Rhode Island 2025 Regular Session

Rhode Island House Bill H5230 Compare Versions

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55 2025 -- H 5230
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TOWNS AN D CITIES -- OPTIONAL RETIREMENT FOR MEMBE RS OF
1616 POLICE FORCE AND FIREFIGHTERS
1717 Introduced By: Representatives McEntee, Craven, Noret, Hull, Read, Edwards, Dawson,
1818 O'Brien, Finkelman, and Caldwell
1919 Date Introduced: January 29, 2025
2020 Referred To: House Municipal Government & Housing
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 45-21.2-5 of the General Laws in Chapter 45-21.2 entitled "Optional 1
2525 Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows: 2
2626 45-21.2-5. Retirement on service allowance. 3
2727 (a) Retirement of a member on a service retirement allowance for members eligible to retire 4
2828 on or before June 30, 2012, shall be made, subject to paragraph (a)(11) below, by the retirement 5
2929 board as follows: 6
3030 (1) Any member who has attained or attains age seventy (70) shall be retired as stated in § 7
3131 45-21-16 subject to the discretions contained in that section; provided, that any member who is a 8
3232 member of the Woonsocket fire department who has attained or attains an age of sixty-five (65) 9
3333 years shall be retired. Retirement occurs on the first day of the next succeeding calendar month in 10
3434 which the member has attained the age of sixty-five (65) years. 11
3535 (2) Any member may retire pursuant to this subdivision upon written application to the 12
3636 board stating at what time the member desires to retire; provided, that the member at the specified 13
3737 time for retirement has attained an age of fifty-five (55) years and has completed at least ten (10) 14
3838 years of total service, and notwithstanding that the member may have separated from service. 15
3939 (3) Any member may retire pursuant to this subdivision upon written application to the 16
4040 board stating at what time the member desires to retire; provided, that the member at the specified 17
4141 time for retirement has completed at least twenty-five (25) years of total service, and 18
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4545 notwithstanding that the member may have separated from service. 1
4646 (4) Any member may retire pursuant to this subdivision upon written application to the 2
4747 board stating at what time the member desires to retire; provided, that the member at the specified 3
4848 time for retirement has attained an age of fifty (50) years and has completed at least twenty (20) 4
4949 years of total service, notwithstanding that the member may have separated from service; provided, 5
5050 that the service retirement allowance, as determined according to the formula provided in § 45-6
5151 21.2-6, is reduced one-half of one percent (
5252 1
5353 /2%) for each month that the age of the member is less 7
5454 than fifty-five (55) years. 8
5555 (5) Any member of the South Kingstown police department may retire pursuant to this 9
5656 subdivision upon written application to the board stating at what time the member desires to retire; 10
5757 provided, that the member at the specified time for retirement has earned a service retirement 11
5858 allowance of fifty percent (50%) of final compensation pursuant to § 45-21.2-6.1. 12
5959 (6) Any member of the Johnston police department may retire pursuant to this subdivision 13
6060 upon written application to the board stating at what time the member desires to retire; provided, 14
6161 that the member at the specified time for retirement has earned a service retirement allowance of 15
6262 fifty percent (50%) of final compensation pursuant to § 45-21.2-6.2. 16
6363 (7) Any member of the Cranston fire department hired after July 1, 1995, or any member 17
6464 of the Cranston fire department with five (5) years or less of service effective July 1, 1995, may 18
6565 retire pursuant to this subdivision upon written application to the board stating at what time the 19
6666 member desires to retire; provided, that the member at the specified time for retirement has earned 20
6767 a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) 21
6868 years service; final compensation for Cranston fire department members is based on the 22
6969 compensation components of weekly salary, longevity and holidays with longevity of the members 23
7070 highest year of earnings and members shall receive a three percent (3%) escalation of their pension 24
7171 payment compounded each year on January 1st following the year of retirement and continuing on 25
7272 an annual basis on that date; further, any illness or injury not covered in title 45 relating to the 26
7373 presumption of disability is governed by the collective bargaining agreement between the City of 27
7474 Cranston and members of the Cranston fire department. 28
7575 (8) Any member of the Cranston police department hired after July 1, 1995, or any member 29
7676 of the Cranston police department with five (5) years or less of service effective July 1, 1995, may 30
7777 retire pursuant to this subdivision upon written application to the board stating at what time the 31
7878 member desires to retire; provided, that the member at the specified time for retirement has earned 32
7979 a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20) 33
8080 years service; final compensation for Cranston police department members is based on the 34
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8484 compensation components of weekly salary, longevity and holidays with longevity of the members 1
8585 highest year of earnings and members shall receive a three percent (3%) escalation of their pension 2
8686 payment compounded each year on January 1st following the year of retirement and continuing on 3
8787 an annual basis on that date; further, any illness or injury not covered in title 45 relating to the 4
8888 presumption of disability is governed by the collective bargaining agreement between the City of 5
8989 Cranston and members of the Cranston police department. 6
9090 (9) Any member of the Hopkinton police department may retire pursuant to this subdivision 7
9191 upon written application to the board stating at what time the member desires to retire; provided, 8
9292 that the member at the specified time for retirement has earned a service retirement allowance of 9
9393 fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation 10
9494 for Hopkinton police department members is based on the compensation components of weekly 11
9595 salary, longevity and holidays with longevity of the members highest year of earnings and members 12
9696 shall receive a three percent (3%) escalation of their pension payment compounded each year on 13
9797 January 1st following the year of retirement and continuing on an annual basis on that date. 14
9898 (10) Any member of the Richmond police department may retire pursuant to this 15
9999 subdivision upon written application to the board stating at what time the member desires to retire; 16
100100 provided, that the member at the specified time for retirement has earned a service retirement 17
101101 allowance of fifty percent (50%) of final compensation for at least twenty-two (22) years’ service 18
102102 pursuant to § 45-21.2-6.3. 19
103103 (11) Notwithstanding any provision in this section to the contrary, for any service on or 20
104104 after July 1, 2012, final compensation shall be defined in accordance with § 45-21.2-2, and no 21
105105 benefit adjustments shall be provided except as set forth in §  45-21-52(c). 22
106106 (12) Notwithstanding any provisions of this section to the contrary, with respect to police 23
107107 officers employed by the town of Johnston, only those police officers hired on or after July 1, 2010, 24
108108 shall be eligible to be members of the Municipal Employees’ Retirement System of the state of 25
109109 Rhode Island in accordance with this chapter. 26
110110 (b) Retirement of a member on a service retirement allowance eligible to retire on and after 27
111111 July 1, 2012, shall be made by the retirement board as follows: 28
112112 (1) Any member may retire pursuant to this subdivision upon written application to the 29
113113 board stating at what time the member desires to retire; provided, that the member at the specified 30
114114 time for retirement attained the age of at least fifty-five (55) years and has completed at least 31
115115 twenty-five (25) years of total service, and notwithstanding that the member may have separated 32
116116 from service; or 33
117117 (2) Effective July 1, 2015, the member makes contributions to the plan effective July 1, 34
118118
119119
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121121 2015, in accordance with § 45-21.2-14, and (i) The member at the specified time for retirement 1
122122 attained the age of at least fifty (50) years and has completed at least twenty-five (25) years of total 2
123123 service; or (ii) The member has completed at least twenty-seven (27) years of total service 3
124124 regardless of the member’s attained age, and notwithstanding that the member may have separated 4
125125 from service. 5
126126 (3) Any member with contributory service on or after July 1, 2012, who has completed at 6
127127 least five (5) years of contributory service but who has not completed twenty-five (25) years of 7
128128 service, shall be eligible to retire upon the attainment of the member’s Social Security retirement 8
129129 age. 9
130130 (4) If a member had ten (10) or more years of contributory service and attained age forty-10
131131 five (45) prior to July 1, 2012, and would have been eligible to retire at or prior to age fifty-two 11
132132 (52) in accordance with the rules in effect prior to July 1, 2012, the member may retire upon 12
133133 attainment of age fifty-two (52). 13
134134 (5) Effective July 1, 2015, a member who has completed twenty (20) or more years of total 14
135135 service who has attained an age within five (5) years of the eligible retirement age under 15
136136 subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above, may elect to retire provided that the 16
137137 retirement allowance shall be reduced actuarially for each month that the age of the member is less 17
138138 than the eligible retirement age under subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above in 18
139139 accordance with the following table: 19
140140 Year Preceding Retirement Cumulative Annual Reduction Cumulative Monthly 20
141141 Reduction 21
142142 For Year 1 9% .75% 22
143143 For Year 2 8% .667% 23
144144 For Year 3 7% .583% 24
145145 For Year 4 7% .583% 25
146146 For Year 5 7% .583% 26
147147 (6) Notwithstanding any other provisions of this section, a member on June 30, 2012, may 27
148148 elect to retire at his or her eligible retirement date as determined under the rules in effect on June 28
149149 30, 2012, provided that a member making an election under this paragraph shall receive the 29
150150 member’s retirement benefit determined and calculated based on the member’s service and final 30
151151 compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner 31
152152 to protect a member’s accrued benefit on June 30, 2012. 32
153153 (7) Effective July 1, 2025, a member who has attained age fifty-seven (57) or more, with 33
154154 at least twenty (20) years of service, may elect to retire, without a reduction, as set forth in 34
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158158 subsection (b)(5) of this section. 1
159159 SECTION 2. This act shall take effect upon passage. 2
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166166 EXPLANATION
167167 BY THE LEGISLATIVE COUNCIL
168168 OF
169169 A N A C T
170170 RELATING TO TOWNS AN D CITIES -- OPTIONAL RETIREMENT FOR MEMB ERS OF
171171 POLICE FORCE AND FIREFIGHTERS
172172 ***
173173 This act would afford an option for police and firefighters to receive retirement allowances, 1
174174 without reduction, who seek retirement after twenty (20) years of service, upon reaching age fifty-2
175175 seven (57). 3
176176 This act would take effect upon passage. 4
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