P.R. Laws tit. 3, § 7038
Upon the death of an employee while receiving an annuity from the Early Retirement Program, the surviving spouse and minor children, or those who are physically or mentally impaired, shall be entitled to receive a pension that shall be determined according to the provisions of this section:
(a) If the employee was not covered under the provisions of Title II of the Federal Social Security Act at the moment of his/her death, the persons mentioned herein shall receive, in equal amounts, sixty percent (60%) of the annuity the employee was receiving at the moment of his/her death.
(b) If the employee was covered by the provisions of Title II of the Federal Social Security Act at the moment of death, the persons mentioned in this section shall receive, thirty percent (30%) of the annuity the employee received at the moment of death in equal amounts, in lieu of the provisions stated in subsection (a) of this section. The surviving spouse shall receive the pension provided in this subsection when attaining the age of sixty (60) years. Provided, moreover, That the surviving spouse should have been married not less than ten (10) years to the deceased employee at the moment of his/her death.
(c) In the case of minor children or those physically or mentally disabled persons, the corresponding pension shall be delivered to their father or mother, as the case may be, or to any other person designated by the Court of First Instance, always seeking the welfare of said minors, or physically or mentally disabled persons.
(d) The surviving spouse of the deceased employee shall receive the pension provided in this section as long as he/she does not remarry. In the case of minor children, the payments shall be made until they attain eighteen (18) years of age, unless they are permanently disabled for work due to a mental or physical condition, or up to the age of twenty-five (25) years if they are still continuing their studies, at an institution recognized by the Puerto Rico Council on Higher Education or by the Department of Education, as the case may be. If it is an institution located outside of Puerto Rico, the same must be recognized by an entity similar to the Puerto Rico on Higher Education Council or the Department of Education.
(e) Any person mentioned in this section who does not agree with the determination made with regard to his/her request for the payment of these benefits, shall request its reconsideration to the Administrator of the Retirement System within the term of thirty (30) days after having been advised of said determination.
(f) In the event that one of the persons mentioned in this section has a right to another pension under any of the laws of Puerto Rico, for the same reason or motive of the death of an employee, he/she shall receive the pension that is determined to be higher. Any person who is entitled to receive or is receiving, a pension motu proprio from any retirement system under the laws of Puerto Rico, shall receive or continue to receive the same, in addition to the pension provided herein for the death of the employee. The right to this pension for the death of an employee shall take effect on the first day of the month following the death of the employee, and its payment, with regard to the surviving spouse, shall begin on the date he/she meets the eligibility requirements so established in this section.
(g) Except as otherwise provided in this chapter, the pensions granted under this section, shall be exempted from any attachment or foreclosure. Provided, That in case of the death of an employee covered by the early retirement plan, the Corporation shall continue to make the payments of the deceased employee, until the month said retires would have acquired the right, under §§ 761 et seq. of this title.
History —July 13, 2000, No. 119, § 8.