ARTICLE 7 SUBSTITUTE A AS AMENDED

 

RELATING TO PENSIONS

 

     SECTION 1. Section 36-8-1 of the General Laws in Chapter 36-8 entitled "Retirement

System - Administration" is hereby amended to read as follows:

 

     36-8-1. Definition of terms. -- The following words and phrases as used in chapters 8 to

10 of this title unless a different meaning is plainly required by the context, shall have the

following meanings:

      (1) "Accumulated contributions" shall mean the sum of all the amounts deducted from

the compensation of a member and credited to his or her individual account together with regular

interest thereon.

      (2) "Actuarial equivalent" shall mean an allowance or benefit of equal value to any other

allowance or benefit when computed upon the basis of the actuarial tables in use by the system.

      (3) "Annuity reserve" shall mean the present value of all payments to be made on

account of any annuity, benefit, or retirement allowance granted under the provisions of chapter

10 of this title computed upon the basis of such mortality tables as shall be adopted from time to

time by the retirement board with regular interest.

      (4) "Average compensation" for members eligible to retire as of September 30, 2009

shall mean the average of the highest three (3) consecutive years of compensation, within the total

service when the average compensation was the highest. For members eligible to retire on or after

October 1, 2009, "Average compensation" shall mean the average of the highest five (5)

consecutive years of compensation within the total service when the average compensation was

the highest.

      (5) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement

allowance, or other benefit as provided by chapter 10 of this title.

      (6) "Casual employee" shall mean those persons hired for an occasional period to

perform special jobs or functions not necessarily related to the work of regular employees.

      (7) "Compensation" as used in chapters 8 -- 10 of this title, chapters 16 and 17 of title 16,

and chapter 21 of title 45 shall mean salary or wages earned and paid for the performance of

duties for covered employment, including regular longevity or incentive plans approved by the

board, but shall not include payments made for overtime or reasons other than performance of

duties or activities, including but not limited to the types of payments listed below:

      (i) Payments contingent on the employee having terminated or died;

      (ii) Payments made at termination for unused sick leave, vacation leave, or

compensatory time;

      (iii) Payments contingent on the employee terminating employment at a specified time in

the future to secure voluntary retirement or to secure release of an unexpired contract of

employment;

      (iv) Individual salary adjustments which are granted primarily in anticipation of the

employee's retirement;

      (v) Additional payments for performing temporary or extra duties beyond the normal or

regular work day or work year.

      (8) "Employee" shall mean any officer or employee of the state of Rhode Island whose

business time is devoted exclusively to the services of the state, but shall not include one whose

duties are of a casual or seasonal nature. The retirement board shall determine who are employees

within the meaning of this chapter. The governor of the state, the lieutenant governor, the

secretary of state, the attorney general, the general treasurer, and the members of the general

assembly, ex officio, shall not be deemed to be employees within the meaning of that term unless

and until they elect to become members of the system as provided in section 36-9-6, but in no

case shall it deem as an employee, for the purposes of this chapter, any individual who devotes

less than twenty (20) business hours per week to the service of the state, and who receives less

than the equivalent of minimum wage compensation on an hourly basis for his or her services,

except as provided in section 36-9-24. Any commissioner of a municipal housing authority or any

member of a part-time state board, commission, committee or other public authority shall not be

deemed to be an employee within the meaning of this chapter.

      (9) "Full actuarial costs" or "full actuarial value" shall mean the lump sum payable by a

member claiming service credit for certain employment for which that payment is required which

is determined according to the age of the member and the employee's annual rate of compensation

at the time he or she applies for service credit and which is expressed as a rate percent of the

employee's annual rate of compensation to be multiplied by the number of years for which he or

she claims service credit as prescribed in a schedule adopted by the retirement board from time to

time on the basis of computation by the actuary. All service credit purchases requested after June

16, 2009, except military credit as provided by sections 36-9-31 and 16-16-7.1, shall be at full

actuarial value.

      (10) "Inactive member" shall mean a member who has withdrawn from service as an

employee but who has not received a refund of contributions.

      (11) "Members" shall mean any person included in the membership of the retirement

system as provided in sections 36-9-1 -- 36-9-7.

      (12) "Prior service" shall mean service as a member rendered before July 1, 1936,

certified on his or her prior service certificate and allowable as provided in section 36-9-28.

      (13) "Regular interest" shall mean interest at the rate of two percent (2%) per annum,

compounded annually, or at such other rate determined from the actual experience of the system

as may be prescribed from time to time by the board.

      (14) "Retirement allowance" shall mean annual payments for life made after retirement

under and in accordance with chapters 8 to 10 of this title. All allowances shall be paid in equal

monthly installments beginning as of the effective date thereof; provided, that a smaller pro rata

amount may be paid for part of a month where separation from service occurs during the month

in which the application was filed, and when the allowance ceases before the last day of the

month.

      (15) "Retirement board" shall mean the board provided in section 36-8-3 to administer

the retirement system.

      (16) "Retirement system" shall mean the employees' retirement system of the state of

Rhode Island as defined in section 36-8-2.

      (17) "Service" shall mean service as an employee of the state of Rhode Island as

described in subdivision (8) of this section.

      (18) "Total service" shall mean prior service as defined above, plus service rendered as a

member on or after July 1, 1936.

      (19) "Active member" shall mean any employee of the state of Rhode Island as defined

in this section for whom the retirement system is currently receiving regular contributions

pursuant to sections 36-10-1 and 36-10-1.1.

 

     SECTION 2. Sections 36-9-20, 36-9-20.5, 36-9-25.1, 36-9-26 and 36-9-31.1 of the

General Laws in Chapter 36-9 entitled "Retirement System-Membership and Service Credits" are

hereby amended to read as follows:

 

     36-9-20. Credit for service as a teacher, municipal employee, or legislator. -- (a) Any

state employee who shall have rendered service as a teacher as defined under the provisions of

chapters 16 and 17 of title 16 shall be entitled to credit for that service for the various purposes of

this system, provided the member shall have been a contributing member of this system for that

period. Any state employee who shall have been a contributing member of the municipal system

as defined under the provisions of chapter 21 of title 45 shall be given credit for that service for

the various purposes of this system, provided the member's contributions are transferred to this

system. All contributions made by the member shall be transferred into this system for the periods

of service and the retirement system shall calculate the full actuarial value of the accrued benefit

with the former employer. If the full actuarial value of the accrued benefit with the former

employer is greater than the total employee contributions transferred, the retirement system shall

also transfer the difference between the full actuarial value of the accrued benefit with the former

employer and the employee's contributions from the account of the former employer to the

account of the current employer. In any case in which a member shall have received a refund or

refunds of contributions made to the system, the allowance of the aforesaid credit for service shall

be conditioned upon the repayment payment of the refund or refunds, including regular interest

from the date of refund to the date of repayment of the full actuarial cost as defined in subsection

36-8-1(9). Any service as defined herein for which no contributions were made may be granted

provided the member pays to the retirement system a the full actuarial cost as defined in section

36-8-1(9) lump sum amount equal to the amount he or she would have contributed had he or she

been a member during that period, plus interest as determined by the retirement board. Any state

employee or teacher as defined under the provisions of chapters 16 and 17 of title 16 who shall

have been employed by a municipality which did not elect to accept chapter 21 of title 45 as

provided in section 45-21-4 shall be given credit for that service for the various purposes of this

system, provided that the employee shall have met the definitional requirements of "employee" as

stated in section 45-21-2(5) and provided the member pays to the retirement system a an lump

sum amount equal to the full actuarial value of the credit as certified by the retirement board;

provided, however, that any state employee who shall have been employed by a municipality

which did not elect to accept chapter 21 of title 45 as provided in section 45-21-4 shall be given

credit for that service for the various purposes of this system, to a maximum period of four (4)

years, provided the member pays to the retirement system the a full actuarial cost as defined in

subsection 36-8-1(9). lump sum amount equal to ten percent (10%) of his or her entry level salary

in the state retirement system multiplied by the number of years in which he or she seeks

membership service credit prior to December 31, 1986. Nothing in this section shall be deemed to

allow the purchase of four (4) years of service for credit in more than one retirement system.

      (b) The retirement board shall fix and determine rules and regulations to govern the

provisions of this section.

 

     36-9-20.5. Purchase of service credit -- Inactive status. -- Notwithstanding any general

or public law to the contrary, any state employee or teacher participating in the employees'

retirement system who is on workers' compensation may purchase up to four (4) years of service

credit for time currently permitted to be purchased under law without the necessity of returning to

active status as an employee. The member shall pay to the system the full actuarial cost as defined

in subsection 36-8-1(9) in a lump sum the contributions he or she would have paid plus interest

for the period for which the member seeks membership service credit, except as provided in

section 36-9-31 for military service credit.

