Chapter 171 |
2019 -- H 5034 SUBSTITUTE A Enacted 07/15/2019 |
A N A C T |
RELATING TO PUBLIC OFFICES AND EMPLOYEES -- RETIREMENT |
Introduced By: Representatives Craven, Lombardi, Hull, and McEntee |
Date Introduced: January 04, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 36-9-20 of the General Laws in Chapter 36-9 entitled "Retirement |
System - Membership and Service Credits" is 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 in toto to |
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 payment of the full actuarial cost as defined in |
subsection § 36-8-1(10). Any service as defined herein for which no contributions were made |
may be granted provided the member pays to the retirement system the full actuarial cost as |
defined in § 36-8-1(10). 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 that did not |
elect to accept chapter 21 of title 45 as provided in § 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 § 45-21-2(7) and provided the member pays to the |
retirement system an 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 that did not elect to accept chapter 21 of title 45 as provided in § 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 full actuarial cost as |
defined in subsection 36-8-1(10). 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) Any member who shall have rendered service both as a state employee under § 36-10- |
9, and service under § 36-10-9.2(a), shall be eligible to elect to combine the member's service |
under § 36-10-9.2(a) and service under § 36-10-9 to determine the member's retirement eligibility |
date under § 36-10-9. For any member making this election, the member will receive a single |
benefit equal to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit |
computed under § 36-10-10. |
(b)(c) The retirement board shall fix and determine rules and regulations to govern the |
provisions of this section. |
SECTION 2. Sections 36-10-9.2 and 36-10-10.2 of the General Laws in Chapter 36-10 |
entitled "Retirement System - Contributions and Benefits" are hereby amended to read as follows: |
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)(1) 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)(2) 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 contributory 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 but who are eligible to retire on or prior to June 30, 2012, 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)(i) 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)(ii) 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)(iii) 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). |
(c) 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 |
contributory service, shall be eligible to retire upon the attainment of the member's Social |
Security retirement age or, notwithstanding any other provisions, effective July 1, 2015, members |
in active service shall be eligible to retire upon the earlier of: |
(1) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) |
years of total service, or the attainment of at least age sixty-four (64) and the completion on at |
least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the |
completion on at least thirty-two (32) years of total service, or the attainment of at least age sixty- |
two (62) and the completion on at least thirty-three (33) years of total service; or |
(2) The member's retirement eligibility date under § 36-10-9(c)(ii) 36-10-9(1)(c)(ii). |
(d) Any member who shall have rendered service both as a state employee under § 36-10- |
9, and service under § 36-10-9.2(a), shall be eligible to elect to combine the member's service |
under § 36-10-9.2(a) and service under § 36-10-9 to determine the member's retirement eligibility |
date under § 36-10-9. For any member making this election, the member will receive a single |
benefit equal to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit |
computed under § 36-10-10. |
(e) The provisions of subsection (d) shall also apply to members who have retired on a |
service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in |
writing to the retirement board and shall apply prospectively from the date the request is received |
by the retirement board. |
36-10-10.2. Amount of service retirement allowance -- Correctional officers. |
(a) Upon retirement for service under § 36-10-9.2, a member with twenty-five (25) or |
more years of service as of June 30, 2012, shall receive a retirement allowance of an amount |
determined under (i) below. All other members shall receive a retirement allowance of an amount |
equal to the sum of (i) below for service prior to July 1, 2012, plus (ii) below for service on and |
after July 1, 2012. |
(i) Two percent (2%) of his or her average compensation multiplied by his or her first |
thirty (30) years of total service within the department of corrections; any and all years of |
remaining service shall be issued to the member at a retirement allowance of an amount equal to |
his or her average compensation multiplied by the percentage allowance determined in |
accordance with Schedule A below: |
Schedule A |
Years of Service Percentage Allowance |
1 through 30 inclusive 2% |
31st 6% |
32nd 5% |
33rd 4% |
34th 3% |
35th 2% |
(ii) On and after July 1, 2012, two percent (2%) of his or her average compensation |
multiplied by his or her first thirty (30) years of total service within the department of corrections, |
and three percent (3%) of his or her average compensation multiplied by the member's thirty-first |
(31st) through thirty-fifth (35th) years of service. |
(b) A member who has rendered service as a state employee under § 36-10-9 shall be |
eligible to combine the accrued benefit under § 36-10-10 as a state employee with the accrued |
benefit under this section, provided the member has first obtained eligibility under §§ 36-10- |
9.2(a), (b)(i)(b)(1), or (b)(ii)(b)(2). The accrual under § 36-10-10 will be added in the year in |
which service was rendered consistent with the schedules provided under § 36-10-10. |
(c) The provisions of subsection (b) shall also apply to members who have retired on a |
service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in |
writing to the retirement board and will only apply prospectively from the date the request is |
received by the retirement board. |
(b)(d) In no case shall a retirement percentage allowance exceed the greater of the |
member's retirement percentage allowance on June 30, 2012, or seventy-five percent (75%). Any |
member who has in excess of thirty-five (35) years on or before July 1, 1987, shall not be entitled |
to any refund. Any member with thirty-five (35) years or more on or after July 1, 1987, shall |
contribute from July 1, 1987, until his or her retirement, provided, however, that any member |
with thirty-eight (38) years of service prior to July 1, 1987, shall not be required to contribute. |
SECTION 4. This act shall take effect upon passage. |
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LC000053/SUB A |
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