P.R. Laws tit. 3, § 7073

2019-02-20 00:00:00+00
§ 7073. Creditable service

The years of service rendered until December 31, 2008 may be credited into the Voluntary Early Retirement Program of the Administration. Provided, That:

(a) Up to one hundred percent (100%) for the period of military service rendered to the Armed Forces of the United States of America shall be credited, if he/she had retired from the military service with an honorable discharge. In order to receive credit for military service rendered, the employee shall pay to the Retirement System the corresponding contributions based on the salaries earned during his/her years of service with the Armed Forces.

(b) In the event that the employee needs to obtain credit for services not paid in order to complete thirty (30) years of service and avail him/herself of a pension for merit under the provisions of §§ 761 et seq. of this title, the Administration shall evaluate and determine whether for the Agency the total payment of the employer and the individual’s contributions is less than the cost of having the employee avail him/herself of the Program.

(c) The Administration may, by the employee’s request, use any regular vacation leave accrued in order to calculate any month that the employee may need to complete the retirement requirements set forth in this chapter to avail him/herself of the Program. To such effect, every twenty (20) days accrued shall be equal to one (1) month of work.

In the case of subsections (b) and (c) of this section, the employee shall file an application to receive credit for any services not paid before the Retirement Affairs Coordinator (hereinafter the Coordinator) of the Administration not later than thirty (30) days counted as of the date of effectiveness of this act and before the date of separation from service. The Retirement Affairs Coordinator of the Department shall certify to the System that the application for services not paid was filed while the employee was still in active service and that he/she complies with all other requirements of this chapter.

The Administrator of the Retirement System for the Employees of the Government of the Commonwealth of Puerto Rico shall accept the payment for services rendered and not paid made by the employee even if such employee is not in active service, duly adjusted on the basis of its actuarial cost, except as provided in § 765a of this title, provided, that he/she receives the certification by the Coordinator. The date of effectiveness of the pension shall be the day following the separation from service, regardless of the fact that the employee has not finished paying for the services rendered and not paid, for which he/she shall have a payment plan.

History —Aug. 13, 2008, No. 275, § 3.