2023 -- S 0225
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LC001073
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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 -- RETIREMENT SYSTEM --
CONTRIBUTION AND BEN EFITS
Introduced By: Senators DiMario, Euer, Murray, Ciccone, Sosnowski, Valverde, Gallo,
F. Lombardi, and Lawson
Date Introduced: February 16, 2023
Referred To: Senate Finance
It is enacted by the General Assembly as follows:
SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement 1
System — Contributions and Benefits" is hereby amended to read as follows: 2
36-10-36. Post-retirement employment. 3
(a) On and after July 7, 1994, no member who has retired under the provisions of title 16, 4
36, or 45 may be employed or reemployed by any state agency or department unless any and all 5
retirement benefits to which he or she may be entitled by virtue of the provisions of title 16, 36, or 6
45 are suspended for the duration of any employment or reemployment. No additional service 7
credits shall be granted for any post-retirement employment or reemployment and no deductions 8
shall be taken from an individual’s salary for retirement contribution. Notice of any such post-9
retirement employment or reemployment shall be sent monthly to the retirement board by the 10
employing agency or department and by the retired member. 11
(b) Any member who has retired under the provisions of title 16, 36, or 45 may be 12
employed or reemployed by any municipality within the state that has accepted the provisions of 13
chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period 14
of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day 15
pay in any one calendar year without any forfeiture or reduction of any retirement benefits and 16
allowances the member is receiving, or may receive, as a retired member. Pension payments shall 17
be suspended whenever this period is exceeded. No additional contributions shall be taken, and no 18
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additional service credits shall be granted, for this service. Notice of this employment or 1
reemployment shall be sent monthly to the retirement board by the employer and by the retired 2
member. 3
(c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed 4
or reemployed by any municipality within the state that has not accepted the provisions of chapter 5
21 of title 45 and that does not participate in the municipal employees’ retirement system. 6
(d) Notwithstanding the provisions of this section: 7
(1) Any retired member of the system shall be permitted to serve as an elected mayor, the 8
town administrator, the city administrator, the town manager, the city manager, the chief 9
administrative officer, or the chief executive officer of any city or town, city or town council 10
member, school committee member, or unpaid member of any part-time state board or commission 11
or member of any part-time municipal board or commission, and shall continue to be eligible for, 12
and receive, the retirement allowance for service other than that as a mayor, administrator, council 13
member, school committee member, or member of any state board or commission or member of 14
any part-time municipal board or commission; provided, however, that no additional service credits 15
shall be granted for any service under this subsection; 16
(2) Any retired member, who retired from service at any state college, university, state 17
school, or who retired from service as a teacher under the provisions of title 16, or who retired from 18
service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state 19
college, university, or state school for the purpose of providing classroom instruction, academic 20
advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the 21
salary provided to other faculty members employed under a collective bargaining agreement at the 22
institution. In no event shall “part-time” mean gross pay of more than eighteen thousand dollars 23
($18,000) twenty-five thousand dollars ($25,000) in any one calendar year. Any retired member 24
who provides such instruction or service shall do so without forfeiture or reduction of any 25
retirement benefit or allowance; provided, however, that no additional service credits shall be 26
granted for any service under this subsection; 27
(3) Any retired member who retired from service as a teacher under the provisions of title 28
16, or as a state employee who, while an active state employee, was certified to teach driver 29
education by the department of elementary and secondary education or by the board of governors 30
for higher education, may be employed or reemployed, on a part-time basis, by the department of 31
elementary and secondary education or by the board of governors of higher education for the 32
purpose of providing classroom instruction in driver education courses in accordance with § 31-33
10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event 34
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shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one 1
calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or 2
reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; 3
provided, however, that no additional service credits shall be granted for any service under this 4
subsection; 5
(4) Any retired member who retired from service as a registered nurse may be employed 6
or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or 7
services at a state-operated facility in Rhode Island, including employment as a faculty member of 8
a nursing program at a state-operated college or university. In no event shall “part-time” mean gross 9
pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days 10
with half pay in any one calendar year. Any retired nurse who provides such care and/or services 11
shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse 12
is receiving as a retired nurse; provided, however, that no additional service credits shall be granted 13
for any service under this subsection. Pension payments shall be suspended whenever this period 14
is exceeded. No additional contributions shall be taken and no additional service credits shall be 15
granted for this service. Notice of this employment or reemployment shall be sent monthly to the 16
retirement board by the employer and by the retired member; 17
(5) Any retired member who, at the time of passage of this section, serves as a general 18
magistrate within the family court and thereafter retires from judicial service, may be employed or 19
reemployed by the family court to perform such services as a general magistrate of the family court 20
as the chief judge of the family court shall prescribe without any forfeiture or reduction of any 21
retirement benefits and allowances that he or she is receiving or may receive. For any such services 22
or assignments performed after retirement, the general magistrate shall receive no compensation 23
whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional 24
service credits shall be granted for this service; 25
(6) Any retired district court clerk/magistrate or magistrate of the district court who shall 26
subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be 27
employed or reemployed by the district court to perform such services as a magistrate as the chief 28
judge of the district court shall prescribe without any forfeiture or reduction of any retirement 29
benefits and allowance that he or she is receiving or may receive. For any such services or 30
assignment performed after retirement, the district court clerk/magistrate or magistrate shall 31
receive, in addition to his or her retirement pension, the difference in pay and fringe benefits 32
between his or her retirement pension, and that of a sitting magistrate of the district court with 33
comparable state service time. No additional contributions shall be taken and no additional service 34
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credits shall be granted for this service; and 1
(7) Any retired member of the system shall be permitted to serve as a municipal employee 2
without any forfeiture or reduction of any retirement benefits and allowances that he or she is 3
receiving or may receive; provided, that said member shall be appointed by and serves at the 4
pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town 5
subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the 6
appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided 7
further, that no additional service credits shall be granted for any service under this subsection. 8
SECTION 2. This act shall take effect upon passage. 9
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
CONTRIBUTION AND BEN EFITS
***
This act would increase the maximum post retirement employment earnings from eighteen 1
thousand dollars ($18,000) to twenty-five thousand dollars ($25,000) a year for certain retired 2
educators. 3
This act would take effect upon passage. 4
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