reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 808 - Employer contributions of State Insurance Fund and Industrial Commission

The Manager of the State Insurance Fund is hereby directed to pay to the Employees Retirement System of the Commonwealth of Puerto Rico, during the fiscal year 1953-54 and succeeding fiscal years, chargeable to the general receipts of said Fund, the employer contributions of the State Insurance Fund and the Industrial Commission; Provided, That said contributions shall include the current services for the different years as well as the proportionate share necessary to reduce the actuarial deficit.
History —June 10, 1953, No. 57, p. 150, § 1, eff. July 1, 1953.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 810 - Agricultural Extension Service employees—Acceptance by federal government as prerequisite to waiver

The employees of the Agricultural Extension Service of the University of Puerto Rico, covered by the Government of Puerto Rico pension plan who may hereafter acquire the right to avail themselves of the federal government pension plan, may waive the former of said plans and avail themselves of the federal government plan; and in order to be able to waive connection with the Government of Puerto Rico pension plan or the pension plan of any Commonwealth Government agency or instrumentality of the University of Puerto Rico, it shall be an indispensable requisite to have filed prior to said waiver the proper application for admission to the federal government pension plan and to have been duly accepted.
History —May 3, 1951, No. 195, p. 504, § 2, eff. July 1, 1951.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 811 - Agricultural Extension Service employees—Connection with federal and Puerto Rico plans

The employees of the Agricultural Extension Service of the University of Puerto Rico, covered by the Government of Puerto Rico pension plan who, on the date this act takes effect, are entitled to avail themselves of the federal government plan or who may hereafter acquire the right to avail themselves, of said pension plan, shall retain the right to remain connected with both plans if they so desire.
History —May 3, 1951, No. 195, p. 504, § 3, eff. July 1, 1951.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 812 - Agricultural Extension Service employees—Refund

The employees of the Agricultural Extension Service of the University of Puerto Rico shall be entitled to the refund of all monies contributed by them into the pension plan they are waiving, pursuant to the laws applicable. Such monies shall be refunded as soon as the waiver becomes effective.
History —May 3, 1951, No. 195, p. 504, § 4, eff. July 1, 1951.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 815 - Federal social security for Puerto Rico—Employees’ contributions

(a) Every employee of the Government of Puerto Rico and of the political subdivisions whose services are covered by an agreement adopted in conformity with the provisions of § 814 of this title, shall make contributions to the Fund created by § 817 of this title, throughout the full period of effectiveness of the agreement, in a sum equal to the contribution imposed by § 1400 of the Federal Insurance Contribution Act, the same as if the services of such employees were included in the term “employment” as defined in § 3121(b) of the Federal Internal Revenue Code. This obligation on the part of each employee shall arise in consideration of his retention as an employee of the Government of Puerto Rico and its instrumentalities and municipalities, or of his appointment as such, after this act takes effect.
(b) The agency in charge shall collect said contributions through deductions to be made in the payroll covering the salary of each employee. Failure to deduct such contribution shall not release the employee or the agency in charge from liability therefor. If the contributions are not made when they fall due, they may be recovered, with interest at the rate of six (6) percent per annum from the due date to the date they are paid, through an action at law instituted before a competent court against the political subdivision liable therefor.
(c) In case there is withheld from the salary of an employee a sum higher or lower than the one appertaining to the correct contribution, the pertinent adjustments or reimbursements shall be made, without interest, in the manner prescribed by the agency in charge.
History —May 12, 1952, No. 396, p. 788, § 4; June 25, 1955, No. 102, p. 538, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 816 - Federal social security for Puerto Rico—Plan for employees of instrumentalities and municipalities

(a) [Omitted.]
(b) The officers and employees of all the municipalities of Puerto Rico shall be included in the benefits of the Federal Social Security System, in conformity with the provisions of §§ 813-819 of this title.
All political subdivisions included in the agreement as provided by § 814 of this title, shall be bound to pay into the Contributions Fund a sum equal to the contribution of their employees. In case the contributions are not paid when they fall due, a six (6) percent annual interest shall be added to the amount of the contribution from its maturity date until it is paid, and the agency in charge is hereby authorized to deduct such amounts plus interest from any sums appertaining to said political subdivisions and in the possession of the Secretary of the Treasury.
History —May 12, 1952, No. 396, p. 788, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 816a - Federal social security for Puerto Rico—Referenda among employees covered by retirement systems

