2024 -- S 2367 | |
======== | |
LC004420 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
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: | |
1 | SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement |
2 | System — Contributions and Benefits" is hereby amended to read as follows: |
3 | 36-10-36. Post-retirement employment. |
4 | (a) On and after July 7, 1994, no member who has retired under the provisions of title 16, |
5 | 36, or 45 may be employed or reemployed by any state agency or department unless any and all |
6 | retirement benefits to which he or she may be entitled by virtue of the provisions of title 16, 36, or |
7 | 45 are suspended for the duration of any employment or reemployment. No additional service |
8 | credits shall be granted for any post-retirement employment or reemployment and no deductions |
9 | shall be taken from an individual’s salary for retirement contribution. Notice of any such post- |
10 | retirement employment or reemployment shall be sent monthly to the retirement board by the |
11 | employing agency or department and by the retired member. |
12 | (b) Any member who has retired under the provisions of title 16, 36, or 45 may be |
13 | employed or reemployed by any municipality within the state that has accepted the provisions of |
14 | chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period |
15 | of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day |
16 | pay in any one calendar year without any forfeiture or reduction of any retirement benefits and |
17 | allowances the member is receiving, or may receive, as a retired member. Pension payments shall |
18 | be suspended whenever this period is exceeded. No additional contributions shall be taken, and no |
| |
1 | additional service credits shall be granted, for this service. Notice of this employment or |
2 | reemployment shall be sent monthly to the retirement board by the employer and by the retired |
3 | member. |
4 | (c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed |
5 | or reemployed by any municipality within the state that has not accepted the provisions of chapter |
6 | 21 of title 45 and that does not participate in the municipal employees’ retirement system. |
7 | (d) Notwithstanding the provisions of this section: |
8 | (1) Any retired member of the system shall be permitted to serve as an elected mayor, the |
9 | town administrator, the city administrator, the town manager, the city manager, the chief |
10 | administrative officer, or the chief executive officer of any city or town, city or town council |
11 | member, school committee member, or unpaid member of any part-time state board or commission |
12 | or member of any part-time municipal board or commission, and shall continue to be eligible for, |
13 | and receive, the retirement allowance for service other than that as a mayor, administrator, council |
14 | member, school committee member, or member of any state board or commission or member of |
15 | any part-time municipal board or commission; provided, however, that no additional service credits |
16 | shall be granted for any service under this subsection; |
17 | (2) Any retired member, who retired from service at any state college, university, state |
18 | school, or who retired from service as a teacher under the provisions of title 16, or who retired from |
19 | service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state |
20 | college, university, or state school for the purpose of providing classroom instruction, academic |
21 | advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the |
22 | salary provided to other faculty similarly situated members employed under a collective bargaining |
23 | agreement at the institution. In no event shall “part-time” mean gross pay of more than eighteen |
24 | thousand dollars ($18,000) in any one calendar year. Any retired member who provides such |
25 | instruction or service so employed shall do so without forfeiture or reduction of any retirement |
26 | benefit or allowance; provided, however, that no additional service credits shall be granted for any |
27 | service under this subsection; |
28 | (3) Any retired member who retired from service as a teacher under the provisions of title |
29 | 16, or as a state employee who, while an active state employee, was certified to teach driver |
30 | education by the department of elementary and secondary education or by the board of governors |
31 | for higher education, may be employed or reemployed, on a part-time basis, by the department of |
32 | elementary and secondary education or by the board of governors of higher education for the |
33 | purpose of providing classroom instruction in driver education courses in accordance with § 31- |
34 | 10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event |
| LC004420 - Page 2 of 5 |
1 | shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one |
2 | calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or |
3 | reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; |
4 | provided, however, that no additional service credits shall be granted for any service under this |
5 | subsection; |
6 | (4) Any retired member who retired from service as a registered nurse may be employed |
7 | or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or |
8 | services at a state-operated facility in Rhode Island, including employment as a faculty member of |
9 | a nursing program at a state-operated college or university. In no event shall “part-time” mean gross |
10 | pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days |
11 | with half pay in any one calendar year. Any retired nurse who provides such care and/or services |
12 | shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse |
13 | is receiving as a retired nurse; provided, however, that no additional service credits shall be granted |
14 | for any service under this subsection. Pension payments shall be suspended whenever this period |
15 | is exceeded. No additional contributions shall be taken and no additional service credits shall be |
16 | granted for this service. Notice of this employment or reemployment shall be sent monthly to the |
17 | retirement board by the employer and by the retired member; |
18 | (5) Any retired member who, at the time of passage of this section, serves as a general |
19 | magistrate within the family court and thereafter retires from judicial service, may be employed or |
20 | reemployed by the family court to perform such services as a general magistrate of the family court |
21 | as the chief judge of the family court shall prescribe without any forfeiture or reduction of any |
22 | retirement benefits and allowances that he or she is receiving or may receive. For any such services |
23 | or assignments performed after retirement, the general magistrate shall receive no compensation |
24 | whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional |
25 | service credits shall be granted for this service; |
26 | (6) Any retired district court clerk/magistrate or magistrate of the district court who shall |
27 | subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be |
28 | employed or reemployed by the district court to perform such services as a magistrate as the chief |
29 | judge of the district court shall prescribe without any forfeiture or reduction of any retirement |
30 | benefits and allowance that he or she is receiving or may receive. For any such services or |
31 | assignment performed after retirement, the district court clerk/magistrate or magistrate shall |
32 | receive, in addition to his or her retirement pension, the difference in pay and fringe benefits |
33 | between his or her retirement pension, and that of a sitting magistrate of the district court with |
34 | comparable state service time. No additional contributions shall be taken and no additional service |
| LC004420 - Page 3 of 5 |
1 | credits shall be granted for this service; and |
2 | (7) Any retired member of the system shall be permitted to serve as a municipal employee |
3 | without any forfeiture or reduction of any retirement benefits and allowances that he or she is |
4 | receiving or may receive; provided, that said member shall be appointed by and serves at the |
5 | pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town |
6 | subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the |
7 | appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided |
8 | further, that no additional service credits shall be granted for any service under this subsection. |
9 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC004420 | |
======== | |
| LC004420 - Page 4 of 5 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM -- | |
CONTRIBUTIONS AND BENEFITS | |
*** | |
1 | This act would expand the post-retirement positions that any retired member in the state |
2 | retirement system could have at a state college or university, to include positions outside of |
3 | teaching, but would maintain the same cap on the amount of money that person could be paid for |
4 | part-time work. |
5 | This act would take effect upon passage. |
======== | |
LC004420 | |
======== | |
| LC004420 - Page 5 of 5 |