ARTICLE 7 SUBSTITUTE A AS AMENDED
RELATING TO
PENSIONS
SECTION
1. Section 36-8-1 of the General Laws in Chapter 36-8 entitled "Retirement
System -
Administration" is hereby amended to read as follows:
36-8-1. Definition
of terms. -- The following words and phrases as used in chapters 8 to
10 of this title unless a different meaning is plainly
required by the context, shall have the
following meanings:
(1) "Accumulated
contributions" shall mean the sum of all the amounts deducted from
the compensation of a member and credited to his or
her individual account together with regular
interest thereon.
(2) "Actuarial
equivalent" shall mean an allowance or benefit of equal value to any other
allowance or benefit when computed upon the basis of
the actuarial tables in use by the system.
(3) "Annuity
reserve" shall mean the present value of all payments to be made on
account of any annuity, benefit, or retirement
allowance granted under the provisions of chapter
10 of this title computed upon the basis of such
mortality tables as shall be adopted from time to
time by the retirement board with regular interest.
(4) "Average
compensation" for members eligible to retire as of September 30, 2009
shall mean the average of the highest three (3)
consecutive years of compensation, within the total
service when the average compensation was the highest.
For members eligible to retire on or after
October 1, 2009, "Average compensation"
shall mean the average of the highest five (5)
consecutive years of compensation within the total
service when the average compensation was
the highest.
(5)
"Beneficiary" shall mean any person in receipt of a pension, an
annuity, a retirement
allowance, or other benefit as provided by chapter 10
of this title.
(6) "Casual
employee" shall mean those persons hired for an occasional period to
perform special jobs or functions not necessarily
related to the work of regular employees.
(7)
"Compensation" as used in chapters 8 -- 10 of this title, chapters 16
and 17 of title 16,
and chapter 21 of title 45 shall mean salary or wages
earned and paid for the performance of
duties for covered employment, including regular
longevity or incentive plans approved by the
board, but shall not include payments made for
overtime or reasons other than performance of
duties or activities, including but not limited to the
types of payments listed below:
(i)
Payments contingent on the employee having terminated or died;
(ii) Payments made at
termination for unused sick leave, vacation leave, or
compensatory time;
(iii) Payments
contingent on the employee terminating employment at a specified time in
the future to secure voluntary retirement or to secure
release of an unexpired contract of
employment;
(iv) Individual salary
adjustments which are granted primarily in anticipation of the
employee's retirement;
(v) Additional payments
for performing temporary or extra duties beyond the normal or
regular work day or work year.
(8)
"Employee" shall mean any officer or employee of the state of
business time is devoted exclusively to the services
of the state, but shall not include one whose
duties are of a casual or seasonal nature. The
retirement board shall determine who are employees
within the meaning of this chapter. The governor of
the state, the lieutenant governor, the
secretary of state, the attorney general, the general
treasurer, and the members of the general
assembly, ex officio, shall not be deemed to be
employees within the meaning of that term unless
and until they elect to become members of the system
as provided in section 36-9-6, but in no
case shall it deem as an employee, for the purposes of
this chapter, any individual who devotes
less than twenty (20) business hours per week to the
service of the state, and who receives less
than the equivalent of minimum wage compensation on an
hourly basis for his or her services,
except as provided in section 36-9-24. Any
commissioner of a municipal housing authority or any
member of a part-time state board, commission,
committee or other public authority shall not be
deemed to be an employee within the meaning of this
chapter.
(9) "Full actuarial
costs" or "full actuarial value" shall mean the lump sum payable
by a
member claiming service credit for certain employment
for which that payment is required which
is determined according to the age of the member and
the employee's annual rate of compensation
at the time he or she applies for service credit and
which is expressed as a rate percent of the
employee's annual rate of compensation to be
multiplied by the number of years for which he or
she claims service credit as prescribed in a schedule
adopted by the retirement board from time to
time on the basis of computation by the actuary. All
service credit purchases requested after June
16, 2009, except military credit as provided by
sections 36-9-31 and 16-16-7.1, shall be at full
actuarial value.
(10) "Inactive
member" shall mean a member who has withdrawn from service as an
employee but who has not received a refund of
contributions.
(11)
"Members" shall mean any person included in the membership of the
retirement
system as provided in sections 36-9-1 -- 36-9-7.
(12) "Prior
service" shall mean service as a member rendered before July 1, 1936,
certified on his or her prior service certificate and
allowable as provided in section 36-9-28.
(13) "Regular
interest" shall mean interest at the rate of two percent (2%) per annum,
compounded annually, or at such other rate determined
from the actual experience of the system
as may be prescribed from time to time by the board.
(14) "Retirement
allowance" shall mean annual payments for life made after retirement
under and in accordance with chapters 8 to 10 of this
title. All allowances shall be paid in equal
monthly installments beginning as of the effective
date thereof; provided, that a smaller pro rata
amount may be paid for part of a month where
separation from service occurs during the month
in which the application was filed, and when the
allowance ceases before the last day of the
month.
(15) "Retirement
board" shall mean the board provided in section 36-8-3 to administer
the retirement system.
(16) "Retirement
system" shall mean the employees' retirement system of the state of
(17)
"Service" shall mean service as an employee of the state of
described in subdivision (8) of this section.
(18) "Total
service" shall mean prior service as defined above, plus service rendered
as a
member on or after July 1, 1936.
(19) "Active
member" shall mean any employee of the state of
in this section for whom the retirement system is
currently receiving regular contributions
pursuant to sections 36-10-1 and 36-10-1.1.
SECTION
2. Sections 36-9-20, 36-9-20.5, 36-9-25.1, 36-9-26 and 36-9-31.1 of the
General Laws in Chapter
36-9 entitled "Retirement System-Membership and Service Credits" are
hereby amended to read as
follows:
36-9-20. Credit
for service as a teacher, municipal employee, or legislator. -- (a) Any
state employee who shall have rendered service as a
teacher as defined under the provisions of
chapters 16 and 17 of title 16 shall be entitled to
credit for that service for the various purposes of
this system, provided the member shall have been a
contributing member of this system for that
period. Any state employee who shall have been a
contributing member of the municipal system
as defined under the provisions of chapter 21 of title
45 shall be given credit for that service for
the various purposes of this system, provided the
member's contributions are transferred to this
system. All contributions made by the member shall be
transferred into this system for the periods
of service and the retirement system shall calculate
the full actuarial value of the accrued benefit
with the former employer. If the full actuarial value
of the accrued benefit with the former
employer is greater than the total employee
contributions transferred, the retirement system shall
also transfer the difference between the full
actuarial value of the accrued benefit with the former
employer and the employee's contributions from the
account of the former employer to the
account of the current employer. In any case in which
a member shall have received a refund or
refunds of contributions made to the system, the
allowance of the aforesaid credit for service shall
be conditioned upon the repayment payment
of the refund or refunds, including regular interest
from the date of refund to the date of repayment of the full actuarial cost as defined in
subsection
36-8-1(9).
Any service as defined herein for which no contributions were made may be
granted
provided the member pays to the retirement system a
the full actuarial cost as defined in section
36-8-1(9) lump
sum amount equal to the amount he or she would have contributed had he or she
been a member during that period, plus interest as
determined by the retirement board.
Any state
employee or teacher as defined under the provisions of
chapters 16 and 17 of title 16 who shall
have been employed by a municipality which did not
elect to accept chapter 21 of title 45 as
provided in section 45-21-4 shall be given credit for
that service for the various purposes of this
system, provided that the employee shall have met the
definitional requirements of "employee" as
stated in section 45-21-2(5) and provided the member
pays to the retirement system a an lump
sum amount
equal to the full actuarial value of the credit as certified by the retirement
board;
provided, however, that any state employee who shall
have been employed by a municipality
which did not elect to accept chapter 21 of title 45
as provided in section 45-21-4 shall be given
credit for that service for the various purposes of
this system, to a maximum period of four (4)
years, provided the member pays to the retirement
system the a full actuarial cost as defined in
subsection 36-8-1(9). lump sum amount equal to ten percent (10%) of his
or her entry level salary
in the state retirement system multiplied by the
number of years in which he or she seeks
membership service credit prior to December 31, 1986. Nothing in this section shall be deemed to
allow the purchase of four (4) years of service for
credit in more than one retirement system.
(b) The retirement
board shall fix and determine rules and regulations to govern the
provisions of this section.
36-9-20.5.
Purchase of service credit -- Inactive status. -- Notwithstanding any
general
or public law to the contrary, any state employee or
teacher participating in the employees'
retirement system who is on workers' compensation may
purchase up to four (4) years of service
credit for time currently permitted to be purchased
under law without the necessity of returning to
active status as an employee. The member shall pay to
the system the full actuarial cost as defined
in subsection 36-8-1(9) in a lump sum the contributions he or she would
have paid plus interest
for the period for which the member seeks membership
service credit, except as provided in
section 36-9-31 for military service credit.
36-9-25.1.Leave
service credits. -- (a) Notwithstanding any other provisions of the
retirement law or rulings of the retirement board in
accordance with the powers vested therein,
state employees with at least one year of service who
have been granted by their appointing
authority a leave of absence without pay to further
their education in the field of their state
employment, shall be entitled to credit as service for
the various purposes of their retirement
system, provided the person, upon completion of his or
her educational leave, returns to state
service for at least one year; and provided further
that the employee makes arrangements to pay
into the retirement system on or before the date of
retirement and in such manner as the
retirement board may prescribe an amount equal to the full
actuarial cost as defined in subsection
36-8-1(9) contribution
he or she would have made to the retirement system based upon his or her
expected compensation but for the granting of leave
without pay,. the contributions plus regular
interest compounded annually up to the date of
payment.
(b) Any state employee
who is granted a leave of absence without pay for illness, injury,
or any other reason may receive credit therefor by making the full actuarial cost as defined in
subsection 36-8-1(9) contributions to the retirement system an amount equal to the
contribution
he or she would have made to the retirement system
based upon his or her expected compensation
but for the granting of leave without pay, plus
regular interest compounded annually to date of
payment;
provided the employee returns to state service for at least one year upon
completion of
the leave. Credit for leaves of absence shall be
limited in the aggregate during the total service of
an employee to a period of four (4) years.
36-9-26. Credits
for layoffs. -- (a) Members who are laid off for any reason and are not
on leave without pay may purchase up to one years'
credit for retirement purposes; provided the
member did not withdraw his or her retirement
contributions while on layoff, and returns to active
membership; provided, further, that the member
purchases that credit upon his or her return to
service from the layoff and pays into the retirement
system the full actuarial cost as defined in
subsection 36-8-1(9). in a lump sum the amount he or she would have contributed
to the system
but for the layoff plus regular interest.
(b) The retirement
board shall fix and determine rules and regulations to govern the
provisions of this section.
