2025 -- H 5999

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LC002003

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE

     Introduced By: Representatives Noret, Casimiro, Casey, Corvese, Finkelman, Serpa,
Fellela, Shanley, Solomon, and Chippendale

     Date Introduced: February 28, 2025

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-28-22 of the General Laws in Chapter 42-28 entitled "State

Police" is hereby amended to read as follows:

     42-28-22. Retirement of members.

     (a) Whenever any member of the state police hired prior to July 1, 2007, has served for

twenty (20) years, the member may retire therefrom or they may be retired by the superintendent

with the approval of the governor, and in either event a sum equal to one-half (½) of the whole

salary for the position from which the member retired determined on the date the member receives

their first retirement payment shall be paid the member during life.

     (b) For purposes of this section, the term “whole salary” means:

     (1) For each member who retired prior to July 1, 1966, “whole salary” means the base

salary for the position from which the member retired as the base salary for that position was

determined on July 31, 1972;

     (2) For each member who retired between July 1, 1966, and June 30, 1973, “whole salary”

means the base salary for the position from which the member retired as the base salary,

implemented by the longevity increment, for that position was determined on July 31, 1972, or on

the date of the member’s retirement, whichever is greater;

     (3) For each member who retired or who retires after July 1, 1973, “whole salary” means

the base salary, implemented by the longevity increment, holiday pay, and clothing allowance, for

the position from which the member retired or retires.

     (c)(1) Any member who retired prior to July 1, 1977, shall receive a benefits payment

adjustment equal to three percent (3%) of the member’s original retirement, as determined in

subsection (b) of this section, in addition to the member’s original retirement allowance. In each

succeeding year thereafter during the month of January, the retirement allowance shall be increased

an additional three percent (3%) of the original retirement allowance, not compounded, to be

continued until January 1, 1991. For the purposes of the computation, credit shall be given for a

full calendar year regardless of the effective date of the service retirement allowance. For purposes

of this subsection, the benefits payment adjustment shall be computed from January 1, 1971, or the

date of retirement, whichever is later in time.

     (2) Any member of the state police who retires pursuant to the provisions of this chapter

on or after January 1, 1977, shall on the first day of January, next following the third anniversary

date of the retirement receive a benefits payment adjustment, in addition to their retirement

allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each

succeeding year thereafter during the month of January, the retirement allowance shall be increased

an additional three percent (3%) of the original retirement allowance, not compounded, to be

continued until January 1, 1991. For the purposes of the computation, credit shall be given for a

full calendar year regardless of the effective date of the service retirement allowance.

     (3) Any retired member of the state police who is receiving a benefit payment adjustment

pursuant to subdivisions (1) and (2) of this section shall beginning January 1, 1991, and ending

June 30, 2012, receive a benefits payment adjustment equal to fifteen hundred dollars ($1,500). In

each succeeding year thereafter, during the month of January, the retirement allowance shall be

increased by one thousand five hundred dollars ($1,500), to be contributed during the lifetime of

the member.

     (d) The benefits payment adjustment as provided in this section shall apply to and be in

addition to the retirement benefits under the provisions of § 42-28-5, and to the injury and death

benefits under the provisions of § 42-28-21.

     (e)(1) Any member who retires after July 1, 1972, and is eligible to retire prior to July 1,

2012, and who has served beyond twenty (20) years shall be allowed an additional amount equal

to three percent (3%) for each completed year served after twenty (20) years, but in no event shall

the original retirement allowance exceed sixty-five percent (65%) of the member’s whole salary as

defined in subsection (b) hereof or sixty-five percent (65%) of the member’s salary as defined in

subsection (b) hereof in the member’s twenty-fifth (25th) year whichever is less.

     (2) Each member who retired prior to July 1, 1975, shall be entitled to all retirement

benefits as set forth above or shall be paid benefits as set forth in subdivision (b)(1) with “whole

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salary” meaning the base salary for the position from which the member retired as the base salary

for the position was determined on July 1, 1975, whichever is greater.

