reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8806 - Outsourcing

During Phases I, II, and III, and in order to ensure the continuity and quality of government services, the JREF may authorize the transfer and outsourcing of the work performed by employees, appropriate units and unionized labor units.
During the effectiveness of Phases I, II, and III, all provisions of law, regulations, collective bargaining agreements, or precept that are contrary to what is indicated in this chapter shall be stayed.
In all contracts executed by the agencies pursuant to this section, the contractor shall be required to hire for the rendering of the contracted services, those available and terminated employees who have the skills and experience needed to render the contracted service, in accordance to the list of candidates for reinstatement that ORHELA shall prepare pursuant to the provisions of § 8807 of this title.
History —Mar. 9, 2009, No. 7, § 42.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8807 - Norms for reinstatement and contracting of terminated employees

(a) Terminated employees shall be included in the register of eligible persons to be prepared by ORHELA, for a term of one (1) year as of the date of termination. The name of the employee, the position held at the time of termination and his/her seniority shall appear in said register.
(b) If upon the implementation of Phase II there is a need to fill a vacant position, and it cannot be done through transfer, those persons who appear in the register of eligible persons and who, at the time of their termination were performing the same or work similar to that of the vacant position may be reemployed, following the seniority criteria. In these cases, these employees shall be reemployed giving preference to those of greater seniority.
History —Mar. 9, 2009, No. 7, § 43.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8808 - Unlawful practices

The adoption of any measure authorized by this chapter, be it by JREF, OMB, GDB, ORHELA, the agencies, their appointing authorities, the Governor or by any of their representatives shall not constitute a violation to the existing collective bargaining agreements. This shall neither be an unlawful practice.
History —Mar. 9, 2009, No. 7, § 44.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 102 - Spending Cutback Measures (§§ 8791 — 8810) › § 8809 - Establishment of a website and call center

ORHELA shall establish a website with information on Phases I, II, and III. It shall also establish a call center to answer the questions of affected employees and provide information on the implementation of the above described phases.
History —Mar. 9, 2009, No. 7, § 45.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8821 - Definitions

To construe this chapter, the following terms shall have the meaning stated below:
(a) Agency.— Any department, office, bureau, commission, board, administration, authority, instrumentality, or public corporation that has no issued bonds, or any other body of the Executive Branch.
(b) Council.— The Executive Branch Modernization Council created under this chapter.
(c) Reorganization plan or plans.— A reorganization proposal submitted by the Council to the Governor, and by the latter, to the Legislative Assembly for its consideration, which includes the detailed terms and conditions of the reorganization of one or various agencies, in accordance with the procedure established in this chapter.
(d) Third sector.— Nonprofit, community, faith-based, and secular organizations.
History —Dec. 17, 2009, No. 182, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8822 - Purposes and objectives of the reorganization

The Executive Branch Modernization Council created under this chapter, in representation of the Governor, shall submit the recommended structure and organization of the executive departments and agencies it may deem appropriate, to a thorough evaluation and scrutiny, taking into account the following objectives:
(a) To develop a clear government philosophy and organizational structure based on the current needs and new challenges of society and observing standards such as quality, time, and effectiveness in the rendering of services.
(b) To optimize efficiency and effectiveness in public endeavors, reduce public spending, and reallocate resources strategically.
(c) To reduce bureaucracy and streamline the operating processes of the Government.
(d) To delegate more powers to agencies at both the local and regional levels, so they can make quick decisions with respect to citizens’ requests for services.
(e) To promote a new organizational culture that fosters participatory management, sense of responsibility, and shared values.
(f) To establish a clear chain of command so that every head of agency can respond for his/her actions and assume his/her leadership effectively and responsibly.
(g) To develop a work plan for reorganization in order to provide for the evaluation of each department or agency in the following areas:
(1) Internal organization.
(2) Mission and convergence of programs to accomplish such mission.
(3) Internal and interagency coordination and relation with the functions of other agencies or programs.
(4) Assessment of efficiency (time, processes, and costs) and effectiveness (results) in critical services.
(5) Operational regulations to reduce bureaucratic processes and eliminate those obstacles that hinder the socioeconomic development of the island.
To make recommendations as to the convenience of eliminating, coordinating, transferring, or restructuring those agencies, departments, offices, and programs that do not meet the expectations of their end users or that have been duplicated through the creation of new programs or legislation.
(h) To assess the need for training or retraining of public officials, pursuant to the recommended reorganization and modernization plans.
History —Dec. 17, 2009, No. 182, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8823 - Executive Branch Modernization Council—Creation

