2023 -- H 5092

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LC000223

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO EDUCATION -- TEACHER'S RETIREMENT

     Introduced By: Representatives Fellela, Serpa, Hull, and Messier

     Date Introduced: January 12, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-16-12 of the General Laws in Chapter 16-16 entitled "Teachers’

Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby

amended to read as follows:

     16-16-12. Procedure for service retirement.

     Retirement of a member on a service retirement allowance shall be made by the retirement

board as follows:

     (a)(i) Any member may retire upon his or her written application to the retirement board

as of the first day of the calendar month in which the application was filed, provided the member

was separated from service prior to filing the application, and further provided however, that if

separation from service occurs during the month in which the application is filed, the effective date

shall be the first day following the separation from service, and provided further that the member

on retirement date has attained the age of sixty (60) years and has completed at least ten (10) years

of contributory service on or before July 1, 2005, or regardless of age has completed twenty-eight

(28) years of total service and has completed at least ten (10) years of contributory service on or

before July 1, 2005, and who retire before October 1, 2009, or are eligible to retire as of September

30, 2009.

     (ii) For teachers who become eligible to retire on or after October 1, 2009, and prior to July

1, 2012, benefits are available to teachers who have attained the age of sixty-two (62) and

completed at least ten (10) years of contributory service. For teachers in service as of October 1,

2009, who were not eligible to retire as of September 30, 2009, but became eligible to retire prior

to July 1, 2012, the minimum retirement age of sixty-two (62) will be adjusted downward in

proportion to the amount of service the member has earned as of September 30, 2009. The

proportional formula shall work as follows:

     (A) The formula shall determine the first age of retirement eligibility under the laws in

effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of

sixty-two (62).

     (B) The formula shall then take the teacher’s total service credit as of September 30, 2009,

as the numerator and the years of service credit determined under (A) as the denominator.

     (C) The fraction determined in (B) shall then be multiplied by the age difference in (1) to

apply a reduction in years from age sixty-two (62).

     (b)(i) Any member, who has not completed at least ten (10) years of contributory service

on or before July 1, 2005, may retire upon his or her written application to the retirement board as

of the first day of the calendar month in which the application was filed; provided, the member was

separated from service prior thereto; and further provided, however, that if separation from service

occurs during the month in which application is filed, the effective date shall be the first day

following that separation from service; provided, the member on his or her retirement date had

attained the age of fifty-nine (59) and had completed at least twenty-nine (29) years of total service;

or provided, that the member on his or her retirement date had attained the age of sixty-five (65)

and had completed at least ten (10) years of contributory service; or provided, that the member on

his or her retirement date had attained the age of fifty-five (55) and had completed twenty (20)

years of total service and provided, that the retirement allowance, as determined according to the

formula in § 16-16-13 is reduced actuarially for each month that the age of the member is less than

sixty-five (65) years and who retire before October 1, 2009, or are eligible to retire as of September

30, 2009.

     (ii) For teachers who become eligible to retire on or after October 1, 2009, and prior to July

1, 2012, benefits are available to teachers who have attained the age of sixty-two (62) and have

completed at least twenty-nine (29) years of total service or have attained the age of sixty-five (65)

and completed at least ten (10) years of contributory service. For teachers in service as of October

1, 2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior

to July 1, 2012, who have a minimum retirement age of sixty-two (62), the retirement age will be

adjusted downward in proportion to the amount of service the member has earned as of September

30, 2009. The proportional formula shall work as follows:

     (A) The formula shall determine the first age of retirement eligibility under the laws in

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effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of

sixty-two (62).

     (B) The formula shall then take the teacher’s total service credit as of September 30, 2009,

as the numerator and the years of service credit determined under (A) as the denominator.

     (C) The fraction determined in (B) shall then be multiplied by the age difference

determined in (A) to apply a reduction in years from age sixty-two (62).

     (c) Effective July 1, 2012, the following shall apply to all teachers not eligible to retire

prior to July 1, 2012:

     (i) A teacher with contributory service on or after July 1, 2012, shall be eligible to retire

upon the completion of at least five (5) years of contributory service and attainment of the teacher’s

Social Security retirement age.

