reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2317 - Processes of rendering services

The agencies of the Government of the Commonwealth of Puerto Rico shall facilitate the processes of rendering services to employees referred by the Assistance Programs for Employees and their Immediate Family Members.
History —Aug. 11, 2002, No. 167, § 7; Oct. 1, 2007, No. 140, § 7, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2318 - Mental Health and Addiction Services Administration— Advice and technical assistance

The Mental Health and Addiction Services Administration “ASSMCA” shall be responsible to actively foster and offer the advice and the technical assistance needed for the establishment and development of Assistance Programs for Employees and their Immediate Family Members in agencies of the Commonwealth Government, as well as municipal governments and private enterprises which thus request it.
History —Aug. 11, 2002, No. 167, § 8; Oct. 1, 2007, No. 140, § 8, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2319 - Mental Health and Addiction Services Administration— Advice and technical assistance; service contracts

The advice and technical assistance to private enterprises shall be provided prior to the legalization of the service contracts as provided in § 402e of this title, known as the “Mental Health and Addiction Services Administration Act”, which provides that the Administration shall have the power to generate its own resources and to charge third parties for the services rendered.
History —Aug. 11, 2002, No. 167, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2320 - Mental Health and Addiction Services Administration— Establishment and operation of programs

The Mental Health and Addiction Services Administration “ASSMCA” shall be responsible for overseeing the establishment and operation of the Assistance Programs for Employees and their Immediate Family Members in the dependencies of the Commonwealth Government, according to the established standards, and to keep a register of those programs developed with its assistance and advice in the municipal governments and private enterprises. In those government agencies where Assistance Programs for Employees and their Immediate Family Members already exist, the Mental Health and Addiction Services Administration shall evaluate the same and make recommendations that it deems pertinent in order to render them more effective and as uniform as possible; in addition, it shall ensure that such program complies with the provisions of the regulations promulgated by virtue of this chapter.
History —Aug. 11, 2002, No. 167, § 10; Oct. 1, 2007, No. 140, § 9, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2321 - Training

The Mental Health and Addiction Services Administration “ASSMCA” shall coordinate in order for the Assistance Programs for Employees and their Immediate Family Members to learn about the services offered in the different government dependencies, for which it shall create [an] Interagency Committee which shall meet quarterly. The Human Resources Office of the Commonwealth of Puerto Rico, (ORHELA, Spanish acronym), in coordination with the Mental Health and Addiction Services Administration “ASSMCA” shall offer training to the employees of the agencies that have developed or are developing Assistance Programs for Employees and their Immediate Family Members, according to the identified needs.
History —Aug. 11, 2002, No. 167, § 11; Oct. 1, 2007, No. 140, § 10, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2322 - Regulation

In order to render this chapter more effective, the Mental Health and Addiction Services Administration “ASSMCA” shall approve regulations in which, among other things, there shall be established the type of minimum service that the Government agencies shall provide under the Assistance Programs for Employees and their Immediate Family Members, the responsibilities assigned thereto, the procedures to be followed and the penalties for noncompliance which shall be established in those government agencies or entities that fail to comply with this chapter. Such regulations shall also regulate the access to the confidential records of employees that are kept in the Assistance Programs for Employees and their Immediate Family Members and the access to the keys of said offices owing to the confidential information that will be documented therein. In addition, such regulations shall include the professional and ethical standards which shall be observed by the professional rendering services in the Assistance Programs for Employees and their Immediate Family Members. In addition to the foregoing, the Mental Health and Addiction Services Administration “ASSMCA” shall include in the regulation everything it deems pertinent to establish this chapter effectively.
The Mental Health and Addiction Services Administration “ASSMCA” and the Central Labor Advisory and Human Resources Office of the Commonwealth of Puerto Rico, (ORHELA, Spanish acronym), shall also have the obligation to create, write, publish and distribute a Manual of Norms and Procedures for the Assistance Programs for Employees and their Immediate Family Members, based upon the regulations promulgated for such purposes pursuant to this chapter, which defines the Assistance Programs for Employees and their Immediate Family Members harmoniously and uniformly.
Each government dependency, in turn, shall approve an internal regulation for the administration of the Assistance Programs for Employees and their Immediate Family Members. The regulations of the government dependency shall be based upon this chapter and the regulations approved by the Mental Health and Addiction Services Administration.
History —Aug. 11, 2002, No. 167, § 12; Oct. 1, 2007, No. 140, § 11, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2323 - Follow-up and quality control system