The Executive Branch Modernization Council, hereinafter “the Council”, is hereby created, to be attached to the Office of the Governor. This Council shall develop a work plan to coordinate study and evaluation efforts on the organization, operation, and processes of each agency, and shall guarantee uniformity in the modernization process of the Executive Branch. In addition, it shall make recommendations to the Governor on the changes and the adoption of measures that it may deem necessary to attain the purposes stated in § 8822 of this title.
The Council shall be composed of five (5) members, to wit: the Secretary of the Department of State who shall preside it; the Secretary of the Department of the Treasury; the Director of the Office of Management and Budget; the Secretary of the Department of Labor and Human Resources; and the Chief Information Officer of the Government of Puerto Rico.
The absence, resignation, or vacancy in the office of any member of the Council shall not affect the discharge of the functions, duties, and determinations thereof. In the event of absence, resignation, or vacancy in the office of any of its members, it shall be covered by a person representing the agency or department causing such absence, resignation, or vacancy, and designated as provided in this section.
The members of the Council, or in its default, the designated representative, shall collaborate with the Chair of the Council in implementing the public policy geared toward achieving the purposes of this chapter.
The Council may request free advice from any person of the private sector or academia with experience or expertise in any of the issues under its consideration.
Three (3) members of the Council shall constitute a quorum, and the decisions thereof shall be made by a majority of its members.
History —Dec. 17, 2009, No. 182, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8824 - Executive Branch Modernization Council—Functions, powers, and duties

The Council shall have the following powers, authorities, attributions, and prerogatives inherent thereto, among which are, without it being construed as a limitation, the following:
(a) To require from agencies any information, documents, and/or records that are necessary to carry out the functions and responsibilities entrusted thereto under this chapter;
(b) to call meetings and discuss, with the heads of agencies or their authorized representatives, the proposals of change being evaluated that may affect their respective agencies, as well as the drafts of the reorganization plans resulting from such evaluations;
(c) to evaluate the Executive Branch, including public corporations, in order to propose changes as necessary to meet the purposes and ends set forth in § 8822 of this title;
(d) to submit the recommended reorganization plan or plans, referred to hereinbelow, for the consideration of the Governor. Heads of agency may present reorganization proposals and make change recommendations to the Council. Along with the corresponding plan or plans, the Council shall send an explanatory report thereof whereby the need for their approval is justified in accordance with the provisions of this chapter, and
(e) to establish bylaws allowing for its effective, efficient, and orderly operations in order to attain the objectives of this chapter.
History —Dec. 17, 2009, No. 182, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8825 - Executive Branch Modernization Council—Technical and administrative support to the Council

The Council shall receive technical and administrative support as necessary from the Office of Management and Budget to discharge the responsibilities entrusted to it under this chapter. The Council or personnel onto whom it delegates shall have access, upon previous coordination with the heads of the agencies, to the physical facilities of such agencies, their personnel, and documents, records, or information systems, as it may deem necessary, to carry out its duties. Likewise, the Council may request heads of agencies to assign any personnel that it deems can collaborate with it in carrying out its mission; such employees shall keep the rights they enjoy in their respective regular jobs.
Furthermore, the Council may request free advice from any public official with experience or expertise in any of the issues under its consideration.
History —Dec. 17, 2009, No. 182, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8826 - Scope of the reorganization of the Executive Branch