     (ii) For teachers with five (5) or more years of contributory service as of June 30, 2012,

with contributory service on and after July 1, 2012, who have a retirement age of Social Security

Retirement Age, the retirement age will be adjusted downward in proportion to the amount of

service the teacher has earned as of June 30, 2012, but in no event shall a teacher’s retirement age

under this subparagraph (ii) be prior to the attainment of age fifty-nine (59) or prior to the teacher’s

retirement age determined under the laws in effect on June 30, 2012. The proportional formula shall

work as follows:

     (1) The formula shall determine the first age of retirement eligibility under the laws in

effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;

     (2) The formula shall then take the teacher’s total service credit as of June 30, 2012, as the

numerator and the projected service at retirement age in effect on June 30, 2012, as the

denominator;

     (3) The fraction determined in (2) shall then be multiplied by the age difference determined

in (1) to apply a reduction in years from Social Security retirement age.

     (iii) Effective July 1, 2015, a teacher who has completed twenty (20) or more years of total

service and who has attained an age within five (5) years of the eligible retirement age under

subdivisions (c)(i) or (c)(ii) above or subsection (d) below, may elect to retire provided that the

retirement allowance shall be reduced actuarially for each month that the age of the teacher is less

than the eligible retirement age under subdivisions (c)(i) or (c)(ii) above or subsection (d) below in

accordance with the following table:

Year Preceding Cumulative Annual Cumulative Monthly

Retirement Reduction Reduction

For Year 1 9% .75%

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For Year 2 8% .667%

For Year 3 7% .583%

For Year 4 7% .583%

For Year 5 7% .583%

     (iv) Notwithstanding any other provisions of section § 16-16-12(c), a teacher who has

completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at

his or her eligible retirement date as determined under subsections (a) and (b) above provided that

a teacher making an election under this paragraph shall receive the teacher’s retirement benefit

determined and calculated based on the teacher’s service and average compensation as of June 30,

2012. This provision shall be interpreted and administered in a manner to protect a teacher’s

accrued benefit on June 30, 2012.

     (d)(i) Notwithstanding any other provisions of subsection (c) above, effective July 1, 2015,

teachers in active service shall be eligible to retire upon the earlier of:

     (A) The attainment of at least age sixty-five (65) and the completion of at least thirty (30)

years of total service, or the attainment of at least age sixty-four (64) and the completion of at least

thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the

completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-

two (62) and the completion of at least thirty-three (33) years of total service; or

     (B) The teacher’s retirement eligibility date under subsections (c)(i) or (c)(ii) above.

     (ii) Notwithstanding any other provisions of subsection (c) or subsection (d)(i) of this

section, commencing July 1, 2023, teachers in active service shall be eligible to retire upon the

earlier of:

     (A) The attainment of at least age sixty (60) and the completion of at least thirty (30) years

of total service; or

     (B) The teacher's retirement eligibility date under subsections (c)(i) or (c)(ii) of this section.

     (e) Except as specifically provided in §§ 36-10-9.1, 36-10-12 through 36-10-15, and 45-

21-19 through 45-21-22, no member shall be eligible for pension benefits under this chapter unless

     (i) The member shall have been a contributing member of the employees’ retirement

system for at least ten (10) years; or

     (ii) For teachers in active contributory service on or after July 1, 2012, the teacher shall

have been a contributing member of the employees’ retirement system for at least five (5) years.

     (2) Provided, however, a person who has ten (10) years service credit shall be vested;

provided that for teachers in active contributory service on or after July 1, 2012, a teacher who has

five (5) years of contributory service shall be vested.

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     (3) Furthermore, any past service credits purchased in accordance with § 36-9-38 shall be

counted towards vesting.

     (4) Any person who becomes a member of the employees’ retirement system pursuant to

§ 45-21-8 shall be considered a contributing member for the purpose of chapter 21 of title 45 and

this chapter.

