R.I. Gen. Laws § 36-10-35 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-35
§ 36-10-35. Additional benefits payable to retired employees.
Status: in_force

(a) All state employees and all beneficiaries of state employees receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this title on or before December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for each calendar year the retirement allowance has been in effect. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. This cost of living adjustment shall be added to the amount of the retirement allowance as of January 1, 1968, and an additional one and one-half percent (1.5%) shall be added to the original retirement allowance in each succeeding year during the month of January, and provided further, that this additional cost of living increase shall be three percent (3%) for the year beginning January 1, 1971, and each year thereafter, through December 31, 1980. Notwithstanding any of the above provisions, no employee receiving any service retirement allowance pursuant to the provisions of this title on or before December 31, 1967, or the employees beneficiary, shall receive any additional benefit hereunder in an amount less than two hundred dollars ($200) per year over the service retirement allowance where the employee retired prior to January 1, 1958.

(b) All state employees and all beneficiaries of state employees retired on or after January 1, 1968, who are receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this title shall, on the first day of January next following the third anniversary date of the retirement, receive a cost of living retirement adjustment, in addition to their retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter through December 31, 1980, during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, not compounded, to be continued during the lifetime of the employee or beneficiary. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the service retirement allowance.

(c)(1) Beginning on January 1, 1981, for all state employees and beneficiaries of the state employees receiving any service retirement and all state employees, and all beneficiaries of state employees, who have completed at least ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of this chapter, and for all state employees, and all beneficiaries of state employees who receive a disability retirement allowance pursuant to §§ 36-10-12  36-10-15, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement allowance or the retirement allowance as computed in accordance with § 36-10-35.1, compounded annually from the year for which the cost of living adjustment was determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section. Such cost of living adjustments are available to members who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.

(2) The provisions of this subsection shall be deemed to apply prospectively only and no retroactive payment shall be made.

(3) The retirement allowance of all state employees and all beneficiaries of state employees who have not completed at least ten (10) years of contributory service on or before July 1, 2005, or were not eligible to retire as of September 30, 2009, shall, on the month following the third anniversary date of retirement, and on the month following the anniversary date of each succeeding year be adjusted and computed by multiplying the retirement allowance by three percent (3%) or the percentage of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year, whichever is less; the cost of living adjustment shall be compounded annually from the year for which the cost of living adjustment was determined payable by the retirement board; provided, that no adjustment shall cause any retirement allowance to be decreased from the retirement allowance provided immediately before such adjustment.

(d) For state employees not eligible to retire in accordance with this chapter as of September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living adjustment described in subsection (c)(3) of this section shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000) of retirement allowance, as indexed, shall be multiplied by the percentage of increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less, on the month following the anniversary date of each succeeding year. For state employees eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the provisions of this subsection (d) shall not apply.

(e) All legislators and all beneficiaries of legislators who are receiving a retirement allowance pursuant to the provisions of § 36-10-9.1 for a period of three (3) or more years, shall, commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to a retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, compounded annually, to be continued during the lifetime of the legislator or beneficiary. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the service retirement allowance.

(f) The provisions of §§ 45-13-7  45-13-10 shall not apply to this section.

(g) This subsection (g) shall be effective for the period July 1, 2012, through June 30, 2015.

(1) Notwithstanding the prior paragraphs of this section, and subject to subsection (g)(2) below, for all present and former employees, active and retired members, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the subtrahend) from the Five-Year Average Investment Return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the members retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage as determined under (g)(1)(A) above. The Five-Year Average Investment Return shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. Subject to subsection (g)(2) below, the benefit adjustment provided by this subsection (g)(1) shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches their Social Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.

(2) Except as provided in subsection (g)(3), the benefit adjustments under this section for any plan year shall be suspended in their entirety unless the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all members for such plan year.

In determining whether a funding level under this subsection (g)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.

(3) Notwithstanding subsection (g)(2), in each fifth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five plan years, a benefit adjustment shall be calculated and made in accordance with subsection (g)(1) above until the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, exceeds eighty percent (80%).

(4) Notwithstanding any other provision of this chapter, the provisions of this subsection (g) shall become effective July 1, 2012, and shall apply to any benefit adjustment not granted on or prior to June 30, 2012.

(h) This subsection (h) shall become effective July 1, 2015.

(1)(A) As soon as administratively reasonable following the enactment into law of this subsection (h)(1)(A), a one-time benefit adjustment shall be provided to members and/or beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent (2%) of the lesser of either the members retirement allowance or the first twenty-five thousand dollars ($25,000) of the members retirement allowance. This one-time benefit adjustment shall be provided without regard to the retirees age or number of years since retirement.