     (f)(1) Any member who retires, has served as a member for twenty (20) years or more, and

who served for a period of six (6) months or more of active duty in the armed service of the United

States or in the merchant marine service of the United States as defined in § 2 of chapter 1721 of

the Public Laws, 1946, may purchase credit for such service up to a maximum of two (2) years;

provided that any member who has served at least six (6) months or more in any one year shall be

allowed to purchase one year for such service and any member who has served a fraction of less

than six (6) months in the member’s total service shall be allowed to purchase six (6) months’ credit

for such service.

     (2) The cost to purchase these credits shall be ten percent (10%) of the member’s first year

salary as a state policeman multiplied by the number of years and/or fraction thereof of such armed

service up to a maximum of two (2) years. The purchase price shall be paid into the general fund.

For members hired on or after July 1, 1989, the purchase price shall be paid into a restricted revenue

account entitled “state police retirement benefits” and shall be held in trust.

     (3) There will be no interest charge provided the member makes such purchase during their

twentieth (20th) year or within five (5) years from May 18, 1981, whichever is later, but will be

charged regular rate of interest as defined in § 36-8-1 as amended to date of purchase from the date

of the member’s twentieth (20th) year of state service or five (5) years from May 18, 1981,

whichever is later.

     (4) Any member who is granted a leave of absence without pay for illness, injury, or any

other reason may receive credit therefor by making the full actuarial cost as defined in § 36-8-

1(10); provided the employee returns to state service for at least one year upon completion of the

leave.

     (5) In no event shall the original retirement allowance exceed sixty-five percent (65%) of

the member’s whole salary as defined in subsection (b) hereof or sixty-five percent (65%) of the

member’s salary as defined in subsection (b) hereof in the member’s twenty-fifth (25th) year,

whichever is less.

     (6) Notwithstanding any other provision of law, no more than five (5) years of service

credit may be purchased by a member of the system. The five (5) year limit shall not apply to any

purchases made prior to January 1, 1995. A member who has purchased more than five (5) years

of service credits before January 1, 1995, shall be permitted to apply those purchases towards the

member’s service retirement. However, no further purchase will be permitted. Repayment in

accordance with applicable law and regulation of any contribution previously withdrawn from the

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system shall not be deemed a purchase of service credit.

     (g) The provisions of this section shall not apply to civilian employees in the Rhode Island

state police; and, further, from and after April 28, 1937, chapters 8 — 10, inclusive, of title 36 shall

not be construed to apply to the members of the Rhode Island state police, except as provided by

§§ 36-8-3, 36-10-1.1, 42-28-22.1, and 42-28-22.2, and § 36-8-1(5) and (8)(a) effective July 1, 2012.

     (h) Any member of the state police other than the superintendent of state police, who is

hired prior to July 1, 2007, and who has served for twenty-five (25) years or who has attained the

age of sixty-two (62) years, whichever shall first occur, shall retire therefrom.

     (i)(1) Any member of the state police, other than the superintendent, who is hired on or

after July 1, 2007, and who has served for twenty-five (25) years, may retire therefrom or the

member may be retired by the superintendent with the approval of the governor, and shall be

entitled to a retirement allowance of fifty percent (50%) of the member’s “whole salary” as defined

in subsection (b) hereof.

     (2) Any member of the state police who is hired on or after July 1, 2007, may serve up to

a maximum of thirty (30) years, and shall be allowed an additional amount equal to three percent

(3.0%) for each completed year served after twenty-five (25) years, but in no event shall the original

retirement allowance exceed sixty-five percent (65%) of his or her “whole salary” as defined in

subsection (b) hereof.

