2014 -- H 7360 SUBSTITUTE A
Enacted 07/01/14
A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM--CONTRIBUTIONS AND BENEFITS
Introduced By: Representatives Lally, Guthrie, Johnston, Bennett, and Hull
Date Introduced: February 06, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement System-Contributions and Benefits" is hereby amended to read as follows:
36-10-36. Post retirement employment. -- (a) On and after July 7, 1994, no member who has retired under the provisions of titles 16, 36, or 45 may be employed or reemployed by any state agency or department unless any and all retirement benefits to which he or she may be entitled by virtue of the provisions of titles 16, 36, or 45 are suspended for the duration of any employment or reemployment. No additional service credits shall be granted for any post-retirement employment or reemployment and no deductions shall be taken from an individual's salary for retirement contribution. Notice of any such post-retirement employment or reemployment shall be sent monthly to the retirement board by the employing agency or department and by the retired member.
(b) Any member who has retired under
the provisions of titles 16, 36, or 45 may be employed or reemployed by any
municipality within the state, which municipality has accepted the provisions
of chapter 21 of title 45 and which participates in the municipal employees'
retirement system for a period of not more than seventy-five (75) working days
or one hundred fifty (150) half days with half-day
pay in any one calendar year without any forfeiture of
or reduction of any retirement benefits and allowances the member is receiving, or may receive,
as a retired member. Pension payments shall be suspended whenever this period
is exceeded. No additional contributions shall be taken and no additional
service credits shall be granted for this service. Notice of this employment or
re-employment shall be sent monthly to the retirement board by the employer and
by the retired member.
(c) Any member who has retired under
the provisions of title 16, 36, or 45 may be employed or re-employed by any
municipality within the state which that has not accepted the provisions of chapter
21 of title 45 and which that does not participate in the municipal
employees' retirement system.
(d) Notwithstanding the provisions of this section:
(1) Any retired member of the system shall be permitted to serve as an elected mayor, the town administrator, the city administrator, the town manager, the city manager, the chief administrative officer, or the chief executive officer of any city or town, city or town council member, school committee member, or unpaid member of any part-time state board or commission, or member of any part-time municipal board or commission, and shall continue to be eligible for, and receive, the retirement allowance for service other than that as a mayor, administrator, council member, school committee member, or member of any state board or commission or member of any part-time municipal board or commission; provided, however, that no additional service credits shall be granted for any service under this subsection;
(2) Any retired member, who retired from service at any state college, university, state school, or who retired from service as a teacher under the provisions of title 16, or who retired from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state college, university, or state school for the purpose of providing classroom instruction, academic advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the salary provided to other faculty members employed under a collective bargaining agreement at the institution. In no event shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any one calendar year. Any retired member who provides such instruction or service shall do so without forfeiture or reduction of any retirement benefit or allowance; and provided, however, that no additional service credits shall be granted for any service under this subsection;
(3) Any retired member who retired
from service as a teacher under the provisions of title 16, or as a state
employee who, while an active state
employee, was certified to teach driver
education by the department of elementary and secondary education or by the board of governors for higher education Rhode Island Board of Education, may be employed
or reemployed, on a part-time basis, by the department of elementary and
secondary education or by the board of governors for
higher education Rhode Island Board of
Education for the purpose of providing classroom instruction in
driver education courses in accordance with section
§31-10-19 and/or motorcycle driver
education courses in accordance with section
§31-10.1-1.1. In no event shall
"part-time" mean gross pay of more than fifteen thousand dollars
($15,000) in any one calendar year. Any retired teacher who provides that
instruction shall do so without forfeiture or reduction of any retirement
benefit or allowance the retired teacher is receiving as a retired teacher;
provided, however, that no additional service credits shall be granted for any
service under this subsection; and
(4) Any retired member who retired
from service as a registered nurse may be employed or reemployed, on a per-diem basis, for the purpose of providing
professional nursing care and/or services at a state-operated
facility in Rhode Island. In no event shall "part-time" mean gross
pay of more than twelve thousand dollars ($12,000)
fifteen thousand dollars ($15,000) in
any one calendar year. Any retired nurse who provides such care and/or services
shall do so without forfeiture or reduction of any retirement benefit or
allowance the retired nurse is receiving as a retired nurse; provided, however,
that no additional service credits shall be granted for any service under this
subsection.;
and
(5) Any retired member who, at the time of passage of this section, serves as a general magistrate within the
family court and thereafter retires from judicial service, may be employed or
reemployed by the family court to perform such services as a general magistrate
of the family court as the chief judge of the family court shall prescribe, without any forfeiture of or reduction of any retirement benefits and
allowances that he or she is receiving or may receive. For any such services or
assignments performed after retirement, the general magistrate shall receive no
compensation whatsoever, either monetary or in kind. No additional
contributions shall be taken and no additional service credits shall be granted
for this service.
SECTION 2. This act shall take effect upon passage.
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LC004014/SUB A
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