The Governor may authorize the holding of referenda among the employees of the various commonwealth retirement systems on whether or not the services rendered in the positions covered by such retirement systems are to be excluded from or included in the agreement provided by §§ 813-819 of this title. The Governor shall designate an agency or individual for supervising the holding of these referenda pursuant to the provisions of § 218(d)(3) of the Federal Social Security Act. The referendum notice which § 218(d)(3)(c) of the Federal Social Security Act requires to be served on the employees shall bear or be accompanied by such information as the agency or individual designated to supervise the holding of the referenda may deem necessary and sufficient for enlightening the employees as to the rights which they as well as their dependents and survivors shall acquire, and as to the obligations which the said employees shall incur if their services are included in the agreement authorized by §§ 813-819 of this title.
History —May 12, 1952, No. 396, p. 788, added as § 5-A on June 25, 1955, No. 102, p. 538, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 817 - Federal social security for Puerto Rico—Contributions fund

(a) There is hereby created a trust fund which shall be known as Federal Social Security System Contributions Fund, which shall consist of the deposits corresponding to: (1) all the contributions collected in conformity with the provisions of §§ 813-819 of this title; (2) the funds appropriated by §§ 813-819 of this title or that may hereafter be appropriated in the general and special budgetary acts, as well as in executive budgets, and (3) the securities that may be acquired through investments belonging to said fund. Subject to the provisions of §§ 813-819 of this title, the agency in charge is hereby authorized to administer said fund and to do such acts and take such steps as may be necessary to effectuate the purposes of §§ 813-819 of this title.
(b) The Federal Social Security System Contributions Fund shall be established and kept independently of any other funds of the Government of Puerto Rico and shall be used and administered exclusively for the purposes of §§ 813-819 of this title. The disbursements against said fund shall be made exclusively in connection with: (A) payments to be made in favor of the Secretary of the Treasury of the United States in conformity with the agreement provided in § 814 of this title, and (B) payment of reimbursements provided in § 815(c) of this title.
(c) The Secretary of the Treasury of Puerto Rico shall pay to the Secretary of the Treasury of the United States, chargeable to the Federal Social Security System Contributions Fund, the amount determined by the agency in charge in conformity with the terms of the agreement provided in § 814 of this title.
(d) The agency in charge shall submit to the Office of Management and Budget for inclusion in the Model Budget to be submitted to the Legislature of Puerto Rico in each regular session, an estimate of the appropriation corresponding to the Contribution Fund by reason of the contribution of the Government of Puerto Rico. In said estimate there shall be itemized the amounts to be appropriated: (1) from the General Fund of the Government and (2) from other funds of agencies having an autonomous character or engaged in commercial activities. In the case of political subdivisions or agencies whose budgets are not examined by the Management and Budget Office, the agency in charge shall submit to the competent authority the corresponding estimate for its inclusion in the budget.
History —May 12, 1952, No. 396, p. 788, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 818 - Federal social security for Puerto Rico—Rules and regulations

The agency in charge shall prepare and put into effect such rules and regulations as may be necessary and advisable for administering the functions imposed on it by §§ 813-819 of this title.
History —May 12, 1952, No. 396, p. 788, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 819 - Federal social security for Puerto Rico—Surveys and reports

The agency in charge shall make surveys relative to the application of the Social Security System to the officers and employees of the Government of Puerto Rico and its instrumentalities and municipalities, as well as of the results of the agreements approved in accordance with §§ 813-819 of this title, and shall submit to the Governor and to the Legislature of Puerto Rico, at the beginning of each regular session, reports relative to the administration and operation of §§ 813-819 of this title during the previous year, with such recommendations as it may deem proper.
History —May 12, 1952, No. 396, p. 788, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 820 - Death benefits for survivors of public servants not covered by retirement systems or social security

