RFBT.3810: SSS LAW MC QUESTIONS

A, single, has been active member of the Social Security System (SSS) for the past 20 months. She became pregnant out of wedlock and on her 7th month of pregnancy, she was informed that she would have to deliver the baby through caesarian section because of some complications. Can A claim maternity benefits?

a. Yes, the law does not make distinctions between married and unmarried female.

b. Yes, since she is regular employee

c. No, only married employees are entitled to the right provided she has paid at least 3 monthly contributions

d. No, being out of wedlock

a. Yes, the law does not make distinctions between married and unmarried female.

Don Luis, a widower, lived alone in a house with a large garden, One day, he noticed that the plants in his garden needed trimming. He remembered that Lando, a 17-year old out-of-school youth, had contacted him in church the other day looking for work. He contacted Lando who immediately attended to Don Luis’s garden and finished the job in three days. Does Don Luis need to register Lando with the SSS?

a. Yes, all employees are required to be covered and reported.

b. Yes, he performed a task which is necessary and desirable to his employer

c. No, a person below 18 is not allowed to work hence not entitled to be covered under SSS

d. No, because he is purely a casual employee

d. No, because he is purely a casual employee

Tito Pacienciso is an employee of a foundry shop in Malabon, Metro Manila. He is able to make ends meet with his salary of P4,000.00 a month. One day, he asked his employer to stop deducting from his salary his SSS monthly contribution, reasoning out that he is waiving his social security coverage. If you were Tito’s employer, would you grant the request?

a. Yes, because labor cases should be decided not only based on law but also based on equity

b. Yes, for humanitarian reasons under the Labor Code

c. No, SSS contribution is compulsory for both covered employer and covered employee

d. No, since the employee’s share is 2/3 of the contribution

c. No, SSS contribution is compulsory for both covered employer and covered employee

Because of stress in caring for her 4 growing children, tammy suffered a miscarriage late in her pregnancy and had to undergo an operation. In the course of the operation, her obstetrician further discovered a suspicious looking mass that required the subsequent removal of her uterus. After surgery, her physician advised Tammy to be on full bed rest for 6 weeks. Meanwhile, the biopsy of the sample issue taken from the mass in Tammy’s uterus showed a beginning malignancy that required an immediate series of chemotherapy once a week for 4 weeks. What benefit/leave can Tammy obtain from her employer?

a. RA 9710 or the Gynaecological Leave

b. RA 11210 or the Expanded Maternity Leave

c. RA 8972 or the Solo Parent Leave

d. All of the above

e. None of the enumerated

d. All of the above

Because of stress in caring for her 4 growing children, tammy suffered a miscarriage late in her pregnancy and had to undergo an operation. In the course of the operation, her obstetrician further discovered a suspicious looking mass that required the subsequent removal of her uterus. After surgery, her physician advised Tammy to be on full bed rest for 6 weeks. Meanwhile, the biopsy of the sample issue taken from the mass in Tammy’s uterus showed a beginning malignancy that required an immediate series of chemotherapy once a week for 4 weeks. Up to how many days can Roger, Tammy’s second legitimate spouse and the father of her two legitimate younger children can possibly claim as a benefit?

a. 7 days only

b. 14 days only

c. 30 days only

d. No leave can be granted

b. 14 days only

S1 - Maternity leave applicable only to married females.

S2 - A female employee can re-apply for maternity leave if they get pregnant again.

a. All statements are true

b. All statements are false

c. Only S1 is false

d. Only S2 is false

c. Only S1 is false

Under the Expanded Maternity Law, it extends paid maternity leave to _____ from the current 60, with an option to extend for 30 days without pay.

