2022 -- S 2754

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LC005344

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --

CONTRIBUTIONS AND BENEFITS

     

     Introduced By: Senators Felag, Sosnowski, Ciccone, and F Lombardi

     Date Introduced: March 24, 2022

     Referred To: Senate Finance

     (Dept. of Environmental Management)

It is enacted by the General Assembly as follows:

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

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

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     36-10-1. Member contributions -- Deduction from compensation.

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     (a) Prior to July 1, 2012, each member of the retirement system shall contribute an amount

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equal to eight and three-quarters percent (8.75%) of his or her compensation as his or her share of

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the cost of annuities, benefits, and allowances. Effective July 1, 2012, each member of the

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retirement system shall contribute an amount equal to three and three quarters percent (3.75%) of

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his or her compensation, except for correctional officers as defined in § 36-10-9.2 who shall

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contribute an amount equal to eight and three quarters percent (8.75%) of his or her compensation.

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Effective July 1, 2015, each member of the retirement system, except for correctional officers as

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defined in § 36-10-9.2, with twenty (20) or more years of total service as of June 30, 2012 shall

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contribute an amount equal to eleven percent (11%) of compensation. The contributions shall be

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made in the form of deductions from compensation. Effective July 1, 2022, state employees

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employed as environmental police officers by the department of environmental management shall

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contribute an amount equal to ten percent (10%) of their compensation.

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     (b) The deductions provided for herein shall be made notwithstanding that the minimum

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compensation provided by law for any member shall be reduced thereby. Every member shall be

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deemed to consent and agree to the deductions made and provided for herein and receipt of his or

 

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her full compensation and payment of compensation, less the deductions, shall be a full and

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complete discharge and acquittance of all claims and demands whatsoever for the services rendered

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by the person during the period covered by the payment except as to the benefit provided under this

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chapter.

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     SECTION 2. Section 36-10.3-1 of the General Laws in Chapter 36-10.3 entitled "Defined

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Contribution Retirement Plan" is hereby amended to read as follows:

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     36-10.3-1. Definitions.

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     As used in this chapter, the following terms, unless the context requires a different

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interpretation, shall have the following meanings:

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     (1) "Compensation" means compensation as defined in § 36-8-1(8).

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     (2) "Employee" means an employee as defined in §§ 36-8-1(9) and 45-21-2(7) and a

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teacher as defined in § 16-16-1(12), effective July 1, 2012; provided however, effective July 1,

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2015, "employee" shall not include any employee with twenty (20) or more years of total service

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as of June 30, 2012, in the employees retirement system under chapters 8 through 10 of title 36 or

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chapter 16 of title 16 (ERS), or the municipal employees retirement system under chapter 21 of

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title 45 (MERS); provided, however, effective July 1, 2022, "employee" shall not include

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environmental police officers employed by the department of environmental management.

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     (3) "Employer" means the State of Rhode Island or the local municipality which employs

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a member of the Employees Retirement System under chapters 8 through 10 of title 36 or chapter

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16 of title 16 (ERS) or the Municipal Employees Retirement System under chapters 21 and 21.2 of

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title 45 (MERS).

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     (4) "Plan" means the retirement plan established by this chapter.

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     (5) A "public safety member" shall mean a member of MERS who is a municipal fire

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fighter or a municipal policeman or policewoman as defined in § 45-21.2-2 who does not participate

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in Social Security under the Federal Old Age, Survivors, and Disability income program.

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     (6) "Regular member" means:

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     (i) An employee who is a member of ERS other than correctional officers as defined in §

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36-10-9.2; or

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     (ii) An employee who is a member of MERS other than a public safety member.

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     (7) The "retirement board" or "board" shall mean the retirement board of the Employees

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Retirement System of Rhode Island as defined in chapter 8 of this title. The retirement board shall

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be the plan administrator and plan trustee and shall administer the plan in accordance with § 36-8-

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4.1.

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     (8) "State investment commission" or "commission" means the state investment

 

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commission as defined in § 35-10-1.

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     (9) "Supplemental employer" includes any employer that provides supplemental

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contributions to the defined contribution retirement plan as provided in § 36-10.3-3.

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     (10) "Supplemental member" is defined in § 36-10.3-3.

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     SECTION 3. Chapter 36-10 of the General Laws entitled "Retirement System -

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Contributions and Benefits" is hereby amended by adding thereto the following section:

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     36-10-9.8. Retirement on service allowance -- State law enforcement professionals.

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     Effective July 1, 2022, notwithstanding any special law or general law, rule or regulation

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to the contrary, state employees employed as environmental police officers employed by the

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department of environmental management shall be entitled to the benefits provided by §§ 45-21.2-

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5, 45-21.2-6, 45-21.2-10, 45-21.2-11, 45-21.2-12, and 45-21.2-13.

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --

CONTRIBUTIONS AND BENEFITS

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     This act would, effective July 1, 2022, entitle environmental police officers to the benefits

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provided by chapter 21.2 of title 45 entitled "Optional retirement for members of police force and

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firefighters."

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     This act would take effect upon passage.

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