reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter I - General Provisions and Definitions (§§ 9231 — 9234) › § 9231 - Definitions

The following terms shall have the meaning stated below:
(a) GDB.— Means the Government Development Bank for Puerto Rico, or any successor entity that carries out the same duties of said entity after the effective date of this act.
(b) Public corporation.— Means any entity created by the laws of the Commonwealth as a public corporation of the Commonwealth of Puerto Rico.
(c) Compliance with the budget.— Shall have the meaning set forth in § 9250(c) of this title.
(d) Projected deficit.— Shall have the meaning set forth in § 9251 of this title.
(e) Supervised entity.— Shall mean any public entity, regardless of whether it is partially or totally funded with the Budget of the Commonwealth and public corporation of the Commonwealth of Puerto Rico. Provided, That it shall not include the Judicial Branch, the Legislative Assembly and the agencies thereof, the Office of the Comptroller, the Puerto Rico Government Ethics Office, the Office of the Special Independent Prosecutor’s Panel, the Electric Power Authority, or the Aqueduct and Sewer Authority.
(f) Working group.— Means the Working Group of the Executive Branch designated by the Governor.
(g) Treasury.— Means the Department of the Treasury of the Commonwealth of Puerto Rico.
(h) Board.— Means the Fiscal Oversight and Economic Recovery Board created in § 9241 of this title.
(i) Act.— Means the Puerto Rico Fiscal Oversight and Economic Recovery Organic Act.
(j) Non-budgetary measure.— Means any measure included in the Fiscal and Economic Growth Plan other than a measure to increase or reduce expenses or income.
(k) OMB.— Means the Office of Management and Budget of the Commonwealth of Puerto Rico.
(l) Fiscal and economic growth plan or plan.— Means the Fiscal and Economic Growth Plan approved by the Governor by means of an Executive Order in accordance with this chapter.
(m) Budget of the Commonwealth.— Means the operating expenses budget, special appropriations, capital expenditures, and other appropriations for any fiscal year approved by the Legislative Assembly in accordance with one or more appropriation laws or Joint Resolutions.
(n) Budget control reserve.— Reserved funds of supervised entities in the Budget of the Commonwealth of Puerto Rico that represent 2.5% of the total operating expenses appropriations and special appropriations, which shall not be available for expenditures but rather transferred to an account under the custody of the Office of Management and Budget to be released in accordance with this chapter.
History —Dec. 8, 2015, No. 208, § 102.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter I - General Provisions and Definitions (§§ 9231 — 9234) › § 9232 - Declaration of public policy

It is the public policy of this Legislative Assembly to promote structural reforms for the purpose of reestablishing the economic growth and competitiveness of the Commonwealth of Puerto Rico, as well as to close fiscal gaps and reduce the debt burden of supervised entities to sustainable levels and restore Puerto Rico’s institutional credibility by optimizing budget formulation and execution and information transparency.
This chapter shall be interpreted consistently with the Constitution of the United States, the Constitution of the Commonwealth and the powers vested in the Governor and the Legislative Assembly thereunder.
History —Dec. 8, 2015, No. 208, § 103.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter I - General Provisions and Definitions (§§ 9231 — 9234) › § 9233 - Applicability of other laws

None of the provisions of this chapter shall prevent a supervised entity from filing a petition for relief under Title 11 of the United States Code insofar as such agency is authorized therefor according to the applicable law.
Nothing in this chapter shall prevent a supervised entity from seeking statutory protections regarding compliance with debt and economic recovery insofar as such agency is eligible to do so.
History —Dec. 8, 2015, No. 208, § 104.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter I - General Provisions and Definitions (§§ 9231 — 9234) › § 9234 - Immunity and fiduciary duties

The members of the Board shall not be held personally liable for an act done or omitted by them in good faith, in their capacity and within their authority, absent clear and convincing evidence of gross negligence involving reckless disregard of, and failure to perform their duties. Any civil action brought in any court against the members of the Board for gross negligence shall be dismissed with prejudice if the defendant produces documents showing such defendant was advised of relevant facts, participated in person or by phone, and deliberated in good faith or received and relied on the advice of experts in respect of whatever acts or omissions from the basis of the complaint.
All actions of the Board and the members thereof shall be governed by the highest standards of loyalty, trust, care, competence, and diligence in benefit of taxpayers and the constituents of the Commonwealth of Puerto Rico. The members of the Board shall not represent any creditor or interests other than those of taxpayers and the constituents of the Commonwealth of Puerto Rico.
History —Dec. 8, 2015, No. 208, § 105.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter II - Puerto Rico Fiscal Oversight and Economic Recovery Board (§§ 9241 — 9251) › § 9241 - Creation of the Board and general provisions