The Council shall recommend the reorganization it may deem convenient to achieve one or more of the purposes and ends set forth in § 8822 of this title, as well as make determinations and present to the Governor the reorganization plan or plans recommended pursuant to the provisions of this chapter. Upon approval, the Governor shall submit the reorganization plan or plans recommended pursuant to the provisions of this chapter to the Legislative Assembly. Such plans shall include relevant recommendations to:
(a) Transfer, in whole or in part, any agency, or all or any functions thereof, to another;
(b) merge the entire agency, or any part or function thereof, to another;
(c) review the functions or processes to expedite the rendering of services;
(d) create or eliminate an agency or function as part of the reorganization plan or plans, except for the elimination of those departments created under the Constitution;
(e) delegate or transfer functions or competencies of agencies to the municipalities of Puerto Rico or the third sector;
(f) delegate more powers to agencies at both the local and regional levels so as to provide citizens with access to decision-making processes, and
(g) establish parameters and operating guidelines to promote the efficient operation of the agencies subject to the reorganization plans.
After submitting the recommended reorganization plan or plans, the Council may provide anything it may deem necessary for the most adequate implementation thereof, including the completion of such reorganization in stages.
History —Dec. 17, 2009, No. 182, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8827 - Other provisions on reorganization plans

The reorganization plan or plans submitted pursuant to the provisions of this chapter may also include provisions on the following:
(a) The authorization of the delegation of any function or responsibility by any official to another official or employee of the same agency or between agencies;
(b) the change of the name of any agency affected by the reorganization and the title of its head; to designate the name of any agency resulting from the reorganization and the title of its head, in order to assign duties;
(c) the appointment, removal, term, and compensation of the head of agency and one or more officials of any agency, including the agency resulting from the merger or reorganization or a newly created agency;
(d) the transfer, or otherwise the disposal of accounting books, files, property, and personnel affected by the reorganization;
(e) the transfer of any balance from appropriations or other funds available for use with respect to any function or agency affected by the reorganization, which is deemed necessary by virtue thereof, for use by the agency or agencies assuming such functions after the effective date of the reorganization plan, and
(f) a detailed statement of the savings projected with the implementation of said plan or plans.
History —Dec. 17, 2009, No. 182, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8828 - Limitations of the plans

No reorganization plan or plans shall provide and no reorganization adopted under this chapter shall have the effect of:
(a) Extending the term of existence of an agency beyond the term authorized by law or beyond the term in which it would have ceased to exist if it were not for the reorganization;
(b) extending any function beyond the term prescribed by law, or beyond the date on which it would have ceased if it were not for the reorganization;
(c) extending the term set by law for any office, and
(d) affecting the vested rights of the employees of the reorganized agencies, in accordance with the provisions of Act No. 7 of March 9, 2009.
History —Dec. 17, 2009, No. 182, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8829 - Filing of reorganization and modernization plans

The filing of reorganization plans with the Legislative Assembly shall be made simultaneously in both Houses, not later than forty-five days (45) days before the adjournment of a Regular Session, and not less than twenty-five (25) days before the calling of a Special Session, if such plans are to be considered during such Special Session. If the Governor files a reorganization plan within less than forty-five (45) days before the adjournment of a Regular Session, such session shall be extended by means of a Joint Resolution for the number of days needed for completing such forty-five (45) days, only to complete the filing process of the reorganization plan during the days added to the Session.
History —Dec. 17, 2009, No. 182, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8830 - Legislative processing of reorganization plans

