May 30, 1997

REPUBLIC ACT NO. 8291

AN ACT AMENDING PRESIDENTIAL DECREE NO. "(g) Primary beneficiaries The legal dependent spouse until
1146, AS AMENDED, EXPANDING AND INCREASING he/she
THE COVERAGE AND BENEFITS OF THE
GOVERNMENT SERVICE INSURANCE SYSTEM, remarries and the dependent children;
INSTITUTING REFORMS THEREIN AND FOR
"(h) Secondary beneficiaries The dependent parents and,
OTHER PURPOSES
subject to the restrictions on dependent children, the legitimate
SECTION 1. Presidential Decree No. 1146, as amended, descendants;
otherwise known as the "Revised Government Service
"(i) Compensation The basic pay or salary received by an
Insurance Act of 1977", is hereby further amended to read as
employee, pursuant to his election/appointment, excluding per
follows:
diems, bonuses, overtime pay, honoraria, allowances and any
"SECTION 1. Title. The short title of this Act shall be: 'The other emoluments received in addition to the basic pay which
Government Service Insurance System Act of 1997.' are not integrated into the basic pay under existing laws;

"A. DEFINITIONS "(j) Contribution The amount payable to the GSIS by the
member and the employer in accordance with Section 5 of this
"SECTION 2. Definition of Terms. Unless the context Act;
otherwise indicates, the following terms shall mean:
"(k) Current Daily Compensation The actual daily
"(a) GSIS The Government Service Insurance System compensation or the actual monthly compensation divided by
created by Commonwealth Act No. 186; the number of working days in the month of contingency but
not to exceed twenty-two (22) days;
"(b) Board The Board of Trustees of the Government
Service Insurance System; "(l) Average Monthly Compensation (AMC) The quotient
arrived at after dividing the aggregate compensation received
"(c) Employer The national government, its political by the member during his last thirty-six (36) months of service
subdivisions, branches, agencies or instrumentalities, including preceding his separation/retirement/disability/death by thirty-
government-owned or controlled corporations, and financial six (36), or by the number of months he received such
institutions with original charters, the constitutional compensation if he has less than thirty-six (36) months of
commissions and the judiciary; service: Provided, That the average monthly compensation
shall in no case exceed the amount and rate as may be
"(d) Employee or Member Any person, receiving
respectively set by the Board under the rules and regulations
compensation while in the service of an employer as defined
implementing this Act as determined by the actuary of the
herein, whether by election or appointment, irrespective of
GSIS: Provided, further, That initially the average monthly
status of appointment, including barangay and sanggunian
compensation shall not exceed Ten thousand pesos
officials;
(P10,000.00), and premium shall be nine percent (9%) and
"(e) Active Member A member who is not separated from twelve percent (12%) for employee and employer covering the
the service; AMC limit and below; and two percent (2%) and twelve
percent (12%) for employee and employer covering the
"(f) Dependents Dependents shall be the following: (a) the compensation above the AMC limit;
legitimate spouse dependent for support upon the member or
pensioner; (b) the legitimate, legitimated, legally adopted "(m) Revalued average monthly compensation An amount
child, including the illegitimate child, who is unmarried, not equal to one hundred seventy percent (170%) of the first One
gainfully employed, not over the age of majority, or is over the thousand pesos (P1,000) of the average monthly compensation
age of majority but incapacitated and incapable of self-support plus one hundred percent (100%) of the average monthly
due to a mental or physical defect acquired prior to age of compensation in excess of One thousand pesos (P1,000);
majority; and (c) the parents dependent upon the member for
"(n) Lump sum The basic monthly pension multiplied by
support;
sixty (60);
"(o) Pensioner Any person receiving old-age or permanent "C. SOURCES OF FUNDS
total disability pension or any person who has received the
lump sum excluding one receiving survivorship pension "SECTION 5. Contributions. (a) It shall be mandatory for
benefits as defined in Section 20 of this Act; the member and the employer to pay the monthly contributions
specified in the following schedule:
"(p) Gainful Occupation Any productive activity that
provided the member with income at least equal to the "Monthly Compensation Percentage of Monthly
minimum compensation of government employees;
Compensation Payable by
"(q) Disability Any loss or impairment of the normal
Member Employer
functions of the physical and/or mental faculty of a member
which reduces or eliminates his/her capacity to continue with I. Maximum Average
his/her current gainful occupation or engage in any other
gainful occupation; Monthly Compensation

"(r) Total Disability Complete incapacity to continue with (AMC) Limit and Below 9.0% 12.0%
his present employment or engage in any gainful occupation
II. Over the Maximum AMC Limit
due to the loss or impairment of the normal functions of the
physical and/or mental faculties of the member; III.
"(s) Permanent Total Disability Accrues or arises when Up to the Maximum AMC Limit 9.0% 12.0%
recovery from the impairment mentioned in Section 2(Q) is
medically remote; In Excess of the AMC Limit 2.0% 12.0%