The Mental Health and Addiction Services Administration shall establish a follow-up and control system in order to verify that the Assistance Programs for Employees and their Immediate Family Members has been started in every government dependency.
History —Aug. 11, 2002, No. 167, § 13; Oct. 1, 2007, No. 140, § 12, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2324 - Annual reports

Each agency shall render reports on the operation of the Assistance Programs for Employees and their Immediate Family Members annually to the Mental Health and Addiction Services Administration “ASSMCA” and the latter, in turn, shall render a report to the Governor annually.
History —Aug. 11, 2002, No. 167, § 14; Oct. 1, 2007, No. 140, § 13, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 78 - Assistance Programs for Employees and their Immediate Family Members (§§ 2311 — 2325) › § 2325 - Establishment

Government dependencies shall have a term of six (6) months, after the approval of the regulations by the Mental Health and Addiction Services Administration “ASSMCA”, to establish an Assistance Program for Employees and their Immediate Family Members. Those government agencies in which an Assistance Program for Employees and their Immediate Family Members exists prior to the approval of this act, shall continue to provide services to the employees and shall have the same six (6) month term to temper their Programs to the regulations approved by virtue of this chapter by the Mental Health and Addiction Services Administration “ASSMCA”.
The municipal governments of the Commonwealth of Puerto Rico may establish Assistance Programs for Employees and their Immediate Family Members upon the corresponding contribution for the Program appropriated by the Municipal Legislature and signed by the mayor of such municipality. Provided, however, That these are compelled to exercise their best efforts and implement the Assistance Program for Employees and their Immediate Family Members within a term not to exceed three (3) years commencing on July 1, 2007, if an Assistance Program is not already operating.
History —Aug. 11, 2002, No. 167, § 15; Oct. 1, 2007, No. 140, § 14, retroactive to July 1, 2007.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2502 - Liaison for employee assistance in agencies; designation and duties

Every Secretary, Administrator, Director and Head of the Agencies shall designate a qualified person to serve as Liaison for Employee Assistance and shall coordinate everything that is related to the Controlled Substances Detection Tests Program established in this chapter. A Liaison shall be designated for each organization constituted under any Reorganization Plan.
Each agency shall coordinate with the Mental Health and Addiction Services Administration such guidance and assistance needed by the Liaison for Employee Assistance to implement and develop the Program, pursuant to the established standards.
The person designated as Liaison for Employee Assistance, is hereby authorized to extend his/her services, according to the available resources, to handle other situations that affect the mental and physical health of officials and employees, such as alcohol abuse.
History —Aug. 14, 1997, No. 78, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2503 - Tests prior to employment

Every agency or public safety agency of the Government of Puerto Rico shall require the presentation of a certified report of the results of a controlled substances detection test as a prior requirement for employment, as part of a medical evaluation designed to determine the general health of the candidates to employment.
Said test shall be administered by any laboratory no later than twenty-four (24) hours from the moment the agency requires it from the candidate who has been pre-selected to hold a public service position, and the test shall be paid by the agency or public safety agency.
The refusal of any candidate for employment to submit to said test, to said test, or a positive result thereof certified by the laboratory in question, shall be sufficient cause to deny him/her employment.
Each agency shall establish the necessary regulations to implement this provision.
History —Aug. 14, 1997, No. 78, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2504 - Establishment

