Rhode Island 2023 Regular Session

Rhode Island House Bill H5641 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5641
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7	7	LC001378
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM
16	16	CONTRIBUTIONS AND BE NEFITS
17	17	Introduced By: Representatives O'Brien, Dawson, Noret, McEntee, Serpa, Cardillo,
18	18	Azzinaro, Edwards, and Solomon
19	19	Date Introduced: February 15, 2023
20	20	Referred To: House Finance
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 36-10-1 of the General Laws in Chapter 36-10 entitled "Retirement 1
25	25	System — Contributions and Benefits" is hereby amended to read as follows: 2
26	26	36-10-1. Member contributions — Deduction from compensation. 3
27	27	(a)(1) Prior to July 1, 2012, each member of the retirement system shall contribute an 4
28	28	amount equal to eight and three-quarters percent (8.75%) of his or her compensation as his or her 5
29	29	share of the cost of annuities, benefits, and allowances. Effective July 1, 2012, each member of the 6
30	30	retirement system shall contribute an amount equal to three and three quarters percent (3.75%) of 7
31	31	his or her compensation, except for correctional officers as defined in § 36-10-9.2 who shall 8
32	32	contribute an amount equal to eight and three quarters percent (8.75%) of his or her compensation. 9
33	33	Effective July 1, 2015, each member of the retirement system, except for correctional officers as 10
34	34	defined in § 36-10-9.2, with twenty (20) or more years of total service as of June 30, 2012 shall 11
35	35	contribute an amount equal to eleven percent (11%) of compensation. 12
36	36	(2) Effective July 1, 2023, those members of the retirement system who are state employees 13
37	37	employed as deputy sheriffs, capitol police officers, environmental police officers, juvenile 14
38	38	program workers, shift coordinators, firefighters, crew chiefs, assistant chiefs, fire investigators, 15
39	39	fire safety inspectors, fire safety training officers, explosives and flammable liquids technicians, 16
40	40	and campus police officers employed by the state of Rhode Island and executive military staff shall 17
41	41	contribute an amount equal to ten percent (10%) of compensation. 18
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44	44	LC001378 - Page 2 of 4
45	45	(3) The contributions shall be made in the form of deductions from compensation. 1
46	46	(b) The deductions provided for herein shall be made notwithstanding that the minimum 2
47	47	compensation provided by law for any member shall be reduced thereby. Every member shall be 3
48	48	deemed to consent and agree to the deductions made and provided for herein and receipt of his or 4
49	49	her full compensation and payment of compensation, less the deductions, shall be a full and 5
50	50	complete discharge and acquittance of all claims and demands whatsoever for the services rendered 6
51	51	by the person during the period covered by the payment except as to the benefit provided under this 7
52	52	chapter. 8
53	53	SECTION 2. Section 36-10.3-1 of the General Laws in Chapter 36-10.3 entitled "Defined 9
54	54	Contribution Retirement Plan" is hereby amended to read as follows: 10
55	55	36-10.3-1. Definitions. 11
56	56	As used in this chapter, the following terms, unless the context requires a different 12
57	57	interpretation, shall have the following meanings: 13
58	58	(1) “Compensation” means compensation as defined in § 36-8-1(8). 14
59	59	(2) “Employee” means an employee as defined in §§ 36-8-1(9) and 45-21-2(7) and a 15
60	60	teacher as defined in § 16-16-1(12), effective July 1, 2012; provided however, effective July 1, 16
61	61	2015, “employee” shall not include any employee with twenty (20) or more years of total service 17
62	62	as of June 30, 2012, in the employees retirement system under chapters 8 through 10 of title 36 or 18
63	63	chapter 16 of title 16 (ERS), or the municipal employees retirement system under chapter 21 of 19
64	64	title 45 (MERS); provided, however, effective July 1, 2023, "employee" shall not include deputy 20
65	65	sheriffs, capitol police officers, environmental police officers, juvenile program workers, shift 21
66	66	coordinators, firefighters, crew chiefs, assistant chiefs, fire investigators, fire safety inspectors, fire 22
67	67	safety training officers, explosives and flammable liquids technicians, and campus police officers 23
68	68	employed by the state of Rhode Island and executive military staff. 24
69	69	(3) “Employer” means the State of Rhode Island or the local municipality which employs 25
70	70	a member of the Employees Retirement System under chapters 8 through 10 of title 36 or chapter 26
71	71	16 of title 16 (ERS) or the Municipal Employees Retirement System under chapters 21 and 21.2 of 27
72	72	title 45 (MERS). 28
73	73	(4) “Plan” means the retirement plan established by this chapter. 29
74	74	(5) A “public safety member” shall mean a member of MERS who is a municipal fire 30
75	75	fighter or a municipal policeman or policewoman as defined in § 45-21.2-2 who does not participate 31
76	76	in Social Security under the Federal Old Age, Survivors, and Disability income program. 32
77	77	(6) “Regular member” means: 33
78	78	(i) An employee who is a member of ERS other than correctional officers as defined in § 34
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82	82	36-10-9.2; or 1
83	83	(ii) An employee who is a member of MERS other than a public safety member. 2
84	84	(7) The “retirement board” or “board” shall mean the retirement board of the Employees 3
85	85	Retirement System of Rhode Island as defined in chapter 8 of this title. The retirement board shall 4
86	86	be the plan administrator and plan trustee and shall administer the plan in accordance with § 36-8-5
87	87	4.1. 6
88	88	(8) “State investment commission” or “commission” means the state investment 7
89	89	commission as defined in § 35-10-1. 8
90	90	(9) “Supplemental employer” includes any employer that provides supplemental 9
91	91	contributions to the defined contribution retirement plan as provided in § 36-10.3-3. 10
92	92	(10) “Supplemental member” is defined in § 36-10.3-3. 11
93	93	SECTION 3. Chapter 36-10 of the General Laws entitled "Retirement System-12
94	94	Contributions and Benefits" is hereby amended by adding thereto the following section: 13
95	95	36-10-9.8. Retirement on service allowance -- State law enforcement professionals. 14
96	96	(a) Effective July 1, 2023, notwithstanding any special law or general law, rule or 15
97	97	regulation to the contrary, state employees employed as deputy sheriffs, capitol police officers, 16
98	98	environmental police officers, juvenile program workers, shift coordinators, firefighters, crew 17
99	99	chiefs, assistant chiefs, fire investigators, fire safety inspectors, fire safety training officers, 18
100	100	explosives and flammable liquids technicians, and campus police officers employed by the state of 19
101	101	Rhode Island and executive military staff shall be entitled to the benefits provided by §§ 45-21.2-20
102	102	5, 45-21.2-6, 45-21.2-10, 45-21.2-11, 45-21.2-12, and 45-21.2-13. 21
103	103	(b) For members identified in subsection (a) of this section, service credits earned prior to 22
104	104	July 1, 2023, shall be determined by the laws in effect on June 30, 2023. 23
105	105	SECTION 4. This act shall take effect upon passage. 24
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112	112	EXPLANATION
113	113	BY THE LEGISLATIVE COUNCIL
114	114	OF
115	115	A N A C T
116	116	RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM
117	117	CONTRIBUTIONS AND BE NEFITS
118	118	***
119	119	This act would provide state employee public safety professionals subject to the state 1
120	120	retirement system with a position of parity with public safety employees of the municipal retirement 2
121	121	system, effective July 1, 2023. The act would set their retirement contribution at ten percent (10%) 3
122	122	of their compensation. 4
123	123	This act would take effect upon passage. 5
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125	125	LC001378
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