Upon the death of a public servant while in service, if at the time of his demise he had been uninterruptedly working for the Commonwealth of Puerto Rico for at least six (6) months and his beneficiaries or survivors were not entitled to the benefits of any retirement system or of the Federal Social Security because the deceased public servant was not covered, his beneficiaries or survivors shall be paid a death benefit consisting of a monthly salary for each year of service up to a maximum of twelve (12) salaries, or that is, one annual salary. This benefit shall be computed on the basis of the rate of monthly compensation the public servant was receiving at the time of his death. Provided, That this benefit shall be extended retroactively to probationary employees, physicians and other professionals who worked regularly for the Government under contract, and to wage earners and employees who for some reason or other were not members of a retirement system or of the Federal Social Security, and who died after January 1, 1952.
Natural or [juridical] persons whose services are contracted for by the Government of the Commonwealth of Puerto Rico, its departments, agencies, and instrumentalities, to make more or less short and sporadic surveys and/or to give advice to the Government or any of its departments or instrumentalities, are hereby excluded from such benefit.
For the purpose of computing the first year of service, six (6) or more months shall be counted as a year of service. After the first twelve (12) months of service, one year and a fraction of a year shall be considered as two (2) years; two (2) years and a fraction of a year shall be considered as three (3) years, and so forth.
History —June 20, 1956, No. 65, p. 270, § 1, retroactive to Jan. 1, 1952.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 821 - Death benefits for survivors of public servants not covered by retirement systems or social security—Administration; regulations

The Director of Central Personnel Administration Office is hereby authorized to use the facilities of the Retirement Division in every possible and practicable way, and to prepare and promulgate the regulations he may deem necessary for the administration of §§ 820-822 of this title and to make or cause to be made the payments referred to in § 820 of this title.
History —June 20, 1956, No. 65, p. 270, § 2, retroactive to Jan. 1, 1952.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 822 - Death benefits for survivors of public servants not covered by retirement systems or social security—Appropriations

To carry out the purposes of §§ 820-822 of this title up to June 30, 1957, the Secretary of the Treasury shall place at the disposal of the Director of Central Personnel Administration Office, as an initial appropriation, the sum of twenty-four thousand five hundred and eighty (24,580) dollars. To cover costs in succeeding years the sum determined by the Director of Central Personnel Administration Office shall be included in the General Appropriations Act.
The benefits accruing to beneficiaries of public servants rendering services in the Puerto Rico Ports Authority, the Puerto Rico Industrial Development Company, the Industries for the Blind Corporation, the Land Authority, the Government Development Bank, the Puerto Rico Electric Power Authority, the Puerto Rico Housing Authority, the Puerto Rico Aqueduct and Sewer Authority, the Puerto Rico Cooperatives Bank, the Puerto Rico Communications Authority, the University of Puerto Rico, the Isabela Irrigation Service until its integration with the Electric Power Authority, the State Insurance Fund, the Prison Industries Corporation, or in any other agency hereafter created and operating with its own funds, shall be paid from the funds of the pertinent agency, upon request of the Director of Central Personnel Administration Office.
History —June 20, 1956, No. 65, p. 270, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 826 - Earnings of retired persons

Any person retired on a pension because of his age or years of service under any annuity or pension system of the Government of Puerto Rico or of any of its agencies or instrumentalities, or under any retirement or pension fund heretofore or hereafter created under the laws of Puerto Rico may serve the Commonwealth Government or any of its instrumentalities or public corporations, including the municipalities, without detriment to the pension he may be receiving, subject to those rules established by the Director of Central Personnel Administration Office, as well as to the following:
(a) He may serve as a member of a board or commission where he may be compensated for his services on a per diem basis; may serve as a legislator at no compensation other than per diem and mileage, or may render professional and consulting services on a fee basis or render services of any other nature, receiving the corresponding remuneration therefor, whenever such services are of a contractual nature that clearly does not constitute regular employment.
Employment of pensionees retired because of their age or for years of service for any other kind of service shall be permissible only when there is a lack of human resources as determined by the Director of Central Personnel Administration Office.
(b) If such person has compulsorily retired on a pension because of his age or for years of service, he may hold a part-time regular employment, the time and compensation of which do not exceed one-half of the regular working hours, and for which he receives compensation no higher than one-half of the compensation that would correspond to the same type of employment if it were on a full-time basis. The persons covered by this provision shall not be active participants of the System, and they shall be deemed as retired on account of age or years of service for retirement purposes.
History —June 15, 1959, No. 40, p. 104, § 4; May 25, 1961, No. 18, p. 48, § 1; June 10, 1967, No. 126, p. 387; Apr. 24, 1970, No. 20, p. 42; May 27, 1980, No. 59, p. 153, § 1; renumbered as § 1 and amended on Feb. 16, 1990, No. 1, § 30, eff. Apr. 1, 1990.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 827 - Earnings of retired persons—Inconsistent provisions