The Secretaries, Administrators, Directors and Heads of Agencies of the Executive Branch shall establish permanent Programs for the detection of controlled substances, which use reliable tests that allow the identification of officials and employees that use drugs, to treat and rehabilitate them in those cases that are provided by this chapter, so that they can perform their functions and duties in the public service faithfully and reliably.
These Programs shall be established in consultation with the Central Personnel Administration Office, the Mental Health and Addiction Services, the Forensic Sciences Institute, and the Department of Labor and Human Resources. All regulations shall be approved by the Department of Justice, which shall be responsible for evaluating their legality pursuant to the specific needs of each agency and public service agency. If the Department of Justice has not received the regulations of some agency when this act becomes effective, said agency shall adopt the model regulations that shall be drafted by the Department of Justice to such ends.
All agencies that are a part of an organization constituted under a Reorganization Plan shall adopt the same regulations under a single Program.
Those agencies that have established a testing program to detect the use of controlled substances as of the date of approval of this act, may keep them in effect, provided said program meets all the requirements consigned in this statute. To such ends, they shall review said programs and their regulations with the purpose of conforming them to the provisions of this chapter before it becomes effective.
History —Aug. 14, 1997, No. 78, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2506 - Administration of tests—Agencies

Every official or employee may be submitted to a test for the detection of controlled substances when one of the following circumstances occur:
(1) There is an accident in the workplace related to his/her functions and during working hours, which can be directly attributed to the public official or employee.
In this case, the tests shall be administered within a period of twenty-four (24) hours after the accident occurred, and if the official or employee is found in a state of unconsciousness or is deceased, a sample of blood or any other bodily substance may be taken to allow the detection of the presence of a controlled substance.
(2) That there is a individualized reasonable suspicion by at least two (2) supervisors of the official or employee, one of which shall be a direct supervisor.
In this case, the tests shall be administered no later than thirty-two (32) hours from the last observation or perception of abnormal or erratic conduct that generates the individualized reasonable suspicion.
Any of the two (2) supervisors shall keep a record that shall remain in custody of the liaison officer, or in its defect, in the office of the secretary, administrator, director or head of the agency, in which he/she shall note all the incidents that generate suspicion that an official or employee is performing his/her functions under the effects of controlled substances. These records shall be governed under the confidentiality standards contained in § 2512 of this title.
When the qualified official designated by the secretary, administrator, director or head of the agency, in consultation with the liaison ascertains that it is pertinent to administer the controlled substances detection tests, he shall proceed to order it.
The records of the officials or employees to whom no tests are administered for the detection of controlled substances for a term of six (6) months after registering the first incident, shall be destroyed.
(3) That the official or employee holds a sensitive position or office in the government as said term is defined in this chapter.
In this case, controlled substances detection tests can be administered periodically to the official or employee.
(4) That the official is the one designated by the secretary, administrator, director, or head of the agency to order the administration of tests, to wit, the liaison officer. In this case, periodic controlled substances detection tests may be administered to the official or employee.
(5) That the official or employee has shown a positive result to a first test and subsequent follow-up tests are required.
(6) That the official or employee decides to submit voluntarily to controlled substances detection tests without it having been required in any way as a condition to keep his/her job or to enjoy the rights and benefits that legally correspond to him/her.
History —Aug. 14, 1997, No. 78, § 9; Nov. 9, 1998, No. 273, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2507 - Administration of tests—Sensitive agencies and programs

Every official or employee of a public safety agency or program, as said term is defined in this chapter, including the head, deputy head and director thereof, can be administered controlled substances detection tests periodically.
History —Aug. 14, 1997, No. 78, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2508 - Disputable presumption

The unjustified refusal of an official or employee to submit to the controlled substances detection tests when required to do so pursuant to the provisions of this chapter, shall activate a disputable presumption that the result would have been positive.
History —Aug. 14, 1997, No. 78, § 11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2509 - Procedure

