This case has been cited 1 times or more.
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2008-08-29 |
REYES, R.T., J. |
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| At the outset, let it be recalled that in 2005, this Court ruled in Dycaico v. Social Security System[12] that the proviso "as of the date of retirement" in Section 12-B(d) of Republic Act No. 8282,[13] which qualifies the term "primary beneficiaries," is unconstitutional for it violates the due process and equal protection clauses. For ready reference, the concerned provision is reproduced below:SECTION 12-B. Retirement Benefits. - (a) A member who has paid at least one hundred twenty (120) monthly contributions prior to the semester of retirement and who (1) has reached the age of sixty (60) years and is already separated from employment or has ceased to be self-employed or (2) has reached the age of sixty-five (65) years, shall be entitled for as long as he lives to the monthly pension; Provided, That he shall have the option to receive his first eighteen (18) monthly pensions in lump sum discounted at a preferential rate of interest to be determined by the SSS. | |||||