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