2014 -- H 7360

========

LC004014

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM--

CONTRIBUTIONS AND BENEFITS

     

     Introduced By: Representatives Lally, Guthrie, Johnston, Bennett, and Hull

     Date Introduced: February 06, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled

2

"Retirement System-Contributions and Benefits" is hereby amended to read as follows:

3

     36-10-36. Post retirement employment. -- (a) On and after July 7, 1994, no member

4

who has retired under the provisions of titles 16, 36, or 45 may be employed or reemployed by

5

any state agency or department unless any and all retirement benefits to which he or she may be

6

entitled by virtue of the provisions of titles 16, 36 or 45 are suspended for the duration of any

7

employment or reemployment. No additional service credits shall be granted for any post-

8

retirement employment or reemployment and no deductions shall be taken from an individual's

9

salary for retirement contribution. Notice of any such post-retirement employment or

10

reemployment shall be sent monthly to the retirement board by the employing agency or

11

department and by the retired member.

12

      (b) Any member who has retired under the provisions of titles 16, 36, or 45 may be

13

employed or reemployed by any municipality within the state, which municipality has accepted

14

the provisions of chapter 21 of title 45 and which participates in the municipal employees'

15

retirement system for a period of not more than seventy-five (75) working days or one hundred

16

fifty (150) half days with half day pay in any one calendar year without any forfeiture of or

17

reduction of any retirement benefits and allowances the member is receiving or may receive as a

18

retired member. Pension payments shall be suspended whenever this period is exceeded. No

 

1

additional contributions shall be taken and no additional service credits shall be granted for this

2

service. Notice of this employment or re-employment shall be sent monthly to the retirement

3

board by the employer and by the retired member.

4

      (c) Any member who has retired under the provisions of title 16, 36, or 45 may be

5

employed or re-employed by any municipality within the state which has not accepted the

6

provisions of chapter 21 of title 45 and which does not participate in the municipal employees'

7

retirement system.

8

      (d) Notwithstanding the provisions of this section:

9

      (1) Any retired member of the system shall be permitted to serve as an elected mayor,

10

the town administrator, the city administrator, the town manager, the city manager, the chief

11

administrative officer or the chief executive officer of any city or town, city or town council

12

member, school committee member, or unpaid member of any part-time state board or

13

commission or member of any part-time municipal board or commission, and shall continue to be

14

eligible for and receive the retirement allowance for service other than that as a mayor,

15

administrator, council member, school committee member, or member of any state board or

16

commission or member of any part-time municipal board or commission; provided, however, that

17

no additional service credits shall be granted for any service under this subsection;

18

      (2) Any retired member who retired from service at any state college, university, state

19

school, or who retired from service as a teacher under the provisions of title 16, or who retired

20

from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by

21

any state college, university or state school for the purpose of providing classroom instruction,

22

academic advising of students and/or coaching. Compensation shall be provided at a level not to

23

exceed the salary provided to other faculty members employed under a collective bargaining

24

agreement at the institution. In no event shall "part-time" mean gross pay of more than fifteen

25

thousand dollars ($15,000) in any one calendar year. Any retired member who provides such

26

instruction or service shall do so without forfeiture or reduction of any retirement benefit or

27

allowance; and provided, however, that no additional service credits shall be granted for any

28

service under this subsection;

29

      (3) Any retired member who retired from service as a teacher under the provisions of

30

title 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 for higher education for the

34

purpose of providing classroom instruction in driver education courses in accordance with section

 

LC004014 - Page 2 of 4

1

31-10-19 and/or motorcycle driver education courses in accordance with section 31-10.1-1.1. In

2

no event shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any

3

one calendar year. Any retired teacher who provides that instruction shall do so without forfeiture

4

or reduction of any retirement benefit or allowance the retired teacher is receiving as a retired

5

teacher; provided, however, that no additional service credits shall be granted for any service

6

under this subsection; and

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. In no event shall "part-time" mean gross pay of

11

more than twelve thousand dollars ($12,000) a period of seventy-five (75) working days or one

12

hundred fifty (150) half days with half pay in any one calendar year. Any retired nurse who

13

provides such care and/or services shall do so without forfeiture or reduction of any retirement

14

benefit or allowance the retired nurse is receiving as a retired nurse; provided, however, that no

15

additional service credits shall be granted for any service under this subsection. Pension payments

16

shall be suspended whenever this period is exceeded. No additional contributions shall be taken

17

and no additional service credits shall be granted for this service. Notice of this employment or

18

re-employment shall be sent monthly to the retirement board by the employer and by the retired

19

member.

20

      (5) Any retired member who at the time of passage of this section serves as a general

21

magistrate within the family court and thereafter retires from judicial service, may be employed

22

or reemployed by the family court to perform such services as a general magistrate of the family

23

court as the chief judge of the family court shall prescribe, without any forfeiture of or reduction

24

of any retirement benefits and allowances that he or she is receiving or may receive. For any such

25

services or assignments performed after retirement, the general magistrate shall receive no

26

compensation whatsoever, either monetary or in kind. No additional contributions shall be taken

27

and no additional service credits shall be granted for this service.

28

     SECTION 2. This act shall take effect upon passage.

========

LC004014

========

 

LC004014 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM--

CONTRIBUTIONS AND BENEFITS

***

1

     This act would allow retired state employee nurses to return to state work for no more

2

than seventy-five (75) working days or one hundred fifty (150) half days with half pay, before

3

their pension payments would be suspended.

4

     This act would take effect upon passage.

========

LC004014

========

 

LC004014 - Page 4 of 4