2018 -- S 2965

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LC005837

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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 RETIREMENT

     Introduced By: Senators Ciccone, Lynch Prata, Lombardi, Felag, and Gallo

     Date Introduced: June 07, 2018

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 8-3-16 and 8-3-17 of the General Laws in Chapter 8-3 entitled

"Justices of Supreme, Superior, and Family Courts" are hereby amended to read as follows:

     8-3-16. Retirement contribution.

     (a) Judges engaged after December 31, 1989 shall have deducted from total salary

beginning December 31, 1989 and ending June 30, 2012 an amount equal to a rate percent of

compensation as specified in § 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges whether engaged before or after December 31,

1989 shall have deducted from compensation as defined in subsection 36-8-1(8) an amount equal

to twelve percent (12%) of compensation, except active Supreme Court Judges as of June 30,

2012 who shall have deducted from compensation as defined in section 36-8-1(8) an amount

equal to the percent of compensation in effect on June 30, 2012. Proceeds deposited shall be held

in trust for the purpose of paying retirement benefits to participating judges or their beneficiaries

on the date contributions are withheld but no later than three (3) business days following the pay

period ending in which contributions were withheld. The retirement board shall establish rules

and regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A member of the judiciary who withdraws from service or ceases to be a member

for any reason other than retirement, shall be paid on demand a refund consisting of the

accumulated contributions standing to his or her credit in his or her individual account in the

judicial retirement benefits account. Any member receiving a refund shall thereby forfeit and

relinquish all accrued rights as a member of the system together with credits for total service

previously granted to the member; provided, however, that if any member who has received a

refund shall subsequently reenter the service and again become a member of the system, he or she

shall have the privilege of restoring all money previously received or disbursed to his or her credit

as refund of contributions plus regular interest for the period from the date of refund to the date of

restoration. Upon the repayment of the refund as herein provided, the member shall again receive

credit for the amount of total service which he or she had previously forfeited by the acceptance

of the refund.

     (c)(d) Whenever any judge dies from any cause before retirement and has no surviving

spouse, domestic partner or minor child(ren), a payment shall be made of the accumulated

contributions standing to his or her credit in his or her individual account in the judicial

retirement benefits account. The payment of the accumulated contributions of the judge shall be

made to such person as the judge shall have nominated by written designation duly executed and

filed with the retirement board, or if the judge has filed no nomination, or if the person so

nominated has died, then to the estate of the deceased judge.

     8-3-17. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by § 8-3-16 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which will

pay a rate percent of the compensation paid after December 31, 1989 to judges engaged after

December 31, 1989. Such rate percent shall be computed and certified in accordance with the

procedures set forth in §§ 36-8-13 and 36-10-2 under rules and regulations promulgated by the

retirement board pursuant to § 36-8-3. The amounts that would have been contributed shall be

deposited in a special fund and not used for any purpose on the date contributions are withheld

but no later than three (3) business days following the pay period ending in which contributions

were withheld.

     SECTION 2. Sections 8-8-10.1 and 8-8-10.2 of the General Laws in Chapter 8-8 entitled

"District Court" are hereby amended to read as follows:

     8-8-10.1. Retirement contribution.

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     (a) Judges engaged after December 31, 1989 shall have deducted from total salary

beginning December 31, 1989 and ending June 30, 2012 an amount equal to a rate percent of

compensation as specified in § 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges whether engaged before or after December

31,1989 shall have deducted from compensation as defined in subsection 36-8-1(8) an amount

equal to twelve percent (12%) of compensation. The receipts collected under this provision shall

be deposited in a restricted revenue account entitled "Judicial retirement benefits" on the date

contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld. Proceeds deposited in this account shall be held in

trust for the purpose of paying retirement benefits to participating judges or their beneficiaries.

The retirement board shall establish rules and regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A member of the judiciary who withdraws from service or ceases to be a member

for any reason other than retirement shall be paid on demand a refund consisting of the

accumulated contributions standing to his or her credit in his or her individual account in the

judicial retirement benefits account. Any member receiving a refund shall thereby forfeit and

relinquish all accrued rights as a member of the system together with credits for total service

previously granted to the member; provided, however, that if any member who has received a

refund shall subsequently reenter the service and again become a member of the system, the

member shall have the privilege of restoring all money previously received or disbursed to his or

her credit as refund of contributions plus regular interest for the period from the date of refund to

the date of restoration. Upon the repayment of the refund as herein provided, the member shall

again receive credit for the amount of total service which he or she had previously forfeited by

the acceptance of the refund.

