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5 | 5 | | 2025 -- H 5230 |
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6 | 6 | | ======== |
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7 | 7 | | LC000915 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO TOWNS AN D CITIES -- OPTIONAL RETIREMENT FOR MEMBE RS OF |
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16 | 16 | | POLICE FORCE AND FIREFIGHTERS |
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17 | 17 | | Introduced By: Representatives McEntee, Craven, Noret, Hull, Read, Edwards, Dawson, |
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18 | 18 | | O'Brien, Finkelman, and Caldwell |
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19 | 19 | | Date Introduced: January 29, 2025 |
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20 | 20 | | Referred To: House Municipal Government & Housing |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Section 45-21.2-5 of the General Laws in Chapter 45-21.2 entitled "Optional 1 |
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25 | 25 | | Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows: 2 |
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26 | 26 | | 45-21.2-5. Retirement on service allowance. 3 |
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27 | 27 | | (a) Retirement of a member on a service retirement allowance for members eligible to retire 4 |
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28 | 28 | | on or before June 30, 2012, shall be made, subject to paragraph (a)(11) below, by the retirement 5 |
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29 | 29 | | board as follows: 6 |
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30 | 30 | | (1) Any member who has attained or attains age seventy (70) shall be retired as stated in § 7 |
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31 | 31 | | 45-21-16 subject to the discretions contained in that section; provided, that any member who is a 8 |
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32 | 32 | | member of the Woonsocket fire department who has attained or attains an age of sixty-five (65) 9 |
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33 | 33 | | years shall be retired. Retirement occurs on the first day of the next succeeding calendar month in 10 |
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34 | 34 | | which the member has attained the age of sixty-five (65) years. 11 |
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35 | 35 | | (2) Any member may retire pursuant to this subdivision upon written application to the 12 |
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36 | 36 | | board stating at what time the member desires to retire; provided, that the member at the specified 13 |
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37 | 37 | | time for retirement has attained an age of fifty-five (55) years and has completed at least ten (10) 14 |
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38 | 38 | | years of total service, and notwithstanding that the member may have separated from service. 15 |
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39 | 39 | | (3) Any member may retire pursuant to this subdivision upon written application to the 16 |
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40 | 40 | | board stating at what time the member desires to retire; provided, that the member at the specified 17 |
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41 | 41 | | time for retirement has completed at least twenty-five (25) years of total service, and 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000915 - Page 2 of 6 |
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45 | 45 | | notwithstanding that the member may have separated from service. 1 |
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46 | 46 | | (4) Any member may retire pursuant to this subdivision upon written application to the 2 |
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47 | 47 | | board stating at what time the member desires to retire; provided, that the member at the specified 3 |
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48 | 48 | | time for retirement has attained an age of fifty (50) years and has completed at least twenty (20) 4 |
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49 | 49 | | years of total service, notwithstanding that the member may have separated from service; provided, 5 |
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50 | 50 | | that the service retirement allowance, as determined according to the formula provided in § 45-6 |
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51 | 51 | | 21.2-6, is reduced one-half of one percent ( |
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52 | 52 | | 1 |
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53 | 53 | | /2%) for each month that the age of the member is less 7 |
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54 | 54 | | than fifty-five (55) years. 8 |
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55 | 55 | | (5) Any member of the South Kingstown police department may retire pursuant to this 9 |
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56 | 56 | | subdivision upon written application to the board stating at what time the member desires to retire; 10 |
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57 | 57 | | provided, that the member at the specified time for retirement has earned a service retirement 11 |
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58 | 58 | | allowance of fifty percent (50%) of final compensation pursuant to § 45-21.2-6.1. 12 |
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59 | 59 | | (6) Any member of the Johnston police department may retire pursuant to this subdivision 13 |
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60 | 60 | | upon written application to the board stating at what time the member desires to retire; provided, 14 |
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61 | 61 | | that the member at the specified time for retirement has earned a service retirement allowance of 15 |
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62 | 62 | | fifty percent (50%) of final compensation pursuant to § 45-21.2-6.2. 16 |
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63 | 63 | | (7) Any member of the Cranston fire department hired after July 1, 1995, or any member 17 |
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64 | 64 | | of the Cranston fire department with five (5) years or less of service effective July 1, 1995, may 18 |
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65 | 65 | | retire pursuant to this subdivision upon written application to the board stating at what time the 19 |
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66 | 66 | | member desires to retire; provided, that the member at the specified time for retirement has earned 20 |
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67 | 67 | | a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) 21 |
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68 | 68 | | years service; final compensation for Cranston fire department members is based on the 22 |
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69 | 69 | | compensation components of weekly salary, longevity and holidays with longevity of the members 23 |
