Retirement board sued by police group for underpayment, exclusion from benefits
Claim asserts hundreds of eligible ex-officers were shortchanged or left out
By THE STAR STAFF
The United Fighting Police Officers Association (APUL by its acronym in Spanish) and a group of retired Puerto Rico police officers have filed suit in the San Juan Court of First Instance, alleging that the government has failed to comply with a law guaranteeing retired officers at least 50% of their salary as retirement income.
The complaint names the Government Retirement Board, the Police Retirement Trust, the Fiscal Agency and Financial Advisory Authority, and the Commonwealth of Puerto Rico as defendants. APUL argues that regulations adopted by the retirement board have resulted in the exclusion of eligible retirees and the reduction of benefits owed under law.
According to the organization, the Legislature created the Police Retirement Trust to ensure a fair and dignified retirement for officers who spent decades in public service. APUL contends that the retirement board’s application of certain eligibility requirements and benefit‑calculation criteria has instead reduced payments for some retirees and completely excluded others.
Among those affected, APUL identifies officers who retired on or before June 30, 2013, who were allegedly left out of the distribution; retirees whose benefits were reduced based on Social Security deductions they do not receive; and others whose calculations were impacted by amounts tied to the “Enhanced Retirement” provisions of Plan 106.
The organization also challenges the board’s decision to retain funds that APUL argues should have been distributed, and to require retirees to submit additional forms and documentation under threat of losing their benefit.
APUL says the result was a flawed distribution on June 30 of this year in which many retirees received no payment or a lower amount than what the law mandates. Figures released by the retirement board show that of an estimated 2,752 eligible officers, only 1,011 were able to file the required application during the initial days of the platform’s launch -- a number APUL says demonstrates that hundreds may have been left out.
“Retired police officers are not asking for a favor. They are asking that the law be followed,” APUL President Gabriel Hernández said. “The Legislature was clear, and the application of certain criteria ends up paying less and excluding colleagues who gave up to 30 years of service. APUL will not stand by. We are going to court to defend every retired police officer in Puerto Rico.”
Hernández stressed that the legal action is not intended as a confrontation with the retirement board, but rather as a necessary step to ensure compliance with the law.
“This is not against anyone. It is in favor of retired police officers,” he said. “If the provisions we are challenging are clarified and corrected and the proper payments are made, everyone benefits. But as long as there are retirees who were excluded or underpaid, APUL will defend their rights.”
The lawsuit asks the court to invalidate the portions of Regulation 9755 and Memorandum 2026‑06 that APUL considers unlawful. It also seeks an order requiring the recalculation and proper payment of the June 30 distribution, and directing that future distributions be carried out according to law -- without exclusions, unauthorized deductions or additional requirements.
“The law guarantees retired police officers fifty percent of their salary. The Retirement Board did not comply,” Hernández said. “APUL went to court so that the law is enforced and every retired police officer receives what they are owed.”
APUL is urging any retired officers who were excluded, underpaid, or who received no payment to contact the organization for guidance regarding the legal action.
Comments