     (5) Notwithstanding any other provision of law, no more than five (5) years of service

credit may be purchased by a member of the system. The five (5) year limit shall not apply to any

purchases made prior to January 1, 1995. A member who has purchased more than five (5) years

of service credit before January 1, 1995, shall be permitted to apply the purchases towards the

member’s service retirement. However, no further purchase will be permitted.

     (6) Notwithstanding any other provision of law, effective July 1, 2012, except for purchases

under §§ 16-16-7.1, 36-5-3, 36-9-31, 36-10-10.4, and 45-21-53:

     (i) For service purchases for time periods prior to a teacher’s initial date of hire, the

purchase must be made within three (3) years of the teacher’s initial date of hire; and

     (ii) For service purchases for time periods for official periods of leave as authorized by

law, the purchase must be made within three (3) years of the time the official leave was concluded

by the teacher. Notwithstanding paragraphs (i) and (ii) above, service purchases from time periods

prior to June 30, 2012, may be made on or prior to June 30, 2015.

     (f) No member of the teachers’ retirement system shall be permitted to purchase service

credits for casual or seasonal employment, for employment as a temporary or emergency employee,

a page in the general assembly, or for employment at any state college or university while the

employee is a student or graduate of the college or university.

     (g) Except as specifically provided in §§ 16-16-6.2 and 16-16-6.4, a member shall not

receive service credit in this retirement system for any year or portion of a year which counts as

service credit in any other retirement system in which the member is vested or from which the

member is receiving a pension and/or any annual payment for life. This subsection shall not apply

to any payments received pursuant to the federal Social Security Act, 42 U.S.C. § 301 et seq.

     (h) A member who seeks to purchase or receive service credit in this retirement system

shall have the affirmative duty to disclose to the retirement board whether or not he or she is a

vested member in any other retirement system and/or is receiving a pension, retirement allowance,

or any annual payment for life. The retirement board shall have the right to investigate as to whether

or not the member has utilized the same time of service for credit in any other retirement system.

The member has an affirmative duty to cooperate with the retirement board including, by way of

illustration and not by way of limitation, the duty to furnish or have furnished to the retirement

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board any relevant information that is protected by any privacy act.

     (i) A member who fails to cooperate with the retirement board shall not have the time of

service credit counted toward total service credit until the time the member cooperates with the

retirement board and until the time the retirement board determines the validity of the service credit.

     (j) A member who knowingly makes a false statement to the retirement board regarding

service time or credit shall not be entitled to a retirement allowance and is entitled only to the return

of his or her contributions without interest.

     SECTION 2. Section 36-10-9 of the General Laws in Chapter 36-10 entitled "Retirement

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

     36-10-9. Retirement on service allowance — In general.

     Retirement of a member on a service retirement allowance shall be made by the retirement

board as follows:

     (1)(a)(i) Any member may retire upon his or her written application to the retirement board

as of the first day of the calendar month in which the application was filed; provided, the member

was separated from service prior thereto; and further provided, however, that if separation from

service occurs during the month in which application is filed, the effective date shall be the first

day following that separation from service; and provided further that the member on his or her

retirement date attained the age of sixty (60) and completed at least ten (10) years of contributory

service on or before July 1, 2005, or who, regardless of age, has completed twenty-eight (28) years

of total service and has completed at least ten (10) years of contributory service on or before July

1, 2005, and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.

     (ii) For members who become eligible to retire on or after October 1, 2009, and prior to

July 1, 2012, benefits are available to members who have attained the age of sixty-two (62) and

completed at least ten (10) years of contributory service. For members in service as of October 1,

2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior

to July 1, 2012, the minimum retirement age of sixty-two (62) will be adjusted downward in

proportion to the amount of service the member has earned as of September 30, 2009. The

proportional formula shall work as follows:

     (1) The formula shall determine the first age of retirement eligibility under the laws in

effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of

sixty-two (62).

     (2) The formula shall then take the member’s total service credit as of September 30, 2009,

as the numerator and the years of service credit determined under (1) as the denominator.

     (3) The fraction determined in (2) shall then be multiplied by the age difference determined

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in (1) to apply a reduction in years from age sixty-two (62).

