2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 814 - Federal social security for Puerto Rico—Agreement between Puerto Rico and the United States

The agency in charge, with the approval of the Governor of Puerto Rico, is hereby authorized, on behalf and in representation of the Government of Puerto Rico, to enter into an agreement with the Secretary of Health, Education and Welfare, consistent with the terms and provisions of §§ 813-819 of this title, for the purpose of extending the benefits of the old-age and survivors federal insurance system to the employees of the Government of Puerto Rico and of its instrumentalities and municipalities, with respect to the services specified in said agreement and which may constitute “employment” as said term is defined in § 813 of this title. Said agreement may provide for the inclusion of employees, benefits, contributions, effectiveness, modifications, and rescission thereof, its administration, and any other pertinent provisions that may be agreed upon between the agency in charge and the Secretary of Health, Education and Welfare. With the exception of what may otherwise be required by the Federal Social Security Act as regards the services that must be covered, the said agreement shall provide the following:
(1) Benefits for the employees included in the agreement, and their dependents and survivors, on the same basis as those applicable to employment according to the intent contained in Title II of the Social Security Act.
(2) The Government of Puerto Rico shall pay the Secretary of the United States Treasury, on the dates prescribed in the Federal Social Security Act, the contributions made by the employees included in the agreement, as well as a like sum to be contributed by the Government of Puerto Rico and the political subdivisions thereof, as hereinafter provided in §§ 813-819 of this title.
(3) Said agreement shall cover the services rendered in employments on and after the date specified in the agreement, but in no case on a date prior to January 1, 1951, or prior to January 1 of the calendar year in which modifications to this agreement applicable to such services take effect; except that any modifications made after December 31, 1954, but prior to January 1, 1958, may be made effective with respect to the services rendered after December 31, 1954, or to services rendered after a date specified in such modifications. Any modification made to this agreement after December 31, 1957, but prior to January 1, 1960, may be made effective with respect to the services rendered after December 31, 1955, or after a date specified in such modification. Any modification made to this agreement after December 31, 1960, may be made effective with respect to the services rendered after the last day of the sixth calendar year prior to the year said modification is made or from the date specified in such modification.
(4) Every service constituting “employment” as defined in § 813 of this title, and rendered to the Government of Puerto Rico, shall be included in the agreement.
(5) Depending upon whatever modifications it may be the object of, the agreement shall include all the services described in paragraph (4) of this section and in § 813 of this title, rendered by persons covered by the provisions of § 218(d)(3)(c) of the Federal Social Security Act, and it shall specify that the service rendered by such persons will continue to be covered by the agreement, even though in the future said persons may be eligible for membership in any retirement system.
(6) Depending upon whatever modifications it may be the object of, the agreement shall include all the services described in paragraph (4) of this section and in § 813 of this title, rendered by persons holding positions covered by any retirement system regarding which the Governor issues a certificate to the Secretary of Health, Education and Welfare, pursuant to the provisions of § 816a of this title. The Governor is hereby empowered to appoint, whenever he deems it necessary, a government officer or official with the purpose of issuing and signing the certificates provided by §§ 218(d)(3) and 218(d)(7) of the Federal Social Security Act.
History —May 12, 1952, No. 396, p. 788, § 3; Nov. 18, 1953, No. 4, p. 8; June 25, 1955, No. 102, p. 538, § 1; June 26, 1958, No. 118, p. 284; June 14, 1961, No. 57, p. 110, § 1.