2023 -- H 6203

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LC002625

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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 TOWNS AND CITIES -- OPTIONAL RETIREMENT FOR MEMBERS OF

POLICE FORCE AND FIREFIGHTERS

     Introduced By: Representatives O'Brien, Dawson, Caldwell, Craven, McEntee, Shanley,
Batista, Vella-Wilkinson, Perez, and Noret

     Date Introduced: March 24, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-21.2-5 of the General Laws in Chapter 45-21.2 entitled "Optional

Retirement for Members of Police Force and Firefighters" is hereby amended to read as follows:

     45-21.2-5. Retirement on service allowance.

     (a) Retirement of a member on a service retirement allowance for members eligible to retire

on or before June 30, 2012, shall be made, subject to paragraph (a)(11) below, by the retirement

board as follows:

     (1) Any member who has attained or attains age seventy (70) shall be retired as stated in § 

45-21-16 subject to the discretions contained in that section; provided, that any member who is a

member of the Woonsocket fire department who has attained or attains an age of sixty-five (65)

years shall be retired. Retirement occurs on the first day of the next succeeding calendar month in

which the member has attained the age of sixty-five (65) years.

     (2) Any member may retire pursuant to this subdivision upon written application to the

board stating at what time the member desires to retire; provided, that the member at the specified

time for retirement has attained an age of fifty-five (55) years and has completed at least ten (10)

years of total service, and notwithstanding that the member may have separated from service.

     (3) Any member may retire pursuant to this subdivision upon written application to the

board stating at what time the member desires to retire; provided, that the member at the specified

time for retirement has completed at least twenty-five (25) years of total service, and

notwithstanding that the member may have separated from service.

     (4) Any member may retire pursuant to this subdivision upon written application to the

board stating at what time the member desires to retire; provided, that the member at the specified

time for retirement has attained an age of fifty (50) years and has completed at least twenty (20)

years of total service, notwithstanding that the member may have separated from service; provided,

that the service retirement allowance, as determined according to the formula provided in § 45-

21.2-6, is reduced one-half of one percent (1/2%) for each month that the age of the member is less

than fifty-five (55) years.

     (5) Any member of the South Kingstown police department may retire pursuant to this

subdivision upon written application to the board stating at what time the member desires to retire;

provided, that the member at the specified time for retirement has earned a service retirement

allowance of fifty percent (50%) of final compensation pursuant to § 45-21.2-6.1.

     (6) Any member of the Johnston police department may retire pursuant to this subdivision

upon written application to the board stating at what time the member desires to retire; provided,

that the member at the specified time for retirement has earned a service retirement allowance of

fifty percent (50%) of final compensation pursuant to § 45-21.2-6.2.

     (7) Any member of the Cranston fire department hired after July 1, 1995, or any member

of the Cranston fire department with five (5) years or less of service effective July 1, 1995, may

retire pursuant to this subdivision upon written application to the board stating at what time the

member desires to retire; provided, that the member at the specified time for retirement has earned

a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20)

years service; final compensation for Cranston fire department members is based on the

compensation components of weekly salary, longevity and holidays with longevity of the members

highest year of earnings and members shall receive a three percent (3%) escalation of their pension

payment compounded each year on January 1st following the year of retirement and continuing on

an annual basis on that date; further, any illness or injury not covered in title 45 relating to the

presumption of disability is governed by the collective bargaining agreement between the City of

Cranston and members of the Cranston fire department.

     (8) Any member of the Cranston police department hired after July 1, 1995, or any member

of the Cranston police department with five (5) years or less of service effective July 1, 1995, may

retire pursuant to this subdivision upon written application to the board stating at what time the

member desires to retire; provided, that the member at the specified time for retirement has earned

a service retirement allowance of fifty percent (50%) of final compensation for at least twenty (20)

years service; final compensation for Cranston police department members is based on the

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compensation components of weekly salary, longevity and holidays with longevity of the members

highest year of earnings and members shall receive a three percent (3%) escalation of their pension

payment compounded each year on January 1st following the year of retirement and continuing on

an annual basis on that date; further, any illness or injury not covered in title 45 relating to the

presumption of disability is governed by the collective bargaining agreement between the City of

Cranston and members of the Cranston police department.