 

     36-9-25.1.Leave service credits. -- (a) Notwithstanding any other provisions of the

retirement law or rulings of the retirement board in accordance with the powers vested therein,

state employees with at least one year of service who have been granted by their appointing

authority a leave of absence without pay to further their education in the field of their state

employment, shall be entitled to credit as service for the various purposes of their retirement

system, provided the person, upon completion of his or her educational leave, returns to state

service for at least one year; and provided further that the employee makes arrangements to pay

into the retirement system on or before the date of retirement and in such manner as the

retirement board may prescribe an amount equal to the full actuarial cost as defined in subsection

36-8-1(9) contribution he or she would have made to the retirement system based upon his or her

expected compensation but for the granting of leave without pay,. the contributions plus regular

interest compounded annually up to the date of payment.

      (b) Any state employee who is granted a leave of absence without pay for illness, injury,

or any other reason may receive credit therefor by making the full actuarial cost as defined in

subsection 36-8-1(9) contributions to the retirement system an amount equal to the contribution

he or she would have made to the retirement system based upon his or her expected compensation

but for the granting of leave without pay, plus regular interest compounded annually to date of

payment; provided the employee returns to state service for at least one year upon completion of

the leave. Credit for leaves of absence shall be limited in the aggregate during the total service of

an employee to a period of four (4) years.

 

     36-9-26. Credits for layoffs. -- (a) Members who are laid off for any reason and are not

on leave without pay may purchase up to one years' credit for retirement purposes; provided the

member did not withdraw his or her retirement contributions while on layoff, and returns to active

membership; provided, further, that the member purchases that credit upon his or her return to

service from the layoff and pays into the retirement system the full actuarial cost as defined in

subsection 36-8-1(9). in a lump sum the amount he or she would have contributed to the system

but for the layoff plus regular interest.

      (b) The retirement board shall fix and determine rules and regulations to govern the

provisions of this section.

 

     36-9-31.1. Peace corps, teacher corps, and volunteers in service to America. -- (a)

Any active member who served in the peace corps, teacher corps, or in volunteers in service to

America may purchase credit for that service up to a maximum of four (4) years in the aggregate;

provided, that any member on an official leave of absence for illness or injury shall be eligible to

purchase those credits while on the leave of absence.

      (b) The cost to purchase these credits shall be the full actuarial cost as defined in

subsection 36-8-1(9) ten percent (10%) of the members first year earnings as a member of the

retirement system multiplied by the number of years and fraction thereof of that service in the

peace corps, teacher corps, or VISTA, up to a maximum of four (4) years.

      (c) There will be no interest charge provided the member makes that purchase during his

or her first five (5) years of membership in the retirement system, but regular interest will be

charged to date of purchase from date of enrollment into membership if purchased after

completing five (5) years of membership; provided, however, any member who was in the

retirement system prior to July 1, 1980, will not be charged interest whenever he or she purchases

the credit.

 

     SECTION 3. Sections 36-10-9, 36-10-9.2, 36-10-9.3, 36-10-10, 36-10-11, 36-10-14, 36-

10-15 and 36-10-35 of the General Laws in Chapter 36-10 entitled "Retirement System-

Contributions and Benefits" are 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, 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, 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 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 section 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, 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, 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).

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

of the board of governors for higher education shall not be involuntarily retired upon attaining the

age of seventy (70) years.

      (3) (i) Except as specifically provided in section 36-10-9.1, sections 36-10-12 -- 36-10-

15, and sections 45-21-19 -- 45-21-22, 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.

      (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 section 36-9-38

shall be counted towards vesting.

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

section 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

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.

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

service credits for casual 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.

      (5) Except as specifically provided in sections 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

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.

 

     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, and associate directors, correctional officer, chief of security,

work rehabilitation program supervisor, supervisor of custodial records and reports, and

classification counselor within the department of corrections.

      (b) (i) 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.

     (ii) 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 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, 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:

      (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

fifty-five (55).

     (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 in (1) to apply a reduction in years from age fifty-five (55).

 

     36-10-9.3. Retirement on service allowance -- Registered nurses. -- (a) This section

shall apply to the retirement of members employed as registered nurses within the department of

mental health, retardation, and hospitals.

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

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

shall have completed twenty-five (25) years of total service within the department of mental

health, retardation, and hospitals and who retires before October 1, 2009 or is eligible to retire as

of September 30, 2009.

     (ii) 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 service within the department of mental health, retardation and

hospitals. For members in service as of October 1, 2009 who were not eligible to retire as of

September 30, 2009, the minimum retirement age of fifty-five (55), 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

fifty-five (55).

     (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 in (1) to apply a reduction in years from age fifty-five (55).

 

     36-10-10. Amount of service retirement allowance. -- (a) (1) (i) For employees eligible

to retire on or before September 30, 2009, Upon upon retirement for service under section 36-10-

9, a member whose membership commenced before July 1, 2005 and who has completed at least

ten (10) years of contributory service on or before July 1, 2005 shall receive a retirement

allowance which shall be determined in accordance with schedule A below:

     Schedule A

     Years of Service Percentage Allowance

     1st through 10th inclusive 1.7%

     11th through 20th inclusive 1.9%

     21st through 34th inclusive 3.0%

     35th 2.0%

     (ii) For employees eligible to retire on or after October 1, 2009, who were not eligible to

retire on or before September 30, 2009, upon retirement from service under section 36-10-9, a

member whose membership commenced before July 1, 2005 and who has completed at least ten

(10) years of contributory service on or before July 1, 2005 shall receive a retirement allowance

which shall be determined in accordance with schedule A above for service on before September

30, 2009, and shall be determined in accordance with schedule B in subsection (a)(2) below for

service on or after October 1, 2009.

     (2) Upon retirement for service under section 36-10-9, a member whose membership

commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory

service as of July 1, 2005, shall, receive a retirement allowance which shall be determined in

accordance with Schedule B below:

     Schedule B

     Years of Service Percentage Allowance

     1st through 10th inclusive 1.60%

     11th through 20th inclusive 1.80%

     21st through 25th inclusive 2.0%

     26th through 30th inclusive 2.25%

     31st through 37th inclusive 2.50%

     38th 2.25%

     (b) The retirement allowance of any member whose membership commenced before July

1, 2005 and who has completed at least ten (10) years of contributory service on or before July 1,

2005 shall be in an amount equal to the percentage allowance specified in schedule A subsection

(a)(1) of his or her average highest three (3) consecutive years of compensation multiplied by the

number of years of total service, but in no case to exceed eighty percent (80%) of the

compensation payable at completion of thirty-five (35) years of service; provided, however, for

employees retiring on or after October 1, 2009 who were not eligible to retire as of September 30,

2009 the calculation shall be based on the average highest five (5) consecutive years of

compensation. Any member who has in excess of thirty-five (35) years on or before June 2,

1985, shall not be entitled to any refund, and any member with thirty-five (35) years or more on

or after June 2, 1985, shall contribute from July 1, 1985, until his or her retirement.

     The retirement allowance of any member whose membership commenced after July 1, 2005

or who had not completed at least ten (10) years of contributory service as of July 1, 2005, shall,

be in an amount equal to the percentage allowance specified in Schedule B of his or her average

highest three (3) consecutive years of compensation multiplied by the number of years of total

service, but in no case to exceed seventy-five percent (75%) of the compensation payable at the

completion of thirty-eight (38) years of service; provided, however, for employees retiring on or

after October 1, 2009 who were not eligible to retire as of September 30, 2009 the calculation

shall be based on the average highest five (5) consecutive years of compensation.

     (c) Any member with thirty-eight (38) years or more of service prior to December 31,

1985, shall not be required to make additional contributions. Contributions made between

December 31, 1985, and July 1, 1987, by members with thirty-eight (38) or more years of service

prior to December 31, 1985, shall be refunded by the retirement board to the persons, their heirs,

administrators, or legal representatives.

 

     36-10-11. Service allowance to member withdrawing from service before retirement

age. -- (a) The right of a service retirement allowance under the provisions of this chapter shall

vest in a member who shall withdraw from service prior to his or her attainment of the minimum

age of retirement specified in sections 36-10-9 -- 36-10-9.3 who shall not have received a refund,

provided the member shall have completed at least ten (10) years of contributory service on or

before July 1, 2005. The member shall become entitled to a service retirement allowance upon his

or her attainment of the age of established in section 36-10-9 of sixty (60) years or at his or her

option at any date subsequent thereto. The rate of service retirement allowance payable in the

case of any member shall be that provided in section 36-10-10, Schedule A, for the period of total

service earned and accrued at the date of withdrawal from service of the member.

