2024 -- S 3079 | |
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LC006138 | |
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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 TOWNS AND CITIES -- OPTIONAL RETIREMENT FOR MEMBERS OF | |
POLICE FORCE AND FIREFIGHTERS | |
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Introduced By: Senators Ciccone, and F. Lombardi | |
Date Introduced: May 16, 2024 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 45-21.2-2 and 45-21.2-5 of the General Laws in Chapter 45-21.2 |
2 | entitled "Optional Retirement for Members of Police Force and Firefighters" are hereby amended |
3 | to read as follows: |
4 | 45-21.2-2. Definitions. |
5 | As used in this chapter, the words defined in § 45-21-2 have the same meanings stated in |
6 | that section except that “employee” means any regular and permanent police official or officer and |
7 | any regular and permanent fire fighter. The retirement board shall determine who are employees |
8 | within the meaning of this chapter; and “final compensation” means for members who retire on or |
9 | prior to June 30, 2012, the average annual compensation, pay or salary of a member for services |
10 | rendered during the period of three (3) consecutive years within the total service of the member |
11 | when that average was highest. Effective on and after July 1, 2012 2024, “final compensation” |
12 | means the average annual compensation of a member for services rendered during the period of the |
13 | highest five (5) three (3) consecutive years within the total service of the member, and |
14 | compensation shall be defined in accordance with § 36-8-1(8). Notwithstanding the prior sentence, |
15 | in no event shall a member’s final compensation be less than the member’s final compensation on |
16 | or before June 30, 2012. |
17 | 45-21.2-5. Retirement on service allowance. |
18 | (a) Retirement of a member on a service retirement allowance for members eligible to retire |
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1 | on or before June 30, 2012, shall be made, subject to paragraph (a)(11) below, by the retirement |
2 | board as follows: |
3 | (1) Any member who has attained or attains age seventy (70) shall be retired as stated in § |
4 | 45-21-16 subject to the discretions contained in that section; provided, that any member who is a |
5 | member of the Woonsocket fire department who has attained or attains an age of sixty-five (65) |
6 | years shall be retired. Retirement occurs on the first day of the next succeeding calendar month in |
7 | which the member has attained the age of sixty-five (65) years. |
8 | (2) Any member may retire pursuant to this subdivision upon written application to the |
9 | board stating at what time the member desires to retire; provided, that the member at the specified |
10 | time for retirement has attained an age of fifty-five (55) years and has completed at least ten (10) |
11 | years of total service, and notwithstanding that the member may have separated from service. |
12 | (3) Any member may retire pursuant to this subdivision upon written application to the |
13 | board stating at what time the member desires to retire; provided, that the member at the specified |
14 | time for retirement has completed at least twenty-five (25) years of total service, and |
15 | notwithstanding that the member may have separated from service. |
16 | (4) Any member may retire pursuant to this subdivision upon written application to the |
17 | board stating at what time the member desires to retire; provided, that the member at the specified |
18 | time for retirement has attained an age of fifty (50) years and has completed at least twenty (20) |
19 | years of total service, notwithstanding that the member may have separated from service; provided, |
20 | that the service retirement allowance, as determined according to the formula provided in § 45- |
21 | 21.2-6, is reduced one-half of one percent (1/2%) for each month that the age of the member is less |
22 | than fifty-five (55) years. |
23 | (5) Any member of the South Kingstown police department may retire pursuant to this |
24 | subdivision upon written application to the board stating at what time the member desires to retire; |
25 | provided, that the member at the specified time for retirement has earned a service retirement |
26 | allowance of fifty percent (50%) of final compensation pursuant to § 45-21.2-6.1. |
27 | (6) Any member of the Johnston police department may retire pursuant to this subdivision |
28 | upon written application to the board stating at what time the member desires to retire; provided, |
29 | that the member at the specified time for retirement has earned a service retirement allowance of |
30 | fifty percent (50%) of final compensation pursuant to § 45-21.2-6.2. |
31 | (7) Any member of the Cranston fire department hired after July 1, 1995, or any member |
32 | of the Cranston fire department with five (5) years or less of service effective July 1, 1995, may |
33 | retire pursuant to this subdivision upon written application to the board stating at what time the |
34 | member desires to retire; provided, that the member at the specified time for retirement has earned |
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1 | a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) |
2 | years service; final compensation for Cranston fire department members is based on the |
3 | compensation components of weekly salary, longevity and holidays with longevity of the members |
4 | highest year of earnings and members shall receive a three percent (3%) escalation of their pension |
5 | payment compounded each year on January 1st following the year of retirement and continuing on |
6 | an annual basis on that date; further, any illness or injury not covered in title 45 relating to the |
7 | presumption of disability is governed by the collective bargaining agreement between the City of |
8 | Cranston and members of the Cranston fire department. |
9 | (8) Any member of the Cranston police department hired after July 1, 1995, or any member |
10 | of the Cranston police department with five (5) years or less of service effective July 1, 1995, may |
11 | retire pursuant to this subdivision upon written application to the board stating at what time the |
12 | member desires to retire; provided, that the member at the specified time for retirement has earned |
13 | a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) |
14 | years service; final compensation for Cranston police department members is based on the |
15 | compensation components of weekly salary, longevity and holidays with longevity of the members |