(a) Creation.— The Puerto Rico Fiscal Oversight and Economic Recovery Board is hereby created, established as a government instrumentality with juridical personality, as well as fiscal and administrative autonomy. The Board shall not be empowered to issue debt and shall operate with full independence and capacity to operate continuously, and shall be extinguished at 11:59 PM on the fifth anniversary of the date on which the Governor approves the Fiscal and Economic Recovery [sic] Plan.
(b) Exclusion of certain laws.— In order to promote its administrative independence, which is essential to carry out its critical duties entrusted herein, the Board shall be excluded from the application of the following laws:
(1) Sections 1461 et seq. of this title, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”;
(2) Sections 1451 et seq. of this title, known as the “Puerto Rico Public Service Labor Relation Act”;
(3) Sections 8161—8166 of this title, known as the “Act for Regulating Certain Government Financing and Personal Property Leasing Contracts”;
(4) Sections 101 et seq. of Title 23, known as the “Office of Management and Budget Organic Act”;
(5) Sections 2101 et seq. of this title, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”;
(6) Sections 971 et seq. of this title, known as the “Puerto Rico Institute of Statistics Act”;
(7) Sections 1858—1858i of this title, known as the “Puerto Rico Government Ethics Act of 2011”; and
(8) Sections 99h—99aa of this title, known as the “Special Independent Prosecutor’s Act”.
(c) Supervision.— In accordance with this chapter, the Board shall have the authority to certify that each supervised entity meets the objectives of the Plan.
History —Dec. 8, 2015, No. 208, § 201.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter II - Puerto Rico Fiscal Oversight and Economic Recovery Board (§§ 9241 — 9251) › § 9243 - Operations of the Board

(a) Beginning of operations.— As soon as possible, after the appointment of all members, the Board shall approve, by an affirmative vote of at least three (3) members, the bylaws, rules, and procedures that shall govern its activities under this chapter, including, but not limited to, rules applicable to the filing of documents and reports with the Board and the holding of meetings and hearings. Said bylaws, rules, and procedures shall be public documents.
(b) Activities requiring the approval of a majority of members.— Under the regulations adopted in accordance with subsection (a) of this section, the Board may carry out its duties in accordance with those procedures it deems appropriate; Provided, That the affirmative vote of three (3) members of the Board shall be necessary for the Board to:
(1) Endorse the Fiscal and Economic Growth Plan in accordance with this chapter;
(2) Certify compliance or noncompliance with the budget in accordance with this chapter;
(3) Issue a notice of noncompliance, a preliminary finding of noncompliance, or a finding of noncompliance under this chapter;
(4) Withdraw a notice of noncompliance, a preliminary finding of noncompliance, or a finding of noncompliance under § 9250 of this title;
(5) Appoint an executive director; and
(6) Exercise its power to open and administer bank accounts.
(c) Approval of rules and bylaws.— The Board may incorporate in its bylaws, rules and procedures adopted under this subsection, any rules and regulations it deems appropriate to operate under this chapter with the highest degree of independence possible.
(d) Meetings open to the public required.— Notwithstanding any applicable Commonwealth law, including §§ 9081—9088 of this title, the Board shall establish its own rules to determine when its meetings shall be open to the public, but shall keep the records of all official business of the Board available to the public at all times.
History —Dec. 8, 2015, No. 208, § 203.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter II - Puerto Rico Fiscal Oversight and Economic Recovery Board (§§ 9241 — 9251) › § 9244 - Procedure to terminate the fiscal oversight authority of the Board over a public corporation

(a) The fiscal oversight authority of the Board over a public Corporation shall terminate if such public corporation requests to be excluded from the fiscal oversight authority of the Board and the Board authorizes such exclusion; Provided, That the Board shall authorize such exclusion only if:
(1) Said public corporation has not received funds from another supervised entity to make up budget deficits in the last three (3) fiscal years, as determined by the Board;
(2) the revenues of said public corporation do not include the proceeds of taxes assigned by the Commonwealth to said public corporation; and
(3) the Board determines that granting such request does not poses a material risk to achieve the objectives of the Fiscal and Economic Growth Plan.
(b) The Board may reestablish its fiscal oversight authority over a public corporation after such authority has been terminated under this section, if the Board determines that any of the conditions identified in subsection (a) of this section are no longer met. A public corporation may request to be excluded from the fiscal oversight authority of the Board after such fiscal authority has been reestablished in accordance with this subsection.
History —Dec. 8, 2015, No. 208, § 204.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter II - Puerto Rico Fiscal Oversight and Economic Recovery Board (§§ 9241 — 9251) › § 9245 - Board personnel and professionals