     (b)(i) Any member, who has not completed at least ten (10) years of contributory service

on or before July 1, 2005, may retire upon his or her written application to the retirement board as

of the first day of the calendar month in which the application was filed; provided, the member was

separated from service prior thereto; and further provided, however, that if separation from service

occurs during the month in which application is filed, the effective date shall be the first day

following that separation from service; provided, the member or his or her retirement date had

attained the age of fifty-nine (59) and had completed at least twenty-nine (29) years of total service

or provided that the member on his or her retirement date had attained the age of sixty-five (65)

and had completed at least ten (10) years of contributory service; or provided, that the member on

his or her retirement date had attained the age of fifty-five (55) and had completed twenty (20)

years of total service provided, that the retirement allowance, as determined according to the

formula in § 36-10-10 is reduced actuarially for each month that the age of the member is less than

sixty-five (65) years, and who retire before October 1, 2009, or are eligible to retire as of September

30, 2009.

     (ii) For members who become eligible to retire on or after October 1, 2009 and prior to

July 1, 2012, benefits are available to members who have attained the age of sixty-two (62) and

completed at least twenty-nine (29) years of total service or have attained the age of sixty-five (65)

and completed at least ten (10) years of contributory service. For members in service as of October

1, 2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior

to July 1, 2012, who have a minimum retirement age of sixty-two (62), the retirement age will be

adjusted downward in proportion to the amount of service the member has earned as of September

30, 2009. The proportional formula shall work as follows:

     (1) The formula shall determine the first age of retirement eligibility under the laws in

effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of

sixty-two (62).

     (2) The formula shall then take the member’s total service credit as of September 30, 2009,

as the numerator and the years of service credit determined under (1) as the denominator.

     (3) The fraction determined in (2) above shall then be multiplied by the age difference

determined in (1) to apply a reduction in years from age sixty-two (62).

     (c) Effective July 1, 2012, the following shall apply to all members not eligible to retire

prior to July 1, 2012:

     (i) A member with contributory service on or after July 1, 2012, shall be eligible to retire

upon the completion of at least five (5) years of contributory service and attainment of the member’s

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Social Security retirement age.

     (ii) For members with five (5) or more years of contributory service as of June 30, 2012,

with contributory service on and after July 1, 2012, who have a retirement age of Social Security

Retirement Age, the retirement age will be adjusted downward in proportion to the amount of

service the member has earned as of June 30, 2012, but in no event shall a member’s retirement

age under this subparagraph (ii) be prior to the attainment of age fifty-nine (59) or prior to the

member’s retirement age determined under the laws in effect on June 30, 2012. The proportional

formula shall work as follows:

     (1) The formula shall determine the first age of retirement eligibility under the laws in

effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;

     (2) The formula shall then take the member’s total service credit as of June 30, 2012, as

the numerator and the projected service at retirement age in effect on June 30, 2012, as the

denominator;

     (3) The fraction determined in (2) shall then be multiplied by the age difference determined

in (1) to apply a reduction in years from Social Security retirement age.

     (iii) Effective July 1, 2015, a member who has completed twenty (20) or more years of

total service and who has attained an age within five (5) years of the eligible retirement age under

subparagraphs (c)(i) or (c)(ii) above or subsection (d) below, may elect to retire provided that the

retirement allowance shall be reduced actuarially for each month that the age of the member is less

than the eligible retirement age under subparagraphs (c)(i) or (c)(ii) above or subsection (d) below

in accordance with the following table:

Year Preceding Cumulative Annual Cumulative Monthly

Retirement Reduction Reduction

For Year 1 9% .75%

For Year 2 8% .667%

For Year 3 7% .583%

For Year 4 7% .583%

For Year 5 7% .583%

     (iv) Notwithstanding any other provisions of section 36-10-9(c), a member who has

completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at

his or her eligible retirement date as determined under paragraphs (1)(a) and (1)(b) above provided

that a member making an election under this paragraph shall receive the member’s retirement

benefit determined and calculated based on the member’s service and average compensation as of

June 30, 2012. This provision shall be interpreted and administered in a manner to protect a

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member’s accrued benefit on June 30, 2012.