"(t) Temporary Total Disability Accrues or arises when the "Members of the judiciary and constitutional commissioners
impaired physical and/or mental faculties can be rehabilitated shall pay three percent (3%) of their monthly compensation as
and/or restored to their normal functions; personal share, and their employers a corresponding three
percent (3%) share for their life insurance coverage.
"(u) Permanent Partial Disability Accrues or arises upon the
irrevocable loss or impairment of certain portion/s of the "(b) The employer shall include in its annual appropriation the
physical faculties, despite which the member is able to pursue necessary amounts for its share of the contributions indicated
a gainful occupation. above, plus any additional premiums that may be required on
account of the hazards or risks of its employees' occupation.
"B. MEMBERSHIP IN THE GSIS
"(c) It shall be mandatory and compulsory for all employers to
"SECTION 3. Compulsory Membership. Membership in include the payment of contributions in their annual
the GSIS shall be compulsory for all employees receiving appropriations. Penal sanctions shall be imposed upon
compensation who have not reached the compulsory retirement employers who fail to include the payment of contributions in
age, irrespective of employment status, except members of the their annual appropriations or otherwise fail to remit the
Armed Forces of the Philippines and the Philippine National accurate/exact amount of contributions on time, or delay the
Police, subject to the condition that they must settle first their remittance of premium contributions to the GSIS. The heads of
financial obligation with the GSIS, and contractuals who have offices and agencies shall be administratively liable for non-
no employer and employee relationship with the agencies they remittance or delayed remittance of premium contributions to
serve. the GSIS.
"Except for the members of the judiciary and constitutional "SECTION 6. Collection and Remittance of Contributions.
commissions who shall have life insurance only, all members (a) The employer shall report to the GSIS the names of all its
of the GSIS shall have life insurance, retirement, and all other employees, their corresponding employment status, positions,
social security protection such as disability, survivorship, salaries and such other pertinent information, including
separation, and unemployment benefits. subsequent changes therein, if any, as may be required by the
GSIS; the employer shall deduct each month from the monthly
"SECTION 4. Effect of Separation from the Service. A
salary or compensation of each employee the contribution
member separated from the service shall continue to be a
payable by him in accordance with the schedule prescribed in
member, and shall be entitled to whatever benefits he has
the rules and regulations implementing this Act.
qualified to in the event of any contingency compensable
under this Act.
"(b) Each employer shall remit directly to the GSIS the computation of service in case of reinstatement in the service
employees' and employers' contributions within the first ten of an employer and subsequent retirement or separation which
(10) days of the calendar month following the month to which is compensable under this Act.
the contributions apply. The remittance by the employer of the
contributions to the GSIS shall take priority over and above the "For the purpose of this section the term service shall include
payment of any and all obligations, except salaries and wages full time service with compensation: Provided, That part time
of its employees. and other services with compensation may be included under
such rules and regulations as may be prescribed by the GSIS.
"SECTION 7. Interests on Delayed Remittances. Agencies
which delay the remittance of any and all monies due the GSIS "SEPARATION BENEFITS
shall be charged interests as may be prescribed by the Board
"SECTION 11. Separation Benefits. The separation benefit
but not less than two percent (2%) simple interest per month.
shall consist of: (a) a cash payment equivalent to one hundred
Such interest shall be paid by the employers concerned.
percent (100%) of his average monthly compensation for each
"SECTION 8. Government Guarantee. The government of year of service he paid contributions, but not less than Twelve
the Republic of the Philippines hereby guarantees the thousand pesos (P12,000) payable upon reaching sixty (60)
fulfillment of the obligations of the GSIS to its members as years of age or upon separation, whichever comes later:
and when they fall due. Provided, That the member resigns or separates from the
service after he has rendered at least three (3) years of service
"D. BENEFITS but less than fifteen (15) years; or

"SECTION 9. Computation of the Basic Monthly Pension. "(b) A cash payment equivalent to eighteen (18) times his
(a) the basic monthly pension is equal to: basic monthly pension payable at the time of resignation or
separation, plus an old-age pension benefit equal to the basic
"1) thirty-seven and one-half percent (37.5%) of the revalued monthly pension payable monthly for life upon reaching the
average monthly compensation; plus age of sixty (60): Provided, That the member resigns or
separates from the service after he has rendered at least fifteen
"2) two and one-half percent (2.5%) of said revalued average
(15) years of service and is below sixty (60) years of age at the
monthly compensation for each year of service in excess of
time of resignation or separation.
fifteen (15) years: Provided, That the basic monthly pension
shall not exceed ninety percent (90%) of the average monthly "SECTION 12. Unemployment or Involuntary Separation
compensation. Benefits. Unemployment benefits in the form of monthly
cash payments equivalent to fifty percent (50%) of the average
"(b) The basic monthly pension may be adjusted upon the
monthly compensation shall be paid to a permanent employee
recommendation of the President and General Manager of the
who is involuntarily separated from the service due to the
GSIS and approved by the President of the Philippines in
abolition of his office or position usually resulting from
accordance with the rules and regulations prescribed by the
reorganization: Provided, That he has been paying integrated
GSIS: Provided, however, That the basic monthly pension
contributions for at least one (1) year prior to separation.
shall not be less than One thousand and three hundred pesos
Unemployment benefits shall be paid in accordance with the
(P1,300.00): Provided, further, That the basic monthly pension
following schedule:
for those who have rendered at least twenty (20) years of
service after the effectivity of this Act shall not be less than "Contributions Made Benefit Duration
Two thousand four hundred pesos (P2,400.00) a month.
1 year but less than 3 years 2 months
"SECTION 10. Computation of Service. (a) The
computation of service for the purpose of determining the 3 or more years but less than 6 years 3 months
amount of benefits payable under this Act shall be from the
date of original appointment/election, including periods of 6 or more years but less than 9 years 4 months
service at different times under one or more employers, those
9 or more years but less than 11 years 5 months
performed overseas under the authority of the Republic of the
Philippines, and those that may be prescribed by the GSIS in 11 or more years but less than 15 years 6 months
coordination with the Civil Service Commission.
"The first payment shall be equivalent to two (2) monthly
"(b) All service credited for retirement, resignation or benefits. A seven-day (7) waiting period shall be imposed on
separation for which corresponding benefits have been succeeding monthly payments.
awarded under this Act or other laws shall be excluded in the
"All accumulated unemployment benefits paid to the employee and 17 immediately following, subject to the corresponding
during his entire membership with the GSIS shall be deducted conditions therefor.
from voluntary separation benefits.
"SECTION 16. Permanent Total Disability Benefits. (a) If
"The GSIS shall prescribe the detailed guidelines in the the permanent disability is total, he shall receive a monthly
operationalization of this section in the rules and regulations income benefit for life equal to the basic monthly pension
implementing this Act. effective from the date of disability: Provided, That:

"RETIREMENT BENEFITS (1) he is in the service at the time of disability; or

"SECTION 13. Retirement Benefits. (a) Retirement benefit (2) if separated from the service, he has paid at least thirty-six
shall be: (36) monthly contributions within the five (5) year period
immediately preceding his disability, or has paid a total of at
"(1) the lump sum payment as defined in this Act payable at least one hundred eighty (180) monthly contributions, prior to
the time of retirement plus an old-age pension benefit equal to his disability: Provided, further, That if at the time of
the basic monthly pension payable monthly for life, starting disability, he was in the service and has paid a total of at least
upon expiration of the five-year (5) guaranteed period covered one hundred eighty (180) monthly contributions, in addition to
by the lump sum; or the monthly income benefit, he shall receive a cash payment
equivalent to eighteen (18) times his basic monthly pension:
"(2) cash payment equivalent to eighteen (18) months of his
Provided, finally, That a member cannot enjoy the monthly
basic monthly pension plus monthly pension for life payable
income benefit for permanent disability and the old-age
immediately with no five-year (5) guarantee.
retirement simultaneously.
"(b) Unless the service is extended by appropriate authorities,
"(b) If a member who suffers permanent total disability does
retirement shall be compulsory for an employee at sixty-five
not satisfy conditions (1) and (2) in paragraph (a) of this
(65) years of age with at least fifteen (15) years of service:
section but has rendered at least three (3) years service at the
Provided, That if he has less than fifteen (15) years of service,
time of his disability, he shall be advanced the cash payment
he may be allowed to continue in the service in accordance
equivalent to one hundred percent (100%) of his average
with existing civil service rules and regulations.
monthly compensation for each year of service he paid
"SECTION 13-A. Conditions for Entitlement. A member contributions, but not less than Twelve Thousand pesos
who retires from the service shall be entitled to the retirement (P12,000) which should have been his separation benefit.
benefits in paragraph (a) of Section 13 hereof: Provided, That:
"(c) Unless the member has reached the minimum retirement
(1) he has rendered at least fifteen (15) years of service; age, disability benefit shall be suspended when:

