Title
Racehorse Jockey Retirement Age Reduction
Law
Republic Act No. 10789
Decision Date
May 3, 2016
Republic Act No. 10789 reduces the retirement age of racehorse jockeys to 55, recognizing their unique circumstances and dangers, and providing retirement benefits at the same age. The law also establishes rules and regulations for its implementation, with consultation from the New Philippine Jockeys Association, Inc.
A

Declaration of Policy

  • Recognizes the hazardous nature of racehorse jockeying, including risks of life-threatening injuries, permanent disability, or death.
  • Establishes the State's obligation to protect the welfare of racehorse jockeys.
  • Justifies the adjustment of the retirement age as a welfare measure.

Retirement Age Provision (Article 302-A)

  • Sets the compulsory retirement age for licensed professional racehorse jockeys at 55 years.
  • Ensures entitlement to retirement benefits as provided under Article 302 of the Labor Code.
  • Requires jockeys to pay additional Social Security System (SSS) premiums as prescribed in the implementing rules.
  • Maintains existing benefits under other laws, company policies, or practices; does not diminish any pre-existing benefits.

Implementing Agencies and Rule-making

  • Assigns the Department of Labor and Employment (DOLE), Social Security System (SSS), and the Philippine Racing Commission (PHILRACOM) to formulate implementing rules.
  • Requires consultation with the New Philippine Jockeys Association, Inc. (NPJAI) during the rule-making process.
  • Mandates issuance of these rules within 30 days from the effectivity of the Act.

Amendments to Existing Laws

  • Modifies Section 12-B of Republic Act No. 1161 (Social Security Act of 1997) to align benefits for racehorse jockeys with the new retirement age of 55.
  • Repeals or modifies all inconsistent laws, decrees, executive orders, and other issuances.

Effectivity

  • The Act shall take effect 15 days after its full publication in the Official Gazette or a newspaper of general circulation.

Key Legal Concepts

  • Mandatory retirement age specific to racehorse jockeys acknowledges the unique occupational hazards.
  • Protection and promotion of workers’ welfare as a State policy tailored to a special professional group.
  • Ensures retirement benefits without reduction or removal of previously granted rights or benefits.
  • Collaboration among government agencies and jockey organizations in the formulation and implementation of rules.

Penalties and Additional Provisions

  • The Act itself does not specify penalties but implies compliance through compulsory retirement and payment of prescribed SSS premiums.
  • Emphasizes that benefits given under existing laws shall not be removed by the new provisions.

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