Rhode Island 2023 Regular Session

Rhode Island House Bill H5403 Compare Versions

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55 2023 -- H 5403
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIRMENT SYSTEM -
1616 CONTRIBUTIONS AND BE NEFITS
1717 Introduced By: Representatives Quattrocchi, and Nardone
1818 Date Introduced: February 03, 2023
1919 Referred To: House Finance
2020
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2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 36-10-9.2 of the General Laws in Chapter 36-10 entitled "Retirement 1
2424 System — Contributions and Benefits" is hereby amended to read as follows: 2
2525 36-10-9.2. Retirement on service allowance — Correctional officers. 3
2626 (a) This section shall apply to the retirement of members employed as assistant director 4
2727 (adult services), assistant deputy director, chief of inspection, and associate directors, correctional 5
2828 officer, chief of security, administrator of community confinement, home confinement coordinator, 6
2929 work rehabilitation program supervisor, supervisor of custodial records and reports, and 7
3030 classification counselor within the department of corrections. 8
3131 (b)(1) Any member who has attained the age of fifty (50) years may be retired subsequent 9
3232 to the proper execution and filing of a written application; provided, however, that the member 10
3333 shall have completed twenty (20) years of total service within the department of corrections and 11
3434 who retires before October 1, 2009, or is eligible to retire as of September 30, 2009. 12
3535 (2) For members who become eligible to retire on or after October 1, 2009, benefits are 13
3636 available to members who have attained the age of fifty-five (55) and have completed at least 14
3737 twenty-five (25) years of total contributory service within the department of corrections. For 15
3838 members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, 16
3939 but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of fifty-five 17
4040 (55) will be adjusted downward in proportion to the amount of service the member has earned as 18
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4444 of September 30, 2009. The proportional formula shall work as follows: 1
4545 (i) The formula shall determine the first age of retirement eligibility under the laws in effect 2
4646 on September 30, 2009, which shall then be subtracted from the minimum retirement age of fifty-3
4747 five (55). 4
4848 (ii) The formula shall then take the member’s total service credit as of September 30, 2009, 5
4949 as the numerator and the years of service credit determined under (b)(2)(i) as the denominator. 6
5050 (iii) The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference 7
5151 determined in (b)(2)(i) to apply a reduction in years from age fifty-five (55). 8
5252 (c) Any member with contributory service on or after July 1, 2012, who has completed at 9
5353 least five (5) years of contributory service but who has not completed twenty-five (25) years of 10
5454 contributory service, shall be eligible to retire upon the attainment of the member’s Social Security 11
5555 retirement age or, notwithstanding any other provisions, effective July 1, 2015, members in active 12
5656 service shall be eligible to retire upon the earlier of: 13
5757 (1) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) 14
5858 years of total service, or the attainment of at least age sixty-four (64) and the completion of at least 15
5959 thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the 16
6060 completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-17
6161 two (62) and the completion of at least thirty-three (33) years of total service; or 18
6262 (2) The member’s retirement eligibility date under § 36-10-9(1)(c)(ii). 19
6363 (d) Any member who shall have rendered service both as a state employee under § 36-10-20
6464 9, and service under subsection (a) of this section, shall be eligible to elect to combine the member’s 21
6565 service under subsection (a) of this section and service under § 36-10-9 to determine the member’s 22
6666 retirement eligibility date under § 36-10-9. For any member making this election, the member will 23
6767 receive a single benefit equal to the accrued benefit computed under § 36-10-10.2, plus the accrued 24
6868 benefit computed under § 36-10-10. 25
6969 (e) The provisions of subsection (d) shall also apply to members who have retired on a 26
7070 service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in 27
7171 writing to the retirement board and shall apply prospectively from the date the request is received 28
7272 by the retirement board. 29
7373 SECTION 2. This act shall take effect upon passage. 30
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8080 EXPLANATION
8181 BY THE LEGISLATIVE COUNCIL
8282 OF
8383 A N A C T
8484 RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIRMENT SYSTEM -
8585 CONTRIBUTIONS AND BE NEFITS
8686 ***
8787 This act would add the administrator of community confinement and the home confinement 1
8888 coordinator in the state retirement system. 2
8989 This act would take effect upon passage. 3
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