Chapter 275
2010 -- S 2804
Enacted 06/25/10
A N A C T
RELATING TO
TOWNS AND CITIES -- RETIREMENT OF MUNICIPAL EMPLOYEES
Introduced By: Senators Lanzi, Gallo, and Miller
Date Introduced: April 15, 2010
It is enacted by the General
Assembly as follows:
SECTION 1. Section 45-21-8 of the General Laws in Chapter
45-21 entitled "Retirement
of Municipal Employees" is hereby amended to read
as follows:
45-21-8.
Membership in system. -- Membership in the
retirement system does not begin
before the effective date of participation in the system as
provided in section 45-21-4, and
consists of the following:
(a) Any employee of a
participating municipality as defined in this chapter, who
becomes an employee on and after the effective date of
participation, shall, under contract of his
or her employment, become a member of the retirement
system; provided, that the employee is
not receiving any pension or retirement allowance from
any other pension or retirement system
supported wholly or in part by a participating municipality,
and is not a contributor to any other
pension or retirement system of a participating municipality.
Any employee who is elected to an
office in the service of a municipality after the effective
date, has the option of becoming a
member of the system, which option must be exercised within
sixty (60) days following the date
the employee assumes the duties of his or her office,
otherwise that person is not entitled to
participate under the provisions of this section;
(b) Any employee or
elected official of a participating municipality in service prior to
the effective date of participation, who is not a member
of any other pension or retirement system
supported wholly or in part by a participating municipality,
and who does not notify the
retirement board in writing before the expiration of sixty (60)
days from the effective date of
participation that he or she does not wish to join the system,
shall automatically become a
member; and
(c) Any employee of a
participating municipality in service prior to the effective date of
participation, who is a member of any other pension or retirement
system supported wholly or in
part by a participating municipality on the effective date
of participation of their municipality,
who then or thereafter makes written application to join
this system, and waives and renounces all
accrued rights and benefits of any other pension or
retirement system supported wholly or in part
by a participating municipality, becomes a member of
this retirement system and shall not be
required to make contribution under any other pension or
retirement system of a participating
municipality, any thing to the contrary notwithstanding.
(d) Notwithstanding the
provisions of this section, present firefighters employed by the
town of
system. If the town of
contributions to the pension plan, the auditor general is
authorized to redirect any
to cover the shortfall or to deduct that amount from any
moneys due the town from the state for
any purpose other than for education. Disability
determinations of present firefighters shall be
made by the state retirement board, subject to the
provisions of section 45-21-19 at the town of
the state retirement system.
(e) Notwithstanding
the provisions of this section, any city of
are presently members of teamsters local union no. 251,
hired between the dates of July 1, 2005
and June 30, 2010 inclusive and who are currently members
of the retirement system established
by this chapter, may opt out of said retirement system
and choose to enroll in a defined
contribution plan (i.e., a 403 (b) plan or equivalent thereof)
established by the city of
(f) Notwithstanding
the provisions of this section, any city of
will be members of teamsters local union no. 251, hired
after June 30, 2010 shall be enrolled in a
defined contribution plan (i.e., a 403 (b) plan or equivalent
thereof) established by the city of
(g) Notwithstanding
the provisions of this section, any city of
defined in (e) and (f) of this section shall be precluded
from purchase of service credit for time
served on or after July 1, 2010 while participating in the
defined contribution plan (i.e., a 403 (b)
plan or equivalent thereof) established by the city of
employment with the city of
with another participating employer who has accepted the
provisions, as defined in section 45-21-
4.
SECTION 2. This act shall take effect upon passage.
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LC02361
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