2013 -- H 5405

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LC01218

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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

     Introduced By: Representative Thomas Winfield

     Date Introduced: February 13, 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. No additional service credits shall be granted for any post-

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retirement employment or reemployment and no deductions shall be taken from an individual's

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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 shall be suspended whenever this period is exceeded. No

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additional contributions shall be taken and no additional service credits shall be granted for this

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service. Notice of this employment or re-employment shall be sent monthly to the retirement

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board by the employer and by the retired 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.

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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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eligible for and receive the retirement allowance for service other than that as a mayor,

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administrator, council member, school committee member, or member of any state board or

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commission or member of any part-time municipal board or commission; provided, however, that

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no additional service 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) twenty-five thousand dollars ($25,000) in any one calendar year. Any

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retired member who provides such instruction or service shall do so without forfeiture or

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reduction of any retirement benefit or allowance; and provided, however, that no additional

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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)

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twenty-five thousand dollars ($25,000) in any one calendar year. Any retired teacher who

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provides that instruction shall do so without forfeiture or reduction of any retirement benefit or

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allowance the retired teacher is receiving as a retired teacher; 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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     SECTION 2. This act shall take effect upon passage.

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LC01218

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES

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     This act would increase the maximum amount a retired school teacher could earn as a

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teacher on a part-time basis from fifteen thousand dollars ($15,000) to twenty-five thousand

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dollars ($25,000) per year.

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     This act would take effect upon passage.

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LC01218

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