It shall be the duty of the appropriate Committee in each Legislative House to make a preliminary analysis of the reorganization plans and the reports submitted to such effect by the Governor to the Legislative Assembly. For such purposes, the following procedure is hereby established:
(a) The Secretary of the Senate and the Clerk of the House of Representatives shall refer the reorganization plans filed by the Governor for consideration by the Legislative Assembly and, after simultaneously notifying the members of their respective Houses about the filing thereof, they shall notify the matter to the People through the website of each House.
(b) The appropriate Committee of both Houses may hold hearings on the reorganization plans filed by the Governor, and subsequently adopt the Preliminary Report corresponding to each plan, which shall be simultaneously filed with the office of the Secretary of the Senate and the Clerk of the House of Representatives.
(c) The final action of both Houses on each reorganization plan shall be taken by following the regular study and consideration process of legislative measures set forth in the Constitution of the Commonwealth of Puerto Rico and the Rules in effect of the Legislative Assembly of Puerto Rico. If no final action is taken by any House within such term, it shall be understood that the plan has been rejected.
(d) The reorganization plans approved by both Houses shall be sent to the Governor for his/her signature as in the case of any bill.
History —Dec. 17, 2009, No. 182, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8831 - Ratification of obligations and pending suits

None of the provisions of this chapter and the reorganization carried out by virtue thereof shall affect, modify, or terminate any contract, loan, note, or any other kind of obligation recognized in law, legally issued or contracted by any of the agencies reorganized by virtue of the adopted plan or plans. On the contrary, all contracts, loans, notes, and all other kinds of obligations, regardless of their scope or nature, shall be faithfully complied with, satisfied, and paid by the successor of the reorganized agency, once they are evaluated and audited. If there is no successor agency due to the elimination of an agency, the Legislative Assembly shall designate the agency or official that shall represent the Commonwealth of Puerto Rico.
No lawsuit, action, or proceeding initiated pursuant to the law by or against an agency, by or against a head of agency or other official of the Commonwealth of Puerto Rico, in his/her official capacity or with respect to the discharge of his/her official duties, shall be dismissed as a result of the effectiveness of the reorganization plan adopted pursuant to the provisions of this chapter. The Court of First Instance, through motion or supplemental pleading filed at any time within the twelve (12) months following the effective date of the reorganization plan or plans, showing to the satisfaction of the court the need to continue such lawsuit, action, or other proceeding to settle the issues presented, shall evaluate whether the lawsuit shall continue against the successor(s) of the head agency or official of such agency under the reorganization made under the plan or plans, or if there is no successor, by or against the agency or official designated by the Governor.
History —Dec. 17, 2009, No. 182, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8832 - Publication of plans

The reorganization plan or plans to be filed for consideration by the Legislative Assembly shall be published in the website of the Government. Furthermore, reorganization plans shall be published along with the Laws of Puerto Rico, in the volume corresponding to the year in which the plan was approved.
History —Dec. 17, 2009, No. 182, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 103 - Executive Branch Reorganization and Modernization Act of 2009 (§§ 8821 — 8833) › § 8833 - Prohibition

No reorganization plan or plans shall have the effect of discriminating against any public employee by reason of race, color, gender, birthplace, age, origin or social status or political or religious beliefs.
History —Dec. 17, 2009, No. 182, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8852 - Office of the Inspector General—Creation

The Office of the Inspector General of the Government of Puerto Rico is hereby created, attached to the Office of the Governor, in order to coordinate and improve government efforts to foster integrity and efficiency in the use and management of public funds, to prevent fraud and corruption.
Due to the sensitive nature of its functions, the Office shall be an autonomous entity and operate independently from all other government agencies, departments, and entities.
The Office shall have access to information and documents related to the budget and of all agencies and corporations of the Executive Branch. The provisions of this chapter shall not apply to the Office of Government Ethics of Puerto Rico and the Office of the Comptroller of Puerto Rico, in order to reiterate the public policy regarding administrative independence, which is indispensable to carry out the delicate functions entrusted to such agencies.
History —Apr. 16, 2010, No. 42, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8853 - Office of the Inspector General—Director

The Director of the Office shall be appointed by the Governor, with the advice and consent of the Senate and the House of Representatives of Puerto Rico, for the duration of the four-year term in which he/she is appointed. The compensation of the Director of the Office shall be determined by the Governor according to the office’s level of responsibility. The appointed official shall be a person of recognized professional capability, moral probity, and knowledge in the fields of public administration and government management.
The person appointed as Director may not be a candidate for elective public office while working for the Office, nor for the three (3) years following the end of his/her tenure. Likewise, he/she may not take part in any political committee nor participate in political campaigns.
History —Apr. 16, 2010, No. 42, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8855 - Office of the Inspector General—Director; additional powers and duties