The procedure for administering controlled substance detection tests shall meet the following requirements:
(a) The Institute of Forensic Science shall be the first option to be considered by the departments, agencies, and public corporations and instrumentalities of the Commonwealth of Puerto Rico for the administration and analysis of their employees’ controlled substance detection tests while it maintains competitive prices. However, if the Institute of Forensic Science cannot meet or improve on the price of a bona fide competitor, or if it lacks the resources for a specific contract, the agencies may then consider contracting another qualified entity to render said service. The foregoing shall not affect the rendering of services under contracts in effect to perform controlled substance detection tests at the time of the approval of this act.
(b) The samples shall not be submitted to any type of tests except those that are needed to detect controlled substances, as defined in § 2501 of this chapter.
(c) The test shall be administered according to scientifically accepted analytic and chain of custody procedures of the sample, whereby the privacy of the official or employee in question are protected to the maximum. The degree of intrusion shall not be greater than what is needed to prevent its contamination and preserve the chain of custody.
[(d)] The official or employee shall be advised in writing that if he so wishes, part of the sample may be turned over to a laboratory of his/her choice so that an independent analysis can be made of it. In any case, the official or employee shall have the opportunity to inform any relevant data prior to the test for the interpretation of the results, including the use of medically-prescribed drugs and non prescription drugs.
He/she will also be advised that he/she is entitled to obtain a copy of the controlled substance detection test results; to contest the determination of reasonable suspicion that gave rise to the testing; to contest the positive corroborated results at a hearing, and introduce evidence showing that he has not used controlled substances illegally.
(e) All results shall be certified by the entity that analyzed the sample before being informed to the agency. When a positive result is involved, the sample must be submitted to a second corroborative analysis, and a qualified Official Medical Reviewer shall study it, taking into account the medications that the official or employee reported that he/she used, and shall certify the results according to his/her observation and analysis.
(f) Any time needed for the official or employee to be administered the controlled substances detection tests shall be deemed as time worked.
History —Aug. 14, 1997, No. 78, § 12; July 30, 2013, No. 91, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2510 - Orientation, treatment and rehabilitation; agencies

(a) The agencies shall require said official or employee whose drug test shows corroborated positive results, to participate in an orientation, treatment and rehabilitation plan which shall be mandatory adopted by the agencies and to which he/she shall be referred by the liaison. The official or employee may opt to submit to said treatment and rehabilitation in any public or private institution certified for said purpose. In case the official or employee opts for the latter, he/she shall be responsible for the cost of the treatment and rehabilitation, unless his/her health insurance policy can defray it.
(b) Said official or employee can be periodically submitted to additional tests as part of the treatment and rehabilitation plan.
(c) Refusal to participate in the rehabilitation plan or submit to the tests required as part of the treatment, as well as the presence of controlled substances in the results of the additional tests to which he/she is submitted, shall be deemed sufficient cause for corrective action or disciplinary action against the official or employee, beyond a mere verbal admonishment or written reprimand, according to applicable legislation and regulations, and pursuant to the provisions of this chapter.
(d) The agency shall guarantee to each official and employee that as long as he/she complies with the prescribed treatment and rehabilitation, he/she shall continue to work, provided that it does not endanger the public health and safety.
(e) In those cases in which the there is a risk to his/her health and safety or that of the other employees of the agency if the official or employee remains at work, the same conditions established in subsection (f) of this section shall apply.
(f) In those circumstances in which the official or employee requires time off to receive treatment in those cases provided in the above subsection of this section, the time during which he/she is absent, shall first be charged to accrued sick leave. If he/she does not have any accrued sick leave, it shall be charged to his/her accrued compensatory leave or vacation leave, and finally, he/shall be granted leave without pay for a maximum term of six (6) months.
(g) In the case of a recidivist official or employee, the agency shall not have to comply with the orientation, treatment and rehabilitation requirement established in this chapter. In this case, the agency shall not have to grant the benefit of compensatory time, vacation leave and leave without pay provided in this section nor absorb the treatment and rehabilitation costs, and it shall proceed as provided in § 2510 of this title.
(h) Those officials or employees who, by exception, are removed as established in this chapter, shall be referred to the treatment and rehabilitation programs provided by the State.
History —Aug. 14, 1997, No. 78, § 13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2511 - Dismissal or removal as exception; procedural guarantees

