R.I. Gen. Laws § 36-4-61 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-61
§ 36-4-61. Persons with disabilities  Special list of eligibles.
Status: in_force

(a) The personnel administrator is authorized and empowered to prepare without examination special lists of eligible persons who have a severe physical and/or mental impairment and who are certified by the department of human services as being so impaired, capable, and adequately trained to qualify for an entrance level class of positions in the classified service. The administrator, in his or her discretion, may fix the maximum number of persons who may be placed on the special lists of eligibles.

(b) In order to qualify for permanent appointment to the classified service under subsection (a) of this section the person with a disability must:

(1) Have a severe physical and/or mental impairment or combination of impairments which resulted in an inability to obtain permanent employment under competitive rules;

(2) Have successfully demonstrated an ability to do a job under temporary appointment, for a period of five (5) months prior to their appointment to probationary status in the classified service; and

(3) Meet minimum qualification standards for the class of positions.
R.I. Gen. Laws § 36-8-1 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-1
§ 36-8-1. Definition of terms.
Status: in_force

The following words and phrases as used in chapters 8 to 10 of this title unless a different meaning is plainly required by the context, shall have the following meanings:

(1) Accumulated contributions shall mean the sum of all the amounts deducted from the compensation of a member and credited to their individual pension account.

(2) Active member shall mean any employee of the state of Rhode Island as defined in this section for whom the retirement system is currently receiving regular contributions pursuant to §§ 36-10-1 and 36-10-1.1.

(3) Actuarial equivalent shall mean an allowance or benefit of equal value to any other allowance or benefit when computed upon the basis of the actuarial tables in use by the system.

(4) Annuity reserve shall mean the present value of all payments to be made on account of any annuity, benefit, or retirement allowance granted under the provisions of chapter 10 of this title computed upon the basis of such mortality tables as shall be adopted from time to time by the retirement board with regular interest.

(5)(a) Average compensation for members eligible to retire as of September 30, 2009, shall mean the average of the highest three (3) consecutive years of compensation, within the total service when the average compensation was the highest. For members eligible to retire on or after October 1, 2009, Average compensation shall mean the average of the highest five (5) consecutive years of compensation within the total service when the average compensation was the highest.

(b) For members eligible to and who retire on or after July 1, 2024, average compensation means the average of the highest three (3) consecutive years of compensation within the total service when the average compensation was the highest.

(c) For members who become eligible to retire on or after July 1, 2012, if more than one-half (Â½) of the members total years of service consist of years of service during which the member devoted less than thirty (30) business hours per week to the service of the state, but the members average compensation consists of three (3) or more years during which the member devoted more than thirty (30) business hours per week to the service of the state, such members average compensation shall mean the average of the highest ten (10) consecutive years of compensation within the total service when the average compensation was the highest; provided however, effective July 1, 2015, if such members average compensation as defined in subsection (a) above is equal to or less than thirty-five thousand dollars ($35,000), such amount to be indexed annually in accordance with § 36-10-35(h)(1)(B), such members average compensation shall mean the greater of: (i) The average of the highest ten (10) consecutive years of compensation within the total service when the average compensation was the highest; or (ii) The members average compensation as defined in subsection (a) above. To protect a members accrued benefit on June 30, 2012, under this § 36-8-1(5)(c), in no event shall a members average compensation be lower than the members average compensation determined as of June 30, 2012.

(6) Beneficiary shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by chapter 10 of this title.

(7) Casual employee shall mean those persons hired for a temporary period, a period of emergency, or an occasional period.

(8) Compensation as used in chapters 8  10 of this title, chapters 16 and 17 of title 16, and chapter 21 of title 45 shall mean salary or wages earned and paid for the performance of duties for covered employment, including regular longevity or incentive plans approved by the board, but shall not include payments made for overtime or any other reason other than performance of duties, including but not limited to the types of payments listed below:

(i) Payments contingent on the employee having terminated or died;

(ii) Payments made at termination for unused sick leave, vacation leave, or compensatory time;

(iii) Payments contingent on the employee terminating employment at a specified time in the future to secure voluntary retirement or to secure release of an unexpired contract of employment;

(iv) Individual salary adjustments which are granted primarily in anticipation of the employees retirement;

(v) Additional payments for performing temporary or extra duties beyond the normal or regular work day or work year.

(9) Employee shall mean any officer or employee of the state of Rhode Island whose business time is devoted exclusively to the services of the state, but shall not include one whose duties are of a casual or seasonal nature. The retirement board shall determine who are employees within the meaning of this chapter. The governor of the state, the lieutenant governor, the secretary of state, the attorney general, the general treasurer, and the members of the general assembly, ex officio, shall not be deemed to be employees within the meaning of that term unless and until they elect to become members of the system as provided in § 36-9-6, but in no case shall it deem as an employee, for the purposes of this chapter, any individual who devotes less than twenty (20) business hours per week to the service of the state, and who receives less than the equivalent of minimum wage compensation on an hourly basis for their services, except as provided in § 36-9-24. Any commissioner of a municipal housing authority or any member of a part-time state, municipal, or local board, commission, committee, or other public authority shall not be deemed to be an employee within the meaning of this chapter.

(10) Full actuarial costs or full actuarial value shall mean the lump sum payable by a member claiming service credit for certain employment for which that payment is required which is determined according to the age of the member and the employees annual rate of compensation at the time the member applies for service credit and which is expressed as a rate percent of the employees annual rate of compensation to be multiplied by the number of years for which the member claims service credit as prescribed in a schedule adopted by the retirement board from time to time on the basis of computation by the actuary. Except as provided in §§ 16-16-7.1, 36-5-3, 36-9-31, 36-10-10.4, 45-21-53, 36-10-8, 45-21-29, 8-3-16(c), 8-8-10.1(c), 42-28-22.1(d), and 28-30-18.1(c):

(i) All service credit purchases requested after June 16, 2009, and prior to July 1, 2012, shall be at full actuarial value; and

(ii) All service credit purchases requested after June 30, 2012, shall be at full actuarial value which shall be determined using the systems assumed investment rate of return minus one percent (1%).

The rules applicable to a service credit purchase shall be the rules of the retirement system in effect at the time the purchase application is submitted to the retirement system.

(11) Funded ratio shall mean the ratio of the actuarial value of assets to the actuarial accrued liability consistent with the funding policy of the retirement board as defined in § 36-8-4.

(12) Inactive member shall mean a member who has withdrawn from service as an employee but who has not received a refund of contributions.

(13) Members shall mean any person included in the membership of the retirement system as provided in §§ 36-9-1  36-9-7.

(14) Prior service shall mean service as a member rendered before July 1, 1936, certified on the members prior service certificate and allowable as provided in § 36-9-28.

(15) Regular interest shall mean interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the retirement board.

(16) Retirement allowance shall mean annual payments for life made after retirement under and in accordance with chapters 8 to 10 of this title. All allowances shall be paid in equal monthly installments beginning as of the effective date thereof; provided, that a smaller pro rata amount may be paid for part of a month where separation from service occurs during the month in which the application was filed, and when the allowance ceases before the last day of the month.

(17) Retirement board or board shall mean the board provided in § 36-8-3 to administer the retirement system.

(18) Retirement system shall mean the employees retirement system of the state of Rhode Island as defined in § 36-8-2.

(19) Service shall mean service as an employee of the state of Rhode Island as described in subdivision (9) of this section.

(20) Social Security retirement age shall mean a members full retirement age as determined in accordance with the federal Old Age, Survivors and Disability Insurance Act, not to exceed age sixty-seven (67).

(21) Total service shall mean prior service as defined above, plus service rendered as a member on or after July 1, 1936.
R.I. Gen. Laws § 36-10-9.8 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-9.8
§ 36-10-9.8. Retirement on service allowance  State law enforcement professionals.
Status: in_force

(a) Effective January 1, 2025, notwithstanding any special law or general law, rule, or regulation to the contrary, state employees employed as deputy sheriffs, capitol police officers, environmental police officers, juvenile program workers, shift coordinators, firefighters, crew chiefs, assistant chiefs, fire investigators, fire safety inspectors, fire safety training officers, explosives and flammable liquids technicians, and campus police officers employed by the state of Rhode Island shall be entitled to the benefits provided by §§ 45-21.2-5, 45-21.2-6, 45-21.2-10, 45-21.2-11, 45-21.2-12, and 45-21.2-13.

(b) For members identified in subsection (a) of this section, service credits earned prior to January 1, 2025, shall be determined by the laws in effect on December 31, 2024.
R.I. Gen. Laws § 36-4-29 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-29
§ 36-4-29. Restoration to former position of promotional appointees dismissed during probation.
Status: in_force

Any promotional appointee who is dismissed from the position to which he or she was promoted during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for his or her continuance in the position shall be restored to the position from which he or she was promoted even though it should be necessary to lay off a person holding his or her former position.
R.I. Gen. Laws § 36-12-3 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-3
§ 36-12-3. Deductions from pay.
Status: in_force

Payments for hospital care and surgical-medical services, rights, and benefits of dependents of employees may be deducted from the state payroll as provided in §§ 36-6-12 and 36-6-13. Payments for surgical-medical services, rights, and benefits of all persons in the service of the state, other than employees, as defined in § 36-12-1(2), whether employed, appointed, or elected, and the dependents of persons may also be deducted from the state payroll as provided in §§ 36-6-12 and 36-6-13.
R.I. Gen. Laws § 36-12-12 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-12
§ 36-12-12. Termination of insurance.
Status: in_force

Each contract of insurance purchased under §§ 36-12-6  36-12-14 shall contain a provision, in terms approved by the director, to the effect that any insurance thereunder on any employee shall cease upon the termination of his or her employment subject to a provision which shall be contained in the contract of insurance for temporary extension of coverage under conditions approved by the director and for conversion to an individual policy of life insurance for the employee, except that the director may by appropriate general regulation provide that an employee who retires, under the provisions of any retirement system of the state of Rhode Island, with the exception of that provided in § 42-28-22, shall have his or her life insurance only, in effect at the time of retirement, continue in the amounts for which he or she would have been insured from time to time had his or her salary payments continued at the same rate as on the date of cessation of employment.
R.I. Gen. Laws § 36-8-8.2 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-8.2
§ 36-8-8.2. Special pension benefits.
Status: repealed

(a) No law shall be enacted conferring special pension benefits upon any individual or group of individuals unless this section is specifically repealed.

(b) The retirement board shall take no administrative action conferring special benefits upon any individual or group of individuals.
R.I. Gen. Laws § 36-6-4 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-4
§ 36-6-4. Subordinates in state agencies.
Status: in_force

The director of a department or the head of any other agency of the state shall appoint such assistants and other subordinates as he or she may deem necessary within the amounts appropriated therefor and shall fix their respective salaries.
R.I. Gen. Laws § 36-9-2.1 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-2.1
§ 36-9-2.1. Membership in other retirement systems.
Status: in_force

(a) An employee who is a member of the retirement system may be a member of the retirement system of any union provided the union retirement plan is covered by the Employee Retirement Income Security Act of 1974 (ERISA) [29 U.S.C. § 1001 et seq.] and is tax qualified pursuant to the internal revenue service, and remain eligible to participate and receive benefits as provided in chapters 8 through 10 of this title.

(b) Participants in a union retirement system shall not receive a greater wage or benefit increase then that granted other state employees covered by a collective bargaining clause.
R.I. Gen. Laws § 36-9-20 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-20
§ 36-9-20. Credit for service as a teacher, municipal employee, or legislator.
Status: in_force

(a) Any state employee who shall have rendered service as a teacher as defined under the provisions of chapters 16 and 17 of title 16 shall be entitled to credit for that service for the various purposes of this system, provided the member shall have been a contributing member of this system for that period. Any state employee who shall have been a contributing member of the municipal system as defined under the provisions of chapter 21 of title 45 shall be given credit for that service for the various purposes of this system, provided the members contributions are transferred to this system. All contributions made by the member shall be transferred in toto to this system for the periods of service and the retirement system shall calculate the full actuarial value of the accrued benefit with the former employer. If the full actuarial value of the accrued benefit with the former employer is greater than the total employee contributions transferred, the retirement system shall also transfer the difference between the full actuarial value of the accrued benefit with the former employer and the employees contributions from the account of the former employer to the account of the current employer. In any case in which a member shall have received a refund or refunds of contributions made to the system, the allowance of the aforesaid credit for service shall be conditioned upon the payment of the full actuarial cost as defined in § 36-8-1(10). Any service as defined herein for which no contributions were made may be granted provided the member pays to the retirement system the full actuarial cost as defined in § 36-8-1(10). Any state employee or teacher as defined under the provisions of chapters 16 and 17 of title 16 who shall have been employed by a municipality that did not elect to accept chapter 21 of title 45 as provided in § 45-21-4 shall be given credit for that service for the various purposes of this system, provided that the employee shall have met the definitional requirements of employee as stated in § 45-21-2(7) and provided the member pays to the retirement system an amount equal to the full actuarial value of the credit as certified by the retirement board; provided, however, that any state employee who shall have been employed by a municipality that did not elect to accept chapter 21 of title 45 as provided in § 45-21-4 shall be given credit for that service for the various purposes of this system, to a maximum period of four (4) years, provided the member pays to the retirement system the full actuarial cost as defined in § 36-8-1(10). Nothing in this section shall be deemed to allow the purchase of four (4) years of service for credit in more than one retirement system.

(b) Any member who shall have rendered service both as a state employee under § 36-10-9, and service under § 36-10-9.2(a), shall be eligible to elect to combine the members service under § 36-10-9.2(a) and service under § 36-10-9 to determine the members retirement eligibility date under § 36-10-9. 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.

(c) The retirement board shall fix and determine rules and regulations to govern the provisions of this section.
R.I. Gen. Laws § 36-14-10.1 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-10.1
§ 36-14-10.1. Continuing ethics education.
Status: in_force

The commission shall periodically provide a continuing education program on the Rhode Island code of ethics and related laws for major state decision-makers. The program shall be provided at least twice annually and shall consist of continuing education units as established by commission rule and which may be offered through an interactive web-based format. The commission shall provide participants with certificates showing the date and number of continuing education units completed.
R.I. Gen. Laws § 36-13-4 — RI Code / Title 36 / Chapter 36-13 / Section 36-13-4
§ 36-13-4. Employee defined.
Status: in_force

For the purposes of this chapter, employee means any person, whether appointed, elected or under contract, providing services for the state, county, city, town, or other political subdivision, for which compensation is paid.
R.I. Gen. Laws § 36-12-13 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-13
§ 36-12-13. Regulations and effective date of insurance.
Status: in_force

Subject to the provisions of §§ 36-12-6  36-12-14, the director is hereby authorized to promulgate such rules and regulations as may be necessary and proper to give effect to the intent and purposes of §§ 36-12-6  36-12-14, and without limiting the generality of the foregoing, to establish an effective date or dates for the insurance coverage provided hereunder.
R.I. Gen. Laws § 36-7-27 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-27
§ 36-7-27. Duties of general treasurer.
Status: in_force

The general treasurer of the state shall represent the state in any and all matters arising during the operation of §§ 36-7-1  36-7-31 and § 36-7-35 and in any agreements with the secretary relative to the administration of the provisions of this chapter. The general treasurer shall issue a directive explanatory of the method by which any city, town, or agency of the state may provide coverage for its employees, specifying the conditions and limitations of the federal legislation governing that coverage. He or she shall request the cities, towns, and agencies of the state to prepare reports in such form as the secretary may prescribe and to comply with any regulations as the secretary may promulgate for the proper and effective operation of this agreement. The duties of the general treasurer with respect to the operation of this agreement shall be ministerial only and shall in no way obligate the state or create any added responsibilities or obligations beyond the terms and conditions of §§ 36-7-1  36-7-31 and § 36-7-35.
R.I. Gen. Laws § 36-5-2 — RI Code / Title 36 / Chapter 36-5 / Section 36-5-2
§ 36-5-2. Rights of employees entering service after both classified and unclassified service.
Status: in_force

Every employee holding a position in the classified service of the state, on or after August 8, 1940, who has left or shall leave that position by reason of entering the armed forces of the United States (whether through membership in the reserve of the United States military, air, or naval forces or in the Rhode Island national guard or naval reserve, or by reason of enlistment, induction, commission, or otherwise) and who has held a position in the classified service for less than one hundred eighty (180) days, but who has also held a position in the unclassified service, so that the cumulative service, both classified and unclassified, aggregates one hundred eighty (180) or more calendar days within the twelve (12) months next preceding entrance into the armed forces, is entitled to and is hereby granted the same rights of leave, payment of salary, accrual of sick leave and annual leave, and of return to his or her position under the same conditions as an employee whose entire one hundred eighty (180) days or more are or were in the classified service.
R.I. Gen. Laws § 36-7-33.1 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-33.1
§ 36-7-33.1. FICA Alternative Retirement Income Security Program.
Status: in_force

(a) For FARP eligible employees, the state shall establish the FICA Alternative Retirement Income Security Program. The FARP shall be administered in accordance with the following provisions:

(1) IRC compliance. The FARP shall be administered as a defined contribution plan under section 401(a) of the IRC, and shall provide retirement benefits as required under section 3121(b)(7)(F) of the IRC.