     (c)(d) Whenever any judge dies from any cause before retirement and has no surviving

spouse, domestic partner or minor child(ren), a payment shall be made of the accumulated

contributions standing to his or her credit in his or her individual account in the judicial

retirement benefits account. The payment of the accumulated contributions of the judge shall be

made to such person as the judge shall have nominated by written designation duly executed and

filed with the retirement board, or if the judge has filed no nomination, or if the person so

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nominated has died, then to the estate of the deceased judge.

     8-8-10.2. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by § 8-8-10.1 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which will

pay a rate percent of the compensation paid after December 31, 1989 to judges engaged after

December 31, 1989. The rate percent shall be computed and certified in accordance with the

procedures set forth in § 36-8-13 and § 36-10-2 under rules and regulations promulgated by the

retirement board pursuant to § 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.

     SECTION 3. Sections 8-8.2-7 and 8-8.2-8 of the General Laws in Chapter 8-8.2 entitled

"Traffic tribunal" are hereby amended to read as follows:

     8-8.2-7. Retirement contribution.

     (a) Judges of the administrative adjudication court engaged after December 31, 1989 who

are reassigned by this chapter to the traffic tribunal shall have deducted from their total salary

beginning December 31, 1989 and ending June 30, 2012, an amount equal to a rate percent of

compensation as specified in § 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges whether engaged before or after December

31,1989 shall have deducted from compensation as defined in 36-8-1(8) an amount equal to

twelve percent (12%) of compensation. The receipts collected under this provision shall be

deposited in a restricted revenue account entitled "administrative adjudication retirement

benefits" on the date contributions are withheld but no later than three (3) business days following

the pay period ending in which contributions were withheld. Proceeds deposited in this account

shall be used to pay judges' retirement costs. The retirement board shall establish rules and

regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A judge of the administrative adjudication court reassigned by this chapter to the

traffic tribunal who withdraws from service or ceases to be a member for any reason other than

death or retirement, shall be paid on demand a refund consisting of the accumulated contributions

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standing to his or her credit in his or her individual account in the administrative adjudication

retirement benefits account. Any member receiving a refund shall thereby forfeit and relinquish

all accrued right as a member of the system together with credits for total service previously

granted to the member; provided, however, that if any member who has received a refund shall

subsequently reenter the service and again become a member of the system, he or she shall have

the privilege of restoring all moneys previously received or disbursed to his or her credit as a

refund of contributions plus regular interest for the period from the date of refund to the date of

restoration. Upon the repayment of the refund as herein provided, such member shall again

receive credit for the amount of total service which he or she had previously forfeited by the

acceptance of the refund.

     (c)(d) Whenever any judge of the administrative adjudication court dies from any cause

before retirement and has no surviving spouse or domestic partner or minor child(ren), a payment

shall be made of the accumulated contributions standing to his or her credit in his or her

individual account in the administrative adjudication court judges' retirement account. The

payment of the accumulated contributions of the judge shall be made to such person as the judge

shall have nominated by written designation duly executed and filed with the retirement board, or

if the judge has no filed nomination, or if the person so nominated has died, then to the estate of

the deceased judge.

     8-8.2-8. State contributions.

     The state of Rhode Island shall make its contribution for maintaining the system

established by § 8-8.2-7 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter, by annually appropriating an amount which will

pay a rate percent of the compensation paid after December 31, 1989 to judges of the

administrative adjudication court engaged after December 31, 1989 who are reassigned by this

chapter to the traffic tribunal. The rate percent shall be computed and certified in accordance with

the procedures set forth in § 36-8-13 and § 36-10-2 under rules and regulations promulgated by

the retirement board pursuant to § 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.

     SECTION 4. Sections 16-16-22 and 16-16-22.1 of the General Laws in Chapter 16-16

entitled "Teachers' Retirement [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" are hereby amended to read as follows:

     16-16-22. Contributions to state system.

