P.R. Laws tit. 3, § 9010
The contribution to the Savings and Loan Fund shall continue to be mandatory for all the employees of the government entities already in existence, and those that may be created in the future, except for the following exceptions:
(a) Teachers who participate in the Teacher’s Retirement System, in accordance with the provisions of §§ 391 et seq. of Title 18, known as the “Commonwealth of Puerto Rico Teacher’s Retirement System Act”.
(b) Officials and employees of the Commonwealth Government of the Commonwealth of Puerto Rico who discharge their duties within the continental United States or abroad.
(c) Employees appointed to serve in the school lunchrooms of the Department of Education, as provided in subsection (3) of § 183 of Title 18.
(d) Government Secretaries, heads of agencies or instrumentalities of the Executive Branch, Governor aides, and members of commissions or boards appointed by the Governor in accordance with the provisions of §§ 1461 et seq. of this title, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”, the members of the Legislative Assembly of Puerto Rico, the Comptroller of Puerto Rico, the Ombudsman, the Superintendent of the Capitol, the Director of the Office of Legislative Services, and the Mayors. Said officials shall notify the Executive Director of their intention to enroll or terminate their membership in the Association as of the approval of this act. It is hereby provided that, at any time, these officials may file with the Executive Director an individual written request to enroll or reenroll in the Association.
(e) Employees of public corporations who, before June 24, 1965, were not subject to mandatory withholding, employees of any public corporation that has been created after said date or that may be created in the future, and employees of the municipalities of Puerto Rico may enroll individually in the Association abiding by the provisions that the Assembly of Delegates adopts through regulations.
The directors and heads of government entities and the directors of public employees retirement systems shall make a monthly withholding of three percent (3%), or the current rate at the time of enrollment in the Association, from the total salary or pension of all employees or pensioned members who so authorize it, for purposes of savings. The income from this source shall be set aside and remitted to the Association by the Secretary of the Treasury of Puerto Rico and shall constitute the Savings and Loan Fund of the Association. Any employee or covered pensioned member who wishes to do so may authorize a withholding higher than said three percent (3%). The withholding thus increased may be reduced at the request of the employee or covered pensioned member to a rate that shall not be less than three percent (3%) one (1) year after the increase was requested.
Any employee or covered pensioned member who contributes more than three percent (3%) of his/her salary, wages or pension and, at any later time, needs to withdraw his/her contributions in excess of said three percent (3%) may do so provided that the amount of such contributions is not pledged as security for a loan.
The Executive Director of the Association shall withhold three percent (3%) of the monthly salary of every employee of the Association to be deposited into the Savings and Loan Fund. Any employee who wishes to do so may authorize a withholding higher than said three percent (3%). This contribution to the Savings and Loan Fund benefits the employees of the Association; however, it does not make them members of the Association.
History —Apr. 25, 2013, No. 9, § 11.