      (b) For a member who shall not have completed at least ten (10) years of contributory

service on or before July 1, 2005, the right of a service retirement allowance under the provisions

of this chapter shall vest in a member who shall withdraw from service prior to his or her

attainment of the minimum age of retirement specified in sections 36-10-9 -- 36-10-9.3 who shall

not have received a refund, provided, the member shall have completed at least ten (10) years of

contributory service. The member shall become entitled to a service retirement allowance upon

his or her attainment of the age of sixty-five (65) years or at his or her option at any date

subsequent thereto. The rate of service retirement allowance payable in the case of any member

shall be that provided in section 36-10-10, Schedule B, for the period of total service earned and

accrued at the date of withdrawal from service of the member.

 

     36-10-14. Retirement for accidental disability. -- (a) Medical examination of an active

member for accidental disability and investigation of all statements and certificates by him or her

or in his or her behalf in connection therewith shall be made upon the application of the head of

the department in which the member is employed or upon application of the member, or of a

person acting in his or her behalf, stating that the member is physically or mentally incapacitated

for the performance of service as a natural and proximate result of an accident while in the

performance of duty, and certify the definite time, place, and conditions of the duty performed by

the member resulting in the alleged disability, and that the alleged disability is not the result of

willful negligence or misconduct on the part of the member, and is not the result of age or length

of service, and that the member should, therefore, be retired.

      (b) The application shall be made within five (5) years of the alleged accident from

which the injury has resulted in the members present disability and shall be accompanied by an

accident report and a physicians report certifying to the disability; provided that if the member

was able to return to his or her employment and subsequently reinjures or aggravates the same

injury, the application shall be made within the later of five (5) years of the alleged accident or

three (3) years of the reinjury or aggravation. The application may also state the member is

permanently and totally disabled from any employment.

      (c) If a medical examination conducted by three (3) physicians engaged by the retirement

board and such investigation as the retirement board may desire to make shall show that the

member is physically or mentally incapacitated for the performance of service as a natural and

proximate result of an accident, while in the performance of duty, and that the disability is not the

result of willful negligence or misconduct on the part of the member, and is not the result of age

or length of service, and that the member has not attained the age of sixty-five (65), and that the

member should be retired, the physicians who conducted the examination shall so certify to the

retirement board stating the time, place, and conditions of service performed by the member

resulting in the disability and the retirement board may grant the member an accidental disability

benefit.

      (d) The retirement board shall establish uniform eligibility requirements, standards, and

criteria for accidental disability which shall apply to all members who make application for

accidental disability benefits.

 

     36-10-15. Amount of accidental disability benefit. – (a) For disability applications

submitted on or before September 30, 2009, Upon upon retirement for accidental disability under

section 36-10-14, a member shall receive a benefit which shall be equal to sixty-six and two-

thirds percent (66 2/3%) of his or her annual compensation at the time of his or her retirement,

subject to the provisions of section 36-10-31.

     (b) Upon any application for accidental disability submitted on or after October 1, 2009,

if the member has been found to be permanently and totally disabled from service but has not

been found by the board to be permanently and totally disabled from any employment as a result

of his/her accidental disability, a member shall receive a retirement allowance equal to fifty

percent (50%) of the rate of the member's compensation at the date of the member's retirement,

subject to the provisions of section 36-10-31. The retiree shall, as a condition of continued receipt

of a disability retirement allowance, on or before a date fixed by the retirement board, annually

under penalties of perjury provide the board with such affidavits and accurate evidence of

earnings, employment and gainful activity as the board may require, including, but not limited,

joint and/or individual tax returns. Payment of the disability retirement allowance shall continue

as long as the individual remains disabled, and regardless of service or age.

     Upon retirement for accidental disability that has been found by the board to be

permanently and totally disabling from any employment, a member shall receive a retirement

allowance equal to sixty-six and two-thirds percent (66 2/3%) of the rate of the member's

compensation at the date of the member's retirement subject to the provisions of section 36-10-31.

The retirement board shall apply the terms of subsection 28-33-17(b) in determining total

disability.

 

     36-10-35. Additional benefits payable to retired employees. -- (a) All state employees

and all beneficiaries of state employees receiving any service retirement or ordinary or accidental

disability retirement allowance pursuant to the provisions of this title on or before December 31,

1967, shall receive a cost of living retirement adjustment equal to one and one-half percent

(1.5%) per year of the original retirement allowance, not compounded, for each calendar year the

retirement allowance has been in effect. For the purposes of computation, credit shall be given for

a full calendar year regardless of the effective date of the retirement allowance. This cost of living

adjustment shall be added to the amount of the retirement allowance as of January 1, 1968, and an

additional one and one-half percent (1.5%) shall be added to the original retirement allowance in

each succeeding year during the month of January, and provided further, that this additional cost

of living increase shall be three percent (3%) for the year beginning January 1, 1971, and each

year thereafter, through December 31, 1980. Notwithstanding any of the above provisions, no

employee receiving any service retirement allowance pursuant to the provisions of this title on or

before December 31, 1967, or the employee's beneficiary, shall receive any additional benefit

hereunder in an amount less than two hundred dollars ($200) per year over the service retirement

allowance where the employee retired prior to January 1, 1958.

      (b) All state employees and all beneficiaries of state employees retired on or after

January 1, 1968, who are receiving any service retirement or ordinary or accidental disability

retirement allowance pursuant to the provisions of this title shall, on the first day of January next

following the third anniversary date of the retirement, receive a cost of living retirement

adjustment, in addition to his or her retirement allowance, in an amount equal to three percent

(3%) of the original retirement allowance. In each succeeding year thereafter through December

31, 1980, during the month of January, the retirement allowance shall be increased an additional

three percent (3%) of the original retirement allowance, not compounded, to be continued during

the lifetime of the employee or beneficiary. For the purposes of computation, credit shall be given

for a full calendar year regardless of the effective date of the service retirement allowance.

      (c) (1) Beginning on January 1, 1981, for all state employees and beneficiaries of the

state employees receiving any service retirement and all state employees, and all beneficiaries of

state employees, who have completed at least ten (10) years of contributory service on or before

July 1, 2005 pursuant to the provisions of this chapter, and for all state employees, and all

beneficiaries of state employees who receive a disability retirement allowance pursuant to

sections 36-10-12 -- 36-10-15, the cost of living adjustment shall be computed and paid at the rate

of three percent (3%) of the original retirement allowance or the retirement allowance as

computed in accordance with section 36-10-35.1, compounded annually from the year for which

the cost of living adjustment was determined to be payable by the retirement board pursuant to

the provisions of subsection (a) or (b) of this section. Such cost of living adjustments are

available to members who retire before October 1, 2009 or are eligible to retire as of September

30, 2009.

      (2) The provisions of this subsection shall be deemed to apply prospectively only and no

retroactive payment shall be made.

      (3) The retirement allowance of all state employees and all beneficiaries of state

employees who have not completed at least ten (10) years of contributory service on or before

July 1, 2005 or were not eligible to retire as of September 30, 2009, shall, on the month following

the third anniversary date of retirement, and on the month following the anniversary date of each

succeeding year be adjusted and computed by multiplying the retirement allowance by three

percent (3%) or the percentage of increase in the Consumer Price Index for all Urban Consumers

(CPI-U) as published by the United States Department of Labor Statistics determined as of

September 30 of the prior calendar year, whichever is less; the cost of living adjustment shall be

compounded annually from the year for which the cost of living adjustment was determined

payable by the retirement board; provided, that no adjustment shall cause any retirement

allowance to be decreased from the retirement allowance provided immediately before such

adjustment. This section shall not apply to all state employees and all beneficiaries of state

employees, who receive a disability retirement allowance pursuant to sections 36-10-12 -- 36-10-

15.

      (d) (1) All legislators and all beneficiaries of legislators who are receiving a retirement

allowance pursuant to the provisions of section 36-10-9.1 for a period of three (3) or more years,

shall, commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to

a retirement allowance, in an amount equal to three percent (3%) of the original retirement

allowance. In each succeeding year thereafter during the month of January, the retirement

allowance shall be increased an additional three percent (3%) of the original retirement

allowance, compounded annually, to be continued during the lifetime of the legislator or

beneficiary. For the purposes of computation, credit shall be given for a full calendar year

regardless of the effective date of the service retirement allowance.

      (e) The provisions of sections 45-13-7 -- 45-13-10 shall not apply to this section.