Any legal provision inconsistent with §§ 826 and 827 of this title is hereby rendered null.
History —June 15, 1959, No. 40, p. 104, § 5, renumbered as § 2 on Feb. 16, 1990, No. 1, § 30, eff. Apr. 1, 1990.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 827a - Retired physicians—Employment

The hiring of any physician who has been pensioned for compulsory retirement due to his age or years of service, by any pension or retirement system of the Government of Puerto Rico or any of its instrumentalities, or any retirement or pension fund created under the laws of Puerto Rico, to work in public medicine in the Government of the Commonwealth or any of its instrumentalities or corporations and municipalities, is hereby authorized after confirming that his physical and mental condition will allow him to carry out his work, under the following conditions:
As a special part-time employee who in time worked and compensation does not exceed three-fourths of the maximum salary that he would be entitled to if he were employed full time in the job. Said employee can additionally receive the pension he is entitled to.
History —Apr. 20, 1967, No. 10, p. 166, § 1; May 31, 1968, No. 65, p. 111, § 3; May 27, 1980, No. 59, p. 153, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 827b - Retired physicians—Computation of time; deductions

The time worked as special employees shall not be computed for purpose of retirement nor shall it be deducted in any sense whatsoever from the persons covered by the provision of § 827a of this title.
History —Apr. 20, 1967, No. 10, p. 166, § 2; May 31, 1968, No. 65, p. 111, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 828 - National Guard, civilian employees

(a) Civilian employees of the National Guard of Puerto Rico whose salaries are paid from funds of the Government of the United States may, on and after the effective date of this act, participate in the Employees Retirement System of the Government of Puerto Rico and its instrumentalities, created by §§ 761 et seq. of this title. Participation of the said employees in the said Retirement System shall be on the same basis as the participation of the other members of such System and shall be subject to the payment by the Government of the United States to the Retirement System of the employer’s contribution corresponding to the participation of such employees, as well as to the procedures, norms and conditions established in § 782 of this title, as regards participation of public enterprises and municipalities; Provided, That, if the employer’s contribution to be paid by the Government of the United States were lower than that required by the Retirement Act from the Government of the Commonwealth of Puerto Rico, the deficiency involved shall be contributed by the Government of the Commonwealth of Puerto Rico.
The said civilian employees of the National Guard of Puerto Rico may receive credit for previous services rendered to the National Guard of Puerto Rico, pursuant to Joint Resolution No. 100, approved June 22, 1957.
(b) The Administrator of the Employees Retirement System of the Government of Puerto Rico and its instrumentalities is hereby empowered to enter into agreement with the Government of the United States as to the terms of the participation in the Retirement System of said employees in accordance with §§ 761 et seq. of this title and with the terms of this section.
History —May 25, 1961, No. 10, p. 38, §§ 1, 2; June 28, 1963, No. 92, p. 270.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 828a - Waiver

(a) Civilian employees of the National Guard of Puerto Rico whose salaries are paid from funds of the Government of the United States, who are members of the Employees Retirement System of the Government of Puerto Rico and its instrumentalities under the provisions of § 828 of this title, who, on the taking of effect of this act, are covered by the retirement system for federal government employees, are hereby authorized to waive their participation in the Employees Retirement System of the Government of Puerto Rico and its instrumentalities. In order to be entitled thereto it shall be indispensable to file, prior to the said waiver, the proper application of admission with the Employees Retirement System of the Federal Government and to have been duly accepted.
(b) The said civilian employees of the National Guard of Puerto Rico who decide to waive their participation in the Employees Retirement System of the Government of Puerto Rico and its instrumentalities shall, for the purposes of being covered by the Employees Retirement System of the Federal Government, be entitled to the reimbursement of their accrued contributions from the system waived, plus the interest thereon, except those employees who have given authorization so that their contributions guarantee any benefit provided by said retirement system or who have vested rights in any benefit provided in §§ 761 et seq. of this title.
(c) The provisions of § 828 of this title shall remain in force for the purposes of the participation of civilian employees of the National Guard whose salaries are paid totally from federal funds who may decide to continue being covered by the Employees Retirement System of the Government of Puerto Rico and its instrumentalities.
History —May 30, 1969, No. 16, p. 27, §§ 1-3, eff. Jan. 1, 1969.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 829 - Supplementation Plan—Inapplicability of coordination plan; contribution; annuity

