2025 -- H 5525 | |
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LC001302 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- TEACHERS' AND STATE | |
EMPLOYEES RETIREMENT | |
| |
Introduced By: Representatives Serpa, Ackerman, Read, Noret, Fellela, Donovan, | |
Date Introduced: February 13, 2025 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-16-40 of the General Laws in Chapter 16-16 entitled "Teachers’ |
2 | Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby |
3 | amended to read as follows: |
4 | 16-16-40. Additional benefits payable to retired teachers. |
5 | (a) All teachers and all beneficiaries of teachers receiving any service retirement or |
6 | ordinary or accidental disability retirement allowance pursuant to the provisions of this chapter and |
7 | chapter 17 of this title, on or before December 31, 1967, shall receive a cost of living retirement |
8 | adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, |
9 | not compounded, for each year the retirement allowance has been in effect. For purposes of |
10 | computation credit shall be given for a full calendar year regardless of the effective date of the |
11 | retirement allowance. This cost of living retirement adjustment shall be added to the amount of the |
12 | service retirement allowance as of January 1, 1970, and payment shall begin as of July 1, 1970. An |
13 | additional cost of living retirement adjustment shall be added to the original retirement allowance |
14 | equal to three percent (3%) of the original retirement allowance on the first day of January, 1971, |
15 | and each year thereafter through December 31, 1980. |
16 | (b) All teachers and beneficiaries of teachers receiving any service retirement or ordinary |
17 | disability retirement allowance pursuant to the provisions of this title who retired on or after January |
18 | 1, 1968, shall, on the first day of January, next following the third (3rd) year on retirement, receive |
| |
1 | a cost of living adjustment, in addition to their retirement allowance, an amount equal to three |
2 | percent (3%) of the original retirement allowance. In each succeeding year thereafter, on the first |
3 | day of January, the retirement allowance shall be increased an additional three percent (3%) of the |
4 | original retirement allowance, not compounded, to be continued through December 31, 1980. |
5 | (c)(1) Beginning on January 1, 1981, for all teachers and beneficiaries of teachers receiving |
6 | any service retirement and all teachers and all beneficiaries of teachers who have completed at least |
7 | ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of this |
8 | chapter, and for all teachers and beneficiaries of teachers who receive a disability retirement |
9 | allowance pursuant to §§ 16-16-14 — 16-16-17, the cost of living adjustment shall be computed |
10 | and paid at the rate of three percent (3%) of the original retirement allowance or the retirement |
11 | allowance as computed in accordance with § 16-16-40.1, compounded annually from the year for |
12 | which the cost of living adjustment was determined to be payable by the retirement board pursuant |
13 | to the provisions of subsection (a) or (b) of this section. Such cost of living adjustments are available |
14 | to teachers who retire before October 1, 2009, or are eligible to retire as of September 30, 2009. |
15 | (2) The provisions of this subsection shall be deemed to apply prospectively only and no |
16 | retroactive payment shall be made. |
17 | (3) The retirement allowance of all teachers and all beneficiaries of teachers who have not |
18 | completed at least ten (10) years of contributory service on or before July 1, 2005, or were not |
19 | eligible to retire as of September 30, 2009, shall, on the month following the third anniversary date |
20 | of the retirement, and on the month following the anniversary date of each succeeding year be |
21 | adjusted and computed by multiplying the retirement allowance by three percent (3%) or the |
22 | percentage of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published |
23 | by the United States Department of Labor Statistics, determined as of September 30 of the prior |
24 | calendar year, whichever is less; the cost of living adjustment shall be compounded annually from |
25 | the year for which the cost of living adjustment was determined payable by the retirement board; |
26 | provided, that no adjustment shall cause any retirement allowance to be decreased from the |
27 | retirement allowance provided immediately before such adjustment. |
28 | (d) For teachers not eligible to retire in accordance with this chapter as of September 30, |
29 | 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living |
30 | adjustment described in subsection (c)(3) of this section shall only apply to the first thirty-five |
31 | thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon |
32 | the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), |
33 | whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the |
34 | percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published |
| LC001302 - Page 2 of 12 |