     (j) Effective July 1, 2012, any other provision of this section notwithstanding:

     (1) Any member of the state police, other than the superintendent of state police, who is

not eligible to retire on or prior to June 30, 2012, may retire at any time subsequent to the date the

member’s retirement allowance equals or exceeds fifty percent (50%) of average compensation as

defined in § 36-8-1(5)(a), provided that a member shall retire upon the first to occur of:

     (i) The date the member’s retirement allowance equals sixty-five percent (65%); or

     (ii) The later of the attainment of age sixty-two (62) or completion of five (5) years of

service; provided however, any current member as of June 30, 2012, who has not accrued fifty

percent (50%) upon attaining the age of sixty-two (62) shall retire upon accruing fifty percent

(50%); and upon retirement a member shall receive a retirement allowance which shall equal:

     (A) For members hired prior to July 1, 2007, the sum of (i), (ii), and (iii) where:

     (i) is calculated as the member’s years of total service before July 1, 2012, multiplied by

two and one-half percent (2.5%) of average compensation for a member’s first twenty (20) total

years,

     (ii) is calculated as the member’s years of total service before July 1, 2012, in excess of

twenty (20) years not to exceed twenty-five (25) years multiplied by three percent (3%) of average

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compensation, and

     (iii) is the member’s years of total service on or after July 1, 2012, multiplied by two

percent (2%) of average compensation as defined in § 36-8-1(5)(a).

     (B) For members hired on or after July 1, 2007, the member’s retirement allowance shall

be calculated as the member’s years of total contributory service multiplied by two percent (2%)

of average compensation.

     (C)(1) Any member of the state police who is eligible to retire on or prior to June 30, 2012,

shall retire with a retirement allowance calculated in accordance with paragraph (a) and (e) above

except that whole salary shall be defined as final compensation where compensation for purposes

of this section and § 42-28-22.1 includes base salary, longevity, and holiday pay.

     (D)(2) Notwithstanding the preceding provisions, in no event shall a member’s final

compensation be lower than their final compensation determined as of June 30, 2012.

     (3) Any member of the state police who was not eligible to retire as of June 30, 2012, but

who was hired prior to July 1, 2007, shall retire with retirement allowance calculated in accordance

with paragraphs (a) and (e)(1) above, except that whole salary shall be defined as the average of

the member’s final year of base salary, implemented by the longevity increment, holiday pay, and

clothing allowance.

     (4) Any member of the state police who was hired on or after July 1, 2007, shall retire with

a retirement allowance calculated in accordance with paragraph (i)(1) and (i)(2) above except that

the whole salary shall be defined as the average of the member’s final year of base salary,

implemented by the longevity increment, holiday pay, and clothing allowance.

     (2)(5) In no event shall a member’s original retirement allowance under any provisions of

this section exceed sixty-five percent (65%) of their average compensation whole salary.

     (6) For each member who retires, whole salary shall include overtime pay to the extent

provided in the collective bargaining agreement in place at the time of the member’s retirement.

     (3) For each member who retires on or after July 1, 2012, except as provided in paragraph

(j)(1)(C) above, compensation and average compensation shall be defined in accordance with § 36-

8-1(5)(a) and (8), provided that for a member whose regular work period exceeds one hundred

forty-seven (147) hours over a twenty-four-day (24) period at any time during the four-year (4)

period immediately prior to the member’s retirement, that member shall have up to four hundred

(400) hours of their pay for regularly scheduled work earned during this period shall be included

as “compensation” and/or “average compensation” for purposes of this section and § 42-28-22.1.

     (4)(7) This subsection (4)(7) shall be effective for the period July 1, 2012, through June

30, 2015.

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     (i) Notwithstanding the prior paragraphs of this section, and subject to paragraph (4)(7)(ii)

below, for all present and former members, active and retired members, and beneficiaries receiving

any retirement, disability or death allowance or benefit of any kind, whether for or on behalf of a

non-contributory member or contributory member, the annual benefit adjustment provided in any

calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the

percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the

Five-Year Average Investment Return of the retirement system determined as of the last day of the

plan year preceding the calendar year in which the adjustment is granted, said percentage not to

exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser

of the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of

retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually

in the same percentage as determined under (4)(7)(i)(A) above. The “Five-Year Average

Investment Return” shall mean the average of the investment returns for the most recent five (5)

plan years as determined by the retirement board. Subject to paragraph (4)(7)(ii) below, the benefit

adjustment provided by this paragraph shall commence upon the third (3rd) anniversary of the date

of retirement or the date on which the retiree reaches age fifty-five (55), whichever is later. In the

event the retirement board adjusts the actuarially assumed rate of return for the system, either

upward or downward, the subtrahend shall be adjusted either upward or downward in the same

amount.

