| Chapter 194 |
| 2023 -- H 5195 Enacted 06/23/2023 |
| A N A C T |
| RELATING TO EDUCATION -- TEACHERS' RETIREMENT |
Introduced By: Representatives McEntee, Caldwell, O'Brien, Dawson, Serpa, Phillips, Knight, Craven, and Morales |
| Date Introduced: January 19, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 16-16-8 of the General Laws in Chapter 16-16 entitled "Teachers’ |
| Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby |
| amended to read as follows: |
| 16-16-8. Credit for service as a state or municipal employee. |
| (a) 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 in toto to 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 § 36-8-1(10). Any service as defined in this section for which no contributions were |
| made may be granted provided the member pays to the retirement system the full actuarial cost as |
| defined in § 36-8-1(10). The retirement board shall fix and determine the rules and regulations |
| needed to govern the provisions of this section. |
| (b) Any member who shall have rendered service both as a teacher under §16-16-12, and |
| service under § 36-10-9.2(a), shall be eligible to elect to combine the member’s service under § 16- |
| 16-12, and service under § 36-10-9.2(a), to determine the member’s retirement eligibility date |
| under § 16-16-12. For any member making this election, the member will receive a single benefit |
| equal to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit computed under |
| § 16-16-13. |
| SECTION 2. Sections 36-10-9.2 and 36-10-10.2 of the General Laws in Chapter 36-10 |
| entitled "Retirement System — Contributions and Benefits" are hereby amended to read as follows: |
| 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)(1) 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. |
| (2) 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 contributory 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, |
| but who are eligible to retire on or prior to June 30, 2012, 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: |
| (i) 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). |
| (ii) 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 (b)(2)(i) as the denominator. |
| (iii) The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference |
| determined in (b)(2)(i) to apply a reduction in years from age fifty-five (55). |
| (c) Any member with contributory service on or after July 1, 2012, who has completed at |
| least five (5) years of contributory service but who has not completed twenty-five (25) years of |
| contributory service, shall be eligible to retire upon the attainment of the member’s Social Security |
| retirement age or, notwithstanding any other provisions, effective July 1, 2015, members in active |
| service shall be eligible to retire upon the earlier of: |
| (1) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) |
| years of total service, or the attainment of at least age sixty-four (64) and the completion of at least |
| thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the |
| completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty- |
| two (62) and the completion of at least thirty-three (33) years of total service; or |
| (2) The member’s retirement eligibility date under § 36-10-9(1)(c)(ii). |
| (d) Any member who shall have rendered service both as a state employee under § 36-10- |
| 9 and/or as a teacher under § 16-16-12, and service under subsection (a) of this section, shall be |
| eligible to elect to combine the member’s service under subsection (a) of this section and service |
| under § 36-10-9 and/or § 16-16-12 to determine the member’s retirement eligibility date under § |
| 36-10-9 or § 16-16-12. For any member making this election, the member will receive a single |
| benefit equal to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit |
| computed under § 36-10-10 and/or § 16-16-13. |
| (e) The provisions of subsection (d) shall also apply to members who have retired on a |
| service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in |
| writing to the retirement board and shall apply prospectively from the date the request is received |
| by the retirement board. |
| 36-10-10.2. Amount of service retirement allowance — Correctional officers. |
| (a) Upon retirement for service under § 36-10-9.2, a member with twenty-five (25) or more |
| years of service as of June 30, 2012, shall receive a retirement allowance of an amount determined |
| under (1) below. All other members shall receive a retirement allowance of an amount equal to the |
| sum of (1) below for service prior to July 1, 2012, plus (2) below for service on and after July 1, |
| 2012. |
| (1) Two percent (2%) of his or her average compensation multiplied by his or her first |
| thirty (30) years of total service within the department of corrections; any and all years of remaining |
| service shall be issued to the member at a retirement allowance of an amount equal to his or her |
| average compensation multiplied by the percentage allowance determined in accordance with |
| Schedule A below: |
| Schedule A |
| Years of Service Percentage Allowance |
| 1 through 30 inclusive 2% |
| 31st 6% |
| 32nd 5% |
| 33rd 4% |
| 34th 3% |
| 35th 2% |
| (2) On and after July 1, 2012, two percent (2%) of his or her average compensation |
| multiplied by his or her first thirty (30) years of total service within the department of corrections, |
| and three percent (3%) of his or her average compensation multiplied by the member’s thirty-first |
| (31st) through thirty-fifth (35th) years of service. |
| (b) A member who has rendered service as a state employee under § 36-10-9 and/or as a |
| teacher under § 16-16-12 shall be eligible to combine the accrued benefit under § 36-10-10 as a |
| state employee and/or § 16-16-13 as a teacher with the accrued benefit under this section, provided |
| the member has first obtained eligibility under § 36-10-9.2(a), (b)(1), or (b)(2). The accrual under |
| § 36-10-10 or § 16-16-13 will be added in the year in which service was rendered consistent with |
| the schedules provided under § 36-10-10 and/or § 16-16-13. |
| (c) The provisions of subsection (b) shall also apply to members who have retired on a |
| service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in |
| writing to the retirement board and will only apply prospectively from the date the request is |
| received by the retirement board. |
| (d) In no case shall a retirement percentage allowance exceed the greater of the member’s |
| retirement percentage allowance on June 30, 2012, or seventy-five percent (75%). Any member |
| who has in excess of thirty-five (35) years on or before July 1, 1987, shall not be entitled to any |
| refund. Any member with thirty-five (35) years or more on or after July 1, 1987, shall contribute |
| from July 1, 1987, until his or her retirement, provided, however, that any member with thirty-eight |
| (38) years of service prior to July 1, 1987, shall not be required to contribute. |
| SECTION 3. This act shall take effect upon passage. |
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| LC000449 |
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