36-9-31.1. Peace corps,
teacher corps, and volunteers in service to
Any active member who served in the peace corps,
teacher corps, or in volunteers in service to
provided, that any member on an official leave of
absence for illness or injury shall be eligible to
purchase those credits while on the leave of absence.
(b) The cost to
purchase these credits shall be the full actuarial cost as defined in
subsection 36-8-1(9) ten percent (10%) of the members first year earnings as a member of
the
retirement system multiplied by the number of years
and fraction thereof of that service
in the
peace corps, teacher corps, or
(c) There will be no
interest charge provided the member makes that purchase during his
or her first five (5) years of membership in the
retirement system, but regular interest will be
charged to date of purchase from date of enrollment
into membership if purchased after
completing five (5) years of membership; provided,
however, any member who was in the
retirement system prior to July 1, 1980, will not be
charged interest whenever he or she purchases
the credit.
SECTION
3. Sections 36-10-9, 36-10-9.2, 36-10-9.3, 36-10-10, 36-10-11, 36-10-14, 36-
10-15 and 36-10-35 of the
General Laws in Chapter 36-10 entitled "Retirement System-
Contributions and
Benefits" are hereby amended to read as follows:
36-10-9.
Retirement on service allowance -- In general. -- Retirement of a
member on
a service retirement allowance shall be made by the
retirement board as follows:
(1) (a) (i) Any member may retire upon his or her written
application to the retirement
board as of the first day of the calendar month in
which the application was filed; provided, the
member was separated from service prior thereto; and
further provided, however, that if
separation from service occurs during the month in which
application is filed, the effective date
shall be the first day following that separation from
service; and provided further that the member
on his or her retirement date attained the age of
sixty (60) and completed at least ten (10) years of
contributory service on or before July 1, 2005 or who,
regardless of age, has completed twenty-
eight (28) years of total service and has completed at
least ten (10) years of contributory service
on or before July 1, 2005, and who retire before
October 1, 2009 or are eligible to retire as of
September 30, 2009.
(ii) For members who
become eligible to retire on or after October 1, 2009, benefits are
available to members who have attained the age of
sixty-two (62) and completed at least ten (10)
years of contributory service. For members in service
as of October 1, 2009 who were not eligible
to retire as of September 30, 2009, the minimum
retirement age of sixty-two (62) will be adjusted
downward in proportion to the amount of service the
member has earned as of September 30,
2009. The proportional formula shall work as follows:
(1) The formula shall
determine the first age of retirement eligibility under the laws in
effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age of
sixty-two (62).
(2) The formula shall
then take the member's total service credit as of September 30,
2009 as the numerator and the years of service credit
determined under (1) as the denominator.
(3) The fraction
determined in (2) shall then be multiplied by the age difference
determined in (1) to apply a reduction in years from
age sixty-two (62).
(b) (i) Any member, who has not completed at least ten (10)
years of contributory
service on or before July 1, 2005, may retire upon his
or her written application to the retirement
board as of the first day of the calendar month in
which the application was filed; provided, the
member was separated from service prior thereto; and
further provided, however, that if
separation from service occurs during the month in
which application is filed, the effective date
shall be the first day following that separation from
service; provided, the member or his or her
retirement date had attained the age of fifty-nine
(59) and had completed at least twenty-nine (29)
years of total service or provided that the member on
his or her retirement date had attained the
age of sixty-five (65) and had completed at least ten
(10) years of contributory service; or
provided, that the member on his or her retirement
date had attained the age of fifty-five (55) and
had completed twenty (20) years of total service
provided, that the retirement allowance, as
determined according to the formula in section
36-10-10 is reduced actuarially for each month
that the age of the member is less than sixty-five
(65) years, and who retire before October 1,
2009 or are eligible to retire as of September 30,
2009.
(ii) For members who become
eligible to retire on or after October 1, 2009, benefits are
available to members who have attained the age of
sixty-two (62) and completed at least twenty-
nine (29) years of total service or have attained the
age of sixty-five (65) and completed at least
ten (10) years of contributory service. For members in
service as of October 1, 2009 who were
not eligible to retire as of September 30, 2009, who
have a minimum retirement age of sixty-two
(62), the retirement age will be adjusted downward in proportion
to the amount of service the
member has earned as of September 30, 2009. The
proportional formula shall work as follows:
(1) The formula shall
determine the first age of retirement eligibility under the laws in
effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age of
sixty-two (62).
(2) The formula shall
then take the member's total service credit as of September 30,
2009 as the numerator and the years of service credit
determined under (1) as the denominator.
(3) The fraction
determined in (2) above shall then be multiplied by the age difference
determined in (1) to apply a reduction in years from
age sixty-two (62).
(2) Any faculty employee
at a public institution of higher education under the jurisdiction
of the board of governors for higher education shall
not be involuntarily retired upon attaining the
age of seventy (70) years.
(3) (i) Except as specifically provided in section 36-10-9.1,
sections 36-10-12 -- 36-10-
15, and sections 45-21-19 -- 45-21-22, no member shall
be eligible for pension benefits under this
chapter unless the member shall have been a
contributing member of the employee's retirement
system for at least ten (10) years.
(ii) Provided, however,
a person who has ten (10) years service credit on or before June
16, 1991, shall be vested.
(iii) Furthermore, any
past service credits purchased in accordance with section 36-9-38
shall be counted towards vesting.
(iv) Any person who becomes
a member of the employees' retirement system pursuant to
section 45-21-4 shall be considered a contributing
member for the purpose of chapter 21 of title
45 and this chapter.
(v) Notwithstanding any
other provision of law, no more than five (5) years of service
credit may be purchased by a member of the system. The
five (5) year limit shall not apply to any
purchases made prior to January 1, 1995. A member who
has purchased more than five (5) years
of service credits before January 1, 1995, shall be
permitted to apply those purchases towards the
member's service retirement. However, no further
purchase will be permitted. Repayment in
accordance with applicable law and regulation of any
contribution previously withdrawn from the
system shall not be deemed a purchase of service
credit.
(4) No member of the
employees' retirement system shall be permitted to purchase
service credits for casual or seasonal employment, for
employment as a page in the general
assembly, or for employment at any state college or
university while the employee is a student or
graduate assistant of the college or university.
(5) Except as
specifically provided in sections 16-16-6.2 and 16-16-6.4, a member shall
not receive service credit in this retirement system
for any year or portion of it, which counts as
service credit in any other retirement system in which
the member is vested or from which the
member is receiving a pension and/or any annual
payment for life. This subsection shall not apply
to any payments received pursuant to the federal
Social Security Act or to payments from a
military pension earned prior to participation in
state or municipal employment, or to military
service credits earned prior to participation in state
or municipal employment.
(6) A member who seeks
to purchase or receive service credit in this retirement system
shall have the affirmative duty to disclose to the
retirement board whether or not he or she is a
vested member in any other retirement system and/or is
receiving a pension, retirement
allowance, or any annual payment for life. The
retirement board shall have the right to investigate
as to whether or not the member has utilized the same
time of service for credit in any other
retirement system. The member has an affirmative duty
to cooperate with the retirement board
including, by way of illustration and not by way of
limitations the duty to furnish or have
furnished to the retirement board any relevant information
which is protected by any privacy act.
(7) A member who fails
to cooperate with the retirement board shall not have the time of
service counted toward total service credit until such
time as the member cooperates with the
retirement board and until such time as the retirement
board determines the validity of the service
credit.
(8) A member who
knowingly makes a false statement to the retirement board regarding
service time or credit shall not be entitled to a
retirement allowance and is entitled only to the
return of his or her contributions without interest.
36-10-9.2.
Retirement on service allowance -- Correctional officers. -- (a) This
section
shall apply to the retirement of members employed as
assistant director (adult services), assistant
deputy director, chief of inspection, and associate
directors, correctional officer, chief of security,
work rehabilitation program supervisor, supervisor of
custodial records and reports, and
classification counselor within the department of
corrections.
(b) (i) Any member who has attained the age of fifty (50)
years may be retired
subsequent to the proper execution and filing of a
written application; provided, however, that the
member shall have completed twenty (20) years of total
service within the department of
corrections and who retires before October 1, 2009
or is eligible to retire as of September 30,
2009.
(ii) For members who
become eligible to retire on or after October 1, 2009, benefits are
available to members who have attained the age of
fifty-five (55) and have completed at least
twenty-five (25) years of total service within the
department of corrections. For members in
service as of October 1, 2009 who were not eligible to
retire as of September 30, 2009, the
minimum retirement age of fifty-five (55) will be
adjusted downward in proportion to the amount
of service the member has earned as of September 30,
2009. The proportional formula shall work
as follows:
(1) The formula
shall determine the first age of retirement eligibility under the laws in
effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age of
fifty-five (55).
(2) The formula shall
then take the member's total service credit as of September 30,
2009 as the numerator and the years of service credit
determined under (1) as the denominator.
(3) The fraction
determined in (2) shall then be multiplied by the age difference
determined in (1) to apply a reduction in years from
age fifty-five (55).
36-10-9.3.
Retirement on service allowance -- Registered nurses. -- (a) This
section
shall apply to the retirement of members employed as
registered nurses within the department of
mental health, retardation, and hospitals.
(b) Any member who has
attained the age of fifty (50) years may be retired subsequent
to the proper execution and filing of written
application; provided, however, that the member
shall have completed twenty-five (25) years of total
service within the department of mental
health, retardation, and hospitals and who retires
before October 1, 2009 or is eligible to retire as
of September 30, 2009.
(ii) For members who
become eligible to retire on or after October 1, 2009, benefits are
available to members who have attained the age of
fifty-five (55) and have completed at least
twenty-five (25) years of total service within the
department of mental health, retardation and
hospitals. For members in service as of October 1,
2009 who were not eligible to retire as of
September 30, 2009, the minimum retirement age of
fifty-five (55), the retirement age will be
adjusted downward in proportion to the amount of
service the member has earned as of
September 30, 2009. The proportional formula shall
work as follows:
(1) The formula
shall determine the first age of retirement eligibility under the laws in
effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age of
fifty-five (55).
(2) The formula shall
then take the member's total service credit as of September 30,
2009 as the numerator and the years of service credit
determined under (1) as the denominator.
(3) The fraction determined
in (2) shall then be multiplied by the age difference
determined in (1) to apply a reduction in years from
age fifty-five (55).
