Chapter 379
2004 -- S 2709
AS AMENDED
Enacted 07/03/04
A N A C T
RELATING
TO PUBLIC OFFICERS AND EMPLOYEES - RETIREMENT SYSTEM -
CONTRIBUTIONS
AND BENEFITS
Introduced
By: Senator Daniel J. Issa
Date
Introduced: February 11, 2004
It
is enacted by the General Assembly as follows:
SECTION
1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled
"Retirement
System-Contributions and Benefits" is hereby amended to read as follows:
36-10-36.
Post retirement employment. -- (a) On and after July 7, 1994, no member
who
has retired under the provisions of titles 16, 36, or 45 may be employed or
reemployed by
any
state agency or department unless any and all retirement benefits to which he
or she may be
entitled
by virtue of the provisions of titles 16, 36 or 45 are suspended for the
duration of any
employment
or reemployment. No additional service credits shall be granted for any post-
retirement
employment or reemployment and no deductions shall be taken from an
individual's
salary
for retirement contribution. Notice of any such post-retirement employment or
reemployment
shall be sent monthly to the retirement board by the employing agency or
department
and by the retired member.
(b) Any member who has retired under the provisions of titles 16, 36, or 45 may
be
employed
or reemployed by any municipality within the state, which municipality has
accepted
the
provisions of chapter 21 of title 45 and which participates in the municipal
employees'
retirement
system for a period of not more than seventy-five (75) working days or one
hundred
fifty
(150) half days with half day pay in any one calendar year without any
forfeiture of or
reduction
of any retirement benefits and allowances the member is receiving or may
receive as a
retired
member. Pension payments shall be suspended whenever this period is exceeded.
No
additional
contributions shall be taken and no additional service credits shall be granted
for this
service.
Notice of this employment or re-employment shall be sent monthly to the
retirement
board
by the employer and by the retired member.
(c) Any member who has retired under the provisions of title 16, 36, or 45 may
be
employed
or re-employed by any municipality within the state which has not accepted the
provisions
of chapter 21 of title 45 and which does not participate in the municipal
employees'
retirement
system.
(d) Notwithstanding the provisions of this section:
(1) Any retired member of the system shall be permitted to serve as an elected
mayor,
the
town administrator, the city administrator, the town manager, the city manager,
the chief
administrative
officer or the chief executive officer of any city or town, city or town
council
member,
school committee member, or unpaid member of any part-time state board or
commission
or member of any part-time municipal board or commission, and shall continue to
be
eligible
for and receive the retirement allowance for service other than that as a
mayor,
administrator,
council member, school committee member, or member of any state board or
commission
or member of any part-time municipal board or commission; provided, however,
that
no
additional service credits shall be granted for any service under this
subsection;
(2) Any retired member who retired from service at any state college,
university, state
school,
or who retired from service as a teacher under the provisions of title 16, or
who retired
from
service under title 36 or title 45, may be employed or reemployed, on a
part-time basis, by
any
state college, university or state school for the purpose of providing
classroom instruction,
academic
advising of students and/or coaching. Compensation shall be provided at a level
not to
exceed
the salary provided to other faculty members employed under a collective
bargaining
agreement
at the institution. In no event shall "part-time" mean gross pay of
more than twelve
fifteen thousand dollars ($12,000)($15,000)
in any one calendar year. Any retired member who
provides
such instruction or service shall do so without forfeiture or reduction of any
retirement
benefit
or allowance; and provided, however, that no additional service credits shall
be granted
for
any service under this subsection;
(3) Any retired member who retired from service as a teacher under the
provisions of
title
16, or as a state employee who while an active state employee was certified to
teach driver
education
by the department of elementary and secondary education or by the board of
governors
for
higher education, may be employed or reemployed, on a part-time basis, by the
department of
elementary
and secondary education or by the board of governors for higher education for
the
purpose
of providing classroom instruction in driver education courses in accordance
with section
31-10-19
and/or motorcycle driver education courses in accordance with section
31-10.1-1.1. In
no
event shall "part-time" mean gross pay of more than twelve fifteen
thousand dollars
($12,000)($15,000) in any one calendar
year. Any retired teacher who provides that instruction
shall
do so without forfeiture or reduction of any retirement benefit or allowance
the retired
teacher
is receiving as a retired teacher; provided, however, that no additional
service credits shall
be
granted for any service under this subsection; and
(4) Any retired member who retired from service as a registered nurse may be
employed
or
reemployed, on a per diem basis, for the purpose of providing professional
nursing care and/or
services
at a state operated facility in Rhode Island. In no event shall
"part-time" mean gross pay
of
more than twelve thousand dollars ($12,000) in any one calendar year. Any
retired nurse who
provides
such care and/or services shall do so without forfeiture or reduction of any
retirement
benefit
or allowance the retired nurse is receiving as a retired nurse; provided,
however, that no
additional
service credits shall be granted for any service under this subsection.
SECTION
2. This act shall take effect upon passage.
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LC02184
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