Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0225 Compare Versions

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

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5	5	2023 -- S 0225
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7	7	LC001073
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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	CONTRIBUTION AND BEN EFITS
17	17	Introduced By: Senators DiMario, Euer, Murray, Ciccone, Sosnowski, Valverde, Gallo,
18	18	F. Lombardi, and Lawson
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Finance
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 36-10-36 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	36-10-36. Post-retirement employment. 3
27	27	(a) On and after July 7, 1994, no member who has retired under the provisions of title 16, 4
28	28	36, or 45 may be employed or reemployed by any state agency or department unless any and all 5
29	29	retirement benefits to which he or she may be entitled by virtue of the provisions of title 16, 36, or 6
30	30	45 are suspended for the duration of any employment or reemployment. No additional service 7
31	31	credits shall be granted for any post-retirement employment or reemployment and no deductions 8
32	32	shall be taken from an individual’s salary for retirement contribution. Notice of any such post-9
33	33	retirement employment or reemployment shall be sent monthly to the retirement board by the 10
34	34	employing agency or department and by the retired member. 11
35	35	(b) Any member who has retired under the provisions of title 16, 36, or 45 may be 12
36	36	employed or reemployed by any municipality within the state that has accepted the provisions of 13
37	37	chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period 14
38	38	of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day 15
39	39	pay in any one calendar year without any forfeiture or reduction of any retirement benefits and 16
40	40	allowances the member is receiving, or may receive, as a retired member. Pension payments shall 17
41	41	be suspended whenever this period is exceeded. No additional contributions shall be taken, and no 18
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45	45	additional service credits shall be granted, for this service. Notice of this employment or 1
46	46	reemployment shall be sent monthly to the retirement board by the employer and by the retired 2
47	47	member. 3
48	48	(c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed 4
49	49	or reemployed by any municipality within the state that has not accepted the provisions of chapter 5
50	50	21 of title 45 and that does not participate in the municipal employees’ retirement system. 6
51	51	(d) Notwithstanding the provisions of this section: 7
52	52	(1) Any retired member of the system shall be permitted to serve as an elected mayor, the 8
53	53	town administrator, the city administrator, the town manager, the city manager, the chief 9
54	54	administrative officer, or the chief executive officer of any city or town, city or town council 10
55	55	member, school committee member, or unpaid member of any part-time state board or commission 11
56	56	or member of any part-time municipal board or commission, and shall continue to be eligible for, 12
57	57	and receive, the retirement allowance for service other than that as a mayor, administrator, council 13
58	58	member, school committee member, or member of any state board or commission or member of 14
59	59	any part-time municipal board or commission; provided, however, that no additional service credits 15
60	60	shall be granted for any service under this subsection; 16
61	61	(2) Any retired member, who retired from service at any state college, university, state 17
62	62	school, or who retired from service as a teacher under the provisions of title 16, or who retired from 18
63	63	service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state 19
64	64	college, university, or state school for the purpose of providing classroom instruction, academic 20
65	65	advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the 21
66	66	salary provided to other faculty members employed under a collective bargaining agreement at the 22
67	67	institution. In no event shall “part-time” mean gross pay of more than eighteen thousand dollars 23
68	68	($18,000) twenty-five thousand dollars ($25,000) in any one calendar year. Any retired member 24
69	69	who provides such instruction or service shall do so without forfeiture or reduction of any 25
70	70	retirement benefit or allowance; provided, however, that no additional service credits shall be 26
71	71	granted for any service under this subsection; 27
72	72	(3) Any retired member who retired from service as a teacher under the provisions of title 28
73	73	16, or as a state employee who, while an active state employee, was certified to teach driver 29
74	74	education by the department of elementary and secondary education or by the board of governors 30
75	75	for higher education, may be employed or reemployed, on a part-time basis, by the department of 31
76	76	elementary and secondary education or by the board of governors of higher education for the 32
77	77	purpose of providing classroom instruction in driver education courses in accordance with § 31-33
78	78	10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event 34
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82	82	shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one 1
83	83	calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or 2
84	84	reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; 3
85	85	provided, however, that no additional service credits shall be granted for any service under this 4
86	86	subsection; 5
87	87	(4) Any retired member who retired from service as a registered nurse may be employed 6
88	88	or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or 7
89	89	services at a state-operated facility in Rhode Island, including employment as a faculty member of 8
90	90	a nursing program at a state-operated college or university. In no event shall “part-time” mean gross 9
91	91	pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days 10
92	92	with half pay in any one calendar year. Any retired nurse who provides such care and/or services 11
93	93	shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse 12
94	94	is receiving as a retired nurse; provided, however, that no additional service credits shall be granted 13
95	95	for any service under this subsection. Pension payments shall be suspended whenever this period 14
96	96	is exceeded. No additional contributions shall be taken and no additional service credits shall be 15
97	97	granted for this service. Notice of this employment or reemployment shall be sent monthly to the 16
98	98	retirement board by the employer and by the retired member; 17
99	99	(5) Any retired member who, at the time of passage of this section, serves as a general 18
100	100	magistrate within the family court and thereafter retires from judicial service, may be employed or 19
101	101	reemployed by the family court to perform such services as a general magistrate of the family court 20
102	102	as the chief judge of the family court shall prescribe without any forfeiture or reduction of any 21
103	103	retirement benefits and allowances that he or she is receiving or may receive. For any such services 22
104	104	or assignments performed after retirement, the general magistrate shall receive no compensation 23
105	105	whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional 24
106	106	service credits shall be granted for this service; 25
107	107	(6) Any retired district court clerk/magistrate or magistrate of the district court who shall 26
108	108	subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be 27
109	109	employed or reemployed by the district court to perform such services as a magistrate as the chief 28
110	110	judge of the district court shall prescribe without any forfeiture or reduction of any retirement 29
111	111	benefits and allowance that he or she is receiving or may receive. For any such services or 30
112	112	assignment performed after retirement, the district court clerk/magistrate or magistrate shall 31
113	113	receive, in addition to his or her retirement pension, the difference in pay and fringe benefits 32
114	114	between his or her retirement pension, and that of a sitting magistrate of the district court with 33
115	115	comparable state service time. No additional contributions shall be taken and no additional service 34
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119	119	credits shall be granted for this service; and 1
120	120	(7) Any retired member of the system shall be permitted to serve as a municipal employee 2
121	121	without any forfeiture or reduction of any retirement benefits and allowances that he or she is 3
122	122	receiving or may receive; provided, that said member shall be appointed by and serves at the 4
123	123	pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town 5
124	124	subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the 6
125	125	appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided 7
126	126	further, that no additional service credits shall be granted for any service under this subsection. 8
127	127	SECTION 2. This act shall take effect upon passage. 9
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134	134	EXPLANATION
135	135	BY THE LEGISLATIVE COUNCIL
136	136	OF
137	137	A N A C T
138	138	RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
139	139	CONTRIBUTION AND BEN EFITS
140	140	***
141	141	This act would increase the maximum post retirement employment earnings from eighteen 1
142	142	thousand dollars ($18,000) to twenty-five thousand dollars ($25,000) a year for certain retired 2
143	143	educators. 3
144	144	This act would take effect upon passage. 4
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