Ley 36 del 2007

(No. 36)

(Approved April 24, 2007)

AN ACT

To add a Section 4 to Act No. 218 of August 28, 2003, known as the "United States Armed Forces Members Protection Act," in order that the surviving spouse and the dependent and permanently disabled minor children of those public employees who die as soldiers while in the performance of their duties or are declared missing in action or captured as prisoners of war, be entitled to receive the net salary for a period of three months; and for other purposes.

STATEMENT OF MOTIVES

Act No. 218, supra, was approved for the purpose of preventing those employees who chose to serve in the armed forces from being separated from the families while these are left without sufficient economic resources to meet their obligations and maintain the way of life to which they were normally accustomed. In brief, Act No. 218, supra, grants those public employees who meet the conditions stipulated therein, the difference between the net salaries they would receive while in active military service and the salaries they received as public employees, provided the latter is greater. Upon the death of a soldier/public employee while in the performance of his/her duties or when declared missing in action or captured as prisoners of war, this Legislature believes it necessary to grant an

---

additional benefit to the family members besides those already granted by Act No. 218, supra.

At present, our men and women, as members of the armed forces of our American Nation, take part in the acts of war against terrorism. They risk their lives every day and sometimes loose their lives while in the performance of their duties and in order to safeguard the greater values which we share with the rest of our fellow citizens.

Any recognition made to the Puerto Rican men and women who served as soldiers and died while in the performance of their duties, or who were missing in action or captured, is an insufficient expression of our gratitude for their sacrifice. In the final analysis there in no way in which we can erase or extinguish the suffering of all their relatives and friends for the loss of a loved one, their imprisonment by enemy forces or the uncertainty as to their whereabouts in the theater of war.

It is the duty of the Government of the Commonwealth of Puerto Rico to help the widows or widowers and dependent or permanently disabled children of those who gave their lives in honor of the country. For this reason, and in gratitude for their sacrifice, the Legislature deems it necessary to grant benefits to the family members of those men and women who die, disappear or are captured while in the performance of their duties. Thus, we grant the surviving spouse and the dependent and permanently disabled minor children of soldiers who are public employees the payment of the salary of the public employee for a period of three months. This measure, however, is the beginning of our expression of gratitude to those who were willing to sacrifice themselves so that we all would be able to enjoy our liberties. This benefit intends to lessen the immediate economic burden experienced by the family members of our heroes who try to overcome the

---

loss of a loved one. It is also a symbol of the fact that we all share in their sorrow, that we are in solidarity with their bereavement and that we are all eternally grateful for their sacrifice.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.-To add a Section 4 to Act No. 218 of August 28, 2003, to read: "Section 4.-Right to a salary to widows or widowers or depended or permanently disabled minor children.

The surviving spouse and the dependent and permanently disabled minor children of the public employees who are entitled to the benefits of this Act shall have the right to receive from the agency or entity concerned, the totality of the net salary as public employee for three (3) months in addition to the month on which the soldier died while in the performance of his/her duties, or was declared missing in action or captured as a prisoner of war.

The widow or widower of a soldier who dies, disappears or is captured while in active service or the guardian in the representation of the dependent and permanently disabled minor children of the former, as the case may be, shall present to the agency, municipality or dependency concerned the certification of status issued by the Armed Forces of the United States in order to receive the benefits consigned in this Act."

Section 2.-In order to ensure compliance with the provisions of this Act, every agency, municipality or government office shall maintain an updated data base stating the number of officials on military leave so as to expedite the processes and use such information when preparing their respective budgets.

---

Section 3.-The provisions of Section 2 of this Act notwithstanding, the family members of confidential employees entitled to reinstallation to a career position or the employees under probationary status who have held a regular career position immediately prior to the same, may solicit the benefits herein granted.

Section 4.-Effectiveness This Act shall take effect immediately after its approval.

---

CERTIFICATION

I hereby certify to the Secretary of State that the following Act No. 36 (S.B. 398) of the $5^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to add a Section 4 to Act No. 218 of August 28, 2003, known as the "United States Armed Forces Members Protection Act," in order that the surviving spouse and the dependent and permanently disabled minor children of those public employees who die as soldiers while in the performance of their duties or are declared missing in action or captured as prisoners of war, be entitled to receive the net salary for a period of three months; and for other purposes, has been translated from Spanish to English and that the English version is correct.

In San Juan, Puerto Rico, today $30^{ ext {th }}$ of August of 2007.

Francisco J. Domenech Director