The Executive Director of the Office shall also have the following powers and duties:
(1) To plan, supervise, and direct the operations of the Office.
(2) To devise the Annual Strategic Plan for Audits, Evaluations, and Investigations to be carried out by the Office, which shall be submitted to the Committee for approval.
(3) To submit to the Office of Management and Budget the annual budget request of the Office, with the previous approval of the Committee.
(4) To appoint the personnel he/she deems necessary for the operation of the Office; as well as to contract expert professional services, as he/she deems convenient, to collaborate in investigations and evaluations in more complex areas.
(5) To establish a professional betterment system aimed at increasing personnel effectiveness in the Office through the development of policies, standards, and strategies that allow for a well-trained staff with required skills. Such system shall allow personnel to achieve planned progress at work or in their field so as to reach their professional goals.
(6) To establish the internal organization of the Office with the collaboration and advice of the Office of Management and Budget.
(7) To establish the bylaws for the operation of the Office.
History —Apr. 16, 2010, No. 42, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8856 - Records

In the course of business, no documentation or records shall be viewed or reviewed by third parties. The results of audits, studies, evaluations, and investigations shall be made public, unless the information included therein is either confidential or exempt from public disclosure by provision of law.
The Director of the Office shall maintain the confidentiality of public records that need to be confidential and shall be subject to the same penalties as the custodian of said documents if confidentiality statutes are violated.
History —Apr. 16, 2010, No. 42, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8857 - Reports to the Governor and the Legislative Assembly

The Office shall draft an annual report on the evaluations, studies, audits, and interventions carried out in government entities, municipalities, or nonprofit entities within the three (3) months following the close of the fiscal year.
Said report shall contain findings and recommendations resulting from the audits, evaluations, studies, and interventions carried out in government entities; including corrective action plans to be implemented regarding the deficiencies found.
History —Apr. 16, 2010, No. 42, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8858 - Governor’s Committee on Government Integrity and Efficiency—Creation

The Governor’s Committee on Government Integrity and Efficiency is hereby established, which shall be composed of the Director of the Office of Management and Budget, who shall preside it, the President of the Government Development Bank, the Secretary of the Treasury, and two (2) members representing the public interest with experience in auditing, who shall be appointed by the Governor and discharge their duties at the latter’s discretion. The Director of the Office shall also be a member of the Committee with voice, but no vote, in the decisions thereof.
The Committee shall hold at least two (2) regular meetings a year, and any other special meetings as deemed convenient to carry out the purposes of this chapter. Four (4) members shall constitute a quorum and the decisions of the Auditing Committee shall be made by majority vote.
History —Apr. 16, 2010, No. 42, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8859 - Governor’s Committee on Government Integrity and Efficiency—Duties and powers

(1) To approve the Strategic Plan for Operational, Management, Information Systems, Administrative, and Fiscal Auditing, developed by the Office.
(2) To approve regulations developed by the Office to comply with the purposes of this chapter, except for those related to the internal operation of the Office, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
(3) To approve the standards, policies, rules, and procedures developed by the Office to guide the agencies in the establishment of controls and the observance of sound management practices.
(4) To evaluate the results of the audits carried out by the Office in order to make decisions regarding the Strategic Plan.
(5) To evaluate and approve referrals to the Department of Justice, the Office of Government Ethics, and the Comptroller in connection with any report rendered by the Office in which it is reasonably understood that a violation of the applicable laws has been committed with regards to the use of public property or funds.
(6) To advise the Governor and the Legislative Assembly on the results of the audits, studies, evaluations, and investigations carried out.
(7) To carry out prevention activities, such as the review of public policy, legislation, procedures, and regulations aimed at improving Government fiscal and operational systems and controls, as well as to foster integrity and efficiency in public employees.
(8) To require the Office to carry out audits, studies, evaluations, and investigations on government entities. Likewise, to refer to the Office any issues it understands should be investigated, studied, or audited.
(9) To monitor contracts executed and/or bids awarded by government agencies, whose amount exceeds one million dollars. To such effect, all government agencies shall be required to submit to the Committee said contracts, as well as any amendments thereto.
(10) To continually identify, review, and discuss areas that are weak or vulnerable in state and federal programs, fraudulent operations, misappropriation and abuse of funds, and to develop plans to coordinate activities to individually address problems that transcend the agencies.
(11) To establish, by agreement of its members, the rules for its organization, internal operation, and others it deems convenient to carry out the purposes of this chapter.
History —Apr. 16, 2010, No. 42, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8860 - Administrative support