(2) Employee participation in the FARP One-Time Opt-Out Exception. With the one exception described in (b) below, FARP-eligible employee participation in the FARP shall be mandatory. Each participant shall make mandatory payroll deduction contributions to the FARP equal to a minimum of seven and five tenths percent (7.5%) of the employees gross wages for each pay period. Any payroll deduction contributions made pursuant to the FARP shall not be included in the computation of federal income taxes withheld on behalf of any participant. Once implemented, the participants, and the state on behalf of the participants, shall not continue to make FICA contributions. The FARP shall be administered by the financial institution currently administering the 401(a) plan for the state employee retirement plan, as described in Title 36 Chapter 10.3.

(b) An otherwise FARP-eligible employee, who is employed by the state at the time this section takes effect, may opt to not participate in the FARP. An employee who opts to not participate in the FARP will continue to make FICA contributions and the state shall continue to make FICA contributions on behalf of the employee. An employee who opts to not participate in the FARP may subsequently, without penalty, choose to participate in the FARP; provided, however, such employee must continue to participate in the FARP for as long as he or she is a FARP-eligible employee.

(c) Review by state investment commission. The state investment commission shall, from time to time, review and evaluate the reasonableness of the selected financial institutions fees and the performance of the selected financial institutions funds.
R.I. Gen. Laws § 36-7-14 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-14
§ 36-7-14. Authorization of referendum.
Status: in_force

The referendum shall be authorized as of the date fixed by the governor. The governor shall designate the commission, provided for in § 36-7-13, to supervise the conduct of the referendum in accordance with the requirements of said § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3).
R.I. Gen. Laws § 36-7-16 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-16
§ 36-7-16. Eligibility to vote in referendum.
Status: in_force

Only eligible employees as defined in § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3), as amended, shall be eligible to vote in the referendum. Persons who have retired and who are in receipt of payment from the retirement system shall be ineligible to vote.
R.I. Gen. Laws § 36-1-10 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-10
§ 36-1-10. Vacancies in offices filled by governor or grand committee.
Status: in_force

Whenever any officer elected by the grand committee or appointed by the governor, with the advice and consent of the senate, shall die or shall resign his or her office during a session of the general assembly to take effect immediately or at some later date, before the next meeting of the general assembly or whenever during the session of the general assembly there shall occur from any cause a vacancy in that office, the vacancy then occurring or which shall occur upon the taking effect of that resignation may be filled at that session for the unexpired term of that office in the manner provided by law for the election or appointment of that officer for a full term.
R.I. Gen. Laws § 36-9-20.5 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-20.5
§ 36-9-20.5. Purchase of service credit  Inactive status.
Status: in_force

Notwithstanding any general or public law to the contrary, any state employee or teacher participating in the employees retirement system who is on workers compensation may purchase up to four (4) years of service credit for time currently permitted to be purchased under law without the necessity of returning to active status as an employee. The member shall pay to the system the full actuarial cost as defined in subsection 36-8-1(9), except as provided in § 36-9-31 for military service credit.
R.I. Gen. Laws § 36-10-35.1 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-35.1
§ 36-10-35.1. One time adjustment to original retirement allowances.
Status: in_force

(a) All state employees and the beneficiaries of state employees who retired during calendar year 1979 shall receive an additional eight percent (8%) to their original retirement allowances.

(b) All state employees and the beneficiaries of state employees who retired during calendar year 1979 shall receive an additional two percent (2%) added to the base eight percent (8%) paid to the 1979 retirees. Provided, further, that an additional two percent (2%) of the retirement allowance shall be paid for each year to a maximum of twenty percent (20%) to those retirees and beneficiaries who retired in calendar year 1973, and prior to 1973, as indicated in the following schedule:

(c) The additional percentage shall be incorporated into the recipients monthly benefit starting with the payment due on or after July 31, 1986. Provided further, that the new 1986 pro rated payment shall be the base for any subsequent cost of living adjustment payments.

(d) The provisions of §§45-13-7  45-13-10 shall not apply to this section.
R.I. Gen. Laws § 36-3-16 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-16
§ 36-3-16. Authority to conduct state and national background checks for applicants and employees in state positions with access to federal tax information.
Status: in_force

(a) Definitions. As used in this section, the following terms are hereby defined as follows:

(1) Access, shall mean the direct use, contact, handling or viewing of federal tax information, as defined herein, in paper or electronic form, regardless of the frequency, likelihood or extent of such access.

(2) Agency or state agency, shall mean a Rhode Island state agency within the executive branch.

(3) Agency head, shall mean the director or designee of a state agency holding the position with access (as defined herein).

(4) Applicant for employment, shall mean an individual who has applied for or may be offered employment, transfer or promotional opportunities with a state agency, including employment as a full-time or part-time employee, intern, temporary or seasonal employee, or volunteer, in a position with access (as defined herein).

(5) Current agency employee, shall mean a full-time or part-time state employee, intern, temporary or seasonal employee or volunteer in a position with access (as defined herein).

(6) Federal tax information or FTI shall mean:

(i) Federal tax returns or information created or derived from federal tax returns that is in an agencys possession or control, which is covered by the confidentiality protections of the Internal Revenue Code and subject to 26 U.S.C. § 6103(p)(4) safeguarding requirements, including oversight by the Internal Revenue Service (IRS); and received directly from the IRS or obtained through an authorized secondary source, such as the Social Security Administration (SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), Centers for Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS pursuant to an Internal Revenue Code (IRC) 6103(p)(2)(B) agreement; and

(ii) FTI shall expressly not include federal tax returns or information created or derived from federal tax returns received from taxpayers or other third-parties.

(7) Law enforcement authorized agency shall mean a government entity authorized to conduct national background checks using the federal bureau of investigations fingerprinting national background check system.

(b) The personnel administrator or designee shall require to be obtained a state and national fingerprint-based criminal background check initially and at least every ten years, as authorized by Public Law 92-544, to determine the suitability of an applicant for employment prior to hiring or a current agency employee, if the position applied for or held requires or includes access to FTI.

(c) An applicant for employment or current agency employee who refuses to comply with the fingerprint-based background check requirements shall be considered unsuitable for serving in a position requiring or involving, or which may require or involve, access to FTI.

(d) The national fingerprint-based criminal background check shall be facilitated through the office of the attorney general or another law enforcement authorized agency and forwarded to the federal bureau of investigation for a national criminal history check, according to the policies, procedures, and/or regulations established by the office of the attorney general or another law enforcement authorized agency.

(1) For current agency employees, the agency shall pay the applicable fee charged through the office attorney general or other law enforcement authorized agency to conduct state and national background checks. However, applicants for employment shall be required to pay the fee charged through the office attorney general or other law enforcement authorized agency.

(2) Fingerprint submissions may be retained by the Federal Bureau of Investigation and the office of the attorney general or other law enforcement authorized agency to assist the personnel administrator authorized pursuant to this section to ensure the continued suitability of an applicant for employment or a current agency employee for access to FTI.

(3) The office of the attorney general or other law enforcement authorized agency may disseminate the results of the state and national criminal background checks to the personnel administrator or designee of the personnel administrator.

(4) Notwithstanding any law to the contrary, solely for the purposes of this chapter, the personnel administrator, agency head and authorized staff of an agency may receive criminal offender record information to the extent required by federal law and the results of checks of national criminal history information databases under Public Law 92-544.

(5) Upon receipt of the results of state and national criminal background checks, the personnel administrator, agency head and other authorized staff shall treat the information as non-public and exempt from disclosure in accordance with the Rhode Island access to public records act, § 38-2-2(4)(A)(I)(b). Information acquired by any agency in the background check process pursuant to this section shall be used solely for the purposes of making a determination as to the suitability of a particular current employee or applicant for employment for and assignment to duties in a position that requires or includes, or may require or include, access to FTI.

(e) If the office of the attorney general or other law enforcement authorized agency receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the office of the attorney general or other law enforcement authorized agency shall notify the personnel administrator and the subject person. The applicant for employment or the current agency employee shall be responsible for resolving any issues in other jurisdictions causing an incomplete background check. Within fifteen (15) business days from being notified, the applicant for employment or current agency employee must resolve any incomplete background check. For the purposes of this chapter, the personnel administrator, in his or her sole discretion, may extend the amount of time to resolve an incomplete report. Once resolved, the applicants suitability for employment in a position requiring or involving, or which may require or involve, access to FTI shall be determined in accordance with subsection (f).

(1) In the event that an applicant for employment fails to resolve an issue with an incomplete background check by the deadline stated herein, the person shall no longer be considered for employment to the position with access.

(2) In the event that a current agency employee fails to resolve an issue with an incomplete background check by the deadline provided herein, along with any extension, the employee may be terminated or discharged from employment; provided, however, that a current agency employee may be placed on administrative leave or reassigned to a position that does not require access to FTI if that position is available and subject to the business needs of the agency at the discretion of the personnel administrator and agency head. Any such employment action shall be subject to the same appeal or grievance procedures as normally authorized.

(f) The personnel administrator or designee shall review the results to determine the suitability of the applicant for employment or current agency employee, based on criteria established through regulation, to serve in a position requiring or involving, or which may require or involve, access to FTI. In making such a determination of suitability, the personnel administrator or designee may consult with the agency head and consider mitigating factors relevant to the current agency employees employment and the nature of any disqualifying offense.

(1) In the event that an applicant for employment receives a final determination that the person is unsuitable, the person shall no longer be considered for employment into a position with access.

(2) A current employee may appeal a determination of unsuitability to the personnel administrator. While the appeal is pending, the employee may be placed on administrative leave in the discretion of the personnel administrator. A final determination of unsuitability after appeal may result in termination or discharge from employment; provided, however, that subject to the discretion of the personnel administrator and the agency head, a current agency employee may be reassigned to a position that does not require access to FTI if that position is available and subject to the business needs of the agency. Any such employment action shall be subject to further appeal or grievance procedures as normally authorized.

(g) Nothing in this section shall limit or preclude an agencys right to carry on a background investigation of an applicant for employment or a current agency employee using other authorized means.

(h) The Department of Administration is hereby authorized to promulgate and adopt regulations necessary to carry out this section.

(i) The judicial branch is hereby authorized to comply with the provisions herein related to employees with access to FTI.
R.I. Gen. Laws § 36-14-9 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-9
§ 36-14-9. Administrative powers of the commission.
Status: in_force

(a) The commission is hereby empowered to:

(1) Engage the services of an executive director and of other legal, secretarial, and investigative employees, who shall be bound by the prohibitions contained in § 36-14-8(f), and to make such other expenditures as are necessary for the effective performance of its functions;

(2) Separately retain the services of independent legal counsel who shall be bound by the prohibitions contained in § 36-14-8(f) and who shall remain independent of the executive director and other commission employees;

(3) Prescribe and publish, after notice and public hearings, rules and regulations to carry out the provisions of this chapter;

(4) Prescribe forms for statements and reports required to be filed by this chapter and furnish the forms to persons required to file statements and reports;

(5) Prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required to file statements and reports by this chapter;

(6) Accept and file any information voluntarily supplied that exceeds the requirements of this chapter;

(7) Compile and maintain an index of all reports and statements filed with the commission to facilitate public access to the reports and statements;

(8) Prepare and publish quarterly and annually summaries of statements and reports filed with the commission;

(9) Review all statements and reports filed with the commission in order to ascertain whether any person has failed to file a required statement or has filed a deficient statement;

(10) Preserve statements and reports filed with the commission for a period of five (5) years from date of receipt;

(11) Prepare and publish special reports and technical studies to further the purposes of this chapter;

(12) Prepare and publish, prior to April 1 of each year, an annual report summarizing the activities of the commission, including, but not limited to, the:

(i) Number of disclosure statements filed;

(ii) Subjects of advisory opinions requested and issued;

(iii) Number of complaints filed, investigated and/or adjudicated;

(13) Have a seal and the members, executive director, and assistant clerks thereof shall have authority and power to administer oaths and affirmations;

(14) Educate public officials, employees, and citizens on ethical standards as embodied in the code of ethics by holding regular workshops, seminars, and the like, focusing on the specifics of the code of ethics and compliance therewith;

(15) Create publications to explain the ethical conduct expected of officials and employees.

(b) The rulemaking power conferred by subsection (a)(3) of this section shall be subject to, and shall be exercised in conformity with, §§ 42-35-2  42-35-7.

(c) Unless specifically prohibited, the commission shall make statements and reports filed with the commission available for public inspection and copying during regular office hours and make copying facilities available at a charge not to exceed actual cost.
R.I. Gen. Laws § 36-16-2 — RI Code / Title 36 / Chapter 36-16 / Section 36-16-2
§ 36-16-2. Void contracts.
Status: in_force

Any contract or other agreement which is made contrary to or in violation of the provisions of § 36-16-1 shall be null and void and have no force or effect.
R.I. Gen. Laws § 36-14-14 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-14
§ 36-14-14. Removal powers of the commission.
Status: in_force

(a) The commission is hereby empowered to remove from office any state or municipal elected official or any state or municipal appointed official not subject to impeachment in accordance with the provisions of subsections (b) through (d) of this section.

(b) Any state or municipal elected official and any state or municipal appointed official not subject to impeachment may be removed from office if:

(1) The commission has found, after an adjudicative hearing conducted in accordance with § 36-14-13, that the official has been guilty of a serious, knowing, and willful violation of § 36-14-5(c), 36-14-5(d), or 36-14-5(g); and

(2) The commission determines that the violation was committed by the violator either with (i) fraudulent intent to secure the unjust enrichment of him or herself or another person or (ii) malicious intent to inflict pecuniary or other substantial injury upon another person.

(c) If it determines that such a violation has been committed, it shall conduct a hearing at which the executive director of the commission or his or her designee and the respondent or his or her counsel shall be permitted to pursue additional evidence and arguments relevant to (i) the presence or absence of the specific intent required by subsection (b)(2) of this section as a prerequisite to removal of an official from office, and (ii) the presence or absence of aggravating or mitigating circumstances of which the commission should be aware in rendering its final decision.

(d) The removal power conferred by this section may be exercised only by the affirmative vote of two-thirds ( ) of the membership of the commission eligible to participate, but in no case fewer than five (5) affirmative votes.
R.I. Gen. Laws § 36-9-40 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-40
§ 36-9-40. Rhode Island airport corporation  Transferred employees  Bumping rights.
Status: in_force

In the event of an adverse employer initiated action by the Rhode Island airport corporation, transferred employees shall be entitled to exercise their bumping rights within the corporation to bump within other bargaining units within Council 94. An adverse employer initiated action is defined as a layoff, job abolishment, privatization, or subcontract of functions within the airport system.
R.I. Gen. Laws § 36-1-2.1 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-2.1
§ 36-1-2.1. Transition of general officers.
Status: in_force

All newly elected general officers of the state, prior to their engagement of office, shall be entitled to the following in regard to their assumption of state duties:

(1) Space being made available for the use of a transition staff;

(2) Adequate funds shall be provided by the outgoing general officer from the budget of that department for use to hire transition staff, obtain office supplies, and equipment;

(3) Access to the facilities of the office to which they have been elected at all reasonable regular business hours for purposes of inspections, and at after hour times, as requested, for all reasonable purposes;

(4) The cooperation of the outgoing administration, regarding consultation, budget information, personnel files, and information of personnel procedure, together with cooperation regarding any other reasonable request of the incoming administration; and

(5) A mandatory audit of all money and inventory of all property within the office, to be conducted by the department of administration.
R.I. Gen. Laws § 36-14-7 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-7
§ 36-14-7. Interest in conflict with discharge of duties.
Status: in_force

(a) A person subject to this code of ethics has an interest which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, if he or she has reason to believe or expect that he or she or any person within his or her family or any business associate, or any business by which the person is employed or which the person represents will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his or her official activity.

