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2008 -- H 7404 | |
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LC00280 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2008 | |
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____________ | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - RETIREMENT SYSTEM - | |
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CONTRIBUTIONS AND BENEFITS | |
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Introduced By: Representatives Pacheco, Amaral, Church, Long, and Vaudreuil | |
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Date Introduced: February 12, 2008 | |
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Referred To: House Finance | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Sections 8-3-7, 8-3-7.1, 8-3-8, 8-3-8.1, 8-3-11, 8-3-12 and 8-3-15 of the |
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General Laws in Chapter 8-3 entitled "Justices of Supreme, Superior, and Family Courts" are |
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hereby amended to read as follows: |
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8-3-7. Retirement of justices on reduced pay -- Assignment as associate justices. -- |
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(a) Whenever any person engaged as a judge on or before [July 2, 1997] has served as a justice of |
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the supreme court, the superior court, the family court, the district court, or any combination |
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thereof for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty- |
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five (65) years, that justice may retire from active service and thereafter the justice shall receive |
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annually during life a sum equal to three-fourths (3/4) of the annual salary that the justice was |
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receiving at the time of retirement. |
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(b) Any justice in any of the courts who shall retire in accordance with the provisions of |
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this section or section 36-9-5 may, at his or her own request and at the direction of the chief |
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justice of the supreme court, subject to the retiree's physical and mental competence, be assigned |
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to perform such services as an associate justice of the superior court, or the family court, or the |
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district court as the presiding justice of the superior court, or the chief judge of the family court, |
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or the district shall prescribe. When so assigned and performing such service, the justice shall |
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have all the powers and authority of an associate justice of the superior court, the family court, or |
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the district court but otherwise shall have no powers nor be authorized to perform any judicial |
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duties. Such a retired justice shall not be counted in the number of judges provided by law for the |
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superior court, the family court, or the district court. |
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(c) Any justice of the supreme court who shall retire in accordance with the provisions of |
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this section shall at the direction of the chief justice of the supreme court, subject to the retiree's |
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physical and mental competence, be assigned to perform such services as an associate justice of |
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the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and |
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2-7 |
performing such services, the retiree shall have all the powers and authority of an associate justice |
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of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform |
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any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a |
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retired justice shall not be counted in the number of justices provided by law for the supreme |
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2-11 |
court. |
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(d) Notwithstanding the foregoing, this section shall not apply to any justice appointed on |
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or subsequent to January 1, 2009 rather such justices shall be subject to the provisions of Chapter |
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36-10, including, but not limited to, sections 36-10-2, 36-10-9, 36-10-10, 36-10-11 and 36-10-35. |
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2-15 |
8-3-7.1. Retirement of justices on reduced pay -- Assignment as associate justices. -- |
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2-16 |
(a) Whenever any person first engaged as a judge subsequent to [July 2, 1997] has served as a |
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2-17 |
justice of the supreme court, the superior court, the family court, the district court or any |
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2-18 |
combination thereof, for twenty (20) years, or has so served for ten (10) years and has reached the |
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2-19 |
age of sixty-five (65) years, said justice may retire from active service and thereafter said justice |
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shall receive annually during life a sum equal to three-fourths (3/4) of his or her average highest |
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three (3) consecutive years of compensation. |
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(b) Any justice in any of said courts who shall retire in accordance with the provisions of |
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this section or section 36-9-5 may, at his or her own request and at the direction of the chief |
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justice of the supreme court, subject to the retiree's physical and mental competence, be assigned |
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to perform such services as an associate justice of the superior court, or the family court or the |
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district court as the presiding justice of the superior court or the chief judge of the family court or |