(B) Notwithstanding the prior subsections of this section, for all present and former employees, active and retired members, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under this section for adjustments on and after January 1, 2016, and subject to subsection (h)(2) below, shall be equal to (I) multiplied by (II):

(I) shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:

(i) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the subtrahend) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%). The five-year average investment return shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.

(ii) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).

(II) is equal to the lesser of either the members retirement allowance or the first twenty-five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be indexed annually in the same percentage as determined under subsection (h)(1)(B)(I) above.

The benefit adjustments provided by this subsection (h)(1)(B) shall be provided to all retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement or the date on which the retiree reaches their Social Security retirement age, whichever is later.

(2) Except for members and/or beneficiaries of members who retired on or before June 30, 2012, the benefit adjustments under subsection (h)(1)(B) for any plan year shall be reduced to twenty-five percent (25%) of the benefit adjustment unless the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all members for such plan year. Effective July 1, 2024, the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, of exceeding eighty percent (80%) for the benefit adjustment to be reinstated for all members for such plan year shall be replaced with seventy-five percent (75%).

In determining whether a funding level under this subsection (h)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.

(3) Effective for members and/or beneficiaries of members who retired after June 30, 2012, or on or before June 30, 2015, the dollar amount in subsection (h)(1)(B)(II) of twenty-five thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars ($31,026) until the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1, 2024, the funded ratio of the employees retirement system of Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the systems actuary on an aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent (75%).

(i) Effective for members and/or beneficiaries of members who have retired on or before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) days following the enactment of the legislation implementing this provision, and a second one-time stipend of five hundred dollars ($500) in the same month of the following year. These stipends shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable payment date and shall not be considered cost of living adjustments under the prior provisions of this section.
R.I. Gen. Laws § 36-7-8 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-8
§ 36-7-8. Termination of participation for failure of city, town, or agency to meet requirements.
Status: in_force

The general treasurer is authorized to terminate participation under the agreement of any city, town, or agency of the state, in his or her discretion, if he or she finds that there has been a failure to comply substantially with any provision contained in the resolution, ordinance, or vote, or under the federal state agreement, the termination to take effect at the expiration of the notice and under such conditions as may be provided under the federal state agreement consistent with the provisions of the federal Social Security Act, 42 U.S.C. § 301 et seq.
R.I. Gen. Laws § 36-14-20 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-20
§ 36-14-20. Construction.
Status: in_force

The provisions of this chapter shall be construed to be in addition to and not in substitution of any other provision of law not inconsistent herewith.
R.I. Gen. Laws § 36-4-34 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-34
§ 36-4-34. Transfers within classified service.
Status: in_force

An appointing authority may at any time transfer any classified employee under his or her jurisdiction from one position to another in the same class of position. In every such case the appointing authority shall give written notice of his or her action to the personnel administrator, according to the rules therefor prescribed. Transfer of a classified employee from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority may be made subject to rules established therefor, with the approval of the personnel administrator and of both appointing authorities concerned.
R.I. Gen. Laws § 36-1-1 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-1
§ 36-1-1. Inauguration of state officers and general assembly.
Status: in_force

The adjutant general is hereby authorized and empowered, with the advice and approval of the governor elect, to make all proper and suitable arrangements for the inauguration of the governor and other state officers and the general assembly on the first Tuesday of January in each year in which the inauguration occurs. The general assembly shall biennially appropriate such sums as it may deem necessary, out of any money in the treasury not otherwise appropriated, for the purpose of carrying out the provisions of this section, which amount shall cover the entire expense incurred on that occasion. The state controller is hereby authorized and directed to draw his or her order on the general treasurer for the inauguration expenses on the representation of vouchers duly audited by the adjutant general and approved by the governor.
R.I. Gen. Laws § 36-5-8 — RI Code / Title 36 / Chapter 36-5 / Section 36-5-8
§ 36-5-8. State employment tenure for disabled veterans.
Status: in_force

(a) Any person who is an honorably discharged veteran of the armed forces of the United States of America and is also receiving a disability pension from the United States government for a service connected disability and has completed ten (10) years or more 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 ten (10) years of service credit. For any other position he or she may hold subsequent to the obtaining ten (10) 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; provided, 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) Veteran is defined herein as any man or woman who has been engaged heretofore, is now or may hereafter be engaged in the active service of the armed forces of the United States with a minimum of ninety (90) days of active duty time served during any declared war, undeclared war, Korean campaign, conflict in Vietnam or any war, campaign, or conflict which the armed forces of the United States of America actively engages in.