(a) Executive director.— The Board shall have an Executive Director selected by the members of the Board. The Executive Director shall be appointed for a period of time to be determined by the Board and shall earn a compensation as determined by the Board. The Executive Director shall be knowledgeable in the operations of the Commonwealth of Puerto Rico.
(b) Personnel.— With the approval of the Board, the Executive Director may appoint and fix the compensation of any additional personnel deemed appropriate by the Executive Director; Provided, That no person appointed by the Executive Director shall receive a compensation higher than that of the Executive Director.
(c) Collaboration with the Board.— The Board may request the GDB, the Department of the Treasury, the OMB, the Department of Economic Development and Commerce of Puerto Rico, the Institute of Statistics, the Planning Board and any other agency, department or instrumentality of the Commonwealth of Puerto Rico, the administrative support as well as statistical and professional services reasonably necessary to fulfill its responsibilities under this section. To the extent possible, the Board shall make reimbursements for such services.
(d) Professionals.— The executive director may hire professionals, including legal and financial advisors, as well as economists, under reasonable terms and as determined by the Board to assist him/her in the performance of his/her duties.
History —Dec. 8, 2015, No. 208, § 205.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter II - Puerto Rico Fiscal Oversight and Economic Recovery Board (§§ 9241 — 9251) › § 9246 - Powers of the Board

(a) Hearings and sessions.— To comply with this chapter, the Board may hold hearings at any time or place, take testimony, and receive the evidence it deems appropriate. The Board may administer oaths or take statements of witnesses appearing before it.
(b) Request and receipt of information.— The Board shall be empowered to require, inspect, examine, and obtain a copy of any records, documents, information or data from any supervised entity and shall have access to any information, including systems, records, documents, information or data that the Board deems necessary to fulfill its responsibilities under this chapter, subject to any applicable constitutional or statutory right or privilege.
(c) Authority to issue summons.— The Board shall issue summons to require the attendance and testimony of witnesses, as well as the production of any evidence to gather information related to any matter under its jurisdiction. If any person refuses to obey any summons issued by the Board, the Board may apply to the Court of First Instance for an order to compel such person to appear before the Board to testify, produce evidence, or both, in relation to the issue under its consideration. Requests shall be notified in the same manner as they would be notified under the applicable rules of civil procedure.
The Board shall promulgate rules to protect the confidentiality of the information and documents it receives in accordance with the laws and case law in effect in the Commonwealth of Puerto Rico in matters related thereto. The act of furnishing information or documents as requested by the Board shall not be construed as a waiver to the right to file a confidentiality claim by any natural or juridical person with respect to the information or the document thus furnished.
(d) Authority to execute contracts.— The Executive Director may execute any contracts he/she deems appropriate on behalf of the Board, subject to the approval of the Board, to fulfill the responsibilities entrusted to the Board under this chapter. All members of the Board shall be notified of any contract executed by the Board.
(e) Penalties.— In addition to the penalties established in other laws, in the case of default or refusal to obey a valid order issued by the Board, any part of the Court of First Instance of Puerto Rico shall issue an order to the person who refused or failed to comply with an summons of the Board, compelling him/her to appear before the Board or to comply with such order. Said person shall be guilty of contempt if he/she fails to obey the court order.
History —Dec. 8, 2015, No. 208, § 206.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 118 - Puerto Rico Fiscal Oversight and Economic Recovery Organic Act (§§ 9231 — 9251) › Subchapter II - Puerto Rico Fiscal Oversight and Economic Recovery Board (§§ 9241 — 9251) › § 9247 - Budget of the Board