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the district shall prescribe. When so assigned and performing such service, said justice shall have |
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all the powers and authority of an associate justice of the superior court, the family court, or the |
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district court but otherwise shall have no powers nor be authorized to perform any judicial duties. |
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Such a retired justice shall not be counted in the number of judges provided by law for the |
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superior court, the family court or the district court. |
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(c) Any justice of the supreme court who shall retire in accordance with the provisions of |
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this section shall at the direction of the chief justice of the supreme court, subject to the retiree's |
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physical and mental competence, be assigned to perform such services as an associate justice of |
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the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and |
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performing such services, the retiree shall have all the powers and authority of an associate justice |
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of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform |
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any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a |
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retired justice shall not be counted in the number of justices provided by law for the supreme |
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court. |
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(d) Notwithstanding the foregoing, this section shall not apply to any justice appointed on |
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or subsequent to January 1, 2009 rather such justices shall be subject to the provisions of Chapter |
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36-10, including, but not limited to, sections 36-10-2, 36-10-9, 36-10-10, 36-10-11 and 36-10-35. |
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3-10 |
8-3-8. Retirement of justices on full pay -- Assignment as associate justices. -- (a) |
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3-11 |
Whenever any person engaged as a judge on or before [July 2, 1997]shall have served as a justice |
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3-12 |
of the supreme court, the superior court, the family court, the district court, or any of them for |
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3-13 |
twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) |
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3-14 |
years, and reached the age of seventy (70) years, that justice may retire from regular active |
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3-15 |
service and thereafter the justice shall receive annually during his or her life a sum equal to the |
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annual salary the justice was receiving at the time of his or her retirement. |
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3-17 |
(b) Any justice of any of the courts who shall retire in accordance with the provisions of |
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3-18 |
this section shall at the direction of the chief justice of the supreme court, subject to the retiree's |
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physical and mental competence, be assigned to perform such services as an associate justice of |
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the superior court, or the family court, or the district court as the presiding justice of the superior |
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court, or the chief judge of the family court, or the district court shall prescribe. When so assigned |
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and performing such service, the retiree shall have all the powers and authority of an associate |
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justice of the superior court, the family court, or the district court but otherwise he or she shall |
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have no powers nor be authorized to perform any judicial duties. Such a retired justice shall not |
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be counted in the number of judges provided by law for the superior court, the family court, or the |
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district court. |
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(c) Any justice of the supreme court who shall retire in accordance with the provisions of |
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this section shall at the direction of the chief justice of the supreme court, subject to the retiree's |
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physical and mental competence, be assigned to perform such services as an associate justice of |
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the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and |
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performing such services, the retiree shall have all the powers and authority of an associate justice |
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of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform |
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any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a |
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retired justice shall not be counted in the number of justices provided by law for the supreme |
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court. |
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(d) Notwithstanding the foregoing, this section shall not apply to any justice appointed on |
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or subsequent to January 1, 2009 rather such justices shall be subject to the provisions of Chapter |
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36-10, including, but not limited to, sections 36-10-2, 36-10-9, 36-10-10, 36-10-11 and 36-10-35. |
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8-3-8.1. Retirement of justices on full pay -- Assignment as associate justices. -- (a) |
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Whenever any person first engaged as a judge subsequent to [July 2, 1997] shall have served as a |
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justice of the supreme court, the superior court, the family court, the district court, or any of them |
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for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen |
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(15) years, and reached the age of seventy (70) years, said justice may retire from regular active |
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4-10 |
service and thereafter said justice shall receive annually during his or her life a sum equal to his |
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or her average highest three (3) consecutive years of compensation. |
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(b) Any justice of any of the aforesaid courts who shall retire in accordance with the |
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provisions of this section, shall at the direction of the chief justice of the supreme court, subject to |
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the retiree's physical and mental competence be assigned to perform such services as an associate |
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justice of the superior court, or the family court, or the district court as the presiding justice of the |
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superior court or the chief judge of the family court, or the district court shall prescribe. When so |
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4-17 |
assigned and performing such service, the retiree shall have all the powers and authority of an |
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associate justice of the superior court, the family court, or the district court but otherwise he or |
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she shall have no powers nor be authorized to perform any judicial duties. Such a retired justice |
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shall not be counted in the number of judges provided by law for the superior court, the family |
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court, or the district court. |
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(c) Any justice of the supreme court who shall retire in accordance with the provisions of |
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this section, shall at the direction of the chief justice of the supreme court, subject to the retiree's |
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physical and mental competence, be assigned to perform such services as an associate justice of |
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the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and |
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performing such services, the retiree shall have all the powers and authority of an associate justice |
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of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform |
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any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a |
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retired justice shall not be counted in the number of justices provided by law for the supreme |
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court. |
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(d) Notwithstanding the foregoing, this section shall not apply to any justice appointed on |
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or subsequent to January 1, 2009 rather such justices shall be subject to the provisions of Chapter |
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36-10, including, but not limited to, sections 36-10-2, 36-10-9, 36-10-10, 36-10-11 and 36-10-35. |
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8-3-11. Allowances to surviving spouses or minor children of deceased justices. -- (a) |
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Whenever any justice of the supreme court, the superior court, the family court, or the district |
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court dies after retirement or during active service while eligible for retirement, or during active |
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service after having served fifteen (15) years or more in office, his or her surviving spouse shall |
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receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried, |
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an amount equal to one-half (1/2) of the annual payment that the justice was receiving by way of |
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salary or retirement pay at the time of his or her death. Whenever a justice of any of the courts |
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shall die without having become eligible to retire either under section 8-3-7 or 8-3-8 and has |
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served seven (7) years or more in office, his or her surviving spouse shall receive annually |
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thereafter, during his or her lifetime and so long as he or she remains unmarried, one-third ( 1/3) |
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of the annual salary that the justice was receiving at the time of his or her death. Whenever a |
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justice of the courts shall die without having become eligible to retire either under section 8-3-7 |
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or 8-3-8 and has not served seven (7) years in office, his or her surviving spouse shall receive |
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annually thereafter, during his or her lifetime and so long as he or she remains unmarried, one- |
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fourth (1/4) of the annual salary that the justice was receiving at the time of his or her death. |
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(b) In the event the deceased justice shall have no surviving spouse, or the surviving |
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spouse should predecease their minor children, then the benefits conferred by this section shall be |
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received in equal shares by the minor children, if any, until each shall attain the age of twenty-one |
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(21) years. Any justice of the courts who retires under the provisions of section 8-3-7, 8-3-8, or 8- |
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3-12 may at his or her option elect to receive three-fourths (3/4) of his or her retirement pay, and |
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where such option is exercised by giving the general treasurer notice in writing thereof within two |
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(2) years after the date of his or her retirement, his or her surviving spouse or minor children shall |
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receive annually one-half (1/2) of his or her retirement pay during his or her lifetime so long as he |