(b) A person subject to this code of ethics does not have an interest which is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed by the laws of this state, if any benefit or detriment accrues to him or her or any person within his or her family or any business associate, or any business by which the person is employed or which the person represents, as a member of a business, profession, occupation, or group, or of any significant and definable class of persons within the business, profession, occupation, or group, to no greater extent than any other similarly situated member of the business, profession, occupation, or group, or of the significant and definable class of persons within the business, profession, occupation or group.
R.I. Gen. Laws § 36-4-19 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-19
§ 36-4-19. Placement of names on employment lists  Listing of veterans.
Status: in_force

(a) The names of all persons attaining the minimum final earned rating established by the personnel administrator shall be placed upon the employment list in the order of their ratings; provided, however, that there shall be added to the final earned ratings of examinees who are veterans in competitive tests for entrance into the classified service, but not for promotion in the service, who receive at least the minimum required final earned rating as stated in the public notice, service credits amounting to five (5) points for veterans or service credits amounting to ten (10) points for disabled veterans. On all employment lists, the letter V shall be placed opposite the name of each veteran as defined in chapter 3 of this title, who, by reason of his or her final earned rating, is entitled to have his or her name placed on an employment list, and the letters DV shall be placed opposite the name of each disabled veteran, as defined in chapter 3 of this title, who, by reason of his or her final earned rating is entitled to have his or her name placed on the list.

(b) For the purposes of this section:

(1) War veteran means any veteran of any conflict war, undeclared war or contingency operation who has earned a campaign ribbon or expeditionary medal for his or her service, in these operations, as noted on acceptable military documentation. The war veteran must have been honorably or generally discharged from the armed forces of this nation.

(2) Veteran means a person who served on active duty for other than training for a period of more than thirty (30) days and was discharged or released there from with other than a dishonorable discharge; or was discharged or released from active duty because of a service-connected disability; or served as a member of the national guard or reserve forces and served a minimum of twenty (20) years of honorable service in the national guard or reserve forces, has received a certificate of retirement and has been honorably or generally discharged from the national guard or reserve forces.
R.I. Gen. Laws § 36-6-22 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-22
§ 36-6-22. Longevity payments.
Status: in_force

Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for officers, secretaries, and employees of the legislative branch, the judicial branch, the office of the governor, the office of the lieutenant governor, the department of state, the department of the attorney general, and the treasury department; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the employee shall continue to receive the same longevity percentage in effect on June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the same longevity percentage in effect on June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.
R.I. Gen. Laws § 36-4-26.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-26.1
§ 36-4-26.1. Supplemental certification in the civil service  Expanded certification for equal opportunity and affirmative action.
Status: in_force

(a) To eliminate the overall adverse impact of systemic barriers to the employment of minorities as a protected class, the office of personnel administration shall provide all appointing authorities the necessary flexibility to remedy the effects of systemic discriminatory practices. Supplemental certification does not guarantee employment of protected classes. It guarantees the appointing authority increased opportunities, where possible, to appoint qualified employees from an expanded eligibility list whenever a department can demonstrate that there is statistical underrepresentation based on demographic analysis, otherwise called a manifest imbalance elsewhere in this chapter.

(b) Wherever a manifest imbalance exists, as substantiated by the appointing authority and certified by the equal opportunity administrator in conjunction with the state personnel administrator, a supplemental certification list of minorities may be called for in addition to the appropriate employment or promotion list, except in the following instances:

(1) The absence of statistical data or reasonable evidence to show significant past discrimination, patterns of possible discrimination, and/or adverse impact on the protected classes;

(2) The presence of at least one minority ranked among the three (3) persons standing highest on the list of persons certified by the personnel administrator for the position in question;

(3) The absence of any minorities on the appropriate eligibility list; or

(4) Any instance in which the department or agency is subject to a contradictory or inconsistent court order.

(c) Supplemental certifications based on race or color as a protected class shall be made by an appointing authority whenever:

(1) The appointing authority shall make requisition to fill one or more positions included in the appointing authoritys affirmative action plan on file with the equal opportunity administrator;

(2) The equal opportunity administrator has made a written determination substantiating that previous practices of the department and/or of the appointing authority with respect to the filling of the position or positions have discriminated against minorities in contravention of any provision of the Constitution of the United States or the Constitution of Rhode Island, title VII of the federal Civil Rights Act of 1964 (42 U.S.C. § 2000e) or any other federal or state statute; and

(3) Eligible minorities have passed an examination for the classification being recruited and/or other list deemed appropriate by the personnel administrator.

(d) At least seven (7) days prior to certifying names under this section, the appointing authority shall post a notice of intention to do so in the offices of the personnel administrator and of the equal opportunity administrator, and shall mail a copy of the notice to the applicable union, if any, with instructions to post copies of the notice at all locations where persons whose names may be certified under the provisions of this section may, if employed, be assigned.

(e) In certifying names for appointment to a classification for which supplemental certification is required, the personnel administrator shall include upon the applicable list the names of six (6) persons certified pursuant to this section.
R.I. Gen. Laws § 36-4-26 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-26
§ 36-4-26. Certification and appointment to positions in classified service.
Status: in_force

If the appointing authority has designated the employment list, the personnel administrator shall immediately certify all of the names. If any of the eligibles notifies the personnel administrator or appointing authority that he or she is unavailable for appointment, or if the personnel administrator or the appointing authority is unable to contact them within five (5) business days, their name shall be removed from the list. The appointing authority shall appoint one of the persons in ranked standing order so certified to the position from the appropriate list, or in accordance with the special certification provided for in § 36-4-26.1. Nothing in this section precludes the personnel administrator or appointing authority from contacting multiple eligibles at the same time when there are multiple vacancies to fill. If he or she has designated the promotional list, certification shall be made in the manner prescribed for the employment list. If he or she has designated the reemployment list, the names of all available eligibles on the list shall be certified to him or her for appointment. He or she may choose from any of the names so certified. If there are as many as three (3) available eligibles certified from an employment list, a promotion list, or a reemployment list, the appointing authority shall make an appointment from one of these lists. If there are less than three (3) available eligibles certified from any of these lists, the appointing authority may choose to appoint one of the persons so certified. If the appointing authority decides not to make an appointment from any of the names so certified when there are less than three (3) available eligibles, the personnel administrator shall certify the names of three (3) available eligibles from any list which he or she shall declare to be appropriate and the appointing authority shall appoint one of the persons so certified. If there are less than three (3) available eligibles certified from an appropriate list, the appointing authority may elect to appoint one of the names so certified or may make a temporary appointment of some other person as hereinafter provided.
R.I. Gen. Laws § 36-3-8 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-8
§ 36-3-8. Organization and meetings of board  Compensation of members.
Status: in_force

The board shall elect one of its members chairperson. Each member shall take the oath of office before entering upon the duties of the office. Members of the board shall be reimbursed for necessary travel and other expenses and each member of the board shall be paid an annual salary of seven thousand two hundred dollars ($7,200). The board shall meet at times and places as shall be specified by call of the chairperson or the governor. Notice of each meeting shall be given in writing to each member. Three (3) members shall constitute a quorum for the transaction of business.
R.I. Gen. Laws § 36-14-19 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-19
§ 36-14-19. Penalties.
Status: in_force

Any person who knowingly and willfully violates the provisions of this chapter shall, in addition to the civil penalties provided herein, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) and/or imprisonment for no longer than one year.
R.I. Gen. Laws § 36-9-44 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-44
§ 36-9-44. Narragansett Bay Water Quality Management District Commission  Transferred employees.
Status: in_force

(a) Definitions.  For the purposes of this section:

(1) Commission means the Narragansett Bay Water Quality Management District Commission, a public corporation of the state of Rhode Island.

(2) Employee contribution accumulation means an amount equal to the total member contributions of the transferred employees which were picked up and paid by the commission to the trust maintained by the commission to receive such contributions during the interim period plus actual earnings on such contributions. The employee contribution accumulation attributable to each transferred employee shall be treated as such employees accumulated contributions for purposes of chapters 9 and 20 of this title.

(3) Employer contribution accumulation means an amount equal to the required contributions applicable to the interim period.

(4) Interim period means the period from the transfer date to the date that the requirement of subsection (c) is satisfied.

(5) Required contribution means the amount or amounts required to be contributed to the retirement system by the commission in addition to the member contributions of the transferred employees in order to fund the benefits attributable to the transferred employees earned after the transfer date in accordance with the provisions of this section. The amount of the required contribution for any relevant period following the transfer date shall be an amount determined by multiplying the rate percent established in accordance with § 36-10-2 for the period by the compensation paid by the commission to the transferred employees during such period. The commission shall make its required contribution, other than the required contribution for the interim period, in bi-weekly installments, each to be made within three (3) business days following the pay day. The required contribution applicable to the interim period shall be made in accordance with the provisions of section (c) of this chapter.

(6) Transfer date means the effective date of this section.

(7) Transferred employee means any individual who was an employee of the commission on the date immediately preceding the transfer date, was an active member of the retirement system on the date immediately preceding the transfer date and who, from and after the transfer date, is an employee of the commission who is continuously a collectively bargained employee (within the meaning of the regulations issued under § 410(b)(3)(a) of the Internal Revenue Code [26 U.S.C. § 410(b)(3)(a)]).

(b) Subject to subsections (c), (d) and (e) of this section, the period of service of any transferred employee with the commission after the transfer date shall be treated as service as an employee of the state of Rhode Island for purposes of chapters 8, 9 and 10 of this title.

(c) The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section, the commission transfers, or causes to have transferred from a trustee or other custodian, to the retirement system, an amount equal to the sum of the employee contribution accumulation and the employer contribution accumulation.

(d) Notwithstanding the foregoing, any individual who is a transferred employee shall not be treated as an employee of the state of Rhode Island under subsection (b) for any period of employment during which he or she elects to participate in any other retirement income benefit funded by the commission under a retirement plan sponsored by the commission and intended to qualify under § 401(a) or § 408(k) [26 U.S.C. § 401(a) or § 408(k)] of the United States Internal Revenue Code.

(e) Provided the requirement of subsection (c) of this section is satisfied:

(1) Any retirement or death benefit provided to or on behalf of a transferred employee during the interim period by the commission, or a trust established and maintained by the commission shall be considered provided by the retirement system and the amount of benefit paid by the commission or the trustee, shall reduce the amount required to be transferred to the retirement system under subsection (c) of this section.

(2) Subsection (b) shall continue to apply after the date of transfer specified in subsection (c) with respect to the period for which the commission thereafter makes its required contribution to the retirement system. In the event that the commission ceases to make its required contribution, the transferred employees shall be considered inactive members of the retirement system as of the date of such cessation.

(3) The member contributions of the transferred employees shall be considered picked up and paid by the commission to the retirement system after the interim period pursuant to the provisions of § 414(h)(2) [26 U.S.C. § 414(h)(2)] of the United States Internal Revenue Code. The contributions so picked up shall be treated as employer contributions in determining the tax treatment under the United States Internal Revenue Code, and shall not be included as gross income of the transferred employee until such time as they are distributed.

(4) All employees (whether or not employed on the transfer date) who are members of a collective bargaining unit that, on the transfer date, had members who were contributing members of the employees retirement system shall be contributing members of the employees retirement system if so provided by a collective bargaining agreement.
R.I. Gen. Laws § 36-7-11 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-11
§ 36-7-11. Request for referendum of state retirement system members.
Status: in_force

With respect to employees of the state as defined in § 36-7-2(1)(i) and (1)(ii), the retirement board, as defined in § 36-7-2(9), may request the governor to authorize a referendum to be conducted pursuant to § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3), as amended, on the question of whether service in positions covered by the state retirement system shall be excluded from or included under an agreement under this chapter.
R.I. Gen. Laws § 36-13-5 — RI Code / Title 36 / Chapter 36-13 / Section 36-13-5
§ 36-13-5. Annuity and insurance contracts.
Status: in_force

Notwithstanding any other provision of law to the contrary, those persons designated to administer the deferred compensation program are hereby authorized to make payments for the purchase of government securities, mutual funds, fixed or variable life insurance, or annuity contracts under the deferred compensation program. The payments shall not be construed to be a prohibited use of the general assets of the state, county, city, or other political subdivision.
R.I. Gen. Laws § 36-9-38 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-38
§ 36-9-38. Purchase of credits for continuous state service.
Status: in_force

Notwithstanding any other provision of the retirement laws of this state, any active member of the employees retirement system who was 60 years of age or greater when his or her employment commenced, and commenced employment before June 22, 1989, and was ineligible by state law from joining the retirement system shall be allowed to purchase service credits for actual past employment. The number of years for which credits may be purchased shall be limited to the difference between the date upon which they commenced employment at 60 years of age or greater and June 22, 1989, when they were required by law to join the retirement system. Purchase of the past service credits shall be at the rate that contributions would have been calculated at the time of past service, plus interest.
R.I. Gen. Laws § 36-4-17.2 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-17.2
§ 36-4-17.2. Future longevity payments.
Status: in_force

Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for state employees; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the employee shall continue to receive the same longevity percentage in effect on June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the same longevity percentage in effect on June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.
R.I. Gen. Laws § 36-4-43 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-43
§ 36-4-43. Conditions of service.
Status: in_force

Conditions of service such as hours of work, attendance regulation, overtime, holidays, pay plan regulation, and leave regulation shall be prescribed by the personnel rules.
R.I. Gen. Laws § 36-7-34 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-34
§ 36-7-34. Positions covered by more than one system.
Status: in_force

No provision of this chapter shall prevent coverage under the Social Security Act in accordance with § 218(d)(8), 42 U.S.C. § 418(d)(8), of the act of services of individuals in positions covered by more than one retirement system.
R.I. Gen. Laws § 36-4-64 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-64
§ 36-4-64. Sick leave  Workers compensation.
Status: in_force

(a) Whenever an employee shall be absent from his or her duties and is awaiting workers compensation benefits, he or she shall be granted sick leave in an amount not to exceed his or her regular compensation.

(b) Whenever an employee shall be absent from his or her duties and is receiving compensation as provided in the workers compensation laws, he or she shall be granted sick leave so that the total of his or her compensation as provided in the workers compensation laws and his or her deductions from sick leave shall not exceed eighty three and three tenths percent (83.3%) of his or her regular compensation. Deductions from accumulated credits shall be applied only to that part of his or her salary which is paid as an addition to workers compensation payments. Annual leave credits may be applied in the same manner. When the absence shall not be covered by sick leave or annual leave it shall be deemed to be leave without pay.
R.I. Gen. Laws § 36-10-10.3 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-10.3
§ 36-10-10.3. Social security supplemental option.
Status: in_force

(a) In lieu of the lifetime service retirement allowance, a vested member who has completed at least ten (10) years of contributory service on or before July 1, 2005 who retires in accordance with §§ 16-16-12, 36-10-9 and 36-10-9.2 may choose an optional form of retirement benefit known as the social security supplemental option.

(b) This option provides for the payment of a larger benefit before the attainment of age sixty-two (62) and a reduced amount thereafter. The reduced amount shall be equal to the benefit before age sixty-two (62), including cost of living increases, minus the members estimated social security benefit payable at age sixty-two (62). Under this option the benefits payable before and after the attainment of age sixty-two (62) will be actuarially determined to be equivalent to the lifetime service retirement allowance as determined in § 36-10-10.

(c) Election of this supplemental option shall be applicable only to those who elect the service retirement allowance determined in accordance with Schedule A as provided by § 36-10-10.
R.I. Gen. Laws § 36-10-3 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-3
§ 36-10-3. Credits to individuals in annuity savings account.
Status: in_force

All contributions made by members and interest thereon to July 1, 1947, shall be credited to the individual members accounts in the annuity savings account. Effective July 1, 1947, the amount of accumulated contributions in the accounts of the members of the system which have been credited to the annuity savings fund shall be transferred to the annuity savings account and maintained in that account to the credit of the individual members. Effective July 1, 1965, the accumulated contributions of any inactive member who has been separated from service for five (5) years or more whose total service is less than ten (10) years shall be transferred from the annuity savings account to the contingent reserve for state employees or teacher members as the case may be. These funds will be held in escrow and should any member reenter service and again become a member, his or her previous contributions shall be revived and reinstated to his or her account for all purposes of this system. A member will still be eligible for a refund of these contributions upon application by him or her or his or her heirs at any time. Member contributions made pursuant to § 36-10-1.1 or 16-16-22.1 pursuant to a plan for the employer pick up of employee contributions shall be credited to a separate fund within an individual members account in the annuity savings account so that the amounts contributed prior to the effective date for the pick up of employee contributions may be distinguished from the amounts contributed on or after the date of which the governmental employer begins to pick up the employee contributions required by law.
R.I. Gen. Laws § 36-12-8 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-8
§ 36-12-8. Provisions of insurance contract.
Status: in_force

(a) The director is hereby authorized and directed to establish a life insurance plan for employees of the state as herein provided, which, subject to the conditions and limitations contained in §§36-12-6  36-12-14, and in the regulations promulgated pursuant to the authority vested in him or her by §§36-12-6  36-12-14, will provide for each participating employee group life insurance equal to the amount of his or her annual compensation, taken to the next higher multiple of one thousand dollars ($1,000), plus an equal amount of group accidental death insurance with dismemberment coverage as provided herein.