     (d)(1) Notwithstanding any other provisions of subsection (c) above, effective July 1, 2015,

members in active service shall be eligible to retire upon the earlier of: (A) The attainment of at

least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the

attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total

service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two

(32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at

least thirty-three (33) years of total service; or (B) The member’s retirement eligibility date under

subsections (c)(i) or (c)(ii) above.

     (ii) Notwithstanding any other provisions of subsection (c) or subsection (d)(i) of this

section, commencing July 1, 2023, teachers in active service shall be eligible to retire upon the

earlier of:

     (A) The attainment of at least age sixty (60) and the completion of at least thirty (30) years

of total service; or

     (B) The teacher's retirement eligibility date under subsections (c)(i) or (c)(ii) of this section.

     (2) Any faculty employee at a public institution of higher education under the jurisdiction

of the council on postsecondary education shall not be involuntarily retired upon attaining the age

of seventy (70) years.

     (3)(i) Except as specifically provided in § 36-10-9.1, §§ 36-10-12 — 36-10-15, and §§ 45-

21-19 — 45-21-22, (I) On or prior to June 30, 2012 no member shall be eligible for pension benefits

under this chapter unless the member shall have been a contributing member of the employee’s

retirement system for at least ten (10) years, or (II) For members in active contributory service on

or after July 1, 2012, the member shall have been a contributing member of the retirement system

for at least five (5) years.

     (ii) Provided, however, a person who has ten (10) years service credit on or before June 16,

1991, shall be vested.

     (iii) Furthermore, any past service credits purchased in accordance with § 36-9-38 shall be

counted towards vesting.

     (iv) Any person who becomes a member of the employees’ retirement system pursuant to

§ 45-21-4 shall be considered a contributing member for the purpose of chapter 21 of title 45 and

this chapter.

     (v) Notwithstanding any other provision of law, no more than five (5) years of service

credit may be purchased by a member of the system. The five (5) year limit shall not apply to any

purchases made prior to January 1, 1995. A member who has purchased more than five (5) years

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of service credits before January 1, 1995, shall be permitted to apply those purchases towards the

member’s service retirement. However, no further purchase will be permitted. Repayment in

accordance with applicable law and regulation of any contribution previously withdrawn from the

system shall not be deemed a purchase of service credit.

     (vi) Notwithstanding any other provision of law, effective July 1, 2012, except for

purchases under §§ 16-16-7.1, 36-5-3, 36-9-31, 36-10-10.4, and 45-21-53, (A) For service

purchases for time periods prior to a member’s initial date of hire, the purchase must be made

within three (3) years of the member’s initial date of hire, (B) For service purchases for time periods

for official periods of leave as authorized by law, the purchase must be made within three (3) years

of the time the official leave was concluded by the member. Notwithstanding the preceding

sentence, service purchases from time periods prior to June 30, 2012, may be made on or prior to

June 30, 2015.

     (4) No member of the employees’ retirement system shall be permitted to purchase service

credits for casual, seasonal, or temporary employment, or emergency appointment, for employment

as a page in the general assembly, or for employment at any state college or university while the

employee is a student or graduate assistant of the college or university.

     (5) Except as specifically provided in §§ 16-16-6.2 and 16-16-6.4, a member shall not

receive service credit in this retirement system for any year or portion of it, which counts as service

credit in any other retirement system in which the member is vested or from which the member is

receiving a pension and/or any annual payment for life. This subsection shall not apply to any

payments received pursuant to the federal Social Security Act or to payments from a military

pension earned prior to participation in state or municipal employment, or to military service credits

earned prior to participation in state or municipal employment.

     (6) A member who seeks to purchase or receive service credit in this retirement system

shall have the affirmative duty to disclose to the retirement board whether or not he or she is a

vested member in any other retirement system and/or is receiving a pension, retirement allowance,

or any annual payment for life. The retirement board shall have the right to investigate as to whether

or not the member has utilized the same time of service for credit in any other retirement system.

