§ 45-21.5-5. Retiree participation in optional retirement plan for police and fire.
(a) The provisions of this section shall apply only to the locally-administered plan for police and fire within the town of West Warwick.
(b)(1) Notwithstanding any provision of this chapter to the contrary, 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 retired former employees to be included as provided in § 45-21-4; provided that, a majority of retired former employees have consented in writing to joining the system or any duly constituted retiree organization that represents said retired former employees has assented to joining the system; 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 retiree organization, and/or amendment to any 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 of retirees into the system shall be required.
(2) For purposes of this section, “retired former employees” means any member of the West Warwick plan for police and fire who has retired prior to September 1, 2021.
(c)(1) Notwithstanding any other provisions of this section or other applicable law, upon acceptance into the system, all retired former employees and their beneficiaries shall continue to be subject to all plan provisions, as set forth by the plan, collective bargaining agreement, memorandum of agreement, arbitration award, final and consent judgment and/or any individual contractual agreement between any nonunion employee and the town in effect upon the retired former employee’s date of retirement. These provisions shall include, but are not limited to: applicable retirement ages, plan restrictions, accrual rates, contribution requirements, eligibility requirements, benefit calculations and any and all provisions related to postemployment 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 retired former employees of the West Warwick plan, including police and fire, shall continue to enjoy all benefits and be subject to the same terms of the pension plan in existence upon their date of retirement and that the municipal employees’ retirement system shall administer, but not change, the pension plan benefits and terms formerly provided by the town unless expressly provided otherwise in this section.
(2) Retired former employees under this section shall not be entitled to any retirement allowance or benefit from the system otherwise available or calculated pursuant to the provisions of § 45-21.2-6, § 45-21.2-13, § 45-21.2-20, § 45-21.2-21, or § 45-21.2-22 with regard to their West Warwick pension benefit.
(d) The cost to evaluate West Warwick’s prospective membership in the retirement system, and costs related to obtaining consent of retirees to join the system pursuant to this section, shall be borne by the retirement board.
(e) 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 retired public safety 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.
(f) Subject to the provisions of subsection (b) of this section being met, the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; 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 the municipality is enforced in the same manner as stated in chapter 21 of this title.
History of Section.
P.L. 2021, ch. 226, § 1, effective July 8, 2021; P.L. 2021, ch. 227, § 1, effective
July 8, 2021.