The provisions in regard to the coordination of the benefits of the Employees Retirement System of the Government of Puerto Rico and its instrumentalities with the benefits of Title II of the Federal Social Security Act as to the recomputations of the pension and contributions to the system, contained in §§ 761 et seq. of this title, shall cease to be applied to the participants of said Retirement System who as of July of 1968, are covered by such provisions and who express their preference and change to a plan of complete supplementation between both systems.
In addition to the contributions required by the Federal Social Security Act, the participants who choose the complete supplementation plan shall contribute to the Retirement System, if they are policemen or firemen, 7% of their compensation, and the other participants 6% of their compensation. In exchange for such contributions toward the Retirement System, the said participants shall be entitled so that the annuity corresponding to them by retirement or disability be not reduced on reaching 65 years of age and be eligible to the benefits of the Social Security.
History —June 19, 1968, No. 93, p. 167, § 1, eff. July 1, 1968.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 829c - Supplementation Plan—Irrevocability

The decision of any participant of the Retirement System who chooses to avail himself of the Full Supplementation Plan described in § 829 of this title, shall be deemed to be irrevocable, once the system notifies the total amount of the payment to avail him/herself of said plan, and the participant accepts the payment thereof in writing. This decision shall not be altered by any interruptions in his public career.
The participant shall inform his final decision to the Retirement System within ninety (90) days after having received the notice of the amount to be paid for the change to the Full Supplementation Plan.
History —June 19, 1968, No. 93, p. 167, § 4, renumbered as § 3 on July 20, 1979, No. 162, p. 413, § 3; Jan. 4, 2000, No. 13, § 1, eff. 30 days after Jan. 4, 2000.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 829d - Supplementation Plan—Declaration of participants entering system after July 1, 1968

(a) Every person who is currently a member of the Retirement System and has participated in the System since July 1, 1968 should have expressed his preference for one plan or the other by the declaration made upon joining the System. It shall be understood that persons who have not submitted the declaration of preference between the coordination plan and the plan of complete supplementation shall join the existing coordination plan.
(b) All new participants joining the System after April 1, 1990 shall join the plan of complete supplementation.
(c) Current participants who have chosen the plan of complete supplementation shall base their contributions on 8.275% of their monthly compensation as of April 1, 1990.
(d) Current participants who have joined the existing coordination plan shall contribute to the System, as of April 1, 1990, 5.775% of their monthly compensation up to five hundred fifty (550) dollars and 8.275% of monthly compensation in excess of that amount.
(e) Current members of the Police Corps and the Firefighters Corps who joined the System after the date of the referendum referred to in § 829a [omitted] of this title shall contribute an amount equivalent to 8.275% of their monthly compensation.
(f) As of April 1, 1990, participants in the Retirement System who joined the existing coordination plan may join the plan of complete supplementation as long as they have paid to the System the necessary amounts plus interest to complete contributions on the basis of 8.275% of monthly compensation for the period of retroactivity.
History —July 19, 1968, No. 93, p. 167, § 5, renumbered as § 4 and amended on July 20, 1979, No. 162, p. 413, §§ 2, 3; July 6, 1985, No. 75, p. 254; Feb. 16, 1990, No. 1, § 23, eff. Apr. 1, 1990.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 829e - Supplementation Plan—Annuitants under 65 on July 1, 1968

The annuitants of the Retirement System that on July 1, 1968, have not attained the age of 65 years shall continue receiving the full benefits of the Retirement System on reaching said age; that is, there shall not be applied the formulas used under the coordination plan to determine the retirement or disability annuities, on and after the date he attains the status of fully insured under the Federal Social Security, and through which the annuities are received when the participants attain the age of 65.
Nor shall the annuities corresponding to the participants who on the date of approval of this act are separated from the Retirement System and who are entitled to a deferred retirement annuity be reduced when such participants attain the age of 65 years.
Annuitants of the Retirement System who as of July 1, 1968, have attained 65 years of age shall have from and after said date an increase in the annuity they are receiving from the Retirement System, until it is equal to that received before attaining said age.
History —June 19, 1968, No. 93, p. 167, § 6, renumbered as § 5 on July 20, 1979, No. 162, p. 413, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830 - Special Permanent Commission—Creation

A Special Permanent Commission is hereby created to study or investigate and evaluate on everything connected with the functioning, operation and administration of the retirement systems of the employees and pensionees of the Government of the Commonwealth of Puerto Rico, its agencies and instrumentalities. This Commission shall be known as the “Public Service Retirement System Special Permanent Commission”.
History —May 31, 1985, No. 20, p. 60, § 1; Sept. 9, 1996, No. 205, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830b - Special Permanent Commission—Duties