(a) Any official or employee of an agency who shows a positive first result in a controlled substances detection test, shall be suspended immediately without depriving him/her of his/her pay or remuneration, until a hearing is held with the minimum procedural guarantees contemplated in subsection (b) of this section.
If after the hearing is held, the original determination that is adverse to the official or employee is upheld, the Agency shall proceed in accordance with the provisions of § 2510 of this title.
(b) No official or employee shall be dismissed or removed from the position or office he/she holds for showing a positive corroborated result in the initial controlled substance test. Nevertheless, as an exception, the official or employee may be dismissed or removed:
(1) When due to the inherent nature of the job, the detected condition is unequivocally incompatible with the effective performance of the functions and duties of the position or office.
It is hereby declared that every position or office in any public safety agency or program is unequivocally incompatible with the use of controlled substances.
(2) When the official or employee holds a sensitive office or position; Provided, That in such a case, suspension without pay, or any other sanction or corrective measure provided by regulations, can be an option.
(3) When the official is the one designated by the secretary, administrator, director or head of the agency to order the tests to be administered, to wit, the liaison; Provided, That in such a case, suspension without pay, or any other sanction or corrective measure provided by regulations, can be an option.
(4) When the official or employee refuses to participate in the rehabilitation plan adopted by the agency when required to do so; Provided, That in such a case, suspension without pay, or any other sanction or corrective measure provided by regulations, can be an option.
(5) In the case of an official or employee who is a recidivist; Provided, That in such a case, suspension without pay, or any other sanction or corrective measure provided by regulations, can be an option.
(c) In all cases that corrective measures, disciplinary measures, suspensions, dismissals or removals are provided, minimum procedural guarantees of due notice and hearing must be met, where the official or employee shall have the opportunity to be heard; to offer evidence in his/her behalf, and refute the evidence presented against him/her, and can present allegations in his/her favor. Said hearing shall be held no later than twenty (20) days from the date the notice of the corrective measure, disciplinary action, suspension, dismissal or removal is given.
History —Aug. 14, 1997, No. 78, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2512 - Confidentiality of the results and of the records of incidents

Any information, form, report, interview or statement related to the results of the drug tests, and the records of incidents that generate a suspicion that an official or employee is performing his/her functions under the effects of a controlled substance, shall be deemed to be “confidential information” and shall not be revealed, except:
(a) To the official or employee who has been submitted to testing;
(b) to any person designated by him/her, in writing, to receive said information;
(c) to officials or employees designated by the agency for such purpose, and
(d) the providers of treatment and rehabilitation plans for the users of controlled substances, when the official or employee gives his/her express consent.
The agency shall use the greatest diligence in maintaining custody and preserving the confidentiality of the results.
History —Aug. 14, 1997, No. 78, § 15.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2513 - Use of results in administrative, civil or criminal procedures

No positive result of the controlled substances detection tests administered by an agency may be used as evidence in an administrative, civil or criminal process against the official or employee, except when the results or the procedure used in the test through which the results were obtained, are challenged.
History —Aug. 14, 1997, No. 78, § 16.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2514 - Revisions and appeals of the determinations of the agency

The official or employee can review or appeal the determinations of the agency related to the controlled substances detection tests contemplated in this chapter, as provided in §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedure Act of the Commonwealth of Puerto Rico”, or pursuant to the provisions of the organic act of the agency or applicable laws.
History —Aug. 14, 1997, No. 78, § 17.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2515 - Liability of the Commonwealth

Every Commonwealth agency that discriminates against an official or employee in contravention of the provisions of this chapter, or that does not comply with the confidentiality standards established herein, shall cause the Commonwealth to be liable for the damages caused to the official or employee, according to the provisions of §§ 3077—3084 of Title 32 known as the “Act on Claims and Suits Against the Commonwealth”.
The Court of First Instance may order the agency to reinstate the official or employee in his/her job or office, in the judgment issued in civil suits filed under the preceding provisions.
History —Aug. 14, 1997, No. 78, § 18.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2516 - Civil liability of the Commonwealth

None of the provisions of this chapter shall authorize suits for damages against the Commonwealth or its officials or employees, for any action or determination motivated by a certified result of a controlled substances detection test administered by a private entity.
History —Aug. 14, 1997, No. 78, § 19.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2517 - Sanctions and penalties

