2023 Laws of Puerto Rico › TITLE EIGHTEEN - Education (§§ 1 — 3510-3520) › PART I - Public Schools (§§ 1 — 596d) › Chapter 18C - Commonwealth of Puerto Rico Teacher’s Retirement System Act (§§ 393 — 399d) › Subchapter III - Provisions applicable to all System Participants (§§ 395 — 395q) › § 395 - System participants

(a) The following persons shall be participants of the System and be subject to all the provisions of this chapter:
(1) Teachers in active service.
(2) Retired teachers and employees.
(3) Teachers who have availed themselves of the benefits of the provisions of this chapter who hold administrative positions in the Department of Education or in any Office of the School Principal attached to a municipality, or in a charitable learning institution for children and have all the rights and duties of teachers under this chapter, being this an essential condition to hold such rights, or in any public education institution of the Commonwealth of Puerto Rico, with the exception of the University of Puerto Rico, insofar as they provide evidence of their intent to continue availing themselves of the provisions of this chapter by means of a letter addressed to the Retirement System.
(4) Teachers who work for teacher or service organizations duly recognized by law, all teachers who practice in private institutions recognized by the Department of Education, and the members of the Legislative Assembly of the Commonwealth of Puerto Rico, provided they hold a valid certification to practice as teachers.
(5) System employees.
(b) The enrollment in the System of the participants indicated in clauses (1), (2), and (5) of subsection (a) of this section shall be automatic upon their appointment as teachers, employees, or pensioners of the System. After every appointment, the Department of Education shall send to the System a certified copy of the Appointment, Birth Certificate, and personnel record. In addition, every time a personnel transaction affects the participant’s contribution, the Department of Education shall be required to send the System a certified copy of the change report.
(c) In the cases referred to in clauses (3) and (4) of subsection (a) of this section, the participation shall be requested by any person who is interested in enrolling in the System or by a participant who wishes to continue making contributions. The request shall be evaluated by the System; if it complies with applicable laws and regulations, then enrollment or continued participation shall be granted.
(d) In the case referred to in subsection (a)(4) of this section, the teacher shall request his/her enrollment in the System in writing and make the corresponding contribution to the System, and the institution to which he/she belongs shall make the employer contribution established in this chapter. The System shall establish the rules it deems appropriate for the collection of such contributions. The teacher employers shall agree in writing to accept and comply with all the provisions of this chapter in all that pertains to teachers. If an employer does not agree to make employer contributions, the teacher must make them, agreeing to having all the corresponding contributions withheld, as provided by the System for such cases.
History —Dec. 24, 2013, No. 160, § 3.1.