(b) In addition to the benefits provided hereinbefore and subject to the conditions and limitations of the policy or policies purchased by the director, the policy or policies shall provide payments as follows:

(c) For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid shall not exceed the amount of life insurance provided by §§36-12-6  36-12-14.

(d) The director shall by regulation provide for the conversion of other than annual rates of compensation to an annual basis and shall further specify the types of compensation to be included in annual compensation.

(e) The amount of insurance shall be reduced by one percent (1%) thereof at the end of each calendar month following the date the employee attains the age of sixty-five (65), until the amount of the insurance reaches forty percent (40%) of the annual salary at age seventy (70). The amount of insurance shall remain at forty percent (40%) of the annual salary thereafter until the active employee reaches age seventy-four (74), at which point it shall be reduced to thirty percent (30%) of the annual salary until age eighty (80), at which point it shall be reduced to twenty-five percent (25%) of the annual salary and it shall remain at twenty-five percent (25%) thereafter.
R.I. Gen. Laws § 36-3-10.1 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-10.1
§ 36-3-10.1. Powers of subpoena.
Status: in_force

The appeal board is hereby authorized to require the attendance of witnesses by subpoena and to acquire the production of books, papers, and documents at any hearing pursuant to § 36-3-10.
R.I. Gen. Laws § 36-14-6 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-6
§ 36-14-6. Statement of conflict of interest.
Status: in_force

Any person subject to this code of ethics who, in the discharge of his or her official duties, is or may be required to take an action, make a decision, or refrain therefrom that will or can reasonably be expected to directly result in an economic benefit to the person, or spouse (if not estranged), or any dependent child of the person, or business associate or any business by which the person is employed or which the person represents, shall, before taking any such action or refraining therefrom:

(1) Prepare a written statement sworn to under the penalties for perjury describing the matter requiring action and the nature of the potential conflict; if he or she is a member of a legislative body and he or she does not request that he or she be excused from voting, deliberating, or taking action on the matter, the statement shall state why, despite the potential conflict, he or she is able to vote and otherwise participate fairly, objectively, and in the public interest; and

(2) Deliver a copy of the statement to the commission, and:

(i) If he or she is a member of the general assembly or of any city or town legislative body, he or she shall deliver a copy of the statement to the presiding officer of the body, who shall cause the statement to be recorded in the journal of the body and, upon request of the member, may excuse the member from votes, deliberations, or any other action on the matter on which a potential conflict exists; or

(ii) If the person is not a legislator, his or her superior, if any, shall, if reasonably possible, assign the matter to another person who does not have a conflict of interest. If he or she has no immediate superior, he or she shall take such steps as the commission shall prescribe through rules or regulations to remove him or herself from influence over any action on the matter on which the conflict of interest exists.
R.I. Gen. Laws § 36-10-20 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-20
§ 36-10-20. Accidental death benefits.
Status: in_force

Upon the accidental death of a member while in service before retirement, provided that evidence shall be submitted to the retirement board proving that the death of the member was the natural and proximate result of an accident while in the performance of duty at some definite time and place, and that the death was not the result of willful negligence on his or her part, his or her accumulated contributions, including interest on all contributions to the date of death of the member, shall be paid to the person having an insurable interest in his or her life as the member shall have nominated by written designation duly executed and filed with the retirement board, or if the member has filed no nomination or if the person so nominated shall have died, then to the estate of the deceased member, and upon application by or on behalf of the dependents of the deceased member the retirement board shall grant a benefit equal to one-half (Â½) of the rate of annual compensation of the member at date of death:

(1) To the members widow or widower or domestic partner for life unless he or she remarries or enters into a domestic partnership;

(2) If there be no widow, or widower or domestic partner or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member shall have attained the age of eighteen (18) years, then to the members child or children under the age of eighteen (18) years, divided in such manner as the retirement board in its discretion shall determine, to continue as a joint and survivor annuity equal to one-half (Â½) of the members rate of annual compensation at the date of death until every child dies or attains the age of eighteen (18) years; or

(3) If there be no widow or widower or domestic partner or child under the age of eighteen (18) years surviving the deceased member, then to his or her dependent father or mother as the deceased member shall have nominated by written designation duly acknowledged and filed with the retirement board; or, if there be no nomination, then to his or her dependent father or to his or her dependent mother as the retirement board in its discretion shall direct, to continue for life.
R.I. Gen. Laws § 36-2-2 — RI Code / Title 36 / Chapter 36-2 / Section 36-2-2
§ 36-2-2. Officers with power in county or town.
Status: in_force

The following persons may administer oaths within the respective counties and towns for which they may be elected or appointed to office: clerks of courts, justices of the peace, mayors of cities, judges of probate, presidents of town councils, or persons acting as such, town clerks, and town wardens.
R.I. Gen. Laws § 36-4-50 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-50
§ 36-4-50. Merit as basis  Discrimination prohibited.
Status: in_force

Except as provided in § 36-4-50.1, the determinations of eligibility for appointments, promotions, and demotions in and dismissals from the classified service shall be based solely upon merit, regardless of race, color, religion, sex, age, disability, country of origin, or ancestral origin, consistent with collective bargaining agreements, and consistent with title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
R.I. Gen. Laws § 36-10-2 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-2
§ 36-10-2. State contributions.
Status: in_force

(a) The State of Rhode Island shall make its contribution for the maintenance of the system, including the proper and timely payment of benefits in accordance with the provisions of this chapter and chapters 8, 16, 28, 31 and 42 of this title, by annually appropriating an amount equal to a percentage of the total compensation paid to the active membership. The percentage shall be computed by the actuary employed by the retirement system and shall be certified by the retirement board to the director of administration on or before the fifteenth day of October in each year. In arriving at the yearly employer contribution the actuary shall determine the value of:

(1) The contributions made by the members;

(2) Income on investments; and

(3) Other income of the system.

(b) The actuary shall thereupon compute the yearly employer contribution that will:

(1) Pay the actuarial estimate of the normal cost for the next succeeding fiscal year; and

(2) Amortize the unfunded liability of the system in accordance with §36-10-2.1(b).

(c) The State of Rhode Island shall remit to the general treasurer the employers share of the contribution for state employees, state police, and judges on a payroll frequency basis on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld, and for teachers in a manner pursuant to §16-16-22.

(d)(1) In accordance with the intent of §36-8-20 that the retirement system satisfy the requirements of §401(a) of the Internal Revenue Code of 1986, the state shall pay to the retirement system:

(i) By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators pursuant to §36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus accrued interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991, and ending June 30, 1995, but this amount shall be paid only if §36-10-10.1(e) becomes effective January 1, 1995; and

(ii) By December 31, 1994, twenty million seven hundred eighty eight thousand eight hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this payment is completed (reduced by amortized amounts already repaid to the retirement system with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990  June 30, 1991); and

(iii) By June 30, 1995, the sum of the amounts paid by the retirement system for retiree health benefits described in §36-12-4 for all fiscal years beginning July 1, 1989, and ending June 30, 1994, to the extent that the amounts were not paid from the restricted fund described in subsection (c).

(2) Any and all amounts paid to the retirement system under this subsection shall not increase the amount otherwise payable to the system by the state of Rhode Island under subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the amortization bases and other accounts of the retirement system as he or she deems appropriate to carry out the provisions and intent of this subsection.

(e) In addition to the contributions provided for in subsections (a) through (c) and in order to provide supplemental employer contributions to the retirement system, commencing in fiscal year 2006, and each year thereafter:

(1) Except for fiscal year 2009, fiscal year 2010, and fiscal year 2011, for each fiscal year in which the actuarially determined state contribution rate for state employees, including state contributions under chapter 10.3 of this title, is lower than that for the prior fiscal year, the governor shall include an appropriation to that system equivalent to twenty percent (20%) of the rate reduction for the states contribution rate for state employees to be applied to the actuarial accrued liability of the state employees retirement system for state employees for each fiscal year;

(2) Except for fiscal year 2009, fiscal year 2010, and fiscal year 2011, for each fiscal year in which the actuarially determined state contribution rate for teachers, including state contributions under chapter 10.3 of this title, is lower than that for the prior fiscal year, the governor shall include an appropriation to that system equivalent to twenty percent (20%) of the rate reduction for the states share of the contribution rate for teachers to be applied to the actuarial accrued liability of the state employees retirement system for teachers for each fiscal year;

(3) The amounts to be appropriated shall be included in the annual appropriation bill and shall be paid by the general treasurer into the retirement system.

(4) Assessments pursuant to §42-149-3.1 shall be included in the annual appropriation bill and shall be paid by the general treasurer into the retirement system beginning FY2013.

(f) While the retirement systems actuary shall not adjust the computation of the annual required contribution for the year in which supplemental contributions are received, the contributions once made may be treated as reducing the actuarial liability remaining for amortization in the next following actuarial valuation to be performed.
R.I. Gen. Laws § 36-1-11 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-11
§ 36-1-11. Power of senate to act on nominations.
Status: in_force

Whenever at the January session of the general assembly, or otherwise, the governor is required by law to fill vacancies in or make any appointments to office, and which appointments by law require the advice and consent of the senate, the senate may give its advice and consent or refuse to give its advice and consent, but the senate shall not elect or appoint any person to any vacant office.
R.I. Gen. Laws § 36-11-9 — RI Code / Title 36 / Chapter 36-11 / Section 36-11-9
§ 36-11-9. Binding arbitration  Procedure.
Status: in_force

(a) All issues remaining in dispute after the procedures for voluntary resolution of issues provided in § 36-11-8 are exhausted shall be referred to final and binding arbitration and decision. An arbitrator shall be selected within fifteen (15) days from lists of certified arbitrators submitted by and in accordance with the rule of the American Arbitration Association, provided, however, that all names so submitted shall be of Rhode Island residents.

(b) The arbitrator shall call a hearing to be held within ten (10) days of his or her appointment and shall give at least seven (7) days written notice in writing to the bargaining agent and chief executive of the time and place of the hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding; provided, however, that a stenographic record of the proceedings shall be kept and transcribed. Any and all documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records, and other evidence relative or pertinent to the issues presented to them for determination.

(c) The hearing conducted by the arbitrator shall be concluded within twenty (20) days of the time of commencement, and, within ten (10) days after the conclusion of the hearings, the arbitrator shall make written findings and a written opinion upon the issues presented, a copy of which shall be mailed or otherwise delivered to the bargaining agent or its attorney or other designated representative and the chief executive. The decision of the arbitrator shall be binding upon both the bargaining agent and the chief executive as to all issues and matters other than an issue which involves wages and as to that issue, the decision shall be advisory in nature.
R.I. Gen. Laws § 36-4-18 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-18
§ 36-4-18. Competitive tests.
Status: in_force

The competitive tests shall be designed to determine fairly the capacity of the persons examined to perform the duties of the positions in the classes for which the lists are prepared. The competitive tests shall be open to applicants who are residents of the state of Rhode Island; provided, that the personnel administrator may admit to competitive tests for technical, professional, or unusual positions residents of other states. Any resident denied admission to an examination on the grounds of insufficient qualifications as established in the class specifications involved may, within five (5) calendar days of the mailing of the notices, appeal in writing to the administrator of adjudication for a hearing or review of the denial. On the basis of the review or hearing, the administrator of adjudication may direct the personnel administrator to permit the appellant to take the examination. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, professional license, or specialized training, and other pertinent matters, and may be written, oral, physical, or in the form of demonstration of skill, or any combination of these types. Public notice of every test shall be given in the manner prescribed by the personnel rules. Persons having a legitimate and proper interest in examination questions used in connection with any examination shall be freely allowed to inspect the questions, when all phases of the examination in which the questions were used have been completed under such conditions as shall be specified in the personnel rules. The final earned rating of each person competing in any test shall be determined by the weighted average of the earned rating on all phases of the test according to weights for each phase established by the personnel administrator in advance of the giving of the tests and published as part of the announcement of the examination. However, the personnel administrator may discontinue the examination process for any competitor when it has been determined that the required minimum final earned rating cannot be attained. All persons competing in any test shall be given written notice of their standing on any employment list or of their failure to attain a place upon the list. The personnel administrator may as deemed appropriate establish broadband examinations for a wide variety of entry and/or other levels of positions which would not be ranked in the traditional manner. The examinations would be ranked only upon certification to an appropriate vacancy and subject to conditions established in the personnel rules and the provisions of §§ 36-4-4 and 36-4-7 shall not apply to any appointments which are in the unclassified service. When an appropriate vacancy exists, the appointing authority will certify as to the appropriate knowledge, skills, and abilities required for successful performance in a particular position or positions. The personnel administrator will then proceed to rank all eligibles who have qualified and possess the requisite knowledge, skills, and abilities.
R.I. Gen. Laws § 36-9-41 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-41
§ 36-9-41. Rhode Island airport corporation  Uninterrupted state service.
Status: in_force

Transferred employees who return to employment with the state of Rhode Island directly from uninterrupted employment with the Rhode Island airport corporation shall have their length of service at the Rhode Island airport corporation deemed to be uninterrupted active state service for purposes of service credits in the state retirement system.
R.I. Gen. Laws § 36-4-20 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-20
§ 36-4-20. Duration of employment lists.
Status: in_force

Each employment list shall remain in force until exhausted, until replaced, or combined with a more recently prepared list or until two (2) years from the date of its preparation.
R.I. Gen. Laws § 36-9-31.1 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-31.1
§ 36-9-31.1. Peace corps, teacher corps, and volunteers in service to America.
Status: in_force

(a) Any active member who served in the peace corps, teacher corps, or in volunteers in service to America may purchase credit for that service up to a maximum of four (4) years in the aggregate; provided, that any member on an official leave of absence for illness or injury shall be eligible to purchase those credits while on the leave of absence.

(b) The cost to purchase these credits shall be the full actuarial cost as defined in § 36-8-1(10) of that service in the peace corps, teacher corps, or VISTA, up to a maximum of four (4) years.
R.I. Gen. Laws § 36-4-15.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-15.1
§ 36-4-15.1. Specialized information technology positions in state service.
Status: in_force

(a) For purposes of this section, specialized information technology position means a technical or specialized job classification in state service under the supervision of the division of enterprise technology strategy and services (ETSS) within the department of administration. Such positions may include information technology leadership roles (i.e., chief information officer, chief technology officer, chief information security officer, etc.) and any other information technology positions which are supervisory, confidential, or managerial as defined by chapter 7 of title 28 and the rules and regulations of the Rhode Island state labor relations board. There shall be no more than fifteen (15) specialized information technology positions employed by the state in any fiscal year.

(b) Notwithstanding the provisions of any general or special law or regulation to the contrary, including the personnel rules adopted pursuant to § 36-4-8, the personnel administrator, in their sole discretion, may modify, change, or amend any official pay plan for employees in the classified or unclassified service in order to create new job classifications, and/or modify the title, content, or pay grade of an existing job classification, for any new or existing specialized information technology positions as defined above. All information technology job specifications and corresponding pay grades shall be reviewed annually to maintain accuracy and fluency with emerging technologies, operating systems, and/or applications.

(c) The personnel administrator is hereby authorized to take whatever administrative action is necessary to implement the changes to the official pay plans for specialized information technology positions, as defined in this section, without conducting a public hearing or obtaining the approval of the governor prior to the implementation of any such action.

(d) Within thirty (30) days after any personnel action under this section, the personnel administrator shall file a written report with the governor, the speaker of the house, the senate president, and the chairpersons of the house and senate finance committees. This report shall include:

(1) The title and pay grade of the position(s);

(2) The job description of the position(s); and

(3) The reason why the position(s) is/are necessary. The personnel administrator shall also post the report on the division of human resources website for at least one year.

(e) The provisions of this section shall not apply to any specialized information technology position utilized by ETSS that is part of a collective bargaining unit established and certified by the Rhode Island state labor relations board or which are eligible to be accreted into an existing collective bargaining unit pursuant to chapter 7 of title 28 and the rules or regulations of the Rhode Island state labor relations board.

(f) Except as authorized by chapter 7 of title 28 and the rules or regulations of the Rhode Island state labor relations board, nothing shall permit the conversion of any/all information technology positions in the classified, unclassified, or non-classified, covered by a collective bargaining unit to any/all specialized information technology position utilized by ETSS.

