Title 36
Public Officers and Employees

Chapter 12
Insurance Benefits

R.I. Gen. Laws § 36-12-2.2

§ 36-12-2.2. Disabled retired employees — Hospital care and surgical-medical service benefits.

Notwithstanding any other provision of the law to the contrary, an employee of the state of Rhode Island who retires under the provisions of title 36 of the Rhode Island general laws with a disability pension benefit shall receive only the following state-sponsored health care and subsidies:

(1) Disabled retired employees who retire on or before September 30, 2008, and who are at least sixty (60) years of age as of September 30, 2008.

(i) Any disabled retired employee of the state of Rhode Island who retires on or before September 30, 2008, and is at least sixty (60) years of age as of September 30, 2008, will be eligible until age sixty-five (65) to continue to purchase hospital care and surgical-medical service benefits as set forth in § 36-12-2 and as are received by classified employees. Furthermore, if he/she retired subsequent to July 1, 1989, he/she shall receive for himself or herself a subsidy on the individual medical plan in accordance with the following formula until attaining age sixty-five (65):

Years of Service State’s Share Employee’s Share
10 - 15 50% 50%
16 - 22 70% 30%
23 - 27 80% 20%
28+ 100% 0%

(ii) Any disabled retired employee of the state of Rhode Island who retires on or before September 30, 2008, and is at least sixty-five (65) years of age as of September 30, 2008, will be eligible to continue to purchase hospital care and surgical-medical service benefits as set forth in § 36-12-2 and as are received by classified employees. Furthermore, if he/she retired subsequent to July 1, 1989, he/she shall receive for himself or herself a subsidy on his or her individual medical plan in accordance with the following formula applied to the cost of the Medicare supplemental plan:

Years of Service State’s Share Employee’s Share
10 - 15 50% 50%
16 - 19 70% 30%
20 - 27 90% 10%
28+ 100% 0%

(iii) Payment for the coverage shall be at the same group rate used by the state in making payment for state employees.

(2) Disabled retired employees who retire after September 30, 2008, or are under sixty (60) years of age on September 30, 2008. Any disabled retired employee of the state of Rhode Island who retires after September 30, 2008, or any disabled retired employee of the state of Rhode Island who is under sixty (60) years of age on September 30, 2008, will be eligible to receive state-sponsored medical coverage and subsidies as follows:

(i) If the retiree is under fifty-nine (59) years of age, the retiree shall have the right to purchase hospital care and surgical-medical service benefits as set forth in § 36-12-2 and as are received by classified employees. Payment for the coverage shall be at the same group rate used by the state in making payment for state employees.

(ii) Furthermore, if the retiree is under fifty-nine (59) years of age, and retired after July 1, 1989, and before September 30, 2008, and the retiree had a minimum of twenty-eight (28) years of total service, he/she shall receive for himself or herself a ninety percent (90%) subsidy on the individual medical plan until attaining age fifty-nine (59).

(iii) At age fifty-nine (59) the retiree and his/her dependents shall be eligible only for enrollment in the medical plans available to non-disabled state employee retirees. If the retiree has a minimum of ten (10) years of contributory service, and up to twenty (20) years of total service, the retiree will be eligible for a fifty percent (50%) state subsidy on the cost of the individual retiree medical plan. If the retiree has a minimum of ten (10) years of contributory service, and twenty (20) years or more of total service, the retiree will be eligible for an eighty percent (80%) state subsidy on the cost of the individual retiree medical plan. The retiree is responsible for full payment for any additional dependent plans.

(3) Disabled retired employees who retire after September 30, 2008, or are under sixty-five (65) years of age on September 30, 2008. Any disabled retired employee of the state of Rhode Island who retires after September 30, 2008, or any disabled retired employee of the state of Rhode Island who is under sixty-five (65) years of age on September 30, 2008, will be eligible to receive only the following state-sponsored medical coverage and subsidies upon attaining age sixty-five (65):

(i) If the retiree is eligible for Medicare at age sixty-five (65), the retiree and spouse shall enroll in a state-sponsored Medicare supplemental plan.

(ii) If a retiree is not eligible for Medicare at age sixty-five (65), the retiree may remain in the same medical plan that the retiree was enrolled in prior to attaining age sixty-five (65).

(iii) If the retiree has a minimum of ten (10) years of contributory service, and up to twenty (20) years of total service, the retiree will receive a fifty percent (50%) state subsidy based on the cost of the individual Medicare supplemental plan. If the retiree has a minimum of ten (10) years of contributory service and twenty (20) years or more of total service, the retiree will be eligible for an eighty percent (80%) state subsidy based on the cost of the individual Medicare supplemental plan. The retiree is responsible for full payment for any additional dependent plans.

(4) Payments for retiree and dependent medical coverage shall be deducted from the purchaser’s retirement benefits received pursuant to chapter 10 of this title.

History of Section.
P.L. 1985, ch. 450, § 1; P.L. 2008, ch. 9, art. 4, § 2; P.L. 2011, ch. 363, § 31.