Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0532 Compare Versions

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

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5	5	2023 -- S 0532
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7	7	LC001599
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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: Senators F. Lombardi, Felag, Britto, Burke, LaMountain, and Ciccone
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Finance
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement 1
24	24	System — Contributions and Benefits" is hereby amended to read as follows: 2
25	25	36-10-36. Post-retirement employment. 3
26	26	(a) On and after July 7, 1994, no member who has retired under the provisions of title 16, 4
27	27	36, or 45 may be employed or reemployed by any state agency or department unless any and all 5
28	28	retirement benefits to which he or she may be entitled by virtue of the provisions of title 16, 36, or 6
29	29	45 are suspended for the duration of any employment or reemployment. No additional service 7
30	30	credits shall be granted for any post-retirement employment or reemployment and no deductions 8
31	31	shall be taken from an individual’s salary for retirement contribution. Notice of any such post-9
32	32	retirement employment or reemployment shall be sent monthly to the retirement board by the 10
33	33	employing agency or department and by the retired member. 11
34	34	(b) Any member who has retired under the provisions of title 16, 36, or 45 may be 12
35	35	employed or reemployed by any municipality within the state that has accepted the provisions of 13
36	36	chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period 14
37	37	of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day 15
38	38	pay in any one calendar year without any forfeiture or reduction of any retirement benefits and 16
39	39	allowances the member is receiving, or may receive, as a retired member. Pension payments shall 17
40	40	be suspended whenever this period is exceeded. No additional contributions shall be taken, and no 18
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44	44	additional service credits shall be granted, for this service. Notice of this employment or 1
45	45	reemployment shall be sent monthly to the retirement board by the employer and by the retired 2
46	46	member. 3
47	47	(c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed 4
48	48	or reemployed by any municipality within the state that has not accepted the provisions of chapter 5
49	49	21 of title 45 and that does not participate in the municipal employees’ retirement system. 6
50	50	(d) Notwithstanding the provisions of this section: 7
51	51	(1) Any retired member of the system shall be permitted to serve as an elected mayor, the 8
52	52	town administrator, the city administrator, the town manager, the city manager, the chief 9
53	53	administrative officer, or the chief executive officer of any city or town, city or town council 10
54	54	member, school committee member, or unpaid member of any part-time state board or commission 11
55	55	or member of any part-time municipal board or commission, and shall continue to be eligible for, 12
56	56	and receive, the retirement allowance for service other than that as a mayor, administrator, council 13
57	57	member, school committee member, or member of any state board or commission or member of 14
58	58	any part-time municipal board or commission; provided, however, that no additional service credits 15
59	59	shall be granted for any service under this subsection; 16
60	60	(2) Any retired member, who retired from service at any state college, university, state 17
61	61	school, or who retired from service as a teacher under the provisions of title 16, or who retired from 18
62	62	service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state 19
63	63	college, university, or state school for the purpose of providing classroom instruction, academic 20
64	64	advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the 21
65	65	salary provided to other faculty members employed under a collective bargaining agreement at the 22
66	66	institution. In no event shall “part-time” mean gross pay of more than eighteen thousand dollars 23
67	67	($18,000) in any one calendar year. Any retired member who provides such instruction or service 24
68	68	shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, 25
69	69	however, that no additional service credits shall be granted for any service under this subsection; 26
70	70	(3) Any retired member who retired from service as a teacher under the provisions of title 27
71	71	16, or as a state employee who, while an active state employee, was certified to teach driver 28
72	72	education by the department of elementary and secondary education or by the board of governors 29
73	73	for higher education, may be employed or reemployed, on a part-time basis, by the department of 30
74	74	elementary and secondary education or by the board of governors of higher education for the 31
75	75	purpose of providing classroom instruction in driver education courses in accordance with § 31-32
76	76	10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event 33
77	77	shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one 34
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81	81	calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or 1
82	82	reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; 2
83	83	provided, however, that no additional service credits shall be granted for any service under this 3
84	84	subsection; 4
85	85	(4) Any retired member who retired from service as a registered nurse may be employed 5
86	86	or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or 6
87	87	services at a state-operated facility in Rhode Island, including employment as a faculty member of 7
88	88	a nursing program at a state-operated college or university. In no event shall “part-time” mean gross 8
89	89	pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days 9
90	90	with half pay in any one calendar year. Any retired nurse who provides such care and/or services 10
91	91	shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse 11
92	92	is receiving as a retired nurse; provided, however, that no additional service credits shall be granted 12
93	93	for any service under this subsection. Pension payments shall be suspended whenever this period 13
94	94	is exceeded. No additional contributions shall be taken and no additional service credits shall be 14
95	95	granted for this service. Notice of this employment or reemployment shall be sent monthly to the 15
96	96	retirement board by the employer and by the retired member; 16
97	97	(5) Any retired member who, at the time of passage of this section, serves as a general 17
98	98	magistrate within the family court and thereafter retires from judicial service, may be employed or 18
99	99	reemployed by the family court to perform such services as a general magistrate of the family court 19
100	100	as the chief judge of the family court shall prescribe without any forfeiture or reduction of any 20
101	101	retirement benefits and allowances that he or she is receiving or may receive. For any such services 21
102	102	or assignments performed after retirement, the general magistrate shall receive no compensation 22
103	103	whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional 23
104	104	service credits shall be granted for this service; 24
105	105	(6) Any retired district court clerk/magistrate or magistrate of the district court who shall 25
106	106	subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be 26
107	107	employed or reemployed by the district court to perform such services as a magistrate as the chief 27
108	108	judge of the district court shall prescribe without any forfeiture or reduction of any retirement 28
109	109	benefits and allowance that he or she is receiving or may receive. For any such services or 29
110	110	assignment performed after retirement, the district court clerk/magistrate or magistrate shall 30
111	111	receive, in addition to his or her retirement pension, the difference in pay and fringe benefits 31
112	112	between his or her retirement pension, and that of a sitting magistrate of the district court with 32
113	113	comparable state service time. No additional contributions shall be taken and no additional service 33
114	114	credits shall be granted for this service; and 34
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118	118	(7) Any retired member of the system shall be permitted to serve as a municipal employee 1
119	119	without any forfeiture or reduction of any retirement benefits and allowances that he or she is 2
120	120	receiving or may receive; provided, that said member shall be appointed by and serves at the 3
121	121	pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town 4
122	122	subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the 5
123	123	appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided 6
124	124	further, that no additional service credits shall be granted for any service under this subsection.; 7
125	125	and 8
126	126	(8) Any retired public safety officer who is a member of the system shall be permitted to 9
127	127	seek secondary employment and serve as a state or municipal employee without any forfeiture or 10
128	128	reduction of any retirement benefits and allowances that he or she is receiving or may receive. 11
129	129	SECTION 2. This act shall take effect upon passage. 12
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131	131	LC001599
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136	136	EXPLANATION
137	137	BY THE LEGISLATIVE COUNCIL
138	138	OF
139	139	A N A C T
140	140	RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
141	141	CONTRIBUTIONS AND BE NEFITS
142	142	***
143	143	This act would allow retired public safety officers to seek secondary employment with the 1
144	144	state or any municipality without any reduction or forfeiture of retirement benefits. 2
145	145	This act would take effect upon passage. 3
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