P.R. Laws tit. 3, § 7006
(a) When an employee dies while receiving an annuity for retirement from the program, under the provisions of this chapter, the surviving spouse and the minor or physically or mentally disabled children shall be entitled to a pension that shall be determined according to the provisions of this Act [sic].
(b) If the employee is not covered by Title II of the Federal Social Security Act at the time of death, the persons mentioned in subsection (a) of this section shall receive in equal portions, sixty percent (60%) of the annuity payment that the employee received at the time of his or her death.
(c) If the employee were covered by Title II of the Federal Social Security Act at the time of death, the persons mentioned in subsection (a) of this section shall receive, instead of what is provided in subsection (b) of this section, in equal portions, thirty percent (30%) of the annuity that the employee received at the time of his or her death. The employee’s surviving spouse shall receive the pension provided in this subsection upon attaining sixty (60) years of age. Provided, furthermore, That the surviving spouse must have been married for not less than ten (10) years to the deceased employee.
(d) In the case of minor or mentally disabled children, the pension that is duly theirs may be given to their father or mother, as the case may be, or to any other person designated by the Court of First Instance, always addressing the welfare of said minors or mentally disabled children.
(e) The surviving spouses of the deceased employees shall receive the pension provided in this section as long as they have not remarried. In the case of minor children, the payments shall be made until they reach the age of eighteen (18) years, unless they are persons permanently disabled to work due to their mental condition or physical disabilities, or until the age of twenty-five (25) if they are continuing their studies. Said studies must be continued in an institution recognized by the Superior Education Council of Puerto Rico, or by the Department of Education, as the case may be. The Board may designate an educational institution located outside Puerto Rico and which is recognized by an entity similar to the Superior Education Council of Puerto Rico and/or the Department of Education, as an institution in which the children of a deceased employee may continue their studies and qualify to receive benefits under this section.
(f) Any of the persons mentioned in this section who are not satisfied with the determination made by the administrator regarding their request for the payment of benefits may request a reconsideration by him/her within the term of thirty (30) days after being notified of the administrator’s determination.
(g) In the event that any of the persons mentioned in this section is entitled under any of the laws of Puerto Rico to another pension for the same reason or motive of the death of an employee, the pension that is greater shall be paid.
Any person who is entitled to receive, or is receiving a pension motu proprio from any retirement system under the laws of Puerto Rico, shall receive or continue to receive said pension, in addition to the herein pension provided for the death of the employee. The right to this death pension shall be retroactive to the date of death of the employee; and its payment with regard to the surviving spouse shall commence on the date that he or she complies with the eligibility requirements established in this section.
(h) Unless otherwise provided in this chapter, the pensions granted under this section shall be exempt from attachment or foreclosure.
Provided, That, in the case of the death of an employee in the program, the agency shall continue to pay the financial contribution of the deceased employee.
History —Dec. 31, 1998, No. 342, added as § 6 on Dec. 31, 1999, No. 370, § 3.