2024 -- S 2905 | |
======== | |
LC005136 | |
======== | |
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: Senator F. Lombardi | |
Date Introduced: March 22, 2024 | |
Referred To: Senate Judiciary | |
(Judiciary) | |
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 members employed under a collective bargaining agreement at the |
23 | institution. In no event shall “part-time” mean gross pay of more than eighteen thousand dollars |
24 | ($18,000) in any one calendar year. Any retired member who provides such instruction or service |
25 | shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, |
26 | however, that no additional service credits shall be granted for any service under this subsection; |
27 | (3) Any retired member who retired from service as a teacher under the provisions of title |
28 | 16, or as a state employee who, while an active state employee, was certified to teach driver |
29 | education by the department of elementary and secondary education or by the board of governors |
30 | for higher education, may be employed or reemployed, on a part-time basis, by the department of |
31 | elementary and secondary education or by the board of governors of higher education for the |
32 | purpose of providing classroom instruction in driver education courses in accordance with § 31- |
33 | 10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event |
34 | shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one |
| LC005136 - Page 2 of 5 |
1 | calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or |
2 | reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; |
3 | provided, however, that no additional service credits shall be granted for any service under this |
4 | subsection; |
5 | (4) Any retired member who retired from service as a registered nurse may be employed |
6 | or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or |
7 | services at a state-operated facility in Rhode Island, including employment as a faculty member of |
8 | a nursing program at a state-operated college or university. In no event shall “part-time” mean gross |
9 | pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days |
10 | with half pay in any one calendar year. Any retired nurse who provides such care and/or services |
11 | shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse |
12 | is receiving as a retired nurse; provided, however, that no additional service credits shall be granted |
13 | for any service under this subsection. Pension payments shall be suspended whenever this period |
14 | is exceeded. No additional contributions shall be taken and no additional service credits shall be |
15 | granted for this service. Notice of this employment or reemployment shall be sent monthly to the |
16 | retirement board by the employer and by the retired member; |
17 | (5) Any retired member who, at the time of passage of this section, serves as a general |
18 | magistrate within the family court and thereafter retires from judicial service, may be employed or |
19 | reemployed by the family court to perform such services as a general magistrate of the family court |
20 | as the chief judge of the family court shall prescribe without any forfeiture or reduction of any |
21 | retirement benefits and allowances that he or she is receiving or may receive. For any such services |
22 | or assignments performed after retirement, the general magistrate shall receive no compensation |
23 | whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional |
24 | service credits shall be granted for this service; |
25 | (6) Any retired district court clerk/magistrate or magistrate of the district court who shall |
26 | subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be |
27 | employed or reemployed by the district court to perform such services as a magistrate as the chief |
28 | judge of the district court shall prescribe without any forfeiture or reduction of any retirement |
29 | benefits and allowance that he or she is receiving or may receive. For any such services or |
30 | assignment performed after retirement, the district court clerk/magistrate or magistrate shall |
31 | receive, in addition to his or her retirement pension, the difference in pay and fringe benefits |
32 | between his or her retirement pension, and that of a sitting magistrate of the district court with |
33 | comparable state service time. No additional contributions shall be taken and no additional service |
34 | credits shall be granted for this service; and |
| LC005136 - Page 3 of 5 |
1 | (7) Any retired member of the system shall be permitted to serve as a municipal employee |
2 | without any forfeiture or reduction of any retirement benefits and allowances that he or she is |
3 | receiving or may receive; provided, that said member shall be appointed by and serves at the |
4 | pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town |
5 | subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the |
6 | appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided |
7 | further, that no additional service credits shall be granted for any service under this subsection; and |
8 | (8) Any retired member who retired from service as a certified or qualified court interpreter, |
9 | as defined in § 8-19-2, may be employed or re-employed on a per-diem basis, for the purpose of |
10 | providing court interpretation services within the unified judicial system. In no event shall "part- |
11 | time" mean more than a period of seventy-five (75) working days or one hundred fifty (150) days |
12 | with half pay in any one calendar year. Any retired certified or qualified court interpreter providing |
13 | such services shall do so without forfeiture or reduction of any retirement benefit or allowance the |
14 | retired court interpreter is receiving as a retired court interpreter; provided, however, that no |
15 | additional service credits shall be granted for any service under this subsection. Pension payments |
16 | shall be suspended whenever this period is exceeded. No additional contributions shall be taken, |
17 | and no additional service credits shall be granted for this service. Notice of this employment or re- |
18 | employment shall be sent monthly to the retirement board by the employer and the retired member. |
19 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC005136 | |
======== | |
| LC005136 - 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 allow retired state employees who worked as certified or qualified court |
2 | interpreter to be employed or re-employed for a limited period of time in a given year to provide |
3 | court interpretation services within the unified judicial system. |
4 | This act would take effect upon passage. |
======== | |
LC005136 | |
======== | |
| LC005136 - Page 5 of 5 |