a. 100 days

b. 105 days

c. 120 days

d. 140 days

b. 105 days

There are important principles for the entitlement to Maternity Leave under the SSS law. One of this is:

a. payment shall be advanced by the employer within 30 days from the filing of the maternity leave application

b. payment shall be advanced by the employer within 15 days from the filing of the maternity leave application

c. Maternity benefits shall be paid only for the first 2 deliveries of miscarriages

d. Maternity benefits shall be paid only for the first 5 deliveries of miscarriage

a. payment shall be advanced by the employer within 30 days from the filing of the maternity leave application

The following documents shall be submitted to the agency to enjoy maternity leave:

a. Accomplished Application for Leave (Civil Service Form No. 6);

b. Medical Certificate issued by a government or private physician, as proof of pregnancy and estimated date of delivery;

c. Accomplished Clearance Form (Civil Service Form No. 7)

d. Solo Parent I.D., for solo parents who want to avail of the additional maternity leave of 15 days

e. Marriage certificate

e. Marriage certificate

S1 - To be eligible for maternity benefit from the Social Security System (SSS), an employee must have paid at least 6 monthly SSS contributions in the 12 month period immediately preceding the semester of the birth, miscarriage or termination;

S2 - The failure of the pregnant female workers to notify the employer shall bar her from receiving the maternity benefits, subject to guidelines prescribed by the SSS.

a. All statements are true

b. All statements are false

c. Only S1 is false

d. Only S2 is false

b. All statements are false

S1 - The maternity leave can be availed of regardless of the civil status of the mother or her child’s legitimacy.

S2 - A female employee cannot re-apply for maternity leave if they get pregnant again

a. All statements are true

b. All statements are false

c. Only S1 is false

d. Only S2 is false

d. Only S2 is false

S1 - A female employee who experienced miscarriage or those who delivered stillbirth can still avail of maternity leave. She is entitled to 60 days maternity leave with full pay.

S2 - A female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker.

a. All statements are true

b. All statements are false

c. Only S1 is false

d. Only S2 is false

a. All statements are true

S1 - A married new father can enjoy as much as 14 days leave (7 days Paternity leave and 7 days under RA 11210). An unmarried new father, on the other hand, may enjoy 7 days allocated leave.

S2 - The balance of the maternity leave benefits of a female employee who died or became permanently incapacitated shall accrue to the child’s father or, in his death, absence, or incapacity, to an alternate caregiver.

a. All statements are true

b. All statements are false

c. Only S1 is false

d. Only S2 is false

a. All statements are true

S1 - If the female employee returns to work during the unexpired period of her maternity leave, she shall not be paid for actual services rendered since maternity leave under R.A. No. 11210 since it shall no longer be commutable or convertible to cash.

S2 - A female employee can avail of maternity leave of not more than thirty (30) days prior to her delivery date for prenatal care purposes.

a. All statements are true

b. All statements are false

c. Only S1 is false

d. Only S2 is false

d. Only S2 is false

S1 - Maternity leave benefits should be availed by the eligible female worker either before or after the actual period of delivery in a continuous and uninterrupted manner.

S2 - Maternity leave can be used as combinations of prenatal and postnatal leave provided that postnatal care shall not be less than 60 days.

a. All statements are true

b. All statements are false

c. Only S1 is false

d. Only S2 is false

a. All statements are true

S1 - Application for maternity leave must be filed the soonest time possible, preferably thirty (30) days before the expected delivery date of the female employee.

S2 - A mother can still apply for maternity leave if her childbirth or miscarriage occurs not more than 15 days after her service is terminated.

a. All statements are true

b. All statements are false

c. Only S1 is false

d. Only S2 is false

a. All statements are true

Which of the following is not considered an employer by the terms of the Social Security Act?

a. A self-employed person.

b. The government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the government.

c. A natural person, domestic or foreign, who carries on in undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment.

d. A foreign corporation.

b. The government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the government.

