reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 766a - Employees Retirement System—Merit annuity for thirty (30) or more years of service

(a) Retirement shall be optional for any participant of the System in active service who shall have completed at least thirty (30) years of creditable service. Said participant shall be entitled to receive the Merit Annuity for thirty (30) years or more of service in accordance with subsections (b) and (c) of this section thereof.
(b) Participants of the System under the Coordinating Plan and receiving Social Security benefits, who have not attained sixty-five (65) years of age, shall receive a merit annuity to be computed as provided for hereinafter:
(1) For those participants who have completed thirty (30) years or more of creditable services and have not attained fifty-five (55) years of age or more, sixty-five percent (65%) of the average compensation.
(2) For those who have completed thirty (30) years or more of creditable services and have attained fifty-five (55) years of age or more, seventy-five (75%) of the average compensation.
(3) Years in excess of thirty (30) may only serve as basis to calculate the average compensation.
(c) As soon as the participants mentioned in subsection (b) of this section attain sixty-five (65) years of age or more, and the status of fully insured under the Federal Social Security Act, their pension shall be recomputed on the basis of the formula provided in subsection (d) of this section.
(d) Except members of the Police Corps and mayors, if the participant who retires has attained sixty-five (65) years of age or more and the status of fully insured under the Federal Social Security Act, the amount of the merit annuity for thirty (30) years of service or more shall be one and one-half percent (1 1 / 2 %) of the average compensation up to six thousand six hundred dollars ($6,600) annually, multiplied by the number of years of creditable services, plus the percent applicable to each participant in accordance with the provision of subsection (b) of this section of the average compensation in excess of six thousand six hundred dollars ($6,600) annually.
History —May 15, 1951, No. 447, p. 1298, added as § 6-A on June 19, 1968, No. 91, p. 164; Apr. 26, 1972, No. 19, p. 39; June 8, 1973, No. 123, p. 493, § 1; renumbered as § 2-102 on Sept. 24, 1999, No. 305, § 11; Sept. 2, 2000, No. 302, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 766b - Employees Retirement System—Calculation of average compensation for new participants

The average compensation of all new participants who join the System for the first time after April 1, 1990 shall be calculated based on the average of the last five (5) years of creditable service. This period of five (5) years shall be the base period. If the annual compensation in any of the years covered in the base period, exceeds by more than ten percent (10%) the annual compensation of the immediately preceding year, the compensation in excess of said ten percent (10%) shall not be included in the calculation of average compensation.
History —May 15, 1951, No. 447, p. 1298, added as § 6-B on Feb. 16, 1990, No. 1, § 1; renumbered as § 1-108 on Sept. 24, 1999, No. 305, § 8; Sept. 2, 2000, No. 302, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 766c - Employees Retirement System—Accreditation of services of new participants

Services rendered by all new participants who join the System for the first time after April 1, 1990, shall be accredited on the basis of complete months.
History —May 15, 1957, No. 447, p. 1298, added as § 6-C on Feb. 16, 1990, No. 1, § 2; renumbered as § 1-109 on Sept. 24, 1999, No. 305, § 8.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 766d - Employees Retirement System—Annuities for new participants

(a) Annuity for years of service.— Retirement shall be optional for new participants who have enrolled for the first time in the System after April 1, 1990, as of the date on which they reach the age of sixty-five (65), have completed a minimum of ten (10) years of credited service and have not requested or received the reimbursement from the accumulated contributions. The amount of the annuity shall be one point five percent (1.5%) of the average compensation multiplied by the years of credited services. However, a minimum pension of five hundred dollars ($500) per month, effective on July 1, 2013, is hereby fixed for those participants who retired in accordance with the provisions of Chapter 2. Every pensioner who receives a pension of less than five hundred dollars ($500) per month shall receive effective on July 1, 2013, the corresponding raise so that his/her pension amounts to five hundred dollars ($500).
(b) Annuity for high-risk service.— Members of the Police Corps and Firefighters Corps who join the System for the first time after April 1, 1990, shall have the option of availing themselves of a retirement annuity as of the date on which they reached fifty-five (55) years of age and have completed thirty (30) years of creditable service. The amount of this annuity shall be seventy five percent (75%) of average compensation. These participants may avail themselves of a retirement annuity upon completing thirty (30) years of creditable service and before reaching the age of fifty-five (55), and in this case the annuity shall be sixty-five percent (65%) of average compensation.
(c) Annuity for early retirement.— Participants who enter the System for the first time after April 1, 1990, whose separation from service occurs upon reaching fifty-five (55) years of age and who have completed at least twenty-five (25) years of creditable service, shall be entitled to receive the, annuity for years of service provided in subsection (a) of this section with an actuarial reduction calculated according to the Actuarial Tables adopted by the Board of Trustees.
(d) Annuity for deferred retirement.— Participants who enter the System for the first time after April 1, 1990, whose separation from service occurs upon reaching sixty-five (65) years of age and who have not requested or received reimbursement for accumulated contributions, shall be entitled to receive an annuity for deferred retirement upon reaching sixty-five (65) years of age. This annuity shall be calculated according to the formula established in subsection (a) of this section.
History —May 15, 1951, No. 447, p. 1298, added as § 6-D on Feb. 16, 1990, No. 1, § 3; renumbered as § 2-103 on Sept. 24, 1999, No. 305, § 11; Sept. 2, 2000, No. 302, § 4; June 27, 2003, No. 156, § 2; Apr. 24, 2007, No. 35, § 4; Apr. 4, 2013, No. 3, § 5, eff. July 1, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 766e - Repealed. Act Apr. 4, 2013, No. 3, § 3, eff. Apr. 4, 2013