(2) he is at least sixty (60) years of age at the time of "(1) he is reemployed or
retirement; and
"(2) he recovers from disability as determined by the GSIS,
(3) he is not receiving a monthly pension benefit from whose decision shall be final and binding; or
permanent total disability.
"(3) he fails to present himself for medical examination when
"SECTION 14. Periodic Pension Adjustment. The monthly required by the GSIS.
pension of all pensioners including all those receiving
"(d) The following disabilities shall be deemed total and
survivorship pension benefits shall be periodically adjusted as
permanent:
may be recommended by the GSIS' actuary and approved by
the Board in accordance with the rules and regulations "(1) complete loss of sight of both eyes;
prescribed by the GSIS.
"(2) loss of two (2) limbs at or above the ankle or wrist;
"PERMANENT DISABILITY BENEFITS
"(3) permanent complete paralysis of two(2) limbs;
"SECTION 15. General Conditions for Entitlement. A
member who suffers permanent disability for reasons not due "(4) brain injury resulting in incurable imbecility or insanity;
to his grave misconduct, notorious negligence, habitual and
intoxication, or willful intention to kill himself or another,
shall be entitled to the benefits provided for under Sections 16 "(5) such other cases as may be determined by the GSIS.
"SECTION 17. Permanent Partial Disability Benefits. (a) If "(b) The temporary total disability benefit shall in no case be
the disability is partial, he shall receive a cash payment in less than Seventy pesos (P70.00) a day.
accordance with a schedule of disabilities to be prescribed by
the GSIS: Provided, That he satisfies either conditions (1) or "(c) The notices required of the member and the employer, the
(2) of Section 16(a); mode of payment, and the other requirements for entitlement
to temporary total disability benefits shall be provided in the
"(b) The following disabilities shall be deemed permanent and rules and regulations to be prescribed by the GSIS.
partial:
"SECTION 19. Non-scheduled Disability. For injuries or
"(1) complete and permanent loss of the use of: illnesses resulting in a disability not listed in the schedule of
partial/total disability, as provided herein, the GSIS shall
(i) any finger determine the nature of the disability and the corresponding
benefits therefor.
(ii) any toe
"SURVIVORSHIP BENEFITS
(iii) one arm
"SECTION 20. Survivorship Benefits. When a member or
(iv) one hand
pensioner dies, the beneficiaries shall be entitled to
(v) one foot survivorship benefits provided in Sections 21 and 22 hereunder
subject to the conditions therein provided for. The survivorship
(vi) one leg pension shall consist of:

(vii) one or both ears (1) the basic survivorship pension which is fifty percent (50%)
of the basic monthly pension; and
(viii) hearing of one or both ears
(2) the dependent children's pension not exceeding fifty
(ix) sight of one eye
percent (50%) of the basic monthly pension.
"(2) such other cases as may be determined by the GSIS.
(3)
"TEMPORARY DISABILITY BENEFITS
"SECTION 21. Death of a Member. (a) Upon the death of a
"SECTION 18. Temporary Total Disability Benefit. (a) A member, the primary beneficiaries shall be entitled to:
member who suffers temporary total disability for reasons not
(1) survivorship pension: Provided, That the deceased:
due to any of the conditions enumerated in Section 15 hereof
shall be entitled to seventy-five percent (75%) of his current (i) was in the service at the time of his death; or
daily compensation for each day or fraction thereof of
temporary disability benefit not exceeding one hundred twenty (ii) if separated from the service, has at least three (3) years of
(120) days in one calendar year after exhausting all his sick service at the time of his death and has paid thirty-six (36)
leave credits and collective bargaining agreement sick leave monthly contributions within the five-year period immediately
benefits, if any, but not earlier than the fourth day of his preceding his death; or has paid a total of at least one hundred
temporary total disability: Provided, That: eighty (180) monthly contributions prior to his death; or

"(1) he is in the service at the time of his disability; or (2) the survivorship pension plus a cash payment equivalent to
one hundred percent (100%) of his average monthly
"(2) if separated, he has rendered at least three (3) years of compensation for every year of service: Provided, That the
service and has paid at least six (6) monthly contributions in deceased was in the service at the time of his death with at
the twelve-month period immediately preceding his disability. least three (3) years of service; or

Provided, however, That a member cannot enjoy the temporary (3) a cash payment equivalent to one hundred percent (100%)
total disability benefit and sick leave pay simultaneously: of his average monthly compensation for each year of service
Provided, further, That if the disability requires more extensive he paid contributions, but not less than Twelve thousand pesos
treatment that lasts beyond one hundred twenty (120) days, the (P12,000.00): Provided, That the deceased has rendered at
payment of the temporary total disability benefit may be least three (3) years of service prior to his death but does not
extended by the GSIS but not to exceed a total of two hundred qualify for the benefits under the item (1) or (2) of this
forty (240) days. paragraph.
(b) The survivorship pension shall be paid as follows: (b) a member who has been separated from the service, but
who may be entitled to future benefit pursuant to Section 4 of
(1) when the dependent spouse is the only survivor, he/she this Act; or
shall receive the basic survivorship pension for life or until
he/she remarries; (c) a pensioner, as defined in Section 2(o) of this Act; or

