(A) In case of a retired participant.— When a participant of the Puerto Rico Judiciary Retirement System dies while receiving a retirement or disability annuity from said System, the surviving spouse and unemancipated children under twenty-one (21) years of age, or who are physically or mentally disabled, shall be entitled to sixty percent (60%) of the annuity received by the retired participant at the time of his death, pursuant to the provisions of § 788a of Title 3.
(B) In the case of an active participant entitled to a pension.— If at the time of his/her death, the participant had acquired the right to receive any type of retirement pension under § 233 et seq. of this title, the surviving spouse and unemancipated children under twenty-one (21) years of age, or disabled children, shall be entitled to sixty percent (60%) of the pension that the deceased participant would have received if he/she had been retired at that time. The requirements of § 788a of Title 3 shall apply in these cases.
(C) In order to defray the cost of the benefit granted by this section, the Retirement Systems are hereby authorized to increase the contribution of the participants provided in § 242 of this title by one fourth of one percent (0.25%) upon the effectiveness of this act.
(D) Hybrid Program participants shall be excluded from the benefits granted under this section and the contribution provided in subsection (C). Such participants may choose to avail themselves of an annuity by transfer as provided in § 237 of this title.
History —Oct. 19, 1954, No. 12, p. 152, added as § 8-A on Jan. 4, 1983, No. 2, p. 373, § 1; Dec. 8, 1989, No. 22, p. 587; Dec. 24, 2013, No. 162, § 8.