36-10-10. Amount
of service retirement allowance. -- (a) (1) (i)
For employees eligible
to retire on or before September 30, 2009, Upon upon
retirement for service under section 36-10-
9, a member whose membership commenced before July 1,
2005 and who has completed at least
ten (10) years of contributory service on or before
July 1, 2005 shall receive a retirement
allowance which shall be determined in accordance with
schedule A below:
Schedule A
Years of Service
Percentage Allowance
1st through 10th
inclusive 1.7%
11th through 20th
inclusive 1.9%
21st through 34th
inclusive 3.0%
35th 2.0%
(ii) For employees
eligible to retire on or after October 1, 2009, who were not eligible to
retire on or before September 30, 2009, upon
retirement from service under section 36-10-9, a
member whose membership commenced before July 1, 2005
and who has completed at least ten
(10) years of contributory service on or before July
1, 2005 shall receive a retirement allowance
which shall be determined in accordance with schedule
A above for service on before September
30, 2009, and shall be determined in accordance with
schedule B in subsection (a)(2) below for
service on or after October 1, 2009.
(2) Upon retirement for
service under section 36-10-9, a member whose membership
commenced after July 1, 2005, or who has not completed
at least ten (10) years of contributory
service as of July 1, 2005, shall, receive a
retirement allowance which shall be determined in
accordance with Schedule B below:
Schedule B
Years of Service
Percentage Allowance
1st through 10th
inclusive 1.60%
11th through 20th
inclusive 1.80%
21st through 25th
inclusive 2.0%
26th through 30th
inclusive 2.25%
31st through 37th
inclusive 2.50%
38th 2.25%
(b) The retirement allowance
of any member whose membership commenced before July
1, 2005 and who has completed at least ten (10) years
of contributory service on or before July 1,
2005 shall be in an amount equal to the percentage
allowance specified in schedule A subsection
(a)(1) of
his or her average highest three (3) consecutive years of compensation
multiplied by the
number of years of total service, but in no case to
exceed eighty percent (80%) of the
compensation payable at completion of thirty-five (35)
years of service; provided, however, for
employees retiring on or after October 1, 2009 who
were not eligible to retire as of September 30,
2009 the calculation shall be based on the average
highest five (5) consecutive years of
compensation. Any
member who has in excess of thirty-five (35) years on or before June 2,
1985, shall not be entitled to any refund, and any
member with thirty-five (35) years or more on
or after June 2, 1985, shall contribute from July 1,
1985, until his or her retirement.
The retirement
allowance of any member whose membership commenced after July 1, 2005
or who had not completed at least ten (10) years of
contributory service as of July 1, 2005, shall,
be in an amount equal to the percentage allowance
specified in Schedule B of his or her average
highest three (3) consecutive years of compensation
multiplied by the number of years of total
service, but in no case to exceed seventy-five percent
(75%) of the compensation payable at the
completion of thirty-eight (38) years of service;
provided, however, for employees retiring on or
after October 1, 2009 who were not eligible to retire
as of September 30, 2009 the calculation
shall be based on the average highest five (5)
consecutive years of compensation.
(c) Any member with
thirty-eight (38) years or more of service prior to December 31,
1985, shall not be required to make additional
contributions. Contributions made between
December 31, 1985, and July 1, 1987, by members with
thirty-eight (38) or more years of service
prior to December 31, 1985, shall be refunded by the
retirement board to the persons, their heirs,
administrators, or legal representatives.
36-10-11. Service
allowance to member withdrawing from service before retirement
age. --
(a) The right of a service retirement allowance under the provisions of this
chapter shall
vest in a member who shall withdraw from service prior
to his or her attainment of the minimum
age of retirement specified in sections 36-10-9 -- 36-10-9.3
who shall not have received a refund,
provided the member shall have completed at least ten
(10) years of contributory service on or
before July 1, 2005. The member shall become entitled
to a service retirement allowance upon his
or her attainment of the age of established
in section 36-10-9 of sixty (60) years or at his or her
option at any date subsequent thereto. The rate of
service retirement allowance payable in the
case of any member shall be that provided in section
36-10-10, Schedule A, for the period of total
service earned and accrued at the date of withdrawal
from service of the member.
(b) For a member who
shall not have completed at least ten (10) years of contributory
service on or before July 1, 2005, the right of a service
retirement allowance under the provisions
of this chapter shall vest in a member who shall
withdraw from service prior to his or her
attainment of the minimum age of retirement specified
in sections 36-10-9 -- 36-10-9.3 who shall
not have received a refund, provided, the member shall
have completed at least ten (10) years of
contributory service. The member shall become entitled
to a service retirement allowance upon
his or her attainment of the age of sixty-five (65)
years or at his or her option at any date
subsequent thereto. The rate of service retirement
allowance payable in the case of any member
shall be that provided in section 36-10-10, Schedule
B, for the period of total service earned and
accrued at the date of withdrawal from service of the
member.
36-10-14.
Retirement for accidental disability. -- (a) Medical examination of an
active
member for accidental disability and investigation of
all statements and certificates by him or her
or in his or her behalf in connection therewith shall
be made upon the application of the head of
the department in which the member is employed or upon
application of the member, or of a
person acting in his or her behalf, stating that the
member is physically or mentally incapacitated
for the performance of service as a natural and
proximate result of an accident while in the
performance of duty, and certify the definite time,
place, and conditions of the duty performed by
the member resulting in the alleged disability, and
that the alleged disability is not the result of
willful negligence or misconduct on the part of the
member, and is not the result of age or length
of service, and that the member should, therefore, be
retired.
(b) The application
shall be made within five (5) years of the alleged accident from
which the injury has resulted in the members present
disability and shall be accompanied by an
accident report and a physicians report certifying to
the disability; provided that if the member
was able to return to his or her employment and
subsequently reinjures or aggravates the same
injury, the application shall be made within the later
of five (5) years of the alleged accident or
three (3) years of the reinjury
or aggravation. The application may also state the member is
permanently and totally disabled from any employment.
(c) If a medical
examination conducted by three (3) physicians engaged by the retirement
board and such investigation as the retirement board
may desire to make shall show that the
member is physically or mentally incapacitated for the
performance of service as a natural and
proximate result of an accident, while in the
performance of duty, and that the disability is not the
result of willful negligence or misconduct on the part
of the member, and is not the result of age
or length of service, and that the member has not
attained the age of sixty-five (65), and that the
member should be retired, the physicians who conducted
the examination shall so certify to the
retirement board stating the time, place, and
conditions of service performed by the member
resulting in the disability and the retirement board
may grant the member an accidental disability
benefit.
(d) The retirement
board shall establish uniform eligibility requirements, standards, and
criteria for accidental disability which shall apply
to all members who make application for
accidental disability benefits.
36-10-15. Amount
of accidental disability benefit. – (a) For disability applications
submitted on or before September 30, 2009, Upon upon
retirement for accidental disability under
section 36-10-14, a member shall receive a benefit
which shall be equal to sixty-six and two-
thirds percent (66 2/3%) of his or her annual compensation
at the time of his or her retirement,
subject to the provisions of section 36-10-31.
(b) Upon any
application for accidental disability submitted on or after October 1, 2009,
if the member has been found to be permanently and
totally disabled from service but has not
been found by the board to be permanently and totally
disabled from any employment as a result
of his/her accidental disability, a member shall
receive a retirement allowance equal to fifty
percent (50%) of the rate of the member's compensation
at the date of the member's retirement,
subject to the provisions of section 36-10-31. The
retiree shall, as a condition of continued receipt
of a disability retirement allowance, on or before a date
fixed by the retirement board, annually
under penalties of perjury provide the board with such
affidavits and accurate evidence of
earnings, employment and gainful activity as the board
may require, including, but not limited,
joint and/or individual tax returns. Payment of the
disability retirement allowance shall continue
as long as the individual remains disabled, and
regardless of service or age.
Upon retirement for
accidental disability that has been found by the board to be
permanently and totally disabling from any employment,
a member shall receive a retirement
allowance equal to sixty-six and two-thirds percent
(66 2/3%) of the rate of the member's
compensation at the date of the member's retirement
subject to the provisions of section 36-10-31.
The retirement board shall apply the terms of
subsection 28-33-17(b) in determining total
disability.
36-10-35.
Additional benefits payable to retired employees. -- (a) All state
employees
and all beneficiaries of state employees receiving any
service retirement or ordinary or accidental
disability retirement allowance pursuant to the
provisions of this title on or before December 31,
1967, shall receive a cost of living retirement
adjustment equal to one and one-half percent
(1.5%) per year of the original retirement allowance,
not compounded, for each calendar year the
retirement allowance has been in effect. For the
purposes of computation, credit shall be given for
a full calendar year regardless of the effective date
of the retirement allowance. This cost of living
adjustment shall be added to the amount of the
retirement allowance as of January 1, 1968, and an
additional one and one-half percent (1.5%) shall be
added to the original retirement allowance in
each succeeding year during the month of January, and
provided further, that this additional cost
of living increase shall be three percent (3%) for the
year beginning January 1, 1971, and each
year thereafter, through December 31, 1980.
Notwithstanding any of the above provisions, no
employee receiving any service retirement allowance
pursuant to the provisions of this title on or
before December 31, 1967, or the employee's
beneficiary, shall receive any additional benefit
hereunder in an amount less than two hundred dollars
($200) per year over the service retirement
allowance where the employee retired prior to January
1, 1958.
(b) All state employees
and all beneficiaries of state employees retired on or after
January 1, 1968, who are receiving any service
retirement or ordinary or accidental disability
retirement allowance pursuant to the provisions of
this title shall, on the first day of January next
following the third anniversary date of the
retirement, receive a cost of living retirement
adjustment, in addition to his or her retirement
allowance, in an amount equal to three percent
(3%) of the original retirement allowance. In each
succeeding year thereafter through December
31, 1980, during the month of January, the retirement
allowance shall be increased an additional
three percent (3%) of the original retirement
allowance, not compounded, to be continued during
the lifetime of the employee or beneficiary. For the
purposes of computation, credit shall be given
for a full calendar year regardless of the effective
date of the service retirement allowance.
(c) (1) Beginning on
January 1, 1981, for all state employees and beneficiaries of the
state employees receiving any service retirement and all
state employees, and all beneficiaries of
state employees, who have completed at least ten (10)
years of contributory service on or before
July 1, 2005 pursuant to the provisions of this
chapter, and for all state employees, and all
beneficiaries of state employees who receive a
disability retirement allowance pursuant to
sections 36-10-12 -- 36-10-15, the cost of living
adjustment shall be computed and paid at the rate
of three percent (3%) of the original retirement
allowance or the retirement allowance as
computed in accordance with section 36-10-35.1,
compounded annually from the year for which
the cost of living adjustment was determined to be
payable by the retirement board pursuant to
the provisions of subsection (a) or (b) of this
section. Such cost of living adjustments are
available to members who retire before October 1, 2009
or are eligible to retire as of September
30, 2009.
(2) The provisions of
this subsection shall be deemed to apply prospectively only and no
retroactive payment shall be made.