     (ii) Except as provided in paragraph (4)(7)(iii), the benefit adjustments under this section

for any plan year shall be suspended in their entirety unless the funded ratio of the employees’

retirement system of Rhode Island, the judicial retirement benefits trust, and the state police

retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty

percent (80%) in which event the benefit adjustment will be reinstated for all members for such

plan year.

     In determining whether a funding level under this paragraph (4)(7)(ii) has been achieved,

the actuary shall calculate the funding percentage after taking into account the reinstatement of any

current or future benefit adjustment provided under this section.

     (iii) Notwithstanding paragraph (4)(7)(ii), in each fifth plan year commencing after June

30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of

five (5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph

(4)(7)(i) above until the funded ratio of the employees’ retirement system of Rhode Island, the

judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the

system’s actuary on an aggregate basis, exceeds eighty percent (80%).

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     (iv) The provisions of this paragraph (j)(4)(7) shall become effective July 1, 2012, and shall

apply to any benefit adjustment not granted on or prior to June 30, 2012.

     (v) The cost-of-living adjustment as provided in this paragraph (j)(4)(7) shall apply to and

be in addition to the retirement benefits under the provisions of § 42-28-5 and to the injury and

death benefits under the provisions of § 42-28-21.

     (5)(8) This subsection (5)(8) shall become effective for the period July 1, 2015 through

June 30, 2025.

     (i)(A) As soon as administratively reasonable following the enactment into law of this

paragraph (5)(8)(i)(A), a one-time benefit adjustment shall be provided to members and/or

beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent

(2%) of the lesser of either the member’s retirement allowance or the first twenty-five thousand

dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be

provided without regard to the retiree’s age or number of years since retirement.

     (B) Notwithstanding the prior subsections of this section, for all present and former

members, active and retired members, and beneficiaries receiving any retirement, disability or

death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year

under this section for adjustments on and after January 1, 2016, and subject to subsection (5)(8)(ii)

below, shall be equal to (I) multiplied by (II):

     (I) shall equal the sum of fifty percent (50%) of (1) plus fifty percent (50%) of (2) where:

     (1) is equal to the percentage determined by subtracting five and one-half percent (5.5%)

(the “subtrahend”) from the five-year average investment return of the retirement system

determined as of the last day of the plan year preceding the calendar year in which the adjustment

is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

(0%). The “five-year average investment return” shall mean the average of the investment returns

of the most recent five (5) plan years as determined by the retirement board. In the event the

retirement board adjusts the actuarially assumed rate of return for the system, either upward or

downward, the subtrahend shall be adjusted either upward or downward in the same amount.

     (2) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer

Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor

Statistics determined as of September 30 of the prior calendar year.

     In no event shall the sum of (1) plus (2) exceed three and one-half percent (3.5%) or be

less than zero percent (0%).

     (II) is equal to the lesser of either the member’s retirement allowance or the first twenty-

five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount

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to be indexed annually in the same percentage as determined under subsection (5)(8)(i)(B)(I) above.

The benefit adjustments provided by this subsection (5)(8)(i)(B) shall be provided to all retirees

entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all

other retirees the benefit adjustments shall commence upon the third anniversary of the date of

retirement or the date on which the retiree reaches their Social Security retirement age, whichever

is later.

     (ii) Except as provided in subsection (5)(8)(iii), the benefit adjustments under subsection

(5)(8)(i)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the

employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state

police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds

eighty percent (80%) in which event the benefit adjustment will be reinstated for all members for

such plan year. Effective July 1, 2024, the funded ratio of the employees’ retirement system of

Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust,

calculated by the system’s actuary on an aggregate basis, of exceeding eighty percent (80%) for the

benefit adjustment to be reinstated for all members for such plan year shall be replaced with

seventy-five percent (75%).

