Rhode Island 2023 Regular Session

Rhode Island House Bill H6203 Compare Versions

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

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5	5	2023 -- H 6203
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7	7	LC002625
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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 TOWNS AN D CITIES -- OPTIONAL RETIREMENT FOR MEMBE RS OF
16	16	POLICE FORCE AND FIREFIGHTERS
17	17	Introduced By: Representatives O'Brien, Dawson, Caldwell, Craven, McEntee, Shanley,
18	18	Batista, Vella-Wilkinson, Perez, and Noret
19	19	Date Introduced: March 24, 2023
20	20	Referred To: House Municipal Government & Housing
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 45-21.2-5 of the General Laws in Chapter 45-21.2 entitled "Optional 1
25	25	Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows: 2
26	26	45-21.2-5. Retirement on service allowance. 3
27	27	(a) Retirement of a member on a service retirement allowance for members eligible to retire 4
28	28	on or before June 30, 2012, shall be made, subject to paragraph (a)(11) below, by the retirement 5
29	29	board as follows: 6
30	30	(1) Any member who has attained or attains age seventy (70) shall be retired as stated in § 7
31	31	45-21-16 subject to the discretions contained in that section; provided, that any member who is a 8
32	32	member of the Woonsocket fire department who has attained or attains an age of sixty-five (65) 9
33	33	years shall be retired. Retirement occurs on the first day of the next succeeding calendar month in 10
34	34	which the member has attained the age of sixty-five (65) years. 11
35	35	(2) Any member may retire pursuant to this subdivision upon written application to the 12
36	36	board stating at what time the member desires to retire; provided, that the member at the specified 13
37	37	time for retirement has attained an age of fifty-five (55) years and has completed at least ten (10) 14
38	38	years of total service, and notwithstanding that the member may have separated from service. 15
39	39	(3) Any member may retire pursuant to this subdivision upon written application to the 16
40	40	board stating at what time the member desires to retire; provided, that the member at the specified 17
41	41	time for retirement has completed at least twenty-five (25) years of total service, and 18
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43	43
44	44	LC002625 - Page 2 of 6
45	45	notwithstanding that the member may have separated from service. 1
46	46	(4) Any member may retire pursuant to this subdivision upon written application to the 2
47	47	board stating at what time the member desires to retire; provided, that the member at the specified 3
48	48	time for retirement has attained an age of fifty (50) years and has completed at least twenty (20) 4
49	49	years of total service, notwithstanding that the member may have separated from service; provided, 5
50	50	that the service retirement allowance, as determined according to the formula provided in § 45-6
51	51	21.2-6, is reduced one-half of one percent (
52	52	1
53	53	/2%) for each month that the age of the member is less 7
54	54	than fifty-five (55) years. 8
55	55	(5) Any member of the South Kingstown police department may retire pursuant to this 9
56	56	subdivision upon written application to the board stating at what time the member desires to retire; 10
57	57	provided, that the member at the specified time for retirement has earned a service retirement 11
58	58	allowance of fifty percent (50%) of final compensation pursuant to § 45-21.2-6.1. 12
59	59	(6) Any member of the Johnston police department may retire pursuant to this subdivision 13
60	60	upon written application to the board stating at what time the member desires to retire; provided, 14
61	61	that the member at the specified time for retirement has earned a service retirement allowance of 15
62	62	fifty percent (50%) of final compensation pursuant to § 45-21.2-6.2. 16
63	63	(7) Any member of the Cranston fire department hired after July 1, 1995, or any member 17
64	64	of the Cranston fire department with five (5) years or less of service effective July 1, 1995, may 18
65	65	retire pursuant to this subdivision upon written application to the board stating at what time the 19
66	66	member desires to retire; provided, that the member at the specified time for retirement has earned 20
67	67	a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) 21
68	68	years service; final compensation for Cranston fire department members is based on the 22
69	69	compensation components of weekly salary, longevity and holidays with longevity of the members 23
70	70	highest year of earnings and members shall receive a three percent (3%) escalation of their pension 24
71	71	payment compounded each year on January 1st following the year of retirement and continuing on 25
72	72	an annual basis on that date; further, any illness or injury not covered in title 45 relating to the 26
73	73	presumption of disability is governed by the collective bargaining agreement between the City of 27
74	74	Cranston and members of the Cranston fire department. 28
75	75	(8) Any member of the Cranston police department hired after July 1, 1995, or any member 29
76	76	of the Cranston police department with five (5) years or less of service effective July 1, 1995, may 30
77	77	retire pursuant to this subdivision upon written application to the board stating at what time the 31
78	78	member desires to retire; provided, that the member at the specified time for retirement has earned 32
79	79	a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) 33
80	80	years service; final compensation for Cranston police department members is based on the 34
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82	82
83	83	LC002625 - Page 3 of 6
84	84	compensation components of weekly salary, longevity and holidays with longevity of the members 1
85	85	highest year of earnings and members shall receive a three percent (3%) escalation of their pension 2
86	86	payment compounded each year on January 1st following the year of retirement and continuing on 3
87	87	an annual basis on that date; further, any illness or injury not covered in title 45 relating to the 4
88	88	presumption of disability is governed by the collective bargaining agreement between the City of 5
89	89	Cranston and members of the Cranston police department. 6
90	90	(9) Any member of the Hopkinton police department may retire pursuant to this subdivision 7
