P.R. Laws tit. 3, § 9267
(a) As a general rule, positions that become vacant upon the implementation of this Voluntary Pre-Retirement Program shall be eliminated, unless the OMB otherwise authorizes in accordance with the Plan submitted by the employer, except for the Office of the Comptroller and the Judicial Branch, which shall have autonomy to decide what positions shall be eliminated without OMB’s intervention. Positions filled by the Governor shall not be eliminated. Agencies or municipalities shall take administrative and operational reorganization measures to eliminate positions that become vacant, in strict compliance with all labor laws, collective bargaining agreements in effect, duly observing the Merit Principle, the legal provisions that prohibit political discrimination, and the vested rights of the public employees who work in said entity.
(b) However, the agency or municipality may fill positions that become vacant and are certified to be critical for the operations of the agency or municipality, by transferring another employee in the public service. If a critical position cannot be filled by the transfer mechanism, a new recruitment shall be allowed, preferably through an internal job posting intended for other career employees of the Commonwealth of Puerto Rico; provided, that the cost related to said new recruitment, considered within the Plan, if it is shown that at least seventy percent (70%) of the annual savings resulting from the implementation of this Voluntary Pre-Retirement Program in said entity shall be maintained. Every agency or municipality shall reasonably establish, through an internal procedure, the necessary criteria to define what shall be considered critical public services for such agency or municipality.
(1) In the case of agencies, except for the Office of the Comptroller and the Judicial Branch, every recruitment with the savings percentage established herein shall require the approval of the Office of Management and Budget, which shall establish the rules and criteria to enforce the provisions of this section.
(2) In the case of municipalities, every recruitment with the savings percentage established herein shall require the approval of the Office of the Commissioner of Municipal Affairs, which shall establish the rules and criteria to enforce the provisions of this section.
(3) In the case of the Office of the Comptroller, the Comptroller shall establish mechanisms as are necessary to implement the provisions of this section in relation to the management of vacant positions and savings, as well as the necessary measures to carry out the administrative and operational reorganization the Comptroller deems pertinent to achieve the savings projected with the implementation of the Preretirement Program. All this shall be carried out, safeguarding its administrative, operational, and fiscal independence, thus, OMB’s approval shall not be required.
(4) In the case of the Judicial Branch, the Chief Justice of the Supreme Court shall establish mechanisms as are necessary to implement the provisions of this section in relation to the management of vacant positions and savings, as well as the necessary measures to carry out the administrative and operational reorganization the Chief Justice deems pertinent to achieve the savings projected with the implementation of the Preretirement Program. All this shall be carried out, safeguarding its administrative, operational, and fiscal independence, thus, OMB’s approval shall not be required.
(c) Agencies or municipalities may use up to thirty percent (30%) of the savings achieved with the implementation of this Program to purchase technological equipment or to carry out initiatives that increase the efficiency of agencies.
(1) In the case of agencies, any purchase of equipment with the savings percentage established herein shall require the approval of the Office of Management and Budget, which shall establish the rules and criteria to enforce the provisions of this section.
(2) In the case of municipalities, any purchase of equipment with the savings percentage established herein shall require the approval of the Office of the Commissioner of Municipal Affairs, which shall establish the rules and criteria to enforce the provisions of this section.
(3) In the case of the Office of the Comptroller, any purchase of equipment with the savings percentage established herein may only be authorized by the Comptroller who shall establish the rules and criteria to enforce the provisions of this section.
(4) In the case of the Judicial Branch, any purchase of equipment with the savings percentage established herein may only be authorized by the Chief Justice of the Supreme Court who shall establish the rules and criteria to enforce the provisions of this section.
History —Dec. 8, 2015, No. 211, § 8; Aug. 15, 2016, No. 170, § 6.