2025 -- H 5525

========

LC001302

========

     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,
Caldwell, Azzinaro, Potter, and Corvese

     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.

========

LC001302

========

 

LC001302 - Page 11 of 12

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- TEACHERS' AND STATE

EMPLOYEES RETIREMENT

***

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.

========

LC001302

========

 

LC001302 - Page 12 of 12