 

     SECTION 4. Sections 16-16-5, 16-16-7.2, 16-16-8, 16-16-12, 16-16-13, 16-16-16, 16-

16-17 and 16-16-40 of the General Laws in Chapter 16-16 entitled "Teachers' Retirement" are

hereby amended to read as follows:

 

     16-16-5. Service creditable. -- (a) In calculating "service", "prior service", or "total

service" as defined in section 16-16-1, every teacher shall be given credit for a year of service for

each year in which he or she shall have served as a teacher; provided, that any teacher who

through illness or leave of absence without pay does not serve a full school year may receive

credit for a full school year of service by paying the full actuarial cost as defined in section 36-8-

1(9) making contribution to the system upon his or her return to teaching for at least one year the

amount he or she would have contributed to the retirement system plus regular interest,

compounded annually up to the date of payment based upon his or her expected compensation but

for his or her leave of absence in any case of illness, sabbatical, educational leave, or any other

reason. Credit for leaves of absence shall be limited, in the aggregate, during the total service of a

teacher to a period of four (4) years; provided, however, every teacher who had been required to

resign for maternity reasons may receive credit for maternity reasons by making contribution to

the system upon her return to teaching the amount she would have contributed to the retirement

system, with interest, based upon her expected compensation but for her absence due to maternity

reasons.

      (b) The retirement board shall fix and determine the time when and the conditions under

which the payments shall be made.

      (c) Any teacher who serves or who has served during a school year at least three-quarters

(3/4) of the number of days that the public schools are required by law to be in session during the

year shall be given credit for a year of service for that year. In determining the number of days

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

town in the state may be combined for any one school year. Any teacher shall be entitled to "prior

service" credit for service prior to July 1, 1949, provided the teacher shall have been in service

during the school year 1949-1950. The teacher shall be entitled to service credit for any year

subsequent to July 1, 1949, by making contribution to the retirement system the amount he or she

would have contributed to the retirement system had he or she been a member, plus regular

interest compounded annually to date of payment, payable at a time or in any manner that may be

provided by the rules of the retirement board.

      (d) Any teacher employed in at least a half ( 1/2) program including a job share program

shall remain a contributing member and shall receive credit for that part-time service.

      (e) In computing service or in computing compensation, the retirement board shall credit

no more than one year of service on account of all service in one calendar year.

      (f) Notwithstanding any other section of law, no member of the retirement system shall

be permitted to purchase service credit for any portion of a year for which he or she is already

receiving service credit in this retirement system.

 

     16-16-7.2. Peace corps, teacher corps, and volunteers in service to America -- Credit.

-- (a) Any active teacher who served in the peace corps, teacher corps, or in volunteers in service

to America may purchase credit for that service, up to a maximum of four (4) years. Any teacher

on an official leave of absence for illness or injury shall be eligible to purchase the credits while

on the leave of absence.

      (b) The cost to purchase these credits shall be the full actuarial cost as defined in section

36-8-1(9) ten percent (10%) of the member's first year's earnings as a teacher multiplied by the

number of years and fraction of the years of his or her service in the peace corps, teacher corps, or

in volunteers in service to America, up to a maximum of four (4) years.

      (c) There will be no interest charged provided the teacher makes that purchase during his

or her first five (5) years of membership in the retirement system, but regular interest will be

charged to the date of purchase from the date of enrollment into membership if purchased after

completing five (5) years of membership; provided, however, any member who was in the

retirement system prior to July 1, 1980, will not be charged interest whenever he or she purchases

the credit.

 

     16-16-8. Credit for service as a state or municipal employee. -- Any member who

shall have rendered service as a state employee as defined by the provisions of chapter 17 of this

title and chapters 8 -- 10 of title 36 or who shall have rendered service as an employee of a

participating municipality, as defined by chapter 21 of title 45, shall be entitled to credit for his or

her service for the various purposes of this system, provided the member shall have been a

contributing member for that period. All contributions made by the member shall be transferred

into this system for the periods of service and the retirement system shall calculate the full

actuarial value of the accrued benefit with the former employer. If the full actuarial value of the

accrued benefit with the former employer is greater than the total employee contributions

transferred, the retirement system shall also transfer the difference between full actuarial value of

the accrued benefit with the former employer and the employee's contributions from the account

of the former employer to the account of the current employer. In any case in which a member

shall have received a refund or refunds of contributions made to the system, the allowance of the

credit for service shall be conditioned upon the repayment of the full actuarial cost as defined in

section 36-8-1(9) refund or refunds, including regular interest from the date of refund to the date

of repayment. Any service as defined in this section for which no contributions were made may

be granted provided the member pays to the retirement system a lump sum payment equal to the

amount he or she would have contributed had he or she been a member during the period, plus

interest as previously defined in this section the full actuarial cost as defined in section 36-8-1(9).

The retirement board shall fix and determine the rules and regulations needed to govern the

provisions of this section.

 

     16-16-12. Procedure for service retirement. – (a) Retirement of a member on a service

retirement allowance shall be made by the retirement board as follows:

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

      (2) Any member also paying into the retirement system under the provisions of chapter 9

of title 36 shall not be disqualified from receiving benefits provided by that chapter and the

provisions of this chapter simultaneously.

      (3) (i) Except as specifically provided in sections 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 the member shall have been a contributing member of the employees' retirement

system for at least ten (10) years.

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

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

shall be counted towards vesting.

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

section 45-21-8 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

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. 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.

      (4) No member of the teachers' retirement system shall be permitted to purchase service

credits for casual 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 of

the college or university.

      (5) Except as specifically provided in sections 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. section 301 et

seq.

      (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 limitation, the duty to furnish or have

furnished to the retirement board any relevant information that is protected by any privacy act.

      (7) 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.

      (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.

 

     16-16-13. Amount of service retirement allowance. -- (a) (1) (i) For teachers eligible

to retire on or before September 30, 2009, Upon upon retirement from service under section 16-

16-12 a teacher whose membership commenced before July 1, 2005 and who has completed at

least ten (10) years of contributory service on or before July 1, 2005, shall, receive a retirement

allowance which shall be determined in accordance with schedule A:

SCHEDULE A

     YEARS OF SERVICE                     PERCENTAGE ALLOWANCE

     1st through 10th inclusive                  1.7%

     11th through 20th inclusive                1.9%

     21st through 34th inclusive                3.0%

     35th                                                 2.0%

     (ii) For teachers eligible to retire on or after October 1, 2009 who were not eligible to

retire on or before September 30, 2009, upon retirement for service under section 16-16-12, a

teacher whose membership commenced before July 1, 2005 and who has completed at least ten

(10) years of contributory service on or before July 1, 2005 shall receive a retirement allowance

which shall be determined in accordance with schedule A above for service on before September

30, 2009, and shall be determined in accordance with schedule B in subsection (a)(2) below for

service on or after October 1, 2009:

      (2) Upon retirement from service under section 16-16-12 a teacher whose membership

commenced after July 1, 2005 or who has not completed at least ten (10) years of contributory

service as of July 1, 2005 shall receive a retirement allowance which shall be determined in

accordance with Schedule B.

SCHEDULE B

     YEARS OF SERVICE                     PERCENTAGE ALLOWANCE

     1st through 10th inclusive                  1.60%

     11th through 20th inclusive                1.80%

     21st through 25th inclusive                2.0%

     26th through 30th inclusive                2.25%

     31st through 37th inclusive                2.50%

     38th                                                 2.25%

     (b) The retirement allowance of any teacher whose membership commenced before July

1, 2005 and who has completed at least ten (10) years of contributory service on or before July 1,

2005 shall be in an amount equal to the percentage allowance specified in subsection (a) (1)

schedule A of his or her average highest three (3) consecutive years of compensation multiplied

by the number of years of total service, but in no case to exceed eighty percent (80%) of the

compensation, payable at completion of thirty-five (35) years of service; provided, however, for

teachers retiring on or after October 1, 2009 who were not eligible to retire as of September 30,

2009 the calculation shall be based on the average highest five (5) consecutive years of

compensation.

     The retirement allowance of any teacher whose membership commenced after July 1,

2005 or who has not completed at least ten (10) years of contributory service as of July 1, 2005

shall be in an amount equal to the percentage allowance specified in Schedule B of his or her

average highest three (3) consecutive years of compensation multiplied by the number of years of

total service, but in no case to exceed seventy-five percent (75%) of the compensation, payable at

completion of thirty-eight (38) years of service; provided, however, for teachers retiring on or

after October 1, 2009 who were not eligible to retire as of September 30, 2009 the calculation

shall be based on the average highest five (5) consecutive years of compensation.

     Any teacher who has in excess of thirty-five (35) years on or before June 2, 1985 shall

not be entitled to any refund, and any teacher with thirty-five (35) years or more on or after June

2, 1985 shall contribute from July 1, 1985 until his or her retirement.

 

     16-16-16. Retirement for accidental disability. -- (a) Medical examination of an active

teacher for accidental disability, and investigation of all statements and certificates by him or her

or in his or her behalf in connection with the accidental disability, shall be made upon the

application of the head of the department in which the teacher is employed or upon application of

the teacher, or of a person acting in his or her behalf, stating that the teacher is physically or

mentally incapacitated for the performance of service as a natural and proximate result of an

accident, while in the performance of duty, and certify the definite time, place, and conditions of

the duty performed by the teacher resulting in the alleged disability, and that the alleged disability

is not the result of willful negligence or misconduct on the part of the teacher, and is not the result

of age or length of service, and that the teacher should, therefore, be retired.

