2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8901 - Authorization for excluded public corporations and agencies

Public corporations that operate with their own resources and the agencies excluded under the definition of § 8881(b) of this title may implement a program similar to that provided herein, upon previous authorization of their Boards of Directors or Governing Bodies and approval by the Administrator. The economic impact of implementing the Program determined by the corresponding Retirement System Administrator shall be defrayed with the resources of such corporations or agencies. In these cases, a previous certification of the Board of Directors or governing body shall be necessary, to be ratified by the Office of Management and Budget, stating that the participation of employees in the Program shall not require hiring new employees within the next five (5) years or that such position may be filled by transferring other employees from the same agency or corporation.
Any employee of an excluded public corporation or agency under the definition of agency in § 8881(b) of this title who avails him/herself of an approved program, shall be ineligible to re-enter the public service as a trust, career, provisional or irregular employee in any entity of the Government of Puerto Rico for a term of five (5) years as of the date of effectiveness of the choice to participate in the Program. Employees of excluded public corporations or agencies who avail themselves of an incentivized early retirement program similar to that provided in § 8883(b) of this title and approved by the Administrator and who wish to re-enter the public service after the five (5) -year term has elapsed with an employer that is a member of the Government Employees Retirement System, shall cease to receive the pension granted under this chapter upon their re-entry and may participate in the Retirement Savings Account Program established through Act No. 305 of September 24, 1999, as amended; Provided, That the pension granted under this chapter shall be reestablished upon their separation from the public service and that they may receive any benefits to which they are entitled, pursuant to the applicable norms of the Retirement Savings Account Program. In the event that such employees reenter the public service with an employer that is a member of the Teacher’s Retirement System, after the five (5) -year term provided herein elapses, they shall cease to receive the pension granted under this chapter upon their re-entry and may make contributions to the Teacher’s Retirement System; Provided, That the pension granted under this chapter shall be reestablished upon their separation from the public service and that they may receive any supplemental pension benefits to which they are entitled, pursuant to the applicable norms of the Teacher’s Retirement System.
Employees who avail themselves of a retirement program authorized by the Administrator similar to that established in § 8883(c) of this title and who wish to in re-enter the public service after the five (5)-year term elapses, shall re-enter the Government Employees Retirement System, as provided in §§ 761 et seq. of this title, or the Teacher’s Retirement System, as provided in §§ 391 et seq. of Title 18, or the corresponding retirement system and shall comply with the applicable legal provisions regarding the re-entry in the public service.
In the case of employees of excluded public corporations and agencies who avail themselves of the benefits of an early retirement under an approved program similar to that established in § 8883(b) of this title, such public excluded corporations and agencies shall pay the pension provided in said section as well as the corresponding employer and individual contributions to the Retirement System until the participant has attained thirty (30) years of creditable service and the age required under the applicable retirement plan, in order to avail him/herself of the retirement benefit. After such applicable period according to the corresponding retirement plan, the pension shall be paid by the corresponding retirement system. If under their Program, they opt for what is established in § 8883(c) of this title, such corporations and agencies shall be responsible for paying to the Retirement System the individual and employer contributions of employees who opted for the program for a term of five (5) years.
Excluded public corporation and agency programs shall comply with the opting period as defined in § 8881 of this title.
History —July 2, 2010, No. 70, § 22.