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Survivorship benefts

These are cash and/or pension

benefts which the benefciaries areentitled to receive in case a memberor a pensioner dies


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"SECTION 20.Survivorship Benefts. Whena member or pensioner dies, the benefciariesshall be entitled to survivorship benefts providedin Sections 21 and 22 hereunder subject to theconditions therein provided or. The survivorshippension shall consist o!

1#the basic survivorship pension which is ft$percent %&'# o the basic monthl$ pension( and

2#the dependent children)s pension not

e*ceedin+ ft$ percent %&'# o the basicmonthl$ pension.


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. . death o a member, the primar$ benefciariesshall be entitled to!

1#survivorship pension! 4rovided, That thedeceased!

i#was in the service at the time o his death(or

ii#i separated rom the service, has at leastthree 5# $ears o service at the time o hisdeath and has paid thirt$6si* 57# monthl$

contributions within the fve6$ear periodimmediatel$ precedin+ his death( or has paid a

total o at least one hundred ei+ht$ 18monthl$ contributions prior to his death( or


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2#the survivorship pension plus a cash pa$mente9uivalent to one hundred percent 1&&'# o hisavera+e monthl$ compensation or ever$ $ear oservice! 4rovided, That the deceased was in theservice at the time o his death with at leastthree 5# $ears o service( or


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5# a cash pa$ment e9uivalent to one hundredpercent 1&&'# o his avera+e monthl$compensation or each $ear o service he paid

contributions, but not less than Twelve thousandpesos 412,&&&.&! 4rovided, That the deceasedhas rendered at least three 5# $ears o serviceprior to his deathbut does not 9uali$ or the

benefts under the item 1# or 2# o thispara+raph


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:SS v. ontesclaros, :.;. 0o. 1


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SEC. 18. eath o! a "ensioner. 3ponthe death o a pensioner, the primar$benefciaries shall receive the applicablepension mentioned under para+raph b#

o section seventeen o this Act! 4rovided,That, the dependent spouse shall not beentitled to said pension i his marria+ewith the pensioner is contracted withinthree $ears beore the pensioner 9ualifedor the pensionB


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ssue:1. Whether Section 17 o 4 11


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'eanin( o! epen%ents


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;e Application or Survivor)s Cenefts o anlavi,A.. 0o. 1&&1=6;et, @ebruar$ 22, 2&&1

Facts:This case involves an application or Survivor)sCenefts fled b$ s. a$lenne :. anlavi,le+itimate dau+hter o the late rnesto ;.anlavi, a +overnment emplo$ee. a$lenne)s

application or Survivor)s Cenefts was in behalo hersel and her si* 7# hal brothers and sisterswho are rnestoDs ille+itimate children. arilouanvali, a$lenneDs mother whose whereabouts

were previousl$ not Enown, reappeared and fledher own application or Survivor)s Cenefts dated

>anuar$ 5, 2&&&, b$ reason o the death o saidrnesto anlavi. a$lenne bitterl$ opposed thisapplication


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ssue! s arilou anvali entitled to the

Survivorship CeneftsF

Geld!NO. n order to be entitled to the

Survivorship Cenefts under ;.A. 82=1, thebenefciar$ must be dependent upon the:SS member or pensioner or support.

Thus, Section 21b# e*plicitl$ mentions"dependent spouse" and "dependentchildren" as those who shall receivesurvivorship pension


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# ependents ependents shall bethe ollowin+! a# the le+itimate spousedependent or support upon the memberor pensioner( = b# the le+itimate,le+itimated, le+all$ adopted child,

includin+ the ille+itimate child, who isunmarried, not +ainull$ emplo$ed, notover the a+e o majorit$, or is over thea+e o majorit$ but incapacitated and

incapable o sel6support due to a mentalor ph$sical deect ac9uired prior to thea+e o majorit$( and c# the parentsdependent upon the member or support

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