The violation of any of the provisions of this chapter shall bring about the imposition of any of the following administrative sanctions: written admonishment; suspension from work and pay, removal, or dismissal.
Nevertheless, any person who knowingly and willfully divulges or makes improper use of information related to the results obtained in the administration of controlled substances detection tests, as provided in this chapter, or who violates its provisions or the regulations promulgated hereby, shall be guilty of a felony, and upon conviction, shall be sanctioned for each violation by imprisonment for a fixed term of one (1) year, or a fine of two thousand dollars ($2,000), or both penalties at the discretion of the court.
Should there be aggravating circumstances, the fixed penalty thus established can be increased to a maximum of two (2) years, or up to five thousand dollars ($5,000), or both penalties at the discretion of the court.
If there were extenuating circumstances, the penalty could be reduced to a minimum of six (6) months and one (1) day, or to one thousand dollars ($1,000), or both penalties at the discretion of the court.
Any person thus convicted shall be barred from holding any public office or position, subject to the provisions of the Puerto Rico Public Service Personnel Act.
The offenses established herein shall prescribe after five (5) years.
History —Aug. 14, 1997, No. 78, § 20.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2518 - Labor organizations in public corporations

When there is a labor organization in a public corporation or dependency which represents the officials or employees in an appropriate collective bargaining unit, which is duly certified by the local or federal Labor Relations Board, the drug testing procedure shall be subject to the provisions of this chapter, or what has been agreed upon through a collective bargaining agreement, which shall not be less restrictive than what is contained in this chapter.
History —Aug. 14, 1997, No. 78, § 21.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2519 - Prohibition of discrimination

No discrimination shall be established in the implementation or the operation of the provisions of this chapter, for race, color, sex, birth, national origin or social condition, or political or religious beliefs.
History —Aug. 14, 1997, No. 78, § 22.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 81 - Controlled Substances Detection Tests in the Public Sector Workplace (§§ 2501 — 2520) › § 2520 - Legislative and Judiciary Branches

Without it being construed as an impairment of the autonomy conferred by the Constitution of Puerto Rico, the Legislative and Judiciary Branches shall adopt controlled substances detection programs within one (1) year from the effectiveness of this chapter, with the purpose of providing treatment and rehabilitation to all its officials and employees, regardless of whether they have been elected or designated.
History —Aug. 14, 1997, No. 78, § 23.
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) › § 5002 - Participation

Any person who in 1998 has attained a minimum of twenty-five (25) years of creditable services shall be entitled to voluntarily choose to avail him/herself of the Program after obtaining a certification from the agency for which the person works, stating that the position he/she holds is unnecessary.
Those persons who have attained twenty-four (24) years of creditable services as of June 30, 1998, but have not yet attained twenty-five (25) years of service, and are sixty-five (65) years of age or older shall also be entitled to choose to avail themselves of the Program under a different computation formula.
The agencies which avail themselves of the Program shall issue a certification of the positions in excess of their needs.
Those employees of the Department of Health, who were dismissed due to the privatization of government health facilities and who on the date of the dismissal qualified for Early Retirement Programs according to the parameters established in this subchapter, shall also be entitled to avail themselves of the Early Retirement Program.
History —July 28, 1998, No. 182, § 3; Dec. 6, 1998, No. 293, § 2; Sept. 2, 2000, No. 339, § 2.
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) › § 5003 - Annuity for early retirement