The following have the option to register voluntarily under the SSS Acct except:

a. An OFW upon the termination of his/her employment overseas;

b. Self-employed who realizes no income for a certain month;

c. A self-employed professional

d. Filipino permanent migrants

c. A self-employed professional

To qualify for a retirement benefit under the SSS Act, the following conditions must be satisfied except:

a. The member is at least 60 years old, separated from employment or ceased to be self employed/OFW/household helper.

b. Member is at least 65 years old, whether employed/self-employed, working as OFW/household helper or not;

c. Member has paid at least 60 monthly contributions prior to the semester of retirement.

d. All are correct.

c. Member has paid at least 60 monthly contributions prior to the semester of retirement.

I. The SSS and all its assets and properties, all contributions collected and all accruals thereto shall be exempt from any tax.

II. The benefit payments made by the SSS shall be subject to all kinds of taxes, fees or charges, and shall be liable to attachments, garnishments, levy or seizure.

a. Both statements are correct.

b. Both statements are incorrect.

c. Statement I is correct while statement II is incorrect.

d. Statement I is incorrect while statement II is correct.

c. Statement I is correct while statement II is incorrect.

Sandra, a receptionist at Kabayan Company, is covered by the SSS. She was pregnant with her fourth child when she slipped in the bathroom of her home and had a miscarriage. Meanwhile, Kabayan Company neglected to remit the required contributions to the SSS. Sandra claims maternity leave benefits and sickness benefits. Which of these two may she claim?

a. None of them.

b. Only maternity leave benefits.

c. Either one of them

d. Only sickness benefits.

b. Only maternity leave benefits.

S1: The contribution imposed in the preceding section shall be remitted to the SSS within the first fifteen (15) days of each calendar month following the month for which they are applicable or within such time as the Commission may prescribe.

S2. Failure or refusal of the employer to pay or remit the contributions herein prescribed shall not prejudice the right of the covered employee to the benefits of the coverage.

a. True, True

b. True, False

c. False, False

d. False, True

d. False, True

The following are the requisites for a lump-sum pension, except:

a. At least 65 years old at the time of retirement

b. Does not qualify for pension benefits

c. Must be separated from employment

d. Is not in continuing payment of contribution to the SSS of his own.

a. At least 65 years old at the time of retirement

All of the following are deemed permanent total disabilities, except:

a. Complete loss of sight of both eyes

b. Loss of two limbs below the ankle or wrists

c. Permanent complete paralysis of two limbs

d. Brain injury resulting to incurable imbecility or insanity

b. Loss of two limbs below the ankle or wrists

I. The amount of the member’s daily Sickness Benefit allowance is equivalent to 75% of his Average Daily Salary Credit.

II. The Sickness Benefit is granted up to maximum of 120 days in one (1) calendar year.

a. Both statements are correct.

b. Both statements are incorrect.

c. Only statement 1 is correct.

d. Only statement 2 is correct.

d. Only statement 2 is correct.

Under the Social Security Act, the term “Dependent” shall include the following, except:

a. The legal spouse entitled by law to receive support from the member

b. The legitimate, legitimated or legally adopted, and illegitimate child who is unmarried, not gainfully employed, and has not reached twenty-one (21) years of age

c. The legitimate, legitimated or legally adopted, and illegitimate child who is over twenty-one (21) years of age, and he is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally

d. The parent who is receiving regular support from the member.

e. All are treated as dependents

e. All are treated as dependents

It is a lifetime cash benefit paid to a retiree on a regular basis.

a. Monthly Benefit

b. Monthly Pension

c. Funeral Benefit

d. Lump Sum Amount

b. Monthly Pension

Which of the following statements is not correct?

a. A funeral grant under the SSS law is equivalent to ₱12,000.00, in cash or in kind.

b. An SSS member is entitled to a monthly pension if he has paid at least one hundred twenty (120) monthly contributions prior to the semester of retirement xxx.

c. Compulsory SSS coverage of the employee shall take effect upon his/her application with the SSS.

d. Spouses who devote full time to managing the household and family affairs are not under the compulsory coverage of SSS in the category of self employed.

c. Compulsory SSS coverage of the employee shall take effect upon his/her application with the SSS.