(g) The authorization granted by this section to the personnel administrator to convert any/all information technology positions to specialized information technology positions shall sunset on December 31, 2026.
R.I. Gen. Laws § 36-4-27 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-27
§ 36-4-27. Unlawful procurement of waiver or withdrawal.
Status: in_force

An appointing authority or other person who shall procure the signing of a waiver or otherwise induce an eligible to withdraw his or her name through fraud, misrepresentation, duress, or promise shall be guilty of a misdemeanor.
R.I. Gen. Laws § 36-4-11 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-11
§ 36-4-11. Allocation of positions to classes within plan.
Status: in_force

After the adoption of the classification plan by the governor, the personnel administrator shall allocate every position in the classified service to one of the classes established by the plan. Thereafter, whenever new positions are authorized and created, whenever the duties and responsibilities of existing positions change, or whenever the classification plan is amended, the personnel administrator shall allocate or reallocate the affected positions and shall determine the status of employees affected by the action in accordance with the personnel rules.
R.I. Gen. Laws § 36-10-16 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-16
§ 36-10-16. Disability benefits pending final decision on application.
Status: in_force

Notwithstanding any of the provisions of chapters 3 and 4 of this title, and/or any existing regulations of the director of administration or the state retirement board, the state retirement board shall accord to a civil service employee, so entitled under present existing regulations, the minimum retirement benefits pending a decision upon any disability retirement of the civil service employee; provided, however, that the granting of the minimum retirement shall not estop the employee claiming disability from any disability retirement consideration by the board.
R.I. Gen. Laws § 36-12-2.4 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-2.4
§ 36-12-2.4. Health insurance benefits  COBRA.
Status: in_force

For purposes of fulfilling any employer obligations under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 42 U.S.C. § 403 et seq., a domestic partner shall be deemed a dependent of an employee as defined herein.
R.I. Gen. Laws § 36-14-17 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-17
§ 36-14-17. Content of financial statement.
Status: in_force

(a) The financial statement required herein shall be on a form prescribed by the commission and shall include the account of the financial activity of the person required to file the statement by this chapter, the financial activity of his or her spouse (if not estranged), and any dependent children for the preceding calendar year.

(b) The account of financial activity referred to in subsection (a) of this section shall consist of:

(1) If the person required to file the statement or any person enumerated in subsection (a) of this section or a business entity in which the person or any person enumerated as aforesaid held a ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest at any time during the calendar year for which the statement is required has done business with a state or municipal agency or a business which is subject to direct regulation greater than of a de minimus nature by a state or municipal agency, and if so, the date and nature of the business;

(2) A list of all sources of occupational income identified by employer or, if self employed, by the nature of occupation or profession, and if income was received from a state or municipal agency, the name and address of the agency and the nature of the services rendered; however, general officers, as defined in § 17-2-1, shall list all sources and amounts of income in excess of two hundred dollars ($200) according to the following categories:

(i) Not more than $1,000

(ii) Greater than $1,000 but no more than $10,000

(iii) Greater than $10,000 but no more than $25,000

(iv) Greater than $25,000 but no more than $50,000

(v) Greater than $50,000 but no more than $100,000

(vi) Greater than $100,000 but no more than $200,000

(vii) Greater than $200,000 but no more than $500,000

(viii) Greater than $500,000 but no more than $1,000,000

(ix) Greater than $1,000,000;

(3) A listing of all real property in which a financial interest was held; however, this section shall not apply to real property used exclusively as the persons principal residence;

(4) Identification of any interested person from whom the person or the persons spouse (if not estranged) or any dependent child received a gift or contribution of money or property in excess of one hundred dollars ($100) in value or a series of gifts or contributions of money or property, the total of which exceeds one hundred dollars ($100) in value received from the same source, and a description of each gift or contributions, except those received from persons related to the person at any time within the third degree of consanguinity or affinity and campaign contributions which were reported as required by law. For purposes of this subsection, interested person, means a person or a representative of a person or business that has a direct financial interest in a decision that the person subject to the code of ethics is authorized to make, or to participate in the making of, as part of the persons official duties;

(5) Identification of the source of all income received as beneficiary of a trust and identification of each asset, if known to the beneficiary, from which income was received by the beneficiary in excess of one thousand dollars ($1,000);

(6) A list of all boards of directors of which the person is a member and executive positions which the person holds in any business entity, stating the name and address of each business entity;

(7) The name and address of any business entity in which the person or any person enumerated in subsection (a) of this section held a ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest in at any time during the calendar year for which the statement is required; and

(8)(i) Identification of any person, business entity, financial institution, or other organization to whom the person was indebted at any time during the calendar year for which the statement is required in an amount in excess of one thousand dollars ($1,000) other than:

(A) Any person related to the person at any time within the third degree of consanguinity or affinity;

(B) Any transactions involving credit cards, with the exception of any and all unsatisfied default judgments; or

(C) Any indebtedness to a financial institution, licensed and regulated by any state or by the United States, which is secured solely by a mortgage of record on real property used exclusively as the principal residence of the person required to file the statement.

(ii) This section does not require the reporting of the amount or amounts of the indebtedness or the payment record of the loans.

(c) The financial statement shall be sworn to under oath.
R.I. Gen. Laws § 36-4-4 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-4
§ 36-4-4. Positions classed as noncompetitive.
Status: in_force

The noncompetitive branch shall include classes of positions that require the performance of routine, laboring, custodial, domestic tasks, or positions that are subject to continuing supervision. In addition to the foregoing, classes of positions that require licenses, certificates, or registrations shall also be included in the noncompetitive branch.
R.I. Gen. Laws § 36-4-2.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-2.1
§ 36-4-2.1. Exemptions from merit system.
Status: in_force

The appointment, promotion, salaries, tenure, and dismissal of employees of the legislative and judicial departments shall not be subject to control in any manner or degree by the personnel administrator, or by any other officer or board of the executive branch of government.
R.I. Gen. Laws § 36-4-17.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-17.1
§ 36-4-17.1. Longevity payments.
Status: in_force

A state employee in the classified or unclassified service who terminates employment and is subsequently reemployed by the state, notwithstanding any rule, regulation, or provision of the general laws to the contrary, shall be eligible to receive an aggregate longevity increase for the period of initial employment. The provisions of this section shall be applied retroactively to those persons reemployed prior to June 1, 1980, and thereafter.
R.I. Gen. Laws § 36-9-24 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-24
§ 36-9-24. Part-time school lunch employees.
Status: in_force

(a) Whenever any state school lunch employee, who is a member of the system as a full-time employee is involuntarily transferred to a position of less than twenty (20) hours per week, the employee shall remain a contributing member of the retirement system and receive full credit for that part-time service, provided the service shall be at least fifteen (15) hours per week.

(b) Whenever a school lunch employee previously ineligible for membership in the system because of employment less than twenty (20) hours per week, subsequently becomes eligible for membership but who has since attained the age of sixty (60) years, the employee shall have the option to join the system at the time of the subsequent eligible employment status.
R.I. Gen. Laws § 36-4-16.4 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-16.4
§ 36-4-16.4. Salaries of directors and secretaries.
Status: in_force

(a) In the month of March of each year, the department of administration shall conduct a public hearing to determine salaries to be paid to directors of all state executive departments and secretaries serving as the head of any state executive department or executive office, including but not limited to, the secretary of the executive office of health and human services, the secretary of commerce, and the secretary of housing for the following year, at which hearing all persons shall have the opportunity to provide testimony, orally and in writing. In determining these salaries, the department of administration will take into consideration the duties and responsibilities of the aforenamed officers, as well as such related factors as salaries paid executive positions in other states and levels of government, and in comparable positions anywhere that require similar skills, experience, or training. Consideration shall also be given to the amounts of salary adjustments made for other state employees during the period that pay for directors and secretaries was set last.

(b) Each salary determined by the department of administration will be in a flat amount, exclusive of such other monetary provisions as longevity, educational incentive awards, or other fringe additives accorded other state employees under provisions of law, and for which directors and secretaries are eligible and entitled.

(c) In no event will the department of administration lower the salaries of existing directors and secretaries during their term of office.

(d) Upon determination by the department of administration, the proposed salaries of directors and secretaries will be referred to the general assembly by the last day in April of that year to go into effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting concurrently within that time.

(e) Notwithstanding the provisions of this section, for 2022 only, the time period for the department of administration to conduct the public hearing shall be extended to September and the proposed salaries shall be referred to the general assembly by October 30. The salaries may take effect before next year, but all other provisions of this section shall apply.

(f) [Deleted by P.L. 2022, ch. 231, art. 3, § 12.]

(g) Notwithstanding the provisions of this section or any law to the contrary, for 2023 only, the salary of the director of the department of children, youth and families shall be determined by the governor.
R.I. Gen. Laws § 36-14-2 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-2
§ 36-14-2. Definitions.
Status: in_force

As used in this chapter:

(1) Any person within his or her family means a spouse and any dependent children of any public official or public employee as well as a person who is related to any public official or public employee, whether by blood, adoption or marriage, as any of the following: father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrother or halfsister;

(2) Business means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law through which business for profit or not for profit is conducted;

(3) Business associate means a person joined together with another person to achieve a common financial objective;

(4) Employees of state and local government, of boards, commissions and agencies means any full time or part time employees in the classified, nonclassified and unclassified service of the state or of any city or town within the state, any individuals serving in any appointed state or municipal position, and any employees of any public or quasi-public state or municipal board, commission, or corporation;

(5) Governmental function means any action that is public in nature and is performed for the common good of all the people;

(6) Open and public process means the open solicitation for bids or proposals from the general public by public announcement or public advertising followed by a public disclosure of all bids or proposals considered and contracts awarded;

(7) Person means an individual or a business entity;

(8)(i) State agency means any department, division, agency, commission, board, office, bureau, authority, or quasi-public authority within Rhode Island, either branch of the Rhode Island general assembly, or an agency or committee thereof, the judiciary, or any other agency that is in any branch of Rhode Island state government and which exercises governmental functions other than in an advisory nature;

(ii) Municipal agency means any department, division, agency, commission, board, office, bureau, authority, quasi-public authority, or school, fire or water district within Rhode Island other than a state agency and any other agency that is in any branch of municipal government and exercises governmental functions other than in an advisory nature;

(9) State or municipal appointed official means any officer or member of a state or municipal agency as defined herein who is appointed for a term of office specified by the constitution or a statute of this state or a charter or ordinance of any city or town or who is appointed by or through the governing body or highest official of state or municipal government;

(10) State or municipal elected official means any person holding any elective public office pursuant to a general or special election;

(11) A persons natural child, adopted child, or stepchild is his or her dependent child during a calendar year if the person provides over fifty percent (50%) of the childs support during the year;

(12) A person represents him or herself before a state or municipal agency if he or she participates in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in his or her own favor;

(13) A person represents another person before a state or municipal agency if he or she is authorized by that other person to act, and does in fact act, as that other persons attorney at law or his or her attorney in fact in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in favor of that other person.

(14) Major decision-making position means the executive or administrative head or heads of a state agency, whether elected or appointed or serving as an employee and all members of the judiciary, both state and municipal. For state agencies, a major decision-making position shall include the positions of deputy director, executive director, assistant director and chief of staff.
R.I. Gen. Laws § 36-4-14 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-14
§ 36-4-14. Adoption of pay plan.
Status: in_force

(a) After reasonable opportunity to be heard has been given to employees, appointing authorities, and the general public, and after incorporating any modification, change, or amendment he or she considers desirable, the director shall submit the plan to the governor who shall approve and adopt the plan with such changes as he or she deems necessary and order its application to all positions in the classified service. When the governor has adopted the pay plan, it shall constitute the official pay schedule for positions in the classified service; thereafter, no person in the classified service shall be paid a salary that is greater than the maximum or less than the minimum rates fixed in the approved pay plan or by amendments thereto, or by the personnel rules. Notwithstanding the provisions of this section or any other section of this chapter, upon successful completion of a four-course curriculum incentive in-service training program approved by the personnel administrator, a state employee hired before July 1, 2001 shall be granted a one-step pay increment next above the current base step, or if the employee is at the maximum of the grade the employee shall receive a pay increment equal in amount to the last step in the pay grade, the increment to be retained, separate and apart from any salary or longevity increase that the employee may at that time or thereafter receive.

(b) Upon leaving state service, upon choosing an educational incentive plan provided for in the Personnel Rules or upon choosing to participate in another recognized educational incentive plan, a state employees eligibility for the one-step pay increase described in subsection (a) shall cease.

(c) Unless otherwise provided in the general laws, state employees hired on or after July 1, 2001 shall be eligible only for the educational incentive plan as provided for in the Personnel Rules. However, state employees who are eligible for a different statutory or contractual educational incentive plan may choose that other plan instead of the educational incentive plan as provided for in the Personnel Rules.
R.I. Gen. Laws § 36-10-13 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-13
§ 36-10-13. Amount of ordinary disability benefit.
Status: in_force

Upon retirement for ordinary disability under § 36-10-12, a member shall receive a benefit equal to the rate prescribed for service retirement under § 36-10-10, subject to the provisions of § 36-10-31; provided, however, that no member retiring with less than ten (10) years of total service shall receive a benefit less than he or she would have received if he or she had ten (10) years of total service.
R.I. Gen. Laws § 36-12-14 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-14
§ 36-12-14. Severability.
Status: in_force

The provisions of §§ 36-12-6  36-12-14 are hereby declared to be severable, and in case any part, section, or provision of §§ 36-12-6  36-12-14 is held void by any court of competent jurisdiction, the remaining parts, sections, and provisions of §§ 36-12-6  36-12-14 shall not, thereby, be impaired or otherwise affected.
R.I. Gen. Laws § 36-9-26 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-26
§ 36-9-26. Credits for layoffs.
Status: in_force

(a) Members who are laid off for any reason and are not on leave without pay may purchase up to one years credit for retirement purposes; provided the member did not withdraw his or her retirement contributions while on layoff, and returns to active membership; provided, further, that the member purchases that credit upon his or her return to service from the layoff and pays into the retirement system the full actuarial cost as defined in § 36-8-1(10).

(b) The retirement board shall fix and determine rules and regulations to govern the provisions of this section.
R.I. Gen. Laws § 36-6-18 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-18
§ 36-6-18. Additional vacation time for career state employees.
Status: in_force

(a) State employees, classified, nonclassified, or unclassified, who have been in the service of the state for at least twenty (20) years shall be credited annually with five (5) days additional vacation time.

(b) All state employees may have prior service time with a state of Rhode Island municipality credited to their present state service for the purpose of computing vacation accrual under the provisions of this section.

(c) All state employees may have prior service time including service as an elected official with a state municipality credited to their present state service for the purpose of computing vacation accrual under the provisions of this section.
R.I. Gen. Laws § 36-4-40.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-40.1
§ 36-4-40.1. Administrator of adjudication  Duties.
Status: in_force

The administrator of adjudication or his or her designee shall hear all appeals from decisions of the personnel administrator as provided in this chapter and chapter 3 of this title. The administrator of adjudication shall hear such other appeal requests as may be provided by law or as authorized by the director of the department of administration.
R.I. Gen. Laws § 36-4-2 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-2
§ 36-4-2. Positions in unclassified service.
Status: in_force

(a) The classified service shall comprise all positions in the state service, now existing or hereinafter established, except the following specific positions which, with other positions heretofore or hereinafter specifically exempted by legislative act, shall constitute the unclassified service:

(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.

(2) Employees of both houses of the general assembly.

(3) Officers, secretaries, and employees of the office of the governor, office of the lieutenant governor, department of state, department of the attorney general, and the treasury department.

(4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.

(5) The following specific offices:

(i) In the department of administration: director, chief information officer, cybersecurity officer, director of office of management and budget, director of performance management, deputy director, chief of staff, public information officer and legislative/policy director, and within the health benefits exchange: director, deputy director, administrative assistant, senior policy analyst, and chief strategic planning monitoring and evaluation;

(ii) In the department of business regulation: director;

(iii) In the department of elementary and secondary education: commissioner of elementary and secondary education;

(iv) In the department of higher education: commissioner of postsecondary education;

(v) In the department of health: director, executive director, and deputy director;

(vi) In the department of labor and training: director, administrative assistant, administrator of the labor board and legal counsel to the labor board, executive director, and communications director;

(vii) In the department of environmental management: director;

(viii) In the department of transportation: director, chief operating officer, administrator/division of project management, administrator/division of planning, chief of staff, communications director, legislative director, and policy director;

(ix) In the department of human services: director and director of veterans affairs;

(x) In the state properties committee: secretary;

(xi) In the workers compensation court: judges, administrator, deputy administrator, clerk, assistant clerk, clerk secretary;

(xii) In the office of healthy aging: director;

(xiii) In the department of behavioral healthcare, developmental disabilities and hospitals: director;

(xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;

(xv) In the department of children, youth and families: director, one assistant director, one associate director, one executive director, and a chief of staff;

(xvi) In the public utilities commission: public utilities administrator;

(xvii) In the water resources board: general manager;

(xviii) In the human resources investment council: executive director;

(xix) In the office of health and human services: secretary of health and human services;

(xx) In the office of commerce: secretary, deputy secretary, chief of staff, communications director, legislative director, and policy director.