      (b) The application shall be made within five (5) years of the alleged accident from

which the injury has resulted in the teacher's present disability, and shall be accompanied by an

accident report and a physician's report certifying to the disability; provided, that, if the teacher

was able to return to his or her employment and subsequently reinjures or aggravates the same

injury, the application shall be made within the later of five (5) years of the alleged accident or

three (3) years of the reinjury or aggravation. The application may also state that the teacher is

permanently and totally disabled from any employment.

      (c) If a medical examination conducted by three (3) physicians engaged by the retirement

board, and any investigation that the retirement board may desire to make, shall show that the

teacher is physically or mentally incapacitated for the performance of service as a natural and

proximate result of an accident, while in the performance of duty, and that the disability is not the

result of willful negligence or misconduct on the part of the teacher, and is not the result of age or

length of service, and that the teacher has not attained the age of sixty-five (65) years, and that the

teacher should be retired, the physicians who conducted the examination shall so certify to the

retirement board stating the time, place, and conditions of service performed by the teacher

resulting in the disability, and the retirement board may grant the teacher an accidental disability

benefit.

      (d) The retirement board shall establish uniform eligibility requirements, standards, and

criteria for accidental disability which shall apply to all members who make application for

accidental disability benefits.

 

     16-16-17. Amount of accidental disability benefit. – (a) For disability applications

submitted on or before September 30, 2009, Upon upon retirement for accidental disability under

section 16-16-16 a teacher shall receive a benefit that shall be equal to sixty-six and two-thirds

percent (66 2/3%) of his or her annual compensation at the time of his or her retirement, subject

to the provisions of section 16-16-20. (b) Upon any application for accidental disability submitted

after October 1, 2009, if the teacher has been found to be permanently and totally disabled from

service but has not been found by the board to be permanently and totally disabled from any

employment as a result of his/her accidental disability, a teacher shall receive a retirement

allowance equal to fifty percent (50%) of the rate of the teacher’s compensation at the date of the

teacher’s retirement subject to the provisions of section 16-16-20. The retiree shall, as a condition

of continued receipt of a disability retirement allowance, on or before a date fixed by the

retirement board, annually under penalties of perjury provide the board with such affidavits and

accurate evidence of earnings, employment and gainful activity as the board may require,

including, but not limited to, joint and/or individual tax returns. Payment of the disability

retirement allowance shall continue as long as the individual remains disabled, and regardless of

service or age. Upon retirement for accidental disability that has been found by the board to be

permanently and totally disabling from any employment, a teacher shall receive a retirement

allowance equal to sixty-six and two-thirds percent (66 2/3%) of the rate of the teacher’s

compensation at the date of the teacher’s retirement subject to the provisions of section 16-16-20.

The retirement board shall apply the terms of subsection 28-33-17(b) in determining total

disability.

 

     16-16-40. Additional benefits payable to retired teachers. -- (a) All teachers and all

beneficiaries of teachers receiving any service retirement or ordinary disability retirement

allowance pursuant to the provisions of this chapter and chapter 17 of this title, on or before

December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half

percent (1.5%) per year of the original retirement allowance, not compounded, for each year the

retirement allowance has been in effect. For purposes of computation credit shall be given for a

full calendar year regardless of the effective date of the retirement allowance. This cost of living

retirement adjustment shall be added to the amount of the service retirement allowance as of

January 1, 1970, and payment shall begin as of July 1, 1970. An additional cost of living

retirement adjustment shall be added to the original retirement allowance equal to three percent

(3%) of the original retirement allowance on the first day of January, 1971, and each year

thereafter through December 31, 1980.

      (b) All teachers and beneficiaries of teachers receiving any service retirement or ordinary

disability retirement allowance pursuant to the provisions of this title who retired on or after

January 1, 1968, shall, on the first day of January, next following the third (3rd) year on

retirement, receive a cost of living adjustment, in addition to his or her retirement allowance, an

amount equal to three percent (3%) of the original retirement allowance. In each succeeding year

thereafter, on the first day of January, the retirement allowance shall be increased an additional

three percent (3%) of the original retirement allowance, not compounded, to be continued through

December 31, 1980.

      (c) (1) Beginning on January 1, 1981, for all teachers and beneficiaries of teachers

receiving any service retirement and all teachers and all beneficiaries of teachers who have

completed at least ten (10) years of contributory service on or before July 1, 2005, pursuant to the

provisions of this chapter, and for all teachers and beneficiaries of teachers who receive a

disability retirement allowance pursuant to sections 16-16-14 -- 16-16-17, the cost of living

adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement

allowance or the retirement allowance as computed in accordance with section 16-16-40.1,

compounded annually from the year for which the cost of living adjustment was determined to be

payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section.

Such cost of living adjustments are available to teachers who retire before October 1, 2009 or are

eligible to retire as of September 30, 2009.

      (2) The provisions of this subsection shall be deemed to apply prospectively only and no

retroactive payment shall be made.

      (3) The retirement allowance of all teachers and all beneficiaries of teachers who have

not completed at least ten (10) years of contributory service on or before July 1, 2005 or were not

eligible to retire as of September 30, 2009, shall, on the month following the third anniversary

date of the retirement, and on the month following the anniversary date of each succeeding year

be adjusted and computed by multiplying the retirement allowance by three percent (3%) or the

percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as

published by the United States Department of Labor Statistics, determined as of September 30 of

the prior calendar year, whichever is less; the cost of living adjustment shall be compounded

annually from the year for which the cost of living adjustment was determined payable by the

retirement board; provided, that no adjustment shall cause any retirement allowance to be

decreased from the retirement allowance provided immediately before such adjustment. This

section shall not apply to all teachers and beneficiaries of teachers who receive a disability

retirement allowance pursuant to sections 16-16-14 -- 16-16-17.

      (d) The provisions of sections 45-13-7 -- 45-13-10 shall not apply to this section.

 

     SECTION 5. Section 8-3-7, 8-3-8 of the General Laws in Chapter 8-3 entitled "Justices

of Supreme, Superior, and Family Courts" is hereby amended to read as follows:

 

     8-3-7. Retirement of justices on reduced pay -- Assignment as associate justices. --(a)

Whenever any person engaged as a judge: (1) on or before [July 2, 1997] has served as a justice

of the supreme court, the superior court, the family court, the district court, or any combination

thereof for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-

five (65) years, that justice may retire from active service and thereafter the justice shall receive

annually during life a sum equal to three-fourths (3/4) of the annual salary that the justice was

receiving at the time of retirement;

     (2) Subsequent to July 2, 1997 and prior to January 1, 2009, has served as a justice of the

supreme court, the superior court, the family court, the district court or any combination thereof,

for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five

(65) years, said justice may retire from active service and thereafter said justice shall receive

annually during life a sum equal to three-fourths (3/4) of his or her average highest three (3)

consecutive years of compensation;

     (3) On or after January 1, 2009, has served as a justice of the Supreme Court, the superior

court, the family court, the district court or any combination thereof, for twenty (20) years, or has

so served for ten (10) years and has reached the age of sixty-five (65) years, said justice may

retire from active service and thereafter said justice shall receive annually during life a sum equal

to seventy percent (70%) of his or her average highest three (3) consecutive years of

compensation.

     (4) On or after July 1, 2009, shall have served as a justice of the supreme court, the

superior court, the family court, the district court, or any of them for twenty (20) years, or has

served for ten (10) years, and reached the age of sixty-five (65) years, said justice may retire

from regular active service and thereafter said justice shall receive annually during his or her life

a sum equal to sixty-five percent (65%) of his or her average highest five (5) consecutive years of

compensation.

     (b) Whenever a justice or magistrate shall be granted a leave of absence without pay,

such absence shall not be credited towards active service time for the purposes of retirement.

     (c) Any justice in any of the courts who shall retire in accordance with the provisions

     of this section or section 36-9-5 may, at his or her own request and at the direction of the

chief justice of the supreme court, subject to the retiree's physical and mental competence, be

assigned to perform such services as an associate justice of the superior court, or the family court,

or the district court as the presiding justice of the superior court, or the chief judge of the family

court, or the district shall prescribe. When so assigned and performing such service, the justice

shall have all the powers and authority of an associate justice of the superior court, the family

court, or the district court but otherwise shall have no powers nor be authorized to perform any

judicial duties. Such a retired justice shall not be counted in the number of judges provided by

law for the superior court, the family court, or the district court.