1 | by the United States Department of Labor Statistics determined as of September 30 of the prior |
2 | calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars |
3 | ($35,000), as indexed, of retirement allowance shall be multiplied by the percentage of increase in |
4 | the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States |
5 | Department of Labor Statistics determined as of September 30 of the prior calendar year or three |
6 | percent (3%), whichever is less, on the month following the anniversary date of each succeeding |
7 | year. For teachers eligible to retire as of September 30, 2009, or eligible upon passage of this article, |
8 | and for their beneficiaries, the provisions of this subsection (d) shall not apply. |
9 | (e) The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section. |
10 | (f) This subsection (f) shall be effective for the period July 1, 2012, through June 30, 2015. |
11 | (1) Notwithstanding the prior paragraphs of this section, and subject to subsection (f)(2) |
12 | below, for all present and former teachers, active and retired teachers, and beneficiaries receiving |
13 | any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment |
14 | provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) |
15 | is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the |
16 | “subtrahend”) from the Five-Year Average Investment Return of the retirement system determined |
17 | as of the last day of the plan year preceding the calendar year in which the adjustment is granted, |
18 | said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) |
19 | is equal to the lesser of the teacher’s retirement allowance or the first twenty-five thousand dollars |
20 | ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be |
21 | indexed annually in the same percentage as determined under (f)(1)(A) above. The “Five-Year |
22 | Average Investment Return” shall mean the average of the investment returns of the most recent |
23 | five (5) plan years as determined by the retirement board. Subject to subsection (f)(2) below, the |
24 | benefit adjustment provided by this subsection (f)(1) shall commence upon the third (3rd) |
25 | anniversary of the date of retirement or the date on which the retiree reaches their Social Security |
26 | retirement age, whichever is later. In the event the retirement board adjusts the actuarially assumed |
27 | rate of return for the system, either upward or downward, the subtrahend shall be adjusted either |
28 | upward or downward in the same amount. |
29 | (2) Except as provided in subsection (f)(3), the benefit adjustments under this section for |
30 | any plan year shall be suspended in their entirety unless the funded ratio of the employees’ |
31 | retirement system of Rhode Island, the judicial retirement benefits trust, and the state police |
32 | retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty |
33 | percent (80%) in which event the benefit adjustment will be reinstated for all teachers for such plan |
34 | year. |
| LC001302 - Page 3 of 12 |
1 | In determining whether a funding level under this subsection (f)(2) has been achieved, the |
2 | actuary shall calculate the funding percentage after taking into account the reinstatement of any |
3 | current or future benefit adjustment provided under this section. |
4 | (3) Notwithstanding subsection (f)(2), in each fifth plan year commencing after June 30, |
5 | 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five |
6 | plan years, a benefit adjustment shall be calculated and made in accordance with subsection (f)(1) |
7 | above until the funded ratio of the employees’ retirement system of Rhode Island, the judicial |
8 | retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s |
9 | actuary on an aggregate basis, exceeds eighty percent (80%). |
10 | (4) Notwithstanding any other provisions of this chapter, the provisions of this subsection |
11 | (f) shall become effective July 1, 2012, and shall apply to any benefit adjustments not granted on |
12 | or prior to June 30, 2012. |
13 | (g) This subsection (g) shall become effective July 1, 2015. |
14 | (1)(A) As soon as administratively reasonable following the enactment into law of this |
15 | subsection (g)(1)(A), a one-time benefit adjustment shall be provided to teachers and/or |
16 | beneficiaries of teachers who retired on or before June 30, 2012, in the amount of two percent (2%) |
17 | of the lesser of either the teacher’s retirement allowance or the first twenty-five thousand dollars |
18 | ($25,000) of the teacher’s retirement allowance. This one-time benefit adjustment shall be provided |
19 | without regard to the retiree’s age or number of years since retirement. |
20 | (B) Notwithstanding the prior subsections of this section, for all present and former |
21 | teachers, active and retired teachers, and beneficiaries receiving any retirement, disability, or death |
22 | allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under |
23 | this section for adjustments on and after January 1, 2016, and subject to subsection (g)(2) below, |
24 | shall be equal to (I) multiplied by (II): |
