Title 36
Public Officers and Employees

Chapter 10
Retirement System — Contributions and Benefits

§ 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)(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.

(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:

(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).

(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 (b)(2)(i) as the denominator.

(iii) The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference determined in (b)(2)(i) 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 of at least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at least thirty-three (33) years of total service; or

(2) The member’s retirement eligibility date under § 36-10-9(1)(c)(ii).

(d) Any member who shall have rendered service both as a state employee under § 36-10-9 and/or as a teacher under § 16-16-12, and service under subsection (a) of this section, shall be eligible to elect to combine the member’s service under subsection (a) of this section and service under § 36-10-9 and/or § 16-16-12 to determine the member’s retirement eligibility date under § 36-10-9 or § 16-16-12. 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 and/or § 16-16-13.

(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.