2026 -- H 7656 | |
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LC004646 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RHODE ISLAND PUBLIC | |
EMPLOYEE PENSION REVOCATION AND REDUCTION ACT | |
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Introduced By: Representatives McEntee, Caldwell, Read, Spears, McNamara, Bennett, | |
Date Introduced: February 11, 2026 | |
Referred To: House Judiciary | |
(General Treasurer) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 36-10.1-2 of the General Laws in Chapter 36-10.1 entitled "Rhode |
2 | Island Public Employee Pension Revocation and Reduction Act" is hereby amended to read as |
3 | follows: |
4 | 36-10.1-2. Definitions. |
5 | (a) “Crime related to public office or public employment” shall mean any of the following |
6 | criminal offenses: |
7 | (1) The committing, aiding, or abetting of an embezzlement of public funds; |
8 | (2) The committing, aiding, or abetting of any felonious theft by a public officer or |
9 | employee from his or her employer; |
10 | (3) Bribery in connection with employment of a public officer or employee; and |
11 | (4) The committing of any felony by a public officer or employee who, willfully and with |
12 | the intent to defraud the public or the public agency for which the public officer or employee acts, |
13 | or in which they are employed, of the right to receive the faithful performance of their duty as a |
14 | public officer or employee, realizes or obtains, or attempts to realize or obtain, a monetary or |
15 | nonmonetary profit, gain, or advantage for himself or herself or for some other person through the |
16 | use or attempted use of the power, rights, privileges, duties, or position of his or her public office |
17 | or employment position; or |
18 | (5) The committing on or after July 1, 2026, of any felony under chapter 37 of title 11 by |
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1 | a public officer or employee through the use or attempted use of power, rights, privileges, duties, |
2 | or position of their public office or employment position. |
3 | (b) “Public official” or “public employee” shall mean any current or former state or |
4 | municipal elected official as defined in § 36-14-2(10), state or municipal appointed official as |
5 | defined in § 36-14-2(4), and any employee of state or local government, of boards, commissions |
6 | or agencies as defined in § 36-14-2(8)(i), (ii), who is otherwise entitled to receive or who is |
7 | receiving retirement benefits under this title, under title 16, under title 45, under title 8, under |
8 | chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42, whether that |
9 | person is acting on a permanent or temporary basis and whether or not compensated on a full-time |
10 | or part-time basis. For the purposes of this chapter, all these persons are deemed to be engaged in |
11 | public employment. |
12 | (c) As used in this chapter, the phrase “pleads guilty or nolo contendere” shall not include |
13 | any plea of nolo contendere which does not constitute a conviction by virtue of § 12-10-12 or 12- |
14 | 18-3. |
15 | (d) For purposes of this chapter, “domestic partner” shall be defined as a person who, prior |
16 | to the decedent’s death, was in an exclusive, intimate and committed relationship with the decedent, |
17 | and who certifies by affidavit that their relationship met the following qualifications: |
18 | (1) Both partners were at least eighteen (18) years of age and were mentally competent to |
19 | contract; |
20 | (2) Neither partner was married to anyone else; |
21 | (3) Partners were not related by blood to a degree which would prohibit marriage in the |
22 | state of Rhode Island; |
23 | (4) Partners resided together and had resided together for at least one year at the time of |
24 | death; and |
25 | (5) Partners were financially interdependent as evidenced by at least two (2) of the |
26 | following: |
27 | (i) Domestic partnership agreement or relationship contract; |
28 | (ii) Joint mortgage or joint ownership of primary residence; |
29 | (iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint |
30 | credit account; (D) joint lease; and/or |
31 | (iv) The domestic partner had been designated as a beneficiary for the decedent’s will, |
32 | retirement contract or life insurance. |
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1 | 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 PUBLIC OFFICERS AND EMPLOYEES -- RHODE ISLAND PUBLIC | |
EMPLOYEE PENSION REVOCATION AND REDUCTION ACT | |
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1 | This act would authorize the state retirement board to revoke or reduce an individual’s |
2 | pension benefit if that individual is convicted or pleads guilty or no contest to a felony sex crime |
3 | related to their public office or public employment. |
4 | This act would take effect upon passage. |
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