     (9) Any member of the Hopkinton police department may retire pursuant to this subdivision

upon written application to the board stating at what time the member desires to retire; provided,

that the member at the specified time for retirement has earned a service retirement allowance of

fifty percent (50%) of final compensation for at least twenty (20) years service; final compensation

for Hopkinton police department members is based on the compensation components of weekly

salary, longevity and holidays with longevity of the members highest year of earnings and members

shall receive a three percent (3%) escalation of their pension payment compounded each year on

January 1st following the year of retirement and continuing on an annual basis on that date.

     (10) Any member of the Richmond police department may retire pursuant to this

subdivision upon written application to the board stating at what time the member desires to retire;

provided, that the member at the specified time for retirement has earned a service retirement

allowance of fifty percent (50%) of final compensation for at least twenty-two (22) years’ service

pursuant to § 45-21.2-6.3.

     (11) Notwithstanding any provision in this section to the contrary, for any service on or

after July 1, 2012, final compensation shall be defined in accordance with § 45-21.2-2, and no

benefit adjustments shall be provided except as set forth in §  45-21-52(c).

     (12) Notwithstanding any provision in this section or in § 45-21-52(c) or (d), active and

retired members, and the beneficiaries receiving any retirement allowance or benefit of any kind,

shall also receive a two and one-half percent (2.5%) escalation of their pension payment,

compounded each year on January 1 following the year of retirement and continuing on an annual

basis thereafter on that date.

     (12)(13) Notwithstanding any provisions of this section to the contrary, with respect to

police officers employed by the town of Johnston, only those police officers hired on or after July

1, 2010, shall be eligible to be members of the Municipal Employees’ Retirement System of the

state of Rhode Island in accordance with this chapter.

     (b) Retirement of a member on a service retirement allowance eligible to retire on and after

July 1, 2012, shall be made by the retirement board as follows:

     (1) Any member may retire pursuant to this subdivision upon written application to the

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board stating at what time the member desires to retire; provided, that the member at the specified

time for retirement attained the age of at least fifty-five (55) years and has completed at least

twenty-five (25) years of total service, and notwithstanding that the member may have separated

from service; or

     (2) Effective July 1, 2015, the member makes contributions to the plan effective July 1,

2015, in accordance with § 45-21.2-14, and (i) The member at the specified time for retirement

attained the age of at least fifty (50) years and has completed at least twenty-five (25) years of total

service; or (ii) The member has completed at least twenty-seven (27) years of total service

regardless of the member’s attained age, and notwithstanding that the member may have separated

from service.

     (3) 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

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

age.

     (4) If a member had ten (10) or more years of contributory service and attained age forty-

five (45) prior to July 1, 2012, and would have been eligible to retire at or prior to age fifty-two

(52) in accordance with the rules in effect prior to July 1, 2012, the member may retire upon

attainment of age fifty-two (52).

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

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

subparagraphs (b)(1) or (b)(2) or (b)(3) or (b)(4) above, 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 (b)(1) or (b)(2) or (b)(3) or (b)(4) above in

accordance with the following table:

 Year Preceding Retirement Cumulative Annual Reduction Cumulative Monthly

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%

(6) Notwithstanding any other provisions of this section, a member on June 30, 2012,

may elect to retire at his or her eligible retirement date as determined under the rules in effect on

June 30, 2012, provided that a member making an election under this paragraph shall receive the

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member’s retirement benefit determined and calculated based on the member’s service and final

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.

     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 TOWNS AND CITIES -- OPTIONAL RETIREMENT FOR MEMBERS OF

POLICE FORCE AND FIREFIGHTERS

***

     This act would authorize an annual two and one-half percent (2.5%) escalation for all active

and retired police and fire fighter's retirement pension allowance, compounded each year on

January 1 following the year of retirement and continuing yearly, on that date.

     This act would take effect upon passage.

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