Landán Román v. Torres Braschi
Landán Román v. Torres Braschi
Opinion of the Court
delivered the opinion of the Court.
Antonio Landán Ach, who rendered services to the ‘Government of Puerto Rico for more than 20 years, retired involuntarily on July 1, 1942, because his job was eliminated from the budget. A life pension was granted to him, 'computed in accordance with § 8 of Act No. 23 of July 16, 1935 (Spec. Sess. Laws, p. 126), Landán v. Retirement Board, 65 P.R.R. 117 (1945). This retirement Act of 1935 was substituted and replaced by Act No. 447 of May 15, 1951 (Sess. Laws, p. 1298, 3 L.P.R.A. § 762).
Section 13 of the Act in force (3 L.P.R.A. § 773) established a benefit for payment upon death while in active service and for those participants receiving an annuity due to retirement or disability.
“Upon death of a member in receipt of a retirement annuity or disability annuity, unless a reversionary annuity is payable under the provisions of sections 761-788 of this title, a death benefit shall be paid in a single cash sum to such person or persons as he shall have nominated by written direction duly acknowledged and filed with the Administrator, or to his heirs, if such nomination shall not have been made, consisting of the excess, if any, of the accumulated contributions of the member at the time of retirement over the total amount of all retirement annuity payments received by the member prior to his death, Provided That, in any event, there shall be payable in any case a minimum amount of two hundred (200) dollars.”
The plaintiff, Marcelino Landán Román is the beneficiary designated on December 21, 1953 by Antonio Landán Ach in a printed form filed with the Personnel Office of the Government of Puerto Rico. At the death of Antonio Landán Ach, on May 26, 1954, he claims the payment as beneficiary upon death, which in his case, amounts to the minimum sum of two hundred dollars. The defendant refused to order the
The sole issue for decision is whether under the provisions of Act No. 447 of 1951, Antonio Landán Ach had the status of “participant” in the retirement system created thereby. A negative answer is due.
An examination of Act No. 447 leads to the inescapable conclusion that the persons who had retired and were pensioned under Act No. 23, were still subject, as to the payments of benefits to which they were entitled, to the provisions of the latter. It was so expressly provided as to the payment of pensions already approved, and as to those pending on July 1, 1951, the effective date of the new system, it was provided that they would be granted in accordance with the provisions of the superseded Acts (§ 2, Act No. 447 of 1951). The only scope of the merger in question was to transfer the funds available to the previous retirement systems, to the new system then created. It is but a mere administrative measure. That is why when indicating the persons who shall be members of the new system, § 4 (3 L.P.R.A. § 764) limits it to: (1) any person who on June 30, 1951 is an employee of the Government of Puerto Rico, provided he has completed twelve months of services uninterrupted by an absence from service of more than three consecutive months;
Special notice was given by the court of first instance
“All amounts deducted and withheld from the salaries or compensation of the participants of the superseded pension funds shall be credited to the said participants who shall become members of the System if they are in active service, or if not, then when they enter into active service.”4
The purpose of this amendment is clearly stated in the report rendered to the Senate by the Electoral and Personnel Committee
“The purpose of this bill is to make clear some concepts of the Act in force, No. 447 of May 15, 1951, which are not clear.
“The seventh paragraph of Section 2 provides that all amounts deducted and withheld from the salaries and compensation of the participants of the superseded pension funds, shall be credited to the said participants who should become members of the Pension System. This last phrase in the paragraph tends to be interpreted as if all the employees that were participants in superseded pension funds will become part of the present Retirement System, even though they were not in active service at the date of the approval of the Act. This interpretation is erroneous and could give pause to the participants of superseded funds to believe that they have a right to the benefits provided in the System, even though they have ceased to be Government employees. Hence, this amendment by addition to this paragraph.”
The foregoing is sufficient to support our conclusion that the employees who had already retired when the new retire
In relation to the benefits for death mentioned in the petition of the case at bar, it was not until the approval of Act No. 27 of May 6, 1955 (Sess. Laws, p. 94) that they were extended to the pensioners under the provisions of Act No. 23 of 1935.
In view of the foregoing we are compelled to conclude' that at the death of Antonio Landán Ach, occurred on May 26, 1954, the plaintiff had no rights to enjoy the minimum benefit claimed. The judgment rendered by the Superior Court, San Juan Part, is reversed, and a new judgment dismissing the complaint is rendered.
Act No. 447 of 1951, supra, merged into a single system the funds ■or pension plan provided by different laws: retirement for members of police force (Act No. 70 of May 3, 1931, Sess. Laws, p. 434); of. Lopes v. Muñoz, Governor, 81 P.R.R. 328 (1959), pensions for widows of members of the police force (Act No. 155 of May 9, 1938, Sess. Laws, p. 334), retirement for officials and employees of the Government (Act No. 23 of July 16, 1935). In relation to Act No. 447, we stated in In re Castro, 73 P.R.R. 517, 519 (1952), that it was “a carefully drawn and comprehensive statute” and that “it was enacted as a result of an exhaustive study by the Public Administration Service of the various existing public pension systems” and that “it drastically modifies the previous pensions funds which it superseded.”
Participant means “any employee participating or belonging to the membership of the System.” (Section 3, Act No. 447 of 1951, 3 L.P.R.A. $ 763.)
It is significant that active employees who on said date were members of any superseded plan were not required to comply with this period of service for membership in the new system.
The amendment consisted in adding the phrase underscored.
Journal of Proceedings, 1954, p. 629. If it were necessary, Act No. 73 of 1954 could be considered as a remedial statute for the purpose of curing any defect that Act No. 447 might have had. Compañía Bon Carioca v. Tax Court, 67 P.R.R. 662 (1947); Sunland Biscuit Co. v. Minimum Wage Board, 68 P.R.R. 345 (1948).
The report oí the Senate Finance Committee on the S. B. No. 278, that became Act No. 132 of 1953, reads as follows:
“This bill orders the Administration of the Officers Retirement System of the Commonwealth, to readjust the pensions granted under Acts Nos. 70 of May 3, 1931 and 23 of July 16, 1935, to the provisions of the existing Retirement Act. This measure shall affect 247 pensioned members of the Puerto Rico Police Force and 365 additional pensioners, at an annual total cost of $83,893.01. A considerable number of pensioners shall receive the benefits of this Act when their pensions are raised to $480 annually. It should be informed that the annual cost of this measure shall be gradually reduced with the lapse of time.”
See Ledesma, Administrator v. District Court, 71 P.R.R. 81, 83 (1950).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.