History —May 15, 1951, No. 447, p. 1298, added as § 6E on May 21, 1992, No. 10, § 6; Aug. 13, 1996, No. 134, § 1; renumbered as § 2-104 and amended on Sept. 24, 1999, No. 305, § 12; Feb. 15, 2008, No. 7, § 1; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 766f - Police—Raise

(a) All retired members of the Puerto Rico Police or entitled to retirement under the terms of §§ 761 et seq. of this title, who are receiving or are entitled to receive at the time of retirement an annual pension or annuity for life under one thousand dollars ($1,000) per month, shall be entitled to receive two hundred additional dollars ($200) or the difference between the amount they receive as retired member of the Police and one thousand dollars ($1,000), whichever amount is less, from the date of approval of this act. The increase in said pension shall be made using the following formula:
The difference between the pension received by the retired member of the Police and the amount of one thousand dollars ($1,000), or two hundred dollars ($200), whichever amount is less, shall be divided into two (2) equal portions to be applied annually in order for the increase to be completed within a period of two (2) years.
(b) The Retirement System Administrator shall take the necessary measures to comply with the provisions of this section.
(c) The cost of the first portion of the increase established by this section shall be defrayed with unencumbered funds in the Commonwealth Treasury, but the amounts needed for subsequent years shall be included in the General Expenses Budget of the Government of the Commonwealth of Puerto Rico.
(d) The Retirement System Administration of the Government shall receive the funds to cover the payment of this benefit before July 15 of each year.
History —Aug. 25, 2000, No. 208, §§ 1—4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 766g - Mandatory retirement for public employees in high-risk positions

Public employees in high-risk positions may voluntarily choose to retire after reaching the age of fifty-five (55) and thirty (30) years of service. Retirement shall be mandatory on the date the participant reaches both thirty (30) years of service and the age of fifty-eight (58). Provided, That the Superintendent of the Puerto Rico Police and the Chief of the Firefighter Corps or the pertinent appointing authority may grant dispensations to authorize the members of their respective agencies to work for an additional maximum period of two (2) years performing the functions assigned to them; provided that the health and safety of public employees in high-risk positions are not compromised. Such a request for dispensation shall be made by the official, not later than ninety (90) days before his/her retirement date.
It is hereby provided that the Superintendent of the Puerto Rico Police and the Chief of the Firefighter Corps or the pertinent appointing authority shall adopt regulations as necessary to comply with §§ 761-788 of this title.
History —May 15, 1951, No. 447, p. 1298, added as § 7 on Aug. 15, 2003, No. 181, § 1; renumbered as § 2-104A and amended on Sept. 15, 2004, No. 296, § 5; June 30, 2005, No. 22, § 1; Dec. 13, 2007, No. 195, § 1; April. 4, 2013, No. 3, § 7, eff. July 1, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 768 - Employees Retirement System—Reversionary annuity; optional privilege at retirement

Any member may elect at the time of retirement to receive a lesser amount of retirement annuity than that to which he has a right and provide with the remainder of his equity as actuarially determined, one or more annuities for persons who are dependent upon such member at the time of retirement, as named in a written direction filed with the Administrator. Such a privilege shall be extended provided that the member submits to a medical examination and meets medical standards of good health which shall be established by the Board in its rules and regulations, provided the persons named to receive the reversionary annuity are proved to be dependent on the member to the satisfaction of the Administrator; and provided further that no reversionary annuity resulting from such election is found to be less than two hundred and forty (240) dollars per annum; and that the amount of such annuity or annuities does not exceed the amount of the reduced retirement annuity to which the member is entitled under his election.
The amount of the reversionary annuities shall be determined by the Administrator in accordance with the written direction of the member. Any such reversionary annuity shall begin to run as of the day following the date of the death of the member. If one or more of the persons designated as beneficiaries do not survive the member, the corresponding reversionary annuity or annuities shall not be payable under the provisions of § 761 et seq. of this title. No change shall be permitted by the Administrator in the written direction filed in the System after the retirement annuity has been granted and has become effective and payable, except that if the member passes away within thirty (30) days from the date of his retirement, his demise shall be considered as a death in active service.
History —May 15, 1951, No. 447, p. 1298, § 8; June 20, 1956, No. 70, p. 292, § 2; renumbered as § 2-105 by Sept. 24, 1999, No. 305, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 768a - Employees Retirement System—Coordination of reversionary annuity with social security benefits