It shall be the duty of the Commission to study the government retirement systems and propose ways and means to introduce improvements to them; to study and evaluate the proposals made by the Executive Branch, the Legislative Branch, the systems and/or their participants as a group or individually; to examine the feasibility and convenience of integrating the different retirement systems to achieve, while recognizing the peculiarities of each, the greatest uniformity possible in their administration and operation, and in the rights to which the participants are entitled; to take action leading to the recommendation of measures which can give vitality to the systems and maintain their rhythm of evolution in tune with the social and economic changes produced by changing times; to perform economic and actuarial studies as needed; to study comparable systems in other jurisdictions and in private enterprise; to perform periodic studies of the socioeconomic conditions of the pensionees and their beneficiaries.
History —May 31, 1985, No. 20, p. 60, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830c - Special Permanent Commission—Scope of studies

The Commission shall study the following, among other matters or topics:
(a) The compensation structure which is best adapted to the needs of the public employees, including old age, death and disability benefits.
(b) The financing policy to be adopted by the retirement systems, considering their need for financial solvency in view of the Commonwealth’s scale of priorities for the use of financial resources.
(c) The investment policy to be used by the retirement systems taking into consideration the economic and social yields.
(d) The type of management structure which is best adapted to optimum efficiency in the management of the retirement systems.
(e) The periodic adjustment mechanisms that must be provided in the amount of the pensions based on the rise in the cost of living.
(f) The feasibility of offering public employees the opportunity to purchase additional benefits to those provided by the system.
History —May 31, 1985, No. 20, p. 60, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830d - Special Permanent Commission—Performance and progress of studies

To achieve the purposes and objectives of §§ 830-830i of this title, the Commission is hereby empowered to perform, contract and order the studies it deems are necessary or convenient. Every agency of the Government of Puerto Rico as well as every public corporation or municipality will provide all information required by the Commission regarding its functions and responsibilities. The Retirement Boards or Boards of Trustees of the several retirement systems that cover the public servants of the Commonwealth of Puerto Rico as well as the administrators of said systems shall advise and offer the Commission any cooperation and information it may require from them.
The departments, agencies, bureaus, public corporations and their subsidiaries, as well as the municipalities are hereby authorized to provide personnel services, facilities and resources to the Commission upon its request or by request of the Governor of Puerto Rico.
History —May 31, 1985, No. 20, p. 60, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830e - Special Permanent Commission—Meetings; personnel

The Commission shall meet at least once every two (2) months when convoked by the Chairman or when it is agreed upon by an absolute majority of the members in writing and signed by them.
The Commission may contract and appoint the personnel it deems necessary and assign the duties, functions and remuneration it deems appropriate to be charged to the account created in § 830g of this title. The Commission shall be construed as an individual administrator as such term is defined in former § 1301 et seq. of this title, known as the Puerto Rico Public Service Personnel Act.
History —May 31, 1985, No. 20, p. 60, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830f - Special Permanent Commission—Per diems and travel expenses

The Commission’s members who represent the Legislature will be reimbursed their per diems and travel expenses, as provided by law when they attend meetings of Legislative Committees, for each day they attend meetings of the Commission or when they attend to official matters of the Commission individually or as a group. The Chairman of the Commission shall issue the corresponding certificates in each case. To such effects, the President of each House is hereby empowered to authorize the payment of said reimbursements.
The members of the Commission for the Retirement Systems, for the Pensioners Association and for the Association of Commonwealth Employees and the two (2) members who represent the public interest have the right to be reimbursed for per diems and travel expenses up to fifty (50) dollars per day for expenses incurred for attending meetings or while engaged in official business. These expenses shall be charged to the Special Account according to §§ 830-830i of this title.
History —May 31, 1985, No. 20, p. 60, § 7; July 22, 1988, No. 128.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830g - Special Permanent Commission—Expenses

