2013 -- H 5311

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LC00626

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - RETIREMENT SYSTEM -

CONTRIBUTION AND BENEFITS

     Introduced By: Representatives Morgan, Chippendale, Trillo, Giarrusso, and Costa

     Date Introduced: February 07, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled

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"Retirement System-Contributions and Benefits" is hereby amended to read as follows:

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     36-10-36. Post retirement employment. -- (a) On and after July 7, 1994, no member

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who has retired under the provisions of titles 16, 36, or 45 may be employed or reemployed by

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any state agency or department unless any and all retirement benefits to which he or she may be

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entitled by virtue of the provisions of titles 16, 36 or 45 are suspended for the duration of any

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employment or reemployment., and no retirement allowance or benefits shall be collected during

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such period of employment or reemployment. No additional service credits shall be granted for

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any post-retirement employment or reemployment and no deductions shall be taken from an

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individual's salary for retirement contribution. Notice of any such post-retirement employment or

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reemployment shall be sent monthly to the retirement board by the employing agency or

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department and by the retired member.

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      (b) Any member who has retired under the provisions of titles 16, 36, or 45 may be

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employed or reemployed by any municipality within the state, which municipality has accepted

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the provisions of chapter 21 of title 45 and which participates in the municipal employees'

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retirement system for a period of not more than seventy-five (75) working days or one hundred

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fifty (150) half days with half day pay in any one calendar year without any forfeiture of or

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reduction of any retirement benefits and allowances the member is receiving or may receive as a

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retired member. Pension payments and retirement allowance shall be suspended whenever this

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period is exceeded during this period of employment. No additional contributions shall be taken

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and no additional service credits shall be granted for this service. Notice of this employment or

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re-employment shall be sent monthly to the retirement board by the employer and by the retired

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member.

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      (c) Any member who has retired under the provisions of title 16, 36, or 45 may be

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employed or re-employed by any municipality within the state which has not accepted the

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provisions of chapter 21 of title 45 and which does not participate in the municipal employees'

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retirement system. Provided, that if said employee is working for at least twenty (20) hours per

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week in a position with the municipality the employee shall not be eligible to receive the

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retirement allowance for service during the period the person is so employed. Provided, further,

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no additional service credits shall be granted for such employment.

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      (d) Notwithstanding the provisions of this section:

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      (1) Any retired member of the system shall be permitted to serve as an elected mayor,

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the town administrator, the city administrator, the town manager, the city manager, the chief

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administrative officer or the chief executive officer of any city or town, city or town council

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member, school committee member, or unpaid member of any part-time state board or

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commission or member of any part-time municipal board or commission, and shall continue to be

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; provided, that during the period of such service that retired member shall not be eligible for and

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to receive the retirement allowance for service other than that as a mayor, administrator, council

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member, school committee member, or member of any state board or commission or member of

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any part-time municipal board or commission; provided, however, that no additional service

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credits shall be granted for any service under this subsection;

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      (2) Any retired member who retired from service at any state college, university, state

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school, or who retired from service as a teacher under the provisions of title 16, or who retired

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from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by

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any state college, university or state school for the purpose of providing classroom instruction,

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academic advising of students and/or coaching. Compensation shall be provided at a level not to

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exceed the salary provided to other faculty members employed under a collective bargaining

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agreement at the institution. In no event shall "part-time" mean gross pay of more than fifteen

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thousand dollars ($15,000) in any one calendar year. Any retired member who provides such

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instruction or service shall do so without forfeiture or reduction of not receive any retirement

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benefit or allowance during the period of such part-time employment.; and provided, however,

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that no No additional service credits shall be granted for any service under this subsection;

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      (3) Any retired member who retired from service as a teacher under the provisions of

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title 16, or as a state employee who while an active state employee was certified to teach driver

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education by the department of elementary and secondary education or by the board of governors

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for higher education, may be employed or reemployed, on a part-time basis, by the department of

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elementary and secondary education or by the board of governors for higher education for the

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purpose of providing classroom instruction in driver education courses in accordance with section

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31-10-19 and/or motorcycle driver education courses in accordance with section 31-10.1-1.1. In

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no event shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any

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one calendar year. Any retired teacher who provides that instruction shall do so without forfeiture

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or reduction of not receive any retirement benefit or allowance the retired teacher is receiving as a

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retired teacher during the period of such part-time employment; provided, however, that no

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additional service credits shall be granted for any service under this subsection; and

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     (4) Any retired member who retired from service as a registered nurse may be employed

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or reemployed, on a per diem basis, for the purpose of providing professional nursing care and/or

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services at a state operated facility in Rhode Island. In no event shall "part-time" mean gross pay

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of more than twelve thousand dollars ($12,000) in any one calendar year. Any retired nurse who

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provides such care and/or services shall do so without forfeiture or reduction of any retirement

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benefit or allowance the retired nurse is receiving as a retired nurse; provided, however, that no

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additional service credits shall be granted for any service under this subsection.

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      (5) Any retired member who at the time of passage of this section serves as a general

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magistrate within the family court and thereafter retires from judicial service, may be employed

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or reemployed by the family court to perform such services as a general magistrate of the family

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court as the chief judge of the family court shall prescribe, without any forfeiture of or reduction

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of any retirement benefits and allowances that he or she is receiving or may receive. For any such

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services or assignments performed after retirement, the general magistrate shall receive no

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compensation whatsoever, either monetary or in kind. No additional contributions shall be taken

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and no additional service credits shall be granted for this service.

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     (6) No retired member who has retired from employment with the state of Rhode

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Island, or from any subdivision or entity thereof, including, but not limited to, a Rhode

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Island public corporation or a quasi-public corporation, or from a city, town, fire district, or

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any other governmental entity of the state, shall collect any retirement benefit or allowance

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after the employee’s retirement during any period when said employee is working for a

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period of twenty (20) hours or more for an entity whose employees are part of the

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employees’ retirement system of Rhode Island as defined in chapter 36-8 and/or the

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municipal employees’ retirement system of Rhode Island as defined in chapter 45-21, or any

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plan established by a municipality that has filed for bankruptcy protection pursuant to

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chapter 9 of title 11 of the United States Code, or a plan established by a municipality for which a

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receiver has been appointed pursuant to chapter 45-9, or a plan established by a municipality for

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which a fiscal overseer has been appointed pursuant to chapter 45-9, or any locally administered

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plan as defined in chapter 45-64, or any other municipal retirement plan. Any such employee may

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accrue additional service credits for any post-retirement employment or reemployment under any

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plan existing with respect to any such post-retirement employment or reemployment.

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     SECTION 2. This act shall take effect upon passage.

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LC00626

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - RETIREMENT SYSTEM -

CONTRIBUTION AND BENEFITS

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     This act would prevent retirees moving from state to municipal employment or vice versa

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from accumulating pension credits in more than one system.

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     This act would take effect upon passage.

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LC00626

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