We have a question from Nel, June 2, 2014, posted under our post Pag-ibig Fund — How to Claim Death Benefits.
My husband died just a week ago and we have 3 kids. We’re married 2002. I just found out that he married another woman last 2005 and they have 2 kids. Am I still qualified as legal claimant? How will the benefits be divided both in SSS and Pag-ibig?
Hi Nel, I admire you for immediately recognizing the fact that the illegitimate children will also share in the benefits.
For both Pag-ibig and SSS, you and your 3 kids are the main claimants, since your marriage is the legal one. The 2005 marriage is null and void, since it was a bigamous marriage. But the illegitimate children will also share in the benefits, although there are some differences in the sharing of SSS and Pag-ibig benefits.
Pag-ibig Death Benefit
The Pag-ibig death benefit is a lump sum.
It is equal to total accumulated monthly contributions, plus total yearly dividends, plus additional death benefit.
The additional death benefit is 6,000 pesos or an amount equivalent to his total savings plus total dividends, whichever is lower.
For this Pag-ibig benefit, you will file the claim, and you will include the illegitimate children in the Proof of Surviving Legal Heirs form.
There was one spouse who commented here 2 years ago, in a similar situation, and she said that the division of Pag-ibig benefits between her legitimate family and the illegitimate children, was a division of benefits by 2 parties (50% for the legitimate family and 50% for the illegitimate children).
I don’t know if the division is still done the same way. If the same way, you can ask Pag-ibig why the division should not be divided by 6 (4 shares for you, and 2 shares for the illegitimate children).
SSS Death Benefits
1. Funeral Benefit — This is given to the person who spent for the funeral, regardless of relation to your husband. Requirements are original receipts of funeral/burial expenses.
2. Death Benefit
It’s easier for everyone if your husband was able to contribute at least 36 contributions prior to semester of death. This means that each of his primary beneficiaries will get a monthly pension. His primary beneficiaries are you (the legal wife), your minor children who are the legitimate children, and the minor illegitimate children. Minor children are children younger than 21 years of age.
You and each of the minor children will have a share in the monthly pension. But as guardians of your minor children, their pension is issued in your name, added to your own share of the pension.
In addition, each minor will get his/her dependent’s pension, which is equal to 10% of the member’s monthly pension, or 250 pesos, whichever is higher. If there are more than 5 minors, the legitimate children are considered first, starting from the youngest.
b. Lump sum
If your husband contributed less than 36 contributions prior to semester of death, his beneficiaries will get a lump sum. The lump sum is equivalent to 12 times the monthly pension, or monthly pension times the number of monthly contributions paid prior to the semester of death, whichever is higher.
With a lump sum benefit, you will share the lump sum amount with the 2 illegitimate children. I am still researching how this lump sum amount is divided among all primary beneficiaries.
Please ask SSS. I might have missed something.