     (a) Prior to July 1, 2012, each teacher shall contribute into the system nine and one-half

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percent (9.5%) of compensation as his or her share of the cost of annuities, benefits, and

allowances. Effective July 1, 2012, each teacher shall contribute an amount equal to three and

three quarters percent (3.75%) of his or her compensation. Effective July 1, 2015, each teacher

with twenty (20) or more years of total service as of June 30, 2012, shall contribute an amount

equal to eleven percent (11%) of his or her compensation. The employer contribution on behalf of

teacher members of the system shall be in an amount that will pay a rate percent of the

compensation paid to the members, according to the method of financing prescribed in the State

Retirement Act in chapters 8 -- 10 and 10.3 of title 36. This amount shall be paid forty percent

(40%) by the state, and sixty percent (60%) by the city, town, local educational agency, or any

formalized commissioner approved cooperative service arrangement by whom the teacher

members are employed, with the exception of teachers who work in federally funded projects and

further with the exception of any supplemental contributions by a local municipality employer

under chapter 36-10.3 which supplemental employer contributions shall be made wholly by the

local municipality. Provided, however, that the rate percent paid shall be rounded to the nearest

hundredth of one percent (.01%).

     (b) The employer contribution on behalf of teacher members of the system who work in

fully or partially federally funded programs shall be prorated in accordance with the share of the

contribution paid from the funds of the federal, city, town, or local educational agency, or any

formalized commissioner approved cooperative service arrangement by whom the teacher

members are approved.

     (c) In case of the failure of any city, town, or local educational agency, or any formalized

commissioner approved cooperative service arrangement to pay to the state retirement system the

amounts due from it under this section within the time prescribed, the general treasurer is

authorized to deduct the amount from any money due the city, town, or local educational agency

from the state.

     (d) The employer's contribution shared by the state shall be paid in the amounts

prescribed in this section for the city, town, or local educational agency and under the same

payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local

educational agency or any formalized commissioner approved cooperative service arrangement

shall remit to the general treasurer of the state the local employer's share of the teacher's

retirement payments on a monthly basis, payable by the fifteenth (15th) of the following month

on the date contributions are withheld but no later than three (3) business days following the pay

period ending in which contributions were withheld. The amounts that would have been

contributed shall be deposited by the state in a special fund and not used for any purpose. The

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general treasurer, upon receipt of the local employer's share, shall effect transfer of a matching

amount of money from the state funds appropriated for this purpose by the general assembly into

the retirement fund.

     Upon reconciliation of the final amount owed to the retirement fund for the employer

share, the state shall ensure that any local education aid reduction assumed for the FY 2010

revised budget in excess of the actual savings is restored to the respective local entities.

     (e) This section is not subject to §§ 45-13-7 through 45-13-10.

     16-16-22.1. City or town payment of teacher member contributions.

     (a) Each city or town, pursuant to the provisions of § 414(h)(2) of the United States

Internal Revenue Code, 26 U.S.C. § 414(h)(2), may, pursuant to appropriate local action by the

city or town, pick up and pay the contributions which would be payable by the employees as

teacher members under § 16-16-22. The contributions so picked up shall be treated as employer

contributions in determining tax treatment under the United States Internal Revenue Code.

Employee contributions picked up pursuant to this section shall be treated and identified as

teacher member contributions for all purposes of the retirement system except as specifically

provided to the contrary in this section.

     (b) Teacher member contributions picked up by a city or town shall be paid from the

same source of funds used for the payment of compensation to a teacher member. A deduction

shall be made from a teacher member's compensation equal to the amount of his or her

contributions picked up by his or her city or town employer. This deduction, however, shall not

reduce his or her compensation for purposes of computing benefits under the retirement system

pursuant to this chapter or chapter 10 of title 36. Picked up contributions shall be transmitted to

the retirement system in accordance with the provisions of § 16-16-22 and § 36-10-1, on the date

contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld.

     (c) Every employer required to deduct and withhold member contributions and to

transmit same to the retirement system is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (d) The liability of an employer who fails to segregate such trust funds, or refuses to

deduct and withhold member contributions from its employees, is enforceable by the Retirement

Board through an appropriate action in the superior court. The general treasurer is also authorized

to deduct the amount due from any money due the employer from the state.

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     SECTION 5. Sections 28-30-18.1 and 28-30-18.2 of the General Laws in Chapter 28-30

entitled "Workers' Compensation Court" are hereby amended to read as follows:

     28-30-18.1. Retirement contribution.

     (a) Workers' compensation judges engaged after December 31, 1989, shall have deducted

from total salary beginning December 31, 1989 and ending on June 30, 2012, an amount equal to

a rate percent of compensation as specified in § 36-10-1 relating to member contributions to the

state retirement system. Effective July 1, 2012, all active workers' compensation judges whether

engaged before or after December 31, 1989, shall have deducted from compensation as defined in

§ 36-8-1(8) an amount equal to twelve percent (12%) of compensation. The receipts collected

under this provision shall be deposited in a restricted revenue account entitled "workers'

compensation judges' retirement benefits" on the date contributions are withheld but no later than

three (3) business days following the pay period ending in which contributions were withheld.

Proceeds deposited in this account shall be held in trust for the purpose of paying retirement

benefits to participating judges or their beneficiaries. The retirement board shall establish rules

and regulations to govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (b)(c) A judge of the court who withdraws from service or ceases to be a judge for any

reason other than retirement shall be paid on demand a refund consisting of the accumulated

contributions standing to his or her credit in his or her individual account in the workers'

compensation judges' retirement benefits account. Any judge receiving a refund shall forfeit and

relinquish all accrued rights as a member of the system together with credits for total service

previously granted to the judge; provided, that if any judge who has received a refund

subsequently reenters the service and again becomes a member of the system, he or she shall have

the privilege of restoring all money previously received or disbursed to his or her credit as refund

of contributions, together with regular interest for the time period from the date of refund to the

date of restoration. Upon the repayment of the refund, the judge shall again receive credit for the

amount of total service that he or she had previously forfeited by the acceptance of the refund.

     (c)(d) Whenever any judge of the workers' compensation court dies from any cause

before retirement and has no surviving spouse, domestic partner or minor child(ren), a payment

shall be made of the accumulated contributions standing to his or her credit in his or her

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individual account in the workers' compensation judges' retirement account. The payment of the

accumulated contributions of the judge shall be made to such person as the judge shall have

nominated by written designation duly executed and filed with the retirement board, or if the

judge has filed no nomination, or if the person so nominated has died, then to the estate of the

deceased judge.

     28-30-18.2. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by § 28-30-18.1 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by annually appropriating an amount which will

pay a rate percent of the compensation paid after December 31, 1989, to judges engaged after

December 31, 1989. The rate percent shall be computed and certified in accordance with the

procedures set forth in §§ 36-8-13 and 36-10-2 under rules and regulations promulgated by the

retirement board pursuant to § 36-8-3 and shall be transmitted on the date contributions are

withheld but no later than three (3) business days following the pay period ending in which

contributions were withheld.

     SECTION 6. Sections 36-10-1.1 and 36-10-2 of the General Laws in Chapter 36-10

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

     36-10-1.1. Department payment of member contributions.

     (a) Each department, pursuant to the provisions of § 414(h)(2) of the United States

Internal Revenue Code, 26 U.S.C. § 414(h)(2), shall pick up and pay the contributions which

would be payable by the employees as members under §§ 36-10-1, 8-3-16, 8-8-10.1, 8-8.2-7, 28-

30-18.1, and 42-28-22.1. The contributions so picked up shall be treated as employer

contributions in determining tax treatment under the United States Internal Revenue Code; and

shall not be included as gross income of the employee until such time as they are distributed.

Employee contributions which are picked up pursuant to this section shall be treated and

identified as member contributions for all purposes of the retirement system except as specifically

provided to the contrary in this section.

     (b) Member contributions picked up by a department shall be paid from the same source

of funds used for the payment of compensation to a member. A deduction shall be made from a

member's compensation equal to the amount of his or her contributions picked up by his or her

departmental employer. This deduction, however, shall not reduce his or her compensation for

purposes of computing benefits under the applicable retirement system. Picked up contributions

shall be transmitted to the retirement system in accordance with the provisions of § 36-10-1, on

the date contributions are withheld but no later than three (3) business days following the pay

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period ending in which contributions were withheld.