The other necessary and regular expenses for the functioning of the Commission shall be defrayed by charging them to a special account to be established in the Department of the Treasury, which shall be denominated as the “Special Permanent Commission for the Study of the Government’s Retirement Systems Account”. This special fund shall be nourished, as provided below, by contributions of the presently established retirement systems that are part of the Special Permanent Commission for the Study of the Government’s Retirement Systems and shall be administered by the Commission, pursuant to the applicable rules and regulations of the Department of the Treasury.
(a) Each year the Puerto Rico Government Employee Retirement Systems existing at present that are part of the Special Permanent Commission for the Study of the Government’s Retirement System shall contribute the amount agreed upon by its Retirement Board, which shall not be less than fifty thousand dollars ($50,000) to the [special] account established in this section.
(b) Provided, That for the 1985—86 fiscal year each Board of Trustees or Retirement Board shall advise the Commission through its Administrator and by a certificate to such effects as to the agreement adopted with regard to the contribution it will make to the account, within thirty (30) days following the date of approval of this act. In subsequent fiscal years, said Boards of Trustees or Retirement Boards shall make known their agreement on the amount they will contribute to the fund, no later than thirty (30) days prior to the beginning of the fiscal year for which the contributions are designated. If any Board of Trustees or Retirement Board does not reach an agreement or does not make it known as provided above, the Commission is hereby empowered to call for the contribution which it deems appropriate, according to its needs, from the Retirement System in question. The Commission, likewise, is empowered to request any additional amount from these Retirement Systems that the Commission deems is needed, and the Systems shall contribute it.
(c) The contributions of the Employees Retirement System of the Government of Puerto Rico and its Instrumentalities shall be available to the Commission no later than the fifteenth of July of the fiscal year for which they are destined. The contributions of the other Retirement Systems shall be available to the Commission within fifteen (15) days after they have been informed or required as provided in subsection (b) of this section.
History —May 31, 1985, No. 20, p. 60, § 8; July 27, 2005, No. 34, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830h - Special Permanent Commission—Public hearings

The Commission is empowered to conduct public hearings in any place in the Commonwealth, receive the testimony of interested parties and summon those who, in its judgment, should depose on any matters or studies they are considering or investigating. The Commission and each one of its members shall be empowered to take oaths and statements. The Commission shall order witnesses to appear and make statements as well as to present any documents, books, registers or any other evidence which is relevant to the matters being considered by it.
When a witness that is summoned by the Commission does not appear to testify, or does not produce the required evidence or refuses to answer any study or investigation carried out by the Commission in the performance of its duties, the Chairman of the Commission may request the assistance of the Court of First Instance of Puerto Rico to require his attendance and statement, or the production of the required evidence, as the case may be. The Secretary of Justice shall supply the Commission with legal counsel for the above-stated purposes.
After filing the petition before the Court of First Instance of Puerto Rico, said court shall issue a summons requiring and directing the witness to appear before the Commission and give testimony, or to produce the requested evidence, or both, and any disobedience of the summons issued by the court shall be punished by it as civil contempt.
History —May 31, 1985, No. 20, p. 60, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830i - Special Permanent Commission—Reports

The Commission shall submit at least one annual report to the Legislature, the Governor of Puerto Rico and to each of the Retirement System[s] of the Government of Puerto Rico no later than March 31 of each year, which shall include a statement as to the work performed during the corresponding year, the expenses incurred by it, and the surplus in the special fund created by the law, if any. The findings and conclusions of actuarial studies, the finances and administration of the retirement systems, and of its specific recommendations on the administrative and legislative actions relevant in the Commission’s judgment to the pensioners, the participants and the Retirement Systems, should be adopted.
History —May 31, 1985, No. 20, p. 60, § 10; Sept. 1, 2000, No. 298, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830j - Agency Coordinator for Retirement Affairs—Creation

The office of Agency Coordinator for Retirement Affairs is hereby created in every agency, instrumentality, municipality or public enterprise under §§ 761 et seq. of this title, known as the “Employees Retirement System of the Government of Puerto Rico and its Instrumentalities”.
History —Dec. 26, 2000, No. 441, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830k - Agency Coordinator for Retirement Affairs—Requirements

The Coordinator, who shall be appointed by the nominating authority of the agency, instrumentality, municipality or public enterprise, must meet the following requirements:
(a) Be a public service career employee.
(b) Be a public employee member of the Retirement System.
(c) Be attached to the Office of Human Resources or Personnel of the agency, instrumentality, municipality or public enterprise.
(d) Have thorough knowledge of the laws and regulations governing personnel and human resources affairs in Puerto Rico, the laws and regulations concerning labor relations and personnel of his or her entity and the laws governing the Retirement System and Public Instrumentalities of Puerto Rico.
(e) Be qualified to design and conduct research and studies on matters related to the Retirement System be they of a collective, partial or individual nature.
History —Dec. 26, 2000, No. 441, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830l - Agency Coordinator for Retirement Affairs—Duties

