2012 -- S 2098

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LC00055

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION -- TEACHERS' RETIREMENT

     Introduced By: Senators DiPalma, Gallo, Sosnowski, Tassoni, and Hodgson

     Date Introduced: January 18, 2012

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-16-5 of the General Laws in Chapter 16-16 entitled "Teachers'

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Retirement" is hereby amended to read as follows:

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     16-16-5. Service creditable. -- (a) In calculating "service", "prior service", or "total

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service" as defined in section 16-16-1, every teacher shall be given credit for a year of service for

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each year in which he or she shall have served as a teacher; provided, that any teacher who

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through illness or leave of absence without pay does not serve a full school year may receive

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credit for a full school year of service by paying the full actuarial cost as defined in section 36-8-

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1(9). Credit for leaves of absence shall be limited, in the aggregate, during the total service of a

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teacher to a period of four (4) years; provided, however, every teacher who had been required to

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resign for maternity reasons may receive credit for maternity reasons by making contribution to

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the system upon her return to teaching the amount she would have contributed to the retirement

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system, with interest, based upon her expected compensation but for her absence due to maternity

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reasons.

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      (b) The retirement board shall fix and determine the time when and the conditions under

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which the payments shall be made.

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      (c) Any teacher who serves or who has served during a school year at least three-quarters

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( 3/4) of the number of days that the public schools are required by law to be in session during the

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year shall be given credit for a year of service for that year. In determining the number of days

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served by a substitute teacher the total number of days served in any public school of any city or

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town in the state may be combined for any one school year. Any teacher shall be entitled to "prior

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service" credit for service prior to July 1, 1949, provided the teacher shall have been in service

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during the school year 1949-1950. The teacher shall be entitled to service credit for any year

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subsequent to July 1, 1949, by making contribution to the retirement system the amount he or she

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would have contributed to the retirement system had he or she been a member, plus regular

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interest compounded annually to date of payment, payable at a time or in any manner that may be

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provided by the rules of the retirement board.

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      (d) Any teacher employed in at least a half ( 1/2) (1/2) program including a job share

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program in a school district or between two (2) or more different school districts shall remain a

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contributing member and shall receive credit for that part-time service.

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      (e) In computing service or in computing compensation, the retirement board shall credit

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no more than one year of service on account of all service in one calendar year.

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      (f) Notwithstanding any other section of law, no member of the retirement system shall

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be permitted to purchase service credit for any portion of a year for which he or she is already

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receiving service credit in this retirement system.

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     SECTION 2. This act shall take effect upon passage.

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LC00055

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- TEACHERS' RETIREMENT

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     This act would allow any teacher employed in at least a half (1/2) program including a

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job share program in a school district or between two (2) or more different school districts to

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remain a contributing member of the retirement system and receive credit for that part-time

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service.

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     This act would take effect upon passage.

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LC00055

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