91	91	upon written application to the board stating at what time the member desires to retire; provided, 8
92	92	that the member at the specified time for retirement has earned a service retirement allowance of 9
93	93	fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation 10
94	94	for Hopkinton police department members is based on the compensation components of weekly 11
95	95	salary, longevity and holidays with longevity of the members highest year of earnings and members 12
96	96	shall receive a three percent (3%) escalation of their pension payment compounded each year on 13
97	97	January 1st following the year of retirement and continuing on an annual basis on that date. 14
98	98	(10) Any member of the Richmond police department may retire pursuant to this 15
99	99	subdivision upon written application to the board stating at what time the member desires to retire; 16
100	100	provided, that the member at the specified time for retirement has earned a service retirement 17
101	101	allowance of fifty percent (50%) of final compensation for at least twenty-two (22) years’ service 18
102	102	pursuant to § 45-21.2-6.3. 19
103	103	(11) Notwithstanding any provision in this section to the contrary, for any service on or 20
104	104	after July 1, 2012, final compensation shall be defined in accordance with § 45-21.2-2, and no 21
105	105	benefit adjustments shall be provided except as set forth in § 45-21-52(c). 22
106	106	(12) Notwithstanding any provision in this section or in § 45-21-52(c) or (d), active and 23
107	107	retired members, and the beneficiaries receiving any retirement allowance or benefit of any kind, 24
108	108	shall also receive a two and one-half percent (2.5%) escalation of their pension payment, 25
109	109	compounded each year on January 1 following the year of retirement and continuing on an annual 26
110	110	basis thereafter on that date. 27
111	111	(12)(13) Notwithstanding any provisions of this section to the contrary, with respect to 28
112	112	police officers employed by the town of Johnston, only those police officers hired on or after July 29
113	113	1, 2010, shall be eligible to be members of the Municipal Employees’ Retirement System of the 30
114	114	state of Rhode Island in accordance with this chapter. 31
115	115	(b) Retirement of a member on a service retirement allowance eligible to retire on and after 32
116	116	July 1, 2012, shall be made by the retirement board as follows: 33
117	117	(1) Any member may retire pursuant to this subdivision upon written application to the 34
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120	120	LC002625 - Page 4 of 6
121	121	board stating at what time the member desires to retire; provided, that the member at the specified 1
122	122	time for retirement attained the age of at least fifty-five (55) years and has completed at least 2
123	123	twenty-five (25) years of total service, and notwithstanding that the member may have separated 3
124	124	from service; or 4
125	125	(2) Effective July 1, 2015, the member makes contributions to the plan effective July 1, 5
126	126	2015, in accordance with § 45-21.2-14, and (i) The member at the specified time for retirement 6
127	127	attained the age of at least fifty (50) years and has completed at least twenty-five (25) years of total 7
128	128	service; or (ii) The member has completed at least twenty-seven (27) years of total service 8
129	129	regardless of the member’s attained age, and notwithstanding that the member may have separated 9
130	130	from service. 10
131	131	(3) Any member with contributory service on or after July 1, 2012, who has completed at 11
132	132	least five (5) years of contributory service but who has not completed twenty-five (25) years of 12
133	133	service, shall be eligible to retire upon the attainment of the member’s Social Security retirement 13
134	134	age. 14
135	135	(4) If a member had ten (10) or more years of contributory service and attained age forty-15
136	136	five (45) prior to July 1, 2012, and would have been eligible to retire at or prior to age fifty-two 16
137	137	(52) in accordance with the rules in effect prior to July 1, 2012, the member may retire upon 17
138	138	attainment of age fifty-two (52). 18
139	139	(5) Effective July 1, 2015, a member who has completed twenty (20) or more years of total 19
140	140	service who has attained an age within five (5) years of the eligible retirement age under 20
141	141	subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above, may elect to retire provided that the 21
142	142	retirement allowance shall be reduced actuarially for each month that the age of the member is less 22
143	143	than the eligible retirement age under subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above in 23
144	144	accordance with the following table: 24
145	145	Year Preceding Retirement Cumulative Annual Reduction Cumulative Monthly 25
146	146	Reduction 26
147	147	For Year 1 9% .75% 27
148	148	For Year 2 8% .667% 28
149	149	For Year 3 7% .583% 29
150	150	For Year 4 7% .583% 30
151	151	For Year 5 7% .583% 31
152	152	(6) Notwithstanding any other provisions of this section, a member on June 30, 2012, 32
153	153	may elect to retire at his or her eligible retirement date as determined under the rules in effect on 33
154	154	June 30, 2012, provided that a member making an election under this paragraph shall receive the 34
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157	157	LC002625 - Page 5 of 6
158	158	member’s retirement benefit determined and calculated based on the member’s service and final 1
159	159	compensation as of June 30, 2012. This provision shall be interpreted and administered in a 2
160	160	manner to protect a member’s accrued benefit on June 30, 2012. 3
161	161	SECTION 2. This act shall take effect upon passage. 4
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163	163	LC002625
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167	167	LC002625 - Page 6 of 6
168	168	EXPLANATION
169	169	BY THE LEGISLATIVE COUNCIL
170	170	OF
171	171	A N A C T
172	172	RELATING TO TOWNS AN D CITIES -- OPTIONAL RETIREMENT FOR MEMBERS OF
173	173	POLICE FORCE AND FIREFIGHTERS
174	174	***
175	175	This act would authorize an annual two and one-half percent (2.5%) escalation for all active 1
176	176	and retired police and fire fighter's retirement pension allowance, compounded each year on 2
177	177	January 1 following the year of retirement and continuing yearly, on that date. 3
178	178	This act would take effect upon passage. 4
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180	180	LC002625
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