Republic of the Philippines A
HOUSE OF REPRESENTATIVES 30 ay 2013
Quezon City ec PM

sy

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL no,__2052

Introduced by HON. RONALD M. COSALAN

EXPLANATORY NOTE

Republic Act No, 8558, which was approved and passed on 26 February 1998, amended
Section 287 of Presidential Decree No. 442, otherwise known as The Labor Code of the
Philippines, in order to reduce the retirement age of underground mine workers or employees
from sixty (60) to fifty (50) years old. The rationale behind is that the continuous exposure of the
underground employees to hazardous elements and risks, which are inevitable when working in
mines, make them susceptible and vulnerable to all types of health problems and danger.

Consequently, in the Implementing Rules and Regulations Prescribing the Retirement
‘Age of Underground Mine Employees as issued by the Department of Labor and Employment
(DOLE) through Department Order No. 09 (series of 1998), the labor department reduced the
retirement age of underground mine workers to fifty (50) years old, in compliance with R.A.
8558.

However, the Social Security System (SSS), upon inquiry of the undersigned, refused to
comply with said law on the ground that it did not specifically amend the Social Security Law
(Republic Act No. 1161), Prior to this, SSS requested for time to fully implement the same
because an immediate reduction would be too drastic given its financial condition, implementing,
instead a partial compliance by revising its Implementing Rules and Regulations allowing
retirement of mine workers at fifty-five (55) years of age. Hence, it becomes necessary to
expressly and specifically amend the Social Security Law to ensure that retired mine workers are
allowed to enjoy all the retirement benefits and privileges of SSS members.

In addition, even surface mine workers, namely: mill plant workers and those who work
in support services, such as mechanical, electrical and tailing pond personnel, are likewise
susceptible and vulnerable to the same health hazards due to exposure to the same hazardous
clements, Their jobs include handling and sorting mineral extracted from mining pits and
maintaining electrical and mechanical equipment and fixtures in mining sites, Hence, the need to
reduce the retirement age for this group of workers as well.

In view thereof, the undersigned believes that a clarification of the RA 8558 is in order to
prevent unfair and unnecessary consequences prejudicial to the plight of hardworking mine
workers, It is for these reasons that support for and prompt passage of this proposed bill is
carnestly sought.

bn
IN. RONALD M. ¢OSALAN

fepresentative
Lone District, Benguet Province (CAR)



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2052

HOUSE BILL NO.

Introduced by HON. RONALD M. COSALAN

“AN ACT AMENDING REPUBLIC ACT NO. 8282, WHICH AMENDED REPUBLIC
ACT NO. 1161, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW, TO
REDUCE THE RETIREMENT AGE OF SURFACE MINE WORKERS, MILL PLANT
WORKERS AND SUPPORT SERVICES, SUCH AS MECHANICAL, ELECTRICAL
AND TAILINGS POND PERSONNEL TO FIFTY (50) YEARS OLD AND 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 “Mine Workers Retirement
Benefits Act”,

SECTION 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.

SECTION 3. Definition of Terms, — As used in this Act, the following terms are defined
as follows:

(a) “Mine Workers” refer to any person either as underground or surface mine employee
or worker

(b) “Underground Mine 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 surface of the earth for the purpose of prospecting and extracting mineral
deposits;

(©) “Surface Mine Worker” refers to any person employed aboveground of mining sites
to, among others, sort out minerals extracted from mining pits as well as maintaining
the electrical and mechanical equipment and fixtures in the mining sites. Surface
mine workers shall include, but not limited to, mill plant workers and mechanical,
electrical and tailings pond personnel,

SECTION 4, Retirement Age. — An underground or surface mine 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 such, may retire and shall be entitled to all the retirement benefits
provided by existing laws


HB. No. __ p.2

SECTION 5, Retirement Benefits — Retired underground and surface mine workers
shall be entitled to all retirement benefits enjoyed by Social Security System members provided
under the Social Security System Act.

SECTION 6, Repealing Clause, — Article 287 of Presidential Decree No, 442, as
amended, otherwise known as The Labor Code of the Philippines, and Section 12-B 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

SECTION 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.

SECTION 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,