Title 45
Towns and Cities

Chapter 21.5
West Warwick Pension Plan

§ 45-21.5-4. Alternative acceptance by the town of West Warwick of optional retirement for police and firefighters.

(a) The provisions of this section shall apply only to the locally-administered plan for police and fire within the town of West Warwick hereinafter referred to as the “West Warwick plan for police and fire.”

(b) No later than August 31, 2021, West Warwick may accept the provisions of this chapter, by resolution or an ordinance of its governing body, stating the group or groups of public safety employees to be included as provided in § 45-21-4; provided that, any and all labor organizations, representing active police and fire of the municipality to be included, have assented to such participation of their respective memberships by ratification of amendments to the applicable collective bargaining agreement by a majority vote of those members of any such labor organization present and voting; and, provided further that, any applicable final and consent judgments are amended. A copy of the resolution or ordinance and proof of assent from the applicable labor organization, and/or amendment to any applicable final and consent judgments, shall be immediately forwarded to the retirement board for review. A vote of the retirement board to accept the entry of the group or groups into the system as provided in this section shall be required.

(c) The West Warwick plan for police and fire shall be closed to new members on August 31, 2021.

(d) Following acceptance as provided in subsection (b) of this section, members of the West Warwick plan for police and fire in active service on August 31, 2021, shall continue to be subject to all of the provisions, as set forth in the 2006 pension plan as modified by any collective bargaining agreement, memorandum of agreement, arbitration award, final and consent judgment and/or any individual contractual agreement between any non-union employee and the town in effect on August 31, 2021 (hereinafter collectively “the 2006 pension plan as modified”). These provisions shall include, but not be limited to: applicable retirement ages, plan restrictions, accrual rates, contribution requirements, eligibility requirements, benefit calculations, and any and all provisions related to post-employment benefits, death benefits, cost-of-living adjustments, and rules permitting employment in and pension credit accrual within other municipalities or the state that are participants in any other retirement plan administered by the state. The intent of this section is that all members of the West Warwick plan for police and fire shall continue to enjoy all benefits and be subject to the same terms of the pension plan in existence on August 31, 2021, and that the municipal employees’ retirement system shall administer, but not change, the pension benefits and terms formerly provided by the town unless expressly provided otherwise in this section.

(e) Disability determinations shall be made by the retirement board, subject to the procedures and standards of §§ 45-21.2-7 (except for the eligible service requirements) and 45-21.2-9 as applicable, for members hired prior to September 1, 2021. If a disability retirement pension is granted, the member shall receive benefits provided by the West Warwick pension plan pursuant to the 2006 pension plan as modified in effect on August 31, 2021. If the retirement board denies the application for an accidental disability pension, the member may submit an appeal to the Rhode Island workers’ compensation court pursuant to § 45-21.2-9(g) through (k).

(f) Subject to the provisions of subsection (b) of this section being met, new employees hired on or after September 1, 2021, shall be subject to all of the provisions of chapter 21.2 of this title as applicable, including all applicable disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52.

(g) Members of the West Warwick plan for police and fire in active service as of August 31, 2021, and civilian employees of the West Warwick Fire Department as of August 31, 2021, who are part of the firefighters’ bargaining unit but are members of the West Warwick plan excluding police and fire, shall have a one-time irrevocable option to become subject to the provisions of chapter 21 or 21.2 of this title as applicable, including all applicable disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52. Such election shall be made on or before September 30, 2021.

(h) Notwithstanding any provision in § 45-21-42.2 to the contrary, the cost to evaluate West Warwick prospective participation in the retirement system pursuant to this section or § 45-21.5-3, shall be borne by the retirement board.

(i) Notwithstanding any provision in § 45-21-43.1 to the contrary, determination of the employer contribution rate of the closed West Warwick pension plan for police and fire pursuant to this section shall be computed using an amortization period for the unfunded actuarial accrued liability as determined by the board, based upon the recommendation of the plan’s actuary. Future actuarial gains and losses accruing within a plan year will be amortized over individual new twenty (20) year closed periods consistent with § 45-21-43.1(c).

(j) Notwithstanding any provision in § 45-21-56 to the contrary, if a West Warwick pension plan for police and fire pursuant to this section is in critical status as defined in § 45-65-4, and a member of the West Warwick pension plan for police and fire leaves employment and is hired by another participating municipality that is not in critical status as defined in § 45-65-4, then the retirement system shall transfer the amount of the member’s contributions and member’s total accrued liability with the West Warwick pension plan for police and fire, multiplied by the funded status of the West Warwick pension plan for police and fire, to the account of the current employing municipality.

(k) Upon the conditions of subsection (b) of this section being met, the town of West Warwick shall remain liable to the retirement system for the cost of funding a retirement system for its employees who are members of the system as provided herein, and the retirement board maintains the right to enforce payment of any liability as provided in chapter 21 of this title.

(l) Subject to the provisions of subsection (b) of this section being met, the West Warwick plan for police and fire and the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; credits for prior service and collection of contributions are determined through reference to that chapter; provided that, where the provisions of that chapter conflict with the provisions of this chapter, then the provisions of this chapter shall control. Liability of contributions is enforced in the same manner as stated in chapter 21 of this title.