     (c) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     36-10-2. State contributions.

     (a) The State of Rhode Island shall make its contribution for the maintenance of the

system, including the proper and timely payment of benefits in accordance with the provisions of

this chapter and chapters 8, 16, 28, 31 and 42 of this title, by annually appropriating an amount

equal to a percentage of the total compensation paid to the active membership. The percentage

shall be computed by the actuary employed by the retirement system and shall be certified by the

retirement board to the director of administration on or before the fifteenth day of October in each

year. In arriving at the yearly employer contribution the actuary shall determine the value of:

     (1) The contributions made by the members;

     (2) Income on investments; and

     (3) Other income of the system.

     (b) The Actuary shall thereupon compute the yearly employer contribution that will:

     (1) Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;

     (2) Amortize the unfunded liability of the system in accordance with section 36-10-

2.1(b).

     (c) The State of Rhode Island shall remit to the general treasurer the employer's share of

the contribution for state employees, state police, and judges on a payroll frequency basis, on the

date contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld, and for teachers in a manner pursuant to § 16-16-

22.

     (d) (1) In accordance with the intent of § 36-8-20 that the retirement system satisfy the

requirements of § 401(a) of the Internal Revenue Code of 1986, the state shall pay to the

retirement system:

     (i) By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators

pursuant to § 36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus accrued

interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991, and

ending June 30, 1995, but this amount shall be paid only if § 36-10-10.1(e) becomes effective

January 1, 1995; and

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     (ii) By December 31, 1994, twenty million seven hundred eighty eight thousand eight

hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount

at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this

payment is completed (reduced by amortized amounts already repaid to the retirement system

with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990 -- June 30,

1991); and

     (iii) By June 30, 1995, the sum of the amounts paid by the retirement system for retiree

health benefits described in § 36-12-4 for all fiscal years beginning July 1, 1989, and ending June

30, 1994, to the extent that the amounts were not paid from the restricted fund described in

subsection (c).

     (2) Any and all amounts paid to the retirement system under this subsection shall not

increase the amount otherwise payable to the system by the state of Rhode Island under

subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the

amortization bases and other accounts of the retirement system as he or she deems appropriate to

carry out the provisions and intent of this subsection.

     (e) In addition to the contributions provided for in subsection (a) through (c) and in order

to provide supplemental employer contributions to the retirement system, commencing in fiscal

year 2006, and each year thereafter:

     (1) Except for fiscal year 2009, fiscal year 2010 and fiscal year 2011, for each fiscal year

in which the actuarially determined state contribution rate for state employees, including state

contributions under chapter 36-10.3, is lower than that for the prior fiscal year, the governor shall

include an appropriation to that system equivalent to twenty percent (20%) of the rate reduction

for the state's contribution rate for state employees to be applied to the actuarial accrued liability

of the state employees' retirement system for state employees for each fiscal year;

     (2) Except for fiscal year 2009, fiscal year 2010 and fiscal year 2011, for each fiscal year

in which the actuarially determined state contribution rate for teachers, including state

contributions under chapter 36-10.3, is lower than that for the prior fiscal year, the governor shall

include an appropriation to that system equivalent to twenty percent (20%) of the rate reduction

for the state's share of the contribution rate for teachers to be applied to the actuarial accrued

liability of the state employees' retirement system for teachers for each fiscal year;

     (3) The amounts to be appropriated shall be included in the annual appropriation bill and

shall be paid by the general treasurer into the retirement system.

     (4) Assessments pursuant to § 42-149-3.1 shall be included in the annual appropriation

bill and shall be paid by the general treasurer into the retirement system beginning FY2013.

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     (f) While the retirement system's actuary shall not adjust the computation of the annual

required contribution for the year in which supplemental contributions are received, such

contributions once made may be treated as reducing the actuarial liability remaining for

amortization in the next following actuarial valuation to be performed.

     SECTION 7. Sections 36-10.3-4, 36-10.3-5 and 36-10.3-6 of the General Laws in

Chapter 36-10.3 entitled "Defined Contribution Retirement Plan" are hereby amended to read as

follows:

     36-10.3-4. Member contributions.

