P.R. Laws tit. 3, § 9271

2019-02-20 00:00:00+00
§ 9271. General provisions

(a) All the provisions of §§ 761 et seq. of this title, that are not in conflict with this chapter shall apply to the Voluntary Pre-Retirement Program.

(b) The Director of the Office of Management and Budget shall have all the powers that are necessary and convenient to implement this chapter. He/she may require agencies (except for the Office of the Comptroller and the Judicial Branch, which shall keep their autonomy) and municipalities to take any actions deemed necessary and convenient to implement this Program in their respective agencies or municipalities; and may require Appointing Authorities to submit all the information deemed necessary so that the former may evaluate every request to declare a position ineligible for participating in the Program. The Director of the Office of Management and Budget shall prepare the election form and establish the procedure for the implementation of the Program and the provisions of this chapter, without being subject to §§ 2101 et seq. of this title. It shall include, at least, the following:

(1) Eligible government entities that are interested in participating in the Program shall submit a request to such effects to the Office of Management and Budget, including the implementation assessment and the Employer Pre-Retirement Plan.

(2) The Office of Management and Budget shall evaluate within a term not to exceed sixty (60) days that may be extended for an additional thirty (30)-day term, whether or not the agency’s participation in the Program is feasible and approve the request if he/she determines that it would represent savings for the government entity. If the request is not approved, the agency shall be granted a term that shall not exceed thirty (30) days to amend the Employer Pre-Retirement Plan, which shall be evaluated by the Office of Management and Budget within a term not to exceed sixty (60) days.

(3) The Retirement System Administration for the Employees of the Government of the Commonwealth of Puerto Rico and the Judiciary shall certify the eligibility of employees who apply to the Program as to credited years of service.

(4) Employees shall be notified of their eligibility to apply for the Program. Employees shall have thirty (30) calendar days as of the notice to make an election to participate in the Voluntary Pre-Retirement Program.

(c) Agencies or municipalities, through their retirement coordinator and with the assistance of the OMB and the Retirement System Administration for the Employees of the Government of the Commonwealth of Puerto Rico and the Judiciary, shall provide all their employees who are eligible to participate in the Voluntary Pre-Retirement Program with an orientation of the benefits and criteria thereof. In addition, they shall provide orientation and education to promote the financial planning for their retirement, as provided in Act No. 126-2014, which created the “Commonwealth of Puerto Rico Public Employees’ Pre-Retirement Orientation and Planning Program.”

History Dec. 8, 2015, No. 211, § 12; Aug. 9, 2016, No. 170, § 8.