2023 -- H 5039

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LC000064

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --

CONTRIBUTION AND BENEFITS

     Introduced By: Representatives McEntee, Fogarty, Craven, O'Brien, Dawson, Abney,
and Phillips

     Date Introduced: January 11, 2023

     Referred To: House Finance

     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 title 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 title 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 title 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, 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) twenty-five thousand dollars ($25,000) 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;

     (6) Any retired district court clerk/magistrate or magistrate of the district court who shall

subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be

employed or reemployed by the district court to perform such services as a magistrate as the chief

judge of the district court shall prescribe without any forfeiture or reduction of any retirement

benefits and allowance that he or she is receiving or may receive. For any such services or

assignment performed after retirement, the district court clerk/magistrate or magistrate shall

receive, in addition to his or her retirement pension, the difference in pay and fringe benefits

between his or her retirement pension, and that of a sitting magistrate of the district court with

comparable state service time. No additional contributions shall be taken and no additional service

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credits shall be granted for this service; and

     (7) 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.

     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 -- RETIREMENT SYSTEM --

CONTRIBUTION AND BENEFITS

***

     This act would increase the maximum post retirement employment earnings from eighteen

thousand dollars ($18,000) to twenty-five thousand dollars ($25,000) a year for certain retired

educators.

     This act would take effect upon passage.

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