The Comptroller of Puerto Rico publishes the result of the investigation of a complaint alleging irregularities with the compensation of the executive director of the Corporation of Musical Arts since she also receives a pension from the Administration of the Retirement Systems for Government Employees and the Judiciary (ASR). This official was also executive director of the Institute of Puerto Rican Culture (ICP) from March 1, 2010 to July 31, 2013.
The investigation carried out by the Office of Complaints and Fiscal Intelligence reveals that, contrary to the law in force, the executive director, who had been receiving a monthly pension of $4,674 since 2001, also earned the full monthly salary of $6,250 at the ICP and $6,333 at the CAM from April 1, 2017 to January 31, 2018. Act 146-2009, the Act on adequate compensation for their services to those appointed by the Governor and Normative Letter 3-2010 of the Office of Administration and Transformation of the Human Resources of the Government of Puerto Rico (OATRH), indicates, among other provisions, that when the pension represents 50% or more of the salary that the pensioner would earn in the position, he or she shall be entitled to receive half of that salary.
The administrator of the ASR indicated to us, among other things, by letter of May 23, 2018, that the executive director could not receive full compensation in those positions at the ICP and at the CAM, and concludes that it is necessary for an adjustment to be made to the income she receives as executive director of the CAM.
The Report also points out that the CAM withheld $5,905 from the executive director for contributions to the ASR, which was not appropriate. In addition, the entities, ICP and CAM, did not submit the required semiannual reports on pensioner employees who provide services without impairment of their pensions.
The investigation recommends that the President of the Board of Directors of the Corporation of Musical Arts comply with Act 146-2009 and Normative Letter 3-2010 regarding the appointment of pensioners to the position of executive director. In addition, it recommends that the Executive Director of the Institute of Puerto Rican Culture evaluate the situation related to the compensation paid in excess to the former executive director and take the appropriate action.
The Report dated June 14, 2018.
See the Complaint Investigation Result, RIQ-OQIF-18-09.
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