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ARTICLE 12 |
RELATING TO STATE POLICE PENSIONS
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SECTION 1. Section 42-28-22.1 of the General Laws in Chapter 42-28 entitled “State |
Police” is hereby amended to read as follows: |
42-28-22.1 Retirement contribution. -- (a) Legislative findings. The general assembly |
finds that: |
(1) A trust was created for retirement purposes for members of the state police who were |
hired after July 1, 1987; however, as of January 1, 2015, there was an unfunded liability of |
approximately $200 million attributable to the retirement benefits for members of the state police |
hired on or before July 1, 1987, and no trust had been created for them. |
(2) Unless a trust is established, these members’ benefits will continue to be funded on a |
pay-as-you-go basis and would not be recognized as a liability on the state’s financial statements |
under generally accepted accounting purposes. |
(3) An investigation of Google, Inc., conducted by the Rhode Island U.S. attorney’s |
office and the Rhode Island task force of the U.S. food and drug administration’s office of |
criminal investigations, the department of the attorney general, and state and local police netted |
settlement amounts of approximately $230 million to the state, of which $45.0 million has been |
allocated for use by the state police. |
(4) The allocation of Google settlement monies to the state police presents a unique |
opportunity to reduce the amount of the unfunded liability attributable to the retirement benefits |
for members of the state police hired on or before July 1, 1987. |
(5) It is in the best interests of the members of the state police and the taxpayers of this |
state to reduce the amount of the unfunded liability attributable to retirement benefits for these |
police officers by creating a separate trust and to fund those benefits on an actuarial basis. |
(a)(b) Each member of the state police initially hired after July 1, 1987 shall have |
deducted from "compensation" as defined in § 36-8-1(8) beginning July 1, 1989, an amount equal |
to a rate percent of such compensation of eight and three quarters percent (8.75%). The receipts |
collected from members of the state police shall be deposited in a restricted revenue account |
entitled "state police retirement benefits". The proceeds deposited in this account shall be held in |
trust for the purpose of paying retirement benefits under this section to participating members of |
the state police or their beneficiaries. The retirement board shall establish rules and regulations to |
govern the provisions of this section. |
(b)(c) A member of the state police initially hired after July 1, 1987 who withdraws from |
service or ceases to be a member for any reason other than death or retirement, will, at the |
member's request, be paid on demand a refund consisting of the accumulated contributions |
standing to his or her credit in his or her individual account in the state police retirement benefits |
account. Any member receiving a refund shall thereby forfeit and relinquish all accrued rights as |
a member of the system together with credits for total service previously granted to the member; |
provided, however, that if any member who has received a refund shall subsequently reenter the |
service and again become a member of the system, he or she shall have the privilege of restoring |
all moneys previously received or disbursed to his or her credit as refund of contributions, plus |
regular interest for the period from the date of refund to the date of restoration. |
(c)(d) Upon the repayment of the refund as herein provided in subsection (c) above, the |
member shall again receive credit for the amount of total service which he or she had previously |
forfeited by the acceptance of the refund. |
(e) The state shall deposit contributions for members of the state police initially hired on |
or before July 1, 1987, from time to time (as provided in § 42-28-22.2) to be held in trust. The |
proceeds of this trust shall pay retirement benefits under this section to participating members of |
the state police or their beneficiaries. The retirement board shall establish rules and regulations to |
govern the provisions of this section. |
SECTION 2. Section 42-28-22.2 of the General Laws in Chapter 42-28 entitled “State |
Police” is hereby amended to read as follows: |
42-28-22.2 State contributions. -- The state of Rhode Island shall make its contribution |
for the maintaining of the system established by § 42-28-22.1 and providing the annuities, |
benefits, and retirement allowances in accordance with the provisions of this chapter by (a) |
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 and (b) appropriating an |
amount which will amortize the unfunded liability associated with the benefits payable to |
members of the state police hired on or before July 1, 1987. This rate percent The dollar amount |
specified in subsection (b) above shall be computed on an actuarial basis using an eighteen (18) |
year amortization schedule commencing on July 1, 2015, taking into account an initial |
supplemental contribution from the state, and certified in accordance with the procedures set forth |
in §§ 36-8-13 and 36-10-2 under rules and regulations promulgated by the retirement board |
pursuant to § 36-8-3. |
SECTION 3. 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 pension account. |
(2) "Active member" shall mean any employee of the state of Rhode Island as defined in |
this section for whom the retirement system is currently receiving regular contributions pursuant |
to §§ 36-10-1 and 36-10-1.1. |
(3) "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. |
(4) "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. |
(5)(a) "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. |
(b) For members who become eligible to retire on or after July 1, 2012, if more than one |
half (1/2) of the member's total years of service consist of years of service during which the |
member devoted less than thirty (30) business hours per week to the service of the state, but the |
member's average compensation consists of three (3) or more years during which the member |
devoted more than thirty (30) business hours per week to the service of the state, such member's |
average compensation shall mean the average of the highest ten (10) consecutive years of |
compensation within the total service when the average compensation was the highest. |
(6) "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. |
(7) "Casual employee" shall mean those persons hired for a temporary period, a period of |
emergency or an occasional period. |
(8) "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 any other reason other than |
performance of duties, 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. |
(9) "Employee" shall mean any officer or employee of the state of Rhode Island whose |
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 § 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 § 36-9-24. Any commissioner of a municipal housing authority or any member of a |
part-time state, municipal or local board, commission, committee or other public authority shall |
not be deemed to be an employee within the meaning of this chapter. |
(10) "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. Except as provided in §§ 16-16-7.1, 36-5-3, 36- |
9-31, 36-10-10.4, 45-21-53, 36-10-8, 45-21-29, 8-3-16(b), 8-8-10.1(b), 42-28-22.1(b)(c) and 28- |
30-18.1(b):. |
(i) all service credit purchases requested after June 16, 2009 and prior to July 1, 2012, |
shall be at full actuarial value; and |
(ii) all service credit purchases requested after June 30, 2012 shall be at full actuarial |
value which shall be determined using the system's assumed investment rate of return minus one |
percent (1%). |
The rules applicable to a service credit purchase shall be the rules of the retirement |
system in effect at the time the purchase application is submitted to the retirement system. |
(11) "Inactive member" shall mean a member who has withdrawn from service as an |
employee but who has not received a refund of contributions. |
(12) "Members" shall mean any person included in the membership of the retirement |
system as provided in §§ 36-9-1 – 36-9-7. |
(13) "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 § 36-9-28. |
(14) "Regular interest" shall mean interest at the assumed investment rate of return, |
compounded annually, as may be prescribed from time to time by the retirement board. |
(15) "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. |
(16) "Retirement board" or "board" shall mean the board provided in § 36-8-3 to |
administer the retirement system. |
(17) "Retirement system" shall mean the employees' retirement system of the state of |
Rhode Island as defined in § 36-8-2. |
(18) "Service" shall mean service as an employee of the state of Rhode Island as |
described in subdivision (9) of this section. |
(19) "Social Security retirement age" shall mean a member's full retirement age as |
determined in accordance with the federal Old Age, Survivors and Disability Insurance Act, not |
to exceed age sixty-seven (67). |
(20) "Total service" shall mean prior service as defined above, plus service rendered as a |
member on or after July 1, 1936. |
SECTION 4. This article shall take effect upon passage. |