25 | (I) shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where: |
26 | (i) is equal to the percentage determined by subtracting five and one-half percent (5.5%) |
27 | (the “subtrahend”) from the five-year average investment return of the retirement system |
28 | determined as of the last day of the plan year preceding the calendar year in which the adjustment |
29 | is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent |
30 | (0%). The “five-year average investment return” shall mean the average of the investment returns |
31 | of the most recent five (5) plan years as determined by the retirement board. In the event the |
32 | retirement board adjusts the actuarially assumed rate of return for the system, either upward or |
33 | downward, the subtrahend shall be adjusted either upward or downward in the same amount. |
34 | (ii) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer |
| LC001302 - Page 4 of 12 |
1 | Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor |
2 | Statistics determined as of September 30 of the prior calendar year. |
3 | In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less |
4 | than (0%) percent. |
5 | (II) is equal to the lesser of either the teacher’s retirement allowance or the first twenty- |
6 | five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount |
7 | to be indexed annually in the same percentage as determined under subsection (g)(1)(B)(I) above. |
8 | The benefit adjustments provided by this subsection (g)(1)(B) shall be provided to all |
9 | retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, |
10 | and for all other retirees the benefit adjustments shall commence upon the third anniversary of the |
11 | date of retirement or the date on which the retiree reaches his or her Social Security retirement age, |
12 | whichever is later. |
13 | (2) Except for teachers and/or beneficiaries of teachers who retired on or before June 30, |
14 | 2012, have been retired for more than three (3) full calendar years, the benefit adjustments under |
15 | subsection (g)(1)(B) for any plan year shall be reduced to twenty-five percent (25%) of the benefit |
16 | adjustment unless the funded ratio of the employees’ retirement system of Rhode Island, the judicial |
17 | retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s |
18 | actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment |
19 | will be reinstated for all teachers for such plan year. Effective July 1, 2024, the funded ratio of the |
20 | employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state |
21 | police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, of |
22 | exceeding eighty percent (80%) for the benefit adjustment to be reinstated for all teachers for such |
23 | plan year shall be replaced with seventy-five percent (75%). |
24 | In determining whether a funding level under this subsection (g)(2) has been achieved, the |
25 | actuary shall calculate the funding percentage after taking into account the reinstatement of any |
26 | current or future benefit adjustment provided under this section. |
27 | (3) Effective for teachers and/or beneficiaries of teachers who retired after June 30, 2012, |
28 | or on or before June 30, 2015, the dollar amount in subsection (g)(1)(B)(II) of twenty-five thousand |
29 | eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and |
30 | twenty-six dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode |
31 | Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated |
32 | by the system’s actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1, |
33 | 2024, the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement |
34 | benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on |
| LC001302 - Page 5 of 12 |
1 | an aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent |
2 | (75%). |
3 | (4) Effective for teachers and/or beneficiaries of teachers who have retired on or before |
4 | July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) |
5 | days following the enactment of the legislation implementing this provision, and a second one-time |
6 | stipend of five hundred dollars ($500) in the same month of the following year. These stipends |
7 | shall be payable to all retired teachers or beneficiaries receiving a benefit as of the applicable |
8 | payment date and shall not be considered cost of living adjustments under the prior provisions of |
9 | this section. |
10 | SECTION 2. Section 36-10-35 of the General Laws in Chapter 36-10 entitled "Retirement |
11 | System — Contributions and Benefits" is hereby amended to read as follows: |
12 | 36-10-35. Additional benefits payable to retired employees. |
13 | (a) All state employees and all beneficiaries of state employees receiving any service |
14 | retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of |
15 | this title on or before December 31, 1967, shall receive a cost of living retirement adjustment equal |
16 | to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, |
17 | for each calendar year the retirement allowance has been in effect. For the purposes of computation, |
18 | credit shall be given for a full calendar year regardless of the effective date of the retirement |