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or she remains unmarried, or the children are under twenty-one (21) years of age. |
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(c) This section shall not apply to any justice who was appointed subsequent to January 1, |
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2009. |
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8-3-12. Retirement of judges with general assembly or office service. -- (a) Any |
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person, who has served as a member of the general assembly, as a general officer, and as a justice |
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of the supreme court, the superior court, the family court, or the district court, whose combined |
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service as a member of the general assembly, a justice, and a general officer is twenty (20) years |
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or more and who has retired, resigned, or completed such service, shall, upon reaching the age of |
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sixty-two (62) years, receive during life a sum equal to three-fourths (3/4) of the highest annual |
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salary that the person was receiving during such service. |
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(b) Notwithstanding the foregoing, this section shall not apply to any justice appointed on |
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or subsequent to January 1, 2009 rather such justices shall be subject to the provisions of Chapter |
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36-10, including, but not limited to, sections 36-10-2, 36-10-9, 36-10-10, 36-10-11 and 36-10-35. |
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8-3-15. Cost of living allowance. -- (a) All justices of the supreme court, superior court, |
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family court, or district court, or their surviving spouses, who retire after January 1, 1970 and |
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who receive a retirement allowance pursuant to the provisions of this title shall, on the first day of |
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January next following the third anniversary date of retirement, receive a cost-of-living retirement |
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adjustment in addition to his or her retirement allowance in an amount equal to three percent (3%) |
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of the original retirement allowance. In each succeeding year thereafter during the month of |
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January, the retirement allowance shall be increased an additional three percent (3%) of the |
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original allowance, not compounded, to be continued during the lifetime of the justice or his or |
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her surviving spouse. For the purpose of such computation, credit shall be given for a full |
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6-11 |
calendar year regardless of the effective date of the retirement allowance. |
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(b) Any justice who retired prior to January 31, 1977 shall be deemed for the purpose of |
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this section to have retired on January 1, 1977. |
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(c) Any justice who was appointed subsequent to January 1, 2009 shall receive a cost of |
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6-15 |
living retirement adjustment in accordance with section 36-10-35. |
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SECTION 2. Sections 42-28-22, 42-28-22.1 and 42-28-23 of the General Laws in |
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Chapter 42-28 entitled "State Police" are hereby amended to read as follows: |
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42-28-22. Retirement of members. -- (A) Whenever any member of the state police has |
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served for twenty (20) years, he or she may retire therefrom or he or she may be retired by the |
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6-20 |
superintendent with the approval of the governor, and in either event a sum equal to one-half |
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6-21 |
(1/2) of the whole salary for the position from which he or she retired determined on the date he |
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or she receives his or her first retirement payment shall be paid him or her during life. |
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(B) For purposes of this section, the term "whole salary" shall mean: |
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(1) For each member who retired prior to July 1, 1966, "whole salary" shall mean the |
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base salary for the position from which he or she retired as the base salary for that position was |
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6-26 |
determined on July 31, 1972; |
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(2) For each member who retired between July 1, 1966 and June 30, 1973, "whole |
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6-28 |
salary" shall mean the base salary for the position from which he or she retired as the base salary, |
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6-29 |
implemented by the longevity increment, for that position was determined on July 31, 1972 or on |
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6-30 |
the date of his or her retirement, whichever is greater; |
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(3) For each member who retired or who retires after July 1, 1973 "whole salary" shall |
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mean the base salary, implemented by the longevity increment, holiday pay, and clothing |
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allowance, for the position from which he or she retired or retires. |
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(C) (1) Any member who retired prior to July 1, 1977 shall receive a benefits payment |
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adjustment equal to three percent (3%) of his or her original retirement, as determined in |
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subsection (B), in addition to his or her original retirement allowance. In each succeeding year |
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thereafter during the month of January, the retirement allowance shall be increased an additional |
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7-4 |
three percent (3%) of the original retirement allowance, not compounded, to be continued until |