(3) The retirement
allowance of all state employees and all beneficiaries of state
employees who have not completed at least ten (10)
years of contributory service on or before
July 1, 2005 or were not eligible to retire as of
September 30, 2009, shall, on the month following
the third anniversary date of retirement, and on the
month following the anniversary date of each
succeeding year be adjusted and computed by
multiplying the retirement allowance by three
percent (3%) or the percentage of increase in the
Consumer Price Index for all Urban Consumers
(CPI-U) as published by the United States Department
of Labor Statistics determined as of
September 30 of the prior calendar year, whichever is
less; the cost of living adjustment shall be
compounded annually from the year for which the cost
of living adjustment was determined
payable by the retirement board; provided, that no
adjustment shall cause any retirement
allowance to be decreased from the retirement
allowance provided immediately before such
adjustment. This section shall not apply to all
state employees and all beneficiaries of state
employees, who receive a disability retirement
allowance pursuant to sections 36-10-12 -- 36-10-
15.
(d) (1) All legislators
and all beneficiaries of legislators who are receiving a retirement
allowance pursuant to the provisions of section
36-10-9.1 for a period of three (3) or more years,
shall, commencing January 1, 1982, receive a cost of
living retirement adjustment, in addition to
a retirement allowance, in an amount equal to three
percent (3%) of the original retirement
allowance. In each succeeding year thereafter during
the month of January, the retirement
allowance shall be increased an additional three
percent (3%) of the original retirement
allowance, compounded annually, to be continued during
the lifetime of the legislator or
beneficiary. For the purposes of computation, credit
shall be given for a full calendar year
regardless of the effective date of the service
retirement allowance.
(e) The provisions of
sections 45-13-7 -- 45-13-10 shall not apply to this section.
SECTION
4. Sections 16-16-5, 16-16-7.2, 16-16-8, 16-16-12, 16-16-13, 16-16-16, 16-
16-17 and 16-16-40 of the
General Laws in Chapter 16-16 entitled "Teachers' Retirement" are
hereby amended to read as
follows:
16-16-5. Service
creditable. -- (a) In calculating "service", "prior
service", or "total
service" as defined in section 16-16-1, every
teacher shall be given credit for a year of service for
each year in which he or she shall have served as a
teacher; provided, that any teacher who
through illness or leave of absence without pay does
not serve a full school year may receive
credit for a full school year of service by paying
the full actuarial cost as defined in section 36-8-
1(9) making
contribution to the system upon his or her return to teaching for at least one
year the
amount he or she would have contributed to the retirement
system plus regular interest,
compounded annually up to the date of payment based
upon his or her expected compensation but
for his or her leave of absence in any case of
illness, sabbatical, educational leave, or any other
reason.
Credit for leaves of absence shall be limited, in the aggregate, during the
total service of a
teacher to a period of four (4) years; provided,
however, every teacher who had been required to
resign for maternity reasons may receive credit for
maternity reasons by making contribution to
the system upon her return to teaching the amount she
would have contributed to the retirement
system, with interest, based upon her expected
compensation but for her absence due to maternity
reasons.
(b) The retirement
board shall fix and determine the time when and the conditions under
which the payments shall be made.
(c) Any teacher who
serves or who has served during a school year at least three-quarters
(3/4) of the number of days that the public schools
are required by law to be in session during the
year shall be given credit for a year of service for
that year. In determining the number of days
served by a substitute teacher the total number of
days served in any public school of any city or
town in the state may be combined for any one school
year. Any teacher shall be entitled to "prior
service" credit for service prior to July 1,
1949, provided the teacher shall have been in service
during the school year 1949-1950. The teacher shall be
entitled to service credit for any year
subsequent to July 1, 1949, by making contribution to
the retirement system the amount he or she
would have contributed to the retirement system had he
or she been a member, plus regular
interest compounded annually to date of payment,
payable at a time or in any manner that may be
provided by the rules of the retirement board.
(d) Any teacher
employed in at least a half ( 1/2) program including a job share program
shall remain a contributing member and shall receive
credit for that part-time service.
(e) In computing
service or in computing compensation, the retirement board shall credit
no more than one year of service on account of all
service in one calendar year.
(f) Notwithstanding any
other section of law, no member of the retirement system shall
be permitted to purchase service credit for any
portion of a year for which he or she is already
receiving service credit in this retirement system.
16-16-7.2. Peace
corps, teacher corps, and volunteers in service to
-- (a)
Any active teacher who served in the peace corps, teacher corps, or in
volunteers in service
to
on an official leave of absence for illness or injury
shall be eligible to purchase the credits while
on the leave of absence.
(b) The cost to
purchase these credits shall be the full actuarial cost as defined in
section
36-8-1(9) ten
percent (10%) of the member's first year's earnings as a teacher multiplied by
the
number of years and fraction of the years of his or
her service in the peace corps, teacher corps, or
in volunteers in service to .
(c) There will be no
interest charged provided the teacher makes that purchase during his
or her first five (5) years of membership in the
retirement system, but regular interest will be
charged to the date of purchase from the date of
enrollment into membership if purchased after
completing five (5) years of membership; provided,
however, any member who was in the
retirement system prior to July 1, 1980, will not be
charged interest whenever he or she purchases
the credit.
16-16-8. Credit
for service as a state or municipal employee. -- Any member who
shall have rendered service as a state employee as
defined by the provisions of chapter 17 of this
title and chapters 8 -- 10 of title 36 or who shall
have rendered service as an employee of a
participating municipality, as defined by chapter 21
of title 45, shall be entitled to credit for his or
her service for the various purposes of this system,
provided the member shall have been a
contributing member for that period. All contributions
made by the member shall be transferred
into this system for the periods of service and the
retirement system shall calculate the full
actuarial value of the accrued benefit with the former
employer. If the full actuarial value of the
accrued benefit with the former employer is greater
than the total employee contributions
transferred, the retirement system shall also transfer
the difference between full actuarial value of
the accrued benefit with the former employer and the
employee's contributions from the account
of the former employer to the account of the current
employer. In any case in which a member
shall have received a refund or refunds of
contributions made to the system, the allowance of the
credit for service shall be conditioned upon the
repayment of the full actuarial cost as defined in
section 36-8-1(9) refund or refunds, including regular interest from the date
of refund to the date
of repayment.
Any service as defined in this section for which no contributions were made may
be granted provided the member pays to the retirement
system a lump sum payment equal to the
amount he or she would have contributed had he or she
been a member during the period, plus
interest as previously defined in this section the full actuarial cost as defined in section
36-8-1(9).
The retirement board shall fix and determine the rules
and regulations needed to govern the
provisions of this section.
16-16-12.
Procedure for service retirement. – (a) Retirement of a member on a service
retirement allowance shall be made by the retirement
board as follows:
(1)(i) Any member may retire upon his or her written
application to the retirement board
as of the first day of the calendar month in which the
application was filed, provided the member
was separated from service prior to filing the
application, and further provided however, that if
separation from service occurs during the month in
which the application is filed, the effective
date shall be the first day following the separation
from service, and provided further that the
member on retirement date has attained the age of
sixty (60) years and has completed at least ten
(10) years of contributory service on or before July
1, 2005, or regardless of age has completed
twenty-eight (28) years of total service and has
completed at least ten (10) years of contributory
service on or before July 1, 2005, and who retire
before October 1, 2009 or are eligible to retire as
of September 30, 2009.
(ii) For teachers
who become eligible to retire on or after October 1, 2009, benefits are
available to teachers who have attained the age of
sixty-two (62) and completed at least ten (10)
years of contributory service. For teachers in service
as of October 1, 2009 who were not eligible
to retire as of September 30, 2009, the minimum
retirement age of sixty-two (62) will be adjusted
downward in proportion to the amount of service the
member has earned as of September 30,
2009. The proportional formula shall work as follows:
(1) The formula shall
determine the first age of retirement eligibility under the laws in
effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age of
sixty-two (62).
(2) The formula shall
then take the teacher’s total service credit as of September 30, 2009
as the numerator and the years of service credit
determined under (1) as the denominator.
(3) The fraction
determined in (2) shall then be multiplied by the age difference in (1) to
apply a reduction in years from age sixty-two (62).
(b)(i) Any member, who has not completed at least ten (10)
years of contributory service
on or before July 1, 2005, may retire upon his or her
written application to the retirement board as
of the first day of the calendar month in which the
application was filed; provided, the member
was separated from service prior thereto; and further
provided, however, that if separation from
service occurs during the month in which application
is filed, the effective date shall be the first
day following that separation from service; provided,
the member on his or her retirement date
had attained the age of fifty-nine (59) and had
completed at least twenty-nine (29) years of total
service; or provided, that the member on his or her
retirement date had attained the age of sixty-
five (65) and had completed at least ten (10) years of
contributory service; or provided, that the
member on his or her retirement date had attained the
age of fifty-five (55) and had completed
twenty (20) years of total service and provided, that
the retirement allowance, as determined
according to the formula in section 16-16-13 is
reduced actuarially for each month that the age of
the member is less than sixty-five (65) years and
who retire before October 1, 2009 or are eligible
to retire as of September 30, 2009.
(ii) For teachers who
become eligible to retire on or after October 1, 2009, benefits are
available to teachers who have attained the age of
sixty-two (62) and have completed at least
twenty-nine (29) years of total service or have
attained the age of sixty-five (65) and completed at
least ten (10) years of contributory service. For
teachers in service as of October 1, 2009 who
were not eligible to retire as of September 30, 2009,
who have a minimum retirement age of
sixty-two (62), the retirement age will be adjusted
downward in proportion to the amount of
service the member has earned as of September 30,
2009. The proportional formula shall work as
follows:
(1) The formula shall
determine the first age of retirement eligibility under the laws in
effect on September 30, 2009 which shall then be
subtracted from the minimum retirement age of
sixty-two (62).
(2) The formula shall
then take the teacher’s total service credit as of September 30, 2009
as the numerator and the years of service credit
determined under (1) as the denominator.
(3) The fraction
determined in (2) shall then be multiplied by the age difference
determined in (1) to apply a reduction in years from
age sixty-two (62).
(2) Any member also
paying into the retirement system under the provisions of chapter 9
of title 36 shall not be disqualified from receiving
benefits provided by that chapter and the
provisions of this chapter simultaneously.
(3) (i) Except as specifically provided in sections 36-10-9.1,
36-10-12 through 36-10-15,
and 45-21-19 through 45-21-22, no member shall be
eligible for pension benefits under this
chapter unless the member shall have been a contributing
member of the employees' retirement
system for at least ten (10) years.
(ii) Provided, however,
a person who has ten (10) years service credit shall be vested.
(iii) Furthermore, any
past service credits purchased in accordance with section 36-9-38
shall be counted towards vesting.
(iv) Any person who
becomes a member of the employees' retirement system pursuant to
section 45-21-8 shall be considered a contributing
member for the purpose of chapter 21 of title
45 and this chapter.
