2023 Laws of Puerto Rico › TITLE SEVEN - Banking (§§ 1 — 3116) › PART III - Other Financial Institutions (§§ 551 — 1390) › Chapter 61A - Voluntary Early Retirement Program for the Employees of the Government Development Bank for Puerto Rico (§§ 608 — 608h) › § 608e - Indispensable positions

It is hereby provided that with the implementation of this Early Retirement Program the Government Development Bank and its affiliate, the Puerto Rico Infrastructure Financing Authority and its subsidiary, the Puerto Rico Housing Financing Authority, shall eliminate a number of positions equal to those left vacant as a product of the same, except for those of the Supervision and Compliance Director and the Compensation and Classification Director in the case of the Bank, of the General Accounting Manager in the case of the Puerto Rico Infrastructure Financing Authority, and of the Projects Administration Director, the Projects Administration Manager, the General and Administrative Services Director (Administration Director, Deputy Director of Legal Services, Legal Counsel, Accounting and Investments Official (Mortgage Insurance Manager) and the Financing Development Director in the case of the Puerto Rico Housing Financing Authority. It shall be understood that indispensable positions are those whose functions are of a highly specialized nature and fundamental and essential for the Government Development Bank and its affiliate, the Puerto Rico Infrastructure Financing Authority and its subsidiary, the Puerto Rico Housing Financing Authority, to most effectively function so as to be able to achieve the public purpose for which it was created as a public corporation of the Commonwealth of Puerto Rico. To fill these indispensable positions the career personnel of the Government Development Bank and its affiliate, the Puerto Rico Infrastructure Financing Authority and its subsidiary, the Puerto Rico Housing Financing Authority, who express their willingness to being relocated to such a position shall be preferably considered and thus internal job opening announcements shall be posted for such a purpose.
It is further Provided, That no subcontracting shall be employed to perform the tasks that would have been undertaken by employees enjoying their retirement, provided these are not indispensable for the operations of the Government Development Bank and its affiliate, the Puerto Rico Infrastructure Financing Authority and its subsidiary, the Puerto Rico Housing Financing Authority.
Indispensable positions shall be identified and notified to those employees who by December 31, 2007, hold the same, not later than thirty (30) days after the effective date of this act.
In case any position identified as indispensable must be reopened or personnel subcontracted to occupy positions already identified as indispensable, the employees of the Government Development Bank and its affiliate, the Puerto Rico Infrastructure Financing Authority and its subsidiary, the Puerto Rico Housing Financing Authority, in each dependency as the case may be, shall have priority for occupying said positions. Each instrumentality must train those employees who ask to occupy a position already identified as indispensable so that they may meet the requirements of said position provided this is not too onerous for the Bank. When calculating how onerous it would be to train an employee to occupy a position identified as indispensable, the following factors, although not limited thereto, must be taken into consideration: the number of positions to be filled versus the personnel available and the length of time said training requires and its cost, all this to prevent the external recruitment of new career employees. Each instrumentality shall take the administrative and operational reorganization measures needed to permit the elimination of those positions rendered vacant.
In cases whereby it is required to retrain personnel and/or to finish a certain project, task or function by any employee who has joined the Voluntary Early Retirement Program herein authorized, it may be possible to recruit those employees who held those positions or who perform said project, task or function and who availed themselves of early retirement through contracts which shall not exceed a term of six (6) months, without being subject to the provisions of § 1827(e) of Title 3, known as the “Ethics in Government Act of the Commonwealth of Puerto Rico”, nor to the contractual restrictions of the Employees Retirement System of the Judiciary and the Government of the Commonwealth of Puerto Rico Act.
History —Dec. 12, 2007, No. 188, § 6.