(No. 33) (Approved May 31, 2001) AN ACT

Transcription

1 (S. B. 291) (No. 33) (Approved May 31, 2001) AN ACT To amend subsections (c) and (d) of Section 2 and line 1 of Section 12 of Act No. 44 of January 27, 2000, known as the Early Retirement Program for Teachers in order to authorize the retirement for years of service of the teachers of the Puerto Rico Public Education System and establish the Teacher s Early Retirement Program Act, allowing teachers to avail themselves of voluntary early retirement after twentyfive (25) years of service and fifty (50) years of age, provide for the benefit a pension, the requirements of age and years of service needed to determine the early retirement percent, and to fix the amount of average compensation to be used to compute the pension; direct the Teacher s Retirement Board the implementation and regulation thereof; establish its effectiveness; and for other purposes. STATEMENT OF MOTIVES Act 218 of May 6, 1951, created the Teacher s Retirement Act as amended. Act No. 44 of January 27, 2000, authorizes the retirement for years of service of the teachers of the Puerto Rico Public Education System, and establishes the Early Retirement Program for Teachers Act, allowing teachers to avail themselves of early retirement after twenty-five (25) years of service and fifty (50) years of age, provide for the benefit of a pension, the requirements of age and years of service needed to determine the early retirement percent, and to fix the amount of average compensation to be used to compute the pension; direct the Teacher s Retirement Board the

2 implementation and regulation thereof; establish its effectiveness; and for other purposes. The legislative intention to do justice to teachers arises from the Statement of Motives. It also clearly establishes that Act No. 44 does not create a significant impact on the State, and Section 17 establishes that it does not have the intention of impairing the vested rights of teachers. In Section 2, subsection (i), Act 44 establishes the Election Period, which provides a period of ninety (90) calendar days as of the effectiveness of Act No. 44, during which any employee who meets the requirements set forth in this Act to participate in the Program, may choose to avail him/herself of its benefits. Provided, that during this period the participants who qualify in the first and second year of effectiveness must request to avail themselves thereof. The limited term granted for the eligible teachers to avail themselves of the Program has been an argument used by the teachers who availed themselves of early retirement without the due analysis of their finances, and pressured by the limited time available to make a decision of such nature. After a careful analysis, they have realized that their family budget will be greatly affected by their decision. Some have sought legal counsel to set aside their application for Early Retirement. It is important to indicate that the election of Early Retirement is final and binding, according to the present Act. To grant teachers the option of making the Retirement Election a voluntary one up to the last moment, is to do them justice, since it gives teachers the maximum time to make a best decision, in the use of the rights acquired by law. The public interest shall not be affected with this measure, since the teacher was the owner of his/her job.

3 On the other hand, the speed with which the Act was approved and the firm and final terms of the Election for Retirement makes us think that the welfare and rights of the teachers were not duly an fairly protected. BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO: Section 1.- Subsections (c) and (d) of Section 2, and line 1 of Section 12 of Act No. 44 of January 27, 2000, known as the Teacher s Early Retirement Program is hereby amended to read as follows: Section 2.- Definitions (a) (c) Election for Retirement shall mean the voluntary election to avail themselves of the benefits of the Early Retirement Program made by any teacher who meets the requirements to participate in the Program. (d) Effective Date shall mean the effective date of the Election for Retirement whereby the participant shall voluntarily avail him/herself of the Program, but shall not cease in functions of his/her employment in the Department of Education, until the resignation becomes effective at the end of the school year. Section 12.- Determination Period Every Early Election for Retirement provided by this Act, shall be voluntary. During this 30 day period, the Department of Education shall accept the resignations of the teachers who choose to avail themselves of the Early Retirement Program. Section 2.- This Act shall take effect immediately after its approval.

4 CERTIFICATION I hereby certify to the Secretary of State that the following Act No. 33 (S.B. 291) of the 1 st Session of the 14 th Legislature of Puerto Rico: AN ACT to amend subsections (c) and (d) of Section 2 and line 1 of Section 12 of Act No. 44 of January 27, 2000, known as the Early Retirement Program for Teachers in order to authorize the retirement for years of service of the teachers of the Puerto Rico Public Education System and establish the Early Retirement Program for Teachers Act, allowing teachers to avail themselves of voluntary early retirement after twenty-five (25) years of service and fifty (50) yeas of age, provide for the benefit a pension, the requirements of age and years, etc., has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, today 28 th of June of Elba Rosa Rodríguez-Fuentes Director

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