(v) Notwithstanding any
other provision of law, no more than five (5) years of service
credit may be purchased by a member of the system. The
five (5) year limit shall not apply to any
purchases made prior to January 1, 1995. A member who
has purchased more than five (5) years
of service credit before January 1, 1995, shall be
permitted to apply the purchases towards the
member's service retirement. However, no further
purchase will be permitted. Repayment, in
accordance with applicable law and regulation, of any
contribution previously withdrawn from
the system shall not be deemed a purchase of service
credit.
(4) No member of the
teachers' retirement system shall be permitted to purchase service
credits for casual or seasonal employment, for
employment as a page in the general assembly, or
for employment at any state college or university
while the employee is a student or graduate of
the college or university.
(5) Except as
specifically provided in sections 16-16-6.2 and 16-16-6.4, a member shall
not receive service credit in this retirement system
for any year or portion of a year which counts
as service credit in any other retirement system in
which the member is vested or from which the
member is receiving a pension and/or any annual
payment for life. This subsection shall not apply
to any payments received pursuant to the federal
Social Security Act, 42 U.S.C. section 301 et
seq.
(6) A member who seeks
to purchase or receive service credit in this retirement system
shall have the affirmative duty to disclose to the
retirement board whether or not he or she is a
vested member in any other retirement system and/or is
receiving a pension, retirement
allowance, or any annual payment for life. The
retirement board shall have the right to investigate
as to whether or not the member has utilized the same
time of service for credit in any other
retirement system. The member has an affirmative duty
to cooperate with the retirement board
including, by way of illustration and not by way of
limitation, the duty to furnish or have
furnished to the retirement board any relevant
information that is protected by any privacy act.
(7) A member who fails
to cooperate with the retirement board shall not have the time of
service credit counted toward total service credit
until the time the member cooperates with the
retirement board and until the time the retirement
board determines the validity of the service
credit.
(8) A member who
knowingly makes a false statement to the retirement board regarding
service time or credit shall not be entitled to a
retirement allowance and is entitled only to the
return of his or her contributions without interest.
16-16-13. Amount of
service retirement allowance. -- (a) (1) (i)
For teachers eligible
to retire on or before September 30, 2009, Upon upon
retirement from service under section 16-
16-12 a teacher whose membership commenced before July
1, 2005 and who has completed at
least ten (10) years of contributory service on or
before July 1, 2005, shall, receive a retirement
allowance which shall be determined in accordance with
schedule A:
SCHEDULE A
YEARS OF SERVICE PERCENTAGE ALLOWANCE
1st through 10th
inclusive 1.7%
11th through 20th
inclusive 1.9%
21st through 34th
inclusive 3.0%
35th 2.0%
(ii) For teachers
eligible to retire on or after October 1, 2009 who were not eligible to
retire on or before September 30, 2009, upon retirement
for service under section 16-16-12, a
teacher whose membership commenced before July 1, 2005
and who has completed at least ten
(10) years of contributory service on or before July
1, 2005 shall receive a retirement allowance
which shall be determined in accordance with schedule
A above for service on before September
30, 2009, and shall be determined in accordance with
schedule B in subsection (a)(2) below for
service on or after October 1, 2009:
(2) Upon retirement
from service under section 16-16-12 a teacher whose membership
commenced after July 1, 2005 or who has not completed
at least ten (10) years of contributory
service as of July 1, 2005 shall receive a retirement
allowance which shall be determined in
accordance with Schedule B.
SCHEDULE B
YEARS OF SERVICE PERCENTAGE ALLOWANCE
1st through 10th
inclusive 1.60%
11th through 20th
inclusive 1.80%
21st through 25th
inclusive 2.0%
26th through 30th
inclusive 2.25%
31st
through 37th inclusive 2.50%
38th 2.25%
(b) The retirement
allowance of any teacher whose membership commenced before July
1, 2005 and who has completed at least ten (10) years
of contributory service on or before July 1,
2005 shall be in an amount equal to the percentage
allowance specified in subsection (a) (1)
schedule A
of his or her average highest three (3) consecutive years of compensation
multiplied
by the number of years of total service, but in no
case to exceed eighty percent (80%) of the
compensation, payable at completion of thirty-five
(35) years of service; provided, however, for
teachers retiring on or after October 1, 2009 who were
not eligible to retire as of September 30,
2009 the calculation shall be based on the average
highest five (5) consecutive years of
compensation.
The retirement allowance
of any teacher whose membership commenced after July 1,
2005 or who has not completed at least ten (10) years
of contributory service as of July 1, 2005
shall be in an amount equal to the percentage
allowance specified in Schedule B of his or her
average highest three (3) consecutive years of
compensation multiplied by the number of years of
total service, but in no case to exceed seventy-five
percent (75%) of the compensation, payable at
completion of thirty-eight (38) years of service;
provided, however, for teachers retiring on or
after October 1, 2009 who were not eligible to retire
as of September 30, 2009 the calculation
shall be based on the average highest five (5)
consecutive years of compensation.
Any teacher who has in
excess of thirty-five (35) years on or before June 2, 1985 shall
not be entitled to any refund, and any teacher with
thirty-five (35) years or more on or after June
2, 1985 shall contribute from July 1, 1985 until his
or her retirement.
16-16-16.
Retirement for accidental disability. -- (a) Medical examination of an
active
teacher for accidental disability, and investigation
of all statements and certificates by him or her
or in his or her behalf in connection with the
accidental disability, shall be made upon the
application of the head of the department in which the
teacher is employed or upon application of
the teacher, or of a person acting in his or her
behalf, stating that the teacher is physically or
mentally incapacitated for the performance of service
as a natural and proximate result of an
accident, while in the performance of duty, and
certify the definite time, place, and conditions of
the duty performed by the teacher resulting in the
alleged disability, and that the alleged disability
is not the result of willful negligence or misconduct
on the part of the teacher, and is not the result
of age or length of service, and that the teacher should,
therefore, be retired.
(b) The application
shall be made within five (5) years of the alleged accident from
which the injury has resulted in the teacher's present
disability, and shall be accompanied by an
accident report and a physician's report certifying to
the disability; provided, that, if the teacher
was able to return to his or her employment and
subsequently reinjures or aggravates the same
injury, the application shall be made within the later
of five (5) years of the alleged accident or
three (3) years of the reinjury
or aggravation. The application may also state that the teacher is
permanently and totally disabled from any employment.
(c) If a medical
examination conducted by three (3) physicians engaged by the retirement
board, and any investigation that the retirement board
may desire to make, shall show that the
teacher is physically or mentally incapacitated for
the performance of service as a natural and
proximate result of an accident, while in the
performance of duty, and that the disability is not the
result of willful negligence or misconduct on the part
of the teacher, and is not the result of age or
length of service, and that the teacher has not
attained the age of sixty-five (65) years, and that the
teacher should be retired, the physicians who
conducted the examination shall so certify to the
retirement board stating the time, place, and
conditions of service performed by the teacher
resulting in the disability, and the retirement board
may grant the teacher an accidental disability
benefit.
(d) The retirement
board shall establish uniform eligibility requirements, standards, and
criteria for accidental disability which shall apply
to all members who make application for
accidental disability benefits.
16-16-17. Amount
of accidental disability benefit. – (a) For disability applications
submitted on or before September 30, 2009, Upon upon
retirement for accidental disability under
section 16-16-16 a teacher shall receive a benefit
that shall be equal to sixty-six and two-thirds
percent (66 2/3%) of his or her annual compensation at
the time of his or her retirement, subject
to the provisions of section 16-16-20. (b) Upon any
application for accidental disability submitted
after October 1, 2009, if the teacher has been found
to be permanently and totally disabled from
service but has not been found by the board to be
permanently and totally disabled from any
employment as a result of his/her accidental disability,
a teacher shall receive a retirement
allowance equal to fifty percent (50%) of the rate of
the teacher’s compensation at the date of the
teacher’s retirement subject to the provisions of
section 16-16-20. The retiree shall, as a condition
of continued receipt of a disability retirement
allowance, on or before a date fixed by the
retirement board, annually under penalties of perjury
provide the board with such affidavits and
accurate evidence of earnings, employment and gainful
activity as the board may require,
including, but not limited to, joint and/or individual
tax returns. Payment of the disability
retirement allowance shall continue as long as the
individual remains disabled, and regardless of
service or age. Upon retirement for accidental
disability that has been found by the board to be
permanently and totally disabling from any employment,
a teacher shall receive a retirement
allowance equal to sixty-six and two-thirds percent
(66 2/3%) of the rate of the teacher’s
compensation at the date of the teacher’s retirement
subject to the provisions of section 16-16-20.
The retirement board shall apply the terms of
subsection 28-33-17(b) in determining total
disability.
16-16-40. Additional
benefits payable to retired teachers. -- (a) All teachers and all
beneficiaries of teachers receiving any service
retirement or ordinary disability retirement
allowance pursuant to the provisions of this chapter
and chapter 17 of this title, on or before
December 31, 1967, shall receive a cost of living
retirement adjustment equal to one and one-half
percent (1.5%) per year of the original retirement
allowance, not compounded, for each year the
retirement allowance has been in effect. For purposes
of computation credit shall be given for a
full calendar year regardless of the effective date of
the retirement allowance. This cost of living
retirement adjustment shall be added to the amount of
the service retirement allowance as of
January 1, 1970, and payment shall begin as of July 1,
1970. An additional cost of living
retirement adjustment shall be added to the original
retirement allowance equal to three percent
(3%) of the original retirement allowance on the first
day of January, 1971, and each year
thereafter through December 31, 1980.
(b) All teachers and
beneficiaries of teachers receiving any service retirement or ordinary
disability retirement allowance pursuant to the
provisions of this title who retired on or after
January 1, 1968, shall, on the first day of January,
next following the third (3rd) year on
retirement, receive a cost of living adjustment, in
addition to his or her retirement allowance, an
amount equal to three percent (3%) of the original
retirement allowance. In each succeeding year
thereafter, on the first day of January, the
retirement allowance shall be increased an additional
three percent (3%) of the original retirement
allowance, not compounded, to be continued through
December 31, 1980.
(c) (1) Beginning on
January 1, 1981, for all teachers and beneficiaries of teachers
receiving any service retirement and all teachers and
all beneficiaries of teachers who have
completed at least ten (10) years of contributory
service on or before July 1, 2005, pursuant to the
provisions of this chapter, and for all teachers and
beneficiaries of teachers who receive a
disability retirement allowance pursuant to sections
16-16-14 -- 16-16-17, the cost of living
adjustment shall be computed and paid at the rate of
three percent (3%) of the original retirement
allowance or the retirement allowance as computed in
accordance with section 16-16-40.1,
compounded annually from the year for which the cost
of living adjustment was determined to be
payable by the retirement board pursuant to the
provisions of subsection (a) or (b) of this section.