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70 | 70 | | highest year of earnings and members shall receive a three percent (3%) escalation of their pension 24 |
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71 | 71 | | payment compounded each year on January 1st following the year of retirement and continuing on 25 |
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72 | 72 | | an annual basis on that date; further, any illness or injury not covered in title 45 relating to the 26 |
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73 | 73 | | presumption of disability is governed by the collective bargaining agreement between the City of 27 |
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74 | 74 | | Cranston and members of the Cranston fire department. 28 |
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75 | 75 | | (8) Any member of the Cranston police department hired after July 1, 1995, or any member 29 |
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76 | 76 | | of the Cranston police department with five (5) years or less of service effective July 1, 1995, may 30 |
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77 | 77 | | retire pursuant to this subdivision upon written application to the board stating at what time the 31 |
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78 | 78 | | member desires to retire; provided, that the member at the specified time for retirement has earned 32 |
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79 | 79 | | a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) 33 |
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80 | 80 | | years service; final compensation for Cranston police department members is based on the 34 |
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81 | 81 | | |
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82 | 82 | | |
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83 | 83 | | LC000915 - Page 3 of 6 |
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84 | 84 | | compensation components of weekly salary, longevity and holidays with longevity of the members 1 |
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85 | 85 | | highest year of earnings and members shall receive a three percent (3%) escalation of their pension 2 |
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86 | 86 | | payment compounded each year on January 1st following the year of retirement and continuing on 3 |
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87 | 87 | | an annual basis on that date; further, any illness or injury not covered in title 45 relating to the 4 |
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88 | 88 | | presumption of disability is governed by the collective bargaining agreement between the City of 5 |
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89 | 89 | | Cranston and members of the Cranston police department. 6 |
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90 | 90 | | (9) Any member of the Hopkinton police department may retire pursuant to this subdivision 7 |
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91 | 91 | | upon written application to the board stating at what time the member desires to retire; provided, 8 |
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92 | 92 | | that the member at the specified time for retirement has earned a service retirement allowance of 9 |
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93 | 93 | | fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation 10 |
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94 | 94 | | for Hopkinton police department members is based on the compensation components of weekly 11 |
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95 | 95 | | salary, longevity and holidays with longevity of the members highest year of earnings and members 12 |
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96 | 96 | | shall receive a three percent (3%) escalation of their pension payment compounded each year on 13 |
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97 | 97 | | January 1st following the year of retirement and continuing on an annual basis on that date. 14 |
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98 | 98 | | (10) Any member of the Richmond police department may retire pursuant to this 15 |
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99 | 99 | | subdivision upon written application to the board stating at what time the member desires to retire; 16 |
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100 | 100 | | provided, that the member at the specified time for retirement has earned a service retirement 17 |
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101 | 101 | | allowance of fifty percent (50%) of final compensation for at least twenty-two (22) years’ service 18 |
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102 | 102 | | pursuant to § 45-21.2-6.3. 19 |
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103 | 103 | | (11) Notwithstanding any provision in this section to the contrary, for any service on or 20 |
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104 | 104 | | after July 1, 2012, final compensation shall be defined in accordance with § 45-21.2-2, and no 21 |
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105 | 105 | | benefit adjustments shall be provided except as set forth in § 45-21-52(c). 22 |
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106 | 106 | | (12) Notwithstanding any provisions of this section to the contrary, with respect to police 23 |
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107 | 107 | | officers employed by the town of Johnston, only those police officers hired on or after July 1, 2010, 24 |
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108 | 108 | | shall be eligible to be members of the Municipal Employees’ Retirement System of the state of 25 |
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109 | 109 | | Rhode Island in accordance with this chapter. 26 |
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110 | 110 | | (b) Retirement of a member on a service retirement allowance eligible to retire on and after 27 |
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111 | 111 | | July 1, 2012, shall be made by the retirement board as follows: 28 |
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112 | 112 | | (1) Any member may retire pursuant to this subdivision upon written application to the 29 |
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113 | 113 | | board stating at what time the member desires to retire; provided, that the member at the specified 30 |
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114 | 114 | | time for retirement attained the age of at least fifty-five (55) years and has completed at least 31 |
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115 | 115 | | twenty-five (25) years of total service, and notwithstanding that the member may have separated 32 |
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116 | 116 | | from service; or 33 |
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117 | 117 | | (2) Effective July 1, 2015, the member makes contributions to the plan effective July 1, 34 |
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118 | 118 | | |
