It is enacted by the General Assembly as follows:
SECTION 1. Section 16-16-1 of the General Laws in Chapter 16-16 entitled "Teachers' Retirement" is hereby amended to read as follows:
16-16-1. Definitions. -- The following words and phrases used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Retirement system" and "system" shall mean the employees' retirement system of the state of Rhode Island created by chapter 8 of title 36, and "retirement board" shall mean the board established under that chapter.
(2) "Teacher" shall mean a person required to hold a certificate
of qualification issued by or under the authority of the board of
regents for elementary and secondary education and who is engaged in
teaching as his or her principal occupation and is regularly employed
as a teacher in the public schools of any city or town in the state, or
any formalized, commissioner approved, cooperative service arrangement.
The term shall include a person employed as a teacher, supervisor,
principal, assistant principal, superintendent, or assistant
superintendent of schools, director, assistant director, co-ordinator,
consultant, dean, assistant dean, educational administrator, nurse
teacher, and attendance officer or any person who has worked in the
field of education or is working in the field of education that holds a
teaching or administrative certificate and any substitute teacher who
serves during a school year at least three-quarters (3/4) of the number
of days that the public schools are required by law to be in session
during the year. In determining the number of days served by a
substitute teacher the total number of days served in any public school
of any city or town in the state may be combined for any one school
year. The term shall also include a school business administrator
whether or not the administrator holds a teaching or administrative
certificate, and shall also include occupational therapists and
physical therapists licensed by the Department of Health, and employed
prior to (July 1, 1995) by a school committee in the state, or by
any formalized, commissioner approved, cooperative service arrangement.
Except that occupational therapists and physical therapists defined
herein who are members of a municipal retirement system may elect
within six (6) months of passage of this act to transfer their service
credits, assets and contributions to the Rhode Island State Employees
Retirement System.
(3) "Teaching" shall include teaching, supervising, and superintending or assistant superintending of schools.
(4) "Service" shall mean service as a teacher as described in subdivision (2) of this section. Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or assistant superintendent shall be combined in computing periods of service and employment.
(5) "Prior service" shall mean service as a teacher rendered prior to the first day of July, 1949, certified on his or her prior service certificate and allowable as prior service under the provisions of this chapter.
(6) "Total service" shall mean prior service as defined in subdivision (5) of this section, plus service rendered as a member of the system on or after the first day of July, 1949.
(7) "Member" shall mean any person included in the membership of the retirement system under the provisions of this chapter.
(8) "Beneficiary" shall mean any person in receipt of annuity, benefit, or retirement allowance from the retirement system as provided in this chapter.
(9) "Retired teacher" shall mean any teacher who shall have retired prior to July 1, 1949, pursuant to the provisions of chapter 195 of the general laws of 1938, as amended, and who on June 30, 1949, was in receipt of a pension under the provisions of that chapter.
(10) The term "salary" or "compensation" shall include any and all salary paid for teaching services regardless of whether any part of the salary or compensation is derived from any state or federal grant or appropriation for teachers' salaries, as the term is defined in section 36-8-1(11).
(11) Except as otherwise provided in this section, the words and phrases used in this chapter shall, so far as applicable, have the same meanings as they have in chapters 8 to 10, inclusive, of title 36.
(12) The masculine pronoun wherever used shall include the feminine pronoun also.
(13) "Spouse" shall mean the surviving person who was married to a deceased member, but only if the surviving person meets one of the following conditions:
(a) Was married to the deceased member for not less than one year immediately prior to the date on which the member died;
(b) Is the mother or father of the deceased member's child(ren);
(c) Legally adopted the deceased member's child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or
(d) Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.
(14) "Child" as used herein shall include a stepchild of a deceased member who has been a stepchild for at least one year immediately preceding the date on which the member died or an adopted child of a deceased member without regard to the length of time the child has been adopted.
(15) "Former spouse divorced" shall mean a person divorced from a deceased member, but only if the person meets one of the following conditions:
(a) Is the mother or father of the deceased member's child(ren);
(b) Legally adopted the deceased member's child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or
(c) Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years.
SECTION 2. This act shall take effect upon passage.
