Title 45
Towns and Cities

Chapter 21
Retirement of Municipal Employees

§ 45-21-8. Membership in system.

Membership in the retirement system does not begin before the effective date of participation in the system as provided in § 45-21-4, § 45-21.4-2, or § 45-21.4-3 and consists of the following:

(a) Any employee of a participating municipality as defined in this chapter, who becomes an employee on and after the effective date of participation, shall, under contract of his or her employment, become a member of the retirement system; provided, that the employee is not receiving any pension or retirement allowance from any other pension or retirement system supported wholly or in part by a participating municipality, and is not a contributor to any other pension or retirement system of a participating municipality. Any employee who is elected to an office in the service of a municipality after the effective date and prior to July 1, 2012, has the option of becoming a member of the system, which option must be exercised within sixty (60) days following the date the employee assumes the duties of his or her office, otherwise that person is not entitled to participate under the provisions of this section;

(b) Any employee or elected official of a participating municipality in service prior to the effective date of participation, who is not a member of any other pension or retirement system supported wholly or in part by a participating municipality, and who does not notify the retirement board in writing before the expiration of sixty (60) days from the effective date of participation that he or she does not wish to join the system, shall automatically become a member; and

(c) Any employee of a participating municipality in service prior to the effective date of participation, who is a member of any other pension or retirement system supported wholly or in part by a participating municipality on the effective date of participation of their municipality, who then or thereafter makes written application to join this system, and waives and renounces all accrued rights and benefits of any other pension or retirement system supported wholly or in part by a participating municipality, becomes a member of this retirement system and shall not be required to make contribution under any other pension or retirement system of a participating municipality, anything to the contrary notwithstanding.

(d) Notwithstanding the provisions of this section, present firefighters employed by the town of Johnston shall establish a pension plan separate from the state of Rhode Island retirement system. If the town of Johnston is thirty (30) days or more late on employer or employee contributions to the pension plan, the auditor general is authorized to redirect any Johnston funds to cover the shortfall or to deduct that amount from any moneys due the town from the state for any purpose other than for education. Disability determinations of present firefighters shall be made by the state retirement board, subject to the provisions of § 45-21-19, at the town of Johnston’s expense. All new firefighters hired by the town of Johnston shall become members of the state retirement system.

(e) Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of Teamsters Local Union No. 251, hired between the dates of July 1, 2005, and June 30, 2010, inclusive, and who are currently members of the retirement system established by this chapter may opt out of said retirement system and choose to enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston.

(f) Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of the Laborers International Union of North America Local 1322 hired between the dates of July 1, 2008, and June 30, 2013, inclusive, and who are currently members of the retirement system established by this chapter may opt out of said retirement system and choose to enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston.

(g) Notwithstanding the provisions of this section, any city of Cranston employees who will be members of Teamsters Local Union No. 251, hired after June 30, 2010, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston and shall not be a member of the retirement system established by this chapter.

(h) Notwithstanding the provisions of this section, any city of Cranston employees who are presently members of the Laborers International Union of North America Local 1322 hired after April 23, 2013, shall be enrolled in a defined contribution plan (i.e., 403(b) plan or equivalent thereof) established by the city of Cranston and shall not be a member of the retirement system established by this chapter.

(i) Notwithstanding the provisions of this section, any city of Cranston employees defined in subsections (e) and (f) of this section shall be precluded from purchase of service credit for time served on or after July 1, 2010, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston should the member cease employment with the city of Cranston or Teamsters Local Union No. 251 and re-enter the system with another participating employer who has accepted the provisions as defined, in § 45-21-4.