     (d) Any justice of the supreme court who shall retire in accordance with the provisions of

this section shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and

performing such services, the retiree shall have all the powers and authority of an associate justice

of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform

any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a

retired justice shall not be counted in the number of justices provided by law for the Supreme

Court.

 

     8-3-8. Retirement of justices on full pay -- Assignment as associate justices. -- (a)

Whenever any person engaged as a judge: (1) on or before [July 2, 1997] shall have served as a

justice of the supreme court, the superior court, the family court, the district court, or any of them

for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen

(15) years, and reached the age of seventy (70) years, that justice may retire from regular active

service and thereafter the justice shall receive annually during his or her life a sum equal to the

annual salary the justice was receiving at the time of his or her retirement.

     (2) Subsequent to July 2, 1997 and prior to January 1, 2009, shall have served as a justice

of the supreme court, the superior court, the family court, the district court, or any of them for

twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15)

years, and reached the age of seventy (70) years, said justice may retire from regular active

service and thereafter said justice shall receive annually during his or her life a sum equal to his

or her average highest three (3) consecutive years of compensation.

     (3) On or after January 1, 2009, shall have served as a justice of the supreme court, the

superior court, the family court, the district court, or any of them for twenty (20) years and has

reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age

of seventy (70) years, said justice may retire from regular active service and thereafter said justice

shall receive annually during his or her life a sum equal to ninety percent (90%) of his or her

average highest three consecutive years of compensation.

     (4) On or after July 1, 2009, shall have served as a justice of the supreme court, the

superior court, the family court, the district court , or any of them for twenty (20) years and has

reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the

age of seventy (70) years, said justice may retire from regular active service and thereafter

said justice shall receive annually during his or her life a sum equal to eighty percent (80%) of

his or her average highest five (5) consecutive years of compensation.

     (b) Whenever a justice or magistrate shall be granted a leave of absence without pay,

such absence shall not be credited towards active service time for the purposes of retirement.

     (c) Any justice of any of the courts who shall retire in accordance with the provisions of

this section shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the superior court, or the family court, or the district court as the presiding justice of the superior

court, or the chief judge of the family court, or the district court shall prescribe. When so assigned

and performing such service, the retiree shall have all the powers and authority of an associate

justice of the superior court, the family court, or the district court but otherwise he or she shall

have no powers nor be authorized to perform any judicial duties. Such a retired justice shall not

be counted in the number of judges provided by law for the superior court, the family court, or the

district court.

     (d) Any justice of the supreme court who shall retire in accordance with the provisions of

this section shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and

performing such services, the retiree shall have all the powers and authority of an associate justice

of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform

any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a

retired justice shall not be counted in the number of justices provided by law for the supreme

court.

 

     SECTION 6. Section 8-8-10 of the General Laws in Chapter 8-8 entitled "District Court"

is hereby repealed.

 

     8-8-10. Retirement of judges. – Whenever any person has served as a judge in the court

for twenty (20) years and has reached the age of sixty-five (65) years or has so served for fifteen

(15) years and has reached the age of seventy (70) years, he or she may resign his or her office

and thereafter he or she shall receive annually during his or her life a sum equal to (i) three-

fourths ( 3/4) of the annual salary that he or she was receiving at the time of resignation or (ii) for

justices engaged on or after July 1 2009, three-fourths (3/4) of his or her average highest five (5)

consecutive years annual compensation. For the purposes of eligibility for retirement under this

section, service as a justice on any predecessor district court prior to September 15, 1969 shall be

included as if that service had been on the district court created by this chapter.

 

     SECTION 7. Sections 28-30-15.1 and 28-30-16.2 of the General Laws in Chapter 28-30

entitled "Workers' Compensation Court" are hereby amended to read as follows:

 

     28-30-15.1. Retirement of judges engaged after July 2, 1997, on reduced pay. --

Retirement of judges engaged after July 2, 1997. -- (a)

     Whenever any person first engaged as a judge: (1) subsequent to July 2, 1997 and prior to

January 1, 2009, has served as a workers' compensation judge for twenty (20) years, or has so

served for ten (10) years and has reached the age of sixty-five (65) years, he or she may retire

from active service and subsequently he or she shall receive annually during life a sum equal to

three-fourths ( 3/4) of his or her average highest three (3) consecutive years of compensation; (2)

On or after January 1, 2009 and prior to July 1, 2009, has served as a workers' compensation

judge for twenty (20) years or has so served for ten (10) years and reached the age of sixty-five

(65) years, he or she may retire from active service and subsequently he or she shall receive

annually during life a sum equal to seventy percent (70%) of his or her average highest three (3)

consecutive years or compensation; (3) On or after July 1, 2009, has served as a workers'

compensation judge for twenty (20) years, or has served for ten (10) years, and reached the age of

sixty-five (65) years, he or she may retire from regular active service and thereafter said justice

shall receive annually during his or her life a sum equal to sixty-five (65%) percent of his or her

average highest five (5) consecutive years of compensation.

     (b) In determining eligibility under this section, any judge who has served as a general

officer may include that service as if that service had been on the workers' compensation court.

Whenever a judge or magistrate shall be granted a leave of absence without pay, such absence

shall not be credited towards active service time for the purposes of retirement.

     (c) Any judge who retires in accordance with the provisions of this section may at his or

her own request and at the direction of the chief judge of the court subject to the retiree's physical

and mental competence, be assigned to perform those services that a judge on the workers'

compensation court as the chief judge prescribes. When so assigned and performing those

services, he or she shall have all the powers and authority of a judge. A retired judge shall not be

counted in the number of judges provided by law for the workers' compensation court.

 

     28-30-16.2. Retirement of judges engaged after July 2, 1997, on full pay. -- (a)

Whenever any person first engaged as a judge: (1) subsequent to July 2, 1997 and prior to January

1, 2009, has served as a workers' compensation judge for twenty (20) years and has reached the

age of sixty-five (65) years, or has served for fifteen (15) years and reached the age of seventy

(70) years, he or she may retire from regular active service and subsequently he or she shall

receive annually during his or her life a sum equal to his or her average highest three (3)

consecutive years of compensation; (2) On or after January 1, 2009 and prior to July 1, 2009 has

served as a workers' compensation judge for twenty (20) years and has reached the age of sixty-

five (65) years, or has served for fifteen (15) years and reached the age of seventy (70) years, he

or she may retire from regular active service and subsequently he or she shall receive annually

during his or her life a sum equal to ninety percent (90%) of his or her average highest three (3)

consecutive years of compensation; (3) On or after July 1, 2009 has served as a workers'

compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has

served for fifteen (15) years and reached the age of seventy (70) years, he or she may retire from

regular active service and subsequently he or she shall receive annually during his or her life a

sum equal to eighty percent (80%) of his or her average highest five (5) consecutive years of

compensation.

     (b) Whenever a judge or magistrate shall be granted a leave of absence without pay, such

absence shall not be credited towards active service time for the purposes of retirement.

     (c) Any judge who retires in accordance with the provisions of this section shall at the

direction of the chief judge of the court, subject to the retiree's physical and mental competence

be assigned to perform those services as a judge that the chief judge prescribes. When so assigned

and performing that service, the retiree shall have all the powers and authority of a judge. The

retired judge shall not be counted in the number of judges provided by law for the workers'

compensation court.

 

     SECTION 8. Section 36-10-2 of the General Laws in Chapter 36-10 entitled "Retirement

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

 

     36-10-2. State contributions. -- (a) The State of Rhode Island shall make its contribution

for the maintenance of the system, including the proper and timely payment of benefits in

accordance with the provisions of this chapter and chapters 8, 16, 28, 31 and 42 of this title, by

annually appropriating an amount equal to a percentage of the total compensation paid to the

active membership. The percentage shall be computed by the actuary employed by the retirement

system and shall be certified by the retirement board to the director of administration on or before

the fifteenth day of October in each year. In arriving at the yearly employer contribution the

actuary shall determine the value of:

      (1) The contributions made by the members;

      (2) Income on investments; and

      (3) Other income of the system.

      (b) The Actuary shall thereupon compute the yearly employer contribution that will:

      (1) Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;

      (2) Amortize the unfunded liability of the system as of June 30, 1999 utilizing a time

period not to exceed thirty (30) years.

     (3) Provided, that the fiscal year 2009, the employer contribution shall be deferred from

April 2 until June 30, 2009. The amounts that would have been contributed shall be deposited in a

special fund and not used for any purpose.

      (c) The State of Rhode Island shall remit to the general treasurer the employer's share of

the contribution for state employees, state police, and judges on a payroll frequency basis, and for

teachers in a manner pursuant to section 16-16-22.