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7-5 |
January 1, 1991. For the purposes of the computation, credit shall be given for a full calendar year |
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7-6 |
regardless of the effective date of the service retirement allowance. For purposes of this |
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7-7 |
subsection, the benefits payment adjustment shall be computed from January 1, 1971 or the date |
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7-8 |
of retirement, whichever is later in time. |
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7-9 |
(2) Any member of the state police who retires pursuant to the provisions of this chapter |
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7-10 |
on or after January 1, 1977, shall on the first day of January, next following the third anniversary |
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7-11 |
date of the retirement receive a benefits payment adjustment, in addition to his or her retirement |
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7-12 |
allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each |
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7-13 |
succeeding year thereafter during the month of January, the retirement allowance shall be |
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7-14 |
increased an additional three percent (3%) of the original retirement allowance, not compounded, |
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7-15 |
to be continued until January 1, 1991. For the purposes of the computation, credit shall be given |
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7-16 |
for a full calendar year regardless of the effective date of the service retirement allowance. |
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7-17 |
(3) Any retired member of the state police who is receiving a benefit payment |
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7-18 |
adjustment pursuant to subsections (1) and (2) shall beginning January 1, 1991, receive a benefits |
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7-19 |
payment adjustment equal to fifteen hundred dollars ($1,500). In each succeeding year thereafter |
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7-20 |
during the month of January, the retirement allowance shall be increased by fifteen hundred |
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7-21 |
dollars ($1,500) to be continued during the lifetime of the member. |
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7-22 |
(D) The benefits payment adjustment as provided in this section shall apply to and be in |
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7-23 |
addition to the retirement benefits under the provisions of section 42-28-5, to the injury and death |
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7-24 |
benefits under the provisions of section 42-28-21, and to the death and disability payments as |
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7-25 |
provided in section 42-28-36. |
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7-26 |
(E) (1) Any member who retires after July 1, 1972 and who has served beyond twenty |
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7-27 |
(20) years shall be allowed an additional amount equal to three percent (3%) for each completed |
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7-28 |
year served after twenty (20) years, but in no event shall the original retirement allowance exceed |
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7-29 |
sixty-five percent (65%) of his or her whole salary as defined in subsection (B) hereof or sixty- |
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7-30 |
five percent (65%) of his or her salary as defined in subsection (B) hereof in his or her twenty- |
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7-31 |
fifth (25th) year whichever is less. |
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7-32 |
(2) Each member who retired prior to July 1, 1975, shall be entitled to all retirement |
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7-33 |
benefits as set forth above or shall be paid benefits as set forth in subsection (B)(1) with "whole |
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7-34 |
salary" meaning the base salary for the position from which he or she retired as the base salary for |
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8-1 |
the position was determined on July 1, 1975, whichever is greater. |
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(F) (1) Any member who retires, has served as a member for twenty (20) years or more, |
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8-3 |
and who served for a period of six (6) months or more of active duty in the armed service of the |
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8-4 |
United States or in the merchant marine service of the United States as defined in section 2 of |
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8-5 |
chapter 1721 of the Public Laws, 1946, may purchase credit for such service up to a maximum of |
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8-6 |
two (2) years; provided that any member who has served at least six (6) months or more in any |
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8-7 |
one year shall be allowed to purchase one year for such service and any member who has served a |
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8-8 |
fraction of less than six (6) months in his or her total service shall be allowed to purchase six (6) |
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8-9 |
months' credit for such service. |
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8-10 |
(2) The cost to purchase these credits shall be ten percent (10%) of the member's first |
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8-11 |
year salary as a state policeman multiplied by the number of years and/or fraction thereof of such |
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8-12 |
armed service up to a maximum of two (2) years. The purchase price shall be paid into the |
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8-13 |
general fund. |
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8-14 |
(3) There will be no interest charge provided the member makes such purchase during |
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8-15 |
his or her twentieth (20th) year or within five (5) years from May 18, 1981, whichever is later, |
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8-16 |
but will be charged regular rate of interest as defined in section 36-8-1 as amended to date of |
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8-17 |
purchase from the date of his or her twentieth (20th) year of state service or five (5) years from |
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8-18 |
May 18, 1981, whichever is later. |
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8-19 |