Any participant who opts for a transferred annuity after the date of coordination with Social Security, and whose annuity is recomputed pursuant to the provisions of § 766(e) of this title upon reaching the age of 65, and becomes fully insured and is thus eligible for Social Security benefits, shall have his/her transferred annuity recomputed on the basis of the resulting recomputed retirement annuity. A new transferred retirement annuity benefit shall be established in this case in harmony with the reduction of the annuity resulting from the application of the provisions of said section.
History —May 15, 1951, No. 447, p. 1298, added as § 8-A on June 20, 1956, No. 70, p. 292, § 3; June 29, 1968, No. 160, p. 512, § 1; renumbered as § 2-106 and amended on Sept. 24, 1999, No. 305, § 15.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 769 - Employees Retirement System—Occupational disability annuity

Any participant who as a result of a disability that originated due to his/her employment and arises during its course, is rendered disabled for service, shall be entitled to receive an occupational disability annuity, provided that:
(a) Sufficient medical evidence is received with regard to the mental or physical disability of the participant pursuant to normally accepted criteria in the disability compensation field fixed by the Administrator through regulations.
(b) The participant or the employer notifies the [Administrator] of said disability, in accordance with the regulation of the Board.
(c) The State Insurance Fund determines that the accident or illness originated from any work duty or that it is inherently related to the work or employment.
History —May 15, 1951, No. 447, p. 1298, § 9; June 19, 1954, No. 73, p. 374, § 3; May 17, 1955, No. 40, p. 136, § 1; June 12, 1957, No. 39, p. 90, § 2; June 28, 1961, No. 132, p. 283, § 1; July 2, 1985, No. 51, p. 179; Feb. 16, 1990, No. 1, § 7; renumbered as § 2-107 and amended on Sept. 24, 1999, No. 305, § 16; Sept. 2, 2000, No. 302, § 5; Sept. 15, 2004, No. 296, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 769a - Employees Retirement System—Coordination of occupational disability annuity with social security benefits

Any participant who is receiving an occupational disability annuity, shall receive a recomputed annuity from the System, as of the date he/she reaches the age of 65 and acquires a fully insured status under the United States Social Security Act, and is eligible for primary benefits under said Act, based on the formula and subject to the conditions prescribed in § 766(e) of this title.
History —May 15, 1951, No. 447, p. 1298, added as § 9-A on June 20, 1956, No. 70, p. 292, § 3; July 19, 1960, No. 136, p. 390; June 29, 1968, No. 160, p. 512, § 1; renumbered as § 2-108 and amended on Sept. 24, 1999, No. 305, § 17.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 770 - Employees Retirement System—Non-occupational disability annuity

Any member who shall have at least ten (10) years of creditable service who shall become totally and permanently disabled because of a mental or physical condition, and as a result thereof shall be unable to discharge the duties of any assigned position in the service of the employer, shall be entitled to a non-occupational disability annuity. Retirement of the member shall occur upon his/her request or application, or upon petition of the head of his/her department or office while such member is in service, and in accordance with the rules covering disability annuities, provided in § 771 of this title.
The amount of the annuity shall be one and one-half percent (1 1 / 2 %) of the average compensation, multiplied by the number of years of creditable service up to twenty (20) years, plus two percent (2%) of the average compensation multiplied by the number of years of creditable service in excess of twenty (20) years.
History —May 15, 1951, No. 447, p. 1298, § 10; May 13, 1952, No. 427, p. 862, § 2; July 19, 1960, No. 136, p. 390; Feb. 16, 1990, No. 1, § 6; renumbered as § 2-109 and amended on Sept. 24, 1999, No. 305, § 18; Sept. 2, 2000, No. 302, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 770a - Employees Retirement System—Coordination of non-occupational disability annuity with social security benefits