(6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.

(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.

(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.

(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the council on elementary and secondary education and the council on postsecondary education.

(10) Members of the military or naval forces, when entering or while engaged in the military or naval service.

(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic tribunal, jurors, and any persons appointed by any court.

(12) Election officials and employees.

(13) Deputy sheriffs and other employees of the sheriffs division within the department of public safety.

(14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.

(15)(i) Persons employed to make or conduct a temporary and special inquiry, investigation, project, or examination on behalf of the legislature, or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.

(ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the department of administration. The department of administration may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.

(16) Members of the division of state police within the department of public safety.

(17) Executive secretary of the Blackstone Valley district commission.

(18) Artist and curator of state-owned art objects.

(19) Mental health advocate.

(20) Child advocate.

(21) The position of aquaculture coordinator and marine infrastructure specialist within the coastal resources management council.

(22) Employees of the office of the health insurance commissioner.

(23) In the department of revenue: the director, secretary, attorney.

(24) In the department of public safety: the director.

(b) Provided, however, that, if any position added to the unclassified service by legislative act after January 1, 2015, is occupied by a classified employee on June 30, 2015, such position shall remain in the classified service until such position becomes vacant.
R.I. Gen. Laws § 36-4-9 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-9
§ 36-4-9. Adoption of classification plan.
Status: in_force

The personnel administrator shall, after consultation with appointing authorities and principal supervising officials, classify all of the positions in the classified service according to the duties and responsibilities of each position. The plan of classification shall designate an appropriate title for each class of position and shall indicate the education, experience, capacity, knowledge, skill, and other qualifications to be required of persons appointed to positions in each class. The complete classification plan shall be so arranged that all positions that are substantially similar with respect to authority, responsibility, and character of work are included within the same class and that the same pay schedules can be made to apply with equity under like working conditions. The class titles so established shall be used in all personnel, accounting, budget, appropriation, and financial records of all state departments, commissions, and institutions.
R.I. Gen. Laws § 36-4-56 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-56
§ 36-4-56. Penalties for violations.
Status: in_force

Any person violating any of the provisions of this chapter or chapter 3 of this title, or of the rules established in accordance with these chapters, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500) or be imprisoned for not more than sixty (60) days or both. Any person holding a position in the classified service so convicted shall be dismissed from the service immediately.
R.I. Gen. Laws § 36-8-2 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-2
§ 36-8-2. Establishment of system.
Status: in_force

A retirement system is hereby established and placed under the management of the retirement board for the purpose of providing retirement allowances for employees of the state of Rhode Island under the provisions of chapters 8  10 of this title. The retirement system so created shall begin operation as of July 1, 1936. It shall have the power and privileges of a corporation and shall be known as the employees retirement system of the state of Rhode Island, and by that name all of its business shall be transacted, all of its funds invested, and all of its cash, securities, and other property held.
R.I. Gen. Laws § 36-12-9 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-9
§ 36-12-9. Beneficiaries  Payment of benefits.
Status: in_force

(a) The policy or policies issued hereunder shall include a provision prescribing the conditions under which an insured employee may designate and change the beneficiary or beneficiaries to receive insurance payable upon the death of the employee.

(b) If, at the death of any employee insured hereunder, there shall be more than one designated beneficiary, then, unless the employee shall have specified the respective interests of the beneficiaries, the interests of the beneficiaries shall be several and equal. If any designated beneficiary shall predecease the employee, the rights and interest of the beneficiary shall thereupon automatically terminate. If, at the death of the employee, there be no designated beneficiary as to all or any part of the insurance, then the amount of the insurance payable for which there is no designated beneficiary shall be payable to the estate of the employee; provided, however, that the insurance company may, in that case, at its option, and subject to rules approved by the director, pay the amount to any one of the following surviving relatives: wife, husband, mother, father, child, or children. Payment to any one or more of the surviving relatives shall completely discharge the insurance companys liability with respect to the amount of insurance so paid.
R.I. Gen. Laws § 36-10-7 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-7
§ 36-10-7. Guaranty by state  Annual appropriations.
Status: in_force

The general assembly of the state of Rhode Island hereby declares that it is the intention of the state to make payment of the annuities, benefits, and retirement allowances provided for under the provisions of this chapter and to that end that it is the intention of the state to make the appropriations required by the state to meet its obligations to the extent provided in this chapter. The general assembly shall make annual appropriations which shall be sufficient to provide for the payment of the annuities, benefits, and retirement allowances required of the state under this chapter. The amounts to be appropriated shall be included in the annual appropriation bill and shall be paid by the general treasurer into the retirement system.
R.I. Gen. Laws § 36-12-1 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-1
§ 36-12-1. Definitions.
Status: in_force

The following words, as used in §§ 36-12-1  36-12-14, shall have the following meanings:

(1) Employer, means the state of Rhode Island.

(2) Employee, means all persons who are classified employees as the term classified employee is defined under § 36-3-3, and all persons in the unclassified and non-classified service of the state; provided, however, that the following shall not be included as employees under §§ 36-12-1  36-12-14:

(i) Part-time personnel whose work week is less than twenty (20) hours a week and limited period and seasonal personnel;

(ii) Members of the general assembly, its clerks, doorkeepers, and pages.

(3) Dependents means an employees spouse, domestic partner and unmarried children under nineteen (19) years of age. Domestic partners shall certify by affidavit to the benefits director of the division of personnel that the (i) partners are at least eighteen (18) years of age and are mentally competent to contract, (ii) partners are not married to anyone, (iii) partners are not related by blood to a degree which would prohibit marriage in the state of Rhode Island, (iv) partners reside together and have resided together for at least one year, (v) partners are financially interdependent as evidenced by at least two (2) of the following: (A) domestic partnership agreement or relationship contract; (B) joint mortgage or joint ownership of primary residence, (C) two (2) of: (I) joint ownership of motor vehicle; (II) joint checking account; (III) joint credit account; (IV) joint lease; and/or (D) the domestic partner has been designated as a beneficiary for the employees will, retirement contract or life insurance. Misrepresentation of information in the affidavit will result in an obligation to repay the benefits received, and a civil fine not to exceed one thousand dollars ($1,000) enforceable by the attorney general and payable to the general fund. The employee will notify the benefits director of the division of personnel by completion of a form prescribed by the benefits director when the domestic partnership ends.

(4) Retired employee, means all persons retired from the active service of the state, who, immediately prior to retirement, were employees of the state as determined by the retirement board under § 36-8-1, and also all retired teachers who have elected to come under the employees retirement system of the state of Rhode Island.

(5) State retiree, means all persons retired from the active service of the state who, immediately prior to retirement, were employees of the state as determined by the retirement board under § 36-8-1.

(6) Teacher retiree, means all retired teachers who have elected to come under the employees retirement system of the state of Rhode Island.

(7) Long-term healthcare insurance, means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve (12) consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. The term includes: group and individual policies or riders whether issued by insurers, fraternal benefit societies, nonprofit health, hospital, and medical service corporations; prepaid health plans, health maintenance organizations; or any similar organization. Long-term healthcare insurance shall not include: any insurance policy which is offered primarily to provide basic medicare supplement coverage; basic hospital expense coverage; basic medical-surgical expense coverage; hospital confinement indemnity coverage; major medical expense coverage; disability income protection coverage; accident only coverage; specified disease or specified accident coverage; or limited benefit health coverage. This list of excluded coverages is illustrative and is not intended to be all inclusive.

(8) Non-Medicare-eligible retiree healthcare insurance, means the health benefit employees who retire from active service of the state (subsequent to July 1, 1989), who immediately prior to retirement were employees of the state as determined by the retirement board pursuant to § 36-8-1, shall be entitled to receive until attaining Medicare eligibility. This healthcare insurance shall be equal to semi-private hospital care, surgical/medical care and major medical with a one hundred seventy-five dollar ($175) calendar year deductible. The aforementioned program will be provided on a shared basis in accordance with § 36-12-4.

(9) Medicare-eligible retiree healthcare insurance, means the health benefit employees who retire from active service of the state (subsequent to July 1, 1989), who immediately prior to retirement were employees of the state as determined by the retirement board pursuant to § 36-8-1, shall have access to when eligible for Medicare. This healthcare insurance shall include plans providing hospital care, surgical/medical services, rights and benefits which, when taken together with their federal Medicare program benefits, 42 U.S.C. § 1305 et seq., shall be comparable to those provided for retirees prior to the attainment of Medicare eligibility.

(10) Health reimbursement arrangement, or HRA means an account that:

(i) Is paid for and funded solely by state contributions;

(ii) Reimburses a Medicare-eligible state retiree for medical care expenses as defined in § 213(d) of the Internal Revenue Code of 1986, as amended, which includes reimbursements for healthcare insurance premiums;

(iii) Provides reimbursements up to a maximum dollar amount for a coverage period; and

(iv) Provides that any unused portion of the maximum dollar amount at the end of a coverage period is carried forward to increase the maximum reimbursement amount in subsequent coverage periods.
R.I. Gen. Laws § 36-4-46 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-46
§ 36-4-46. Reports of changes in status of employees.
Status: in_force

Every appointment, transfer, promotion, dismissal, vacancy, change of salary rate, leave of absence, absence from duty, and other temporary or permanent change in status of employees in both the unclassified service and the classified service shall be reported to the personnel administrator at such time, in such form, and together with such supporting or pertinent information as the personnel rules shall prescribe.
R.I. Gen. Laws § 36-9-39 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-39
§ 36-9-39. Rhode Island airport corporation  Transferred employees.
Status: in_force

(a) Definitions. For the purposes of this section:

(i) Airport corporation means the Rhode Island airport corporation, a governmental agency and public instrumentality of the state of Rhode Island.

(ii) Employee contribution accumulation means an amount equal to the total member contributions of the transferred employees which were picked up and paid by the airport corporation to the trust maintained by the airport corporation to receive those contributions during the interim period plus actual earnings on the contributions. The employee contribution accumulation attributable to each transferred employee shall be treated as such employees accumulated contributions for purposes of chapters 9 and 10 of this title.

(iii) Employer contribution accumulation means an amount equal to the required contributions applicable to the interim period.

(iv) Interim period means the period from the transfer date to the date that the requirement of subsection (c) is satisfied.

(v) Required contribution means the amount or amounts required to be contributed to the retirement system by the airport corporation in addition to the member contributions of the transferred employees in order to fund the benefits attributable to the transferred employees earned after the transfer date in accordance with the provisions of this section. The amount of the airport corporations required contribution for any relevant period following the transfer date shall be an amount determined by multiplying the rate percent established in accordance with § 36-10-2 for the period by the compensation paid by the airport corporation to the transferred employees during the period. The airport corporation shall make its required contribution, other than the required contribution for the interim period, in bi-weekly installments, each to be made within three (3) business days following the pay day. The required contribution applicable to the interim period shall be made in accordance with the provisions of subsection (c) of this chapter.

(vi) Transfer date means July 1, 1993.

(vii) Transferred employee means any individual who was an employee of the department of transportation of the state of Rhode Island on the date immediately preceding the transfer date, and was an active member of the retirement system on the date immediately preceding the transfer date, and who became an employee of the airport corporation on the transfer date.

(b) Subject to subsections (c), (d) and (e) of this section, the period of service of any transferred employee with the airport corporation after the transfer date shall be treated as service as an employee of the state of Rhode Island for purposes of Chapters 8, 9, and 10 of this title.

(c) The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section, the airport corporation transfers, or causes to have transferred from a trustee or other custodian, to the retirement system, an amount equal to the sum of the employees contribution accumulation and the employer contribution accumulation.

(d) Notwithstanding the foregoing, any individual who is a transferred employee shall not be considered an employee of the state of Rhode Island under subsection (b) for any period of employment in a category of employment making him or her eligible for any other retirement income benefit funded by the airport corporation under a retirement plan sponsored by the airport corporation and intended to qualify under § 401(a)(4), 26 U.S.C. 401(a)(4), of the United States Internal Revenue Code.

(e) Provided the requirement of subsection (c) of this section is satisfied:

(i) Any retirement or death benefit provided to or on behalf of a transferred employee during the interim period by the airport corporation, or a trust established and maintained by the airport corporation, shall be considered provided by the state of Rhode Island retirement system and the amount of benefit paid by the airport corporation, or the trustee, shall reduce the amount required to be transferred to the retirement system under subsection (c) of this section.

(ii) Subsection (b) shall continue to apply after the date of transfer specified in subsection (c) with respect to the period for which the airport corporation thereafter makes its required contribution to the retirement system. In the event that the airport corporation ceases to make its required contribution, the transferred employees shall be considered inactive members of the retirement system as of the date of cessation.

(iii) The member contributions of the transferred employees shall be considered picked up and paid by the airport corporation to the retirement system after the interim period pursuant to the provisions of § 414(h)(2), 26 U.S.C. 414(h)(2), of the United States Internal Revenue Code. The contributions so picked up shall be treated as employer contributions in determining the tax treatment under the United States Internal Revenue Code and shall not be included as gross income of the transferred employee until such time as they are distributed.
R.I. Gen. Laws § 36-14-13 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-13
§ 36-14-13. Adjudicative powers of the commission.
Status: in_force

(a) The commission is hereby empowered to adjudicate the merits of allegations of violations of the Rhode Island code of ethics.

(1) At such a hearing the commission shall have the power to compel the attendance of witnesses, require the production of evidence, and take oral or written evidence under oath or affirmation;

(2) Each party shall have the right to be represented by legal counsel; to conduct discovery pursuant to rules, adopted by the commission in the exercise of its rulemaking authority, which shall provide for the prompt and early exchange of relevant information and otherwise protect each party from unfair surprise during the course of the proceedings; to compel attendance of witnesses; to examine and cross examine opposing witnesses; to introduce exhibits and otherwise to present any matters to the commission relevant to the complaint;

(3) Oral evidence shall be taken only on oath or affirmation;

(4) There shall be a presumption of innocence on the part of any person alleged to have violated the provisions of this chapter and the burden of proving that the person has violated the provisions of this chapter shall be upon those who allege the violation or violations;

(5) The hearing shall be open to the public;

(6) Objections to the introduction of evidence may be made and shall be noted in the record;

(7) A stenographic record shall be made of all hearings conducted under the provisions of this section;

(8) At the conclusion of proceedings concerning an alleged violation, the commission shall immediately begin deliberations on the evidence and then proceed to determine whether there has been a knowing and willful violation of this chapter;

(9) No persons, other than members of the commission, and independent legal counsel for the limited purpose provided for herein, shall be present during the deliberations of the commission following any hearing conducted under this section. Counsel may not participate in deliberations of the commission. Counsels sole function shall be to respond to questions of law posed by commission members. A written record shall be maintained of the questions posed to counsel and counsels responses, which shall become part of the record of proceedings.

(b) In order for the commission to hold a hearing there must be a quorum of five (5) members. For every two (2) members who must recuse themselves from taking part in a hearing due to a conflict, the number needed for a quorum shall be reduced by one.

(c) In order for the commission to find that there has been a knowing and willful violation of this chapter it shall be necessary that a majority of those commissioners who attended all hearings, but in no case fewer than three (3) of the members of the commission shall vote in the affirmative to so find.

(d) The commission, upon a finding pursuant to this section that there has been a violation of this chapter, shall issue an order by which it may:

(1) Require that the violator cease and desist violating the provisions of this chapter;

(2) Require that the violator file any report, statement, or other information as required by this chapter;

(3) Require that the violator pay a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation of this chapter and the pecuniary value of any unjust enrichment realized by the violator as the result of his or her violation of this chapter;

(4) Refer the entire record of its proceedings to the attorney general; and/or

(5) Remove the violator from his or her office or position in accordance with the provisions of § 36-14-14, provided the violator is not subject to impeachment.

(e) The commission shall, in the exercise of the rulemaking authority conferred by § 36-14-9(a)(3), promulgate rules and regulations, consistent with the provisions of this section, for the conduct of adjudicative hearings before any adjudicative panel of the commission.

(f) Except in those cases referred to the attorney general pursuant to subsection (d)(4) of this section, a final decision of the commission and the record of proceedings before the commission upon which the final decision is based shall be made public by the commission within thirty (30) days after the final decision is rendered.