      (d) (1) In accordance with the intent of section 36-8-20 that the retirement system satisfy

the requirements of section 401(a) of the Internal Revenue Code of 1986, the state shall pay to the

retirement system:

      (i) By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators

pursuant to section 36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus

accrued interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991,

and ending June 30, 1995, but this amount shall be paid only if section 36-10-10.1(e) becomes

effective January 1, 1995; and

      (ii) By December 31, 1994, twenty million seven hundred eighty eight thousand eight

hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount

at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this

payment is completed (reduced by amortized amounts already repaid to the retirement system

with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990 -- June 30,

1991); and

      (iii) By June 30, 1995, the sum of the amounts paid by the retirement system for retiree

health benefits described in section 36-12-4 for all fiscal years beginning July 1, 1989, and ending

June 30, 1994, to the extent that the amounts were not paid from the restricted fund described in

subsection (c).

      (2) Any and all amounts paid to the retirement system under this subsection shall not

increase the amount otherwise payable to the system by the state of Rhode Island under

subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the

amortization bases and other accounts of the retirement system as he or she deems appropriate to

carry out the provisions and intent of this subsection.

      (e) In addition to the contributions provided for in subsection (a) through (c) and in order

to provide supplemental employer contributions to the retirement system, commencing in fiscal

year 2006, and each year thereafter:

      (1) For each fiscal year in which the actuarially determined state contribution rate for

state employees is lower than that for the prior fiscal year, the governor shall include an

appropriation to that system equivalent to twenty percent (20%) of the rate reduction for the

state's contribution rate for state employees to be applied to the actuarial accrued liability of the

state employees' retirement system for state employees for each fiscal year;

      (2) For each fiscal year in which the actuarially determined state contribution rate for

teachers is lower than that for the prior fiscal year, the governor shall include an appropriation to

that system equivalent to twenty percent (20%) of the rate reduction for the state's share of the

contribution rate for teachers to be applied to the actuarial accrued liability of the state employees'

retirement system for teachers for each fiscal year;

      (3) The amounts to be appropriated shall be included in the annual appropriation bill and

shall be paid by the general treasurer into the retirement system.

      (f) While the retirement system's actuary shall not adjust the computation of the annual

required contribution for the year in which supplemental contributions are received, such

contributions once made may be treated as reducing the actuarial liability remaining for

amortization in the next following actuarial valuation to be performed.

 

     SECTION 9. Section 16-16-22 of the General Laws in Chapter 16-16 entitled "Teachers'

Retirement" is hereby amended to read as follows:

 

     16-16-22. Contributions to state system. -- (a) Each member shall contribute into the

system nine and one-half percent (9.5%) of compensation as his or her share of the cost of

annuities, benefits, and allowances. The employer contribution on behalf of teacher members of

the system shall be in an amount that will pay a rate percent of the compensation paid to the

members, according to the method of financing prescribed in the State Retirement Act in chapters

8 -- 10 of title 36. This amount shall be paid by the state, and sixty percent (60%) by the city,

town, local educational agency, or any formalized commissioner approved cooperative service

arrangement by whom the teacher members are employed, with the exception of teachers who

work in federally funded projects. Provided, however, that the rate percent paid shall be rounded

to the nearest hundredth of one percent (.01%).

      (b) The employer contribution on behalf of teacher members of the system who work in

fully or partially federally funded programs shall be prorated in accordance with the share of the

contribution paid from the funds of the federal, city, town, or local educational agency, or any

formalized commissioner approved cooperative service arrangement by whom the teacher

members are approved.

      (c) In case of the failure of any city, town, or local educational agency, or any formalized

commissioner approved cooperative service arrangement to pay to the state retirement system the

amounts due from it under this section within the time prescribed, the general treasurer is

authorized to deduct the amount from any money due the city, town, or local educational agency

from the state.

      (d) The employer's contribution shared by the state shall be paid in the amounts

prescribed in this section for the city, town, or local educational agency and under the same

payment schedule. Notwithstanding any other provisions of this chapter, the city, town, or local

educational agency or any formalized commissioner approved cooperative service arrangement

shall remit to the general treasurer of the state the local employer's share of the teacher's

retirement payments on a monthly basis, payable by the fifteenth (15th) of the following month,

provided that the employer contribution from the effective date of this act shall be deferred until

June 30, 2009. The amounts that would have been contributed shall be deposited by the state in a

special fund and not used for any purpose. The general treasurer, upon receipt of the local

employer's share, shall effect transfer of a matching amount of money from the state funds

appropriated for this purpose by the general assembly into the retirement fund. provided that for

the period beginning April 2 to June 30 the general treasurer shall not make such transfer.

     Upon reconciliation of the final amount owed to the retirement fund for the employer

share, the state shall ensure that any local education aid reduction assumed for the FY 2009

revised budget in excess of the actual savings is restored to the respective local entities.

      (e) This section is not subject to sections 45-13-7 through 45-13-10.

 

     SECTION 10. Section 8-3-17 of the General Laws in Chapter 8-3 entitled "Justices of

Supreme, Superior, and Family Courts" is hereby amended to read as follows:

 

     8-3-17. State contributions. -- The state of Rhode Island shall make its contribution for

the maintaining of the system established by section 8-3-16 and providing the annuities, benefits,

and retirement allowances in accordance with the provisions of this chapter by annually

appropriating an amount which will pay a rate percent of the compensation paid after December

31, 1989 to judges engaged after December 31, 1989. Such rate percent shall be computed and

certified in accordance with the procedures set forth in sections 36-8-13 and 36-10-2 under rules

and regulations promulgated by the retirement board pursuant to section 36-8-3. Provided, that

the employer contribution from the effective date of this act shall be deferred until June 30, 2009.

The amounts that would have been contributed shall be deposited in a special fund and not used

for any purpose.

 

     SECTION 11. Section 42-28-22.2 of the General Laws in Chapter 42-28 entitled "State

Police" is hereby amended to read as follows:

 

     42-28-22.2. State contributions. -- The state of Rhode Island shall make its contribution

for the maintaining of the system established by section 42-28-22.1 and providing the annuities,

benefits, and retirement allowances in accordance with the provisions of this chapter by annually

appropriating an amount which will pay a rate percent of the compensation paid after July 1, 1989

to members of the state police hired after July 1, 1987. This rate percent shall be computed and

certified in accordance with the procedures set forth in sections 36-8-13 and 36-10-2 under rules

and regulations promulgated by the retirement board pursuant to section 36-8-3. Provided, that

the employer contribution from the effective date of this act shall be deferred until June 30, 2009.

The amount that would have been contributed shall be deposited in a special fund and not used

for any purpose.

 

     SECTION 12. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts

and Control" is hereby amended to read as follows:

 

     35-6-1. Controller -- Duties in general. -- (a) Within the department of administration

there shall be a controller who shall be appointed by the director of administration pursuant to

chapter 4 of title 36. The controller shall be responsible for accounting and expenditure control

and shall be required to:

      (1) Administer a comprehensive accounting and recording system which will classify the

transactions of the state departments and agencies in accordance with the budget plan;

      (2) Maintain control accounts for all supplies, materials, and equipment for all

departments and agencies except as otherwise provided by law;

      (3) Prescribe a financial, accounting, and cost accounting system for state departments

and agencies;

      (4) Preaudit all state receipts and expenditures;

      (5) Prepare financial statements required by the several departments and agencies, by the

governor, or by the general assembly;

      (6) Approve the orders drawn on the general treasurer; provided, that the preaudit of all

expenditures under authority of the legislative department and the judicial department by the state

controller shall be purely ministerial, concerned only with the legality of the expenditure and

availability of the funds, and in no event shall the state controller interpose his or her judgment

regarding the wisdom or expediency of any item or items of expenditure;

      (7) Prepare and timely file, on behalf of the state, any and all reports required by the

United States, including, but not limited to, the internal revenue service, or required by any

department or agency of the state, with respect to the state payroll; and

      (8) Prepare a preliminary closing statement for each fiscal year. The controller shall

forward the statement to the chairpersons of the house finance committee and the senate finance

committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by

September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment

of the appropriations act, whichever is later. The report shall include but is not limited to:

      (i) A report of all revenues received by the state in the completed fiscal year, together

with the estimates adopted for that year as contained in the final enacted budget, and together

with all deviations between estimated revenues and actual collections. The report shall also

include cash collections and accrual adjustments;

      (ii) A comparison of actual expenditures with each of the actual appropriations,

including supplemental appropriations and other adjustments provided for in the Rhode Island

General Laws;

      (iii) A statement of the opening and closing surplus in the general revenue account; and

      (iv) A statement of the opening surplus, activity, and closing surplus in the state budget

reserve and cash stabilization account and the state bond capital fund.

      (b) The controller shall provide supporting information on revenues, expenditures,

capital projects, and debt service upon request of the house finance committee chairperson, senate

finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.

