| Chapter 327 |
| 2022 -- S 2956 Enacted 07/06/2022 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- RETIREMENT OF MUNICIPAL EMPLOYEES |
Introduced By: Senator Louis P. DiPalma |
| Date Introduced: May 19, 2022 |
| 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 § 45-21-4, § 45-21.4-2, or § 45-21.4-3 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 § 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 city 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 city of Cranston. |
| (f) Notwithstanding the provisions of this section, any city 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 |
| city of Cranston. |
| (g) Notwithstanding the provisions of this section, any city 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 city of |
| Cranston and shall not be a member of the retirement system established by this chapter. |
| (h) Notwithstanding the provisions of this section, any city 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 city of Cranston and shall not be a member of the retirement system |
| established by this chapter. |
| (i) Notwithstanding the provisions of this section, any city of Cranston employees defined |
| in subsections (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 city of Cranston should the member cease |
| employment with the city 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 § 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 who are not at the time of hire active members of the retirement system established by |
| this chapter and who were never active members of the retirement system established by this |
| chapter, and any town of Middletown employees who are employed as full-time civilian |
| dispatchers, hired after June 30, 2012, and who are not at the time of hire active members of the |
| retirement system established by this chapter and who were never active members of the retirement |
| system established by this chapter, and any town of Middletown employees who are not affiliated |
| with any recognized collective bargaining representative or union hired after June 30, 2012, and |
| who are not at the time of hire active members of the retirement system established by this chapter |
| and who were never active members of the retirement system established by this chapter, 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 § 45-21-4. Any town of Middletown employees hired after June 30, 2022, |
| who are at the time of hire active members of the retirement system established by this chapter or |
| who were previously active members of the retirement system established by this chapter shall |
| remain as such active members or shall be re-instated reinstated as active members, as the case |
| may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent |
| thereof) established by the town of Middletown. Moreover, any town of Middletown employee |
| who was at the time of hire an active member of the retirement system established by this chapter |
| or who was previously an active member of the retirement system established by this chapter, but |
| who was forced to become or remain an inactive member by virtue of their having been hired by |
| the town of Middletown at a time when such was required by law, may (by December 31, 2022, |
| and not thereafter) request in writing to be dis-enrolled from the town of Middletown's defined |
| contribution plan and to have their contributions refunded to them; to be reinstated as an active |
| member of the retirement system established by this chapter; and to be allowed to purchase service |
| credit for their service while participating in Middletown's defined contribution plan |
| (notwithstanding the preclusion provided above in this subsection), which request, if timely made, |
| shall be allowed. To be clear, persons reinstated under the terms of this section as active members |
| of the retirement system established by this chapter shall be reinstated only with such service |
| credits, if any, as they may have earned or purchased in accordance with the law and are thereafter |
| subject to all laws and rules otherwise applicable to active members. |
| (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, and who are not at the time of hire active members of the |
| retirement system established by this chapter and who were never active members of the retirement |
| system established by this chapter, 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 § |
| 45-21-4. Any town of Middletown employees hired after June 30, 2022, who are at the time of hire |
| active members of the retirement system established by this chapter or who were previously active |
| members of the retirement system established by this chapter shall remain as such active members |
| or shall be re-instated reinstated as active members, as the case may be, and shall not be enrolled |
| in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of |
| Middletown. Moreover, any town of Middletown employee who was at the time of hire an active |
| member of the retirement system established by this chapter or who was previously an active |
| member of the retirement system established by this chapter, but who was forced to become or |
| remain an inactive member by virtue of their having been hired by the town of Middletown at a |
| time when such was required by law, may (by December 31, 2022, and not thereafter) request in |
| writing to be disenrolled from the town of Middletown's defined contribution plan and to have their |
| contributions refunded to them; to be reinstated as an active member of the retirement system |
| established by this chapter; and to be allowed to purchase service credit for their service while |
| participating in Middletown's defined contribution plan (notwithstanding the preclusion provided |
| above in this subsection), which request, if timely made, shall be allowed. To be clear, persons |
| reinstated under the terms of this section as active members of the retirement system established |
| by this chapter shall be reinstated only with such service credits, if any, as they may have earned |
| or purchased in accordance with the law and are thereafter subject to all laws and rules otherwise |
| applicable to active members. |
| (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 (l) 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 § 45-21-4. |
| (n) Notwithstanding the provisions of this section, the chief of police for the city of |
| Cranston who was hired on or about September 2014, shall be enrolled in a defined contribution |
| plan (i.e., 401(a) plan or any equivalent thereof) established by the city of Cranston, and shall not |
| be a member of the retirement system established by this chapter. |
| (o) Notwithstanding the provisions of this section, any town of Middletown employees, |
| who will be members of the Middletown Fraternal Order of Police, Lodge #21, and hired as full- |
| time police officers after June 30, 2021, shall be enrolled in a defined contribution plan (i.e., a |
| 401(a) 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, |
| 2021, while participating in the defined contribution plan (i.e., a 401(a) plan or equivalent thereof) |
| established by the town of Middletown, should the member cease employment with the town of |
| Middletown or in the Middletown Fraternal Order of Police, Lodge #21 bargaining unit and re- |
| enter the system with any participating employer who has accepted the provisions as defined in § |
| 45-21-4. |
| SECTION 2. This act shall take effect upon passage. |
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| LC005993 |
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