P.R. Laws tit. 3, § 8896
Classroom teachers; active police officers with patrol duties, who render surveillance and security services; custody officers who work in the agencies under the Department of Corrections and Rehabilitation’s umbrella; firefighters; health professionals such as physicians, paramedics, nurses, pharmacists, and laboratory technicians; and employees of the Internal Revenue and Information Technologies areas of the Department of the Treasury, shall not be eligible to avail themselves of the Program. Neither shall any trust, provisional, irregular or career employees who, by determination of the Program Administrator, with the advice of the appointing authority, hold positions which render direct services to the people or essential services in the operation of the agency, or that are defrayed in whole or in part with federal funds. Essential services are those whose functions are specialized, vital or indispensable for the proper operation of the agency, so as to meet the public purpose for which it was created as a government body.
Notwithstanding the foregoing, career employees holding positions that are not eligible to opt for the Program and who wish to avail themselves of the Program, may do so only with a previous certification from the appointing authority, ratified by the Office of Management and Budget, stating that the retirement of such employees shall not require the hiring of new employees during the next five (5) years, or that such positions shall be filled through the transfer of other employees in the public service. The Administrator shall establish the procedures and the criteria to authorize, in justified cases, the exchange of positions within the career service to allow a career employee holding a position that is ineligible under the Program to exchange his/her position with another career employee holding a position that is eligible under the Program.
History —July 2, 2010, No. 70, § 17.