Dear PAO,

I worked as an administrative aide for the Philippine Statistics Authority from August 2002 up to October 2015. Last February 2025, I filed a separation benefit claim before the GSIS. However, my claim was denied due to prescription. I just turned 60 years old last December 2024 and the proceeds from the GSIS would be of great help to my financial situation. Is the GSIS correct in denying my claim? If so, what are my remedies? Thank you very much.

Marisol

Dear Marisol,

Separation benefit is given to employees who have not reached the retirement age of 60 but have been separated from the service. The benefit can either be in the form of cash payment or both cash payment and pension.

The Government Service Insurance System (GSIS) is correct in denying your claim for separation benefit. Section 28 of Republic Act (RA) 8291 or The Government Service Insurance System Act of 1997 provides that claims for separation benefit must be filed within four years from the date of separation from service. Considering that you only filed your claim more than nine years after your separation from service on October 2015, your claim has already prescribed.

Further, you only served the government for 13 years and two months, which falls short of the fifteen-year requirement provided under GSIS Policy and Procedural Guidelines (PPG) No. 317-17, signed on 18 October 2017 for conversion to retirement benefit claim, to wit:

“B. Separation Benefit x x x

“3. In the event that the application for separation benefit or cash payment under RA 8291 and PD 1146, respectively, is filed beyond the prescriptive period, the following conditions shall apply:

“a. If the total length of service (TLS) of the claimant is equal to or more than fifteen (15) years, and his or her age at the time of filing of the claim is:

“a.1 Equal to or more than 60 years, the claim shall be considered as a retirement claim and, thus, shall not prescribe;

“a.2 Less than 60 years, the claimant shall be advised to file a claim for retirement benefit at age 60 and the application shall not be accepted

“b. If the TLS of the claimant is less than fifteen (15) years, the claim has prescribed.”

From the foregoing, your claim for separation benefit would have been converted to retirement benefit claim if you have served the government for at least 15 years. However, you fell short of the required total length of service mandated by the GSIS. Unfortunately, under the aforementioned laws and issuances, you are not eligible for separation and retirement benefit because of the belated filing and insufficient length of government service, respectively.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]