The years of service rendered until June 30, 2008 may be credited to the Voluntary Early Retirement Program of the Department. Provided, That:
(a) They shall be credited, up to one hundred percent (100%) for the period of military services rendered in the Armed Forces of the United States of America, if the employee had retired from the military service with an honorable discharge. To receive credit for military services, the employee shall pay to the Retirement System the corresponding contributions based on the salaries earned during the period he/she rendered services, pursuant to the provisions of § 765 of this title.
(b) In the event that the employee meets the requirements of age and years of service, and needs to credit uncomputed [sic] services to complete thirty (30) years of service in order to avail him/herself of a merit pension pursuant to the provisions of § 766 of this title, the Department shall pay all individual and employer contributions, plus the interest corresponding to uncomputed services in the Employees Retirement System of the Government of the Commonwealth of Puerto Rico.
(c) The Department may, by request of the employee, use any regular vacation and sick leave accrued to compute any months needed to complete the retirement requirements set forth by this chapter in order to avail him/herself of the Voluntary Early Retirement Program. To that effect, every twenty (20) workdays shall be equal to one (1) month of work.
In the cases of subsections (b) and (c) of this section, the employee shall submit his/her application to receive credit for uncomputed services before the Retirement Affairs Coordinator of the Department (hereinafter, the “Coordinator”) not later than thirty (30) days as of the orientation that the Department of Labor and Human Resources, in coordination with the Retirement System Administration, is required to provide pursuant to § 339 of this title. The Retirement Affairs Coordinator of the Department shall certify to the System that the application to receive credit for uncomputed services was submitted while the employee was in active service and that he/she meets all other requirements of this chapter.
The Administrator of the Employees Retirement System of the Government of the Commonwealth of Puerto Rico shall accept the payment made by the employee for uncomputed services, duly adjusted based on its actuarial cost, provided that he/she receives the certification from the Coordinator. The date of effectiveness of the pension shall be the next day following the separation from service, even if the employee has not finished paying for the uncomputed services for which he/she should have a payment plan.
History —July 29, 2008, No. 136, § 3.