Chapter 003

2009 -- H 5943

Enacted 03/04/09

 

A N A C T

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

     

     Introduced By: Representatives Costantino, Serpa, Pollard, Martin, and Mattiello

     Date Introduced: March 03, 2009

 

     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 titles 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 titles 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 titles 16, 36, or 45 may be

employed or reemployed by any municipality within the state, which municipality has accepted

the provisions of chapter 21 of title 45 and which 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 of 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 re-employment 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 re-employed by any municipality within the state which has not accepted the

provisions of chapter 21 of title 45 and which 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 fifteen

thousand dollars ($15,000) 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; and 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 for higher education for the

purpose of providing classroom instruction in driver education courses in accordance with section

31-10-19 and/or motorcycle driver education courses in accordance with section 31-10.1-1.1. In

no event 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; and

      (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. In no event shall "part-time" mean gross pay

of more than twelve thousand dollars ($12,000) 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.

     (5)(a) Any retired member who retired from service with the department of labor and

training, is proficient in the processing of unemployment insurance claims, as established by the

department, and has extensive experience working in the administration of the unemployment

insurance program may be employed or reemployed by the department for the purpose processing

unemployment insurance claims between January 27, 2009 and March 1, 2009 without any

forfeiture of or reduction of any retirement benefits and allowances that he or she is receiving or

may receive. Compensation shall be provided at a level not to exceed the salary provided to

others employed under the collective bargaining agreement. 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 re-employment

shall be sent monthly to the retirement board by the employer and by the retired member.

     (b) The provisions of subsection 36-10-36 (d) (5) (a) shall expire on March 2, 2009.

     (c) Any retired member who retired from service with the department of labor and

training, is proficient in the processing of unemployment insurance claims, as established by the

department, and has extensive experience working in the administration of the unemployment

insurance program may be employed or reemployed by the department for the purpose processing

unemployment insurance claims between March 3, 2009 and April 3, 2009 without any forfeiture

of or reduction of any retirement benefits and allowances that he or she is receiving or may

receive. Compensation shall be provided at a level not to exceed the salary provided to others

employed under the collective bargaining agreement. 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 re-employment

shall be sent monthly to the retirement board by the employer and by the retired member.

     (d) The provisions of subsection 36-10-36 (d)(5)(c) shall expire on April 4, 2009.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02127

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