The Office of Management and Budget shall provide the Office of the Inspector General of the Government of Puerto Rico and the Governor’s Committee on Government Integrity and Efficiency the administrative support necessary to carry out their functions. The heads of agencies represented in the Committee shall also collaborate in providing the administrative support necessary to allow its representatives to fully carry out their duties.
History —Apr. 16, 2010, No. 42, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8861 - Responsibility of the agencies, departments, and entities of the Executive Branch

Each Internal Auditor of the agencies, departments, and entities of the Executive Branch shall, hereafter, report directly to the Office, except for internal auditors attached to public corporations. However, their compensation shall be defrayed from the budget of each agency, department, or government entity to which they belong.
History —Apr. 16, 2010, No. 42, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8862 - Transfers

The personnel, budget, documents, records, materials, and equipment of the Auditing Area of the Office of Management and Budget are hereby transferred to the Office. Likewise, the personnel attached to the different internal auditing units of government entities, except for personnel from public corporations, are also transferred to this Office.
These personnel shall retain all the rights, privileges, duties, and status with respect to any existing pension, retirement, or savings and loan fund system(s) to which they were affiliated at the time of the approval of this act, insofar as they remain in the same office they held at the time of the transfer.
While the Director of the Office does not relocate these personnel, they shall remain at the agencies to which they have been appointed.
History —Apr. 16, 2010, No. 42, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8863 - Budget

The Office of the Inspector General of the Government of Puerto Rico shall operate during the current fiscal year with the budget of the Operational Auditing Program of the Office of Management and Budget. For subsequent years, the budget of the Office shall be included in the General Budget for Operating Expenses of the Government of Puerto Rico. To such effect, the Director of the Office of the Inspector General shall annually submit to the Office of Management and Budget the budget request for operating expenses of the Agency.
History —Apr. 16, 2010, No. 42, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 104 - Inspector General of the Government of Puerto Rico (§§ 8851 — 8864) › § 8864 - Applicability

The duties and powers of the Office related to the oversight of public funds shall apply to the agencies, departments, and instrumentalities of the Executive Branch, including public corporations. With regards to the oversight of federal funds, it shall also apply to municipalities, universities, and nonprofit institutions.
History —Apr. 16, 2010, No. 42, § 17.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8882 - Participation in the Program

Except as otherwise provided in § 8896 of this title, any person who, at the date of effectiveness of this act, is a career employee of an agency, shall be eligible to participate in the Program.
History —July 2, 2010, No. 70, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8884 - Income tax payment

The financial incentive payment established in § 8883(a) of this title shall be exempted from income taxes and shall not be subject to deductions on account of savings and contributions to the government employees retirement systems, but it may be subject to other deductions authorized by law, such as those voluntarily incurred by the employee for:
(a) Loans from the Employees Association, Government Retirement Systems or Public Employee Savings and Credit Unions, and
(b) Social Security and Medicare deductions.
The financial incentive received by employees of public agencies or corporations excluded from § 8881 of this title that implement payroll expense reduction programs or plans through incentivized resignations, shall not be subject to income tax. These programs or plans shall be approved by the Office of Management and Budget, through a certification by the corresponding agency or corporation of the economic impact of the implementation thereof.
History —July 2, 2010, No. 70, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8885 - Liquidation of vacation leave, sick leave and retirement payoff and other bonuses