     (1) Each regular member shall contribute to the member's individual account in the plan

an amount equal to five percent (5%) of the member's compensation from July 1 to the following

June 30.

     (2) Each public safety member not participating in Social Security under the Federal Old

Age, Survivors and Disability Income program, shall contribute to the member's individual

account an amount equal to three percent (3%) of the member's compensation from July 1 to the

following June 30.

     (3) Contributions by supplemental members shall be governed by § 36-10.3-6.

     (4) The employer shall deduct the contribution from the member's compensation at the

end of each payroll period and shall remit such contributions on the date contributions are

withheld but no later than three (3) days following the pay period ending in which contributions

were withheld, and the contribution shall be credited by the plan to the member's individual

account. The contributions shall be deducted from the member's compensation before the

computation of applicable federal taxes and shall be treated as employer contributions under 26

U.S.C. § 414(h)(2). A member shall not have the option of making the payroll deduction directly

in cash instead of having the contribution picked up by the employer.

     (5) Contributions of employees shall be made by payroll deductions. Every member shall

be considered to consent to payroll deductions. It is of no consequence that a payroll deduction

may cause the compensation paid in cash to an employee to be reduced below the minimum

required by law. Payment of an employee's compensation, less payroll deductions, is a full and

complete discharge and satisfaction of all claims and demands by the employee relating to

remuneration of services during the period covered by the payment, except with respect to the

benefits provided under the plan.

     (6) Additional voluntary member contributions may be permitted in accordance with this

section in such manner as determined in the discretion of the commission.

     (7) Every employer required to deduct and withhold member contributions and to

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transmit same to the retirement system is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     36-10.3-5. Employer contributions.

     (1) An employer shall contribute to each regular member's individual account the

following amounts on the date contributions are withheld but no later than three (3) days

following the pay period ending in which contributions were withheld:

     (i) For members with fewer than ten (10) years of total service as of June 30, 2012, an

amount equal to one percent (1%) of the member's compensation at the end of each payroll period

from July 1 to the following June 30;

     (ii) For members with ten (10) or more, but fewer than fifteen (15) years of total service

as of June 30, 2012, an amount equal to one percent (1%) of the member's compensation at the

end of each payroll period from July 1, 2012 through June 30, 2015, and effective July 1, 2015,

an amount equal to one and one-quarter percent (1.25%) of the member's compensation at the end

of each payroll period; and

     (iii) For members with fifteen (15) or more, but fewer than twenty (20) years of total

service as of June 30, 2012, an amount equal to one percent (1%) of the member's compensation

at the end of each payroll period from July 1, 2012 through June 30, 2015, and effective July 1,

2015, an amount equal to one and one-half percent (1.5%) of the member's compensation at the

end of each payroll period from July 1 to the following June 30.

     (2) An employer shall contribute to the individual account of each public safety member,

not participating in Social Security under the Federal Old Age, Survivors and Disability Income

program, an amount equal to three percent (3%) of the member's compensation from July 1 to the

following June 30.

     (3) Contributions by supplemental employers shall be governed by § 36-10.3-6.

     36-10.3-6. Supplemental employer and member contributions.

     (a) A supplemental member shall contribute to the member's individual account an

amount equal to two percent (2%) of the member's compensation from July 1 to the following

June 30 in addition to the requirements of § 36-10.3-4. For such members, a supplemental

employer shall contribute to the member's individual account an amount equal to two percent

(2%) of the member's compensation from July 1 to the following June 30 in addition to the

requirements of § 36-10.3-5.

     (b) A supplemental employer may request a different level of supplemental member

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contributions and supplemental employer contributions subject to the approval of the state

investment commission.

     (c) Such contributions shall be transmitted on the date contributions are withheld but no

later than three (3) days following the pay period ending in which contributions were withheld

and every employer required to deduct and withhold member supplemental contributions and to

transmit same to the retirement system is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     SECTION 8. Sections 42-28-22.1 and 42-28-22.2 of the General Laws in Chapter 42-28

entitled "State Police" are hereby amended to read as follows:

     42-28-22.1. Retirement contribution.

