AN ACT GOVERNING THE OPERATIONS AND ADMINISTRATION OF THE OVERSEAS WORKERS WELFARE ADMINISTRATION

Republic Act No. 10801

Summary of the Overseas Workers Welfare Administration Act

Declaration of Policy and Objectives (Sections 2-3)
- Declares the State's policy to protect Overseas Filipino Workers (OFWs) and promote their welfare.
- The Overseas Workers Welfare Administration (OWWA) is a principal agency to serve and promote the rights, interests, and welfare of OFWs and their families.
- The Act provides guidelines on OWWA's mandate, membership, contributions, benefits, fund management, and program administration.

Nature, Scope, and Functions of OWWA (Sections 4-6)
- OWWA is a national government agency with a special function to develop and implement welfare programs for OFWs and their families.
- It is endowed with powers to administer the OWWA Fund, a trust fund for the welfare of OFWs.
- OWWA's functions include:
    - Protecting the interests and promoting the welfare of OFWs (Section 6a).
    - Facilitating the implementation of laws concerning OFW welfare (Section 6b).
    - Providing social and welfare programs, legal assistance, and other services to OFWs (Sections 6c-6d).
    - Ensuring the efficiency of collections and viability of the OWWA Fund (Section 6e).
    - Undertaking studies and research for the well-being of OFWs (Section 6f).
    - Developing and financing specific projects for OFW welfare (Section 6g).
    - Ensuring the implementation of laws and conventions within its jurisdiction (Section 6h).

Definition of Terms (Section 7)
- Defines key terms such as "compensation," "contribution," "dependent," "non-active OWWA member," "non-OWWA member," "OWWA member," "Overseas Filipino Worker (OFW)," and "voluntary OWWA member."

Membership, Contribution, and Collection (Sections 8-19)
- Membership in OWWA can be obtained through compulsory registration upon processing of employment contracts or voluntary registration (Section 8).
- The membership contribution is $25 or its equivalent, effective for the duration of the OFW's employment contract or two years, whichever comes first (Section 9).
- The OWWA Board may adjust the membership contribution based on actuarial studies (Section 10).
- OWWA shall issue an official receipt, e-card, or identification card as proof of membership (Section 11).
- Contributions of land-based and sea-based members shall be accounted for separately (Section 12).
- Contributions shall be collected by authorized OWWA collecting officers, deputized collecting officers, or accredited collecting agents (Section 13).
- Collecting officers must submit monthly reports and handle collections according to rules and regulations (Sections 14-15).
- Sanctions shall be imposed on erring officers (Section 16).
- No discrimination in membership based on age, gender, religion, or political affiliation (Section 17).
- Employers or recruitment agencies must pay the contributions for new hires (Section 18).
- Violation by recruitment agencies is punishable by license revocation and disqualification of officers and directors (Section 19).

OWWA Board of Trustees (Sections 20-24)
- The OWWA Board of Trustees is the policy-making body, composed of government officials and representatives from OFWs, women, and recruitment sectors (Section 20).
- Board members shall receive per diem rates (Section 21).
- The Board's responsibilities and powers include defining OWWA's thrusts, approving programs and budget, formulating rules and regulations, ensuring fund integrity, and exercising other necessary powers (Section 22).
- Regular Board meetings shall be held monthly, with provisions for special meetings and quorum requirements (Section 23).
- Rules for Board proceedings, including notice, voting, attendance, presiding officer, resolutions, and records management (Section 24).

OWWA Secretariat (Sections 25-29)
- The OWWA Secretariat is the implementing arm of OWWA (Section 25).
- Duties and responsibilities of the Secretariat include implementing Board decisions, managing programs and services, formulating plans, conducting research, monitoring performance, and maintaining linkages (Section 26).
- The OWWA Administrator is the Chief Executive Officer, responsible for overall operations and supervision (Section 27).
- Two Deputy Administrators shall assist the Administrator in administration, fund management, and operations (Section 28).
- OWWA shall maintain Regional and On-site Welfare Offices under the Philippine Overseas Labor Offices (Section 29).