19 | allowance. This cost of living adjustment shall be added to the amount of the retirement allowance |
20 | as of January 1, 1968, and an additional one and one-half percent (1.5%) shall be added to the |
21 | original retirement allowance in each succeeding year during the month of January, and provided |
22 | further, that this additional cost of living increase shall be three percent (3%) for the year beginning |
23 | January 1, 1971, and each year thereafter, through December 31, 1980. Notwithstanding any of the |
24 | above provisions, no employee receiving any service retirement allowance pursuant to the |
25 | provisions of this title on or before December 31, 1967, or the employee’s beneficiary, shall receive |
26 | any additional benefit hereunder in an amount less than two hundred dollars ($200) per year over |
27 | the service retirement allowance where the employee retired prior to January 1, 1958. |
28 | (b) All state employees and all beneficiaries of state employees retired on or after January |
29 | 1, 1968, who are receiving any service retirement or ordinary or accidental disability retirement |
30 | allowance pursuant to the provisions of this title shall, on the first day of January next following |
31 | the third anniversary date of the retirement, receive a cost of living retirement adjustment, in |
32 | addition to their retirement allowance, in an amount equal to three percent (3%) of the original |
33 | retirement allowance. In each succeeding year thereafter through December 31, 1980, during the |
34 | month of January, the retirement allowance shall be increased an additional three percent (3%) of |
| LC001302 - Page 6 of 12 |
1 | the original retirement allowance, not compounded, to be continued during the lifetime of the |
2 | employee or beneficiary. For the purposes of computation, credit shall be given for a full calendar |
3 | year regardless of the effective date of the service retirement allowance. |
4 | (c)(1) Beginning on January 1, 1981, for all state employees and beneficiaries of the state |
5 | employees receiving any service retirement and all state employees, and all beneficiaries of state |
6 | employees, who have completed at least ten (10) years of contributory service on or before July 1, |
7 | 2005, pursuant to the provisions of this chapter, and for all state employees, and all beneficiaries |
8 | of state employees who receive a disability retirement allowance pursuant to §§ 36-10-12 — 36- |
9 | 10-15, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of |
10 | the original retirement allowance or the retirement allowance as computed in accordance with § |
11 | 36-10-35.1, compounded annually from the year for which the cost of living adjustment was |
12 | determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) |
13 | of this section. Such cost of living adjustments are available to members who retire before October |
14 | 1, 2009, or are eligible to retire as of September 30, 2009. |
15 | (2) The provisions of this subsection shall be deemed to apply prospectively only and no |
16 | retroactive payment shall be made. |
17 | (3) The retirement allowance of all state employees and all beneficiaries of state employees |
18 | who have not completed at least ten (10) years of contributory service on or before July 1, 2005, or |
19 | were not eligible to retire as of September 30, 2009, shall, on the month following the third |
20 | anniversary date of retirement, and on the month following the anniversary date of each succeeding |
21 | year be adjusted and computed by multiplying the retirement allowance by three percent (3%) or |
22 | the percentage of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as |
23 | published by the United States Department of Labor Statistics determined as of September 30 of |
24 | the prior calendar year, whichever is less; the cost of living adjustment shall be compounded |
25 | annually from the year for which the cost of living adjustment was determined payable by the |
26 | retirement board; provided, that no adjustment shall cause any retirement allowance to be decreased |
27 | from the retirement allowance provided immediately before such adjustment. |
28 | (d) For state employees not eligible to retire in accordance with this chapter as of |
29 | September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the |
30 | cost of living adjustment described in subsection (c)(3) of this section shall only apply to the first |
31 | thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall |
32 | commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches |
33 | age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase |
34 | annually by the percentage increase in the Consumer Price Index for All Urban Consumers (CPI- |
| LC001302 - Page 7 of 12 |
1 | U) as published by the United States Department of Labor Statistics determined as of September |
2 | 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand |
3 | dollars ($35,000) of retirement allowance, as indexed, shall be multiplied by the percentage of |
4 | increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United |
