(a) Any person who works for the Commonwealth shall be deemed to be eligible for the Voluntary Pre-Retirement Program, if he/she meets the following requirements:
(1) To be a career employee, a trust employee entitled to be reinstated to a career position, or an employee appointed for a specific term in accordance with a law, such as the case of advocates, prosecutors, commissioners, etc.; provided, that the participant attains age sixty-one (61) before the date of expiration of his/her current term in order to retire;
(2) To have enrolled in the Retirement System before April 1 st, 1990, or have begun working as a transitory or irregular employee for the Commonwealth of Puerto Rico before such date and were unable to contribute to the Retirement System due to his/her job status, but was subsequently appointed in the career service under Act No. 1 of February 16, 1990, and has paid those previous years of service on or before June 30, 2013, in order to accumulate years of credited service retroactively to a date prior to April 1 st, 1990; have not requested the reimbursement of his/her contributions or opted out of the Retirement Savings Account Program;
(3) As of the date on which enrollment in the Pre-Retirement Program is requested, to have contributed or paid to the Retirement System at least twenty (20) years of credited services; and
(4) Have not met the requirements to be eligible for retirement under §§ 761 et seq. of this title, on or before the effective date to enroll in the Voluntary Pre-Retirement Program; Provided, That high risk public servants, as such term is defined in §§ 761 et seq. of this title, who qualify for retirement and employees whose optional retirement age is 61 years or less by virtue of subsection (a)(1) of § 787c of this title, may enroll in the Program until they reach 61 years of age.
(b) Commonwealth employees holding elective offices or discharging the duties as Appointing Authority as of the effective date of enrollment in the Program shall not be eligible to participate in the Program, unless they are entitled to be reinstated to a career position and are reinstated to such career position before the effective date of enrollment in the Program. Likewise, employees participating in other independent retirement systems, such as teachers, judges, and employees of the Electric Power Authority shall not be eligible to participate in the Program;
(c) The provisions of this chapter shall be extensive also to those employees who as of the effective date of this act are on any type of leave by virtue of the applicable regulations of the agencies and municipalities, collective bargaining agreements, or statutes, except in the case of persons on leave without pay.
History —Dec. 8, 2015, No. 211, § 5; Aug. 9, 2016, No. 170, § 4.