_
Sey,

ROUse

Monsees

Republic of the Philippines
House of Representatives
Queson City, Hleteo Manila
Nineteenth Congress

First Regular Session

4. “House Bill No, 7284

Introduced by:
HON. MARISSA “DEL MAR” MAGSINO-
OFW PARTYLIST

EXPLANATORY NOTE,

In 2019, pursuant to Republic Act No. 11199, or the ‘Social Security Act of 2018’, SSS
coverage became compulsory for all sea- and land-based OFWs as defined under Republic Act
No. 8042, also known as the ‘Migrant Workers Act’ of 1995’, as amended by Republic Act No.
10022, provided they are not yet over 60 years of age. For the sea-based or maritime sector, the
manning agencies are considered in the law as ‘agents of their principals’ and are deemed
employers of sea-based OFWs. In contrast, all land-based OFWs shall be deemed as SSS
‘members under the self-employed category.

Moreover, RA 11199 established a Social Security Commission which shall have, among
others, the following significant powers and dut

a) To formulate, adopt, amend and/or rescind such rules and regulations as may be necessary
to carry out the provisions and purposes of the Act;

b) To develop and administer a special social security program for workers, with unique
economic, social, and geographic situations, as determined by the Commission, which may
have different contributions and benefits that are proportionately calculated to be fair,
equitable, actuarially sound and viable, and wherein the same legal privileges as the regular
social security program enjoys shall be given; and,

) To settle any dispute arising under the Act with respect to coverage, benefits, contributions
and penalties thereon or any other matter related thereto.

Hence, the direct significance of the Commission's functions to the interest and welfare
of OFWs cannot be understated.


The Commission is composed of the Secretary of Finance as ex officio Chairperson, the
SSS President and Chief Executive Officer as Vice-Chairperson, the Secretary of Labor and
Employment as ex officio member, and six (6) appointive members, three (3) of whom shall
represent the workers’ group, with at least one (1) shall be a woman, and three (3) from the
employers’ group, at least one (1) of whom shall also be a woman; all of whom shall be
appointed by the President of the Philippines. The six (6) members representing workers and
employers’ groups shall be chosen from among the nominees of workers’ and employers’
organizations respectively, as endorsed by the Governance Commission for GOCCs following the
fitand proper rule and standards on integrity, experience, education, training and competence.

This bill seeks to designate a representative of the overseas Filipino workers and
seafarers as one (1) of the three (3) appointive members representing the workers group in the
Commission as provided for in the law, in consonance with the policy ensuring the right of
Filipino migrant workers, seafarers and all overseas Filipinos to participate in the democratic
decision-making processes of the State and in institutions relevant to overseas employment.

Furthermore, this measure proposes the inclusion of the Secretary of Migrant Workers
as ex-officio member of the Commission together with the Secretary of Labor and Employment.
The rationale being with the establishment of the Department of Migrant Workers (DMW) by
virtue of Republic Act No. 11641, the DMW is now the primacy government agency tasked to
protect the rights, promote the welfare, and regulate the recruitment, employment, and
deployment of OFWs.

Representation is at the core of democratic processes and is the link between the
representatives and the sectors or interests represented in ensuring that their true sentiments
and preferences are adopted in the decision-making processes.

For the foregoing reasons, the immediate consideration and approval of the foregoing

measure is earnestly urged.
:

HON. MARISSA ‘DEL MAR’ P. MAGSINO.


sans

Ponies?

Republic of the Philippines
‘Bouse of Representatives:
Queson City, Metro Manila
Nineteenth Congress

First Regular Session

4. > House Bin No. 1234

Introduced by:
HON. MARISSA “DEL MAR” MAGSINO
OFW PARTYLIST

EXPLANATORY NOTE

AN ACT
EXPANDING THE MEMBERSHIP OF THE SOCIAL SECURITY COMMISSION TO INCLUDE THE
SECRETARY OF MIGRANT WORKERS AS EX-OFFICIO MEMBER AND TO DESIGNATE A
REPRESENTATIVE OF THE OVERSEAS FILIPINO WORKERS AND SEAFARERS AS ONE OF
‘THE APPOINTIVE MEMBERS REPRESENTING THE WORKERS GROUP, AMENDING FOR THE
PURPOSE SECTION 3 OF REPUBLIC ACT NO. 11199, OTHERWISE KNOWN AS THE ‘SOCIAL
‘SECURITY ACT OF 2018"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 3, paragraph (a) of Republic Act No. 11199, also known as the ‘Social
Security Act of 2018, is hereby amended to read as follows:

Section 3, Social Security System -

(a) To carry out the purposes of this Act, the Social Security System, hereinafter referred
to as "SSS", a corporate body, with principal place of business in Metro Manila,
Philippines, is hereby created. In the discharge of its mandated responsibilities under
this Act, the SSS shall function and operate as an independent and accountable
government-owned and -controlled corporation (GOCC) within the corporate
governance standards and principles of Republic Act No. 10149 (GCG Law), except as
otherwise provided herein.

The SSS shall be directed and controlled by a Social Security Commission, hereinafter
referred to as "Commission", composed of the Secretary of Finance as ex officio


Chairperson, the SSS President and Chief Executive Officer as Vice-Chairperson who
shall automatically act as the Commission Chairperson in the absence of the Finance
Secretary, the Secretary of Labor and Employment, as ex officio member, THE
SECRETARY OF MIGRANT WORKERS, AS EX-OFFICIO MEMBER, and six (6)
appointive members, three (3) of whom shall represent the workers’ group, ONE OF
‘WHOM SHALL COME FROM THE RANKS OF OVERSEAS FILIPINO WORKERS AND
SEAFARERS, AND at least one (1) of whom shall be a woman; three (3), the employers’
group, at least one (1) of whom shall be a woman; all of whom shall be appointed by the
President of the Philippines and shall be of known competence, probity, integrity and
recognized expertise in any of the fields of social security, pension fund, insurance,
investment, banking and finance, economics, management, law or actuarial science and
with at least ten (10) years of managerial or leadership experience. The six (6) members
representing workers and employers’ groups shall be chosen from among the nominees
of workers’ and employers’ organizations respectively, as endorsed by the Governance
Commission for GOCCs following the fit and proper rule and standards on integrity,
experience, education, training and competence. The term of office of the regular
appointive members of the Commission shall be three (3) years, which can be extended
for another term of three (3) years: Provided, That the terms of the first six (6)
appointive members shall be one (1), two (2), and three (3) years for every two (2)
members, respectively, notwithstanding Section 17 of the GCG Law: Provided,
further, That they shall continue to hold Office until their successors shall have been
appointed and duly qualified. All vacancies, prior to the expiration of the term, shall be
filled for the unexpired term only.

3000000

Section 2, Repealing Clause - All laws, ordinances, rules, regulations, other issuances or parts
thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly.

Section 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved.