2025 -- H 6002
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LC002085
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
CONTRIBUTIONS AND BENEFITS
Introduced By: Representatives Cruz, Ajello, Potter, Casimiro, and Alzate
Date Introduced: February 28, 2025
Referred To: House 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 the member may be entitled by virtue of the provisions of title 16, 36, 6
or 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, for which they shall be entitled to 12
reimbursement for mileage and an hourly wage, if applicable, equal to that of full-time members 13
of the board or commission; provided, however, in no event shall the amount be greater than ten 14
thousand dollars ($10,000) per year, and shall continue to be eligible for, and receive, the retirement 15
allowance for service other than that as a mayor, administrator, council member, school committee 16
member, or member of any state board or commission or member of any part-time municipal board 17
or commission; provided, however, that no additional service credits shall be granted for any 18
service under this subsection; 19
(2) Any retired member, who retired from service at any state college, university, state 20
school, or who retired from service as a teacher under the provisions of title 16, or who retired from 21
service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state 22
college, university, or state school for the purpose of providing classroom instruction, academic 23
advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the 24
salary provided to other faculty members employed under a collective bargaining agreement at the 25
institution. In no event shall “part-time” mean gross pay of more than twenty-five thousand dollars 26
($25,000) in any one calendar year. Any retired member who provides such instruction or service 27
shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, 28
however, that no additional service credits shall be granted for any service under this subsection; 29
(3) Any retired member who retired from service as a teacher under the provisions of title 30
16, or as a state employee who, while an active state employee, was certified to teach driver 31
education by the department of elementary and secondary education or by the board of governors 32
for higher education, may be employed or reemployed, on a part-time basis, by the department of 33
elementary and secondary education or by the board of governors of higher education for the 34
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purpose of providing classroom instruction in driver education courses in accordance with § 31-1
10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event 2
shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one 3
calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or 4
reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; 5
provided, however, that no additional service credits shall be granted for any service under this 6
subsection; 7
(4) Any retired member who retired from service as a registered nurse may be employed 8
or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or 9
services at a state-operated facility in Rhode Island, including employment as a faculty member of 10
a nursing program at a state-operated college or university. In no event shall “part-time” mean gross 11
pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days 12
with half pay in any one calendar year. Any retired nurse who provides such care and/or services 13
shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse 14
is receiving as a retired nurse; provided, however, that no additional service credits shall be granted 15
for any service under this subsection. Pension payments shall be suspended whenever this period 16
is exceeded. No additional contributions shall be taken and no additional service credits shall be 17
granted for this service. Notice of this employment or reemployment shall be sent monthly to the 18
retirement board by the employer and by the retired member; 19
(5) Any retired member who, at the time of passage of this section, serves as a general 20
magistrate within the family court and thereafter retires from judicial service, may be employed or 21
reemployed by the family court to perform such services as a general magistrate of the family court 22
as the chief judge of the family court shall prescribe without any forfeiture or reduction of any 23
retirement benefits and allowances that the member is receiving or may receive. For any such 24
services or assignments performed after retirement, the general magistrate shall receive no 25
compensation whatsoever, either monetary or in kind. No additional contributions shall be taken 26
and no additional service credits shall be granted for this service; 27
(6) Any retired district court clerk/magistrate or magistrate of the district court who shall 28
subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be 29
employed or reemployed by the district court to perform such services as a magistrate as the chief 30
judge of the district court shall prescribe without any forfeiture or reduction of any retirement 31
benefits and allowance that they are receiving or may receive. For any such services or assignment 32
performed after retirement, the district court clerk/magistrate or magistrate shall receive, in addition 33
to their retirement pension, the difference in pay and fringe benefits between their retirement 34
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pension, and that of a sitting magistrate of the district court with comparable state service time. No 1
additional contributions shall be taken and no additional service credits shall be granted for this 2
service; and 3
(7) Any retired member of the system shall be permitted to serve as a municipal employee 4
without any forfeiture or reduction of any retirement benefits and allowances that the member is 5
receiving or may receive; provided, that said member shall be appointed by and serves at the 6
pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town 7
subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the 8
appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided 9
further, that no additional service credits shall be granted for any service under this subsection. 10
SECTION 2. This act shall take effect upon passage. 11
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
CONTRIBUTIONS AND BENEFITS
***
This act would permit retired state employees to receive mileage and wages, if applicable, 1
equal to that of full-time members of the board or commission; provided, however, in no event 2
shall the amount be greater than ten thousand dollars ($10,000) per year. 3
This act would take effect upon passage. 4
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