In exercising his/her choice to retire, each participant who has not received reimbursement of his/her accrued contributions shall be entitled to receive the retirement annuity indicated in this section. Payment of said retirement annuity shall begin on the date of effectiveness.
(a) Every participant who as of June 30, 1998, has attained twenty-five (25) years or more of creditable services and is fifty-five (55) years of age or older, shall receive a retirement annuity equal to seventy-five percent (75%) of his/her average compensation.
(b) Every participant who as of June 30, 1998, has attained thirty (30) years or more of creditable services and is fifty (50) years of age or more, shall receive a retirement annuity equivalent to seventy-five percent (75%) of his/her average compensation. The abovementioned requirements shall not apply to any participant who between August 1 and November 2, 1998, has been subject to a request by an agency who subsequently avails him/herself of said benefits.
(c) Every participant who as of June 30, 1998, has attained twenty-five (25) years or more, but less than thirty (30) years of creditable services, and is not yet fifty-five (55) years of age shall receive a retirement annuity equal to sixty-five percent (65%) of his/her average compensation.
(d) Every participant who as of June 30, 1998 has attained twenty-four years of creditable services or more, but has not yet completed twenty-five (25) years of such services and is sixty-five (65) years of age or more on June 30, 1998, shall receive a retirement annuity equal to sixty-five percent (65%) of his/her average compensation.
History —July 28, 1998, No. 182, § 4; Dec. 6, 1998, No. 293, § 3.
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) › § 5004 - Coordination with Social Security Administration

As soon as the participants have attained the age of sixty-five (65) years or more and are eligible to receive benefits under Title II of the Federal Social Security Act, their pension shall be recomputed and the amount of the retirement annuity shall be one and half percent (1.5%) of the average compensation, up to six thousand six hundred dollars ($6,600), multiplied by thirty (30) years of creditable services, plus the corresponding percentage provided in § 5003 of this title of the average compensation in excess of six thousand six hundred dollars ($6,600) annually. Provided, however, That the retirement annuity of those participants who prior to the effective date of this act have availed themselves of the full supplemental plan of the retirement system, shall not be recomputed when they attain sixty-five (65) years of age.
History —July 28, 1998, No. 182, § 5; Dec. 6, 1998, No. 293, § 4.
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) › § 5006 - Monthly payments; life annuities

Every retirement annuity, or any other annuity provided in this subchapter shall be lifelong in nature and be paid in monthly installments. It may not be decreased, revoked or repealed, except when granted in error or when it is otherwise explicitly provided in this subchapter. These annuities may only be increased by law.
History —July 28, 1998, No. 182, § 7.
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) › § 5007 - Effect of the choice to retire

(a) Every choice to retire shall be final and irrevocable. However, during the period of determination, the agency, after consulting with and obtaining the consent of the Government Fiscal Agent and the Office of Management and Budget, may render ineffective any choice to retire and suspend the early retirement of the specific group of eligible employees on the basis of its financial capability and the needs of the agency and whether the total number of choices to retire made during the term for choosing fails to financially or otherwise justify the implementation of the program. If the agency determines not to implement the early retirement of the specific group of officials and employees eligible at that time, under this section, all choices to retire shall be rendered ineffective and the employees who have made the choice to retire shall continue to perform the duties of their office with the agency and shall remain attached to the Retirement System under the provisions of the Retirement System Act.
(b) The agency shall identify those employees whose experience or knowledge is essential to the proper operation thereof. Any officials or employees identified by the agency who have made a choice to retire shall be bound to provide training services to the employees selected by the instrumentality, and shall be entitled to receive remuneration for said services before or after they receive any pension or benefit, pursuant to the provisions of this chapter. Said training services shall be provided for a maximum term of three (3) months.
History —July 28, 1998, No. 182, § 8.
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) › § 5008 - Debts of participants with the Retirement System

With regard to any debt contracted by a participant whereby his/her accrued contributions have been serving as security, it is hereby provided that the benefits set forth in this subchapter shall primarily answer for the outstanding obligations contracted by the participant with the Retirement System. The Retirement System shall require the payment of said debts through monthly installments which shall de deducted by the Administrator from the retirement annuity received by the participant under the program, for the payments to the Retirement System.
History —July 28, 1998, No. 182, § 9.
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) › § 5009 - Financial contribution to the Program