5 | States Department of Labor Statistics determined as of September 30 of the prior calendar year or |
6 | three percent (3%), whichever is less, on the month following the anniversary date of each |
7 | succeeding year. For state employees eligible to retire as of September 30, 2009, or eligible upon |
8 | passage of this article, and for their beneficiaries, the provisions of this subsection (d) shall not |
9 | apply. |
10 | (e) All legislators and all beneficiaries of legislators who are receiving a retirement |
11 | allowance pursuant to the provisions of § 36-10-9.1 for a period of three (3) or more years, shall, |
12 | commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to a |
13 | retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. |
14 | In each succeeding year thereafter during the month of January, the retirement allowance shall be |
15 | increased an additional three percent (3%) of the original retirement allowance, compounded |
16 | annually, to be continued during the lifetime of the legislator or beneficiary. For the purposes of |
17 | computation, credit shall be given for a full calendar year regardless of the effective date of the |
18 | service retirement allowance. |
19 | (f) The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section. |
20 | (g) This subsection (g) shall be effective for the period July 1, 2012, through June 30, 2015. |
21 | (1) Notwithstanding the prior paragraphs of this section, and subject to subsection (g)(2) |
22 | below, for all present and former employees, active and retired members, and beneficiaries |
23 | receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit |
24 | adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) |
25 | where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) |
26 | (the “subtrahend”) from the Five-Year Average Investment Return of the retirement system |
27 | determined as of the last day of the plan year preceding the calendar year in which the adjustment |
28 | is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent |
29 | (0%), and (B) is equal to the lesser of the member’s retirement allowance or the first twenty-five |
30 | thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) |
31 | amount to be indexed annually in the same percentage as determined under (g)(1)(A) above. The |
32 | “Five-Year Average Investment Return” shall mean the average of the investment returns of the |
33 | most recent five (5) plan years as determined by the retirement board. Subject to subsection (g)(2) |
34 | below, the benefit adjustment provided by this subsection (g)(1) shall commence upon the third |
| LC001302 - Page 8 of 12 |
1 | (3rd) anniversary of the date of retirement or the date on which the retiree reaches their Social |
2 | Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially |
3 | assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted |
4 | either upward or downward in the same amount. |
5 | (2) Except as provided in subsection (g)(3), the benefit adjustments under this section for |
6 | any plan year shall be suspended in their entirety unless the funded ratio of the employees’ |
7 | retirement system of Rhode Island, the judicial retirement benefits trust, and the state police |
8 | retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty |
9 | percent (80%) in which event the benefit adjustment will be reinstated for all members for such |
10 | plan year. |
11 | In determining whether a funding level under this subsection (g)(2) has been achieved, the |
12 | actuary shall calculate the funding percentage after taking into account the reinstatement of any |
13 | current or future benefit adjustment provided under this section. |
14 | (3) Notwithstanding subsection (g)(2), in each fifth plan year commencing after June 30, |
15 | 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five |
16 | plan years, a benefit adjustment shall be calculated and made in accordance with subsection (g)(1) |
17 | above until the funded ratio of the employees’ retirement system of Rhode Island, the judicial |
18 | retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s |
19 | actuary on an aggregate basis, exceeds eighty percent (80%). |
20 | (4) Notwithstanding any other provision of this chapter, the provisions of this subsection |
21 | (g) shall become effective July 1, 2012, and shall apply to any benefit adjustment not granted on or |
22 | prior to June 30, 2012. |
23 | (h) This subsection (h) shall become effective July 1, 2015. |
24 | (1)(A) As soon as administratively reasonable following the enactment into law of this |
25 | subsection (h)(1)(A), a one-time benefit adjustment shall be provided to members and/or |
26 | beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent |
27 | (2%) of the lesser of either the member’s retirement allowance or the first twenty-five thousand |
28 | dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be |
29 | provided without regard to the retiree’s age or number of years since retirement. |
30 | (B) Notwithstanding the prior subsections of this section, for all present and former |
31 | employees, active and retired members, and beneficiaries receiving any retirement, disability or |