(2) when only dependent children are the survivors, they shall (d) a retiree who at the time of his retirement was of
be entitled to the basic survivorship pension for as long as they pensionable age under this Act but who opted to retire under
are qualified, plus the dependent children's pension equivalent Republic Act No. 1616.
to ten percent (10%) of the basic monthly pension for every
dependent child not exceeding five (5), counted from the "LIFE INSURANCE BENEFITS
youngest and without substitution;
"SECTION 24. Compulsory Life Insurance. All employees
(3) when the survivors are the dependent spouse and the except for Members of the Armed Forces of the Philippines
dependent children, the dependent spouse shall receive the (AFP) and the Philippine National Police (PNP) shall, under
basic survivorship pension for life or until he/she remarries, such terms and conditions as may be promulgated by the GSIS,
and the dependent children shall receive the dependent be compulsorily covered with life insurance, which shall
children's pension mentioned in the immediately preceding automatically take effect as follows:
paragraph (2) hereof.
(1) for those employed after the effectivity of this Act, their
(c) In the absence of primary beneficiaries, the secondary insurance shall take effect on the date of their employment;
beneficiaries shall be entitled to:
(2) for those whose insurance will mature after the effectivity
(1) the cash payment equivalent to one hundred percent of this Act, their insurance shall be deemed renewed on the
(100%) of his average monthly compensation for each year of day following the maturity or expiry date of their insurance;
service he paid contributions, but not less than Twelve
(3) for those without any life insurance as of the effectivity of
thousand pesos (P12,000): Provided, That the member is in the
this Act, their insurance shall take effect following said
service at the time of his death and has at least three (3) years
effectivity.
of service; or
"SECTION 25. Dividends. An annual dividend may be
(2) in the absence of secondary beneficiaries, the benefits
granted to all members of the GSIS whose life insurance is in
under this paragraph shall be paid to his legal heirs.
force for at least one (1) year in accordance with a dividend
(d) For purposes of the survivorship benefits, legitimate allocation formula to be determined by the GSIS.
children shall include legally adopted and legitimate children.
"SECTION 26. Optional Insurance. Subject to the rules and
"SECTION 22. Death of a Pensioner. Upon the death of an regulations prescribed by the GSIS, a member may apply for
old-age pensioner or a member receiving the monthly income insurance and/or pre-need coverage embracing life, health,
benefit for permanent disability, the qualified beneficiaries hospitalization, education, memorial plans, and such other
shall be entitled to the survivorship pension defined in Section plans as may be designed by the GSIS, for himself and/or his
20 of this Act, subject to the provisions of paragraph (b) of dependents. Any employer may likewise apply for group
Section 21 hereof. When the pensioner dies within the period insurance coverage for its employees. The payment of the
covered by the lump sum, the survivorship pension shall be premiums/installments for optional insurance and pre-need
paid only after the expiration of the said period. products may be made by the insured or his employer and/or
any person acceptable to the GSIS.
"FUNERAL BENEFITS
"SECTION 27. Reinsurance. The GSIS may reinsure any of
"SECTION 23. Funeral Benefit. The amount of funeral its interests or part thereof with any private company or
benefit shall be determined and specified by the GSIS in the reinsurer whether domestic or foreign: Provided, That the
rules and regulations but shall not be less than Twelve GSIS shall submit an annual report on its reinsurance
thousand pesos (P12,000.00): Provided, That it shall be operations to the Insurance Commission.
increased to at least Eighteen thousand pesos (P18,000.00)
after five (5) years and shall be paid upon the death of: "E. ADJUDICATION OF CLAIMS AND DISPUTES

(a) an active member as defined under Section 2(e) of this Act;