      (c) Upon issuance of the audited annual financial statement, the controller shall provide a

report of the differences between the preliminary financial report and the final report as contained

in the audited annual financial statement.

      (d) Upon issuance of the audited financial statement, the controller shall transfer all

general revenues received in the completed fiscal year net of transfer to the state budget reserve

and cash stabilization account as required by section 35-3-20 in excess of those estimates adopted

for that year as contained in the final enacted budget to the employees' retirement system of the

state of Rhode Island as defined in section 36-8-2.

     (e) The controller shall create a special fund not part of the general fund and shall deposit

amounts equivalent to all deferred contributions under this act into that fund. Any amounts

remaining in the fund on June 30 shall be transferred to the general treasurer who shall transfer

such amounts into the retirement fund as appropriate. From the special funds for deferred

contributions to the retirement system, the controller shall transfer the amounts due to the

retirement system to the general treasurer who shall transfer such amounts into the retirement

fund as appropriate.

 

     SECTION 13. Section 8-3-11 of the General Laws in Chapter 8-3 entitled "Justices of

Supreme, Superior, and Family Courts" is hereby amended to read as follows:

 

     8-3-11. Allowances to surviving spouses, domestic partners or minor children of

deceased justices. -- (a) Whenever any justice of the supreme court, the superior court, the family

court, or the district court who was engaged as a judge prior to January 1, 2009, dies after

retirement or during active service while eligible for retirement, or during active service after

having served fifteen (15) years or more in office, his or her surviving spouse or domestic partner

shall receive annually thereafter, during his or her lifetime and so long as he or she remains

unmarried or not in a domestic partnership, an amount equal to one-half (1/2) of the annual

payment that the justice was receiving by way of salary or retirement pay at the time of his or her

death. Whenever a justice of any of the courts shall die without having become eligible to retire

either under section 8-3-7 or 8-3-8 and has served seven (7) years or more in office, his or her

surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime

and so long as he or she remains unmarried or not in a domestic partnership, one-third ( 1/3) of

the annual salary that the justice was receiving at the time of his or her death. Whenever a justice

of the courts shall die without having become eligible to retire either under section 8-3-7 or 8-3-8

and has not served seven (7) years in office, his or her surviving spouse or domestic partner shall

receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried

or not in a domestic partnership, one-fourth (1/4) of the annual salary that the justice was

receiving at the time of his or her death.

      (b) Any justice of the courts who is engaged as a judge on or after January 1, 2009, and

prior to July 1, 2009 may elect to receive retirement pay that is reduced by an additional ten

percent (10%) of the average of the highest three (3) consecutive years annual compensation (i.e.,

ninety percent (90%) reduced to eighty percent (80%) or seventy percent (70) reduced to sixty

percent (60%)), and where such option is exercised by giving the general treasurer notice in

writing thereof within ninety (90) days after the date of his or her retirement his or her surviving

spouse or domestic partner or minor children shall receive annually one-half (1/2) of his or her

retirement pay during his or her lifetime so long as he or she remains unmarried or not in a

domestic partnership, or the children are under twenty-one (21) years of age provided, however,

for any justice engaged on or after July 1, 2009, the reduction shall be based on the average of the

highest five (5) consecutive years annual compensation.

     (c) Whenever any justice of the supreme court, the superior court, the family court, or the

district court who was engaged as a judge on or after January 1, 2009, dies during active service

while eligible for retirement, or during active service after having served fifteen (15) years or

more in office, his or her surviving spouse or domestic partner shall receive annually thereafter,

during his or her lifetime and so long as he or she remains unmarried or not in a domestic

partnership, an amount equal to one-half (1/2) of the annual payment that the justice was

receiving by way of salary.

     (d) Whenever a justice of any of the courts who was engaged as a judge on or after

January 1, 2009, shall die without having become eligible to retire either under sections 8-3-7 or

8-3-8 and has served seven (7) years or more in office, his or her surviving spouse or domestic

partner shall receive annually thereafter, during his or her lifetime and so long as he or she

remains unmarried or not in a domestic partnership, one-third (1/3) of the annual salary that the

justice was receiving at the time of his or her death.

     (e) Whenever a justice of the courts who was engaged as a judge on or after January 1,

2009, shall die without having become eligible to retire either under sections 8-3-7 or 8-3-8 and

has not served seven (7) years or more in office, his or her surviving spouse or domestic partner

shall receive annually thereafter, during his or her lifetime and so long as he or she remains

unmarried or not in a domestic partnership, one-fourth (1/4) of the annual salary that the justice

was receiving at the time of his or her death.

     (c)(f) In the event the deceased justice shall have no surviving spouse or domestic

partner, or the surviving spouse or domestic partner should predecease their minor children, then

the benefits conferred by this section shall be received in equal shares by the minor children, if

any, until each shall attain the age of twenty-one (21) years. Any justice of the courts who retires

under the provisions of section 8-3-7, 8-3-8, or 8-3-12 may at his or her option elect to receive

three-fourths (3/4) of his or her retirement pay, and where such option is exercised by giving the

general treasurer notice in writing thereof within two (2) years after the date of his or her

retirement, his or her surviving spouse or domestic partner or minor children shall receive

annually one-half (1/2) of his or her retirement pay during his or her lifetime so long as he or she

remains unmarried or not in a domestic partnerhip, or the children are under twenty-one (21)

years of age.

 

     SECTION 14. Section 28-30-17 of the General Laws in Chapter 28-30 entitled "Workers'

Compensation Court" is hereby amended to read as follows:

 

     28-30-17. Allowance to surviving spouses and domestic partners of deceased judges.

-- (a) Whenever any judge of the workers' compensation court who was engaged as a judge prior

to January 1, 2009 dies after retirement or during active service while eligible for retirement or

during active service after having served fifteen (15) years or more in office, his or her surviving

spouse or domestic partner shall receive annually thereafter during his or her lifetime and so long

as he or she remains unmarried or not in a domestic partnership, an amount equal to one-half (

1/2) of the annual payment that the judge was receiving by way of salary or retirement pay at the

time of his or her death.

      (b) For those engaged as a judge on or after January 1, 2009,and prior to July 1, 2009,

the judge may elect to receive retirement pay that is reduced by an additional ten percent (10%)

of the average of the highest three (3) consecutive years annual compensation (i.e., ninety percent

(90%) reduced to eighty percent (80%) or seventy percent (70%) reduced to sixty percent (60%))

and where such option is exercised by giving the general treasurer notice in writing thereof within

ninety (90) days after the date of his or her retirement his or her surviving spouse or domestic

partner or minor children shall receive annually one-half (1/2) of his or her retirement pay during

his or her lifetime so long as he or she remains unmarried or not in a domestic partnership, or the

children are under twenty-one (21) years of age; provided, however, for any judge engaged on or

after July 1, 2009, the reduction shall be based upon the average of the highest five (5) years

consecutive annual compensation .

      (c) Whenever a judge of the workers' compensation court dies without having become

eligible to retire either under section 28-30-15 or 28-30-16 and has served seven (7) years or more

in office, his or her surviving spouse or domestic partner shall receive annually thereafter during

his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership

one-third ( 1/3) of the annual salary that the judge was receiving at the time of his or her death.

      (d) Any judge who retires under the provisions of section 28-30-15 or 28-30-16 may at

his or her option elect to receive three-fourths ( 3/4) of his or her retirement pay, and where that

option is exercised by giving the general treasurer notice in writing within two (2) years after the

date of his or her retirement, his or her surviving spouse or domestic partner or minor children

shall receive annually one-half ( 1/2) of his or her retirement pay during his or her lifetime so

long as he or she remains unmarried or not in a domestic partnership or the children are under

twenty-one (21) years of age.

     (d) Whenever any judge of the workers' compensation court who was engaged as a judge

on or after January 1, 2009 dies during active service while eligible for retirement or during

active service after having served fifteen (15) years or more in office, his or her surviving spouse

or domestic partner shall receive annually thereafter during his or her lifetime and so long as he

or she remains unmarried or not in a domestic partnership, an amount equal to one-half (1/2) of

the annual payment that the judge was receiving by way of salary or retirement pay at the time of

his or her death.

      (e) Whenever a judge of the workers' compensation court dies without having become

eligible to retire either under section 28-30-15 or 28-30-16 and has not served seven (7) years in

office, his or her surviving spouse or domestic partner shall subsequently receive annually during

his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership,

one fourth ( 1/4) of the annual salary that the judge was receiving at the time of his or her death.

      (f) In the event the deceased judge has no surviving spouse or domestic partner or the

surviving spouse or domestic partner predeceases their minor children, the benefits conferred by

this section shall be received in equal shares by the minor children, if any, until each attains the

age of twenty-one (21) years.

 

     SECTION 15. This article shall take effect upon passage.