2014 -- S 3087
Enacted 07/08/14
A N A C T
RELATING TO TOWNS AND CITIES -- RETIREMENT OF MUNICIPAL EMPLOYEES -- TOWN OF MIDDLETOWN
Introduced By: Senator Louis P.DiPalma
Date Introduced: June 11, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Section 45-21-8 of the General Laws in Chapter 45-21 entitled "Retirement of Municipal Employees" is hereby amended to read as follows:
45-21-8. Membership in system. -- Membership in
the retirement system does not begin before the effective date of participation
in the system as provided in section §45-21-4, and
consists of the following:
(a) Any employee of a participating municipality as defined in this chapter, who becomes an employee on and after the effective date of participation, shall, under contract of his or her employment, become a member of the retirement system; provided, that the employee is not receiving any pension or retirement allowance from any other pension or retirement system supported wholly or in part by a participating municipality, and is not a contributor to any other pension or retirement system of a participating municipality. Any employee who is elected to an office in the service of a municipality after the effective date and prior to July 1, 2012, has the option of becoming a member of the system, which option must be exercised within sixty (60) days following the date the employee assumes the duties of his or her office, otherwise that person is not entitled to participate under the provisions of this section;
(b) Any employee or elected official of a participating municipality in service prior to the effective date of participation, who is not a member of any other pension or retirement system supported wholly or in part by a participating municipality, and who does not notify the retirement board in writing before the expiration of sixty (60) days from the effective date of participation that he or she does not wish to join the system, shall automatically become a member; and
(c) Any employee of a participating municipality in service prior to the effective date of participation, who is a member of any other pension or retirement system supported wholly or in part by a participating municipality on the effective date of participation of their municipality, who then or thereafter makes written application to join this system, and waives and renounces all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a participating municipality, becomes a member of this retirement system and shall not be required to make contribution under any other pension or retirement system of a participating municipality, anything to the contrary notwithstanding.
(d) Notwithstanding the provisions of
this section, present firefighters employed by the town of Johnston shall
establish a pension plan separate from the state of Rhode Island retirement
system. If the town of Johnston is thirty (30) days or more late on employer or
employee contributions to the pension plan, the auditor general is authorized
to redirect any Johnston funds to cover the shortfall or to deduct that amount
from any moneys due the town from the state for any purpose other than for
education. Disability determinations of present firefighters shall be made by
the state retirement board, subject to the provisions of section §45-21-19
at the town of Johnston's expense. All new firefighters hired by the town of
Johnston shall become members of the state retirement system.
(e) Notwithstanding the provisions of
this section, any Ccity of Cranston employees, who are presently
members of Teamsters Local Union No. 251, hired between the dates of July 1,
2005 and June 30, 2010 inclusive and who are currently members of the
retirement system established by this chapter, may opt out of said retirement
system and choose to enroll in a defined contribution plan (i.e., a 403 (b)
plan or equivalent thereof) established by the Ccity of Cranston.
(f) Notwithstanding the provisions of
this section, any Ccity of Cranston employees, who are presently
members of the Laborers International Union of North America Local 1322 hired
between the dates of July 1, 2008 and June 30, 2013 inclusive and who are
currently members of the retirement system established by this chapter, may opt
out of said retirement system and choose to enroll in a defined contribution
plan (i.e., a 403(b) plan or equivalent thereof) established by the Ccity
of Cranston.
(g) Notwithstanding the provisions of
this section, any Ccity of Cranston employees, who will be
members of Teamsters Local Union No. 251, hired after June 30, 2010 shall be
enrolled in a defined contribution plan (i.e., a 403 (b) plan or equivalent
thereof) established by the Ccity of Cranston and shall not be a
member of the retirement system established by this chapter.
(h) Notwithstanding the provisions of
this section, any Ccity of Cranston employees, who are presently
members of the Laborers International Union of North America Local 1322 hired
after April 23, 2013 shall be enrolled in a defined contribution plan (i.e.,
403(b) plan or equivalent thereof) established by the Ccity of
Cranston and shall not be a member of the retirement system established by this
chapter.
(i) Notwithstanding the provisions of
this section, any Ccity of Cranston employees defined in (e) and
(f) of this section shall be precluded from purchase of service credit for time
served on or after July 1, 2010 while participating in the defined contribution
plan (i.e., a 403 (b) plan or equivalent thereof) established by the Ccity
of Cranston should the member cease employment with the Ccity of
Cranston or Teamsters Local Union No. 251 and re-enter the system with another
participating employer who has accepted the provisions, as defined, in section
§45-21-4.
(j) Notwithstanding the provisions of
this section, any town of Middletown employees, who will be members of the
Teamsters Local Union No. 251 bargaining unit, hired after June 30, 2012, and any town of Middletown employees who are employed as
full-time civilian dispatchers, hired after June 30, 2012, and any town of
Middletown employees who are not affiliated with any recognized collective
bargaining representative or union, hired after June 30, 2012, shall
be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent
thereof) established by the town of Middletown and shall not be members of the
retirement system established by this chapter. Said town of Middletown
employees defined herein shall be precluded from the purchase of service credit
for time served on or after July 1, 2012 while participating in the defined
contribution plan (i.e., a 403(b) plan or equivalent thereof) established by
the town of Middletown should the member cease employment with the town of
Middletown or in the Teamsters Local Union No. 251 bargaining unit and re-enter
the system with any participating employer who has accepted the provisions, as
defined in section §45-21-4.
(k) Notwithstanding the provisions of
this section, any town of Middletown employees, who will be members of the
Middletown Municipal Employees Association NEARI Local 869 bargaining unit,
hired after June 30, 2012, shall be enrolled in a defined contribution plan
(i.e., a 403(b) plan or equivalent thereof) established by the town of
Middletown and shall not be members of the retirement system established by
this chapter. Said town of Middletown employees defined herein shall be
precluded from the purchase of service credit for time served on or after July
1, 2012 while participating in the defined contribution plan (i.e., a 403(b)
plan or equivalent thereof) established by the town of Middletown should the
member cease employment with the town of Middletown or in the Middletown
Municipal Employees Association NEARI Local 869 bargaining unit and re-enter
the system with any participating employer who has accepted the provisions, as
defined in section §45-21-4.
(l) Notwithstanding the provisions of this section, any Cranston public school employees, who will be members of National Association of Government Employees (NAGE), Local RI-153, hired after June 30, 2012 shall be enrolled in a defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the Cranston school department and shall not be a member of the retirement system established by this chapter.
(m) Notwithstanding the provisions of
this section, any Cranston public school employees defined in subsection (h)
shall be precluded from the purchase of service credit for time served on or
after July 1, 2012, while participating in the defined contribution plan (i.e.,
a 401(a) plan or equivalent thereof) established by the Cranston public
schools, should the member cease employment with the Cranston public schools or
National Association of Government Employees (NAGE), Local RI-153 and re-enter
the system with another participating employer who has accepted the provisions,
as defined, in section §45-21-4.
SECTION 2. This act shall take effect upon passage.
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LC005909
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