or
"SECTION 28. Prescription. Claims for benefits under this provincial sheriff or its appointed sheriff such writs of
Act except for life and retirement shall prescribe after four (4) execution as may be necessary for the enforcement of such
years from the date of contingency. decision or award, and any person who shall fail or refuse to
comply with such decision, award, writ or process after being
"SECTION 29. Facility of Payment. The GSIS shall required to do so, shall, upon application by the GSIS, be
prescribe rules and regulations to facilitate payment of benefit, punished for contempt.
proceeds, and claims under this Act and any other laws
administered by the GSIS. Payments made by the GSIS prior "SECTION 33. Oaths, Witnesses, and Production of Records.
to its receipt of an adverse claim, to a beneficiary or claimant When authorized by the Board, an official or employee of
subsequently found not entitled thereto, shall not bar the legal the GSIS shall have the power to administer oath and
and eligible recipient to his right to demand the payment of affirmation, take depositions, certify to official acts, and issue
benefits, proceeds, and claims from the GSIS, who shall, subpoena ad testificandum and subpoena duces tecum to
however, have a right to institute the appropriate action in a compel the attendance of witnesses and the production of
court of law against the ineligible recipient. books, papers, correspondences, and other records deemed
necessary as evidence in connection with any question arising
"SECTION 30. Settlement of Disputes. The GSIS shall under this Act. Any case of contumacy shall be dealt with in
have original and exclusive jurisdiction to settle any dispute accordance with the provisions of Section 580 of the Revised
arising under this Act and any other laws administered by the Administrative Code.
GSIS.
"F. FUNDS OF THE GSIS
The Board may designate any member of the Board, or official
of the GSIS who is a lawyer, to act as hearing officer to "SECTION 34. Funds. All contributions payable under
receive evidence, make findings of fact and submit Section 5 of this Act together with the earnings and accruals
recommendations thereon. The hearing officer shall submit his thereon shall constitute the GSIS Social Insurance Fund. The
findings and recommendations, together with all the said Fund shall be used to finance the benefits administered by
documentary and testimonial evidence to the Board within the GSIS under this Act. In addition, the GSIS shall administer
thirty (30) working days from the time the parties have closed the optional insurance fund for the insurance coverage
their respective evidence and filed their last pleading. The described in Section 26 hereof, the employees' Compensation
Board shall decide the case within thirty (30) days from the Insurance Fund created under P.D. 626, as amended, the
receipt of the hearing officer's findings and recommendations. General Insurance Fund created under Act No. 656, as
The cases heard directly by the Board shall be decided within amended, and such other special funds existing or that may be
thirty (30) working days from the time they are submitted by created for special groups or persons rendering services to the
the parties for decision. government. The GSIS shall maintain the required reserves to
guarantee the fulfillment of its obligations under this Act.
"SECTION 31. Appeals. Appeals from any decision or
award of the Board shall be governed by Rules 43 and 45 of "The funds of the GSIS shall not be used for purposes other
the 1997 Rules of Civil Procedure adopted by the Supreme than what are provided for under this Act. Moreover, no
Court on April 8, 1997 which will take effect on July 1, 1997: portion of the funds of the GSIS or income thereof shall accrue
Provided, That pending cases and those filed prior to July 1, to the General Fund of the national government and its
1997 shall be governed by the applicable rules of procedure: political subdivisions, instrumentalities and other agencies
Provided, further, That the appeal shall take precedence over including government-owned and controlled corporations
all other cases except criminal cases when the penalty of life except as may be allowed under this Act.
imprisonment or death or reclusion perpetua is imposable.
"SECTION 35. Deposits and Disbursements. All revenues
The appeal shall not stay the execution of the order or award collected and all accruals thereto shall be deposited,
unless ordered by the Board, by the Court of Appeals or by the administered and disbursed in accordance with the law. A
Supreme Court and the appeal shall be without prejudice to the maximum expense loading of twelve percent (12%) of the
special civil action of certiorari when proper. yearly revenues from all sources may be disbursed for
administrative and operational expenses except as may be
"SECTION 32. Execution of Decision. When no appeal is otherwise approved by the President of the Philippines on the
perfected and there is no order to stay by the Board, by the basis of actuarial and management studies.
Court of Appeals or by the Supreme Court, any decision or
award of the Board shall be enforced and executed in the same "SECTION 36. Investment of Funds. The funds of the GSIS
manner as decisions of the Regional Trial Court. For this which are not needed to meet the current obligations may be
purpose, the Board shall have the power to issue to the city or invested under such terms and conditions and rules and
regulations as may be prescribed by the Board: Provided, That and other financial instruments or other assets issued in
investments shall satisfy the requirements of liquidity, accordance with existing laws of the countries where such
safety/security and yield in order to ensure the actuarial financial instruments are issued: Provided, That these
solvency of the funds of the GSIS: Provided, further, That the instruments or assets are listed in bourses of the respective
GSIS shall submit an annual report on all investments made to countries where these instruments or assets are issued:
both Houses of Congress of the Philippines, to wit: Provided, further, That the issuing company has proven track
record of profitability over the last three (3) years and payment
(a) in interest-bearing bonds or securities or other evidence of of dividends at least once over the same period.
indebtedness of the Government of the Philippines;
"SECTION 37. Records and Reports. The GSIS shall keep
(b) In interest-bearing deposits or securities in any domestic and cause to keep such records as may be necessary for the
bank doing business in the Philippines: Provided, That in the purpose of making actuarial studies, calculations and
case of such deposits, these shall not exceed at any time the valuations of the funds of the GSIS including such data needed
unimpaired capital and surplus or total private deposits of the in the computation of rates of disability, mortality, morbidity,
depository bank, whichever is smaller: Provided, further, That separation and retirement among the members and any other
said bank has prior designation as a depository for the purpose information useful for the adjustment of the benefits of the
by the Monetary Board of the Central Monetary Authority; members. The GSIS shall maintain appropriate books of
accounts to record its assets, liabilities, income, expenses,
(c) in direct housing loans to members and group housing
receipts and disbursements of funds and other financial
projects secured by first mortgage, giving priority to the low
transactions and operations.
income groups and in short-and-medium-term loans to
members such as salary, policy, educational, emergency, stock "SECTION 38. Examination and Valuation of the Funds.
purchase plan and other similar loans: Provided, That no less The GSIS shall make a periodic actuarial examination and