Any participant who is receiving a non-occupational disability annuity from the System, as of the date he/she reaches the age of 65 and acquires a fully insured status under the United States Social Security Act and is eligible for the primary benefits of said Act, shall receive an annuity recomputed on the basis of the formula and subject to the conditions prescribed in § 766(e) of this title, without said recomputed annuity exceeding fifty percent (50%) of the average compensation.
History —May 15, 1951, No. 447, p. 1298, added as § 10-A on June 20, 1956, No. 70, p. 292, § 3; July 19, 1960, No. 136, p. 390; June 29, 1968, No. 160, p. 512, § 1; renumbered as § 2-110 and amended on Sept. 24, 1999, No. 305, § 19.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 772 - Employees Retirement System—Occupational death annuity

If death of a member shall arise out of and in the course of employment, from causes of a character compensable under §§ 1 et seq. of Title 11, the surviving spouse shall be entitled to receive an occupational death annuity equal to fifty percent (50%) of the member’s rate of compensation at date of death, payable during his or her widowhood. If the member first entered the System after April 1, 1990, his surviving spouse shall be entitled to receive an occupational death annuity equal to forty percent (40%) of the member’s rate of compensation at date of death, payable during his or her widowhood. If children of the member under eighteen (18) years of age or children pursuing studies also survive the member, the surviving spouse shall be entitled to receive an additional amount of ten (10) dollars per month on account of each such child, subject to the limitation of 100% of said rate of compensation for the combined payments to a surviving spouse and such children. If the spouse does not survive the member, or death of the surviving spouse occurs while in receipt of the annuity, and children of the member under eighteen (18) years of age or children pursuing studies survive, each such child shall be entitled to receive an annuity equal to twenty (20) dollars a month until attaining the age of eighteen (18) years, or until finishing his studies, subject to a maximum payment of 100% of the member’s rate of compensation at date of death, to all such children.
The annuities payable hereunder shall be additional to the compensation received by the surviving spouse and children of the member under the provisions of the Workmen’s Accident Compensation Act, §§ 1 et seq. of Title 11.
If the wife and children under eighteen (18) years of age or children who are studying do not survive the participant, the payments shall be made as provided in the first paragraph of § 773 of this title. If the sum of the payments made to a widow or children were less than the total payments provided in the first paragraph of § 773 of this title, the remainder shall be paid to the heirs of the deceased participant.
History —May 15, 1951, No. 447, p. 1298, § 12; June 12, 1957, No. 39, p. 90, § 3; July 19, 1960, No. 136, p. 390; Feb. 16, 1990, No. 1, § 8; renumbered as § 2-112 and amended on Sept. 24, 1999, No. 305, § 21.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 774 - Employees Retirement System—Refunds

Upon separation from service, provided such separation is permanent, any member who is not entitled to a retirement annuity shall be paid upon application, except as otherwise provided herein, a refund equal to the amount of his/her contributions to the system. Any member shall also be entitled to a refund of contributions made to a superseded pension fund, if any.
Contributions made on and after the operative date of the system and the contributions made to any superseded pension fund shall bear interest in the system at the current rate, as of July 1, 1957. The refund of contributions shall include the corresponding interest. Contributions of participants separated from service shall earn interest up to six (6) months after the date of the employee’s permanent separation.
Any member receiving a refund shall thereby forfeit and waive all accrued rights in the system. If such person again becomes an employee and a member of the system, he/she may repay the amounts previously received by him/her as a refund, together with current interest earned thereby for the period from the date of their refund to their return to the system. Upon such reimbursement, such member shall again receive credit for the period of accredited service which he/she forfeited upon his/her separation from service. The Administrator may grant a payment plan to refund contributions.
History —May 15, 1951, No. 447, p. 1298, § 14; Apr. 9, 1954, No. 7, p. 120; June 19, 1954, No. 73, p. 374, § 6; June 12, 1957, No. 39, p. 90, § 4; July 19, 1960, No. 136, p. 390; Feb. 16, 1990, No. 1, § 10; Aug. 28, 1992, No. 51, § 1; renumbered as § 2-114 on Sept. 24, 1999, No. 305, § 23.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 775 - Employees Retirement System—Administration