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119 | 119 | | |
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120 | 120 | | LC000915 - Page 4 of 6 |
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121 | 121 | | 2015, in accordance with § 45-21.2-14, and (i) The member at the specified time for retirement 1 |
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122 | 122 | | attained the age of at least fifty (50) years and has completed at least twenty-five (25) years of total 2 |
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123 | 123 | | service; or (ii) The member has completed at least twenty-seven (27) years of total service 3 |
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124 | 124 | | regardless of the member’s attained age, and notwithstanding that the member may have separated 4 |
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125 | 125 | | from service. 5 |
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126 | 126 | | (3) Any member with contributory service on or after July 1, 2012, who has completed at 6 |
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127 | 127 | | least five (5) years of contributory service but who has not completed twenty-five (25) years of 7 |
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128 | 128 | | service, shall be eligible to retire upon the attainment of the member’s Social Security retirement 8 |
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129 | 129 | | age. 9 |
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130 | 130 | | (4) If a member had ten (10) or more years of contributory service and attained age forty-10 |
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131 | 131 | | five (45) prior to July 1, 2012, and would have been eligible to retire at or prior to age fifty-two 11 |
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132 | 132 | | (52) in accordance with the rules in effect prior to July 1, 2012, the member may retire upon 12 |
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133 | 133 | | attainment of age fifty-two (52). 13 |
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134 | 134 | | (5) Effective July 1, 2015, a member who has completed twenty (20) or more years of total 14 |
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135 | 135 | | service who has attained an age within five (5) years of the eligible retirement age under 15 |
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136 | 136 | | subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above, may elect to retire provided that the 16 |
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137 | 137 | | retirement allowance shall be reduced actuarially for each month that the age of the member is less 17 |
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138 | 138 | | than the eligible retirement age under subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above in 18 |
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139 | 139 | | accordance with the following table: 19 |
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140 | 140 | | Year Preceding Retirement Cumulative Annual Reduction Cumulative Monthly 20 |
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141 | 141 | | Reduction 21 |
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142 | 142 | | For Year 1 9% .75% 22 |
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143 | 143 | | For Year 2 8% .667% 23 |
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144 | 144 | | For Year 3 7% .583% 24 |
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145 | 145 | | For Year 4 7% .583% 25 |
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146 | 146 | | For Year 5 7% .583% 26 |
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147 | 147 | | (6) Notwithstanding any other provisions of this section, a member on June 30, 2012, may 27 |
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148 | 148 | | elect to retire at his or her eligible retirement date as determined under the rules in effect on June 28 |
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149 | 149 | | 30, 2012, provided that a member making an election under this paragraph shall receive the 29 |
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150 | 150 | | member’s retirement benefit determined and calculated based on the member’s service and final 30 |
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151 | 151 | | compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner 31 |
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152 | 152 | | to protect a member’s accrued benefit on June 30, 2012. 32 |
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153 | 153 | | (7) Effective July 1, 2025, a member who has attained age fifty-seven (57) or more, with 33 |
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154 | 154 | | at least twenty (20) years of service, may elect to retire, without a reduction, as set forth in 34 |
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155 | 155 | | |
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156 | 156 | | |
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157 | 157 | | LC000915 - Page 5 of 6 |
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158 | 158 | | subsection (b)(5) of this section. 1 |
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159 | 159 | | SECTION 2. This act shall take effect upon passage. 2 |
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160 | 160 | | ======== |
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161 | 161 | | LC000915 |
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162 | 162 | | ======== |
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163 | 163 | | |
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164 | 164 | | |
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165 | 165 | | LC000915 - Page 6 of 6 |
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166 | 166 | | EXPLANATION |
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167 | 167 | | BY THE LEGISLATIVE COUNCIL |
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168 | 168 | | OF |
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169 | 169 | | A N A C T |
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170 | 170 | | RELATING TO TOWNS AN D CITIES -- OPTIONAL RETIREMENT FOR MEMB ERS OF |
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171 | 171 | | POLICE FORCE AND FIREFIGHTERS |
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172 | 172 | | *** |
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173 | 173 | | This act would afford an option for police and firefighters to receive retirement allowances, 1 |
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174 | 174 | | without reduction, who seek retirement after twenty (20) years of service, upon reaching age fifty-2 |
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175 | 175 | | seven (57). 3 |
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176 | 176 | | This act would take effect upon passage. 4 |
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177 | 177 | | ======== |
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178 | 178 | | LC000915 |
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179 | 179 | | ======== |
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