P.R. Laws tit. 25, § 378

2019-02-20 00:00:00+00
§ 378. Disability annuity

Every employee who, as the result of a disability under the circumstances described in § 377 of this title, is prevented from fulfilling the duties of his/her office, or from working in another job at the service of the employer, which in the judgment of the employer, he/she cannot conveniently perform, shall have the right to receive a disability pension which shall be equal to the salary rate received on the date of severance. If the employee entered the System after the 1st of April, 1990, for the first time, he/she shall be entitled to receive a disability pension equal to eighty percent (80%) of the salary received on the date of severance. When the nature of the disability allows the employee to be reassigned to a job in the service of the employer with a salary lower than what he/she was receiving, the pension to which he/she shall be entitled shall be equal to the difference between the salary of his position and that of the job to which he/she is reassigned.

The above shall not prevent that the beneficiaries of disability pensions may generate additional income by performing other low-risk duties or functions, in which his/her disability does not constitute an obstacle for their performance.

The disability retirement of the employee shall occur at his/her request or that of his/her authorized representative, or by petition of the corresponding nominating authority.

If the employee dies while enjoying his/her disability pension, as a result of the condition for which it was granted, his/her beneficiaries shall be entitled to receive a pension equal to the salary of the employee when the disability occurred, and under the same terms that govern the death benefits subsequently established in this chapter. If the employee entered the Retirement System for the first time after April 1, 1990, his/her beneficiaries shall be entitled to receive a pension equal to eighty percent (80%) of the salary of the employee when the disability occurred.

History —June 27, 1958, No. 127, p. 300, § 3; Feb. 16, 1990, No. 1, p. 3, § 25; July 30, 1999, No. 174, § 3; Sept. 2, 2000, No. 332, § 1.