Personnel and Staffing Pattern (Sections 30-33)
- The OWWA Board shall conduct a management audit and submit a reorganization plan within one year (Section 30).
- A qualifications upgrading program shall be designed for OWWA staffing, with existing personnel required to obtain necessary qualifications within specified timeframes (Section 31).
- The new structure and staffing pattern shall be prescribed by the Board and approved by the DBM, with provisions for appointing or transferring current personnel (Section 32).
- General qualifications for appointment shall be in accordance with CSC standards, and OWWA may hire experts as necessary (Section 33).

OWWA Benefits and Services (Sections 34-36)
- OWWA shall provide gender-responsive reintegration programs, repatriation assistance, loan and credit assistance, on-site workers assistance, death and disability benefits, health care benefits, education and skills training, social services, family welfare assistance, and other appropriate programs (Section 34).
- Benefits and services include:
    - Reintegration of OFWs, with at least 10% of the previous year's contributions allocated annually (Section 35a).
    - Repatriation assistance in coordination with the Department of Foreign Affairs (Section 35b).
    - Low-interest loans to member-OFWs (Section 35c).
    - Workers assistance and on-site services, including legal assistance, counseling, and outreach missions (Section 35d).
    - Social benefits such as death and disability benefits ($100,000 for natural death, $200,000 for accidental death, disability and dismemberment benefits, total disability benefit of $100,000, and burial benefit of $20,000), health care benefits, and education and training benefits (Section 35e).
- OWWA shall continue developing new programs and maintain an interactive website for feedback (Section 36).

The OWWA Trust Fund (Sections 37-43)
- The OWWA Fund is a private trust fund held by OWWA for the welfare of member-OFWs and their families (Section 37).
- The OWWA Fund can only be used for its intended purposes and shall not accrue to the general fund of the National Government (Section 38).
- The OWWA Fund consists of membership contributions, investment income, and other sources (Section 39).
- All incomes generated by OWWA shall be retained and disbursed at the Board's discretion for providing services and benefits (Section 40).
- The Board is the trustee of the OWWA Fund and is bound by a fiduciary duty to manage it with utmost diligence and care (Section 41).
- The OWWA Fund shall be managed with full transparency and public disclosure (Section 42).
- The Board shall submit reports on the OWWA Fund's collections and disbursements to Congress and the President (Section 43).

Investment Administration: Safeguards (Sections 44-46)
- The OWWA Fund shall be safeguarded against loss and misuse, with periodic inventory of investments and proper custody (Section 44a).
- OWWA shall administer acquired or foreclosed properties, ensure proper documentation, and submit an asset development/disposal plan (Section 44b).
- Unredeemed investments and receivables shall be inventoried semi-annually, with a redemption plan submitted to the Board (Section 44c).
- OWWA investments shall be placed in government securities and bonds, with portfolio management outsourced to GFIs (Section 45).
- OWWA shall conduct periodic actuarial examinations and valuations of its funds (Section 46).

Fiscal and Budget Policy: Management of OWWA Fund (Sections 47-52)
- The annual budget for benefits and services shall be sourced from the OWWA Fund (Section 47).
- OWWA shall follow the national government budget system in preparing and approving the annual budget (Section 48).
- Provisions for a reenacted budget if the proposed budget is not approved (Section 49).
- Budget realignment and adjustments shall be submitted to the Board for approval (Section 50).
- OWWA Regional Units shall maintain separate books of accounts, with consolidated financial reports submitted to COA and the Board (Section 51).
- OWWA shall adopt the appropriate chart of accounts prescribed by COA (Section 52).

Appropriation from the National Government (Section 53)
- The initial implementation of the Act shall be charged against OWWA's internal funds.
- Thereafter, the National Government shall include a lump sum in the annual General Appropriations Act for OWWA's operations and maintenance.

Miscellaneous Provisions (Sections 54-61)
- OWWA shall develop a program for granting rebates or financial assistance to long-time members who have not availed of any service or benefit (Section 54).
- OWWA's procurement system shall be governed by the Government Procurement Reform Act (Section 55).
- OWWA and its assets, contributions, and benefit payments are exempt from taxes, legal processes, and liens (Section 56).
- Transitory provisions for the transfer of facilities, equipment, and personnel from the previous OWWA organization (Section 57).
- The OWWA Board shall promulgate implementing rules and regulations within 90 days of the Act's effectivity (Section 58).
- Separability clause (Section 59).
- Repealing clause for inconsistent laws, decrees, and executive orders (Section 60).
- Effectivity clause (Section 61).