Chapter 010

2010 -- S 2818

Enacted 05/01/10

 

A N A C T

RELATING TO STATE RETIREMENT SYSTEM

          

     Introduced By: Senator Daniel DaPonte

     Date Introduced: April 28, 2010

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. 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 employer contribution shall be deferred from the effective date of

this act until June 15, 2010. 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 2. 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 shall be deferred from the effective date of this act until

June 15, 2010. 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 from the effective date of this act until June 15, 2010, 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 2010

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 3. 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 shall be deferred from the effective date of this act until June 15, 2010.

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

for any purpose.

 

     SECTION 4. 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 shall be deferred from the effective date of this act until June 15, 2010.

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

for any purpose.

 

     SECTION 5. 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. 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.

     (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 15, 2010, shall be transferred to the general treasurer who shall

transfer such amounts into the retirement system as appropriate.

 

     SECTION 6. This act shall take effect upon passage.

     

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LC02517

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