(a) Any sum to which a participant is entitled to receive as final payoff on account of vacation leave, sick leave or other bonuses accrued to be paid by the agency, shall be paid within a term not greater than ninety (90) days as of the date of effectiveness of his/her participation in the Program, if the required documents for such payoff have been submitted to the agency.
(b) Program participants under § 8883(a) of this title may choose to have their contributions to the public retirement systems paid off or transferred, or adopt any other alternative provided in and pursuant to the laws and regulations that govern their corresponding retirement system or plan. Those who choose what has been provided herein and opt to have their contributions paid off are hereby waiving any pension to which they are entitled.
History —July 2, 2010, No. 70, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8886 - Health insurance benefit

Every Program participant under subsections (a) and (b) of § 8883 of this title shall be eligible for payment of health insurance premiums in a health plan selected by the Administrator of the Program. Such premium shall be paid for a maximum term of twelve (12) months as of the date of effectiveness of the participation program or until the participant becomes eligible for health insurance coverage in another job or through any other source of coverage, whichever occurs first. When the employee benefited under § 8883(b) of this title becomes part of the responsibilities of the Retirement System in accordance with the law, he/she shall not be entitled to receive the health insurance contribution as provided in §§ 729 et seq. of this title. This benefit shall be subject to the provisions adopted by the Program Administrator. In the case of beneficiaries under § 8883(c) of this title, their health insurance shall be governed by the provisions of §§ 729 et seq. of this title.
History —July 2, 2010, No. 70, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8887 - Government contributions

In the case of employees who avail themselves of early retirement benefits set forth in § 8883(b) of this title, the Government shall pay the pension provided in said section as well as the corresponding employer contributions to the Retirement System until the participant has attained thirty (30) years of creditable service years and the age required under the applicable retirement plan, in order to avail him/herself of the retirement benefit. After such applicable period under the corresponding retirement plan, the pension shall be paid by the corresponding retirement system.
The Director of the Office of Management and Budget of the Government shall include in all operating budgets of the Government of Puerto Rico to be submitted annually by the Governor of Puerto Rico before the Legislature, the necessary amounts to cover the payment of pensions and employer contributions. In order for the Office of Management and Budget of the Government to make the corresponding budgetary allotments, it shall require a certificate from the Administrator of the Retirement System to state the amount of funds expected to be necessary for each fiscal year. In the event of the death of the pensioner, the benefits of his/her surviving spouse and children with respect to the pension granted under § 8883(b) of this title and the pension provided for in § 8883(c) of this title, shall be governed by § 798a of this title.
History —July 2, 2010, No. 70, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8888 - Biweekly payment; life annuities

Any retirement annuity under § 8883(b) of this title shall be deemed to be a life annuity and shall be payable biweekly, and the same may not be reduced, revoked or repealed, except when granted by mistake. Such annuity shall not be subject to the periodical three (3)-percent triennial raise provided for in §§ 761 et seq. of this title, or any other law. In the case of employees who have chosen to avail themselves of the provisions of § 8883(c) of this title, their pension shall be subject to the three-percent-triennial-raise, in accordance with §§ 761 et seq. of this title.
History —July 2, 2010, No. 70, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8889 - Participant’s debts with the Retirement System

With respect to any debt incurred by a participant that is secured by his/her contributions accrued in the Retirement System, it is hereby provided that the benefits provided for in subsections (b) and (c) of § 8883 of this title shall be used to settle, firstly, any outstanding obligations incurred by the participant with the Retirement System. The Retirement System may allow the settlement of such debts through monthly installments or payment plans pursuant to the regulations of the Retirement System.
History —July 2, 2010, No. 70, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8890 - Training services