than forty percent (40%) of the investable fund of the GSIS valuation of its funds in accordance with accepted actuarial
Social Insurance Fund shall be invested for these purposes; principles.
(d) in bonds, securities, promissory notes or other evidence of "SECTION 39. Exemption from Tax, Legal Process and Lien.
indebtedness of educational or medical institutions to finance It is hereby declared to be the policy of the State that the
the construction, improvement and maintenance of schools and actuarial solvency of the funds of the GSIS shall be preserved
hospitals; and maintained at all times and that contribution rates
necessary to sustain the benefits under this Act shall be kept as
(e) in real estate property including shares of stocks involving
low as possible in order not to burden the members of the
real estate property and investments secured by first mortgages
GSIS and their employers. Taxes imposed on the GSIS tend to
on real estate or other collaterals acceptable to the GSIS:
impair the actuarial solvency of its funds and increase the
Provided, That such investments shall, in the determination of
contribution rate necessary to sustain the benefits of this Act.
the Board, redound to the benefit of the GSIS, its members, as
Accordingly, notwithstanding any laws to the contrary, the
well as the general public;
GSIS, its assets, revenues including all accruals thereto, and
(f) In debt instruments and other securities traded in the benefits paid, shall be exempt from all taxes, assessments, fees,
secondary markets; charges or duties of all kinds. These exemptions shall continue
unless expressly and specifically revoked and any assessment
(g) In loans to, or in bonds, debentures, promissory notes or against the GSIS as of the approval of this Act are hereby
other evidence of indebtedness of any solvent corporation considered paid. Consequently, all laws, ordinances,
created or existing under the laws of the Philippines; regulations, issuances, opinions or jurisprudence contrary to or
in derogation of this provision are hereby deemed repealed,
(h) In common and preferred stocks of any solvent corporation
superseded and rendered ineffective and without legal force
or financial institution created or existing under the laws of the
and effect.
Philippines listed in the stock exchange with proven track
record or profitability over the last three (3) years and payment "Moreover, these exemptions shall not be affected by
of dividends at least once over the same period; subsequent laws to the contrary unless this section is expressly,
specifically and categorically revoked or repealed by law and a
(i) In domestic mutual funds including investments related to
provision is enacted to substitute or replace the exemption
the operations of mutual funds; and
referred to herein as an essential factor to maintain or protect
(j) In foreign mutual funds and in foreign currency deposits or the solvency of the fund, notwithstanding and independently of
foreign currency-denominated debts, non-speculative equities
the guaranty of the national government to secure such (h) to enter into, make, perform and carry out contracts of
solvency or liability. every kind and description with any person, firm or association
or corporation, domestic or foreign;
"The funds and/or the properties referred to herein as well as
the benefits, sums or monies corresponding to the benefits (i) to carry on any other lawful business whatsoever in
under this Act shall be exempt from attachment, garnishment, pursuance of, or in connection with the provisions of this Act;
execution, levy or other processes issued by the courts, quasi-
judicial agencies or administrative bodies including (j) to have one or more offices in and outside of the
Commission on Audit (COA) disallowances and from all Philippines, and to conduct its business and exercise its powers
financial obligations of the members, including his pecuniary throughout and in any part of the Republic of the Philippines
accountability arising from or caused or occasioned by his and/or in any or all foreign countries, states and territories:
exercise or performance of his official functions or duties, or Provided, That the GSIS shall maintain a branch office in
incurred relative to or in connection with his position or work every province where there exists a minimum of fifteen
except when his monetary liability, contractual or otherwise, is thousand (15,000) membership;
in favor of the GSIS.
(k) to borrow funds from any source, private or government,
"G. ADMINISTRATION foreign or domestic, only as an incident in the securitization of
housing mortgages of the GSIS and on account of its
"SECTION 40. Implementing Body. The Government receivables from any government or private entity;
Service Insurance System as created under Commonwealth
Act No. 186 shall implement the provisions of this Act. (l) to invest, own or otherwise participate in equity in any
establishment, firm or entity;
"SECTION 41. Powers and Functions of the GSIS. The
GSIS shall exercise the following powers and functions: (m) to approve appointments in the GSIS except appointments
to positions which are policy determining, primarily
(a) to formulate, adopt, amend and/or rescind such rules and confidential or highly technical in nature according to the Civil
regulations as may be necessary to carry out the provisions and Service rules and regulations: Provided, That all positions in
purposes of this Act, as well as the effective exercise of the the GSIS shall be governed by a compensation and position
powers and functions, and the discharge of duties and classification system and qualifications standards approved by
responsibilities of the GSIS, its officers and employees; the GSIS Board of Trustees based on a comprehensive job
analysis and audit of actual duties and responsibilities:
(b) to adopt or approve the annual and supplemental budget of Provided, further, That the compensation plan shall be
receipts and expenditures including salaries and allowances of comparable with the prevailing compensation plans in the
the GSIS personnel; to authorize such capital and operating private sector and shall be subject to the periodic review by the
expenditures and disbursements of the GSIS as may be Board no more than once every four (4) years without
necessary and proper for the effective management and prejudice to yearly merit reviews or increases based on
operation of the GSIS; productivity and profitability;
(c) to invest the funds of the GSIS, directly or indirectly, in (n) to design and adopt an Early Retirement Incentive Plan
accordance with the provisions of this Act; (ERIP) and/or financial assistance for the purpose of
retirement for its own personnel;
(d) to acquire, utilize or dispose of, in any manner recognized
by law, real or personal property in the Philippines or (o) to fix and periodically review and adjust the rates of
elsewhere necessary to carry out the purposes of this Act; interest and other terms and conditions for loans and credits
extended to members or other persons, whether natural or
(e) to conduct continuing actuarial and statistical studies and
juridical;
valuations to determine the financial condition of the GSIS and
taking into consideration such studies and valuations and the (p) to enter into agreement with the Social Security System or
limitations herein provided, re-adjust the benefits, any other entity, enterprise, corporation or partnership for the
contributions, premium rates, interest rates or the allocation or benefit of members transferring from one system to another
re-allocation of the funds to the contingencies covered; subject to the provision of Republic Act No. 7699, otherwise
known as the Portability Law;
(f) to have the power of succession;