The system created by §§ 761–788 of this title shall be considered a trust. Any change in the benefit structure of the trust, which results in an increase in the amount of annuities or other benefits, shall be supported with prior actuarial studies to determine its cost, and the corresponding legislation shall provide for its financing.
A Board of Trustees is hereby created and established, which shall be responsible for the enforcement of the provisions of §§ 761–788 of this title. Said Board shall consist of eleven (11) members, four (4) of whom shall be ex-officio members, to wit: The Secretary of the Treasury, the Commissioner of Municipal Affairs, the President of the Government Development Bank for Puerto Rico, and the Director of the Director of the Human Resources Office. Three (3) members shall be appointed by the Governor of Puerto Rico for terms of three (3) years each, and shall perform their duties until a successor is appointed and takes office. Two (2) of these members shall be participants of the System created by §§ 761–788 of this title and the other one shall be a participant of the Retirement System of the Judiciary, both shall have at least ten (10) years of credited service on the date of their appointment. Of the remaining four (4) members, two (2) shall be pensioners of each system, appointed by the Governor for terms of three (3) years and shall perform their duties until a successor is appointed and takes office. The other two (2) members shall be the Chairs of the Federation of Mayors and the Association of Mayors of Puerto Rico, respectively.
The ex-officio members may designate delegates to represent them at meetings of the Board and in any other activities within their duties as members of the Board, except when the Chair of the Board requires their attendance.
The System hereby created shall be organized as an agency of the Government of Puerto Rico, independent and separate from others. Neither the Board of Trustees nor the Administration shall be subject to provisions of the “General Services Administration Act”, or of the “Office of Management and Budget Organic Act”; they shall, however, be individual Administrators under the provisions of §§ 1461 et seq. of this title, known as the “Puerto Rico Public Service Personnel Act”.
History —May 15, 1951, No. 447, p. 1298, § 15; June 28, 1961, No. 132, p. 283, § 1; May 26, 1975, No. 27, p. 51; Dec. 10, 1975, No. 14, p. 972, § 2; Feb. 16, 1990, No. 1, § 11; July 20, 1990, No. 16; May 21, 1992, No. 10, § 7; renumbered as § 4-101 on Sept. 24, 1999, § 32; July 6, 2011, No. 116, § 5, retroactive to July 1, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 778 - Employees Retirement System—Treasurer and legal counsel of System

The Secretary of the Treasury shall be the Treasurer of the System and shall:
(a) Act as the official custodian of the cash belonging to the System and hold said cash subject to the orders of the Board;
(b) receive all cash items belonging to the System; and deposit all the amounts of capital and interest collected of the investments made by the Administrator in a special trust fund maintained in the name of the System;
(c) make payments for purposes specified in this act in accordance with the orders and authorization of the Administrator, and
(d) submit such periodic reports as the Board may require.
The System’s Legal Division shall represent the System in any judicial proceedings including lawsuits, trials, actions, and proceedings related to the investments made by the Administrator as specified in §§ 779a and 779c of this title. The Department of Justice shall continue to handle any pending legal proceeding at the time of approval of this act until its resolution, along with an attorney of the Retirement System Legal Division, and both shall be equally responsible for the defense and processing thereof.
The Administrator, with approval of the Board, shall contract with attorneys to provide necessary legal resources to carry out the purposes of §§ 761-788 of this title or to represent the System in any complaint, cause of action or judicial or administrative proceeding, or any other proceeding related to the affairs of the System or affecting the interests of the System. The Administrator may also use internal legal resources of the System for these purposes.
The Secretary of the Treasury shall have jurisdiction over the accounts of the System, as well as over all vouchers and property pertaining thereto. The installation of the books, accounts and records of the System shall be made under his direction. The Secretary of the Treasury shall make a complete audit and examination of the books, accounts and records of the System each year, to the extent of verifying the receipts and disbursements and all assets and liabilities of the System. Such an audit shall inquire into the methods and policies of operation so as to determine whether the same conform to the requirements of the provisions of §§ 761 et seq. of this title and the regulations adopted by the Board.
History —May 15, 1951, No. 447, p. 1298, § 18; May 23, 1967, No. 51, p. 239; June 12, 1978, No. 44, p. 143, § 2; Feb. 16, 1990, No. 1, § 12; renumbered as § 4-104 and amended on Sept. 24, 1999, No. 305, art. 33; July 6, 2011, No. 116, § 6, retroactive to July 1, 2011.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 779b - Employees Retirement System—Depositary

(1) All obligations of the Government of the United States or of its states and subdivisions, or other investments originated within the limits of the United States, that are owned by the System, shall be placed in custody of a special depositary which provides the needed security and is within the limits of the continental United States. The bonds, mortgages and other evidence of indebtedness owned by the System and that have been issued and originated in Puerto Rico shall be held in the custody of the Administrator, it being understood that all or any of the securities mentioned may be transferred to the custodial agent of the Secretary of the Treasury of Puerto Rico in the continental United States, or to the Secretary of the Treasury in Puerto Rico, in the event that the Administrator determines that such transfer is necessary or desirable. The designation of one or more banks as custodians shall have the approval of the Secretary of the Treasury.
(2) All obligations owned by the System outside the territory of the United States shall be placed in the custody of a special depositary that offers adequate security and is within the convenient territorial limits.
History —May 15, 1951, No. 447, p. 1298, added as § 19B on June 29, 1988, No. 46, § 3; renumbered as § 4-107 on Sept. 24, 1999, No. 305, § 36.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 779b-1 - Preservation of benefits

