P.R. Laws tit. 4, § 240
(A) Occupational death annuity. — If death of a participant shall arise out of and in the course of employment, from causes of a compensable character under the Workmen’s Accident Compensation Act, §§ 1 et seq. of Title 11, his widow shall be entitled to receive an occupational death annuity equal to fifty percent (50%) of the participant rate of compensation at the time of death, payable during her widowhood. If children of the participant under eighteen (18) years of age or children pursuing studies also survive them, the widow shall be entitled to receive an additional amount of ten dollars ($10) a month on account of each such child, subject to the limitation of seventy-five percent (75%) of said rate of compensation for the combined payments to the widow and children. If the wife does not survive the participant, or death of the widow occurs while in receipt of the annuity, and children of the participant under eighteen (18) years of age or children pursuing studies survive, each such child shall be entitled to receive an annuity equal to twenty dollars ($20) a month until attaining the age of eighteen (18) years, or until finishing his studies, subject to a maximum payment of seventy-five percent (75%) of the participant rate of compensation at time of death, to all such children.
The annuities payable hereunder shall be additional to the compensation received by the widow or children under the provisions of the Workmen’s Accident Compensation Act.
If neither a wife, nor children under eighteen (18) years of age, nor children pursuing studies, of a participant survive him, payments shall be made as provided in subsection (B) of this section. If the aggregate payments made to a widow and/or children are less than the total of the payments provided in subsection (B) of this section, the remainder shall be payable to the heirs of the deceased participant.
(B) Payments upon death; active participant; retired participant. — Upon death of a participant while in active service or while enjoying any type of authorized leave, for uncompensable causes under the Workmen’s Accident Compensation Act, the beneficiaries designated by him or his heirs if he had not made such designation, shall be entitled to: (1) a refund of the contributions made by the participant to the System, including interest; and (2) a death benefit equal to the annual rate of compensation he was earning at the time of his death.
If a participant should die after he/she has been receiving a retirement or disability annuity, and provided he/she had not left an annuity by transfer, a payment shall be made for an amount equal to the excess, if any, of the contributions accrued in favor of the participant as of the date of his/her retirement, including interest, over the total amount paid on retirement or disability pension received the participant before his/her demise; Provided, That in all cases, a minimum amount of one thousand dollars ($1,000) shall be payable. This benefit shall be given as a single payment to be made to the beneficiary or beneficiaries designated by the pensioner, or to the pensioner’s heirs if no one had been designated, except that said benefit shall not be paid out in the event a pension is granted to beneficiaries or heirs pursuant to the provisions of special laws.
History —Oct. 19, 1954, No. 12, p. 152, § 8; June 9, 1972, No. 94, p. 237; July 23, 1974, No. 142, Part 1, p. 658, § 2; Oct. 1, 2004, No. 548, § 1, retroactive to July 1, 2004.