CHAPTER 374

96-H 7225A

Effective Without the Governor's Signature

Aug. 9, 1996.

AN ACT RELATING TO TOWNS AND CITIES -- OPTIONAL RETIREMENT FOR MEMBERS OF POLICE FORCE AND FIREFIGHTERS

It is enacted by the General Assembly as follows:

SECTION 1. Sections 45-21.2-5 and 45-21.2-14 of the General Laws in Chapter 45-21.2 entitled "Optional Retirement for Members of Police Force and Firefighters" are hereby amended as follows:

45-21.2-5. Retirement on service allowance. -- Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:

(a) Any member who has attained or shall attain age seventy (70) shall be retired as set forth in section 45-21-16 subject to the discretions therein contained. Provided, however, that any member who is a member of the Woonsocket fire department who has attained or shall attain an age of sixty-five (65) years shall be retired. Retirement shall occur on the first day of the calendar month next succeeding that in which the member shall have attained the age of sixty-five (65) years.

(b) Any member may retire pursuant to this subdivision upon the member's written application to the board setting forth at what time the member desires to be retired, provided, that the member at the time so specified for the member's retirement shall have attained an age of fifty-five (55) years and shall have completed at least ten (10) years of total service, and notwithstanding that the member may have separated from service.

(c) Any member may retire pursuant to this subsection upon the member's written application to the board setting forth at what time the member desires to be retired, provided, that the member at the time so specified for the member's retirement shall have completed at least twenty-five (25) years of total service, and notwithstanding that the member may have separated from service.

(d) Any member may retire pursuant to this subdivision upon the member's written application to the board setting forth at what time the member desires to be retired, provided that the member at the time so specified for the member's retirement shall have attained an age of fifty (50) years and shall have completed at least twenty (20) years of total service, notwithstanding that the member may have separated from service; provided, however, that the service retirement allowance, as determined according to the formula provided in section 45-21.2-6, shall be reduced one-half of one per cent (1/2%) for each month that the age of the member is less than fifty-five (55) years.

(e) Any member of the South Kingstown police department may retire pursuant to this subdivision upon the member's written application to the board setting forth at what time the member desires to be retired, provided that the member at the time so specified for the member's retirement shall have earned a service retirement allowance of fifty percent (50%) of final compensation pursuant to section 45-21.2-6.1.

(f) Any member of the Johnston police department may retire pursuant to this subdivision upon the member's written application to the board setting forth at what time the member desires to be retired, provided that the member at the time so specified for the member's retirement shall have earned a service retirement allowance of fifty percent (50%) of final compensation pursuant to section 45-21.2-6.2.

{ADD (g) Any member of the Cranston Fire Department hired after July 1, 1995, or any member of the Cranston Fire Department with five (5) years or less or service effective July 1, 1995, may retire pursuant to this subdivision upon the member's written application to the board setting forth at what time the member desires to be retired, provided that the member at the time so specified for the member's retirement shall have earned a service retirement allowance of fifty percent (50%) of final compensation, to wit, for at least twenty (20) years service; final compensation for Cranston Fire Department members will be based on the compensation components of weekly salary, longevity and holidays with longevity of the members highest year of earnings and members shall receive a three percent (3%) escalation of said pension payment compounded each year on January 1st following the year of retirement and continuing on an annual basis on said date; further, any illness or injury not covered in title 45 of the general laws of Rhode Island relating to the presumption of disability shall be governed by the Collective Bargaining Agreement between the City of Cranston and members of the Cranston Fire Department.

(h) Any member of the Cranston Police Department hired after July 1, 1995, or any member of the Cranston Police Department with five (5) years or less of service effective July 1, 1995, may retire pursuant to this subdivision upon the member's written application to the board setting forth at what time the member desires to be retired, provided that the member at the time so specified for the member's retirement shall have earned a service retirement allowance of fifty percent (50%) of final compensation, to wit, for at least twenty (20) years service; final compensation for Cranston Police department members will be based on the compensation components of weekly salary, longevity and holidays with longevity of the members highest year of earnings and members shall receive a three percent (3%) escalation of said pension payment compounded each year on January 1st following the year of retirement and continuing on an annual basis on said date; further, any illness or injury not covered in title 45 of the general laws of Rhode Island relating to the Presumption of Disability shall be governed by the Collective Bargaining Agreement between the City of Cranston and members of the Cranston Police Department. ADD}

45-21.2-14. Contributions. -- (a) Each member shall contribute an amount equal to seven percent (7%) of the salary or compensation earned or accruing to the member. Special compensation or additional fees shall not be considered as compensation for contribution purposes.

(b) Deductions shall be made in accordance with section 45-21-14 and shall be credited in accordance with section 45-21-43.

(c) Each municipality shall make contributions to the system to provide the remainder of the obligation for retirement allowances, annuities, and other benefits herein provided, after applying the accumulated contribution of members, interest income on investments, and other accrued income. The contributions shall be compiled in accordance with sections 45-21-42 through 45-21-44, except that contributions for the first five (5) years of the system shall likewise be determined by the board.

(d) Provided, however, that members of the South Kingstown police department shall, beginning July 1, 1985, contribute an amount equal to eight (8) percent of salary or compensation or additional fees shall not be considered as compensation for retirement purposes.

{ADD (e) Further, provided, however, that members of the City of Cranston Fire Department hired after July 1, 1995 shall, beginning July 1, 1995, contribute an amount equal to ten percent (10%) percent of their weekly salary; and those members of the City of Cranston Fire Department with five (5) years or less of service effective July 1, 1995, shall have the option to either remain in the City of Cranston Pension Plan to which they hitherto belonged prior to the adoption of local ordinance by the "local legislative body", to wit, the Cranston City Council as set forth in section 45-21.2-22 or contribute to the State of Rhode Island optional twenty (20) year retirement on service allowance an amount equal to ten percent (10%) of their weekly salary commencing July 1, 1995.

(f) Further, provided, however, that members of the City of Cranston Police Department hired after July 1, 1995 shall, beginning July 1, 1995, contribute an amount equal to ten percent (10%) of their weekly salary; and those members of the City of Cranston Police Department with five (5) years or less of service effective July 1, 1995, shall have the option to either remain in the City of Cranston Pension Plan to which they hitherto belonged prior to the adoption of local ordinance by the "local legislative body," to wit, the Cranston City Council as set forth in section 45-21.2-22 or contribute to the State of Rhode Island optional twenty (20) year retirement on service allowance an amount equal to ten percent (10%) of their weekly salary commencing July 1, 1995. ADD}

SECTION 2. Chapter 45-21.2 of the General Laws entitled "Optional Retirement for Member of Police Force and Firefighters" is hereby amended by adding thereto the following sections:

{ADD 45-21.2-17.2. Cranston Fire Department. -- ADD} {ADD All persons becoming members under this retirement system by either method set forth in section 45-21.2-14(e) shall thereby waive and renounce all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a municipality if said pension or retirement system was in existence prior to July 1, 1995. ADD}

{ADD 45-21.2-17.3. Cranston Police Department. -- ADD} {ADD All persons becoming members under this retirement system by either method set forth in section 45-21.2-14(f) shall thereby waive and renounce all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a municipality if said pension or retirement system was in existence prior to July 1, 1995. ADD}

SECTION 3. The provisions of section 45-21-7 of the General Laws shall apply to this act.

SECTION 4. This act shall take effect upon passage and be applicable to the City of Cranston upon the affirmative vote of a majority of the City Council adopting the provisions hereof.



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