(4) In no event shall the original retirement allowance exceed sixty-five percent (65%) of |
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8-20 |
his or her whole salary as defined in subsection (A) hereof or sixty-five percent (65%) of his or |
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8-21 |
her salary as defined in subsection (A) hereof in his or her twenty-fifth (25th) year, whichever is |
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8-22 |
less. |
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8-23 |
(G) The provisions of this section shall not apply to civilian employees in the Rhode |
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8-24 |
Island state police; and, further, from and after April 28, 1937, chapters 8 -- 10, inclusive, of title |
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8-25 |
36 shall not be construed to apply to the members of the Rhode Island state police who were hired |
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8-26 |
prior to January 1, 2009, except as provided by sections 36-8-3, 36-10-1.1, 42-28-22.1, and 42- |
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8-27 |
28-22.2. |
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8-28 |
Members of the Rhode Island State Police hired after January 1, 2009 shall be subject to |
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8-29 |
the provisions contained in Chapters 8-10 inclusive of title 36, including, but not limited to, |
|
8-30 |
sections 36-10-2, 36-10-9, 36-10-10, 36-10-11 and 36-10-35. |
|
8-31 |
(H) Any other provision of this section notwithstanding, any member of the state police |
|
8-32 |
other than the superintendent of state police, who has served for twenty-five (25) years or who |
|
8-33 |
has attained the age of sixty-two (62) years, whichever shall first occur, shall retire therefrom. |
|
8-34 |
(I) In calculating the retirement benefit for any member, the term base salary as used in |
|
9-1 |
subsection (B)(3) shall not be affected by a deferral of salary plan or a reduced salary plan |
|
9-2 |
implemented to avoid shutdowns or layoffs or to effect cost savings. Basic salary shall remain for |
|
9-3 |
retirement calculation that which it would have been but for the salary deferral or salary reduction |
|
9-4 |
due to a plan implemented to avoid shutdowns or layoffs or to effect cost savings. |
|
9-5 |
(J) Notwithstanding the foregoing, any member of the state police hired on or subsequent |
|
9-6 |
to January 1, 2009 shall be subject to the provisions of Chapter 36-10, including, but not limited |
|
9-7 |
to sections 36-10-2, 36-10-9, 36-10-10, and 36-10-35; provided, however, that the separate |
|
9-8 |
retirement program known as the "State Police Retirement Program" established pursuant to |
|
9-9 |
section 42-28-22.3, shall continue to be maintained for the purpose of providing retirement |
|
9-10 |
benefits to members of the state police. |
|
9-11 |
42-28-22.1. Retirement contribution. – (a) Each member of the state police initially |
|
9-12 |
hired after July 1, 1987 shall have deducted from "compensation" as defined in section 36-8- |
|
9-13 |
1(11) beginning July 1, 1989, an amount equal to a rate percent of such compensation as specified |
|
9-14 |
in section 36-10-1 relating to member contributions to the state retirement system. The receipts |
|
9-15 |
collected from members of the state police shall be deposited in a restricted revenue account |
|
9-16 |
entitled "state police retirement benefits". The proceeds deposited in this account shall be held in |
|
9-17 |
trust for the purpose of paying retirement benefits to participating members of the state police or |
|
9-18 |
their beneficiaries. The retirement board shall establish rules and regulations to govern the |
|
9-19 |
provisions of this section. A member of the state police who withdraws from service or ceases to |
|
9-20 |
be a member for any reason other than death or retirement, shall be paid on demand a refund |
|
9-21 |
consisting of the accumulated contributions standing to his or her credit in his or her individual |
|
9-22 |
account in the state police retirement benefits account. Any member receiving a refund shall |
|
9-23 |
thereby forfeit and relinquish all accrued rights as a member of the system together with credits |
|
9-24 |
for total service previously granted to the member; provided, however, that if any member who |
|
9-25 |
has received a refund shall subsequently reenter the service and again become a member of the |
|
9-26 |
system, he or she shall have the privilege of restoring all moneys previously received or disbursed |
|
9-27 |
to his or her credit as refund of contributions. Upon the repayment of the refund as herein |
|
9-28 |
provided, the member shall again receive credit for the amount of total service which he or she |
|
9-29 |
had previously forfeited by the acceptance of the refund. |
|
9-30 |
(b) Notwithstanding the foregoing, any member of the state police hired on or subsequent |
|
9-31 |
to January 1, 2009 shall be subject to the provisions of Chapter 36-10, including, but not limited |
|
9-32 |
to, sections 36-10-2, 36-10-9, 36-10-10, 36-10-11 and 36-10-35; provided, however, that the |
|
9-33 |
separate retirement program known as the "State Police Retirement Program" established |
|
9-34 |
pursuant to section 42-28-22.3, shall continue to be maintained for the purpose of providing |
|
10-1 |
retirement benefits to members of the state police. |
|
10-2 |
42-28-23. Military credit on retirement. -- Whenever a member of the Rhode Island |
|
10-3 |
state police, other than a civilian member, has been granted a leave of absence from the state |
|
10-4 |
police to enable him or her to serve in the armed forces of the United States in time of war or |
|
10-5 |
national emergency, the time during which he or she so serves while on leave of absence shall be |
|
10-6 |
computed toward his or her |
|
10-7 |
section 42-28-22, except when the member shall have been dishonorably discharged from the |
|
10-8 |
armed forces. |
|
10-9 |
SECTION 3. This act shall take effect upon passage. |
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======= | |
|
LC00280 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
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OF | |
|
A N A C T | |
|
RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - RETIREMENT SYSTEM - | |
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CONTRIBUTIONS AND BENEFITS | |
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*** | |
|
11-1 |
This act would bring the policies regarding retirement of members of the Rhode Island |
|
11-2 |
Judiciary and State Police in conformity with state employees. |
|
11-3 |
This act would take effect upon passage. |
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| |
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======= | |
|
LC00280 | |
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======= |