32 | death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year |
33 | under this section for adjustments on and after January 1, 2016, and subject to subsection (h)(2) |
34 | below, shall be equal to (I) multiplied by (II): |
| LC001302 - Page 9 of 12 |
1 | (I) shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where: |
2 | (i) is equal to the percentage determined by subtracting five and one-half percent (5.5%) |
3 | (the “subtrahend”) from the five-year average investment return of the retirement system |
4 | determined as of the last day of the plan year preceding the calendar year in which the adjustment |
5 | is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent |
6 | (0%). The “five-year average investment return” shall mean the average of the investment returns |
7 | of the most recent five (5) plan years as determined by the retirement board. In the event the |
8 | retirement board adjusts the actuarially assumed rate of return for the system, either upward or |
9 | downward, the subtrahend shall be adjusted either upward or downward in the same amount. |
10 | (ii) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer |
11 | Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor |
12 | Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i) |
13 | plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%). |
14 | (II) is equal to the lesser of either the member’s retirement allowance or the first twenty- |
15 | five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount |
16 | to be indexed annually in the same percentage as determined under subsection (h)(1)(B)(I) above. |
17 | The benefit adjustments provided by this subsection (h)(1)(B) shall be provided to all |
18 | retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, |
19 | and for all other retirees the benefit adjustments shall commence upon the third anniversary of the |
20 | date of retirement or the date on which the retiree reaches their Social Security retirement age, |
21 | whichever is later. |
22 | (2) Except for members and/or beneficiaries of members who retired on or before June 30, |
23 | 2012, have been retired for more than three (3) full calendar years, the benefit adjustments under |
24 | subsection (h)(1)(B) for any plan year shall be reduced to twenty-five percent (25%) of the benefit |
25 | adjustment unless the funded ratio of the employees’ retirement system of Rhode Island, the judicial |
26 | retirement benefits trust, and the state police retirement benefits trust, calculated by the system’s |
27 | actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment |
28 | will be reinstated for all members for such plan year. Effective July 1, 2024, the funded ratio of the |
29 | employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state |
30 | police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, of |
31 | exceeding eighty percent (80%) for the benefit adjustment to be reinstated for all members for such |
32 | plan year shall be replaced with seventy-five percent (75%). |
33 | In determining whether a funding level under this subsection (h)(2) has been achieved, the |
34 | actuary shall calculate the funding percentage after taking into account the reinstatement of any |
| LC001302 - Page 10 of 12 |
1 | current or future benefit adjustment provided under this section. |
2 | (3) Effective for members and/or beneficiaries of members who retired after June 30, 2012, |
3 | or on or before June 30, 2015, the dollar amount in subsection (h)(1)(B)(II) of twenty-five thousand |
4 | eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and |
5 | twenty-six dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode |
6 | Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated |
7 | by the system’s actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1, |
8 | 2024, the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement |
9 | benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on |
10 | an aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent |
11 | (75%). |
12 | (i) Effective for members and/or beneficiaries of members who have retired on or before |
13 | July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) |
14 | days following the enactment of the legislation implementing this provision, and a second one-time |
15 | stipend of five hundred dollars ($500) in the same month of the following year. These stipends |
16 | shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable |
17 | payment date and shall not be considered cost of living adjustments under the prior provisions of |
18 | this section. |
19 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- TEACHERS' AND STATE | |
EMPLOYEES RETIREMENT | |
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1 | This act would exempt teachers and state employees who have been retired for more than |
2 | three (3) full calendar years, from having their retirement benefit adjustment reduced based upon |
3 | the funded ratio of the employees' retirement system of Rhode Island. |
4 | This act would take effect upon passage. |
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