2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 711a - Special Auxiliary Fund

(a) Establishment of the Auxiliary Fund.— A Special Auxiliary Fund is hereby created in the Treasury of the Commonwealth of Puerto Rico, as a special fund, separate and distinct from all other money or funds of the Commonwealth of Puerto Rico. This Fund shall consist of
(1) All money transferred to the Fund pursuant to § 711(e)(2) of this title;
(2) all interest, fines and penalties collected pursuant to this chapter subsequent to December 31, 1960;
(3) ten percent (10%) of the contributions collected pursuant to this chapter from employers not covered by the Federal Unemployment Tax Act with respect to employment prior to January 1, 1963, contributions equal to an amount of point four percent (0.4%) of the wages paid by such employers with respect to employment during the period comprise between January 1, 1963, and December 31, 1970, contributions equal to one half percent (0.5%) of the wages paid by such employers with respect to employment during the period comprised between January 1, 1971, and June 30, 1974, contributions equal to point five eighths percent (0.58%) of the wages paid by such employers during the period comprised between July 1, 1974, and June 30, 1975, and an amount of contributions equal to one half percent (0.5%) after that date and until December 31, 1978;
(4) all interest earned on any money of the Fund;
(5) all property or securities acquired in lieu of interest, fines, penalties and amounts of contributions referred to in clause (3) of this subsection, or other liabilities to the Fund;
(6) all earnings of such property or obligations;
(7) all money recovered on losses sustained by the Fund, and
(8) money received for the Fund from any other source.
Money in the Special Auxiliary Fund shall not be invested or available for investment in any manner which would result in its substitution for, or a corresponding reduction in, the federal funds made available to this Commonwealth under Title III of the Social Security Act, and under the Act of June 6, 1933 (48 Stat. 113), as amended, for the administration of the unemployment program established herein, and the employment service program established by the Puerto Rico Public Employment Service Act, §§ 551—563 of this title; Provided, That nothing provided in this section shall prevent money in the Special Auxiliary Fund from being used as a revolving fund:
(A) For expenditures necessary for the proper and efficient administration of said programs for which special funds have been requested but not yet received, subject to reimbursement out of such funds when received, and
(B) for expenditures necessary for the proper and efficient administration of programs, a portion of which is subject to reimbursement by the federal government.
(b) Deposit and disbursement.— All money in the Special Auxiliary Fund shall be deposited, administered, and disbursed in like manner and under the same conditions and requirements as is provided by law with respect to other special funds in the Treasury of the Commonwealth of Puerto Rico, except that money in this fund shall not be commingled with other funds of the Commonwealth, but shall be kept in a separate account on the books of the depositary bank. The Secretary of the Treasury shall be the treasurer and ex officio custodian of the fund. He shall be liable on his official bond for the faithful performance of his duties in connection with the fund. Such liability shall be effective January 1, 1961, and shall exist in addition to any other liability upon any separate bond existing on such date or thereafter.
Money in the Special Auxiliary Fund shall be continuously available to the Secretary for:
(1) The payment of any refunds other than those payable from the unemployment fund pursuant to § 709(d) of this title;
(2) expenditures in connection with the administration and improvement of the unemployment insurance, employment service and other related programs, for which granted funds are not available, and
(3) replacement of any money received by this Commonwealth pursuant to Title III of the Social Security Act and pursuant to the Act of June 6, 1933 (48 Stat. 113), as amended, which the Secretary of Labor of the United States finds, because of any action or contingency, to have been lost or expended for purposes other than, or in amounts in excess of, those necessary for the proper administration of the unemployment insurance and employment service programs.
History —June 21, 1956, No. 74, p. 328, added as § 12 on Dec. 22, 1960, No. 1, p. 1, § 13; June 8, 1962, No. 27, p. 54, § 7; June 24, 1971, No. 85, p. 257, § 8; June 15, 1972, No. 16, p. 374, § 10; Aug. 9, 1974, No. 21, Part 2, p. 646, § 6; June 24, 1977, No. 101, p. 228, § 7; July 26, 1979, No. 4, p. 924, § 9.