The member has an affirmative duty to cooperate with the retirement board including, by way of

illustration and not by way of limitations the duty to furnish or have furnished to the retirement

board any relevant information which is protected by any privacy act.

     (7) A member who fails to cooperate with the retirement board shall not have the time of

service counted toward total service credit until such time as the member cooperates with the

retirement board and until such time as the retirement board determines the validity of the service

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credit.

     (8) A member who knowingly makes a false statement to the retirement board regarding

service time or credit shall not be entitled to a retirement allowance and is entitled only to the return

of his or her contributions without interest.

     SECTION 3. Section 45-21-16 of the General Laws in Chapter 45-21 entitled "Retirement

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

     45-21-16. Retirement on service allowance.

     Retirement of a member on a service retirement allowance shall be made by the retirement

board as follows:

     (1)(i) Any member who is eligible to retire on or before June 30, 2012, may retire upon the

member’s written application to the retirement board as of the first day of the calendar month in

which the application was filed, provided the member was separated from service prior to the

application, and provided, further, that if separation from service occurs during the month in which

application is filed, the effective date is the first day following the separation from service, provided

that the member at the time so specified for the member’s retirement has attained the applicable

minimum retirement age and has completed at least ten (10) years of total service or who, regardless

of age, completed thirty (30) years of total service, and notwithstanding that during the period of

notification the member has separated from service. The minimum ages for service retirement

(except for employees completing thirty (30) years of service) is fifty-eight (58) years.

     (ii) Effective July 1, 2012, the following shall apply to all members not eligible to retire

prior to July 1, 2012:

     (A) A member with contributory service on or after July 1, 2012, shall be eligible to retire

upon the completion of at least five (5) years of contributory service and attainment of the member’s

Social Security retirement age.

     (B) For members with five (5) or more years of contributory service as of June 30, 2012,

with contributory service on and after July 1, 2012, who have a retirement age of Social Security

retirement age, the retirement age will be adjusted downward in proportion to the amount of service

the member has earned as of June 30, 2012, but in no event shall a member’s retirement age under

this subparagraph (B) be prior to the attainment of age fifty-nine (59) or prior to the member’s

retirement age determined under the laws in effect on June 30, 2012. The proportional formula shall

work as follows:

     (1) The formula shall determine the first age of retirement eligibility under the laws in

effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;

     (2) The formula shall then take the member’s total service credit as of June 30, 2012, as

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the numerator and the projected service at retirement age in effect on June 30, 2012, as the

denominator;

     (3) The fraction determined in (2) shall then be multiplied by the age difference determined

in (1) to apply a reduction in years from Social Security retirement age.

     (C) Effective July 1, 2015, a member who has completed twenty (20) or more years of total

service and who has attained an age within five (5) years of the eligible retirement age under

subparagraphs (ii)(A) or (ii)(B) above or subsection (iii) below, may elect to retire provided that

the retirement allowance shall be reduced actuarially for each month that the age of the member is

less than the eligible retirement age under subparagraphs (ii)(A) or (ii)(B) above or subsection (iii)

below in accordance with the following table:

Year Preceding Cumulative Annual Cumulative Monthly

Retirement Reduction Reduction

For Year 1 9% .75%

For Year 2 8% .667%

For Year 3 7% .583%

For Year 4 7% .583%

For Year 5 7% .583%

     (D)(1) Notwithstanding any other provisions of § 42-21-16(1)(ii), a member who has

completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at

his or her eligible retirement date as determined under paragraph (i) above provided that a member

making an election under this paragraph shall receive the member’s retirement benefit determined

and calculated based on the member’s service and average compensation as of June 30, 2012. This

provision shall be interpreted and administered in a manner to protect a member’s accrued benefit

on June 30, 2012.

     (iii)(A) Notwithstanding any other provisions of subsection (ii) above, effective July 1,

2015, members in active service shall be eligible to retire upon the earlier of: (I) The attainment of

at least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the

attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total

service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two

(32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at

least thirty-three (33) years of total service; or (II) The member’s retirement eligibility date under

subsections (ii)(A) or (ii)(B) above.

