Chapter 016
2012 -- H 7186 SUBSTITUTE A AS
AMENDED
Enacted 04/03/12
A N A C T
RELATING TO
TOWNS AND CITIES -- RETIREMENT OF MUNICIPAL EMPLOYEES
Introduced By: Representatives Ucci, Petrarca, Carnevale, and Fellela
Date Introduced: January 18, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 45-21.2-5 of the General Laws in Chapter
45-21.2 entitled
"Optional Retirement
for Members of Police Force and Fire Fighters" is hereby amended to read
as follows:
45-21.2-5.
Retirement on service allowance. -- (a) Retirement
of a member on a service
retirement allowance for members eligible to retire on or before
June 30, 2012 shall be made,
subject to paragraph (a)(11) below, by the retirement board
as follows:
(1) Any member who has
attained or attains age seventy (70) shall be retired as stated in
section 45-21-16 subject to the discretions contained in that
section; provided, that any member
who is a member of the
five (65) years shall be retired. Retirement occurs on the
first day of the next succeeding calendar
month in which the member has attained the age of
sixty-five (65) years.
(2) Any member may
retire pursuant to this subdivision upon written application to the
board stating at what time the member desires to retire;
provided, that the member at the specified
time for retirement has attained an age of fifty-five (55)
years and has completed at least ten (10)
years of total service, and notwithstanding that the member
may have separated from service.
(3) Any member may
retire pursuant to this subdivision upon written application to the
board stating at what time the member desires to retire;
provided, that the member at the specified
time for retirement has completed at least twenty-five
(25) years of total service, and
notwithstanding that the member may have separated from service.
(4) Any member may
retire pursuant to this subdivision upon written application to the
board stating at what time the member desires to retire;
provided, that the member at the specified
time for retirement has attained an age of fifty (50)
years and has completed at least twenty (20)
years of total service, notwithstanding that the member may
have separated from service;
provided, that the service retirement allowance, as determined
according to the formula provided
in section 45-21.2-6, is reduced one-half of one percent
( 1/2%) for each month that the age of the
member is less than fifty-five (55) years.
(5) Any member of the
subdivision upon written application to the board stating at what
time the member desires to
retire; provided, that the member at the specified time for
retirement has earned a service
retirement allowance of fifty percent (50%) of final
compensation pursuant to section 45-21.2-
6.1.
(6) Any member of the
subdivision upon written application to the board stating at what
time the member desires to
retire; provided, that the member at the specified time for
retirement has earned a service
retirement allowance of fifty percent (50%) of final
compensation pursuant to section 45-21.2-
6.2.
(7) Any member of the
of the
retire pursuant to this subdivision upon written application
to the board stating at what time the
member desires to retire; provided, that the member at the
specified time for retirement has
earned a service retirement allowance of fifty percent (50%)
of final compensation for at least
twenty (20) years service; final compensation for
the compensation components of weekly salary, longevity
and holidays with longevity of the
members highest year of earnings and members shall receive a
three percent (3%) escalation of
their pension payment compounded each year on January 1st
following the year of retirement and
continuing on an annual basis on that date; further, any illness
or injury not covered in title 45 of
the general laws relating to the presumption of
disability is governed by the collective bargaining
agreement between the City of
(8) Any member of the
member of the
1995, may retire pursuant to this subdivision upon
written application to the board stating at what
time the member desires to retire; provided, that the
member at the specified time for retirement
has earned a service retirement allowance of fifty
percent (50%) of final compensation for at least
twenty (20) years service; final compensation for
on the compensation components of weekly salary,
longevity and holidays with longevity of the
members highest year of earnings and members shall receive a
three percent (3%) escalation of
their pension payment compounded each year on January 1st
following the year of retirement and
continuing on an annual basis on that date; further, any illness
or injury not covered in title 45 of
the general laws relating to the presumption of
disability is governed by the collective bargaining
agreement between the City of
(9) Any member of the
Hopkinton police department may retire pursuant to this
subdivision upon written application to the board stating at what
time the member desires to
retire; provided, that the member at the specified time for
retirement has earned a service
retirement allowance of fifty percent (50%) of final
compensation for at least twenty (20) years
service; final compensation for Hopkinton police department
members is based on the
compensation components of weekly salary, longevity and holidays
with longevity of the
members highest year of earnings and members shall receive a
three percent (3%) escalation of
their pension payment compounded each year on January 1st
following the year of retirement and
continuing on an annual basis on that date.
(10) Any member of the
subdivision upon written application to the board stating at what
time the member desires to
retire; provided, that the member at the specified time for
retirement has earned a service
retirement allowance of fifty percent (50%) of final
compensation for at least twenty-two (22)
years' service pursuant to section 45-21.2-6.3.
(11) Notwithstanding
any provision in this section to the contrary, for any service on or
after July 1, 2012, final compensation shall be defined in
accordance with section 45-21.2-2, and
no benefit adjustments shall be provided except as set
forth in subsection 45-21-52(c).
(12) Notwithstanding
any provisions of this section to the contrary, with respect to police
officers employed by the town of
2010 shall be eligible to be members of the Municipal
Employees’ Retirement System of the state
of
(b) Retirement of a
member on a service retirement allowance eligible to retire on and
after July 1, 2012 shall be made by the retirement board as
follows:
(1) Any member may
retire pursuant to this subdivision upon written application to the
board stating at what time the member desires to retire;
provided, that the member at the specified
time for retirement attained the age of at least
fifty-five (55) years and has completed at least
twenty-five (25) years of total service, and notwithstanding
that the member may have separated
from service.
(2) Any member with
contributory service on or after July 1, 2012, who has completed at
least five (5) years of contributory service but who has
not completed twenty-five (25) years of
service, shall be eligible to retire upon the attainment of
the member's Social Security retirement
age.
(3) If a member had ten
(10) or more years of contributory service and attained age
forty-five (45) prior to July 1, 2012 and would have been
eligible to retire at or prior to age fifty-
two (52) in accordance with the rules in effect prior to
July 1, 2012, the member may retire upon
attainment of age fifty-two (52).
(4) A member who has
completed twenty (20) or more years of total service who has
attained an age within five (5) years of the eligible
retirement age under subparagraphs (b)(1) or
(b)(2) above, may elect to
retire provided that the retirement allowance shall be reduced
actuarially for each month that the age of the member is less
than the eligible retirement age
under subparagraphs (b)(1) or (b)(2) above.
(5) Notwithstanding any
other provisions of this section, a member on June 30, 2012,
may elect to retire at his or her eligible retirement
date as determined under the rules in effect on
June 30, 2012 provided that a member making an
election under this paragraph shall receive the
member's retirement benefit determined and calculated based on
the member's service and final
compensation as of June 30, 2012. This provision shall be
interpreted and administered in a
manner to protect a member's accrued benefit on June 30,
2012.
SECTION 2. This act shall take effect upon passage.
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LC00550/SUB A
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