2023 -- H 5093

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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 EDUCATION -- TEACHERS' RETIREMENT

     

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

     Date Introduced: January 12, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-16-1 and 16-16-26 of the General Laws in Chapter 16-16 entitled

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"Teachers’ Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" are

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hereby amended to read as follows:

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     16-16-1. Definitions.

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     (a) The following words and phrases used in this chapter, unless a different meaning is

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plainly required by the context, have the following meanings:

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     (1) “Active member” means any teacher as defined in this section for whom the retirement

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system is currently receiving regular contributions pursuant to §§ 16-16-22 and 16-16-22.1.

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     Except as otherwise provided in this section, the words and phrases used in this chapter, so

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far as applicable, have the same meanings as they have in chapters 8 to 10 of title 36.

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     (2) “Beneficiary” means any person in receipt of annuity, benefit, or retirement allowance

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from the retirement system as provided in this chapter.

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     (3) “Child” includes a stepchild of a deceased member who has been a stepchild for at least

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one year immediately preceding the date on which the member died or an adopted child of a

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deceased member without regard to the length of time the child has been adopted.

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     (4) “Former spouse divorced” means a person divorced from a deceased member, but only

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if the person meets one of the following conditions:

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     (i) Is the mother or father of the deceased member’s child(ren);

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     (ii) Legally adopted the deceased member’s child(ren) while married to the deceased

 

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member and while the child(ren) was under the age of eighteen (18) years; or

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     (iii) Was married to the deceased member at the time both of them legally adopted a

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child(ren) under the age of eighteen (18) years; or

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     (iv) Was married to the deceased member for ten (10) or more years and to whom the

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deceased member was required by a court order to contribute post-divorce support.

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     (5) “Member” means any person included in the membership of the retirement system

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under the provisions of this chapter.

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     (6) “Prior service” means service as a teacher rendered prior to the first day of July, 1949,

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certified on his or her prior service certificate and allowable as prior service under the provisions

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of this chapter.

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     (7) “Retired teacher” means any teacher who retired prior to July 1, 1949, pursuant to the

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provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in receipt of a pension

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under the provisions of that chapter.

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     (8) “Retirement system” and “system” means the employees’ retirement system of the state

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of Rhode Island created by chapter 8 of title 36, and “retirement board” means the board established

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under that chapter.

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     (9) “Salary” or “compensation” includes any and all salary paid for teaching services

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regardless of whether any part of the salary or compensation is derived from any state or federal

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grant or appropriation for teachers’ salaries, as the term is defined in § 36-8-1(8). “Average

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compensation” shall be defined in accordance with section 36-8-1(5)(a).

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     (10) “Service” means service as a teacher as described in subdivision (12) of this section.

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Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or

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assistant superintendent shall be combined in computing periods of service and employment.

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     (11) “Spouse” means the surviving person who was married to a deceased member, but

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only if the surviving person meets one of the following conditions:

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     (i) Was married to the deceased member for not less than one year immediately prior to the

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date on which the member died;

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     (ii) Is the mother or father of the deceased member’s child(ren);

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     (iii) Legally adopted the deceased member’s child(ren) while married to the deceased

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member and while the child(ren) was under the age of eighteen (18) years; or

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     (iv) Was married to the deceased member at the time both of them legally adopted a

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child(ren) under the age of eighteen (18) years.

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     (12) “Teacher” means a person required to hold a certificate of qualification issued by or

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under the authority of the board of regents for elementary and secondary education and who is

 

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engaged in teaching as his or her principal occupation and is regularly employed as a teacher in the

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public schools of any city or town in the state, or any formalized, commissioner approved,

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cooperative service arrangement. The term includes a person employed as a teacher, supervisor,

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principal, assistant principal, superintendent, or assistant superintendent of schools, director,

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assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse

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teacher, and attendance officer or any person who has worked in the field of education or is working

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in the field of education that holds a teaching or administrative certificate. In determining the

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number of days served by a teacher the total number of days served in any public school of any city

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or town in the state may be combined for any one school year. The term also includes a school

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business administrator whether or not the administrator holds a teaching or administrative

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certificate, and also includes occupational therapists and physical therapists licensed by the

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department of health and employed by a school committee in the state, or by any formalized,

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commissioner approved, cooperative service arrangement.

