2020 -- H 7150 | |
======== | |
LC003523 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
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: | |
1 | SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled |
2 | "Retirement System - Contributions and Benefits" is hereby amended to read as follows: |
3 | 36-10-36. Post-retirement employment. |
4 | (a) On and after July 7, 1994, no member who has retired under the provisions of titles |
5 | 16, 36, or 45 may be employed or reemployed by any state agency or department unless any and |
6 | all retirement benefits to which he or she may be entitled by virtue of the provisions of titles 16, |
7 | 36, or 45 are suspended for the duration of any employment or reemployment. No additional |
8 | service credits shall be granted for any post-retirement employment or reemployment and no |
9 | deductions shall be taken from an individual's salary for retirement contribution. Notice of any |
10 | such post-retirement employment or reemployment shall be sent monthly to the retirement board |
11 | by the employing agency or department and by the retired member. |
12 | (b) Any member who has retired under the provisions of titles 16, 36, or 45 may be |
13 | employed or reemployed by any municipality within the state that has accepted the provisions of |
14 | chapter 21 of title 45 and participates in the municipal employees' retirement system for a period |
15 | of not more than seventy-five (75) working days or one hundred fifty (150) half days with half- |
16 | day pay in any one calendar year without any forfeiture or reduction of any retirement benefits |
17 | and allowances the member is receiving, or may receive, as a retired member. Pension payments |
18 | shall be suspended whenever this period is exceeded. No additional contributions shall be taken, |
| |
1 | and no additional service credits shall be granted, for this service. Notice of this employment or |
2 | reemployment shall be sent monthly to the retirement board by the employer and by the retired |
3 | member. |
4 | (c) Any member who has retired under the provisions of title 16, 36, or 45 may be |
5 | employed or reemployed by any municipality within the state that has not accepted the provisions |
6 | of chapter 21 of title 45 and that does not participate in the municipal employees' retirement |
7 | system. |
8 | (d) Notwithstanding the provisions of this section: |
9 | (1) Any retired member of the system shall be permitted to serve as an elected mayor, the |
10 | town administrator, the city administrator, the town manager, the city manager, the chief |
11 | administrative officer, or the chief executive officer of any city or town, city or town council |
12 | member, school committee member, or unpaid member of any part-time state board or |
13 | commission or member of any part-time municipal board or commission, and shall continue to be |
14 | eligible for, and receive, the retirement allowance for service other than that as a mayor, |
15 | administrator, council member, school committee member, or member of any state board or |
16 | commission or member of any part-time municipal board or commission; provided, however, that |
17 | no additional service credits shall be granted for any service under this subsection; |
18 | (2) Any retired member, who retired from service at any state college, university, state |
19 | school, or who retired from service as a teacher under the provisions of title 16, or who retired |
20 | from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by |
21 | any state college, university, or state school for the purpose of providing classroom instruction, |
22 | academic advising of students, and/or coaching. Compensation shall be provided at a level not to |
23 | exceed the salary provided to other faculty members employed under a collective bargaining |
24 | agreement at the institution. In no event shall "part-time" mean gross pay of more than eighteen |
25 | thousand dollars ($18,000) in any one calendar year. Any retired member who provides such |
26 | instruction or service shall do so without forfeiture or reduction of any retirement benefit or |
27 | allowance; provided, however, that no additional service credits shall be granted for any service |
28 | under this subsection; |
29 | (3) Any retired member who retired from service as a teacher under the provisions of title |
30 | 16, or as a state employee who, while an active state employee, was certified to teach driver |
31 | education by the department of elementary and secondary education or by the board of governors |
32 | for higher education, may be employed or reemployed, on a part-time basis, by the department of |
33 | elementary and secondary education or by the board of governors of higher education for the |
34 | purpose of providing classroom instruction in driver education courses in accordance with § 31- |
| LC003523 - Page 2 of 5 |
1 | 10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event |
2 | shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any one |
3 | calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or |
4 | reduction of any retirement benefit or allowance the retired teacher is receiving as a retired |
