2020 -- S 2807 | |
======== | |
LC004994 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- RETIREMENT OF STATE AND MUNICIPAL | |
EMPLOYEES | |
| |
Introduced By: Senators Ciccone, Lombardi, Lawson, and Lombardo | |
Date Introduced: March 12, 2020 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-21-54 of the General Laws in Chapter 45-21 entitled "Retirement |
2 | of Municipal Employees" is hereby amended to read as follows: |
3 | 45-21-54. Reemployment of retired members. |
4 | Any retired member of the system is permitted to reenter the service of the system for not |
5 | more than seventy-five (75) working days in a calendar year twenty hours (20 hrs.) per week |
6 | without interruption of pension benefits. Pension payments, however, are suspended when that |
7 | period is exceeded. If the retired member continues in service beyond the seventy-five (75) day |
8 | period in excess of twenty (20) hours per week (with his annuity temporarily suspended) the |
9 | member is not eligible for pension credit for the additional service, nor is the member required to |
10 | make pension contributions for this service; provided, that any retired member of the system is |
11 | permitted to serve as an elected city or town council member or school committee member and |
12 | continues to be eligible for and receive the retirement allowance for service other than that as a |
13 | council member or school committee member. |
14 | SECTION 2. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement |
15 | System - Contributions and Benefits" is hereby amended to read as follows: |
16 | 36-10-36. Post-retirement employment. |
17 | (a) On and after July 7, 1994, no member who has retired under the provisions of titles 16, |
18 | 36, or 45 may be employed or reemployed by any state agency or department unless any and all |
| |
1 | retirement benefits to which he or she may be entitled by virtue of the provisions of titles 16, 36, |
2 | or 45 are suspended for the duration of any employment or reemployment. No additional service |
3 | credits shall be granted for any post-retirement employment or reemployment and no deductions |
4 | shall be taken from an individual's salary for retirement contribution. Notice of any such post- |
5 | retirement employment or reemployment shall be sent monthly to the retirement board by the |
6 | employing agency or department and by the retired member. |
7 | (b) Any member who has retired under the provisions of titles 16, 36, or 45 may be |
8 | employed or reemployed by any municipality within the state that has accepted the provisions of |
9 | chapter 21 of title 45 and participates in the municipal employees' retirement system for a period |
10 | of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day |
11 | pay in any one calendar year twenty (20) hours per week without any forfeiture or reduction of any |
12 | retirement benefits and allowances the member is receiving, or may receive, as a retired member. |
13 | Pension payments shall be suspended whenever this period is exceeded. No additional contributions |
14 | shall be taken, and no additional service credits shall be granted, for this service. Notice of this |
15 | employment or reemployment shall be sent monthly to the retirement board by the employer and |
16 | by the retired member. |
17 | (c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed |
18 | or reemployed by any municipality within the state that has not accepted the provisions of chapter |
19 | 21 of title 45 and that does not participate in the municipal employees' retirement system. |
20 | (d) Notwithstanding the provisions of this section: |
21 | (1) Any retired member of the system shall be permitted to serve as an elected mayor, the |
22 | town administrator, the city administrator, the town manager, the city manager, the chief |
23 | administrative officer, or the chief executive officer of any city or town, city or town council |
24 | member, school committee member, or unpaid member of any part-time state board or commission |
25 | or member of any part-time municipal board or commission, and shall continue to be eligible for, |
26 | and receive, the retirement allowance for service other than that as a mayor, administrator, council |
27 | member, school committee member, or member of any state board or commission or member of |
28 | any part-time municipal board or commission; provided, however, that no additional service credits |
29 | shall be granted for any service under this subsection; |
30 | (2) Any retired member, who retired from service at any state college, university, state |
31 | school, or who retired from service as a teacher under the provisions of title 16, or who retired from |
32 | service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state |
33 | college, university, or state school for the purpose of providing classroom instruction, academic |
34 | advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the |
| LC004994 - Page 2 of 5 |
1 | salary provided to other faculty members employed under a collective bargaining agreement at the |
2 | institution. In no event shall "part-time" mean gross pay of more than eighteen thousand dollars |
3 | ($18,000) in any one calendar year. Any retired member who provides such instruction or service |
4 | shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, |
5 | however, that no additional service credits shall be granted for any service under this subsection; |
6 | (3) Any retired member who retired from service as a teacher under the provisions of title |
7 | 16, or as a state employee who, while an active state employee, was certified to teach driver |
8 | education by the department of elementary and secondary education or by the board of governors |
9 | for higher education, may be employed or reemployed, on a part-time basis, by the department of |
10 | elementary and secondary education or by the board of governors of higher education for the |
11 | purpose of providing classroom instruction in driver education courses in accordance with § 31- |
12 | 10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event |
13 | shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any one |
14 | calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or |
15 | reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; |
16 | provided, however, that no additional service credits shall be granted for any service under this |
17 | subsection; |
18 | (4) Any retired member who retired from service as a registered nurse may be employed |
19 | or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or |
20 | services at a state-operated facility in Rhode Island, including employment as a faculty member of |
21 | a nursing program at a state-operated college or university. In no event shall "part-time" mean gross |
22 | pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days |
23 | with half pay in any one calendar year. Any retired nurse who provides such care and/or services |
24 | shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse |
25 | is receiving as a retired nurse; provided, however, that no additional service credits shall be granted |
26 | for any service under this subsection. Pension payments shall be suspended whenever this period |
27 | is exceeded. No additional contributions shall be taken and no additional service credits shall be |
28 | granted for this service. Notice of this employment or reemployment shall be sent monthly to the |
29 | retirement board by the employer and by the retired member; |
30 | (5) Any retired member who, at the time of passage of this section, serves as a general |
31 | magistrate within the family court and thereafter retires from judicial service, may be employed or |
32 | reemployed by the family court to perform such services as a general magistrate of the family court |
33 | as the chief judge of the family court shall prescribe without any forfeiture or reduction of any |
34 | retirement benefits and allowances that he or she is receiving or may receive. For any such services |
| LC004994 - Page 3 of 5 |
1 | or assignments performed after retirement, the general magistrate shall receive no compensation |
2 | whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional |
3 | service credits shall be granted for this service; and |
4 | (6) Any retired member of the system shall be permitted to serve as a municipal employee |
5 | without any forfeiture or reduction of any retirement benefits and allowances that he or she is |
6 | receiving or may receive; provided, that said member shall be appointed by and serves at the |
7 | pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town |
8 | subject to the provisions of chapter 9 of title 45 entitled "Budget Commissions" relating to the |
9 | appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided |
10 | further, that no additional service credits shall be granted for any service under this subsection. |
11 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC004994 | |
======== | |
| LC004994 - Page 4 of 5 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- RETIREMENT OF STATE AND MUNICIPAL | |
EMPLOYEES | |
*** | |
1 | This act would allow retired municipal and state employees to reenter the system for up to |
2 | twenty hours per week without interrupting their pension benefits. |
3 | This act would take effect upon passage. |
======== | |
LC004994 | |
======== | |
| LC004994 - Page 5 of 5 |