FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
Senate Bill No. 3:3 3 .3 
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INTRODUCED BY SEN. JINGGOY EJERCITO ES1:RAQA 
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EXPLANATORY NOTE 
The various hazards and risks encountered by employees working in mining sites are 
inevitable and inconceivable. These dangers pose serious threats to their health and to 
their very lives. To address this problem, it is but proper to reduce retirement age for 
mining workers. 
The Labor Code of the Philippines was amended by Republic Act 8558 on 26 February 
1998 to reduce the retirement age of underground mine workers or employees from 
sixty (60) to fifty (50) years old. 
This amendment, howeyer,' indirectly left out the 
surface mine employees who are similarly exposed to the hazardous elements and risks 
as their jobs include sorting out the minerals extracted from the mining pits as well as 
maintaining the electrical and mechanical equipment and fixtt,lres in the mining sites. 
Hence, there is a need to include surface mine employees to the reduced retirement 
age. 
Parallel to this, it is necessary to ensure that retired underground and surface mine 
employees are able to enjoy 1'\11 the retirement benefits and privileges for Social Security 
System (SSS) members as provided in the Social Security Law. 
In view of better protection of and adequate benefits for our· mining employees, the 
approval of this proposed measure is earnestly sought. 
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,. 
OY EJERCITO ESTRAOP 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATJ;: 
Senate Bill No. 333 3 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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AN ACT 
,: 
ENHANCING THE RETIREMENT BENEFITS OF UNDERGROUND AND SURFACE 
MINING WORKERS BY EXPANDING THE COVERAGE OF REDUCED RETIREMENT 
AGE AND AFFORDING THEM CORRESPONDING RETIREMENT BENEFITS FROM 
THE SOCIAL SECURITY SYSTEM (SSS), AMENDING FOR THIS PURPOSE 
CERTAIN PROVISIONS OF THE LABOR CODE OF THE PHILIPPINES AND THE 
SOCIAL SECURITY LAW 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Mining Workers Retirement 
Benefits Acr'. 
SEC. 2. Declaration of State Policy. - It shall be the policy of the State to provide 
protection and adequate retirement benefits to both underground and surface workers 
of the mining industry who are exposed to hazardous elements, various health risks and 
even to loss of life. 
SEC. 3. Definition of Terms. - As used in this Act: 
(a) "Underground mining employee or worker" refers to any person employed to 
extract mineral deposits underground or to work in excavations or workings 
such as shafts, winzes, tunnels, drifts, crosscuts, raises, working places whether 
abandoned or in use beneath the earth's surface for the purpose of searching 
for and extracting mineral deposits; 
. 
(b) "Surface mining employee or worker" refers to any person employed 
aboveground of mining sites to, among others, sort out the minerals extracted 
from the mining pits as well as maintaining the electrical and mechanical 
equipment and fixtures in the mining sites. Surface mining employees shall 
include, but not be limited to, mill plant workers and mechanical, electrical and 
tailings pond personnel. 
SEC. 4. Retirement Age. -
An underground and surface mining employee upon 
reaching the age of fifty (50) years or more, but not beyond sixty (60) years which is 


hereby declared the compulsory retirement age for underground and surface mine 
workers, who has served at least five (5) years as underground and/or surface mine 
worker, may retire and shall be entitled to all the retirement benefits provided by existing 
laws. 
SEC. 5. Retirement Benefits. - Retired underground and surface mining employees 
shall be entitled to all retirement benefits enjoyed by Social Security System (SSS) 
members provided under the Social Security System Act. 
SEC. 6. Repealing Clause. - Article 287 of Presidential DecreeNo. 442, as amended, 
otherwise known as the Labor Code of the Philippines, and Section 12-8 of Republic 
Act 1161 as amended by Republic Act No. 8282, otherwise known as the Social 
Security Law, are hereby amended accordingly. All other laws which are inconsistent 
with the abovementioned provisions shall be deemed repealed or amended as 
appropriate. 
SEC. 7. Separability Clause. - If any part or provision of this Act is declared invalid or 
unconstitutional, the other parts thereof not affected thereby shall remain valid. 
SEC. 8. 
Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) national papers of 
general circulation, whichever comes earlier. 
Approved,