SC: Spouses who married SSS pensioners after date of disability can be beneficiaries | ABS-CBN
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SC: Spouses who married SSS pensioners after date of disability can be beneficiaries
MANILA — Spouses of pensioners who had suffered permanent total disability before the marriage are qualified to be primary beneficiaries under the Social Security Act, according to the Supreme Court.
MANILA — Spouses of pensioners who had suffered permanent total disability before the marriage are qualified to be primary beneficiaries under the Social Security Act, according to the Supreme Court.
In a decision of the en banc dated October 24, 2023, the provision on the date of disability was declared void for being contrary to due process and equal protection clauses of the Constitution.
In a decision of the en banc dated October 24, 2023, the provision on the date of disability was declared void for being contrary to due process and equal protection clauses of the Constitution.
The court granted the petition for review filed by Belinda Dolera, who challenged the ruling of the Court of Appeals upholding the decision of the SSS to deny Belinda's application after the death of her husband, Leonardo.
The court granted the petition for review filed by Belinda Dolera, who challenged the ruling of the Court of Appeals upholding the decision of the SSS to deny Belinda's application after the death of her husband, Leonardo.
The Supreme Court noted that, in 1980, Leonardo became disabled and started receiving his permanent disability pension.
The Supreme Court noted that, in 1980, Leonardo became disabled and started receiving his permanent disability pension.
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In 1981, Leonardo married his common-law spouse Belinda, with whom he shared a child.
In 1981, Leonardo married his common-law spouse Belinda, with whom he shared a child.
The couple stayed together as husband and wife until Leonardo's death in 2009.
The couple stayed together as husband and wife until Leonardo's death in 2009.
Belinda then filed a claim for survivorship pension but was denied under Section 13 of the SSS Law, which provides that only primary beneficiaries “as of the date of disability” shall be entitled to the monthly pension.
Belinda then filed a claim for survivorship pension but was denied under Section 13 of the SSS Law, which provides that only primary beneficiaries “as of the date of disability” shall be entitled to the monthly pension.
“It is incumbent upon the SSS to grant petitioner's claim for survivorship pension, which accrued from the death of her husband,” the Supreme Court said in the decision penned by Associate Justice Henri Jean Paul Inting.
“It is incumbent upon the SSS to grant petitioner's claim for survivorship pension, which accrued from the death of her husband,” the Supreme Court said in the decision penned by Associate Justice Henri Jean Paul Inting.
The Supreme Court stressed that the SSS provision was discriminatory against spouses who married pensioners after the latter qualified for their pension.
The Supreme Court stressed that the SSS provision was discriminatory against spouses who married pensioners after the latter qualified for their pension.
The court acknowledged that lawmakers wanted to prevent spouses only marrying pensioners for the SSS benefits, but ruled the provision was unreasonable.
The court acknowledged that lawmakers wanted to prevent spouses only marrying pensioners for the SSS benefits, but ruled the provision was unreasonable.
“On the contrary, it creates undue prejudice and discrimination against dependent spouses who did not contract their respective marriages to their pensioner-spouses for the purpose of obtaining benefits and who would otherwise be entitled to the survivorship pension if not for the unreasonable classification,” the court said.
“On the contrary, it creates undue prejudice and discrimination against dependent spouses who did not contract their respective marriages to their pensioner-spouses for the purpose of obtaining benefits and who would otherwise be entitled to the survivorship pension if not for the unreasonable classification,” the court said.
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