Such cost of living adjustments are available to
teachers who retire before October 1, 2009 or are
eligible to retire as of September 30, 2009.
(2) The provisions of
this subsection shall be deemed to apply prospectively only and no
retroactive payment shall be made.
(3) The retirement
allowance of all teachers and all beneficiaries of teachers who have
not completed at least ten (10) years of contributory
service on or before July 1, 2005 or were not
eligible to retire as of September 30, 2009, shall, on the month following the third anniversary
date of the retirement, and on the month following the
anniversary date of each succeeding year
be adjusted and computed by multiplying the retirement
allowance by three percent (3%) or the
percentage of increase in the Consumer Price Index for
all Urban Consumers (CPI-U) as
published by the United States Department of Labor
Statistics, determined as of September 30 of
the prior calendar year, whichever is less; the cost
of living adjustment shall be compounded
annually from the year for which the cost of living
adjustment was determined payable by the
retirement board; provided, that no adjustment shall
cause any retirement allowance to be
decreased from the retirement allowance provided
immediately before such adjustment. This
section shall not apply to all teachers and
beneficiaries of teachers who receive a disability
retirement allowance pursuant to sections 16-16-14 --
16-16-17.
(d) The provisions of
sections 45-13-7 -- 45-13-10 shall not apply to this section.
SECTION
5. Section 8-3-7, 8-3-8 of the General Laws in Chapter 8-3 entitled
"Justices
of Supreme,
8-3-7. Retirement
of justices on reduced pay -- Assignment as associate justices. --(a)
Whenever any person engaged as a judge: (1) on or
before [July 2, 1997] has served as a justice
of the supreme court, the superior court, the family
court, the district court, or any combination
thereof for twenty (20) years, or has so served for
ten (10) years and has reached the age of sixty-
five (65) years, that justice may retire from active
service and thereafter the justice shall receive
annually during life a sum equal to three-fourths
(3/4) of the annual salary that the justice was
receiving at the time of retirement;
(2) Subsequent to July
2, 1997 and prior to January 1, 2009, has served as a justice of the
supreme court, the superior court, the family court,
the district court or any combination thereof,
for twenty (20) years, or has so served for ten (10)
years and has reached the age of sixty-five
(65) years, said justice may retire from active
service and thereafter said justice shall receive
annually during life a sum equal to three-fourths
(3/4) of his or her average highest three (3)
consecutive years of compensation;
(3) On or after January
1, 2009, has served as a justice of the Supreme Court, the superior
court, the family court, the district court or any
combination thereof, for twenty (20) years, or has
so served for ten (10) years and has reached the age
of sixty-five (65) years, said justice may
retire from active service and thereafter said justice
shall receive annually during life a sum equal
to seventy percent (70%) of his or her average highest
three (3) consecutive years of
compensation.
(4) On or after July
1, 2009, shall have served as a justice of the supreme court, the
superior court, the family court, the district court,
or any of them for twenty (20) years, or has
served for ten (10) years, and reached the age of
sixty-five (65) years, said justice may retire
from regular active service and thereafter said
justice shall receive annually during his or her life
a sum equal to sixty-five percent (65%) of his or her
average highest five (5) consecutive years of
compensation.
(b) Whenever a justice
or magistrate shall be granted a leave of absence without pay,
such absence shall not be credited towards active
service time for the purposes of retirement.
(c) Any justice in any
of the courts who shall retire in accordance with the provisions
of this section or
section 36-9-5 may, at his or her own request and at the direction of the
chief justice of the supreme court, subject to the
retiree's physical and mental competence, be
assigned to perform such services as an associate
justice of the superior court, or the family court,
or the district court as the presiding justice of the
superior court, or the chief judge of the family
court, or the district shall prescribe. When so
assigned and performing such service, the justice
shall have all the powers and authority of an
associate justice of the superior court, the family
court, or the district court but otherwise shall have
no powers nor be authorized to perform any
judicial duties. Such a retired justice shall not be
counted in the number of judges provided by
law for the superior court, the family court, or the
district court.
(d) Any justice of the
supreme court who shall retire in accordance with the provisions of
this section shall at the direction of the chief
justice of the supreme court, subject to the retiree's
physical and mental competence, be assigned to perform
such services as an associate justice of
the supreme court as the chief justice of the supreme
court shall prescribe. When so assigned and
performing such services, the retiree shall have all
the powers and authority of an associate justice
of the supreme court, but otherwise he or she shall
have no powers nor be authorized to perform
any judicial duties relating to the supreme court,
except as authorized under section 8-1-1. Such a
retired justice shall not be counted in the number of
justices provided by law for the Supreme
Court.
8-3-8. Retirement
of justices on full pay -- Assignment as associate justices. -- (a)
Whenever any person engaged as a judge: (1) on or
before [July 2, 1997] shall have served as a
justice of the supreme court, the superior court, the
family court, the district court, or any of them
for twenty (20) years and has reached the age of
sixty-five (65) years, or has served for fifteen
(15) years, and reached the age of seventy (70)
years, that justice may retire from regular active
service and thereafter the justice shall receive
annually during his or her life a sum equal to the
annual salary the justice was receiving at the time of
his or her retirement.
(2) Subsequent to July
2, 1997 and prior to January 1, 2009, shall have served as a justice
of the supreme court, the superior court, the family
court, the district court, or any of them for
twenty (20) years and has reached the age of
sixty-five (65) years, or has served for fifteen (15)
years, and reached the age of seventy (70) years, said
justice may retire from regular active
service and thereafter said justice shall receive
annually during his or her life a sum equal to his
or her average highest three (3) consecutive years of
compensation.
(3) On or after January
1, 2009, shall have served as a justice of the supreme court, the
superior court, the family court, the district court,
or any of them for twenty (20) years and has
reached the age of sixty-five (65) years, or has
served for fifteen (15) years, and reached the age
of seventy (70) years, said justice may retire from
regular active service and thereafter said justice
shall receive annually during his or her life a sum
equal to ninety percent (90%) of his or her
average highest three consecutive years of
compensation.
(4) On or after July
1, 2009, shall have served as a justice of the supreme court, the
superior court, the family court, the district court ,
or any of them for twenty (20) years and has
reached the age of sixty-five (65) years, or has
served for fifteen (15) years, and reached the
age of seventy (70) years, said justice may retire
from regular active service and thereafter
said justice shall receive annually during his or her
life a sum equal to eighty percent (80%) of
his or her average highest five (5) consecutive years
of compensation.
(b) Whenever a justice
or magistrate shall be granted a leave of absence without pay,
such absence shall not be credited towards active
service time for the purposes of retirement.
(c) Any justice of any
of the courts who shall retire in accordance with the provisions of
this section shall at the direction of the chief
justice of the supreme court, subject to the retiree's
physical and mental competence, be assigned to perform
such services as an associate justice of
the superior court, or the family court, or the
district court as the presiding justice of the superior
court, or the chief judge of the family court, or the
district court shall prescribe. When so assigned
and performing such service, the retiree shall have
all the powers and authority of an associate
justice of the superior court, the family court, or the
district court but otherwise he or she shall
have no powers nor be authorized to perform any
judicial duties. Such a retired justice shall not
be counted in the number of judges provided by law for
the superior court, the family court, or the
district court.
(d) Any justice of the
supreme court who shall retire in accordance with the provisions of
this section shall at the direction of the chief
justice of the supreme court, subject to the retiree's
physical and mental competence, be assigned to perform
such services as an associate justice of
the supreme court as the chief justice of the supreme
court shall prescribe. When so assigned and
performing such services, the retiree shall have all
the powers and authority of an associate justice
of the supreme court, but otherwise he or she shall
have no powers nor be authorized to perform
any judicial duties relating to the supreme court,
except as authorized under section 8-1-1. Such a
retired justice shall not be counted in the number of
justices provided by law for the supreme
court.
SECTION
6. Section 8-8-10 of the General Laws in Chapter 8-8 entitled "District
Court"
is hereby repealed.
8-8-10.
Retirement of judges. – Whenever any person has served as a
judge in the court
for twenty (20) years and has reached the age of
sixty-five (65) years or has so served for fifteen
(15) years and has reached the age of seventy (70)
years, he or she may resign his or her office
and thereafter he or she shall receive annually during
his or her life a sum equal to (i) three-
fourths ( 3/4) of the annual salary that he or she was
receiving at the time of resignation or (ii) for
justices engaged on or after July 1 2009,
three-fourths (3/4) of his or her average highest five (5)
consecutive years annual compensation. For the purposes of eligibility for retirement under
this
section, service as a justice on any predecessor
district court prior to September 15, 1969 shall be
included as if that service had been on the district
court created by this chapter.
SECTION
7. Sections 28-30-15.1 and 28-30-16.2 of the General Laws in Chapter 28-30
entitled "Workers'
28-30-15.1. Retirement
of judges engaged after July 2, 1997, on reduced pay. --
Retirement of judges engaged after July 2, 1997. -- (a)
Whenever any person
first engaged as a judge: (1) subsequent to July 2, 1997 and prior to
January 1, 2009, has served as a workers' compensation
judge for twenty (20) years, or has so
served for ten (10) years and has reached the age of
sixty-five (65) years, he or she may retire
from active service and subsequently he or she shall
receive annually during life a sum equal to
three-fourths ( 3/4) of his or her average highest
three (3) consecutive years of compensation; (2)
On or after January 1, 2009 and prior to July 1,
2009, has served as a workers' compensation
judge for twenty (20) years or has so served for ten
(10) years and reached the age of sixty-five
(65) years, he or she may retire from active service
and subsequently he or she shall receive
annually during life a sum equal to seventy percent
(70%) of his or her average highest three (3)
consecutive years or compensation; (3) On or after
July 1, 2009, has served as a workers'
compensation judge for twenty (20) years, or has
served for ten (10) years, and reached the age of
sixty-five (65) years, he or she may retire from
regular active service and thereafter said justice
shall receive annually during his or her life a sum
equal to sixty-five (65%) percent of his or her
average highest five (5) consecutive years of
compensation.
(b) In determining
eligibility under this section, any judge who has served as a general
officer may include that service as if that service
had been on the workers' compensation court.
Whenever a judge or magistrate shall be granted a
leave of absence without pay, such absence
shall not be credited towards active service time for
the purposes of retirement.
(c) Any judge who
retires in accordance with the provisions of this section may at his or
her own request and at the direction of the chief
judge of the court subject to the retiree's physical
and mental competence, be assigned to perform those
services that a judge on the workers'
compensation court as the chief judge prescribes. When
so assigned and performing those
services, he or she shall have all the powers and
authority of a judge. A retired judge shall not be
counted in the number of judges provided by law for
the workers' compensation court.
28-30-16.2.
