2018 -- S 2155

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LC003834

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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 -- POST RETIREMENT INCOME

     Introduced By: Senators Lombardi, and Kettle

     Date Introduced: January 23, 2018

     Referred To: Senate Judiciary

     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

reemployment 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 reemployed 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, elected town treasurer,

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 eighteen

thousand dollars ($18,000) 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-

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

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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;

     (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, including employment as a faculty member

of a nursing program at a state-operated college or university. In no event shall "part-time" mean

gross pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half

days with half pay 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. 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 reemployment shall

be sent monthly to the retirement board by the employer and by the retired member;

     (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

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.

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     SECTION 2. 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 -- POST RETIREMENT INCOME

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     This act would allow a retired member of the teachers, state employees, or municipal

retirement system to serve as an elected town treasurer without a suspension of their retirement

benefits.

     This act would take effect upon passage.

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