Every budgetary petition presented by the Governor pursuant to Section 4 of Article IV of the Constitution of Puerto Rico for each fiscal year shall include a seven (7)-year Strategic Plan, as it is defined in subsection (b) of Section 8 of Joint Resolution No. 321 of November 21, 2005. It shall begin with the budgetary petition for Fiscal Year 2006-2007. This Strategic Plan shall include, without it being a limitation, a plan for the restructuring and consolidation of government programs or the merger of two or more agencies of the Government of the Commonwealth of Puerto Rico, provided that it results in a reduction of functions and administrative expenses. As part of each Strategic Plan, retirement plans with incentives or early retirement plans may be proposed; Provided, however, That these early retirement plans may only be conducted in those agencies in which the implementation thereof is cost-effective and that it reduces the number of employees and if it is guaranteed and proven that the same shall not be adverse to the Public Employee Retirement System.
Under no circumstance whatsoever shall this provision or any other provisions of this chapter be construed as a measure directed towards the reduction of the salaries of public employees or to the dismissal of career employees, or to be used as a mechanism to impair vested rights or those agreed on through collective bargaining agreements; nor shall it constitute an excuse or impediment to negotiate financial terms or of another type in good faith, pursuant to §§ 1451 et seq. of this title, better known as the “Puerto Rico Public Service Labor Relation Act”.
If for a specific fiscal year the Governor deems that it is not possible to restructure or consolidate agencies of the Government of the Commonwealth of Puerto Rico, the Strategic Plan submitted shall contain, but without being it limited to, a discussion of the considered restructuring or consolidation opportunities and the reasons for which the same were not favorably recommended.
In order to implement an early retirement plan, the same must be established through the approval of an act.
History —May 25, 2006, No. 103, § 12, eff. July 1, 2006.