Retirement of judges engaged after July 2, 1997, on full pay. -- (a)
Whenever any person first engaged as a judge: (1)
subsequent to July 2, 1997 and prior to January
1, 2009, has served as a workers' compensation judge
for twenty (20) years and has reached the
age of sixty-five (65) years, or has served for
fifteen (15) years and reached the age of seventy
(70) years, he or she may retire from regular active
service and subsequently he or she shall
receive annually during his or her life a sum equal to
his or her average highest three (3)
consecutive years of compensation; (2) On or after
January 1, 2009 and prior to July 1, 2009 has
served as a workers' compensation judge for twenty
(20) years and has reached the age of sixty-
five (65) years, or has served for fifteen (15) years
and reached the age of seventy (70) years, he
or she may retire from regular active service and
subsequently he or she shall receive annually
during his or her life a sum equal to ninety percent
(90%) of his or her average highest three (3)
consecutive years of compensation; (3) On or after
July 1, 2009 has served as a workers'
compensation judge for twenty (20) years and has
reached the age of sixty-five (65) years, or has
served for fifteen (15) years and reached the age of
seventy (70) years, he or she may retire from
regular active service and subsequently he or she
shall receive annually during his or her life a
sum equal to eighty percent (80%) of his or her
average highest five (5) consecutive years of
compensation.
(b) Whenever a judge or
magistrate shall be granted a leave of absence without pay, such
absence shall not be credited towards active service
time for the purposes of retirement.
(c) Any judge who
retires in accordance with the provisions of this section shall at the
direction of the chief judge of the court, subject to
the retiree's physical and mental competence
be assigned to perform those services as a judge that
the chief judge prescribes. When so assigned
and performing that service, the retiree shall have
all the powers and authority of a judge. The
retired judge shall not be counted in the number of
judges provided by law for the workers'
compensation court.
SECTION
8. Section 36-10-2 of the General Laws in Chapter 36-10 entitled
"Retirement
System-Contributions and
Benefits" is hereby amended to read as follows:
36-10-2. State
contributions. -- (a) The State of Rhode Island shall make its
contribution
for the maintenance of the system, including the
proper and timely payment of benefits in
accordance with the provisions of this chapter and
chapters 8, 16, 28, 31 and 42 of this title, by
annually appropriating an amount equal to a percentage
of the total compensation paid to the
active membership. The percentage shall be computed by
the actuary employed by the retirement
system and shall be certified by the retirement board
to the director of administration on or before
the fifteenth day of October in each year. In arriving
at the yearly employer contribution the
actuary shall determine the value of:
(1) The contributions
made by the members;
(2) Income on
investments; and
(3) Other income of the
system.
(b) The Actuary shall
thereupon compute the yearly employer contribution that will:
(1) Pay the actuarial
estimate of the normal cost for the next succeeding fiscal year;
(2) Amortize the
unfunded liability of the system as of June 30, 1999 utilizing a time
period not to exceed thirty (30) years.
(3) Provided, that
the fiscal year 2009, the employer contribution shall be deferred from
April 2 until June 30, 2009. The amounts that would
have been contributed shall be deposited in a
special fund and not used for any purpose.
(c) The State of
the contribution for state employees, state police,
and judges on a payroll frequency basis, and for
teachers in a manner pursuant to section 16-16-22.
(d) (1) In accordance
with the intent of section 36-8-20 that the retirement system satisfy
the requirements of section 401(a) of the Internal
Revenue Code of 1986, the state shall pay to the
retirement system:
(i)
By June 30, 1995, an amount equal to the sum of the benefits paid to state
legislators
pursuant to section 36-10-10.1 in excess of ten
thousand dollars ($10,000) per member (plus
accrued interest on such amount at eight percent (8%))
for all fiscal years beginning July 1, 1991,
and ending June 30, 1995, but this amount shall be
paid only if section 36-10-10.1(e) becomes
effective January 1, 1995; and
(ii) By December 31, 1994,
twenty million seven hundred eighty eight thousand eight
hundred twelve dollars and nineteen cents
($20,788,812.19) plus accrued interest on that amount
at eight percent (8%) compounded monthly beginning
March 1, 1991, and ending on the date this
payment is completed (reduced by amortized amounts
already repaid to the retirement system
with respect to the amounts withdrawn by the state
during the fiscal year July 1, 1990 -- June 30,
1991); and
(iii) By June 30, 1995,
the sum of the amounts paid by the retirement system for retiree
health benefits described in section 36-12-4 for all
fiscal years beginning July 1, 1989, and ending
June 30, 1994, to the extent that the amounts were not
paid from the restricted fund described in
subsection (c).
(2) Any and all amounts
paid to the retirement system under this subsection shall not
increase the amount otherwise payable to the system by
the state of
subsection (a) for the applicable fiscal year. The
actuary shall make such adjustments in the
amortization bases and other accounts of the
retirement system as he or she deems appropriate to
carry out the provisions and intent of this
subsection.
(e) In addition to the
contributions provided for in subsection (a) through (c) and in order
to provide supplemental employer contributions to the
retirement system, commencing in fiscal
year 2006, and each year thereafter:
(1) For each fiscal
year in which the actuarially determined state contribution rate for
state employees is lower than that for the prior
fiscal year, the governor shall include an
appropriation to that system equivalent to twenty
percent (20%) of the rate reduction for the
state's contribution rate for state employees to be
applied to the actuarial accrued liability of the
state employees' retirement system for state employees
for each fiscal year;
(2) For each fiscal
year in which the actuarially determined state contribution rate for
teachers is lower than that for the prior fiscal year,
the governor shall include an appropriation to
that system equivalent to twenty percent (20%) of the
rate reduction for the state's share of the
contribution rate for teachers to be applied to the
actuarial accrued liability of the state employees'
retirement system for teachers for each fiscal year;
(3) The amounts to be
appropriated shall be included in the annual appropriation bill and
shall be paid by the general treasurer into the
retirement system.
(f) While the
retirement system's actuary shall not adjust the computation of the annual
required contribution for the year in which
supplemental contributions are received, such
contributions once made may be treated as reducing the
actuarial liability remaining for
amortization in the next following actuarial valuation
to be performed.
SECTION
9. Section 16-16-22 of the General Laws in Chapter 16-16 entitled
"Teachers'
Retirement" is hereby
amended to read as follows:
16-16-22.
Contributions to state system. -- (a) Each member shall contribute into
the
system nine and one-half percent (9.5%) of
compensation as his or her share of the cost of
annuities, benefits, and allowances. The employer
contribution on behalf of teacher members of
the system shall be in an amount that will pay a rate
percent of the compensation paid to the
members, according to the method of financing
prescribed in the State Retirement Act in chapters
8 -- 10 of title 36. This amount shall be paid by the
state, and sixty percent (60%) by the city,
town, local educational agency, or any formalized
commissioner approved cooperative service
arrangement by whom the teacher members are employed,
with the exception of teachers who
work in federally funded projects. Provided, however,
that the rate percent paid shall be rounded
to the nearest hundredth of one percent (.01%).
(b) The employer
contribution on behalf of teacher members of the system who work in
fully or partially federally funded programs shall be
prorated in accordance with the share of the
contribution paid from the funds of the federal, city,
town, or local educational agency, or any
formalized commissioner approved cooperative service
arrangement by whom the teacher
members are approved.
(c) In case of the
failure of any city, town, or local educational agency, or any formalized
commissioner approved cooperative service arrangement
to pay to the state retirement system the
amounts due from it under this section within the time
prescribed, the general treasurer is
authorized to deduct the amount from any money due the
city, town, or local educational agency
from the state.
(d) The employer's
contribution shared by the state shall be paid in the amounts
prescribed in this section for the city, town, or
local educational agency and under the same
payment schedule. Notwithstanding any other provisions
of this chapter, the city, town, or local
educational agency or any formalized commissioner
approved cooperative service arrangement
shall remit to the general treasurer of the state the
local employer's share of the teacher's
retirement payments on a monthly basis, payable by the
fifteenth (15th) of the following month,
provided that the employer contribution from the
effective date of this act shall be deferred until
June 30, 2009. The amounts that would have been
contributed shall be deposited by the state in a
special fund and not used for any purpose. The general treasurer, upon receipt of the local
employer's share, shall effect transfer of a matching amount
of money from the state funds
appropriated for this purpose by the general assembly
into the retirement fund. provided that for
the period beginning April 2 to June 30 the general
treasurer shall not make such transfer.
Upon reconciliation of
the final amount owed to the retirement fund for the employer
share, the state shall ensure that any local education
aid reduction assumed for the FY 2009
revised budget in excess of the actual savings is
restored to the respective local entities.
(e) This section is not
subject to sections 45-13-7 through 45-13-10.
SECTION
10. Section 8-3-17 of the General Laws in Chapter 8-3 entitled "Justices
of
Supreme,
8-3-17. State
contributions. -- The state of
the maintaining of the system established by section
8-3-16 and providing the annuities, benefits,
and retirement allowances in accordance with the
provisions of this chapter by annually
appropriating an amount which will pay a rate percent
of the compensation paid after December
31, 1989 to judges engaged after December 31, 1989.
Such rate percent shall be computed and
certified in accordance with the procedures set forth in
sections 36-8-13 and 36-10-2 under rules
and regulations promulgated by the retirement board
pursuant to section 36-8-3. Provided, that
the employer contribution from the effective date of
this act shall be deferred until June 30, 2009.
The amounts that would have been contributed shall be
deposited in a special fund and not used
for any purpose.
SECTION
11. Section 42-28-22.2 of the General Laws in Chapter 42-28 entitled
"State
Police" is hereby
amended to read as follows:
for the maintaining of the system established by
section 42-28-22.1 and providing the annuities,
benefits, and retirement allowances in accordance with
the provisions of this chapter by annually
appropriating an amount which will pay a rate percent
of the compensation paid after July 1, 1989
to members of the state police hired after July 1,
1987. This rate percent shall be computed and
certified in accordance with the procedures set forth
in sections 36-8-13 and 36-10-2 under rules
and regulations promulgated by the retirement board
pursuant to section 36-8-3. Provided, that
the employer contribution from the effective date of
this act shall be deferred until June 30, 2009.
The amount that would have been contributed shall be
deposited in a special fund and not used
for any purpose.