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     (13) “Teaching” includes teaching, supervising, and superintending or assistant

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superintending of schools.

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     (14) “Total service” means prior service as defined in subdivision (6) of this section, plus

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service rendered as a member of the system on or after the first day of July, 1949.

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     (15) For purposes of this chapter, “domestic partner” shall be defined as a person who,

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prior to the decedent’s death, was in an exclusive, intimate and committed relationship with the

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decedent, and who certifies by affidavit that their relationship met the following qualifications:

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     (i) Both partners were at least eighteen (18) years of age and were mentally competent to

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contract;

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     (ii) Neither partner was married to anyone else;

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     (iii) Partners were not related by blood to a degree which would prohibit marriage in the

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state of Rhode Island;

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     (iv) Partners resided together and had resided together for at least one year at the time of

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death; and

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     (v) Partners were financially interdependent as evidenced by at least two (2) of the

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following:

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     (A) Domestic partnership agreement or relationship contract;

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     (B) Joint mortgage or joint ownership of primary residence;

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     (C) Two (2) of: (I) joint ownership of motor vehicle; (II) joint checking account; (III) joint

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credit account; (IV) joint lease; and/or

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     (D) The domestic partner had been designated as a beneficiary for the decedent’s will,

 

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retirement contract or life insurance.

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     (b) The masculine pronoun wherever used shall also include the feminine pronoun.

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     (c) Any term not specifically defined in this chapter and specifically defined in chapters

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36-8 — 36-10 shall have the same definition as set forth in chapters 36-8 — 36-10.

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     16-16-26. Spouse’s or domestic partner’s benefits Spouse's, former spouse divorced,

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or domestic partner's benefits.

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     (a) Spouse’s, former spouse divorced, and domestic partner’s benefits are payable

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following the decease of a member as provided in §§ 16-16-25 — 16-16-38.

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     (b) The spouse, former spouse divorced, or domestic partner shall be entitled to benefits

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upon attaining the age of sixty (60) years.

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     (c) The spouse, former spouse divorced, or domestic partner was living with the deceased

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member at the time of the member’s death. A spouse, former spouse divorced, or domestic partner

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is deemed to have been living with the deceased member if they were both members of the same

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household on the date of the deceased member’s death, or the spouse, former spouse divorced, or

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domestic partner was receiving regular contributions from the deceased member toward support on

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that date, or the deceased member had been ordered by a court to contribute to the spouse’s, former

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spouse divorced, or domestic partner’s support.

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     (d) Remarriage of the spouse, former spouse divorced, or domestic partner or establishment

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of a domestic partnership shall render him or her ineligible to receive current or future benefits

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under this section.

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     (e) The spouse or domestic partner of a member, as defined in this section, shall be entitled

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to monthly benefits payable in accordance with the following table:

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Spouse’s or Domestic Partner’s

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Highest Annual Salary Monthly Minimum Benefit

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$17,000 or less $825

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$17,001 to $25,000 $963

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$25,001 to $33,000 $1,100

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$33,001 to $40,000 $1,238

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$40,001 and over $1,375

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     (f) The former spouse divorced shall be entitled to monthly benefits, payable in accordance

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with the table provided in subsection (e) of this section, only if there are no dependent children,

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parents, or other spouse or domestic partner entitled to benefits.

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     (f)(g) A yearly cost-of-living adjustment for spouse’s, former spouse divorced, or domestic

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partner’s benefits shall be based on the annual social security adjustment.

 

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     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 EDUCATION -- TEACHERS' RETIREMENT

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     This act would for purposes of teachers' retirement benefits, amend the definition of

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"former spouse divorced" to include someone who was married to a deceased member for ten (10)

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or more years and the deceased member was required by court order to contribute support post-

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divorce. It would also include the "former spouse divorced" in the spouse and domestic partner's

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benefits statute.

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     This act would take effect upon passage.

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