2016 -- H 7725

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LC004708

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - RETIREMENT SYSTEM -

CONTRIBUTIONS AND BENEFITS - RETIRED TEACHERS

     Introduced By: Representatives Amore, Hearn, and Fogarty

     Date Introduced: February 24, 2016

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

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

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

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

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

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

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

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

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

department and by the retired member.

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

employed or reemployed by any municipality within the state that has accepted the provisions of

chapter 21 of title 45 and participates in the municipal employees' retirement system for a period

of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-

day pay in any one calendar year without any forfeiture or reduction of any retirement benefits

and allowances the member is receiving, or may receive, as a retired member. Pension payments

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

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

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

member.

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

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

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

retirement system.

      (d) Notwithstanding the provisions of this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

under this subsection;

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

title 16, or as a state employee who, while an active state employee, was certified to teach driver

education by the department of elementary and secondary education or by the board of governors

for higher education, may be employed or reemployed, on a part-time basis, by the department of

elementary and secondary education or by the board of governors of higher education for the

purpose of providing classroom instruction in driver education courses in accordance with § 31-

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10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event

shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any one

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

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

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

under this subsection; provided that:

     (i) Based upon a determination by the department of education that there does not exist

enough eligible part-time educators to teach certain subjects, or based on an anticipated need to

fill those positions, the department of education may petition the state retirement board to take

such reasonable steps as may be necessary to ensure that students' classroom experience is not

diminished by a lack of teachers in those subjects;

     (ii) The state retirement board, upon a finding that there does exist a shortage of part-time

teachers in certain subjects, may, by rule, allow retired members to exceed the restriction on

earnings in subsection (d)(3) of this section without having their retirement benefits reduced; and

     (iii) Retired members shall not exceed the restriction on earnings in subsection (d)(3) of

this section for more than two (2) consecutive years without having their retirement benefits

reduced.

      (4) Any retired member who retired from service as a registered nurse may be employed

or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or

services at a state-operated facility in Rhode Island. In no event shall "part-time" mean gross pay

of more than fifteen thousand dollars ($15,000) in any one calendar year. Any retired nurse who

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

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

additional service credits shall be granted for any service under this subsection; and

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

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

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

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

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

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

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

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

      (6) Any retired member of the system shall be permitted to serve as a municipal

employee without any forfeiture or reduction of any retirement benefits and allowances that he or

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she is receiving or may receive; provided, that said member shall be appointed by and serves at

the pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or

town subject to the provisions of chapter 9 of title 45 entitled "Budget Commissions" relating to

the appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor.

Provided further, that no additional service credits shall be granted for any service under this

subsection.

     (7) The state retirement board shall promulgate any rule or regulation, to the extent

necessary to protect the health, safety, and welfare of the residents of the state, and implement

any temporary measures that allow persons covered under subsection (d) of this section to exceed

any restriction on earnings that would normally result in a reduction of retirement benefits. Any

rule or regulation promulgated under this subsection shall be effective for no more than one year,

and may be renewed only upon a finding by the retirement board that the rule or regulation is

necessary for the health, safety, and welfare of the residents of the state.

     SECTION 2. This act shall take effect upon passage.

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LC004708

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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 - RETIRED TEACHERS

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     This act would permit retired teachers to exceed earnings limits if the department of

education determines there is a shortage of teachers in their subject.

     This act would take effect upon passage.

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