2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 83 - Early Retirement for Government Employees (§§ 5001 — 5034) › Subchapter I - 1998 Early Retirement Program (§§ 5001 — 5017) › § 5005 - Pension to surviving spouse and children

(a) Upon the death of a participant while receiving a retirement annuity from the program, the surviving spouse and the minor or physically or mentally disabled children shall be entitled to a pension which shall be determined according to the provisions of this section.
(b) If the participant is not covered under Title II of the Federal Social Security Act at the time of his/her death, those persons mentioned in subsection (a) of this section shall receive, in equal shares, sixty percent (60%) of the annuity received by the participant at the time of his/her death.
(c) If the participant is covered under Title II of the Federal Social Security Act at the time of his/her death, those persons mentioned in subsection (a) of this section, shall receive, in lieu of what is provided in subsection (b) of this section, thirty percent (30%) of the annuity received by the participant at the time of his/her death, in equal shares. The surviving spouse of the participant shall receive the pension provided in this subsection upon attaining sixty (60) years of age. Further, Provided, That the surviving spouse must have been married to the deceased participant for not less than ten (10) years.
(d) In the case of minor or mentally disabled children, their corresponding pension may be given to the father or mother, as the case may be, or to any other person designated by the Court of First Instance, always ensuring the welfare of said minors or mentally disabled children.
(e) The surviving spouses of deceased participants shall receive the pension provided in this section provided they have not remarried. In the case of minor children, the payments shall be made until they have attained the age of eighteen (18), except when they are permanently disabled to work due to their mental condition or physical disability, or until they have attained the age of twenty-five (25) if they are pursuing studies. Said studies shall be conducted in an Institution recognized by the Council on Higher Education of Puerto Rico or by the Department of Education, as the case may be. The Board may designate an educational institution located outside of Puerto Rico and recognized by an entity similar to the Council on Higher Education of Puerto Rico, and/or to the Department of Education, as an institution in which the children of a deceased participant may be able to pursue their studies and qualify to receive the benefits under this section.
(f) Any persons mentioned in this section who are not in agreement with the determination made by the Administrator regarding their application for benefit payments may request a reconsideration thereof within the term of thirty (30) days after having been notified of the determination of the Administrator.
(g) In the event that one of the persons mentioned in this section should be entitled under any of the laws of Puerto Rico to receive another pension on the same account or because of the death of a participant, the pension which is higher shall be paid.
Any person entitled to receive or who is receiving a pension on his/her own night from any retirement system under the laws of Puerto Rico, shall receive or continue to receive the same in addition to the pension provided herein for the death of the participant. Entitlement to this pension for death benefits shall be retroactive to the date of death of the participant; and the payment thereof to the surviving spouse shall commence as of the date the latter meets the eligibility requirements established in this section.
(h) Except as otherwise provided in this chapter, the pensions granted under this section shall be exempt from embargo or foreclosure.
Provided, That in case of the death of a participant of the program, the agency shall continue to pay the financial contribution of the deceased participant.
History —July 28, 1998, No. 182, § 6; Dec. 6, 1998, No. 293, § 5.