     In determining whether a funding level under this subsection (5)(8)(ii) has been achieved,

the actuary shall calculate the funding percentage after taking into account the reinstatement of any

current or future benefit adjustment provided under this section.

     (iii) Notwithstanding subsection (5)(8)(ii), in each fourth plan year commencing after June

30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of

four plan years: (i) A benefit adjustment shall be calculated and made in accordance with paragraph

(5)(8)(i)(B) above; and (ii) Effective for members and/or beneficiaries of members who retired on

or before June 30, 2015, the dollar amount in subsection (5)(7)(i)(B)(II) of twenty-five thousand

eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and

twenty-six dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode

Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated

by the system’s actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1,

2024, the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement

benefits trust, and the state police retirement benefits trust, calculated by the system’s actuary on

an aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent

(75%).

     (iv) Effective for members and/or beneficiaries of members who have retired on or before

July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60)

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days following the enactment of the legislation implementing this provision, and a second one-time

stipend of five hundred dollars ($500) in the same month of the following year. These stipends

shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable

payment date and shall not be considered cost of living adjustments under the prior provisions of

this section.

     (9) This subsection (9) shall become effective July 1, 2025.

     (i) Notwithstanding the prior paragraphs of this section, for all present and former

members, active and retired members, and beneficiaries receiving any retirement, disability or

death allowance or benefit of any kind, whether for or on behalf of a non-contributory member or

contributory member, the annual benefit adjustment provided in each calendar year shall be equal

to one thousand five hundred dollars ($1,500). In each succeeding year, during the month of

January, the retirement allowance shall be increased by one thousand five hundred dollars ($1,500),

to be continued during the lifetime of the member.

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

at least five (5) years of contributory service but who has not retired in accordance with (j)(1) above,

shall be eligible to retire upon the attainment of member’s Social Security retirement age as defined

in § 36-8-1(20).

     (7)(11) In no event shall a member’s retirement allowance be less than the member’s

retirement allowance calculated as of June 30, 2012, based on the member’s years of total service

and whole salary as of June 30, 2012.

     (k) In calculating the retirement benefit for any member, the term base salary as used in

subdivision (b)(3) and or average compensation as used in paragraph (j) shall not be affected by a

deferral of salary plan or a reduced salary plan implemented to avoid shutdowns or layoffs or to

effect cost savings. Basic salary shall remain for retirement calculation that which it would have

been but for the salary deferral or salary reduction due to a plan implemented to avoid shutdowns

or layoffs or to effect cost savings.

     (l) Notwithstanding the provisions of subsection (h) of this section, any member who was

sworn into service with the Rhode Island state police during the year 1997, shall not be required to

retire before September 1, 2026. Any member who elects to work beyond their twenty-fifth year,

pursuant to the provisions of this subsection, shall continue to make retirement contributions in

accordance with § 42-28-22.1.

     (m) Notwithstanding the provisions of subsection (h) of this section, any member who was

sworn into service with the Rhode Island state police during the year 2000, shall not be required to

retire before July 1, 2028. Any member who elects to work beyond their twenty-fifth year, pursuant

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to the provisions of this subsection, shall continue to make retirement contributions in accordance

with § 42-28-22.1.

     (n) Notwithstanding the provisions of subsection (h) of this section, any member who was

sworn into service with the Rhode Island state police during the year 2005, shall not be required to

retire before December 21, 2030. Any member who elects to work beyond their twenty-fifth year,

pursuant to the provisions of this subsection, shall continue to make retirement contributions in

accordance with § 42-28-22.1.

     (o) To extent that any members received retirement benefits that were less than those

provided for herein, as a consequence of prior legislative changes, they shall be entitled to receive

benefits prospectively as provided herein.

     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 STATE AFFAIRS AND GOVERNMENT -- STATE POLICE

***

     This act would amend the pension benefits for both current and former Rhode Island state

police members, and would extend the time period a member may serve in the Rhode Island state

police.

     This act would take effect upon passage.

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