a survivor’s pension.

Common pitfalls (and how to avoid them)

Waiting too long to file. The 10-year prescriptive period can erase months or the whole claim. File asap.
Missing documents. Unclear civil status or incomplete child dependency papers delays approval (but not the start month).
Assuming pro-rated first month. SSS does not pro-rate monthly pensions by days; plan cash-flow accordingly.
Confusing SSS with GSIS/EC rules. GSIS and Employees’ Compensation (EC) have different mechanics. EC death pension (if work-related) may be separate and also generally accrues from the month of death—but it is processed under a distinct program.

Quick checklist for survivors

File promptly (well within 10 years from date of death).
Prepare death certificate, member’s SSS proofs, marriage certificate (if spouse), birth certificates and school/enrollment or dependency proofs (for children), and IDs.
If a child is a minor or disabled, prepare guardianship or medical proofs as SSS may require.
Keep copies of submission receipts; follow up for approval and arrears computation.

Frequently asked clarifications

“We filed late—do we lose early months?” If still within 10 years, arrears are generally paid from the month of death once approved. After prescription, expect forfeitures.
“The member died mid-month. Do we get a partial month?” No. The full month counts.
“Does the survivor’s pension start earlier if we rush the filing?” The legal start (month of death) does not change. Early filing just means faster approval and release.
“What if there are competing spouses or disputed filiation?” SSS will withhold release until entitlement is resolved. Arrears continue to accrue from the month of death and are paid upon resolution.

Final note

This article consolidates the core rules and typical SSS practices for when the survivor’s pension starts—namely, the month of death—and how filing, entitlement, and prescription affect when and how money is actually released. For unusual fact patterns (e.g., contested marriages, adopted/illegitimate children’s shares, or disability claims for adult children), consult the nearest SSS branch or a Philippine social security law practitioner to align documents with the specific rules that apply to your case.