(g) to sue and be sued; (q) to be able to float proper instrument to liquefy long-term
maturity by pooling funds for short-term secondary market;
(r) to submit annually, not later than June 30, a public report to provisions of this Act, or to attain the purposes and objectives
the President of the Philippines and the Congress of the of this Act.
Philippines regarding its activities in the administration and
enforcement of this Act during the preceding year including "SECTION 42. The Board of Trustees; Its Composition;
information and recommendations on broad policies for the Tenure and Compensation. The corporate powers and
development and perfection of the programs of the GSIS; functions of the GSIS shall be vested in and exercised by the
Board of Trustees composed of the President and General
(s) to maintain a provident fund, which consists of Manager of the GSIS and eight (8) other members to be
contributions made by both the GSIS and its officials and appointed by the President of the Philippines, one (1) of whom
employees and their earnings, for the payment of benefits to shall be either the President of the Philippine Public School
such officials and employees or their heirs under such terms Teachers Association (PPSTA) or the President of the
and conditions as it may prescribe; Philippine Association of School Superintendents (PASS),
another two (2) shall represent the leading organizations or
(t) to approve and adopt guidelines affecting investments, associations of government employees/retirees, another four
insurance coverage of government properties, settlement of (4) from the banking, finance, investment, and insurance
claims, disposition of acquired assets, privatization or sectors, and one (1) recognized member of the legal profession
expansion of subsidiaries, development of housing projects, who at the time of appointment is also a member of the GSIS.
increased benefit and loan packages to members, and the The Trustees shall elect from among themselves a Chairman
enforcement of the provisions of this Act; while the President and General Manager of the GSIS shall
automatically be the vice-chairman.
(u) any provision of law to the contrary notwithstanding, to
authorize the payment of extra remuneration to the officials The Trustees, except the President and General Manager who
and employees directly involved in the collection and/or shall cease as trustee upon his separation, shall hold office for
remittance of contributions, loan repayments, and other monies six (6) years without reappointment, or until their successors
due to the GSIS at such rates and under such conditions as it are duly appointed and qualified. Vacancy, other than through
may adopt. Provided, That the best interest of the GSIS shall the expiration of the term, shall be filled for the unexpired term
be observed thereby; only. The members of the Board shall be entitled to a per diem
of Two thousand five hundred pesos (P2,500) for each board
(v) to determine, fix and impose interest upon unpaid
meeting actually attended by them, but not to exceed Ten
premiums due from employers and employees;
thousand pesos (P10,000) a month and reasonable
(w) to ensure the collection or recovery of all indebtedness, transportation and representation allowances as may be fixed
liabilities and/or accountabilities, including unpaid premiums by the Board.
or contributions in favor of the GSIS arising from any cause or
"SECTION 43. Powers and Functions of the Board of
source whatsoever, due from all obligors, whether public or
Trustees. The Board of Trustees shall have the following
private. The Board shall demand payment or settlement of the
powers and functions:
obligations referred to herein within thirty (30) days from the
date the obligation becomes due, and in the event of failure or "(a) to formulate the policies, guidelines and programs to
refusal of the obligor or debtor to comply with the demand, to effectively carry out the purposes of this Act;
initiate or institute the necessary or proper actions or suits,
criminal, civil or administrative or otherwise, before the courts, "(b) to promulgate such rules and regulations as may be
tribunals, commissions, boards, or bodies of proper jurisdiction necessary or proper for the effective exercise of the powers
within thirty (30) days reckoned from the expiry date of the and functions as well as the discharge of the duties and
period fixed in the demand within which to pay or settle the responsibilities of the GSIS, its officers and employees;
account;
"(c) upon the recommendation of the President and General
(x) to design and implement programs that will promote and Manager, to approve the annual and supplemental budget of
mobilize savings and provide additional resources for social receipts and expenditures of the GSIS, and to authorize such
security expansion and at the same time afford individual operating and capital expenditures and disbursements of the
members appropriate returns on their savings/investments. The GSIS as may be necessary or proper for the effective
programs shall be so designed as to spur socio-economic take- management, operation and administration of the GSIS;
off and maintain continued growth; and
"(d) upon the recommendation of the President and General
(y) to exercise such powers and perform such other acts as may Manager, to approve the GSIS' organizational and
be necessary, useful, incidental or auxiliary to carry out the administrative structures and staffing pattern, and to establish,
fix, review, revise and adjust the appropriate compensation President and General Manager, subject to the approval of the
package for the officers and employees of the GSIS with Board, shall appoint the personnel of the GSIS, remove,
reasonable allowances, incentives, bonuses, privileges and suspend or otherwise discipline them for cause, in accordance
other benefits as may be necessary or proper for the effective with existing Civil Service rules and regulations, and prescribe
management, operation and administration of the GSIS, which their duties and qualifications to the end that only competent
shall be exempt from Republic Act No. 6758, otherwise known persons may be employed.
as the Salary Standardization Law and Republic Act No. 7430,
otherwise known as the Attrition Law; "SECTION 46. Auditor. (a) The Chairman of the
Commission on Audit shall be the ex officio auditor of the
"(e) to fix and periodically review and adjust the rates of GSIS. For this purpose, he may appoint a representative who
interest and other terms and conditions for loans and credits shall be the Auditor of the GSIS, and the necessary personnel
extended to its members or other persons, whether natural or to assist said representative in the performance of his duties.
juridical;
"(b) The Chairman of the Commission on Audit or his
"(f) the provision of any law to the contrary notwithstanding, authorized representative, shall submit to the Board soon after
to compromise or release, in whole or in part, any claim or the close of each calendar year, an audited statement showing
settle liability to the GSIS, regardless of the amount involved, the financial condition and progress of the GSIS for the
under such terms and conditions as it may impose for the best calendar year just ended.
interest of the GSIS;
"SECTION 47. Legal Counsel. The Government Corporate
"(g) to approve and adopt guidelines affecting investments, Counsel shall be the legal adviser and consultant of the GSIS,
insurance coverage of government properties, settlement of but the GSIS may assign to the Office of the Government
claims, disposition of acquired assets, development of housing Corporate Counsel (OGCC) cases for legal action or trial,
projects, increased benefit and loan packages to members, and issues for legal opinions, preparation and review of
the enforcement of the provisions of this Act; contracts/agreements and others, as the GSIS may decide or
determine from time to time: Provided, however, That the
"(h) to determine, fix and impose interest upon unpaid or present legal services group in the GSIS shall serve as its in-
unremitted premiums and/or contributions; and house legal counsel.
"(i) to do and perform any and all acts necessary, proper or "The GSIS may, subject to approval by the proper court,
incidental to the attainment of the purposes and objectives of deputize any personnel of the legal service group to act as
this Act. special sheriff in the enforcement of writs and processes issued
by the court, quasi-judicial agencies or administrative bodies in
"SECTION 44. Appointment, Qualifications, and
cases involving the GSIS.
Compensation of the President and General Manager and of
Other Personnel. The President and General Manager of the "SECTION 48. Powers of the Insurance Commission. The
GSIS shall be its Chief Executive Officer and shall be Insurance Commissioner or his authorized representatives shall
appointed by the President of the Philippines. He shall be a make an examination of the financial condition and methods of
person with management and investments expertise necessary transacting business of the GSIS at least once every three (3)
for the effective performance of his duties and functions underyears and the report of said examination shall be submitted to
this Act. the Board of Trustees and copies thereof be furnished the
Office of the President of the Philippines and the two Houses
"The GSIS President and General Manager shall be assisted by
of the Congress of the Philippines within five (5) days after the
one or more executive vice-presidents, senior vice-presidents,
close of examination: Provided, however, That for each
vice-presidents and managers in addition to the usual
examination the GSIS shall pay the office of the Insurance
supervisory and rank and file positions who shall be appointed
Commissioner an amount equal to the actual expenses incurred
and removed by the President and General Manager with the
by the said office in the conduct of the examination, including
approval of the Board, in accordance with the existing Civil
the salaries of the examiners and of the actuary of such
Service rules and regulations.
examination for the actual time spent.
"SECTION 45. Powers and Duties of the President and
"H. GENERAL PROVISIONS
General Manager. The President and General Manager of
the GSIS shall among others, execute and administer the "SECTION 49. Dispensation of Social Insurance Benefits.
policies and resolutions approved by the board and direct and (a) The GSIS shall pay the retirement benefits to the employee
supervise the administration and operations of the GSIS. The on his last day of service in the government: Provided, That all
requirements are submitted to the GSIS within a reasonable "(c) Whoever fails or refuses to comply with the provisions of
period prior to the effective date of the retirement; this Act or with the rules and regulations adopted by the GSIS
shall be punished by a fine of not less than Five thousand
"(b) The GSIS shall discontinue the processing and pesos (P5,000.00) nor more than Twenty thousand pesos
adjudication of retirement claims under R.A. No. 1616 except (P20,000.00), or by imprisonment of not less than six (6) years
refund of retirement premium and R.A. No. 910. Instead, all and one (1) day to twelve (12) years, or both, at the discretion
agencies concerned shall process and pay the gratuities of their of the court.
employees. The Board shall adopt the proper rules and
procedures for the implementation of this provision. "(d) The treasurer, finance officer, cashier, disbursing officer,
budget officer or other official or employee who fails to
"SECTION 50. Development and disposition of Acquired include in the annual budget the amount corresponding to the
Assets. The GSIS shall have the right to develop and employer and employee contributions, or who fails or refuses
dispose of its acquired assets obtained in the ordinary course of or delays by more than thirty (30) days from the time such
its business. To add value to, improve profitability on, and/or amount becomes due and demandable, or to deduct the
enhance the marketability of an acquired asset, the GSIS may monthly contributions of the employee shall, upon conviction
further develop/renovate the same either with its own capital or by final judgment, suffer the penalties of imprisonment from
through a joint venture arrangement with private companies or six (6) months and one (1) day to six (6) years, and a fine of
individuals. not less than Three thousand pesos (P3,000.00) but not more
than Six thousand pesos (P6,000.00), and in addition shall
"The GSIS may sell its acquired assets in accordance with
suffer absolute perpetual disqualification from holding public
existing Commission on Audit (COA) rules and regulations for
office and from practicing any profession or calling licensed
an amount not lower than the current market value of the
by the government.
property. For this purpose, the GSIS shall conduct an annual
appraisal of its property or acquired assets to determine its "(e) Any employee or member who receives or keeps fund or
current market value. All notices of sale shall be published in property belonging, payable or deliverable to the GSIS and
newspapers of general circulation. appropriates the same, or takes or misappropriates or uses the
same to any purpose other than that authorized by this Act, or
"No injunction or restraining order issued by any court,
permits another person to take, misappropriate or use said fund
commission, tribunal or office shall bar, impede or delay the
or property by expressly consenting thereto, or through
sale and disposition by the GSIS of its acquired assets except
abandonment or negligence, or is otherwise guilty of the
on questions of ownership and national or public interest.
misappropriation of said fund or property, in whole or in part,
"SECTION 51. Government Assistance to the GSIS. The shall suffer the penalties provided in Article 217 of the
GSIS may call upon any employer for such assistance as may Revised Penal Code, and in addition shall suffer absolute
be necessary in the discharge of its duties and functions. perpetual disqualification from holding public office and from
practicing any profession or calling licensed by the
"L. PENAL PROVISIONS government.