(a) Recurring appropriation.— On or before the fifth (5th) day of each month, the Secretary of the Treasury shall transfer one-twelfth of the budget approved by the Board, including any part of its budget nurturing from nonrefundable services to other government entities and public corporations to defray operating expenses such as the compensation of its members, personnel expenses, professional and advisory services, as well as insurance and other services to be provided by, to, or on behalf of the Board. This appropriation shall be considered a monthly recurring appropriation for the Secretary of the Treasury to make the transfer. Provided That, the first transfer shall be made on or within ten (10) days after the Board selects its Chairperson. The Board shall submit to the Office of Management and Budget an operating budget that includes the expenses for the remaining months of fiscal year 2015-2016, during which it shall be operating. After submitting the operating budget, the Secretary of the Treasury and the Director of the Office of Management and Budget are hereby authorized to identify the sources of funds needed to cover said budget. Beginning in Fiscal Year 2016-2017, and while the Board continues operating in accordance with the provisions of this chapter, the Board shall submit, as part of the budget evaluation process, directly to the Legislative Assembly, a request for the funds needed to carry out its duties. Said request shall be evaluated and be part of the Budget approved by the Legislative Assembly.
(b) Report.— The Board shall file with the Legislative Assembly and the OMB within the first ninety (90) days of each fiscal year, a report including expenses incurred during the preceding fiscal year as well as the estimated expenses of the Board including, but not limited to, the compensation of its members, personnel expenses, professional and advisory services, as well as insurance and other services to be provided by, to, or on behalf of the Board.
(c) Surplus.— In the event that the amounts transferred to the Board in any fiscal year under subsections (a) or (b) of this section exceed the expenses incurred by the Board during such fiscal year, the Board shall transfer such excess to the Secretary of the Treasury to be deposited in the General Fund.
History —Dec. 8, 2015, No. 208, § 207.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 119 - Voluntary Pre-Retirement Program Act (§§ 9261 — 9271) › § 9262 - Creation of the Voluntary Pre-Retirement Program

The Voluntary Pre-Retirement Program is hereby created to offer a pre-retirement opportunity to Commonwealth of Puerto Rico employees who enrolled in the Retirement System before April 1st, 1990, or who began working in the Commonwealth of Puerto Rico before that date and were unable to contribute to the Retirement System due to their job status, but subsequently paid those previous years of service so that these could be credited retroactively to a date prior to April 1st, 1990, or those employees who opted out of the Retirement Savings Account Program and have at least twenty (20) years of credited services under the benefit structure provided in §§ 761 et seq. of this title. This Program was created for the purpose of achieving significant savings in government expenditures on account of payroll and fringe benefits, as well as carrying out an organizational and systematic turnaround that will allow for the allocation of resources to maximize services offered by the Commonwealth of Puerto Rico.
The implementation of the Voluntary Pre-Retirement Program shall be carried out in strict compliance with all labor laws, collective bargaining agreements in effect, the Merit Principle, the legal provisions prohibiting political discrimination, and the vested rights of public employees. The option of an employee to avail him/herself of the Voluntary Pre-Retirement Program shall not disqualify him/her from receiving any fringe benefits to which he/she may have been entitled upon retirement by virtue of a collective bargaining agreement or any other type of agreement negotiated with his/her employer, and shall receive the same once his/her participation in the Program ends and he/she becomes a retiree, unless the employer decides, pursuant to the Pre-Retirement Employer Plan, to pay the retirement benefit in advance. All of the foregoing shall be subject to the provisions of §§ 9101 et seq. of this title.
Notice This section has more than one version with varying effective dates. First of two versions of this section.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 119 - Voluntary Pre-Retirement Program Act (§§ 9261 — 9271) › § 9263 - Employer eligibility to participate in the Program

Every agency or municipality shall conduct and submit to the OMB, within a term not to exceed sixty (60) days after the effective date of this act, a Voluntary Pre-Retirement Program implementation assessment. The agency or municipality may request free of charge the technical assistance of the OMB, as well as the advice of the Central Labor Advisory and Human Resources Administration Office (OCALARH, Spanish acronym) to conduct said assessment. If the assessment suggests that participation in the Program would result in savings in the average payroll and fringe benefit expenses of such agency, the employer shall devise the Pre-Retirement Employer Plan.
The agency or municipality that wishes to participate in the Program must be up-to-date with any payments corresponding to the Retirement System Administration. In the event of any outstanding debt with the Retirement System Administration, the agency or municipality shall be required to enter into a payment plan in accordance with the terms and conditions established by the Retirement System Administration and shall include in the Plan that it would devote at least twenty-five percent (25%) of its savings for the payment of said debt.
Notice This section has more than one version with varying effective dates. First of two versions of this section.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 119 - Voluntary Pre-Retirement Program Act (§§ 9261 — 9271) › § 9264 - Employees eligible for the Voluntary Pre-Retirement Program

