2023 -- H 5984

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LC002083

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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--

CONTRIBUTIONS AND BENEFITS

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

     Date Introduced: March 01, 2023

     Referred To: House Finance

     (Dept. of Corrections)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 36-10-9.2 of the General Laws in Chapter 36-10 entitled "Retirement

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

     36-10-9.2. Retirement on service allowance — Correctional officers.

     (a) This section shall apply to the retirement of members employed as assistant director

(adult services), assistant deputy director, chief of inspection, deputy chief of inspection, and

associate directors, correctional officer, inspector, chief of security, work rehabilitation program

supervisor, supervisor of custodial records and reports, and classification counselor within the

department of corrections.

     (b)(1) Any member who has attained the age of fifty (50) years may be retired subsequent

to the proper execution and filing of a written application; provided, however, that the member

shall have completed twenty (20) years of total service within the department of corrections and

who retires before October 1, 2009, or is eligible to retire as of September 30, 2009.

     (2) For members who become eligible to retire on or after October 1, 2009, benefits are

available to members who have attained the age of fifty-five (55) and have completed at least

twenty-five (25) years of total contributory service within the department of corrections. For

members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009,

but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of fifty-five

(55) 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:

     (i) 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 fifty-

five (55).

     (ii) 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 (b)(2)(i) as the denominator.

     (iii) The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference

determined in (b)(2)(i) to apply a reduction in years from age fifty-five (55).

     (c) Any member with contributory service on or after July 1, 2012, who has completed at

least five (5) years of contributory service but who has not completed twenty-five (25) years of

contributory service, shall be eligible to retire upon the attainment of the member’s Social Security

retirement age or, notwithstanding any other provisions, effective July 1, 2015, members in active

service shall be eligible to retire upon the earlier of:

     (1) 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

     (2) The member’s retirement eligibility date under § 36-10-9(1)(c)(ii).

     (d) Any member who shall have rendered service both as a state employee under § 36-10-

9, and service under subsection (a) of this section, shall be eligible to elect to combine the member’s

service under subsection (a) of this section and service under § 36-10-9 to determine the member’s

retirement eligibility date under § 36-10-9. For any member making this election, the member will

receive a single benefit equal to the accrued benefit computed under § 36-10-10.2, plus the accrued

benefit computed under § 36-10-10.

     (e) The provisions of subsection (d) shall also apply to members who have retired on a

service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in

writing to the retirement board and shall apply prospectively from the date the request is received

by the retirement board.

     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--

CONTRIBUTIONS AND BENEFITS

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     This act would include the deputy chief of inspection and inspector within the provision of

law relating to retirement on service allowance relating to correctional officers.

     This act would take effect upon passage.

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