2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 105 - Incentive, Retirement, and Retraining Program Act (§§ 8881 — 8901) › § 8894 - Effect of the option to participate in the Program

Every option to participate shall be final and irrevocable and constitute a full and absolute release and a waiver of rights to any present or potential claim based on: (i) the job relation and/or termination thereof, under any applicable law, and/or (ii) the actions, if any, that may be taken as a result of the implementation of this chapter. This waiver of rights shall have the effect of a complete transaction of any present or potential action or right, whether known or unknown, that the employee has, may have or has had in connection with his/her employment and the termination thereof. This release and the corresponding waiver of rights shall have a res judicata effect.
The application of the release or the waiver of rights from claims provided by this section may not impair the rights and claims arising from §§ 761 et seq. of this title, and §§ 391 et seq. of Title 18, of those employees who voluntarily decide to participate in the Program established herein, except as such rights are modified by this chapter.
Any employee who opts for this Program under § 8883(a) of this title shall be ineligible for re-entering the public service as a trust, career, provisional or irregular employees in any entity of the Government of Puerto Rico for a term of five (5) years as of the date of effectiveness of his/her participation in the Program. In the case of employees who opt for this Program under § 8883(b) of this title and who re-enter the public service after the five (5) -year term elapses with an employer that is a member of the Government Employees Retirement System, shall cease to receive the pension, granted under this chapter upon their re-entry and may participate in the Retirement Savings Account Program established through Act No. 305 of September 24, 1999, as amended; Provided, That the pension granted under this chapter shall be reestablished upon their separation from the public service and that they may receive any benefits to which they are entitled, pursuant to the applicable norms of the Retirement Savings Account Program. Pensioners under § 8883(b) of this title who re-enter the public service with an employer that is a member of the Teacher’s Retirement System, after the five (5) -year term provided herein elapses, shall cease to receive the pension granted under this chapter upon their re-entry and may make contributions to the Teacher’s Retirement System; Provided, That the pension granted under this chapter shall be reestablished upon their separation from the public service and that they may receive any supplemental pension benefits to which they are entitled, pursuant to the applicable norms of the Teacher’s Retirement System.
In the case of employees who avail themselves of this Program under § 8883(c) of this title and who wish to re-enter the public service after the five (5) -year term elapses, shall re-enter the Government Employees Retirement System as provided in §§ 761 et seq. of this title, or the Teacher’s Retirement System, as provided in §§ 391 et seq. of Title 18, or the corresponding retirement system.
History —July 2, 2010, No. 70, § 15.