(c) This section shall not apply to those employees whose base entry date is after August 7, 1996.
R.I. Gen. Laws § 36-7-15 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-15
§ 36-7-15. Notice of referendum  Benefits equal to retirement system.
Status: in_force

The notice of the referendum and the ballot to be used thereon shall contain a statement setting forth the changes or revisions to be made in the plan of benefit and contributions governing the retirement system, and the obligations which would be imposed on the members of the system if their services are included under an agreement pursuant to the provisions of this chapter. Total benefits to the present members, and to the dependents of those members, under the plan of coordination of the benefits of the retirement system with the old age and survivors insurance provisions of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq., shall at least be equal to the benefits payable to them under the retirement system prior to social security coverage.
R.I. Gen. Laws § 36-7-19 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-19
§ 36-7-19. Certification of results of referendum.
Status: in_force

Upon receipt of satisfactory proof with respect to a referendum that the conditions specified in § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3), have been met, the governor shall certify to the secretary that the conditions were met. Proper steps to give effect to the results of the referendum shall be taken by the general treasurer within a period of two (2) years of the date of the referendum.
R.I. Gen. Laws § 36-7-2 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-2
§ 36-7-2. Definitions.
Status: in_force

For the purposes of §§36-7-1  36-7-31, 36-7-33.1, and 36-7-35, the following terms shall have the meanings indicated unless different meanings are clearly expressed or required by the context:

(1) Agency of the state shall mean:

(i) All departments, divisions, agencies, and instrumentalities of the state which are not juristic entities, legally separate and distinct from the state;

(ii) Civilian employees of the Rhode Island national guard; or

(iii) Any instrumentality of the state such as fire districts, water districts, water authorities, sewer commissions and authorities, housing authorities, or other instrumentality of the state which are a juristic entity and legally separate and distinct from the state and if the employees of the instrumentality are not by virtue of their relation to juristic entity employees of the state. Without limiting the generality of the foregoing, examples of those agencies would be the Kent County water authority, the Providence housing authority, the Blackstone Valley sewer district commission, and other like instrumentalities of the state.

(2) City or town shall mean:

(i) Any city or town of the state of Rhode Island, inclusive of any department, division, agency, board, commission, or bureau thereof;

(ii) Any instrumentality of a city or town which is a juristic entity and legally separate and distinct from the city or town and if its employees are not by virtue of their relation to the juristic entity employees of the city or town; or

(iii) Any instrumentality of two or more citizens and/or towns which is a juristic entity as provided in subdivision (ii) hereof.

(3) IRC shall mean the Internal Revenue Code of 1986, as amended.

(4) Coverage group shall mean:

(i) All employees of the state other than those engaged in performing service in connection with a proprietary function;

(ii) All employees of a city or town other than those engaged in performing service in connection with a single proprietary function;

(iii) All employees of the state engaged in performing service in connection with a single proprietary function;

(iv) All employees of an agency of the state;

(v) All employees of a city or town of the state engaged in performing service in connection with a single proprietary function. If under the preceding sentence an employee would be included in more than one coverage group by reason of the fact that he or she performs service in connection with two (2) or more proprietary functions or in connection with both a proprietary function and a nonproprietary function, he or she shall be included in only one coverage group. The determination of the coverage group in which the employee shall be included shall be made in such manner as may be specified in the agreement. Members of retirement systems shall constitute separate coverage groups as provided in §36-7-10.

(5) Employee shall mean any officer or employee of any city, town, or agency of the state receiving salaries or wages for employment.

(6) Employment shall mean any service performed by an employee for wages as a member of a coverage group as herein defined, including service of an emergency nature, service in any class or classes of elective positions and service in part-time positions, but excluding the following:

(i) Service in a position the compensation for which is on a fee basis;

(ii) Service performed by election officials or election workers for calendar year 2003 in which the remuneration paid for that service is less than one thousand two hundred fifty dollars ($1,250), and for each calendar year after 2003 in which the remuneration paid is less than the adjusted amount in accordance with section 218(c)(8)(B) of the Social Security Act;

(iii) Service which under the federal Social Security Act may not be included in an agreement between the state and the secretary entered into under this chapter;

(iv)(A) Service which, in the absence of an agreement entered into under §§36-7-1  36-7-31, would constitute employment as defined in the federal Social Security Act. Service which under the federal Social Security Act may be included in an agreement only upon certification by the governor in accordance with §218(d)(3) of the federal Social Security Act, 42 U.S.C. §418(d)(3), shall be included in the term employment if and when the governor issues, with respect to that service, a certificate to the secretary, pursuant to §36-7-19.

