Public Officers and Employees

CHAPTER 36-10.1
Rhode Island Public Employee Pension Revocation and Reduction Act

SECTION 36-10.1-2

§ 36-10.1-2. Definitions.

(a) "Crime related to public office or public employment" shall mean any of the following criminal offenses:

(1) The committing, aiding, or abetting of an embezzlement of public funds;

(2) The committing, aiding, or abetting of any felonious theft by a public officer or employee from his or her employer;

(3) Bribery in connection with employment of a public officer or employee; and

(4) The committing of any felony by a public officer or employee who, willfully and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position.

(b) "Public official" or "public employee" shall mean any current or former state or municipal elected official as defined in § 36-14-2(10), state or municipal appointed official as defined in § 36-14-2(4), and any employee of state or local government, of boards, commissions or agencies as defined in § 36-14-2(8)(i), (ii), who is otherwise entitled to receive or who is receiving retirement benefits under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42, whether that person is acting on a permanent or temporary basis and whether or not compensated on a full-time or part-time basis. For the purposes of this chapter, all these persons are deemed to be engaged in public employment.

(c) As used in this chapter, the phrase "pleads guilty or nolo contendere" shall not include any plea of nolo contendere which does not constitute a conviction by virtue of § 12-10-12 or 12-18-3.

(d) For purposes of this chapter, "domestic partner" shall be defined as a person who, prior to the decedent's death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:

(1) Both partners were at least eighteen (18) years of age and were mentally competent to contract;

(2) Neither partner was married to anyone else;

(3) Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;

(4) Partners resided together and had resided together for at least one year at the time of death; and

(5) Partners were financially interdependent as evidenced by at least two (2) of the following:

(i) Domestic partnership agreement or relationship contract;

(ii) Joint mortgage or joint ownership of primary residence;

(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or

(iv) The domestic partner had been designated as a beneficiary for the decedent's will, retirement contract or life insurance.

History of Section.
(P.L. 1992, ch. 306, art. 1, § 8; P.L. 2007, ch. 510, § 13; P.L. 2010, ch. 239, § 12.)