(a) Benefits of System Participants, under §§ 761-788 of this title, who retire on or before June 30, 2013 shall not be modified, including benefits received or to be received by their beneficiaries in the event of the participant’s death.
(b) The right of every participant who, as of June 30, 2013 was eligible to receive a deferred pension for meeting all the requirements thereof, to receive such pension regardless of whether he/she has applied therefor, is hereby preserved.
(c) The right of every employee who has applied for a disability pension prior to the effective date of this act and is pending evaluation by the System is hereby preserved.
(d) In the case of a pensioner who had reentered public service before June 30, 2013, his/her contributions up to such date shall be preserved, in accordance with the option made under subsection (c) of § 766 of this title. Once he/she permanently separates from service, the benefit under the aforementioned subsection (c) of § 766 of this title shall be granted on the basis of the salaries earned and contributions made until June 30, 2013; Provided, That after July 1, 2013, he/she shall be transferred to the Defined Contribution Hybrid Program established in §§ 787a-787o of this title.
(e) The provisions of subsection (c) of § 766 of this title, shall apply to every pensioner who reenters public service after July 1, 2013.
History —May 15, 1951, No. 447, p. 1298, added as § 4-108 on Apr. 4, 2013, No. 3, § 29, eff. July 1, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 779b-2 - Filing of applications before June 30, 2013

Every System participant interested in applying for a retirement transaction before the benefits preservation date, that is, June 30, 2013, shall file such application with the Administration of the Employees Retirement System of the Government and the Judiciary. The Administrator shall establish the procedure to process such applications.
History —May 15, 1951, No. 447, p. 1298, added as § 4-109 on Apr. 4, 2013, No. 3, § 30.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 779c - Employees Retirement System—Regulations

The Board of Trustees shall adopt regulations for the administration of the investments in capital markets and loans to employees authorized by §§ 779-779c of this title. The regulations for investments in capital markets shall include the following without it being understood as a limitation:
(1) The criteria, requirements and conditions for the selection, contracting, and evaluation of the performance of the managers of funds and custodial banks, that shall be contracted to perform the investments authorized by §§ 779-779c of this title.
(2) The investment policy for the resources of the System in capital markets.
(3) The norms for the administration, lease, sale, encumbrance or execution of real estate acquired to generate income.
History —May 15, 1951, No. 447, p. 1298, added as § 19C on June 29, 1988, No. 46, § 4; renumbered as § 4-108 on Sept. 24, 1999, No. 305, § 36.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 780 - Repealed. Act April 4, 2013, No. 3, § 8, eff. July 1, 2013

History —May 15, 1951, No. 447, p. 1298, added as § 20 on Feb. 16, 1990, No. 1, § 14; renumbered as § 2-115 on Sept. 24, 1999, No. 305, § 24; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 781 - Repealed. Act April 4, 2013, No. 3, § 8, eff. July 1, 2013

History —May 15, 1951, No. 447, p. 1228, added as § 21 on Feb. 16, 1990, No. 1, § 15; renumbered as § 2-116 and amended on Sept. 24, 1999, No. 305, § 25; July 6, 2011, No. 116, § 3, retroactive to July 1, 2011; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 783 - Employees Retirement System—Payments from State Insurance Fund, Industrial Commission, and Isabela Irrigation Service

The State Insurance Fund, the Industrial Commission and the Isabela Irrigation System shall pay the contributions related to its employees from its general funds, pursuant to the provisions of § 781 of this title.
History —May 15, 1951, No. 447, p. 1298, added as § 22A on Apr. 30, 1952, No. 177, p. 362, § 2; renumbered as § 2-117 and amended on Sept. 24, 1999, No. 305, § 26.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786 - Employees Retirement System—Monthly payments; life annuities

Any disability retirement annuity, or any other annuity provided in this chapter, shall be payable for life, in equal monthly installments, and shall not be increased, decreased, revoked or repealed, except when it has been granted through an error, or when it is explicitly provided otherwise. The cost of providing death benefits granted upon the death of a retiree who receives a retirement annuity, shall not be charged to the life annuity payable to the member.
The first payment of any annuity shall be made for the fraction of a month remaining until the end of the first month; and the last payment shall be made up to the end of the month that the death of the participant occurs.
The employers shall be bound to submit to the Administration all the required documentation within sixty (60) days following the date of the request for retirement benefits or liquidation of funds is filed. The Administration shall process the request for retirement benefits or liquidation of funds within sixty (60) days following the filing of the request with all the documentation as required by the Retirement System.
If an employer does not comply with the obligation established in this section, he/she would be liable for the payment to the participant of an amount equivalent to one (1) month of the salary that the participant received on the date the request for retirement benefits or liquidation of funds was filed.
History —May 15, 1951, No. 447, p. 1298, § 25, renumbered as § 2-120 on Sept. 24, 1999, No. 305, § 29; July 20, 2000, No. 124, § 1; renumbered as § 2-118 on April 4, 2013, No. 3, § 10, eff. July 1, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786-1 - Retirement Savings Account Program—Creation

