Ley 195 del 2007
Resumen
Esta ley enmienda la Ley del Sistema de Retiro de los Empleados del Gobierno de Puerto Rico para permitir que el Superintendente de la Policía y el Jefe del Cuerpo de Bomberos otorguen dispensas a miembros de sus respectivas agencias para trabajar hasta dos años adicionales después de alcanzar la edad de 58 años y 30 años de servicio. La solicitud debe hacerse no más tarde de 90 días antes de la fecha de retiro.
Contenido
(No. 195)
(Approved December 13, 2007)
AN ACT
To amend Section 2-104(a) of Act No. 447 of May 15, 1951, as amended, known as the "Employee Retirement System of the Government of the Commonwealth of Puerto Rico," in order to empower the Superintendent of the Puerto Rico Police and the Chief of the Firefighter Corps to grant dispensations to the members of the Puerto Rico Police and of the Firefighter Corps so that they may work for an additional period of two (2) years after reaching the age of fifty-eight (58) and thirty (30) years of service. Provided, that they shall conduct functions assigned to them by the appointing authority; the request in question shall be made not later than ninety (90) days prior to their date of retirement; to correct errors of form; and to make the necessary regulatory provisions for the implementation of this Act.
STATEMENT OF MOTIVES
Section 2-104(a) of Act No. 447 of May 15, 1951, as amended, known as the "Employee Retirement System of the Government of the Commonwealth of Puerto Rico," was amended through Act No. 22 of June 30, 2005. This, for the purpose of increasing to fifty-eight (58) years the retirement age of the members of the Puerto Rico Police and of the Firefighters Corps. Its underlying theme was based on the fact that both agencies would be able to retain experienced officers with all the benefits this entails for the operations thereof.
At this time, this Legislature deems it pertinent to amend once again Act No. 447, supra, for the specific purpose of empowering the Police Superintendent and the Chief of the Firefighter Corps, respectively, to grant
a dispensation for a term that shall not exceed two (2) years to the police officers and firefighters who so request. Both agencies shall respectively regulate the criteria for requesting and granting this type of dispensation, which shall be at the discretion of both the Police Superintendent and the Chief of the Firefighter Corps.
All members of the Police Force and the Firefighter Corps who reach the age of fifty-eight (58) and thirty (30) years of service must resign, in spite of the information provided by the 2000 Census, which shows that the population of Puerto Ricans of fifty (50) years of age or more is one of the fastest growing sectors of society.
On this particular matter, the United States Census Bureau affirms that the elderly population of the Island is four or five times more likely to be poor than their counterparts in the United States. Thus, as said bureau notes, the Government is responsible for identifying the adequate public policy to deal with the future economic needs of said sector.
By way of this illustration, with respect to law enforcement officers, various jurisdictions have similar regulations as to the retirement age for the members of the Police Force. To wit: New York, where the retirement age for police officers is sixty-two (62); California where the retirement age for police officers is sixty (60); and Iowa where the retirement age for police officers is sixty-five (65).
According to the information provided by the United States Census Bureau and to the retirement age of law enforcement officers in several States, we believe that it is the duty of this Legislature to promulgate legislation such as this one, in order not only to do justice to persons fiftyeight (58) years of age or older who are still capable of undertaking functions related to their office, as well as to establish benefits in terms of
financial self-sufficiency contemplated by this Act, but also to provide for the Puerto Rico Police and the Firefighter Corps, respectively, to retain more personnel with the necessary expertise for implementing the public policy of both agencies which coincide in factors such as the protection of life and property, each within the parameters of their specialized knowledge.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 2-104
(a) of Act No. 447 of May 15, 1951, as amended, is hereby amended to read as follows: "Section 2-104
(a) -Police Officers and Firefighters - Mandatory Retirement.
The members of the Police and the Firefighters Corps of Puerto Rico may voluntarily opt to retire after reaching the age of fifty-five (55) and thirty (30) years of service. Retirement shall be mandatory on the date the participant reaches both thirty (30) years of service and the age of fifty-eight (58). Provided, that the Superintendent of the Puerto Rico Police and the Chief of the Firefighter Corps may respectively grant dispensations to authorize the members of their respective agencies to work for an additional maximum period of two (2) years performing the functions assigned to them; provided that their health and safety are not compromised. Such a request for dispensation shall be made by the member, not later than ninety (90) days before his/her retirement date.
It is hereby provided that the Superintendent of the Puerto Rico Police and the Chief of the Firefighter Corps, respectively, shall make the necessary regulatory provisions to comply with this Act."
Section 2.- Effectiveness This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 195 (H.B. 3878) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 2-104(a) of Act No. 447 of May 15, 1951, as amended, known as the "Employee Retirement System of the Government of the Commonwealth of Puerto Rico," in order to empower the Superintendent of the Puerto Rico Police and the Chief of the Firefighter Corps to grant dispensations to the members of the Puerto Rico Police and of the Firefighter Corps so that they may work for an additional period of two (2) years after reaching the age of fifty-eight (58) and thirty (30) years of service. Provided, that they shall conduct functions assigned to them by the appointing authority; the request in question shall be made not later than ninety (90) days prior to their date of retirement; to correct errors of form; and to make the necessary regulatory provisions for the implementation of this Act, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of April of 2008.
Francisco J. Domenech Director