(a) Any person who works for the Commonwealth shall be deemed to be eligible for the Voluntary Pre-Retirement Program, if he/she meets the following requirements:
(1) To be a career employee, a trust employee entitled to be reinstated to a career position, or an employee appointed for a specific term in accordance with a law, such as the case of advocates, prosecutors, commissioners, etc.; provided, that the participant attains age sixty-one (61) before the date of expiration of his/her current term in order to retire;
(2) To have enrolled in the Retirement System before April 1 st, 1990, or have begun working as a transitory or irregular employee for the Commonwealth of Puerto Rico before such date and were unable to contribute to the Retirement System due to his/her job status, but was subsequently appointed in the career service under Act No. 1 of February 16, 1990, and has paid those previous years of service on or before June 30, 2013, in order to accumulate years of credited service retroactively to a date prior to April 1 st, 1990; have not requested the reimbursement of his/her contributions or opted out of the Retirement Savings Account Program;
(3) As of the date on which enrollment in the Pre-Retirement Program is requested, to have contributed or paid to the Retirement System at least twenty (20) years of credited services; and
(4) Have not met the requirements to be eligible for retirement under §§ 761 et seq. of this title, on or before the effective date to enroll in the Voluntary Pre-Retirement Program; Provided, That high risk public servants, as such term is defined in §§ 761 et seq. of this title, who qualify for retirement and employees whose optional retirement age is 61 years or less by virtue of subsection (a)(1) of § 787c of this title, may enroll in the Program until they reach 61 years of age.
(b) Commonwealth employees holding elective offices or discharging the duties as Appointing Authority as of the effective date of enrollment in the Program shall not be eligible to participate in the Program, unless they are entitled to be reinstated to a career position and are reinstated to such career position before the effective date of enrollment in the Program. Likewise, employees participating in other independent retirement systems, such as teachers, judges, and employees of the Electric Power Authority shall not be eligible to participate in the Program;
(c) The provisions of this chapter shall be extensive also to those employees who as of the effective date of this act are on any type of leave by virtue of the applicable regulations of the agencies and municipalities, collective bargaining agreements, or statutes, except in the case of persons on leave without pay.
History —Dec. 8, 2015, No. 211, § 5; Aug. 9, 2016, No. 170, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 119 - Voluntary Pre-Retirement Program Act (§§ 9261 — 9271) › § 9266 - Obligations and duties of the agency or municipality

The agency or municipality shall have the following obligations at the time a Pre-retiree enrolls in the Program:
(a) To ensure that any person who enrolls in the Program meets the requirements of § 9264 of this title.
(b) Once a pre-retiree enrolls in the Program and during his/her participation in the same, the agency or municipality commits to:
(1) Pay to every pre-retiree sixty percent (60%) of their average compensation as of December 31st, 2015, including the contributions to the Social Security and Medicare (except in the case of employees who were not contributing to Social Security prior to enrolling in the Pre-Retirement Program);
(2) make the corresponding employer and individual contributions to the Retirement System, on the basis of one hundred percent (100%) of their average compensation as of December 31st, 2015;
(3) keep pre-retirees in the health insurance plan or pay the corresponding employer contributions to the pre-retirees health insurance plans, according to the benefit enjoyed by them at the time of enrolling in the Pre-Retirement Program, for a term of two (2) years, as of their enrollment date, or until they enter the Retirement System, or until they are eligible to receive health insurance coverage in another employment, or by any other source of coverage, whichever comes first;
(4) stop making contributions to the Unemployment Insurance of the Department of Labor and Human Resources and the State Insurance Fund corresponding to the employee from his/her enrollment in the Program; and
(5) payout of unused vacation and sick leaves corresponding to each participant, in accordance with the limits established in the applicable legislation or regulations, on or before one hundred eighty (180) days after the participant’s enrollment date.
History —Dec. 8, 2015, No. 211, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 119 - Voluntary Pre-Retirement Program Act (§§ 9261 — 9271) › § 9268 - Irrevocability of election to participate in the Program

Any election of an employee to participate in the Program shall be final and irrevocable and constitute a full and absolute release, and a waiver of any right to an actual or potential claim, based on: (a) the work relation or termination thereof, under any applicable law, or (b) the actions, if any, that may be taken as a result of the implementation of the Program. This waiver of rights shall have the effect of fully settling, any action or right, actual or potential, known or unknown, that the employee has, may have, or has had relating to his/he employment and/or separation therefrom. The effect of this release and the corresponding waiver of rights shall be deemed to be res judicata.
The form used for the implementation of the Program shall contain a warning statement to the Participant in readily legible and in bold type that his/her election to participate in the Program shall be final and irrevocable and constitutes a full and absolute release and a waiver of rights of any claim he/she may have for past, present or future actions, based on the employer-employee relationship, in accordance with the labor laws of Puerto Rico.
History —Dec. 8, 2015, No. 211, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 119 - Voluntary Pre-Retirement Program Act (§§ 9261 — 9271) › § 9269 - Retention of employee eligible for the program

