2018 -- S 2124

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LC003492

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES

     

     Introduced By: Senators Coyne, Seveney, DiPalma, Lombardi, and Crowley

     Date Introduced: January 23, 2018

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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

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

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     36-10-1. Member contributions -- Deduction from compensation.

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     (a) Prior to July 1, 2012, each member of the retirement system shall contribute an

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amount equal to eight and three-quarters percent (8.75%) of his or her compensation as his or her

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share of the cost of annuities, benefits, and allowances. Effective July 1, 2012, each member of

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the retirement system shall contribute an amount equal to three and three quarters percent

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(3.75%) of his or her compensation, except for correctional officers as defined in § 36-10-9.2 who

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shall contribute an amount equal to eight and three quarters percent (8.75%) of his or her

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compensation. Effective July 1, 2015, each member of the retirement system, except for

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correctional officers as defined in § 36-10-9.2, with twenty (20) or more years of total service as

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of June 30, 2012 shall contribute an amount equal to eleven percent (11%) of compensation.

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Effective July 1, 2018, state employees employed as deputy sheriffs, capitol police officers,

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environmental police officers, juvenile program workers, shift coordinators, firefighters, crew

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chiefs, assistant chiefs, and campus police officers employed by the state of Rhode Island and/or

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executive military staff shall contribute an amount equal to ten percent (10%) of their

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compensation.

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     The contributions shall be made in the form of deductions from compensation.

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     (b) The deductions provided for herein shall be made notwithstanding that the minimum

 

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compensation provided by law for any member shall be reduced thereby. Every member shall be

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deemed to consent and agree to the deductions made and provided for herein and receipt of his or

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her full compensation and payment of compensation, less the deductions, shall be a full and

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complete discharge and acquittance of all claims and demands whatsoever for the services

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rendered by the person during the period covered by the payment except as to the benefit

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provided under this chapter.

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     SECTION 2. Section 36-10.3-1 of the General Laws in Chapter 36-10.3 entitled "Defined

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Contribution Retirement Plan" is hereby amended to read as follows:

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     36-10.3-1. Definitions.

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     As used in this chapter, the following terms, unless the context requires a different

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interpretation, shall have the following meanings:

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     (1) "Compensation" means compensation as defined in section 36-8-1(8).

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     (2) "Employee" means an employee as defined in §§ 36-8-1(9) and 45-21-2(7) and a

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teacher as defined in § 16-16-1(12), effective July 1, 2012; provided however, effective July 1,

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2015, "employee" shall not include any employee with twenty (20) or more years of total service

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as of June 30, 2012 in the employees retirement system under chapters 8 through 10 of title 36 or

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chapter 16 of title 16 (ERS), or the municipal employees retirement system under chapter 21 of

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title 45 (MERS); provided, however, effective July 1, 2018, "employee" shall not include deputy

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sheriffs, capitol police officers, environmental police officers, juvenile program workers, shift

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coordinators, firefighters, crew chiefs, assistant chiefs, and campus police officers employed by

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the state of Rhode Island and/or executive military staff.

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     (3) "Employer" means the State of Rhode Island or the local municipality which employs

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a member of the Employees Retirement System under chapters 8 through 10 of title 36 or chapter

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16 of title 16 (ERS) or the Municipal Employees Retirement System under chapters 21 and 21.2

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of title 45 (MERS).

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     (4) "Plan" means the retirement plan established by this chapter.

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     (5) A "public safety member" shall mean a member of MERS who is a municipal fire

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fighter or a municipal policeman or policewoman as defined in § 45-21.2-2 who does not

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participate in Social Security under the Federal Old Age, Survivors, and Disability income

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program.

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     (6) "Regular member" means:

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     (i) An employee who is a member of ERS other than correctional officers as defined in §

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36-10-9.2; or

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     (ii) An employee who is a member of MERS other than a public safety member.

 

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     (7) The "retirement board" or "board" shall mean the retirement board of the Employees

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Retirement System of Rhode Island as defined in Chapter 36-8. The retirement board shall be the

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plan administrator and plan trustee and shall administer the plan in accordance with § 36-8-4.1.

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     (8) "State investment commission" or "commission" means the state investment

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commission as defined in § 35-10-1.

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     (9) "Supplemental employer" includes any employer that provides supplemental

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contributions to the defined contribution retirement plan as provided in § 36-10.3-3.

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     (10) "Supplemental member" is defined in § 36-10.3-3.

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     SECTION 3. Chapter 36-10 of the General Laws entitled "Retirement System-

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Contributions and Benefits" is hereby amended by adding thereto the following section:

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     36-10-9.8. Retirement on service allowance -- State law enforcement professionals.

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     (a) Effective July 1, 2018, notwithstanding any special law or general law, rule or

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regulation to the contrary, state employees employed as deputy sheriffs, capitol police officers,

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environmental police officers, juvenile program workers, shift coordinators, firefighters, crew

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chiefs, assistant chiefs, and campus police officers employed by the state of Rhode Island and/or

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executive military staff shall be entitled to the benefits provided by §§ 45-21.2-5, 45-21.2-6, 45-

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21.2-10, 45-21.2-11, 45-21.2-12, and 45-21.2-13.

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     (b) For members identified in subsection (a) of this section, service credits earned prior to

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July 1, 2018, shall be determined by the laws in effect on June 30, 2018.

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES

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     This act would move many state employee public safety professionals from the state

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retirement system to the municipal retirement system, effective July 1, 2018. It would set their

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retirement contribution to ten percent (10%) of their compensation.

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     This act would take effect upon passage.

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