     (a) Legislative findings. The general assembly finds that:

     (1) A trust was created for retirement purposes for members of the state police who were

hired after July 1, 1987; however, as of January 1, 2015, there was an unfunded liability of

approximately $200 million attributable to the retirement benefits for members of the state police

hired on or before July 1, 1987, and no trust had been created for them.

     (2) Unless a trust is established, these members' benefits will continue to be funded on a

pay-as-you-go basis and would not be recognized as a liability on the state's financial statements

under generally accepted accounting purposes.

     (3) An investigation of Google, Inc., conducted by the Rhode Island U.S. attorney's office

and the Rhode Island task force of the U.S. food and drug administration's office of criminal

investigations, the department of the attorney general, and state and local police netted settlement

amounts of approximately $230 million to the state, of which $45.0 million has been allocated for

use by the state police.

     (4) The allocation of Google settlement monies to the state police presents a unique

opportunity to reduce the amount of the unfunded liability attributable to the retirement benefits

for members of the state police hired on or before July 1, 1987.

     (5) It is in the best interests of the members of the state police and the taxpayers of this

state to reduce the amount of the unfunded liability attributable to retirement benefits for these

police officers by creating a separate trust and to fund those benefits on an actuarial basis.

     (b) Each member of the state police initially hired after July 1, 1987 shall have deducted

from "compensation" as defined in § 36-8-1(8) beginning July 1, 1989, an amount equal to a rate

percent of such compensation of eight and three quarters percent (8.75%). The receipts collected

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from members of the state police shall be deposited in a restricted revenue account entitled "state

police retirement benefits" on the date contributions are withheld but no later than three (3)

business days following the pay period ending in which contributions were withheld. The

proceeds deposited in this account shall be held in trust for the purpose of paying retirement

benefits under this section to participating members of the state police or their beneficiaries. The

retirement board shall establish rules and regulations to govern the provisions of this section.

     (c) The state is required to deduct and withhold member contributions and to transmit

same to the retirement system and is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (c)(d) A member of the state police initially hired after July 1, 1987 who withdraws from

service or ceases to be a member for any reason other than death or retirement, will, at the

member's request, be paid on demand a refund consisting of the accumulated contributions

standing to his or her credit in his or her individual account in the state police retirement benefits

account. Any member receiving a refund shall thereby forfeit and relinquish all accrued rights as

a member of the system together with credits for total service previously granted to the member;

provided, however, that if any member who has received a refund shall subsequently reenter the

service and again become a member of the system, he or she shall have the privilege of restoring

all moneys previously received or disbursed to his or her credit as refund of contributions, plus

regular interest for the period from the date of refund to the date of restoration.

     (d)(e) Upon the repayment of the refund provided in subsection (c) above, the member

shall again receive credit for the amount of total service which he or she had previously forfeited

by the acceptance of the refund.

     (e)(f) The state shall deposit contributions for members of the state police initially hired

on or before July 1, 1987, from time to time (as provided in § 42-28-22.2) to be held in trust. The

proceeds of this trust shall pay retirement benefits under this section to participating members of

the state police or their beneficiaries. The retirement board shall establish rules and regulations to

govern the provisions of this section.

     42-28-22.2. State contributions.

     The state of Rhode Island shall make its contribution for the maintaining of the system

established by § 42-28-22.1 and providing the annuities, benefits, and retirement allowances in

accordance with the provisions of this chapter by (a) annually appropriating an amount which will

pay a rate percent of the compensation paid after July 1, 1989 to members of the state police hired

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after July 1, 1987 and (b) appropriating an amount which will amortize the unfunded liability

associated with the benefits payable to members of the state police hired on or before July 1,

1987. The dollar amount specified in subsection (b) above shall be computed on an actuarial basis

using an eighteen (18) year amortization schedule commencing on July 1, 2015, taking into

account an initial supplemental contribution from the state, and certified in accordance with the

procedures set forth in §§ 36-8-13 and 36-10-2 under rules and regulations promulgated by the

retirement board pursuant to § 36-8-3. Such contributions shall be transmitted on the date

contributions are withheld but no later than three (3) business days following the pay period

ending in which contributions were withheld.