Agencies and municipalities reserve the right to retain in their position any eligible employees that request to enroll in the Voluntary Pre-Retirement Program for a term not to exceed six (6) months, subject to an additional six (6)-month extension with the approval of the OMB, for the purpose of completing a job, task, duty, or providing training. In these cases, the employee shall not be entitled to receive the Program’s benefits during the time the agency or municipality deems convenient to use his/her services. The agency or municipality may compute the savings achieved by the enrollment of said employee in the Program once the retention period concludes. All other employees who enroll in the Voluntary Pre-Retirement Program shall do so immediately in accordance with the terms of this chapter.
History —Dec. 8, 2015, No. 211, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 119 - Voluntary Pre-Retirement Program Act (§§ 9261 — 9271) › § 9270 - Limitation on the services rendered by the pre-retiree to the Government

Any person who avails him/herself of the benefits of the Voluntary Pre-Retirement Program shall neither render services nor be hired by any agency or municipality while he/she is participating in the Program. Once the employee enters the System, he/she may render services to government agencies, public corporations, or municipalities in accordance with the requirements established in §§ 761 et seq. of this title, as well as in §§ 1854 et seq. of this title, known as the “Puerto Rico Government Ethics Act of 2011”. Agencies or municipalities that opt for participating in the Program shall send to the Central Labor Advisory and Human Resources Administration Office (OCALARH, Spanish acronym) a list of persons enrolled in the same and who, consequently, shall be impaired, while they participate in the Program, from being hired in an agency or municipality as a career, trust, transitory, irregular employee, or under any other classification or as an independent contractor.
The election form to participate in the Program shall contain a warning statement in bold type regarding the participants” inability to reenter public service until their participation in the Voluntary Pre-Retirement Program concludes.
History —Dec. 8, 2015, No. 211, § 11; Aug. 9, 2016, No. 170, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter I - General Provisions (§§ 9281 — 9288) › § 9281 - Short title

This chapter shall be known and may be cited as the “Puerto Rico Emergency Moratorium and Rehabilitation Act”.
History —Apr. 6, 2016, No. 21, § 101.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter I - General Provisions (§§ 9281 — 9288) › § 9284 - Relation to constitutional provisions; supremacy over other laws

This chapter has been enacted pursuant to and in accordance with the police powers of the Commonwealth of Puerto Rico. In the event that the provisions of this chapter are in conflict with the provisions of any other law, the provisions of this chapter shall prevail.
History —Apr. 6, 2016, No. 21, § 104.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter I - General Provisions (§§ 9281 — 9288) › § 9287 - Language conflict

This chapter shall be adopted both in English and Spanish. If in the interpretation or application of this chapter any conflict arises as between the English and Spanish texts, the English text shall govern.
History —Apr. 6, 2016, No. 21, § 107.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter I - General Provisions (§§ 9281 — 9288) › § 9288 - Prioritization of essential services

It is the Legislative Assembly’s finding that, given the Commonwealth’s ongoing fiscal crisis, during this extraordinary emergency period the Government should prioritize the payment of essential services over debt service not only to provide for the health, safety and welfare of the residents of the Commonwealth but also to avoid a further economic downturn and fiscal and humanitarian crisis that would ultimately materially worsen the creditor’s recovery on their Puerto Rico bonds.
History —Apr. 6, 2016, No. 21, § 108.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter II - Moratorium for Government Entities (§§ 9291 — 9296) › § 9295 - Statute of limitations not to run during emergency period for government entity

Any action that, but for the enactment of this chapter, would have been maintainable against a government entity at any time during the emergency period for such government entity shall not be barred by any provision of Puerto Rico law, nor by any defense of laches, during the period of one year after the expiration of the emergency period. This section shall not be construed to shorten the period within which any such action may be commenced.
History —Apr. 6, 2016, No. 21, § 205.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter II - Moratorium for Government Entities (§§ 9291 — 9296) › § 9296 - Issuance by a government entity of evidence of indebtedness

