2024 -- S 2367

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LC004420

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --

CONTRIBUTIONS AND BENEFITS

     

     Introduced By: Senators Sosnowski, Acosta, Britto, Ciccone, F. Lombardi, and Miller

     Date Introduced: February 12, 2024

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement

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System — Contributions and Benefits" is hereby amended to read as follows:

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     36-10-36. Post-retirement employment.

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     (a) On and after July 7, 1994, no member who has retired under the provisions of title 16,

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36, or 45 may be employed or reemployed by any state agency or department unless any and all

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retirement benefits to which he or she may be entitled by virtue of the provisions of title 16, 36, or

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45 are suspended for the duration of any employment or reemployment. No additional service

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credits shall be granted for any post-retirement employment or reemployment and no deductions

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shall be taken from an individual’s salary for retirement contribution. Notice of any such post-

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retirement employment or reemployment shall be sent monthly to the retirement board by the

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employing agency or department and by the retired member.

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     (b) Any member who has retired under the provisions of title 16, 36, or 45 may be

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employed or reemployed by any municipality within the state that has accepted the provisions of

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chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period

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of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day

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pay in any one calendar year without any forfeiture or reduction of any retirement benefits and

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allowances the member is receiving, or may receive, as a retired member. Pension payments shall

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be suspended whenever this period is exceeded. No additional contributions shall be taken, and no

 

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additional service credits shall be granted, for this service. Notice of this employment or

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reemployment shall be sent monthly to the retirement board by the employer and by the retired

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member.

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     (c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed

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or reemployed by any municipality within the state that has not accepted the provisions of chapter

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21 of title 45 and that does not participate in the municipal employees’ retirement system.

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     (d) Notwithstanding the provisions of this section:

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     (1) Any retired member of the system shall be permitted to serve as an elected mayor, the

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town administrator, the city administrator, the town manager, the city manager, the chief

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administrative officer, or the chief executive officer of any city or town, city or town council

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member, school committee member, or unpaid member of any part-time state board or commission

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or member of any part-time municipal board or commission, and shall continue to be eligible for,

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and receive, the retirement allowance for service other than that as a mayor, administrator, council

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member, school committee member, or member of any state board or commission or member of

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any part-time municipal board or commission; provided, however, that no additional service credits

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shall be granted for any service under this subsection;

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     (2) Any retired member, who retired from service at any state college, university, state

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school, or who retired from service as a teacher under the provisions of title 16, or who retired from

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service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state

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college, university, or state school for the purpose of providing classroom instruction, academic

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advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the

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salary provided to other faculty similarly situated members employed under a collective bargaining

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agreement at the institution. In no event shall “part-time” mean gross pay of more than eighteen

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thousand dollars ($18,000) in any one calendar year. Any retired member who provides such

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instruction or service so employed shall do so without forfeiture or reduction of any retirement

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benefit or allowance; provided, however, that no additional service credits shall be granted for any

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service under this subsection;

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     (3) Any retired member who retired from service as a teacher under the provisions of title

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16, or as a state employee who, while an active state employee, was certified to teach driver

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education by the department of elementary and secondary education or by the board of governors

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for higher education, may be employed or reemployed, on a part-time basis, by the department of

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elementary and secondary education or by the board of governors of higher education for the

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purpose of providing classroom instruction in driver education courses in accordance with § 31-

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10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event

 

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shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one

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calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or

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reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher;

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provided, however, that no additional service credits shall be granted for any service under this

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subsection;

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     (4) Any retired member who retired from service as a registered nurse may be employed

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or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or

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services at a state-operated facility in Rhode Island, including employment as a faculty member of

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a nursing program at a state-operated college or university. In no event shall “part-time” mean gross

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pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days

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with half pay in any one calendar year. Any retired nurse who provides such care and/or services

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shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse

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is receiving as a retired nurse; provided, however, that no additional service credits shall be granted

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for any service under this subsection. Pension payments shall be suspended whenever this period

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is exceeded. No additional contributions shall be taken and no additional service credits shall be

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granted for this service. Notice of this employment or reemployment shall be sent monthly to the

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retirement board by the employer and by the retired member;

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     (5) Any retired member who, at the time of passage of this section, serves as a general

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magistrate within the family court and thereafter retires from judicial service, may be employed or

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reemployed by the family court to perform such services as a general magistrate of the family court

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as the chief judge of the family court shall prescribe without any forfeiture or reduction of any

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retirement benefits and allowances that he or she is receiving or may receive. For any such services

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or assignments performed after retirement, the general magistrate shall receive no compensation

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whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional

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service credits shall be granted for this service;

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     (6) Any retired district court clerk/magistrate or magistrate of the district court who shall

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subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be

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employed or reemployed by the district court to perform such services as a magistrate as the chief

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judge of the district court shall prescribe without any forfeiture or reduction of any retirement

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benefits and allowance that he or she is receiving or may receive. For any such services or

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assignment performed after retirement, the district court clerk/magistrate or magistrate shall

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receive, in addition to his or her retirement pension, the difference in pay and fringe benefits

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between his or her retirement pension, and that of a sitting magistrate of the district court with

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comparable state service time. No additional contributions shall be taken and no additional service

 

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credits shall be granted for this service; and

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     (7) Any retired member of the system shall be permitted to serve as a municipal employee

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without any forfeiture or reduction of any retirement benefits and allowances that he or she is

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receiving or may receive; provided, that said member shall be appointed by and serves at the

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pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town

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subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the

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appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided

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further, that no additional service credits shall be granted for any service under this subsection.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --

CONTRIBUTIONS AND BENEFITS

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     This act would expand the post-retirement positions that any retired member in the state

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retirement system could have at a state college or university, to include positions outside of

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teaching, but would maintain the same cap on the amount of money that person could be paid for

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part-time work.

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     This act would take effect upon passage.

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