     SECTION 9. Sections 45-21-41.1 and 45-21-42 of the General Laws in Chapter 45-21

entitled "Retirement of Municipal Employees" are hereby amended to read as follows:

     45-21-41.1. Municipality payment of member contributions.

     (a) Each municipality, pursuant to the provisions of 26 U.S.C. § 414(h)(2) of the United

States Internal Revenue Code, may, pursuant to appropriate legal action by the municipality, pick

up and pay the contributions which would be payable by the employees as members under § 45-

21-41. The contributions so picked up shall be treated as employer contributions in determining

tax treatment under the United States Internal Revenue Code; however, each municipality shall

continue to withhold federal and state income taxes based upon these contributions until the

Internal Revenue Service rules that pursuant to 26 U.S.C. § 414(h)(2) of the United States

Internal Revenue Code, these contributions shall not be included as gross income of the employee

until the time they are distributed. Employee contributions which are picked up pursuant to this

section shall be treated and identified as member contributions for all purposes of the retirement

system except as specifically provided to the contrary in this section.

     (b) Member contributions picked up by a municipality shall be paid from the same source

of funds used for the payment of compensation to a member. A deduction shall be made from a

member's compensation equal to the amount of the employee's contributions picked up by the

employee's municipal employer. This deduction, however, shall not reduce the employee's

compensation for purposes of computing benefits under the retirement system pursuant to this

chapter. Picked up contributions shall be submitted to the retirement system in accordance with

the provisions of § 45-21-41 on the date contributions are withheld but no later than three (3)

business days following the pay period ending in which contributions were withheld.

     (c) Every employer required to deduct and withhold member contributions and to

transmit same to the retirement system is hereby made liable for the contribution. In addition, any

amount of employee contributions actually deducted and withheld shall be deemed to be a special

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fund in trust for the benefit of the member and shall be transmitted to the retirement system as set

forth herein.

     (d) The liability of an employer who fails to segregate such trust funds, or refuses to

deduct and withhold member contributions from its employees, is enforceable by the Retirement

Board through an appropriate action in the superior court. The general treasurer is also authorized

to deduct the amount due from any money due the employer from the state.

     45-21-42. Contributions by municipalities.

     (a) Each municipality shall make contributions to the system to provide for the remainder

of the obligation for retirement allowances, annuities, and other benefits provided in this chapter,

after applying the accumulated contributions of the members, interest income on investments of

the system, and other income accruing to the system. These contributions shall, in any event, be

sufficient to establish and maintain a reserve equal to the sum of:

     (1) The full credits for accumulated contributions in the "members' contribution reserve"

described in § 45-21-43,

     (2) The present value, determined in accordance with the actuarial tables in use by the

system, of the retirement allowances, disability allowances, accidental death benefits, and other

benefits in force, chargeable to the "retirement reserve" described in § 45-21-43, and

     (3) The present value of deferred annuities to members who have acquired a vested right

under the provisions of § 45-21-18.

     (b) The rate of contribution on the part of each municipality, to meet its obligations under

this chapter, is the rate certified by the retirement board at the date of participation of the

municipality. The rate is redetermined at least once every five (5) years and certified by the

retirement board, upon recommendation of the actuary, following an evaluation and analysis of

the operating experience of the system and of the assets, liabilities, and reserves of the system.

Nothing contained in this chapter is deemed to impose any obligation upon any municipality for

service which may have been rendered by an employee of one municipality in behalf of another

municipality.

     (c) In case of failure of any city or town to pay to the state the amounts due from it under

this title within the time prescribed, the general treasurer is hereby authorized to deduct that

amount from any moneys due the city or town from the state for any purpose other than for

education.

     (d) Notwithstanding any other provisions of the general laws, the payment of the

contributions for the employers' share shall be remitted to the retirement board on a monthly

basis, payable by the 15th of the following month on the date contributions are withheld but no

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later than three (3) business days following the pay period ending in which contributions were

withheld.

     (e) This section is not subject to §§ 45-13-7 -- 45-13-10, as amended.

     SECTION 10. This act shall take effect January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO RETIREMENT

***

     This act would require that contributions to a retirement plan be remitted to the retirement

board on the date contributions are withheld but not later than three (3) business days following

the pay period ending in which contributions were withheld.

     This act would take effect January 1, 2019.

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