Nothing contained in this chapter shall be construed as prohibiting or preventing any government entity, whether or not an emergency period has been declared, from issuing to consenting holders of any covered obligation any debt instrument or other evidence of indebtedness, in payment, renewal or refunding of or in exchange for such consenting holder’s covered obligation, on terms that otherwise comply with this Act and any other applicable law.
History —Apr. 6, 2016, No. 21, § 206.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9301 - Establishment

There is hereby created the Puerto Rico Fiscal Agency and Financial Advisory Authority, which is established as an independent public corporation and governmental instrumentality with separate legal existence, fiscal and administrative autonomy, and independence from the Commonwealth.
History —Apr. 6, 2016, No. 21, § 601; July 12, 2016, No. 68, sec. 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9304 - Executive Director

(a) The Authority shall operate under the direction of an Executive Director, who shall be appointed by the Governor; Provided, That, if the Board is composed of only one member, said member shall also serve as Executive Director of the Authority. During any period in which the Executive Director is the sole member of the Board of the Authority, the Governor shall establish his duties and powers in accordance with the provisions of this chapter and shall establish his or her compensation.
(b) Without it being understood as a limitation, the duties of the Executive Director shall include the following:
(1) To be the chief executive officer of the Authority;
(2) to draft and submit to the Board the Authority’s work plan and annual budget;
(3) to approve and monitor any contract necessary for the functioning of the Authority subject to the rules established by the Board;
(4) to establish, organize, direct and supervise the Authority’s administrative structure;
(5) to hire personnel and professional persons, including legal advisors, financial advisors, and economists, on reasonable terms and as determined by the Authority, to assist the Executive Director in the performance of the Authority’s duties;
(6) to establish the functional levels of the Authority’s operations, including the power to recruit and contract any of the officers and employees under his or her supervision, subject to the standards established by the Board; and
(7) to perform all those other functions assigned to him or her by the Board.
History —Apr. 6, 2016, No. 21, § 604; July 12, 2016, No. 68, § 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9305 - Officers and employees

(a) The Authority’s personnel are hereby exempted from the provisions of §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”. All appointments, severances, promotions, transfers, lay offs, replacements, suspensions, leaves and changes in classification, remuneration or title of the officers and employees of the Authority shall be executed and authorized pursuant to the standards and regulations prescribed by the Board, which must conform to the merit principles established in the Puerto Rico Public Service Personnel Act.
(b) The Authority’s Executive Director and the officers and employees shall be entitled to reimbursement for all necessary travel expenses, or to the corresponding per diems, which may be authorized or approved in accordance with the regulations adopted by the Board for the Authority.
History —Apr. 6, 2016, No. 21, § 605; July 12, 2016, No. 68, § 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9306 - Immunities

In the absence of clear and convincing evidence of gross negligence involving a reckless disregard of their duties or failure to carry them out, members of the Board, officers and employees of the Authority shall not be subject to personal civil responsibility towards any person and shall be compensated by the Authority and exonerated from civil liability for acts or omissions in good faith, in their capacity and within their authority. Any civil action brought before a court that alleges the existence of gross negligence must be dismissed with prejudice if the defendant produces documents showing that he or she received information about the relevant facts, participated in person or by phone and deliberated in good faith or received and relied on expert advice regarding any act or omission which is the basis for the lawsuit.
History —Apr. 6, 2016, No. 21, § 606; July 12, 2016, No. 68, § 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9307 - Collaboration among government entities

The Authority may request any of the following entities or any successor thereof to provide administrative support and such statistical and professional services reasonably necessary for the Authority to carry out its responsibilities under this chapter: GDB, the Department of the Treasury, the Office of Management and Budget, the Puerto Rico Department of Economic Development and Commerce, the Institute of Statistics and any other instrumentality of the Commonwealth. To the extent possible, the Authority shall reimburse these entities for such services.
History —Apr. 6, 2016, No. 21, § 607; July 12, 2016, No. 68, § 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9308 - Exemption from certain laws

To preserve its administrative independence, which is essential in order for it to carry out the responsibilities granted hereunder, the Authority shall be exempt from the application of the provisions and laws listed in clauses (1) through (7) of subsection (a) of § 9286 of this title and from the application of the provisions and laws from which GDB is currently exempt.
History —Apr. 6, 2016, No. 21, § 608; July 12, 2016, No. 68, § 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9309 - Bank employees