5 | teacher; provided, however, that no additional service credits shall be granted for any service |
6 | under this subsection; |
7 | (4) Any retired member who retired from service as a registered nurse may be employed |
8 | or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or |
9 | services at a state-operated facility in Rhode Island, including employment as a faculty member |
10 | of a nursing program at a state-operated college or university. In no event shall "part-time" mean |
11 | gross pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half |
12 | days with half pay in any one calendar year. Any retired nurse who provides such care and/or |
13 | services shall do so without forfeiture or reduction of any retirement benefit or allowance the |
14 | retired nurse is receiving as a retired nurse; provided, however, that no additional service credits |
15 | shall be granted for any service under this subsection. Pension payments shall be suspended |
16 | whenever this period is exceeded. No additional contributions shall be taken and no additional |
17 | service credits shall be granted for this service. Notice of this employment or reemployment shall |
18 | be sent monthly to the retirement board by the employer and by the retired member; |
19 | (5) Any retired member who, at the time of passage of this section, serves as a general |
20 | magistrate within the family court and thereafter retires from judicial service, may be employed |
21 | or reemployed by the family court to perform such services as a general magistrate of the family |
22 | court as the chief judge of the family court shall prescribe without any forfeiture or reduction of |
23 | any retirement benefits and allowances that he or she is receiving or may receive. For any such |
24 | services or assignments performed after retirement, the general magistrate shall receive no |
25 | compensation whatsoever, either monetary or in kind. No additional contributions shall be taken |
26 | and no additional service credits shall be granted for this service; and |
27 | (6) Any retired member of the system shall be permitted to serve as a municipal |
28 | employee without any forfeiture or reduction of any retirement benefits and allowances that he or |
29 | she is receiving or may receive; provided, that said member shall be appointed by and serves at |
30 | the pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or |
31 | town subject to the provisions of chapter 9 of title 45 entitled "Budget Commissions" relating to |
32 | the appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. |
33 | Provided further, that no additional service credits shall be granted for any service under this |
34 | subsection. |
| LC003523 - Page 3 of 5 |
1 | (7) Any retired police officer of any police force may work for the same police force |
2 | from which said police officer has retired for an unlimited amount of days only in the capacity as |
3 | a specific traffic detail officer and only if the specific traffic detail is not covered by current full- |
4 | time officers. |
5 | SECTION 2. Section 45-21-54 of the General Laws in Chapter 45-21 entitled |
6 | "Retirement of Municipal Employees" is hereby amended to read as follows: |
7 | 45-21-54. Reemployment of retired members. |
8 | (a) Any retired member of the system is permitted to reenter the service of the system for |
9 | not more than seventy-five (75) working days in a calendar year without interruption of pension |
10 | benefits. Pension payments, however, are suspended when that period is exceeded. If the retired |
11 | member continues in service beyond the seventy-five (75) day period (with his annuity |
12 | temporarily suspended) the member is not eligible for pension credit for the additional service, |
13 | nor is the member required to make pension contributions for this service; provided, that any |
14 | retired member of the system is permitted to serve as an elected city or town council member or |
15 | school committee member and continues to be eligible for and receive the retirement allowance |
16 | for service other than that as a council member or school committee member. |
17 | (b) Notwithstanding the provisions of this section, any retired police officer of any police |
18 | force may work for the same police force from which said police officer has retired for an |
19 | unlimited amount of days with no interruption of pension benefits, only in the capacity as a |
20 | specific traffic detail officer and only if the specific detail is not covered by current full-time |
21 | officers. |
22 | SECTION 3. This act shall take effect upon passage. |
23 | |
======== | |
LC003523 | |
======== | |
| LC003523 - Page 4 of 5 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM- | |
CONTRIBUTIONS AND BENEFITS | |
*** | |
1 | This act would allow retired police officers to work specifically for traffic details, only |
2 | where the traffic detail is not covered by current police officers, for an unlimited amount of days |
3 | with no interruption of pension benefits. |
4 | This act would take effect upon passage. |
======== | |
LC003523 | |
======== | |
| LC003523 - Page 5 of 5 |