Chauffeurs’ Social Security: what the 50¢ deduction is and what it gives you

It is a social security plan — not car insurance and not ACAA — aimed at people who drive as part of their job. The Department of Labour defines the insured broadly: any person legally authorised to drive under a driver’s, motorcycle, chauffeur’s or heavy-vehicle licence who, as part of their work, drives a motor vehicle usually and regularly rather than casually or sporadically, under any form of compensation; the owner of a vehicle dedicated by law to public transport who drives it to provide that service; and a person employed by another, by a private company or by municipal or state Government, its agencies, public corporations or authorities, in any occupation where the employer requires or allows them to operate a motor vehicle as an integral part of their work.

Excluded, according to the Department of Labour: administrators, executives and professionals, as those terms are defined by Puerto Rico’s Minimum Wage Board; Federal Government employees; and insured persons who have received the bonus provided under Article 6 of the Chauffeurs’ Insurance Act. In addition, to qualify for benefits the insured must have contributed to the plan for a set number of weeks within the Contribution Year the Act stipulates for each benefit; the Department does not publish those numbers per benefit, so they are confirmed at the office.

• Being covered: that your employer requires or allows you to drive a motor vehicle usually and regularly as an integral part of your work, or being a self-employed driver in authorised public transport.Verified against the official source
• Having contributed to the plan for the number of weeks the Act stipulates within the Contribution Year for the benefit you are claiming.Verified against the official source
• Applying within the deadline: the sickness benefit, within ninety (90) days of the date of illness. The rest, within one year of the date of permanent total disability, of the insured’s death, or of the death of their spouse or one of their children.Verified against the official source

• The insured’s name and address, and the benefit being claimed. That is what the Department of Labour asks for to open the case.
• Any additional information requested, submitted as soon as possible: the Department expressly states that issuing a decision depends on it.

1. 1

   Step 1: Find out whether you are covered

   You do not have to be a taxi or public transport driver. The test the Department of Labour uses is whether your employer requires or allows you to drive a motor vehicle usually and regularly — not casually or sporadically — as an integral part of your work. If 50¢ is deducted weekly, you are in. If you drive for work and nothing is deducted, that is a conversation to have with your employer, because the law places the obligation on them.

2. 2

   Step 2: If you fell ill, ninety days are counting

   The sickness pension is granted for any physical or mental condition preventing you from working and driving a motor vehicle, and expressly includes inability to work caused by or related to pregnancy and childbirth. It is paid weekly on a scale according to the weeks contributed. The deadline to apply is ninety days from the date of illness, and it is the shortest deadline in the programme.

3. 3

   Step 3: The other benefits: one year

   Permanent total disability occurring before age 65 — any illness, injury or condition resulting in permanent inability to drive motor vehicles — is paid as a lump sum on a scale. At 65 or older, the insured is entitled to a single retirement bonus payment, also on a scale. And on the insured’s death, those who depended wholly or partly on their earnings receive a single scale-based payment. All of these must be applied for within one year.

4. 4

   Step 4: The fixed payments on a death in the family

   These do carry published figures. If your spouse dies, a single payment of $800.00 is granted to help cover expenses. If a child between six and fifteen dies, $500.00; if under six, $300.00. And if the insured dies without dependents, a single payment of up to $600.00 is granted to whoever incurred the funeral service costs.

5. 5

   Step 5: Call, do not wait

   The Department of Labour says it in an unusual way: to claim benefits, the insured, their spouse, any relative, friend or the employer must immediately notify staff at any Chauffeurs’ Insurance office, by the fastest possible means, including a telephone call. That is: you do not have to go yourself, and you do not need a complete file to start. Open the case and complete it afterwards.

6. 6

   Step 6: If you are denied, you have twenty days

   You may request a reconsideration in writing within twenty days of the notification. If the Director upholds the determination, you may appeal to the Secretary of Labour within twenty days of the date of that notification. They are two consecutive twenty-day windows and neither is recoverable.

At the Chauffeurs’ Insurance central office or any of its area offices, by personal visit or telephone call. Central: Prudencio Rivera Martínez Building, 9th floor, 505 Ave. Muñoz Rivera, Hato Rey, PR 00918, tel. (787) 754-5353 ext. 2486, 2419 and 2455. Arecibo: Centro Gubernamental, 1st floor, 372 Ave. José A. Cedeño, Ste. 205 A, tel. (787) 878-5040. Caguas: Centro Gubernamental, 1st floor, office 106, Calle Acosta at Goyco, tel. (787) 743-5960. Mayagüez: Villa Capitán II Building, 3rd floor, suite 302, 828 Ave. Eugenio María de Hostos, tel. (787) 832-4454. The Department also lists an area office in Ponce.

• Believing the Chauffeurs’ Insurance is only for taxi or public transport drivers.
• Letting the ninety days from the date of illness pass before requesting the sickness pension.
• Waiting to have every document instead of opening the case with a phone call, as the Department itself indicates.
• Confusing it with ACAA or the State Insurance Fund and filing with only one when several apply.
• Letting the twenty days for reconsideration or the twenty for appeal to the Secretary lapse.
• Not claiming the payments on the death of a spouse or child, which are fixed amounts requested within one year.

These are the government pages this guide is based on.

• Departamento del Trabajo y Recursos Humanos (DTRH)

  Departamento del Trabajo

  www.trabajo.pr.gov

• Department of Labour and Human Resources — official site

  DTRH

  www.trabajo.pr.gov