     (B) Notwithstanding any other provisions of subsection (ii) or subsection (iii)(A) of this

section, commencing July 1, 2023, members in active service shall be eligible to retire upon the

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earlier of:

     (I) The attainment of least age sixty (60) and the completion of at least thirty (30) years of

total service; or

     (II) The member's retirement eligibility date under subsections (ii)(A) or (ii)(B) of this

section.

     (2) Except as specifically provided in §§ 45-21-19 — 45-21-22, no member is eligible for

pension benefits under this chapter unless:

     (I) On or prior to June 30, 2012, the member has been a contributing member of the

employees’ retirement system for at least ten (10) years; or

     (II) For members in active contributory service on or after July 1, 2012, the member shall

have been a contributing member of the employees’ retirement system for at least five (5) years.

     (i) Provided, however, a person who has ten (10) years service credit on or before June 16,

1991, is vested.

     (ii) Furthermore, any past service credits purchased in accordance with § 45-21-62 are

counted towards vesting.

     (iii) Any person who becomes a member of the employees’ retirement system pursuant to

§ 45-21-4 shall be considered a contributing member for the purpose of this chapter.

     (iv) Notwithstanding any other provision of law, no more than five (5) years of service

credit may be purchased by a member of the System. The five (5)-year limit does not apply to any

purchases made prior to the effective date of this provision. A member who has purchased more

than five (5) years of service credit maximum, before January 1, 1995, shall be permitted to apply

the purchases towards the member’s service retirement. However, no further purchase will be

permitted. Repayment, in accordance with applicable law and regulation, of any contribution

previously withdrawn from the System is not deemed a purchase of service credit.

     (v) Notwithstanding any other provision of law, effective July 1, 2012, except for purchases

under §§ 16-16-7.1, 36-5-3, 36-9-31, 36-10-10.4, and 45-21-53:

     (I) For service purchases for time periods prior to a member’s initial date of hire; the

purchase must be made within three (3) years of the member’s initial date of hire; and

     (II) For service purchases for time periods for official periods of leave as authorized by

law, the purchase must be made within three (3) years of the time the official leave was concluded

by the member.

     Notwithstanding (I) and (II) above, service purchases from time periods prior to June 30,

2012, may be made on or prior to June 30, 2015.

     (3) No member of the municipal employees’ retirement system is permitted to purchase

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service credits for casual, temporary, emergency or seasonal employment, for employment as a

page in the general assembly, or for employment at any state college or university while the

employee is a student or graduate assistant of the college or university.

     (4) A member does not receive service credit in this retirement system for any year or

portion of a year, which counts as service credit in any other retirement system in which the member

is vested or from which the member is receiving a pension and/or any annual payment for life. This

subsection does not apply to any payments received pursuant to the federal Social Security Act or

to payments from a military pension earned prior to participation in state or municipal employment,

or to military service credits earned prior to participation in state or municipal employment.

     (5) A member who seeks to purchase or receive service credit in this retirement system has

the affirmative duty to disclose to the retirement board whether or not he or she is a vested member

in any other retirement system and/or is receiving a pension retirement allowance or any annual

payment for life. The retirement board has the right to investigate whether or not the member has

utilized the same time of service for credit in any other retirement system. The member has an

affirmative duty to cooperate with the retirement board including, by way of illustration and not by

way of limitation, the duty to furnish or have furnished to the retirement board any relevant

information which is protected by any privacy act.

     (6) A member who fails to cooperate with the retirement board shall not have the time of

service counted toward total service credit until a time that the member cooperates with the

retirement board and until a time that the retirement board determines the validity of the service

credit.

     (7) A member who knowingly makes a false statement to the retirement board regarding

service time or credit is not entitled to a retirement allowance and is entitled only to the return of

his or her contributions without interest.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- TEACHER'S RETIREMENT

***

     This act would allow teachers, state and municipal employees to retire upon the earlier of

reaching age sixty (60) with thirty (30) years of service or the employee's retirement eligibility date

under present state statutes.

     This act would take effect upon passage.

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