2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 84A - Voluntary Early Retirement Program for Employees of the Environmental Quality Board of Puerto Rico (§§ 7051 — 7063) › § 7052 - Pension; essential operations

Any employee who meets the requirements of § 7051 of this title and has completed twenty-five (25) or more years of creditable service, but has not reached the age of fifty (50), shall be entitled to receive a pension of sixty-five percent (65%) of his/her average compensation. Any employee who meets the requirements of § 7051 of this title, who has completed twenty-five (25) or more years of creditable service, and who is age fifty (50) or older, shall be entitled to receive a pension of seventy-five percent (75%) of his/her average compensation. Any employee who meets the requirements of § 7051 of this title and has completed thirty (30) or more years of creditable service, but is not age fifty (50) or older, shall be entitled to receive a pension of seventy-five percent (75%) of his/her average compensation. An employee shall receive one hundred percent (100%) credit for the period of military service rendered to the Armed Forces of the United States of America, if he/she had retired from the military service with an Honorable Discharge. Such employee shall pay to the Retirement System the corresponding contributions based on the salaries earned during his/her years of service with the Armed Forces in order for the military service to be credited. The average compensation shall be determined according to the date on which the employee joined the Retirement System as provided by §§ 761 et seq. of this title.
Provided that the provisions of this chapter shall not curtail the power and authority of the Environmental Quality Board of Puerto Rico of establishing special criteria and parameters to grant any additional benefit, which shall be standard for all employees availing themselves of the Program, as the Board may determine to grant as part of the Voluntary Early Retirement Program.
Provided, further, That the positions of the employees who opted for retirement shall be eliminated, except such positions that are essential for the operations of the Environmental Quality Board of Puerto Rico. It shall be understood as essential positions those whose functions are highly specialized, indispensable and essential in nature for the most effective operations of the Agency, in order to attain the public end pursued by the Enabling Act of the Environmental Quality Board of Puerto Rico, as a public entity of the Commonwealth of Puerto Rico. Essential positions shall be identified, and employees who hold them shall be notified by December 31, 2008, not later than thirty (30) days as of the approval of this act. If notice is given as provided herein, such positions shall not be deemed to be essential. Career employees of the Environmental Quality Board of Puerto Rico who express their willingness to relocate to essential positions shall be preferably considered at the time of filling such positions. The Environmental Quality Board of Puerto Rico shall train employees who apply for essential positions so that they meet the requirements of the position, provided that it is not too burdensome for the Board. In such cases in which it is required that the employees who opt for the Early Retirement Program train the personnel, the Board may hire them by means of a non-renewable contract, which shall not exceed the term of one (1) month. Except for the provisions of this section, no beneficiary who opts for the voluntary retirement plan may be contracted by another dependency, agency, municipality or government instrumentality during the five (5)-year term to be counted as of the date of separation from service. The Board shall take the administrative and operational reorganization measures that would provide for the elimination of any vacancy in a non-essential position that may arise due to such plan.
Any operational or reorganization measure shall be adopted in strict compliance with all labor laws and collective bargaining agreements in effect, covered under the Merit Principle, the legal provisions which prohibit political discrimination, and the vested rights of public officials who work at the Environmental Quality Board of Puerto Rico.
History —Aug. 9, 2008, No. 244, § 2.