2020 -- H 7150

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LC003523

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM-

CONTRIBUTIONS AND BENEFITS

     

     Introduced By: Representatives Jacquard, Noret, Shekarchi, Casey, and Millea

     Date Introduced: January 16, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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     36-10-36. Post-retirement employment.

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     (a) On and after July 7, 1994, no member who has retired under the provisions of titles

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16, 36, or 45 may be employed or reemployed by any state agency or department unless any and

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all retirement benefits to which he or she may be entitled by virtue of the provisions of titles 16,

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36, or 45 are suspended for the duration of any employment or reemployment. No additional

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service credits shall be granted for any post-retirement employment or reemployment and no

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deductions shall be taken from an individual's salary for retirement contribution. Notice of any

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such post-retirement employment or reemployment shall be sent monthly to the retirement board

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by the employing agency or department and by the retired member.

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

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

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

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

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

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

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

 

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

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reemployment shall be sent monthly to the retirement board by the employer and by the retired

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member.

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

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employed or reemployed by any municipality within the state that has not accepted the provisions

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

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system.

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     (d) Notwithstanding the provisions of this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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thousand dollars ($18,000) in any one calendar year. Any retired member who provides such

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

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

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under this subsection;

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

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

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

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

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

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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

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

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

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

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

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under this subsection;

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

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

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services at a state-operated facility in Rhode Island, including employment as a faculty member

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

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

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days with half pay in any one calendar year. Any retired nurse who provides such care and/or

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services shall do so without forfeiture or reduction of any retirement benefit or allowance the

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retired nurse is receiving as a retired nurse; provided, however, that no additional service credits

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

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

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service credits shall be granted for this service. Notice of this employment or reemployment shall

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

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

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

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

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

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

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

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

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

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

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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

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

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

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

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

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subsection.

 

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     (7) Any retired police officer of any police force may work for the same police force

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from which said police officer has retired for an unlimited amount of days only in the capacity as

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a specific traffic detail officer and only if the specific traffic detail is not covered by current full-

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time officers.

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     SECTION 2. Section 45-21-54 of the General Laws in Chapter 45-21 entitled

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

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     45-21-54. Reemployment of retired members.

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     (a) Any retired member of the system is permitted to reenter the service of the system for

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not more than seventy-five (75) working days in a calendar year without interruption of pension

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benefits. Pension payments, however, are suspended when that period is exceeded. If the retired

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member continues in service beyond the seventy-five (75) day period (with his annuity

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temporarily suspended) the member is not eligible for pension credit for the additional service,

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nor is the member required to make pension contributions for this service; provided, that any

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retired member of the system is permitted to serve as an elected city or town council member or

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school committee member and continues to be eligible for and receive the retirement allowance

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for service other than that as a council member or school committee member.

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     (b) Notwithstanding the provisions of this section, any retired police officer of any police

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force may work for the same police force from which said police officer has retired for an

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unlimited amount of days with no interruption of pension benefits, only in the capacity as a

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specific traffic detail officer and only if the specific detail is not covered by current full-time

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officers.

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     SECTION 3. 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 -- RETIREMENT SYSTEM-

CONTRIBUTIONS AND BENEFITS

***

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     This act would allow retired police officers to work specifically for traffic details, only

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where the traffic detail is not covered by current police officers, for an unlimited amount of days

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with no interruption of pension benefits.

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     This act would take effect upon passage.

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