2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 83 - Early Retirement for Government Employees (§§ 5001 — 5034) › Subchapter II - 2000 Early Retirement Program (§§ 5018 — 5034) › § 5022 - Pension for surviving spouse and children

(a) When a participant dies while receiving an annuity from the early retirement plan, the surviving spouse and minors, or physically or mentally impaired children, shall have the right to receive a pension, which shall be determined according to the provisions of this section.
(b) If the participant was not covered by the provisions of Title II of the Federal Social Security Act at the time of death, the persons mentioned in subsection (a) of this section shall receive, in equal amounts, sixty percent (60%) of the annuity the participant received at the time of his/her death.
(c) If the participant was covered by the provisions of Title II of the Federal Social Security Act at the time of death, the persons mentioned herein shall receive, in equal parts, instead of the provisions stated in subsection (b) of this section, thirty percent (30%) of the annuity the employee received at the time of death. The surviving spouse shall receive the pension provided for in this subsection upon attaining sixty (60) years of age. It is Provided, further, That the surviving spouse should have been married for at least ten (10) years to the deceased participant.
(d) In the case of minors or mentally impaired children, the pension shall be given to their father or mother, as the case may be, or to any other person so designated by the Court of First Instance, always seeking the welfare of said minors, or mentally impaired children.
(e) The surviving spouse of the deceased participant shall receive the pension provided [for] in this section as long as he/she does not remarry. [If there are] minor children, the payments shall be made until they attain eighteen (18) years of age, [unless] they are permanently disabled due to a mental condition or physical impairment, or until they attain twenty-five (25) years of age if they are pursuing studies. Said studies shall be pursued [in] an institution recognized by the Puerto Rico Higher Education Council or by the Department of Education, as the case may be. The Board may designate an institution located out[side] of Puerto Rico, which shall be recognized by an entity similar to the Puerto Rico Higher Education Council or the Department of Education as an institution where the children of the deceased participant may pursue their studies and qualify to receive benefits pursuant to this section.
(f) Any of the persons mentioned in this section who disagrees with the determinations made by the administrator in relation to his/her request for payment of benefits shall request reconsideration to the same within thirty (30) days after having been notified of said determination made by the administrator.
(g) In the event that any of the persons mentioned in this section has a right to another pension under any of the laws of Puerto Rico, for the same reason or, because of the death of a participant, he/she shall be paid whichever pension is determined to be higher.
Any person who is entitled to receive or is currently receiving, on his/her own right, a pension from any retirement system under the laws of Puerto Rico, shall receive or continue to receive the same, in addition to the pension provided herein for the death of a participant. The right to [the] death benefit shall be retroactive to the date of death of the participant, and the surviving spouse shall begin to receive [payments] from the date he/she meets the eligibility requirements established in this section.
(h) Except otherwise provided in this chapter, the pensions granted pursuant to this section, shall be exempted from any attachment or foreclosure. Provided, That in case of the death of a participant in the early retirement plan, the agency shall continue to make the economic contributions corresponding to the deceased participant.
History —Aug. 12, 2000, No. 174, § 6.