"SECTION 52. Penalty. (a) Any person found to have "(f) Any employee, who after deducting the monthly
participated directly or indirectly in the commission of fraud, contribution or loan amortization from a member's
collusion, falsification, or misrepresentation in any transaction compensation, fails to remit the same to the GSIS within thirty
with the GSIS whether for him or for some other persons, shall (30) days from the date they should have been remitted under
suffer the penalties provided for in Article 172 of the Revised Section 6(a) shall be presumed to have misappropriated such
Penal Code. contribution or loan amortization and shall suffer the penalties
provided in Article 315 of the Revised Penal Code, and in
"(b) Whoever shall obtain or receive any money or check
addition shall suffer absolute perpetual disqualification from
invoking any provision of this Act or any agreement
holding public office and from practicing any profession or
thereunder, without being entitled thereto with the intent to
calling licensed by the government.
defraud any member, any employer, the GSIS, or any third
party, shall be punished by a fine of not less than Five "(g) The heads of the offices of the national government, its
thousand pesos (P5,000.00) nor more than Twenty thousand political subdivisions, branches, agencies and
pesos (P20,000.00) or by imprisonment of not less than six (6) instrumentalities, including government-owned or controlled
years and one (1) day to twelve (12) years, or both, at the corporations and government financial institutions, and the
discretion of the court. personnel of such offices who are involved in the collection of
premium contributions, loan amortization and other accounts
due the GSIS who shall fail, refuse or delay the payment, less than the benefits provided under this Act, the GSIS shall
turnover, remittance or delivery of such accounts to the GSIS pay only the difference.
within thirty (30) days from the time that the same shall have
been due and demandable shall, upon conviction by final "SECTION 56. Appropriations. The amount necessary to
judgment, suffer the penalties of imprisonment of not less than carry out the provisions of this Act shall be included in the
one (1) year nor more than five (5) years and a fine of not less respective budgets of the agencies in the national government
than Ten thousand pesos (P10,000.00) nor more than Twenty obligation program of the year following its enactment into
thousand pesos (P20,000.00), and in addition shall suffer law and thereafter."
absolute perpetual disqualification from holding public office
SECTION 2. Separability Clause. Should any provision of
and from practicing any profession or calling licensed by the
this Act or any part thereof be declared invalid, the other
government.
provisions, so far as they are separable from the invalid ones,
"(h) The officers and/or personnel referred to in paragraph (g) shall remain in force and effect.
of this section shall be liable not only criminally but also
SECTION 3. Repealing Clause. All laws and any other law
civilly to the GSIS or to the employee or member concerned in
or parts of law specifically inconsistent herewith are hereby
the form of damages, including surcharges and interests.
repealed or modified accordingly: Provided, That the rights
"(i) For the charges or complaints referred to in paragraph (g) under existing laws, rules and regulations vested upon or
of this Section, the liabilities therein set forth shall be acquired by an employee who is already in the service as of the
construed as waiver of the State of its immunity from suit, effectivity of this Act shall remain in force and effect:
hence, the above-mentioned officials and/or personnel may not Provided, further, That subsequent to the effectivity of this
invoke the defense of non-suability of the State. Act, a new employee or an employee who has previously
retired or separated and is reemployed in the service shall be
"(j) Failure of the Members of the GSIS Board, including the covered by the provisions of this Act.
chairman and the vice-chairman, to comply with the provisions
of paragraph (w) of Section 41 hereof, shall subject them to SECTION 4. Effectivity. This Act shall take effect fifteen
imprisonment of not less than six (6) months nor more than (15) days after its publication in the Official Gazette or in at
one (1) year or a fine of not less than Five thousand pesos least two (2) newspapers of general circulation.
(P5,000.00) nor more than Ten thousand pesos (P10,000.00)
Approved: May 30, 1997
without prejudice to any civil or administrative liability which
may also arise therefrom. Published in Malaya, The Philippine Star, Philippine Daily
Inquirer, and the Manila Bulletin on June 9, 1997. July 28,
"Criminal actions arising from violations of the provisions of
1997.
this Act may be commenced by the GSIS or by the aggrieved
member, either under this Act or, in appropriate cases, under
the Revised Penal Code.

"SECTION 53. Implementing Rules and Regulations. The

implementing rules and regulations to carry out the provisions
of this Act shall be adopted and promulgated by the GSIS not
later than ninety (90) days after the approval of this Act.

"SECTION 54. Non-impairment of Benefits, Powers,

Jurisdiction, Rights, Privileges, Functions and Activities.
Nothing in this Act shall be construed to repeal, amend or limit
any provision of existing laws. Presidential Decrees and
Letters of Instructions, not otherwise specifically inconsistent
with the provisions of this Act.

"SECTION 55. Exclusiveness of Benefits. Whenever other

laws provide similar benefits for the same contingencies
covered by this Act, the member who qualifies to the benefits
shall have the option to choose which benefits will be paid to
him. However, if the benefits provided by the law chosen are