(g) The commission, upon a finding pursuant to this section that there has not been a violation of this chapter, shall issue an order dismissing the complaint, and if it finds the complaint to be frivolous, unreasonable, or groundless, the commission shall require the person filing the complaint to pay a civil penalty of not more than five thousand dollars ($5,000), all or part of which may be paid to the subject of the complaint in reimbursement of said subjects reasonable expense of defense.
R.I. Gen. Laws § 36-7-18 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-18
§ 36-7-18. Interval between referenda.
Status: in_force

Should a referendum fail to gain approval, a subsequent referendum among members of the retirement system shall not be held until a period of at least three (3) years has elapsed.
R.I. Gen. Laws § 36-13-6 — RI Code / Title 36 / Chapter 36-13 / Section 36-13-6
§ 36-13-6. Other benefits unaffected.
Status: in_force

The deferred compensation program established by this chapter shall exist and serve in addition to retirement, pension, or benefit systems established by the state, county, city, town, or other political subdivision, and no deferral of income under the deferred compensation program shall affect a reduction of any retirement, pension, or other benefit provided by law.
R.I. Gen. Laws § 36-3-15 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-15
§ 36-3-15. Legal assistance to division.
Status: in_force

The attorney general shall advise and assist the division and shall prosecute violations of all laws relating to the division.
R.I. Gen. Laws § 36-10-12 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-12
§ 36-10-12. Retirement for ordinary disability.
Status: in_force

(a) Application for ordinary disability may be made by a member, his or her department head, or a person acting in the members behalf, while in active service or on leave of absence for illness, provided that the member has had five (5) or more years of total service of which at least three (3) consecutive years shall have been as an employee of the state or as a teacher as defined in chapter 16 of title 16 and the member is not entitled to a regular service retirement allowance. A statement from a physician shall accompany the application stating that the member is physically or mentally incapacitated for the performance of duty and that he or she should be retired.

(b) A medical examination of the member shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the member is physically or mentally incapacitated for the performance of duty and ought to be retired, the physicians shall so report and certify to the retirement board, and the retirement board may retire the member for ordinary disability.

(c) The retirement board shall establish uniform eligibility requirement standards and criteria for ordinary disability which shall apply to all members who make application for retirement for ordinary disability.
R.I. Gen. Laws § 36-4-24 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-24
§ 36-4-24. Removal of disqualified names from lists.
Status: in_force

The personnel administrator may remove the name of any person from any list or lists who is physically so disabled as to be rendered unfit for performance of the required duties; or who is addicted to the use of narcotics or excessive use of intoxicating liquors; or who has been found guilty of any infamous or notoriously disgraceful conduct; or who has made false statement of material fact in his or her application; or who has terminated or retired from state service, except as provided under § 36-4-23.1; and those individuals who have had their certification notices returned with no forwarding address provided the notice was sent by certified mail.
R.I. Gen. Laws § 36-14-1 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-1
§ 36-14-1. Declaration of policy.
Status: in_force

It is the policy of the state of Rhode Island that public officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable, responsive, avoid the appearance of impropriety, and not use their position for private gain or advantage.
R.I. Gen. Laws § 36-10-38 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-38
§ 36-10-38. Combined service credits of general state officers.
Status: in_force

When a person has combined and transferred service credits, earned as a member of the Rhode Island municipal retirement system, to the state retirement system, and the service amounts to not less than twenty (20) years in the aggregate as a general state officer and/or as an elected officer of a town or city, as defined in § 45-21-2, the service credits of the person may be deemed to be consecutive service to the state as provided by this chapter.
R.I. Gen. Laws § 36-8-20 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-20
§ 36-8-20. Internal Revenue Code qualification.
Status: in_force

(a) Intent. It is intended that the retirement system satisfy the requirements of § 401(a) of the Internal Revenue Code of 1986 as amended from time to time, 26 U.S.C. § 401 (hereinafter referred to as the code), in form and operation, to the extent that those requirements apply to a governmental plan described in § 414(d) of the code, 26 U.S.C. § 414. To this end, the following provisions shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the retirement system, and shall supersede any conflicting provisions of chapters 8  10 of this title, of chapter 16 of title 16, or of chapter 21 of title 45.

(b) Exclusive benefit. All funds of the retirement systems shall be held in one or more trusts, in one or more custodial accounts treated as trusts in accordance with § 401(f) of the code, or in a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries, for any part of the corpus or income to be used for, or diverted to, purposes other than the payment of retirement allowances and other pension benefits to employees and their beneficiaries. However, this requirement shall not prohibit: (1) the return of a contribution within six (6) months after the executive director determines that the contribution was made by a mistake of fact; or (2) the payment of expenses of the retirement system in accordance with applicable law.

(c) Vesting on plan termination. In the event of the termination (within the meaning of the code) of the retirement system, the accrued benefits of eligible employees shall become fully and immediately vested but only to the extent those benefits are already funded.

(d) Forfeitures. Credits forfeited by an employee pursuant to § 36-10-8, § 16-16-31, or § 45-21-28 shall not be applied to increase the benefits of any other employee.

(e) Required distributions. Distributions shall begin to be made not later than the employees required beginning date as defined under § 401(a)(9) of the code and shall be made in accordance with all other requirements of that code section.

(f) Limitation on benefits. Benefits shall not be payable to the extent that they exceed the limitations imposed by § 415 of the code, 26 U.S.C. § 415, as adjusted from time to time pursuant to § 415(d) of the code. In no event shall the member receive a retirement benefit in any year that exceeds the limitations set forth in § 415(b).

(g) Limitation on compensation. Benefits and contributions shall not be computed with reference to any compensation that exceeds the maximum dollar amount permitted by § 401(a)(17) of the code as adjusted for increases in the cost-of-living. This provision shall take effect July 1, 1994, and shall apply only with respect to an employee who first becomes a member of the retirement system on or after that date.

(h) Actuarial determination. Whenever the amount of any employees benefit is to be determined on the basis of actuarial assumptions done by a professional actuary, those assumptions shall be specified by resolution of the retirement board.

(i) Direct rollovers. Any individual withdrawing any distribution from the retirement system which constitutes an eligible rollover distribution within the meaning of § 402(c) of the code, 26 U.S.C. § 402, may elect, in the time and manner prescribed by the retirement board and after receipt of proper notice, to have any portion of the distribution paid directly to another plan that is qualified under § 401(a) or 403(a), 26 U.S.C. § 403(a), of the code, or to an individual retirement account or annuity described in § 408(a) or (b) of the code, 26 U.S.C. § 408, in a direct rollover.
R.I. Gen. Laws § 36-10-39 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-39
§ 36-10-39. Fiscal impact of proposed legislation impacting the retirement system.
Status: in_force

Proposed legislation which directly impacts the retirement system can potentially affect the benefits of all plan participants and beneficiaries. Since it is in the best interests of plan participants and beneficiaries to determine the financial consequences of any proposed legislation which would directly impact the states liability to the retirement system, such legislation shall not be approved by the general assembly unless an explanatory statement or note, prepared and paid for by the employees retirement system of the state of Rhode Island is appended to the proposed legislation which actuarially calculates, based upon approved retirement board assumptions, the projected twenty (20) year cost of the proposed legislation. These statements or notes shall be known as pension impact notes, and they shall accompany each such bill or resolution prior to consideration of the house in which the bill or resolution originated. The reasonable cost of preparing pension impact notes shall be charged as an administrative expense and paid from the retirement systems restricted receipts account established pursuant to § 36-8-10.1. Only the chair of the senate committee on finance with the approval of the president of the senate can request a pension impact note on proposed legislation that originates in the senate. Only the chair of the house committee on finance with the approval of the speaker of the house can request a pension impact note on proposed legislation that originates in the house. The governor can request a pension impact note on proposed legislation recommended in the appropriation acts required by §§ 35-3-7 or 35-3-8. This section shall be in addition to the requirements of chapter 12 of title 22.
R.I. Gen. Laws § 36-7-20 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-20
§ 36-7-20. Expense of referendum.
Status: in_force

The expense incident to the holding of a referendum shall be assumed by the state.
R.I. Gen. Laws § 36-4-48 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-48
§ 36-4-48. Certification of payrolls and accounts.
Status: in_force

All payrolls for the payment of a salary or other compensation for personal services shall contain the names of every person to be paid and shall be certified to the state controller by the appointing authority or his or her duly authorized agent to the effect that the persons named on the payroll or account have been appointed or employed or otherwise established in their positions according to the provisions of law and that the payroll is in conformity with the merit system act and existing state personnel rules.
R.I. Gen. Laws § 36-9-42 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-42
§ 36-9-42. Rhode Island economic development corporation  Transferred employees.
Status: in_force

(a) Definitions. For the purposes of this section:

(1) Economic development corporation means the Rhode Island economic development corporation, a governmental agency and public instrumentality of the state of Rhode Island.

(2) Employee contribution accumulation means an amount equal to the total member contributions of the transferred employees which were picked up and paid by the economic development corporation to the trust maintained by the economic development corporation to receive the contributions during the interim period plus actual earnings on those contributions. The employee contribution accumulation attributable to each transferred employee shall be treated as the employees accumulated contributions for purposes of chapter 9 and 10 of this title.

(3) Employer contribution accumulation means an amount equal to the required contributions applicable to the interim period.

(4) Interim period means the period from the transfer date to the date that the requirement of subsection (c) is satisfied.

(5) Required contribution means the amount or amounts required to be contributed to the retirement system by the economic development corporation in addition to the member contributions of the transferred employees in order to fund the benefits attributable to the transferred employees earned after the transfer date in accordance with the provisions of this section. The amount of the economic development corporations required contribution for any relevant period following the transfer date shall be an amount determined by multiplying the rate percent established in accordance with § 36-10-2 for the period by the compensation paid by the economic development corporation to the transferred employees during such period. The economic development corporation shall make its required contribution, other than the required contribution for the interim period, in bi-weekly installments, each to be made within three (3) business days following the pay day. The required contribution applicable to the interim period shall be made in accordance with the provisions of subsection (c) of this section.

(6) Transfer date means the effective date of this article.

(7) Transferred employee means any individual who was an employee of the department of economic development of the state of Rhode Island on the date immediately preceding the transfer date and was an active member of the retirement system on the date immediately preceding the transfer date and who became an employee of the economic development corporation on the transfer date.

(b) Subject to subsections (c), (d), and (e) of this section, the period of service of any transferred employee with the economic development corporation after the transfer date shall be treated as service as an employee of the state of Rhode Island for purposes of Chapters 8, 9, and 10 of this title.

(c) The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section, the economic development corporation transfers or causes to have transferred from a trustee or other custodian to the retirement system, an amount equal to the sum of the employee contribution accumulation and the employer contribution accumulation.

(d) Notwithstanding the foregoing, any individual who is a transferred employee shall not be considered an employee of the state of Rhode Island under subsection (b) for any period of employment during which he or she elects to participate in any other retirement income benefit funded by the economic development corporation under a retirement plan sponsored by the economic development corporation and intended to qualify under § 401(a)(4), 26 U.S.C. 401(a)(4), of the United States Internal Revenue Code.

(e) Provided the requirement of subsection (c) of this section is satisfied:

(1) Any retirement or death benefit provided to or on behalf of a transferred employee during the interim period by the economic development corporation, or a trust established and maintained by the economic corporation shall be considered provided by the retirement system and the amount of benefit paid by the economic development corporation or the trustee shall reduce the amount required to be transferred to the retirement system under subsection (c) of this section.

(2) Subsection (b) shall continue to apply after the date of transfer specified in subsection (c) with respect to the period for which the economic development corporation thereafter makes its required contribution to the retirement system. In the event that the economic development corporation ceases to make its required contribution, the transferred employees shall be considered inactive members of the retirement system as of the date of cessation.

(3) The member contributions of the transferred employees shall be considered picked up and paid by the economic development corporation to the retirement system after the interim period pursuant to the provisions of § 414(h)(2), 26 U.S.C. 414(H)(2), of the United States Internal Revenue Code. The contributions so picked up shall be treated as employer contributions in determining the tax treatment under the United States Internal Revenue Code and shall not be included as gross income of the transferred employee until such time as they are distributed.

(4) All transferred employees who are contributing members of the employees retirement system shall continue as members unless they elect to cease contributions as of October 31, 1995. Any transferred employee who has contributed for at least ten (10) years may elect to participate in an alternative retirement program and still maintain vested rights to a pension within the employees retirement system. All transferred employees shall have ninety (90) days to make their election to participate in an alternative retirement program.
R.I. Gen. Laws § 36-9-36 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-36
§ 36-9-36. Narragansett Bay water quality management commission  Merger  New employees.
Status: in_force

(a) In the event that the Narragansett Bay water quality management commission, hereinafter referred to as commission, shall acquire a sewage treatment facility, hereinafter referred to as facility, of any city, town, or district, or in the event of the merger or consolidation of a facility into or with the commission, then any employee of the facility who subsequently becomes and remains an employee of the commission who is a collectively bargained employee (within the meaning of § 410(b)(3)(A) of the Internal Revenue Code [26 U.S.C. § 410(b)(3)(A)]) may elect to be treated as a transferred employee pursuant to § 36-9-44 and shall be granted service credits for his or her term of service with the facility prior to the transfer, provided:

(1) An actuarial study is made to determine the cost to include each new member of the system; and

(2) The contributions of both the employer and employee made prior to the transfer are paid to the state employees retirement fund.

(b) If the employee elects not to have his or her funds transferred then that employee shall not receive credit for any prior service.

(c) Each employee shall have six (6) months from the time he or she becomes an employee of the commission to decide whether or not the employee wishes to have their funds transferred and receive credit for their prior service.
R.I. Gen. Laws § 36-14-11 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-11
§ 36-14-11. Advisory powers of the commission.
Status: in_force

(a) The commission is hereby empowered to issue, at the request of any person covered by the Rhode Island code of ethics in government, advisory opinions on the requirements of this chapter.

(b) Any advisory opinion rendered pursuant to this section must be approved, prior to issuance, by a majority of the members of the commission.

(c) Any advisory opinion rendered by the commission, until amended or revoked by a majority vote of the commission, shall be binding on the commission in any subsequent proceedings concerning the person who requested the opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion.
R.I. Gen. Laws § 36-6-7 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-7
§ 36-6-7. Fees turned over to general treasurer.
Status: in_force

It shall be the duty of any deputy sheriff to turn over to the general treasurer at least once each month all fees received by him or her in his or her official capacity as deputy sheriff. It shall be the duty of the clerks of all district courts and the clerks of all superior courts to turn over to the general treasurer at least once each month all fees actually collected by them under the laws of the state in their official capacities as clerks of the several courts, excepting however, all naturalization fees received by any clerk. In the event that any state official or employee fails for a period of more than one month to turn over all fees collected by him or her during the previous month, it shall be the duty of the general treasurer to notify the attorney general who, if he or she is of the opinion that there has been a dereliction of duty, shall immediately proceed in any proper action of law to recover the sum due the state.
R.I. Gen. Laws § 36-5-7 — RI Code / Title 36 / Chapter 36-5 / Section 36-5-7
§ 36-5-7. State employees  Veterans.
Status: in_force

(a) Any person who is an honorably discharged veteran of the armed forces of the United States and who has completed fifteen (15) or more years, not necessarily consecutive of service credit, those credits having been earned in either the classified, nonclassified, or unclassified service of the state or a combination of both, shall be deemed to have acquired full status in the position he or she holds at the time of obtaining fifteen (15) years of service credit. For any other position he or she may hold subsequent to the obtaining fifteen (15) years of service credit, the person, subject to a then existing list, shall be deemed to have acquired full status in the subsequent position and shall be protected by the provisions of this chapter; providing, however:

(1) That military service not to exceed four (4) years of active service shall constitute service credit within the meaning of this section;

(2) That in case of layoff or the abolition of a position through reorganization or otherwise, any person in that position or subject to layoff, who has full status, otherwise qualified under this section, shall be retained within the state services in a position of similar grade;

(3) That this section shall not apply to employees of the state government whose method of appointment, salary, and term of office is specified by statute;

(4) That all employees otherwise qualified under this section shall be subject to all of the provisions of dismissal and appeal as elsewhere described in this chapter.

