| Chapter 374 |
| 2024 -- H 7029 Enacted 06/26/2024 |
| A N A C T |
| RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM -- CONTRIBUTION AND BENEFITS |
Introduced By: Representatives McEntee, Fogarty, Serpa, O'Brien, Dawson, Morales, Caldwell, Craven, Noret, and Phillips |
| Date Introduced: January 05, 2024 |
| 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 title 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 shethe member may be entitled by virtue of the provisions of |
| title 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 title 16, 36, or 45 may be |
| employed or reemployed by any municipality within the state that has accepted the provisions of |
| chapter 21 of title 45 and 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 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 |
| reemployment 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 reemployed by any municipality within the state that has not accepted the provisions of chapter |
| 21 of title 45 and 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 eighteen thousand dollars |
| ($18,000) twenty-five thousand dollars ($25,000) 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; 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, may be employed or reemployed, on a part-time basis, by the department of |
| elementary and secondary education or by the board of governors of higher education for the |
| purpose of providing classroom instruction in driver education courses in accordance with § 31- |
| 10-19 and/or motorcycle driver education courses in accordance with § 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; |
| (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, including employment as a faculty member of |
| a nursing program at a state-operated college or university. In no event shall “part-time” mean gross |
| pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days |
| with half pay 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. 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 reemployment shall be sent monthly to the |
| retirement board by the employer and by the retired member; |
| (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 or reduction of any |
| retirement benefits and allowances that he or shethe member 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; |
| (6) Any retired district court clerk/magistrate or magistrate of the district court who shall |
| subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be |
| employed or reemployed by the district court to perform such services as a magistrate as the chief |
| judge of the district court shall prescribe without any forfeiture or reduction of any retirement |
| benefits and allowance that he or shethey are is receiving or may receive. For any such services or |
| assignment performed after retirement, the district court clerk/magistrate or magistrate shall |
| receive, in addition to his or hertheir retirement pension, the difference in pay and fringe benefits |
| between his or hertheir retirement pension, and that of a sitting magistrate of the district court with |
| comparable state service time. No additional contributions shall be taken and no additional service |
| credits shall be granted for this service; and |
| (7) Any retired member of the system shall be permitted to serve as a municipal employee |
| without any forfeiture or reduction of any retirement benefits and allowances that he or shethe |
| member is receiving or may receive; provided, that said member shall be appointed by and serves |
| at the pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or |
| town subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to |
| the appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. |
| Provided further, that no additional service credits shall be granted for any service under this |
| subsection. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003430 |
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