Chapter 472
2013 -- S 1026
Enacted 07/16/13
A N A C T
RELATING TO
TOWNS AND CITIES - RETIREMENT OF MUNICIPAL EMPLOYEES
Introduced By: Senators Gallo, Miller, and Lombardi
Date Introduced: June 25, 2013
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 and prior to July 1, 2012, 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 anything 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 the 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
are presently members of the Laborers International Union
of
between the dates of July 1, 2008 and June 30, 2013 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)(g)
Notwithstanding the provisions of this section, any City of
who 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
chapter.
(h) Notwithstanding
the provisions of this section, any City of
are presently members of the Laborers International Union
of
after April 23, 2013 shall be enrolled in a defined
contribution plan (i.e., 403(b) plan or
equivalent thereof) established by the City of
retirement system established by this chapter.
(g)(i) 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.
(h)(j)
Notwithstanding the provisions of this section, any town of
employees, who will be members of the Teamsters Local Union No.
251 bargaining unit, hired
after June 30, 2012, shall be enrolled in a defined
contribution plan (i.e., a 403(b) plan or
equivalent thereof) established by the town of
retirement system established by this chapter. Said town of
shall be precluded from the purchase of service credit for
time served on or after July 1, 2012
while participating in the defined contribution plan (i.e.,
a 403(b) plan or equivalent thereof)
established by the town of
with any participating employer who has accepted the
provisions, as defined in section 45-21-4.
(i)(k) Notwithstanding the provisions of
this section, any town of
employees, who will be members of the Middletown Municipal
Employees Association NEARI
Local 869 bargaining unit, hired after June 30, 2012,
shall be enrolled in a defined contribution
plan (i.e., a 403(b) plan or equivalent thereof)
established by the town of
not be members of the retirement system established by
this chapter. Said town of
employees defined herein shall be precluded from the purchase
of service credit for time served
on or after July 1, 2012 while participating in the
defined contribution plan (i.e., a 403(b) plan or
equivalent thereof) established by the town of
with the town of
Local 869 bargaining unit and re-enter the system with
any participating employer who has
accepted the provisions, as defined in section 45-21-4.
(j)(l)
Notwithstanding the provisions of this section, any
employees, who will be members of National Association of
Government Employees (NAGE),
Local RI-153, hired after June 30, 2012 shall be
enrolled in a defined contribution plan (i.e., a
401(a) plan or equivalent thereof) established by the
a member of the retirement system established by this
chapter.
(k)(m)
Notwithstanding the provisions of this section, any
employees defined in subsection (h) shall be precluded from the
purchase of service credit for
time served on or after July 1, 2012, while participating
in the defined contribution plan (i.e., a
401(a) plan or equivalent thereof) established by the
cease employment with the
Employees (NAGE), Local RI-153 and re-enter the system
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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LC02891
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