(j) Notwithstanding the provisions of this section, any town of Middletown employees, who will be members of the Teamsters Local Union No. 251 bargaining unit, hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, and any town of Middletown employees who are employed as full-time civilian dispatchers, hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, and any town of Middletown employees who are not affiliated with any recognized collective bargaining representative or union hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown and shall not be members of the retirement system established by this chapter. Said town of Middletown employees defined herein shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown should the member cease employment with the town of Middletown or in the Teamsters Local Union No. 251 bargaining unit and re-enter the system with any participating employer who has accepted the provisions as defined in § 45-21-4. Any town of Middletown employees hired after June 30, 2022, who are at the time of hire active members of the retirement system established by this chapter or who were previously active members of the retirement system established by this chapter shall remain as such active members or shall be reinstated as active members, as the case may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown. Moreover, any town of Middletown employee who was at the time of hire an active member of the retirement system established by this chapter or who was previously an active member of the retirement system established by this chapter, but who was forced to become or remain an inactive member by virtue of their having been hired by the town of Middletown at a time when such was required by law, may (by December 31, 2022, and not thereafter) request in writing to be dis-enrolled from the town of Middletown’s defined contribution plan and to have their contributions refunded to them; to be reinstated as an active member of the retirement system established by this chapter; and to be allowed to purchase service credit for their service while participating in Middletown’s defined contribution plan (notwithstanding the preclusion provided above in this subsection), which request, if timely made, shall be allowed. To be clear, persons reinstated under the terms of this section as active members of the retirement system established by this chapter shall be reinstated only with such service credits, if any, as they may have earned or purchased in accordance with the law and are thereafter subject to all laws and rules otherwise applicable to active members.

(k) Notwithstanding the provisions of this section, any town of Middletown employees, who will be members of the Middletown Municipal Employees Association NEARI Local 869 bargaining unit hired after June 30, 2012, and who are not at the time of hire active members of the retirement system established by this chapter and who were never active members of the retirement system established by this chapter, shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown and shall not be members of the retirement system established by this chapter. Said town of Middletown employees defined herein shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown should the member cease employment with the town of Middletown or in the Middletown Municipal Employees Association NEARI Local 869 bargaining unit and re-enter the system with any participating employer who has accepted the provisions as defined in § 45-21-4. Any town of Middletown employees hired after June 30, 2022, who are at the time of hire active members of the retirement system established by this chapter or who were previously active members of the retirement system established by this chapter shall remain as such active members or shall be reinstated as active members, as the case may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown. Moreover, any town of Middletown employee who was at the time of hire an active member of the retirement system established by this chapter or who was previously an active member of the retirement system established by this chapter, but who was forced to become or remain an inactive member by virtue of their having been hired by the town of Middletown at a time when such was required by law, may (by December 31, 2022, and not thereafter) request in writing to be disenrolled from the town of Middletown’s defined contribution plan and to have their contributions refunded to them; to be reinstated as an active member of the retirement system established by this chapter; and to be allowed to purchase service credit for their service while participating in Middletown’s defined contribution plan (notwithstanding the preclusion provided above in this subsection), which request, if timely made, shall be allowed. To be clear, persons reinstated under the terms of this section as active members of the retirement system established by this chapter shall be reinstated only with such service credits, if any, as they may have earned or purchased in accordance with the law and are thereafter subject to all laws and rules otherwise applicable to active members.

(l) Notwithstanding the provisions of this section, any Cranston public school employees who will be members of National Association of Government Employees (NAGE), Local RI-153, hired after June 30, 2012, shall be enrolled in a defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the Cranston school department and shall not be a member of the retirement system established by this chapter.

(m) Notwithstanding the provisions of this section, any Cranston public school employees defined in subsection (l) shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while participating in the defined contribution plan (i.e., a 401(a) plan or equivalent thereof) established by the Cranston public schools should the member cease employment with the Cranston public schools or National Association of Government Employees (NAGE), Local RI-153 and re-enter the system with another participating employer who has accepted the provisions as defined in § 45-21-4.

(n) Notwithstanding the provisions of this section, the chief of police for the city of Cranston who was hired on or about September 2014, shall be enrolled in a defined contribution plan (i.e., 401(a) plan or any equivalent thereof) established by the city of Cranston, and shall not be a member of the retirement system established by this chapter.

(o) [Deleted by P.L. 2022, ch. 277, § 1 and P.L. 2022, ch. 327, § 1.]