(a) The agency shall make monthly cash contributions to the Retirement System for a maximum period of five (5) years as of the date of effectiveness, equal to the annuity that would be received by the participant on account of the pension.
(b) The agency shall also contribute to the program the following:
(1) The employer and individual contribution of each participant who has availed him/herself of the Program based on the salary being received at the time of separation from the service.
(2) The contribution to the pensioner’s health plan which is in effect under the Retirement System.
(3) The Christmas bonus to which pensioners are entitled under the Retirement System.
(c) In the case of those agencies which are not public corporations, the Office of Management and Budget shall assign to the Retirement System in the General Budget Joint Resolution, the resources needed to cover the payment of the financial contributions provided in subsections (a) and (b) of this section corresponding to the employees who have availed themselves of the Program. These budget appropriations shall begin, starting in Fiscal Year 1999-2000, until what is established in subsection (a) of this section has been complied with.
(d) In order to enable the Office of Management and Budget to make the pertinent budget appropriations, it shall be required that the Administrator of the Retirement System issue an itemized certification of the funds projected to be needed for each fiscal year.
(e) The total amount of the financial contributions of the participating employers shall be remitted to the retirement system, forty (40) days after the signing of the General Budget Joint Resolution of each fiscal year.
(f) If an agency or corporation ceases operations, the financial contribution shall be defrayed through the advance of funds proceeding from the General Fund, disbursed by the Secretary of the Treasury. These advances shall be repaid through budget appropriations recommended by the Office of Management and Budget.
History —July 28, 1998, No. 182, § 10; Dec. 6, 1998, No. 293, § 6.
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) › § 5010 - Administration of the Program

The Program shall be administered by the Retirement System for the employees of the Government of Puerto Rico and its instrumentalities.
History —July 28, 1998, No. 182, § 11.
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) › § 5011 - Tax exemption for contributions

Every monetary contribution made by a participant of the Retirement System shall be exempt from the payment of all types of taxes upon distribution of the benefits of the Program.
History —July 28, 1998, No. 182, § 12.
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) › § 5012 - Benefits as personal entitlements; exemptions

Pursuant to the provisions of this subchapter, entitlement to retirement annuities, death benefits and any other benefits, whatever their denomination, is a personal entitlement of the recipient of said benefits and the assignment or transfer of said benefits and reimbursements, or any part thereof, shall be null and void, except when otherwise provided in this subchapter. None of said pensions or benefits may be claimed for the payment of debts contracted by the persons who receive them, with the exception of loans executed by the members of savings and credit unions, which shall bind up to twenty-five percent (25%) of the pension or benefit of, and further excepting, the provisions of § 5010 of this title, nor may they be attached or be affected by any judicial proceeding.
History —July 28, 1998, No. 182, § 13.
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) › § 5013 - Liquidation of vacation leave, sick leave and other bonuses

Any amount to which a participant is entitled to as the final liquidation of his/her vacation leave or sick leave or other accrued bonuses owed by the agency, shall be paid in equal monthly installments for a number of months equal to the period of time the participant might be lacking for retirement under the Retirement System.
Should the amount owed to a participant on account of his/her vacation leave, sick leave or other bonuses, not exceed the amount of five thousand dollars ($5,000), the agency may provide for the payment of said amount in installments lower than those specified above.
Should there be a collective bargaining agreement between an agency and an exclusive representative of all the employees included in the bargaining unit defined in the collective bargaining agreement, which provides for a term to pay vacation leave, sick leave or other bonuses, which is in conflict with the above provisions, the agency shall have to, negotiate the period for the payment of said benefits with the exclusive representative of the employees.
History —July 28, 1998, No. 182, § 14.
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) › § 5014 - Prohibitions

(a) The agencies or corporations which have availed themselves of the Program shall not recruit or contract more than ten percent (10%) of the total payroll of employees who have availed themselves of the Program, or exceed ten percent (10%) of the number of employees who have availed themselves thereof, for a term of ten (10) years counting from the date of effectiveness, except through a provision to the contrary issued by Executive Order of the Governor, with the advice of the Government Development Bank or the Office of Management and Budget, as the case may be.
(b) No agency that has availed itself of an Early Retirement Plan pursuant to this subchapter may implement the Increase for Productivity Plan provided in § 4 of Joint Resolution No. 95 of June 27, 1997 of the General Budget.
History —July 28, 1998, No. 182, § 15; Dec. 6, 1998, No. 293, § 7.