SECTION
12. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts
and Control" is hereby
amended to read as follows:
35-6-1. Controller
-- Duties in general. -- (a) Within the department of administration
there shall be a controller who shall be appointed by
the director of administration pursuant to
chapter 4 of title 36. The controller shall be
responsible for accounting and expenditure control
and shall be required to:
(1) Administer a
comprehensive accounting and recording system which will classify the
transactions of the state departments and agencies in
accordance with the budget plan;
(2) Maintain control
accounts for all supplies, materials, and equipment for all
departments and agencies except as otherwise provided
by law;
(3) Prescribe a
financial, accounting, and cost accounting system for state departments
and agencies;
(4) Preaudit
all state receipts and expenditures;
(5) Prepare financial
statements required by the several departments and agencies, by the
governor, or by the general assembly;
(6) Approve the orders
drawn on the general treasurer; provided, that the preaudit
of all
expenditures under authority of the legislative
department and the judicial department by the state
controller shall be purely ministerial, concerned only
with the legality of the expenditure and
availability of the funds, and in no event shall the
state controller interpose his or her judgment
regarding the wisdom or expediency of any item or
items of expenditure;
(7) Prepare and timely
file, on behalf of the state, any and all reports required by the
department or agency of the state, with respect to the
state payroll; and
(8) Prepare a
preliminary closing statement for each fiscal year. The controller shall
forward the statement to the chairpersons of the house
finance committee and the senate finance
committee, with copies to the house fiscal advisor and
the senate fiscal and policy advisor, by
September 1 following the fiscal year ending the prior
June 30 or thirty (30) days after enactment
of the appropriations act, whichever is later. The
report shall include but is not limited to:
(i)
A report of all revenues received by the state in the completed fiscal year,
together
with the estimates adopted for that year as contained
in the final enacted budget, and together
with all deviations between estimated revenues and
actual collections. The report shall also
include cash collections and accrual adjustments;
(ii) A comparison of
actual expenditures with each of the actual appropriations,
including supplemental appropriations and other
adjustments provided for in the
General Laws;
(iii) A statement of
the opening and closing surplus in the general revenue account; and
(iv) A statement of the
opening surplus, activity, and closing surplus in the state budget
reserve and cash stabilization account and the state
bond capital fund.
(b) The controller
shall provide supporting information on revenues, expenditures,
capital projects, and debt service upon request of the
house finance committee chairperson, senate
finance committee chairperson, house fiscal advisor,
or senate fiscal and policy advisor.
(c) Upon issuance of
the audited annual financial statement, the controller shall provide a
report of the differences between the preliminary
financial report and the final report as contained
in the audited annual financial statement.
(d) Upon issuance of
the audited financial statement, the controller shall transfer all
general revenues received in the completed fiscal year
net of transfer to the state budget reserve
and cash stabilization account as required by section
35-3-20 in excess of those estimates adopted
for that year as contained in the final enacted budget
to the employees' retirement system of the
state of
(e) The controller shall
create a special fund not part of the general fund and shall deposit
amounts equivalent to all deferred contributions under
this act into that fund. Any amounts
remaining in the fund on June 30 shall be transferred
to the general treasurer who shall transfer
such amounts into the retirement fund as appropriate. From the special funds for deferred
contributions to the retirement system, the controller
shall transfer the amounts due to the
retirement system to the general treasurer who shall
transfer such amounts into the retirement
fund as appropriate.
SECTION
13. Section 8-3-11 of the General Laws in Chapter 8-3 entitled "Justices
of
Supreme,
8-3-11. Allowances
to surviving spouses, domestic partners or minor children of
deceased justices. -- (a) Whenever any justice of the supreme court, the
superior court, the family
court, or the district court who was engaged as a
judge prior to January 1, 2009, dies after
retirement or during active service while eligible for
retirement, or during active service after
having served fifteen (15) years or more in office,
his or her surviving spouse or domestic partner
shall receive annually thereafter, during his or her
lifetime and so long as he or she remains
unmarried or not in a domestic partnership, an amount
equal to one-half (1/2) of the annual
payment that the justice was receiving by way of
salary or retirement pay at the time of his or her
death. Whenever a justice of any of the courts shall
die without having become eligible to retire
either under section 8-3-7 or 8-3-8 and has served
seven (7) years or more in office, his or her
surviving spouse or domestic partner shall receive
annually thereafter, during his or her lifetime
and so long as he or she remains unmarried or not in a
domestic partnership, one-third ( 1/3) of
the annual salary that the justice was receiving at
the time of his or her death. Whenever a justice
of the courts shall die without having become eligible
to retire either under section 8-3-7 or 8-3-8
and has not served seven (7) years in office, his or
her surviving spouse or domestic partner shall
receive annually thereafter, during his or her
lifetime and so long as he or she remains unmarried
or not in a domestic partnership, one-fourth (1/4) of
the annual salary that the justice was
receiving at the time of his or her death.
(b) Any justice of the
courts who is engaged as a judge on or after January 1, 2009, and
prior to July 1, 2009 may elect to receive retirement pay that is reduced by
an additional ten
percent (10%) of the average of the highest three (3)
consecutive years annual compensation (i.e.,
ninety percent (90%) reduced to eighty percent (80%)
or seventy percent (70) reduced to sixty
percent (60%)), and where such option is exercised by
giving the general treasurer notice in
writing thereof within ninety (90) days after the date
of his or her retirement his or her surviving
spouse or domestic partner or minor children shall
receive annually one-half (1/2) of his or her
retirement pay during his or her lifetime so long as
he or she remains unmarried or not in a
domestic partnership, or the children are under
twenty-one (21) years of age provided, however,
for any justice engaged on or after July 1, 2009, the
reduction shall be based on the average of the
highest five (5) consecutive years annual compensation.
(c) Whenever any
justice of the supreme court, the superior court, the family court, or the
district court who was engaged as a judge on or after
January 1, 2009, dies during active service
while eligible for retirement, or during active
service after having served fifteen (15) years or
more in office, his or her surviving spouse or
domestic partner shall receive annually thereafter,
during his or her lifetime and so long as he or she
remains unmarried or not in a domestic
partnership, an amount equal to one-half (1/2) of the
annual payment that the justice was
receiving by way of salary.
(d) Whenever a
justice of any of the courts who was engaged as a judge on or after
January 1, 2009, shall die without having become
eligible to retire either under sections 8-3-7 or
8-3-8 and has served seven (7) years or more in
office, his or her surviving spouse or domestic
partner shall receive annually thereafter, during his
or her lifetime and so long as he or she
remains unmarried or not in a domestic partnership,
one-third (1/3) of the annual salary that the
justice was receiving at the time of his or her death.
(e) Whenever a
justice of the courts who was engaged as a judge on or after January 1,
2009, shall die without having become eligible to
retire either under sections 8-3-7 or 8-3-8 and
has not served seven (7) years or more in office, his
or her surviving spouse or domestic partner
shall receive annually thereafter, during his or her
lifetime and so long as he or she remains
unmarried or not in a domestic partnership, one-fourth
(1/4) of the annual salary that the justice
was receiving at the time of his or her death.
(c)(f) In
the event the deceased justice shall have no surviving spouse or domestic
partner, or the surviving spouse or domestic partner
should predecease their minor children, then
the benefits conferred by this section shall be
received in equal shares by the minor children, if
any, until each shall attain the age of twenty-one
(21) years. Any justice of the courts who retires
under the provisions of section 8-3-7, 8-3-8, or
8-3-12 may at his or her option elect to receive
three-fourths (3/4) of his or her retirement pay, and
where such option is exercised by giving the
general treasurer notice in writing thereof within two
(2) years after the date of his or her
retirement, his or her surviving spouse or domestic
partner or minor children shall receive
annually one-half (1/2) of his or her retirement pay
during his or her lifetime so long as he or she
remains unmarried or not in a domestic partnerhip, or the children are under twenty-one (21)
years of age.
SECTION
14. Section 28-30-17 of the General Laws in Chapter 28-30 entitled
"Workers'
28-30-17.
Allowance to surviving spouses and domestic partners of deceased judges.
-- (a)
Whenever any judge of the workers' compensation court who was engaged as a
judge prior
to January 1, 2009 dies after retirement or during
active service while eligible for retirement or
during active service after having served fifteen (15)
years or more in office, his or her surviving
spouse or domestic partner shall receive annually
thereafter during his or her lifetime and so long
as he or she remains unmarried or not in a domestic
partnership, an amount equal to one-half (
1/2) of the annual payment that the judge was
receiving by way of salary or retirement pay at the
time of his or her death.
(b) For those engaged
as a judge on or after January 1, 2009,and prior to July 1, 2009,
the judge may elect to receive retirement pay that is
reduced by an additional ten percent (10%)
of the average of the highest three (3) consecutive
years annual compensation (i.e., ninety percent
(90%) reduced to eighty percent (80%) or seventy
percent (70%) reduced to sixty percent (60%))
and where such option is exercised by giving the
general treasurer notice in writing thereof within
ninety (90) days after the date of his or her
retirement his or her surviving spouse or domestic
partner or minor children shall receive annually
one-half (1/2) of his or her retirement pay during
his or her lifetime so long as he or she remains
unmarried or not in a domestic partnership, or the
children are under twenty-one (21) years of age;
provided, however, for any judge engaged on or
after July 1, 2009, the reduction shall be based upon
the average of the highest five (5) years
consecutive annual compensation .
(c) Whenever a judge of
the workers' compensation court dies without having become
eligible to retire either under section 28-30-15 or
28-30-16 and has served seven (7) years or more
in office, his or her surviving spouse or domestic
partner shall receive annually thereafter during
his or her lifetime and so long as he or she remains
unmarried or not in a domestic partnership
one-third ( 1/3) of the annual salary that the judge
was receiving at the time of his or her death.
(d) Any judge who
retires under the provisions of section 28-30-15 or 28-30-16 may at
his or her option elect to receive three-fourths (
3/4) of his or her retirement pay, and where that
option is exercised by giving the general treasurer notice
in writing within two (2) years after the
date of his or her retirement, his or her surviving
spouse or domestic partner or minor children
shall receive annually one-half ( 1/2) of his or her
retirement pay during his or her lifetime so
long as he or she remains unmarried or not in a
domestic partnership or the children are under
twenty-one (21) years of age.
(d) Whenever any
judge of the workers' compensation court who was engaged as a judge
on or after January 1, 2009 dies during active service
while eligible for retirement or during
active service after having served fifteen (15) years
or more in office, his or her surviving spouse
or domestic partner shall receive annually thereafter
during his or her lifetime and so long as he
or she remains unmarried or not in a domestic
partnership, an amount equal to one-half (1/2) of
the annual payment that the judge was receiving by way
of salary or retirement pay at the time of
his or her death.
(e) Whenever a judge of
the workers' compensation court dies without having become
eligible to retire either under section 28-30-15 or
28-30-16 and has not served seven (7) years in
office, his or her surviving spouse or domestic
partner shall subsequently receive annually during
his or her lifetime and so long as he or she remains
unmarried or not in a domestic partnership,
one fourth ( 1/4) of the annual salary that the judge
was receiving at the time of his or her death.
(f) In the event the
deceased judge has no surviving spouse or domestic partner or the
surviving spouse or domestic partner predeceases their
minor children, the benefits conferred by
this section shall be received in equal shares by the
minor children, if any, until each attains the
age of twenty-one (21) years.
SECTION
15. This article shall take effect upon passage.