The Coordinator shall have the following duties:
(a) Be the only agent and delegate responsible for the coordination of the activities related to retirement matters in his or her agency, instrumentality, municipality or public enterprise.
(b) Represent, engage in and be responsible for transacting all applications, petitions or actions concerning the benefits and services applied for by the participants in the Retirement System of his or her agency, instrumentality, municipality or public enterprise.
(c) Coordinate talks, conferences and seminars with the participants of his or her agency, instrumentality, municipality or public enterprise on those matters, changes and other situations arising or that may arise regarding the relationship between the Retirement System and its participants.
(d) Coordinate, together with the personnel designated by the Retirement System Administrator all actions under the control of the Administrator, pursuant to § 777 of this title, known as the “Employees Retirement System of the Government of Puerto Rico and its Instrumentalities”. To do so the Administrator shall establish all procedures through regulations. All of the above shall be done pursuant to §§ 2101 et seq. of this title, known as the “Puerto Rico Administrative Procedures Act”.
(e) Be the only custodian and person responsible for collecting and maintaining up-to-date the file of every official or employee member of the Retirement System in his or her agency, instrumentality, municipality or public enterprise. Said file shall be confidential and may be examined before the coordinator and under his or her supervision only by its owner or by any official legally entitled to do so.
The retirement file shall contain the following documents:
(1) Birth certificate.
(2) Notice of appointment and oath taken.
(3) Individual statement (OP-80 or ASR 80)
(4) Report of change (OP-15 or SP 2)
(5) Reports of change (OP-15 or SP 2)
(6) Reports of change (OP-15 or SP 2)
(7) Reports of change (OP-15 or SP 2)
(8) Service record (08-38)
(9) Certificate of service interruptions (08-48)
(10) Evidence of any benefit or right granted by the Retirement System.
(11) A copy of the file of every employee shall be kept at the Office of the Coordinator of the agency, instrumentality, municipality or public enterprise, as well as a logbook of the documents included and the action taken on the latter, be it collectively, partially or individually.
for leave without pay.
for reinstallation.
for resignation or cessation.
History —Dec. 26, 2000, No. 441, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830m - Agency Coordinator for Retirement Affairs—Prohibitions

The Coordinator may not receive any money, gift, donation or direct or indirect benefit for his efforts before any public or private entity in benefit of the officials or employees participating in the Retirement System or of any employee or official of his or her agency or other public body. Any violation of this provision shall entail the pertinent criminal and administrative sanctions, according to the act committed and the applicable laws.
History —Dec. 26, 2000, No. 441, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830n - Agency Coordinator for Retirement Affairs—Registration

Every Coordinator must register as such with the Retirement Systems Administration. The Retirement Systems Administrator shall establish an identification system with photographs, signatures and any other means of identification for when the coordinator is performing his or her duties in the offices of the Retirement System.
History —Dec. 26, 2000, No. 441, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830o - Agency Coordinator for Retirement Affairs—Alteration of functions

The nominating authority may alter the functions or activities of the coordinator when it believes that there is just cause for doing so, according to the best public interest or the interests of the participants of the Retirement System or of the agency.
History —Dec. 26, 2000, No. 441, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830p - Agency Coordinator for Retirement Affairs—Application to other laws

None of the faculties, duties and limitations that apply through §§ 830j—830p of this title to the coordinators shall limit the powers and obligations of other laws applicable to labor or personnel relations or to the Human Resources of the Government of Puerto Rico, its instrumentalities and public enterprises.
History —Dec. 26, 2000, No. 441, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 830p-1 - Assistant coordinator

The appointing authority may designate an assistant coordinator in those agencies, instrumentalities, municipalities or public enterprises under §§ 761 et seq. of this title, known as the “Employees Retirement System of the Government of Puerto Rico and its Instrumentalities”, that have more than two thousand (2,000) employees.
The assistant coordinator shall work under the supervision of the coordinator who shall give his/her instructions about his/her functions and who shall furthermore substitute [for] the coordinator when the needs of the service so require.
History —Dec. 26, 2000, No. 441, added as § 9 on Aug. 4, 2007, No. 102, § 1.