To the extent the Authority determines, in its discretion, to assume all or some of the permanent, temporary and/or non-union employees of GDB, such employees shall become employees of the Authority. This transfer of employees shall be effectuated while honoring the terms and conditions of employment effective as of the transfer to the Authority, including the rights, privileges, obligations and seniority, acquired pursuant to applicable laws and current personnel regulations, subject to the modifications contained in § 9101 et seq. of this title while it remains effective. None of the provisions of this subchapter shall affect the constitutional right to collective bargaining enjoyed by the employees of GDB, nor the vested rights, benefits and privileges, by virtue of any collective bargaining agreements. Rights with regard to any pension or retirement system to which they may be affiliated or members of on the effective date of this act shall also be guaranteed. The Authority shall be obligated to satisfy to all employees any of their salaries, wages, commissions, including payments related to vacations, allowances and sick leaves or other employment benefits acquired prior to the transfer to the Authority, in accordance with GDB’s employment policies or applicable law.
History —Apr. 6, 2016, No. 21, § 609; July 12, 2016, No. 68, § 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9310 - Continued effectiveness of prior GDB approvals in relation to bonds or similar obligations

Any resolution adopted by GDB prior to the effective date of the creation of the Authority and that approves the terms or the issue of any bonds or similar obligations or transaction of the Commonwealth or any “unit” of the Government of the Commonwealth (as defined in §§ 581 et seq. of Title 7) and of any municipality, shall be valid and shall remain in full force and effect notwithstanding the enactment of this chapter or the assumption by the Authority of those powers and responsibilities that are granted to it under this chapter, and it shall not be necessary for the Authority to adopt a resolution approving anew the terms or the issue of such bonds or similar obligations or transaction, notwithstanding that such bonds or similar obligations be issued, or such transaction be completed, after the effective date of creation of the Authority.
History —Apr. 6, 2016, No. 21, § 610; July 12, 2016, No. 68, § 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 120 - Puerto Rico Emergency Moratorium and Rehabilitation Act (§§ 9281 — 9311) › Subchapter III - Puerto Rico Fiscal Agency and Financial Advisory Authority (§§ 9301 — 9311) › § 9311 - Existence

The Authority shall exist in perpetuity, unless terminated by subsequent legislation.
History —July 12, 2016, No. 68, § 1.18.
2023 Laws of Puerto Rico › TITLE THREE - Executive Appendix (§§ 1 — 7A) › I - General Services Administration › § III. - Department of the Treasury

The following functions and activities of the Department of the Treasury are hereby transferred to the General Services Administration:
1. The functions of the Procurement and Supply Services. The General Services Administrator shall substitute the Secretary of the Treasury in the boards created by the Procurement and Supply Act and there are hereby transferred to the General Services Administrator the powers and functions in said boards pertaining to the Secretary of the Treasury.
2. The powers and functions of the Secretary of the Treasury to receive properties donated by the Government of the United States and for their custody and distribution.
2023 Laws of Puerto Rico › TITLE THREE - Executive Appendix (§§ 1 — 7A) › I - General Services Administration › § V. - Office of the Governor and Bureau of the Budget

The following functions and activities are hereby transferred to the General Services Administration:
1. The Governor’s responsibility for the administration of the Program for the Preservation and Disposal of Public Documents in the Executive Branch and the function of the Bureau of the Budget regarding advice on the administration of the records.
2. The power of the Governor to authorize the lease of office space and the technical aid which the Bureau of the Budget renders to the agencies on such leases.
2023 Laws of Puerto Rico › TITLE THREE - Executive Appendix (§§ 1 — 7A) › I - General Services Administration › § VIII. - Functions of the Administration

The functions of the General Services Administration under the provisions of this reorganization plan shall be discharged by the Administrator, or under his direction and control, by officers, agencies or employees which he may designate, except the function of approving rules and regulations which he shall not delegate to others.
2023 Laws of Puerto Rico › TITLE THREE - Executive Appendix (§§ 1 — 7A) › I - General Services Administration › § IX. - Transfer of records, property, personnel, funds and other resources

There are hereby transferred to the General Services Administration to be used, employed or expended in connection with the functions or agencies transferred by this reorganization plan, the records and the properties now in use in connection with said functions or agencies, the personnel now employed in such functions or agencies, the appropriations, funds and other resources now available or which may be available to be used in connection with such functions or agencies.
2023 Laws of Puerto Rico › TITLE THREE - Executive Appendix (§§ 1 — 7A) › I - General Services Administration › § XII. - Effectiveness; transitory measures

The provisions of this reorganization plan shall take effect January 2, 1973. On this plan taking effect the Governor is hereby authorized to adopt transitory measures and to make the necessary decisions for the purpose of implementing its provisions without the interruption of administrative proceedings, works and activities in connection with said transferred functions.