Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0414 Compare Versions

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55 2025 -- S 0414
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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 PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
1616 CONTRIBUTIONS AND BENEFITS
1717 Introduced By: Senators Bissaillon, Ciccone, Dimitri, Appollonio, Britto, McKenney,
1818 and Burke
1919 Date Introduced: February 26, 2025
2020 Referred To: Senate Finance
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2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement 1
2525 System — Contributions and Benefits" is hereby amended to read as follows: 2
2626 36-10-36. Post-retirement employment. 3
2727 (a) On and after July 7, 1994, no member who has retired under the provisions of title 16, 4
2828 36, or 45 may be employed or reemployed by any state agency or department unless any and all 5
2929 retirement benefits to which the member may be entitled by virtue of the provisions of title 16, 36, 6
3030 or 45 are suspended for the duration of any employment or reemployment. No additional service 7
3131 credits shall be granted for any post-retirement employment or reemployment and no deductions 8
3232 shall be taken from an individual’s salary for retirement contribution. Notice of any such post-9
3333 retirement employment or reemployment shall be sent monthly to the retirement board by the 10
3434 employing agency or department and by the retired member. 11
3535 (b) Any member who has retired under the provisions of title 16, 36, or 45 may be 12
3636 employed or reemployed by any municipality within the state that has accepted the provisions of 13
3737 chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period 14
3838 of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day 15
3939 pay in any one calendar year without any forfeiture or reduction of any retirement benefits and 16
4040 allowances the member is receiving, or may receive, as a retired member. Pension payments shall 17
4141 be suspended whenever this period is exceeded. No additional contributions shall be taken, and no 18
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4545 additional service credits shall be granted, for this service. Notice of this employment or 1
4646 reemployment shall be sent monthly to the retirement board by the employer and by the retired 2
4747 member. 3
4848 (c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed 4
4949 or reemployed by any municipality within the state that has not accepted the provisions of chapter 5
5050 21 of title 45 and that does not participate in the municipal employees’ retirement system. 6
5151 (d) Notwithstanding the provisions of this section: 7
5252 (1) Any retired member of the system shall be permitted to serve as an elected mayor, the 8
5353 town administrator, the city administrator, the town manager, the city manager, the chief 9
5454 administrative officer, or the chief executive officer of any city or town, city or town council 10
5555 member, school committee member, Rhode Island state labor relations board member, or unpaid 11
5656 member of any part-time state board or commission or member of any part-time municipal board 12
5757 or commission, and shall continue to be eligible for, and receive, the retirement allowance for 13
5858 service other than that as a mayor, administrator, council member, school committee member, or 14
5959 member of any state board or commission or member of any part-time municipal board or 15
6060 commission; provided, however, that no additional service credits shall be granted for any service 16
6161 under this subsection; 17
6262 (2) Any retired member, who retired from service at any state college, university, state 18
6363 school, or who retired from service as a teacher under the provisions of title 16, or who retired from 19
6464 service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state 20
6565 college, university, or state school for the purpose of providing classroom instruction, academic 21
6666 advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the 22
6767 salary provided to other faculty members employed under a collective bargaining agreement at the 23
6868 institution. In no event shall “part-time” mean gross pay of more than twenty-five thousand dollars 24
6969 ($25,000) in any one calendar year. Any retired member who provides such instruction or service 25
7070 shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, 26
7171 however, that no additional service credits shall be granted for any service under this subsection; 27
7272 (3) Any retired member who retired from service as a teacher under the provisions of title 28
7373 16, or as a state employee who, while an active state employee, was certified to teach driver 29
7474 education by the department of elementary and secondary education or by the board of governors 30
7575 for higher education, may be employed or reemployed, on a part-time basis, by the department of 31
7676 elementary and secondary education or by the board of governors of higher education for the 32
7777 purpose of providing classroom instruction in driver education courses in accordance with § 31-33
7878 10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event 34
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8282 shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one 1
8383 calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or 2
8484 reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; 3
8585 provided, however, that no additional service credits shall be granted for any service under this 4
8686 subsection; 5
8787 (4) Any retired member who retired from service as a registered nurse may be employed 6
8888 or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or 7
8989 services at a state-operated facility in Rhode Island, including employment as a faculty member of 8
9090 a nursing program at a state-operated college or university. In no event shall “part-time” mean gross 9
9191 pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days 10
9292 with half pay in any one calendar year. Any retired nurse who provides such care and/or services 11
9393 shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse 12
9494 is receiving as a retired nurse; provided, however, that no additional service credits shall be granted 13
9595 for any service under this subsection. Pension payments shall be suspended whenever this period 14
9696 is exceeded. No additional contributions shall be taken and no additional service credits shall be 15
9797 granted for this service. Notice of this employment or reemployment shall be sent monthly to the 16
9898 retirement board by the employer and by the retired member; 17
9999 (5) Any retired member who, at the time of passage of this section, serves as a general 18
100100 magistrate within the family court and thereafter retires from judicial service, may be employed or 19
101101 reemployed by the family court to perform such services as a general magistrate of the family court 20
102102 as the chief judge of the family court shall prescribe without any forfeiture or reduction of any 21
103103 retirement benefits and allowances that the member is receiving or may receive. For any such 22
104104 services or assignments performed after retirement, the general magistrate shall receive no 23
105105 compensation whatsoever, either monetary or in kind. No additional contributions shall be taken 24
106106 and no additional service credits shall be granted for this service; 25
107107 (6) Any retired district court clerk/magistrate or magistrate of the district court who shall 26
108108 subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be 27
109109 employed or reemployed by the district court to perform such services as a magistrate as the chief 28
110110 judge of the district court shall prescribe without any forfeiture or reduction of any retirement 29
111111 benefits and allowance that they are receiving or may receive. For any such services or assignment 30
112112 performed after retirement, the district court clerk/magistrate or magistrate shall receive, in addition 31
113113 to their retirement pension, the difference in pay and fringe benefits between their retirement 32
114114 pension, and that of a sitting magistrate of the district court with comparable state service time. No 33
115115 additional contributions shall be taken and no additional service credits shall be granted for this 34
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119119 service; and 1
120120 (7) Any retired member of the system shall be permitted to serve as a municipal employee 2
121121 without any forfeiture or reduction of any retirement benefits and allowances that the member is 3
122122 receiving or may receive; provided, that said member shall be appointed by and serves at the 4
123123 pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town 5
124124 subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the 6
125125 appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided 7
126126 further, that no additional service credits shall be granted for any service under this subsection. 8
127127 SECTION 2. This act shall take effect upon passage. 9
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134134 EXPLANATION
135135 BY THE LEGISLATIVE COUNCIL
136136 OF
137137 A N A C T
138138 RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
139139 CONTRIBUTIONS AND BENEFITS
140140 ***
141141 This act would permit paid members on the state labor relations board to continue to receive 1
142142 their retirement benefits. 2
143143 This act would take effect upon passage. 3
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