(b) This section shall not apply to those employees whose base entry date is after August 7, 1996.
R.I. Gen. Laws § 36-9-25.1 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-25.1
§ 36-9-25.1. Leave service credits.
Status: in_force

(a) Notwithstanding any other provisions of the retirement law or rulings of the retirement board in accordance with the powers vested therein, state employees with at least one year of service who have been granted by their appointing authority a leave of absence without pay to further their education in the field of their state employment, shall be entitled to credit as service for the various purposes of their retirement system, provided the person, upon completion of his or her educational leave, returns to state service for at least one year; and provided further that the employee makes arrangements to pay into the retirement system on or before the date of retirement and in such manner as the retirement board may prescribe an amount equal to the full actuarial cost as defined in § 36-8-1(10) based upon his or her expected compensation but for the granting of leave without pay.

(b) Any state employee who is granted a leave of absence without pay for illness, injury, or any other reason may receive credit therefor by making the full actuarial cost as defined in § 36-8-1(10); provided the employee returns to state service for at least one year upon completion of the leave. Credit for leaves of absence shall be limited in the aggregate during the total service of an employee to a period of four (4) years.
R.I. Gen. Laws § 36-4-42 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-42
§ 36-4-42. Appeal from appointing authority to appeal board.
Status: in_force

Any state employee with provisional, probationary, or permanent status who feels aggrieved by an action of an appointing authority resulting in a demotion, suspension, layoff, or dismissal or by any personnel action which an appointing authority might take which causes the person to believe that he or she had been discriminated against because of his or her race, sex, age, disability, or his or her political or religious beliefs, may, within thirty (30) calendar days of the mailing of the notice of that action, appeal in writing to the personnel appeal board for a review or public hearing. Within thirty (30) days after conclusion of the hearing the personnel appeal board shall render a decision and shall notify the affected employee and other interested parties of the decision which may confirm or reduce the demotion, suspension, layoff, or dismissal of the employee or may reinstate the employee and the board may order payment of part or all of the salary to the employee for the period of time he or she was demoted, suspended, laid off, or dismissed. The decision of the board shall be final and binding upon all parties concerned, and upon the finding of the personnel administrator, or upon appeal, in favor of the employee, the employee shall be forthwith returned to his or her office or position without loss of compensation, seniority, or any other benefits he or she may have enjoyed, or under such terms as the appeal board shall determine. The employee who is returned to his or her office or position by the appeal board following a review or public hearing shall be granted by the state of Rhode Island counsel fees, payable to his or her representative counsel, of fifty dollars ($50.00) for each day his or her counsel is required to appear before the appeal board in the behalf of the aggrieved employee.
R.I. Gen. Laws § 36-14-5 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-5
§ 36-14-5. Prohibited activities.
Status: in_force

(a) No person subject to this code of ethics shall have any interest, financial or otherwise, direct or indirect, or engage in any business, employment, transaction, or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, as defined in § 36-14-7.

(b) No person subject to this code of ethics shall accept other employment which will either impair his or her independence of judgment as to his or her official duties or employment or require him or her, or induce him or her, to disclose confidential information acquired by him or her in the course of and by reason of his or her official duties.

(c) No person subject to this code of ethics shall willfully and knowingly disclose, for pecuniary gain, to any other person, confidential information acquired by him or her in the course of and by reason of his or her official duties or employment or use any information for the purpose of pecuniary gain.

(d) No person subject to this code of ethics shall use in any way his or her public office or confidential information received through his or her holding any public office to obtain financial gain, other than that provided by law, for him or herself or any person within his or her family, any business associate, or any business by which the person is employed or which the person represents.

(e) No person subject to this code of ethics shall:

(1) Represent him or herself before any state or municipal agency of which he or she is a member or by which he or she is employed. In cases of hardship, the ethics commission may permit such representation upon application by the official provided that he or she shall first:

(i) Advise the state or municipal agency in writing of the existence and the nature of his or her interest in the matter at issue;

(ii) Recuse him or herself from voting on or otherwise participating in the agencys consideration and disposition of the matter at issue; and

(iii) Follow any other recommendations the ethics commission may make to avoid any appearance of impropriety in the matter.

(2) Represent any other person before any state or municipal agency of which he or she is a member or by which he or she is employed.

(3) Act as an expert witness before any state or municipal agency of which he or she is a member or by which he or she is employed with respect to any matter the agencys disposition of which will or can reasonably be expected to directly result in an economic benefit or detriment to him or herself, or any person within his or her family, or any business associate of the person, or any business by which that person is employed or which the person represents.

(4) Shall engage in any of the activities prohibited by subsection (e)(1), (e)(2), or (e)(3) of this section for a period of one year after he or she has officially severed his or her position with said state or municipal agency; provided, however, that this prohibition shall not pertain to a matter of public record in a court of law.

(f) No business associate of any person subject to this code of ethics shall represent him or herself or any other person, or act as an expert witness before the state or municipal agency of which the person is a member or by which the person is employed unless:

(1) He or she shall first advise the state or municipal agency of the nature of his or her business relationship with the person subject to this code of ethics; and

(2) The person subject to this code of ethics shall recuse him or herself from voting on or otherwise participating in the agencys consideration and disposition of the matter at issue.

(g) No person subject to this code of ethics, or spouse (if not estranged), dependent child, or business associate of the person, or any business by which the person is employed or which the person represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the person would be influenced thereby.

(h) No person subject to this code of ethics, or any person within his or her family or business associate of the person, or any business entity in which the person or any person within his or her family or business associate of the person has a ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest, shall enter into any contract with any state or municipal agency unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded; provided, however, that contracts for professional services which have been customarily awarded without competitive bidding shall not be subject to competitive bidding if awarded through a process of public notice and disclosure of financial details.

(i) No person shall give or offer to any person covered by this code of ethics, or to any candidate for public office, or to any person within his or her family or business associate of any person, or to any business by which the person is employed or which the person represents, any gift, loan, political contribution, reward, or promise of future employment based on any understanding or expectation that the vote, official action, or judgment of the person would be influenced thereby.

(j) No person shall use for any commercial purpose information copied from any statements required by this chapter or from lists compiled from the statements.

(k) No person shall knowingly and willfully make a false or frivolous complaint under this chapter.

(l) No candidate for public office, or any person within his or her family, business associate of the candidate, or any business by which the candidate is employed or which the candidate represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the candidate would be influenced thereby.

(m) No person subject to this code of ethics shall, either directly or indirectly, through any government agency, or through a business associate, or through any other person, threaten or intimidate any complainant or witness or any family member of any complainant or witness in any proceeding before the state ethics commission.

(1) In addition to any rights a complainant or witness may have under the Rhode Island Whistleblowers Protection Act, chapter 50 of title 28 or under any other statute, a complainant or witness may bring a civil action in superior court for appropriate injunctive relief, or actual damages, or both and attorneys fees within three (3) years after the occurrence of the alleged violation of subsection (m) above.

(2) The initiation of litigation by a complainant or witness pursuant to subsection (m)(1) shall not constitute a violation of any confidentiality provisions of this chapter.

(n)(1) No state elected official, while holding state office and for a period of one year after leaving state office, shall seek or accept employment with any other state agency, as defined in § 36-14-2(8)(i), other than employment which was held at the time of the officials election or at the time of enactment of this subsection, except as provided herein.

(2) Nothing contained herein shall prohibit any general officer or the general assembly from appointing any state elected official to a senior policy-making, discretionary, or confidential position on the general officers or the general assemblys staff, and in the case of the governor, to a position as a department director; nor shall the provisions herein prohibit any state elected official from seeking or accepting a senior policy-making, discretionary, or confidential position on any general officers or the general assemblys staff, or from seeking or accepting appointment as a department director by the governor.

(3) Nothing contained herein shall prohibit a state elected official from seeking or being elected for any other constitutional office.

(4) Nothing contained herein shall prohibit the Rhode Island ethics commission from authorizing exceptions to this subsection where such exemption would not create an appearance of impropriety.

(o)(1) No person holding a senior policy-making, discretionary, or confidential position on the staff of any state elected official or the general assembly shall seek or accept any other employment by any state agency as defined in § 36-14-2(8)(i), while serving as such policy-making, discretionary, or confidential staff member and for a period of one year after leaving that state employment as a member of the state elected officials or the general assemblys senior policy-making, discretionary, or confidential staff.

(2) Notwithstanding the foregoing, a person holding a senior policy-making, discretionary, or confidential staff position who has a minimum of five (5) years of uninterrupted state service shall be exempt from the provisions of this section. State service as used herein means service in the classified, unclassified and nonclassified services of the state, but shall not include service in any state elective office.

(3) Nothing contained herein shall prohibit any general officer or the general assembly from appointing any such senior policy-making, discretionary, or confidential member of the staff of any state elected official or the general assembly to any other senior policymaking, discretionary, or confidential position on any general officers or the general assemblys staff, and in the case of the governor, to a position as a department director; nor shall the provisions hereof prohibit any senior policy-making, discretionary, or confidential member of the staff of any state elected official or the general assembly from seeking or accepting any other senior policy-making, discretionary, or confidential position on any general officers or the general assemblys staff, or from seeking or accepting appointment as a department director by the governor.

(4) Nothing contained herein shall prohibit a person holding a senior policy-making, discretionary, or confidential staff position from seeking or being elected for any constitutional office.

(5) Nothing contained herein shall prohibit the Rhode Island ethics commission from authorizing exceptions to this subsection where such exemption would not create an appearance of impropriety.
R.I. Gen. Laws § 36-7-30 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-30
§ 36-7-30. Assurance of payment of amounts due from state agencies.
Status: in_force

In order to secure the payment to the general treasurer of the sums required to be paid under this chapter by agencies of the state and to provide a guaranty of payment thereof similar to the guaranty provided for payments by a city or town, the general treasurer may require from any agency of the state reasonable assurance of payment to the state of the sums to be paid under this chapter during annual periods by guaranty, bond, or similar assurance satisfactory to the general treasurer.
R.I. Gen. Laws § 36-6-12 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-12
§ 36-6-12. Deductions for hospitalization or medical service payments.
Status: in_force

The general treasurer and the director of administration shall adopt procedures for and apply the provisions of state payroll deduction for state officers and employees for payments to any nonprofit hospital service corporation organized pursuant to chapter 19 of title 27, or to any other charitable organization authorized to do business in this state under the laws of this state or of the United States under any plan for hospitalization or medical service, and those payments shall be deducted from the payroll by the general treasurer and the director of administration and remitted by them from time to time to the corporation or other organization, as the case may be; provided, however, that neither the general treasurer, the director of administration, nor the state shall incur any liability to the corporation, other charitable organization, or to any officer or employee of this state by reason hereof or by reason of any failure to make the deduction or remittance.
R.I. Gen. Laws § 36-10-19.1 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-19.1
§ 36-10-19.1. Optional annuity protection  In service.
Status: in_force

(a) Upon the death of a member having: (1) At least ten (10) years of membership service on or before June 30, 2012; or (2) For active contributing members on or after July 1, 2012, at least five (5) years of membership service, the spouse or domestic partner of the member shall have the option to elect to receive option one as provided in § 36-10-18(a) in lieu of a return of contributions, provided the spouse or domestic partner is the designated beneficiary of the members retirement account. The election shall be based upon the amount of retirement allowance or actuarial equivalent that may accrue at the date of death of the member.

(b) The election under option one of § 36-10-18(a) for a person other than the spouse or domestic partner of the member may be made by the member, while in service, provided the member has (1) At least ten (10) years of membership service on or before June 30, 2012, and before retirement; or (2) For active contributing members on or after July 1, 2012, at least five (5) years of membership service and before retirement, on a form prescribed by the retirement board. The election shall be based upon the amount of retirement allowances or actuarial equivalents that may accrue at the date of death of the member, provided that the election form is executed and filed with the retirement board prior to the date of death. The election may be revoked or modified by the member at any time prior to the date of retirement on a form prescribed by the retirement board.

(c) Upon the death of a member, the option shall become effective thirty (30) days after the first day of the calendar month next following the date of death of the member if death occurs while in an employee status. Should death occur while in an inactive member status, the option under this section shall become payable on the first of the month next succeeding that in which the designated beneficiary attains the age of sixty (60) years.
R.I. Gen. Laws § 36-7-7 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-7
§ 36-7-7. Filing of resolution, ordinance, or vote  Contributions  Effective date.
Status: in_force

The resolution, ordinance, or vote, when adopted, shall be filed with the general treasurer of the state. Upon notification by the general treasurer that the provisions of this agreement have been approved by the secretary and are in full force and effect as of the effective date of participation of the city, town, or agency of the state, the appropriate officials thereof shall begin to withhold the contribution required from those employees for that coverage and to allocate from its corporate fund an amount equal to the amount of tax which would be imposed upon an employer by § 3111 of the federal Insurance Contributions Act, 26 U.S.C. § 3111, if the services for the political subdivision covered by the federal state agreement constituted employment within the meaning of the act. The contributions by the employees and the employer shall accrue beginning as of the effective date of participation of such city, town, or agency of the state as specified by the general treasurer. Unless otherwise specified in the resolution, ordinance, or vote and agreed to by the general treasurer and the secretary, the effective date of participation of any city, town, or agency of the state shall be the first day of the calendar year in which the ordinance, resolution, or vote shall be adopted.
R.I. Gen. Laws § 36-1-8 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-8
§ 36-1-8. Tenure of officers elected by general assembly.
Status: in_force

All persons who have been or may hereafter be legally elected to any office by the general assembly shall severally continue in and hold their respective offices for and during the term for which they were severally elected and until their respective successors are elected and qualified to act.
R.I. Gen. Laws § 36-14-3 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-3
§ 36-14-3. Code of ethics.
Status: in_force

Sections 36-14-4  36-14-7 shall constitute the Rhode Island code of ethics in government.
R.I. Gen. Laws § 36-6-16 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-16
§ 36-6-16. Credit union deductions.
Status: in_force

The controller shall adopt a procedure for and apply the provisions of state payroll deduction for state officers and employees for payments to the Rhode Island state employees credit union, (a corporation founded under the banking laws of the state of Rhode Island on August 16, 1946, first, to help state employees build for the future by a regular savings plan, encouraged by interest, or dividends, that the profits would allow it to pay, and, secondly, to aid those in need by advancing money, repayable over a period of time in biweekly installments, at the lowest possible rate of interest), and to the credit union of the American federation of state, county, and municipal employees, (a corporation founded under the banking laws of the state of Rhode Island on February 28, 1963, first to help the members of the local union chapters of that federation build for the future by a regular savings plan, encouraged by interest, or dividends, that the profits would allow it to pay, and, secondly, to aid those in need by advancing money, repayable over a period of time in biweekly installments, at the lowest possible rate of interest as the case may be), and those payments shall be deducted from the payroll by the controller and general treasurer and remitted by them from time to time to the Rhode Island state employees credit union and to the credit union of the American federation of state, county, and municipal employees as the case may be; provided, however, that no deduction shall be made without a written authorization being filed by the employee with the controller; provided, further, however, that neither the controller, the general treasurer, nor the state shall incur any liability to the Rhode Island state employees credit union or to the credit union of the American federation of state, county, and municipal employees, or to any officer or employee of this state, or to any officer, director, or member of those credit unions by reason hereof or by reason of any failure to make any deduction or remittance.
R.I. Gen. Laws § 36-8-17 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-17
§ 36-8-17. Improper interest in investments of board.
Status: in_force

Except as herein provided, no member of the board and no employee of the board shall have any interest, direct or indirect, in the gains or profits of any investment made by the retirement board, nor as such directly or indirectly receive any pay or emolument for his or her services. No member of the board or employee of the board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the gains or profits, except to make such current and necessary payments as are authorized by the retirement board; nor shall any member or employee of the board become an endorser or surety or become in any manner an obligor for money loaned or borrowed from the retirement board.
R.I. Gen. Laws § 36-10-36.1 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-36.1
§ 36-10-36.1. Post-retirement employment related to COVID-19.
Status: in_force

(a) Notwithstanding any public or general law, or rule or regulation to the contrary, any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45 may, as part of the public health crisis caused by COVID-19, exceed the seventy-five-day (75) cap on post-retirement employment upon:

(1) A determination by the local education authority that there exists a specialized need, within their authority, to fill positions on a temporary basis, that may exceed the seventy-five-day (75) cap on post-retirement employment;

(2) There exists a good-faith basis that those retired teachers, administrators, and staff members being asked to exceed the seventy-five-day (75) cap on post-retirement employment possess the skills, training, and knowledge necessary to help address the public health crisis caused by COVID-19; and

(3) The local education authority has notified the state retirement board that it has determined that exceeding the seventy-five-day (75) cap on post-retirement employment is necessary to help address the public health crisis caused by COVID-19.

(b) Any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45, and has been employed or re-employed under the provisions of this section, shall not be entitled to additional service credits for such employment.

(c) Unless extended by the general assembly, this section shall sunset upon the conclusion of the 2021-2022 school year.