Chapter
474
2004 -- H 7948 AS AMENDED
Enacted 07/07/04
A N A C T
RELATING TO PUBLIC OFFICERS
AND EMPLOYEES - RETIREMENT SYSTEM -
CONTRIBUTIONS AND BENEFITS
Introduced By:
Representatives Carter, Malik, Rose, Gallison, and T Brien
Date
Introduced: February 12, 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.
=======
LC01818
=======