Introduced By: Representatives Voccola and Russo
Date Introduced : March 4, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 45-21-8 of the General Laws in Chapter 45-21 entitled "Retirement of Municipal Employees" is hereby amended to read as follows:
45-21-8. Membership in system. -- Membership in the retirement system shall begin not earlier than the effective date of participation in the system as provided in section 45-21-4, and shall consist of the following:
(a) Any employee of a participating municipality as defined in this chapter, who becomes an employee on and after the effective date of participation, shall, under contract of his or her employment, become a member of the retirement system, provided the employee shall not be receiving any pension or retirement allowance from any other pension or retirement system supported wholly or in part by a participating municipality, and shall not be a contributor to any other pension or retirement system of a participating municipality. Any employee who shall be elected to an office in the service of a municipality after the effective date, shall have the option of becoming a member of the system, which option must be exercised within sixty (60) days following the date the employee shall assume the duties of his or her office, otherwise that person shall not be entitled to participate under the provisions hereof;
(b) Any employee or elected official of a participating municipality in service prior to the effective date of participation, who is not a member of any other pension or retirement system supported wholly or in part by a participating municipality, and who does not notify the retirement board in writing before the expiration of sixty (60) days from the effective date of participation that he or she does not wish to join the system, shall automatically become a member; and
(c) Any employee of a participating municipality in service prior to the effective date of participation, who is a member of any other pension or retirement system supported wholly or in part by a participating municipality on the effective date of participation of their municipality, who shall then or thereafter make written application to join this system, and shall therein waive and renounce all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a participating municipality, shall become a member of this retirement system and shall not be required to make contribution under any other pension or retirement system of a participating municipality, any thing to the contrary notwithstanding.
{ADD (d) Notwithstanding the provisions of this section, present firefighters employed by the town of Johnston shall establish a pension plan separate from the state of Rhode Island retirement system. If the town of Johnston is thirty (30) days or more late on employer or employee contributions to the pension plan, the auditor general is hereby authorized to redirect any Johnston funds to cover the shortfall or to deduct that amount from any moneys due the town from the state for any purpose other than for education. Disability determinations of present firefighters shall be made by the state retirement board, subject to the provisions of section 45-21-19 at the town of Johnston's expense. All new firefighters hired by the town of Johnston shall become members of the state retirement system. ADD}
SECTION 2. This act shall take effect upon passage.