(a) Creation of the Program.— A Retirement Savings Account Program is hereby created which consists in the establishment of a savings account for each participant of the System who becomes a part of said program as provided in this §§ 786-1 through 786-12 of this title. The contributions of each participant of the Program and the investment yield shall be credited to the savings account pursuant to § 786-7 of this title. The benefits to be provided to each participant upon separation from the service, whether by retirement or otherwise, shall depend on the total accrued in the savings account.
(b) Participants of the Program.— The following persons shall participate in the Program:
(1) Every new employee who enters the System for the first time on or after January 1, 2000.
(2) Every person who has been a participant of the System before January 1, 2000, has been separated from the service before, on, or after January 1, 2000, has received reimbursement of his/her contributions to the System pursuant to § 774 of this title, and after December 31, 1999, becomes an employee and a participant of the System.
(3) Every person who is an employee and a participant of the System as of December 31, 1999, and avails him/herself of the transfer option granted by § 786-2 of this title.
(4) Every person who is an employee and a member of an employer retirement system as of December 31, 1999, and after that date becomes a participant of the System and avails him/herself of the transfer option granted by § 786-2 of this title.
History —May 15, 1951, No. 447, p. 1298, added as § 3-101 on Sept. 24, 1999, No. 305, § 30.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786-2 - Retirement Savings Account Program—Transfer

(a) Transfer to the Program.— Every employee who is a participant of the System as of December 31, 1999, and every employee who is a member of an employer retirement system as of December 31, 1999, and who after said date becomes a participant of the System, may choose to waive the benefits provided under this chapter and any other act that supplements this chapter, and commences his/her participation in the Program, effective January 1, 2000, or on the date he/she commences to participate in the System, respectively, as provided in this section. The employee’s determination to avail him/herself of the transfer option or not, is irrevocable. The savings account of every employee who participates in this System, or who participates in any other employer system and chooses to change to the Program, shall be initially credited with the amounts provided in § 786-7(a)(1) of this title.
(b) Notice of the transfer option.— The Administrator shall notify the employees who are participants of the System as of December 31, 1999, and every employee who is a member of an employer’s retirement system as of December 31, 1999, and subsequently becomes a participant of the System, of the right to avail him/herself of the transfer option. The notice must be made on the date, and contain such information that be established by the Board.
(c) Exercise of the transfer option, irrevocability.— Once the employees are notified as provided in subsection (b) of this section, they shall inform the Administrator of their decision to exercise the transfer option granted by this section or not, in the form, manner and on the date established by the Administrator. It shall be construed that any persons not exercising the transfer option in the form, manner, and on the date the Administrator provides, have chosen not to avail themselves of the transfer option.
History —May 15, 1951, No. 447, p. 1298, added as § 3-102 on Sept. 24, 1999, No. 305, § 30.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786-3 - Retirement Savings Account Program—Establishing accounts

The Administrator shall establish and maintain a savings account for each participant of the Program in the System, which shall be credited and debited pursuant to §§ 786-7 and 786-8 of this title.
History —May 15, 1951, No. 447, p. 1298, added as § 3-103 on Sept. 24, 1999, No. 305, § 30.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › §§ 786-4 - , 786-5. Repealed. Act April 4, 2013, No. 3, § 8, eff. July 1, 2013

History —May 15, 1951, No. 447, p. 1298, added as § 3-104 on Sept. 24, 1999, No. 305, § 30; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786-5 - Retirement Savings Account Program—Employer contributions [Repealed]

History —May 15, 1951, No. 447, p. 1298, added as § 3-105 on Sept. 24, 1999, No. 305, § 30; July 6, 2011, No. 116, § 4, retroactive to July 1, 2011; Repealed. Act.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786-6 - Retirement Savings Account Program—Employer obligations, sanctions

