2023 -- H 5403
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LC001106
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIRMENT SYSTEM -
CONTRIBUTIONS AND BE NEFITS
Introduced By: Representatives Quattrocchi, and Nardone
Date Introduced: February 03, 2023
Referred To: House Finance
It is enacted by the General Assembly as follows:
SECTION 1. Section 36-10-9.2 of the General Laws in Chapter 36-10 entitled "Retirement 1
System — Contributions and Benefits" is hereby amended to read as follows: 2
36-10-9.2. Retirement on service allowance — Correctional officers. 3
(a) This section shall apply to the retirement of members employed as assistant director 4
(adult services), assistant deputy director, chief of inspection, and associate directors, correctional 5
officer, chief of security, administrator of community confinement, home confinement coordinator, 6
work rehabilitation program supervisor, supervisor of custodial records and reports, and 7
classification counselor within the department of corrections. 8
(b)(1) Any member who has attained the age of fifty (50) years may be retired subsequent 9
to the proper execution and filing of a written application; provided, however, that the member 10
shall have completed twenty (20) years of total service within the department of corrections and 11
who retires before October 1, 2009, or is eligible to retire as of September 30, 2009. 12
(2) For members who become eligible to retire on or after October 1, 2009, benefits are 13
available to members who have attained the age of fifty-five (55) and have completed at least 14
twenty-five (25) years of total contributory service within the department of corrections. For 15
members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, 16
but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of fifty-five 17
(55) will be adjusted downward in proportion to the amount of service the member has earned as 18
LC001106 - Page 2 of 3
of September 30, 2009. The proportional formula shall work as follows: 1
(i) The formula shall determine the first age of retirement eligibility under the laws in effect 2
on September 30, 2009, which shall then be subtracted from the minimum retirement age of fifty-3
five (55). 4
(ii) The formula shall then take the member’s total service credit as of September 30, 2009, 5
as the numerator and the years of service credit determined under (b)(2)(i) as the denominator. 6
(iii) The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference 7
determined in (b)(2)(i) to apply a reduction in years from age fifty-five (55). 8
(c) Any member with contributory service on or after July 1, 2012, who has completed at 9
least five (5) years of contributory service but who has not completed twenty-five (25) years of 10
contributory service, shall be eligible to retire upon the attainment of the member’s Social Security 11
retirement age or, notwithstanding any other provisions, effective July 1, 2015, members in active 12
service shall be eligible to retire upon the earlier of: 13
(1) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) 14
years of total service, or the attainment of at least age sixty-four (64) and the completion of at least 15
thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the 16
completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-17
two (62) and the completion of at least thirty-three (33) years of total service; or 18
(2) The member’s retirement eligibility date under § 36-10-9(1)(c)(ii). 19
(d) Any member who shall have rendered service both as a state employee under § 36-10-20
9, and service under subsection (a) of this section, shall be eligible to elect to combine the member’s 21
service under subsection (a) of this section and service under § 36-10-9 to determine the member’s 22
retirement eligibility date under § 36-10-9. For any member making this election, the member will 23
receive a single benefit equal to the accrued benefit computed under § 36-10-10.2, plus the accrued 24
benefit computed under § 36-10-10. 25
(e) The provisions of subsection (d) shall also apply to members who have retired on a 26
service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in 27
writing to the retirement board and shall apply prospectively from the date the request is received 28
by the retirement board. 29
SECTION 2. This act shall take effect upon passage. 30
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LC001106
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LC001106 - Page 3 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIRMENT SYSTEM -
CONTRIBUTIONS AND BE NEFITS
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This act would add the administrator of community confinement and the home confinement 1
coordinator in the state retirement system. 2
This act would take effect upon passage. 3
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LC001106
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