16 | highest year of earnings and members shall receive a three percent (3%) escalation of their pension |
17 | payment compounded each year on January 1st following the year of retirement and continuing on |
18 | an annual basis on that date; further, any illness or injury not covered in title 45 relating to the |
19 | presumption of disability is governed by the collective bargaining agreement between the City of |
20 | Cranston and members of the Cranston police department. |
21 | (9) Any member of the Hopkinton police department may retire pursuant to this subdivision |
22 | upon written application to the board stating at what time the member desires to retire; provided, |
23 | that the member at the specified time for retirement has earned a service retirement allowance of |
24 | fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation |
25 | for Hopkinton police department members is based on the compensation components of weekly |
26 | salary, longevity and holidays with longevity of the members highest year of earnings and members |
27 | shall receive a three percent (3%) escalation of their pension payment compounded each year on |
28 | January 1st following the year of retirement and continuing on an annual basis on that date. |
29 | (10) Any member of the Richmond police department may retire pursuant to this |
30 | subdivision upon written application to the board stating at what time the member desires to retire; |
31 | provided, that the member at the specified time for retirement has earned a service retirement |
32 | allowance of fifty percent (50%) of final compensation for at least twenty-two (22) years’ service |
33 | pursuant to § 45-21.2-6.3. |
34 | (11) Notwithstanding any provision in this section to the contrary, for any service on or |
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1 | after July 1, 2012, final compensation shall be defined in accordance with § 45-21.2-2, and no |
2 | benefit adjustments shall be provided except as set forth in § 45-21-52(c). |
3 | (12) Notwithstanding any provisions of this section to the contrary, with respect to police |
4 | officers employed by the town of Johnston, only those police officers hired on or after July 1, 2010, |
5 | shall be eligible to be members of the Municipal Employees’ Retirement System of the state of |
6 | Rhode Island in accordance with this chapter. |
7 | (b) Retirement of a member on a service retirement allowance eligible to retire on and after |
8 | July 1, 2012, shall be made by the retirement board as follows: |
9 | (1) Any member may retire pursuant to this subdivision upon written application to the |
10 | board stating at what time the member desires to retire; provided, that the member at the specified |
11 | time for retirement attained the age of at least fifty-five (55) years and has completed at least |
12 | twenty-five (25) years of total service, and notwithstanding that the member may have separated |
13 | from service; or |
14 | (2) Effective July 1, 2015, the member makes contributions to the plan effective July 1, |
15 | 2015, in accordance with § 45-21.2-14, and (i) The member at the specified time for retirement |
16 | attained the age of at least fifty (50) years and has completed at least twenty-five (25) years of total |
17 | service; or (ii) The member has completed at least twenty-seven (27) years of total service |
18 | regardless of the member’s attained age, and notwithstanding that the member may have separated |
19 | from service; or (iii) Effective as of July 1, 2024, the member has attained the age of at least fifty- |
20 | seven (57) years and has completed at least twenty (20) years of total service. |
21 | (3) Any member with contributory service on or after July 1, 2012, who has completed at |
22 | least five (5) years of contributory service but who has not completed twenty-five (25) years of |
23 | service, shall be eligible to retire upon the attainment of the member’s Social Security retirement |
24 | age. |
25 | (4) If a member had ten (10) or more years of contributory service and attained age forty- |
26 | five (45) prior to July 1, 2012, and would have been eligible to retire at or prior to age fifty-two |
27 | (52) in accordance with the rules in effect prior to July 1, 2012, the member may retire upon |
28 | attainment of age fifty-two (52). |
29 | (5) Effective July 1, 2015, a member who has completed twenty (20) or more years of total |
30 | service who has attained an age within five (5) years of the eligible retirement age under |
31 | subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above, may elect to retire provided that the |
32 | retirement allowance shall be reduced actuarially for each month that the age of the member is less |
33 | than the eligible retirement age under subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above in |
34 | accordance with the following table: |
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1 | Year Preceding Retirement Cumulative Annual Reduction Cumulative Monthly |
2 | Reduction |
3 | For Year 1 9% .75% |
4 | For Year 2 8% .667% |
5 | For Year 3 7% .583% |
6 | For Year 4 7% .583% |
7 | For Year 5 7% .583% |
8 | (6) Notwithstanding any other provisions of this section, a member on June 30, 2012, may |
9 | elect to retire at his or her eligible retirement date as determined under the rules in effect on June |
10 | 30, 2012, provided that a member making an election under this paragraph shall receive the |
11 | member’s retirement benefit determined and calculated based on the member’s service and final |
12 | compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner |
13 | to protect a member’s accrued benefit on June 30, 2012. |
14 | SECTION 2. This act shall take effect upon passage. |
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LC006138 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- OPTIONAL RETIREMENT FOR MEMBERS OF | |
POLICE FORCE AND FIREFIGHTERS | |
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1 | This act, effective July 1, 2024, would require that "final compensation" for purposes of |
2 | calculating police and firefighter's retirement benefits, be based on the employee's highest three (3) |
3 | consecutive years compensation, rather than the current five (5) years and would permit police and |
4 | firefighters to retire if they have attained the age of at least fifty-seven (57) years and have |
5 | completed at least twenty (20) years of total service. |
6 | This act would take effect upon passage. |
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LC006138 | |
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