Every employer who is bound to deduct and withhold the contributions of the participants of the Program and make contributions to the System pursuant to the provisions of §§ 786-1 through 786-12 of this title, shall have the following obligations:
(a) Obligation to deduct and withhold the contributions of the participants and remit the employer and participants contributions to the System.— Every employer of a participant of the Program shall deduct and withhold the contributions provided in § 786-4 of this title from the salary of the participant. The Secretary of the Treasury, or any paymaster of the employer, is hereby authorized to make the deductions, even if the salary to be paid in cash to the participant as a result of these deductions is reduced to less than any minimum prescribed by law. The contributions of the participants of the Program shall be remitted by the employer along with the employer contributions that the employer is bound to make to the System, on or before the fifteenth day of the month following the date the withholding was made, as provided in § 786-5 of this title. The Administrator shall establish the form and manner that the contributions shall be remitted.
(b) Liability for the contributions.— Every employer that is bound to deduct and withhold the contributions of the participants of the Program and to remit the contributions of the participants and the employer provided in §§ 786-1 through 786-12 of this title, shall be liable to the System for the full payment of said contributions. If the employer should fail to make the deduction or remit the contributions, the sums that should have been withheld and the unpaid contributions shall be collected from the employer by the Administrator, following the procedure established in § 781a of this title.
(c) Interest on indebted contributions.— Every employer who does not remit his/her contributions and those of the participants of the Program within the established term, shall be liable to the System for the payment of interest on the indebted contribution from the day the contribution should have been remitted to the System until the date that the contribution is remitted, at the rate determined by the Board. Interest owed by an employer shall be collected by the Administrator following the procedure established in § 781a of this title.
(d) Crediting of investment yield.— If an employer does not remit the contributions of the participants of the Program within the established term, the Administrator shall credit the investment yield to the account of the participants of the Program affected thereby, as of the date set for the employer to remit the contributions, pursuant to § 786-7(a)(3) of this title.
History —May 15, 1951, No. 447, p. 1298, added as § 3-106 on Sept. 24, 1999, No. 305, § 30.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786-8 - Retirement Savings Account Program—Savings account debits

The Administrator shall debit the savings account established for each participant of the Program for record-keeping expenses and those sums used for the purchase of an annuity for the payment of benefits or to make a global distribution pursuant to §§ 786-9 and 786-10 of this title. Once the annuity is purchased or the total balance of the savings account is distributed, the account shall cease to exist. The Administrator shall also be authorized to debit the account of the participant for the amount of the disability insurance premium or any other type of insurance through a program established to such effects by the Administrator and of which the participant avails himself whether voluntarily or compulsorily.
History —May 15, 1951, No. 447, p. 1298, added as § 3-108 on Sept. 24, 1999, No. 305, § 30; Sept. 15, 2004, No. 296, § 9; renumbered as § 3-106 on April 4, 2013, No. 3, § 13, eff. July 1, 2013.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786-10 - Retirement Savings Account Program—Benefits upon separation from service; death, disability or terminal illness

(a) Separation from service by death.— The balance in the savings account of every participant of the Program who dies shall be paid in one single lump sum to the person or persons that the participant has designated as beneficiary in the form and manner established by the Administrator. In the event that the participant had not designated any person as his/her beneficiary, the balance of the savings account shall be paid in a single lump sum to the persons entitled thereto under the applicable law provisions on community property, joint ownership, and estate.
(b) Separation from service by disability or terminal illness.— The balance in the savings account of every participant of the Program who is permanently separated from service due to total and permanent disability as provided in this chapter, who is separated from service due to disability pursuant to §§ 376 et seq. of Title 25, or due to terminal illness, as determined by the Administrator, shall be distributed to the participant by the Administrator, at the option of the participant, in a lump sum, or through the purchase of an annuity contract, or any other optional form of payment pursuant to § 786-9 of this title.
(c) Date of purchase of the annuity contract and commencement of distribution.— The purchase of any annuity contract provided in this section shall be made after the separation from service due to total and permanent disability, disability under §§ 376 et seq. of Title 25, or terminal illness, but not later than sixty (60) days from that date. Monthly payments provided in this section shall commence after the separation from service due to total and permanent disability, but not later than ninety (90) days from that date. The single lump sum distribution of the savings account of the participant of the Program shall be made not later than sixty (60) days from the date the participant of the Program is permanently separated from service.
History —May 15, 1951, No. 447, p. 1298, added as § 3-110 on Sept. 24, 1999, No. 305, § 30.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 33 - Retirement of Government Personnel (§§ 761 — 830q) › § 786-12 - Retirement Savings Account Program—Uniform Securities Act; application

The interest of any participant in the Program shall not constitute a security for the purposes of §§ 851 et seq. of Title 10, known as the “Uniform Securities Act”.
History —May 15, 1951, No. 447, p. 1298, added as § 3-112 on Sept. 24, 1999, No. 305, § 30.