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

     

     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:

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     SECTION 1. Sections 45-21.2-2 and 45-21.2-5 of the General Laws in Chapter 45-21.2

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entitled "Optional Retirement for Members of Police Force and Firefighters" are hereby amended

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to read as follows:

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     45-21.2-2. Definitions.

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     As used in this chapter, the words defined in § 45-21-2 have the same meanings stated in

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that section except that “employee” means any regular and permanent police official or officer and

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any regular and permanent fire fighter. The retirement board shall determine who are employees

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within the meaning of this chapter; and “final compensation” means for members who retire on or

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prior to June 30, 2012, the average annual compensation, pay or salary of a member for services

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rendered during the period of three (3) consecutive years within the total service of the member

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when that average was highest. Effective on and after July 1, 2012 2024, “final compensation”

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means the average annual compensation of a member for services rendered during the period of the

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highest five (5) three (3) consecutive years within the total service of the member, and

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compensation shall be defined in accordance with § 36-8-1(8). Notwithstanding the prior sentence,

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in no event shall a member’s final compensation be less than the member’s final compensation on

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or before June 30, 2012.

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     45-21.2-5. Retirement on service allowance.

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     (a) Retirement of a member on a service retirement allowance for members eligible to retire

 

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on or before June 30, 2012, shall be made, subject to paragraph (a)(11) below, by the retirement

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board as follows:

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     (1) Any member who has attained or attains age seventy (70) shall be retired as stated in § 

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45-21-16 subject to the discretions contained in that section; provided, that any member who is a

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member of the Woonsocket fire department who has attained or attains an age of sixty-five (65)

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years shall be retired. Retirement occurs on the first day of the next succeeding calendar month in

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which the member has attained the age of sixty-five (65) years.

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     (2) Any member may retire pursuant to this subdivision upon written application to the

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board stating at what time the member desires to retire; provided, that the member at the specified

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time for retirement has attained an age of fifty-five (55) years and has completed at least ten (10)

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years of total service, and notwithstanding that the member may have separated from service.

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     (3) Any member may retire pursuant to this subdivision upon written application to the

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board stating at what time the member desires to retire; provided, that the member at the specified

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time for retirement has completed at least twenty-five (25) years of total service, and

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notwithstanding that the member may have separated from service.

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     (4) Any member may retire pursuant to this subdivision upon written application to the

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board stating at what time the member desires to retire; provided, that the member at the specified

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time for retirement has attained an age of fifty (50) years and has completed at least twenty (20)

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years of total service, notwithstanding that the member may have separated from service; provided,

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that the service retirement allowance, as determined according to the formula provided in § 45-

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21.2-6, is reduced one-half of one percent (1/2%) for each month that the age of the member is less

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than fifty-five (55) years.

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     (5) Any member of the South Kingstown police department may retire pursuant to this

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subdivision upon written application to the board stating at what time the member desires to retire;

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provided, that the member at the specified time for retirement has earned a service retirement

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allowance of fifty percent (50%) of final compensation pursuant to § 45-21.2-6.1.

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     (6) Any member of the Johnston police department may retire pursuant to this subdivision

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upon written application to the board stating at what time the member desires to retire; provided,

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that the member at the specified time for retirement has earned a service retirement allowance of

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fifty percent (50%) of final compensation pursuant to § 45-21.2-6.2.

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     (7) Any member of the Cranston fire department hired after July 1, 1995, or any member

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of the Cranston fire department with five (5) years or less of service effective July 1, 1995, may

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retire pursuant to this subdivision upon written application to the board stating at what time the

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member desires to retire; provided, that the member at the specified time for retirement has earned

 

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a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20)

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years service; final compensation for Cranston fire department members is based on the

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compensation components of weekly salary, longevity and holidays with longevity of the members

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highest year of earnings and members shall receive a three percent (3%) escalation of their pension

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payment compounded each year on January 1st following the year of retirement and continuing on

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an annual basis on that date; further, any illness or injury not covered in title 45 relating to the

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presumption of disability is governed by the collective bargaining agreement between the City of

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Cranston and members of the Cranston fire department.

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     (8) Any member of the Cranston police department hired after July 1, 1995, or any member

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of the Cranston police department with five (5) years or less of service effective July 1, 1995, may

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retire pursuant to this subdivision upon written application to the board stating at what time the

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member desires to retire; provided, that the member at the specified time for retirement has earned

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a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20)

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years service; final compensation for Cranston police department members is based on the

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compensation components of weekly salary, longevity and holidays with longevity of the members

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highest year of earnings and members shall receive a three percent (3%) escalation of their pension

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payment compounded each year on January 1st following the year of retirement and continuing on

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an annual basis on that date; further, any illness or injury not covered in title 45 relating to the

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presumption of disability is governed by the collective bargaining agreement between the City of

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Cranston and members of the Cranston police department.