Participants of the Program provided for in this chapter could receive services such as training, retraining, and job seeking assistance through the Department of Labor and its operating components or any other entity designated by the Department of Labor, pursuant to the guidelines promulgated by the same. The Department of Labor shall have full authority to design the abovementioned services, so as to provide a real alternative to the participants. Those employees interested in benefiting from the Program may receive such services throughout the term of the opting period henceforth.
The Department of Labor shall, to the extent possible, consider the Human Resources Office of the Commonwealth of Puerto Rico (ORHELA, Spanish acronym), to collaborate in the retraining process of Program participants in those areas it deems convenient, and take such action so as to identify the five (5)-year ineligibility of those who opt for the Program, thus complying with § 8894 of this title.
Any employee who avails him/herself of the retirement benefits under subsections (b) and (c) of § 8883 of this title may render volunteer services in the agency where he/she worked or in any other agency that may need such services. The Department of Labor shall urge agencies to adopt the necessary measures to facilitate such volunteer services.
History —July 2, 2010, No. 70, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8891 - Term to opt for the Program

Those employees who wish to participate in the Program shall do so during the initial opting period established, on or before October 30, 2010, or any additional thirty (30)-day opting period established by the Program Administrator on or before December 31, 2012.
History —July 2, 2010, No. 70, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8892 - Procedure for choosing to participate in the Program

Those employees who wish to participate in the Program shall opt for the same during the opting period. Employees interested in availing themselves of the Program shall complete the option form to be provided by the agency and file the same personally with the Human Resources Office of the Commonwealth of Puerto Rico during the opting period. Each appointing authority shall approve every option form submitted by employees of its agency. The Department of Labor shall prepare the option form and distribute the same to the agencies.
History —July 2, 2010, No. 70, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8893 - Effective date of participation in the Program

The participation of eligible employees in the Program shall take effect thirty (30) calendar days as of the closing of the corresponding opting period or on the date in the certification of the Retirement System stating that employees have the necessary creditable years of service to participate in the Program, whichever is later. In order for such effective date to be deemed final, the agency shall have received the certification of the creditable years served by the employee in accordance with the Retirement System to which he/she belongs. Employees shall sign a document provided by every agency to certify that they agree with their creditable year certification issued by their Retirement System.
The Retirement Systems shall have a thirty (30) -calendar-day term to certify the creditable years of service of the employee who opts for the Program, once the agency sends the Program a copy of the option form and application form of the creditable year certification filed by the employee with the Human Resources Office. The System shall send a copy of the creditable year certification to the employee and the corresponding agency.
History —July 2, 2010, No. 70, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8895 - Program administration

The Administrator shall have any powers that are necessary and convenient for implementing this chapter. The Administrator may require appointing authorities to take any actions that it deems necessary and convenient for the implementation of this Program in their respective agencies; and it may require appointing authorities to furnish any information deemed necessary by the Administrator in order for it to evaluate any application to declare any position ineligible to participate in the Program. The Administrator shall draft the option form and adopt regulations for the implementation of the Program and the provisions of this chapter, without being subject to §§ 2101 et seq. of this title. Such documents shall be filed with the Legislature for the approval thereof. The Legislature shall indicate whether it has any objection in connection with such documents within twenty (20) days as of the receipt thereof. If no comments are issued, such documents shall be deemed to be approved without objections.
The form to be used for the implementation of the Program shall contain, in accordance with § 8894 of this title, a warning to the participant in legible bold type that his/her option to participate shall be final and irrevocable and constitute a full and absolute release and a waiver of rights to any past, present or potential claim based on the labor-management relationship, which rights are protected by the labor laws of Puerto Rico. It shall also contain what is provided in § 8894 of this title regarding the ineligibility, for a period of five (5) years, to re-enter the public service as a career, trust, provisional or irregular employee. Such form shall also include what is provided in § 8886 of this title regarding the health insurance benefit and what is provided in § 8888 of this title regarding the applicability of the three percent (3%) triennial raise.
History —July 2, 2010, No. 70, § 16.