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     (9) Any member of the Hopkinton police department may retire pursuant to this subdivision

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upon written application to the board stating at what time the member desires to retire; provided,

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that the member at the specified time for retirement has earned a service retirement allowance of

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fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation

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for Hopkinton police department members is based on the compensation components of weekly

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salary, longevity and holidays with longevity of the members highest year of earnings and members

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shall receive a three percent (3%) escalation of their pension payment compounded each year on

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January 1st following the year of retirement and continuing on an annual basis on that date.

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     (10) Any member of the Richmond police department may retire pursuant to this

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subdivision upon written application to the board stating at what time the member desires to retire;

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provided, that the member at the specified time for retirement has earned a service retirement

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allowance of fifty percent (50%) of final compensation for at least twenty-two (22) years’ service

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pursuant to § 45-21.2-6.3.

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     (11) Notwithstanding any provision in this section to the contrary, for any service on or

 

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after July 1, 2012, final compensation shall be defined in accordance with § 45-21.2-2, and no

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benefit adjustments shall be provided except as set forth in §  45-21-52(c).

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     (12) Notwithstanding any provisions of this section to the contrary, with respect to police

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officers employed by the town of Johnston, only those police officers hired on or after July 1, 2010,

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shall be eligible to be members of the Municipal Employees’ Retirement System of the state of

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Rhode Island in accordance with this chapter.

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     (b) Retirement of a member on a service retirement allowance eligible to retire on and after

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July 1, 2012, shall be made by the retirement board as follows:

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     (1) Any member may retire pursuant to this subdivision upon written application to the

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board stating at what time the member desires to retire; provided, that the member at the specified

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time for retirement attained the age of at least fifty-five (55) years and has completed at least

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twenty-five (25) years of total service, and notwithstanding that the member may have separated

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from service; or

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     (2) Effective July 1, 2015, the member makes contributions to the plan effective July 1,

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2015, in accordance with § 45-21.2-14, and (i) The member at the specified time for retirement

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attained the age of at least fifty (50) years and has completed at least twenty-five (25) years of total

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service; or (ii) The member has completed at least twenty-seven (27) years of total service

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regardless of the member’s attained age, and notwithstanding that the member may have separated

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from service; or (iii) Effective as of July 1, 2024, the member has attained the age of at least fifty-

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seven (57) years and has completed at least twenty (20) years of total service.

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     (3) Any member with contributory service on or after July 1, 2012, who has completed at

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least five (5) years of contributory service but who has not completed twenty-five (25) years of

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service, shall be eligible to retire upon the attainment of the member’s Social Security retirement

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age.

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     (4) If a member had ten (10) or more years of contributory service and attained age forty-

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five (45) prior to July 1, 2012, and would have been eligible to retire at or prior to age fifty-two

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(52) in accordance with the rules in effect prior to July 1, 2012, the member may retire upon

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attainment of age fifty-two (52).

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     (5) Effective July 1, 2015, a member who has completed twenty (20) or more years of total

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service who has attained an age within five (5) years of the eligible retirement age under

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subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above, may elect to retire provided that the

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retirement allowance shall be reduced actuarially for each month that the age of the member is less

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than the eligible retirement age under subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above in

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accordance with the following table:

 

LC006138 - Page 4 of 6

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Year Preceding Retirement Cumulative Annual Reduction Cumulative Monthly

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Reduction

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     For Year 1 9% .75%

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     For Year 2 8% .667%

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     For Year 3 7% .583%

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     For Year 4 7% .583%

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     For Year 5 7% .583%

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     (6) Notwithstanding any other provisions of this section, a member on June 30, 2012, may

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elect to retire at his or her eligible retirement date as determined under the rules in effect on June

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30, 2012, provided that a member making an election under this paragraph shall receive the

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member’s retirement benefit determined and calculated based on the member’s service and final

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compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner

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to protect a member’s accrued benefit on June 30, 2012.

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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 TOWNS AND CITIES -- OPTIONAL RETIREMENT FOR MEMBERS OF

POLICE FORCE AND FIREFIGHTERS

***

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     This act, effective July 1, 2024, would require that "final compensation" for purposes of

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calculating police and firefighter's retirement benefits, be based on the employee's highest three (3)

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consecutive years compensation, rather than the current five (5) years and would permit police and

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firefighters to retire if they have attained the age of at least fifty-seven (57) years and have

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completed at least twenty (20) years of total service.

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     This act would take effect upon passage.

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LC006138

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