(B) Notwithstanding any of the foregoing, if pursuant to §141 of P.L. 92-603, 42 U.S.C. §418, the state agreement with the federal government referred to in §36-7-3 is modified appropriately at any time prior to January 1, 1974, the term employment with respect to any coverage group specified in the modification shall, effective after the effective date specified in the modification, include services in designated part-time positions but not services performed in the employ of a school, college, or university by a student who is enrolled and regularly attending classes at that school, college, or university.

(7) FARP shall mean the FICA Alternative Retirement Income Security Program as described in §36-7-33.1.

(8) FARP-eligible employee shall mean any part-time, seasonal, or temporary employee of the state of Rhode Island who is ineligible for participation in the Employees Retirement System of Rhode Island.

(9) FARP part-time employee shall mean an employee of the state of Rhode Island who works less than twenty (20) hours per week, in accordance with IRC standards.

(10) Federal Insurance Contributions Act or FICA shall mean subchapter A of chapter 9 of the federal Internal Revenue Code of 1939, subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954, and subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1986 as those codes have been and may from time to time be amended; and the term employee tax shall mean the tax imposed by §1400 of the code of 1939, §3101 of the code of 1954, and §3101 of the code of 1986.

(11) Federal Social Security Act, 42 U.S.C. §301 et seq., shall mean the act of Congress approved August 14, 1935, officially cited as the Social Security Act, including any amendments thereto, and any regulations, directives, or requirements interpretative or implementive thereof.

(12) Part-time employment shall mean any employment by those who work on a regularly scheduled basis regardless of hours.

(13) Retirement board shall mean the retirement board as provided in chapter 8 of this title.

(14) Secretary, except when used in the title secretary of the treasury, shall mean the secretary of health and human services and any individual to whom the secretary of health and human services has delegated any of his or her functions under the federal Social Security Act, 42 U.S.C. §301 et seq., with respect to coverage under that act of employees of states and their political subdivisions.

(15) Sick pay shall mean the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund to provide for any sick pay) made to, or on behalf of, an employee or any of his or her dependents under a plan or system established by an employer which makes provision for his employees generally (or for his or her employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents), on account of sickness or accident disability.

(16) State shall mean the state of Rhode Island.

(17) Wages or salaries shall mean all compensation received by an employee for employment as defined herein, including the cash value of all remuneration received by an employee in any medium other than cash, except that this term shall not include that part of the remuneration which, even if it were for employment within the meaning of the Federal Insurance Contributions Act, 26 U.S.C. §3101 et seq., would not constitute wages within the meaning of that act.
R.I. Gen. Laws § 36-3-5 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-5
§ 36-3-5. Powers and duties of the administrator.
Status: in_force

In addition to the duties imposed upon the personnel administrator elsewhere in the law and the personnel rules, it shall be the duty of the personnel administrator:

(1) As executive head of the division of personnel administration, to direct, supervise, develop, and authorize all personnel-related administrative and technical activities including personnel administration and personnel management.

(2) To prepare and recommend to the director of administration those rules as are deemed necessary to carry out the provisions of the law.

(3) To supervise the operation of the classification plan and to recommend to the director amendments and additions thereto.

(4) To supervise the operation of the pay plan and to recommend to the director amendments and additions thereto.

(5) To establish and supervise the maintenance of employment lists, promotion lists, and reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for compliance with the statutes and policies, and make available to state agencies qualified candidates as vacancies occur; direct and supervise equal opportunity programs; manage employee benefit plans, including the coordination of health insurance, prescription/vision care, group life insurance, dental care, prepaid legal services, deferred compensation and cancer programs, and any other programs established by the legislature related to employee benefits; and to manage career awards programs and state and local enforcement firefighters incentive training programs.

(6) To perform any other lawful act which he or she may consider necessary or desirable to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules and to conduct innovative demonstration projects to improve state personnel management.

(7) To facilitate and/or coordinate state and national background checks for applicants and/or employees in state positions with access to federal tax information, as defined in § 36-3-16(a)(6).

(8) The personnel administrator is authorized and empowered to revise state job descriptions to ensure the use of appropriate disability language as required by § 43-3-7.1.
R.I. Gen. Laws § 36-12-11 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-11
§ 36-12-11. Deductions from salary  Payments by employers.
Status: in_force

(a) During any period in which an employee under age sixty-five (65) is insured under a policy of insurance purchased by the director as authorized in §§ 36-12-6  36-12-14, there shall be withheld by the employer from each salary payment of the employee, as his or her share of the cost of his or her group life and accidental death and dismemberment insurance, an amount specified in the contract or policy which shall not exceed the rate of twenty-five cents (25Â¢) biweekly for each one thousand dollars ($1,000) of his or her group life insurance; provided, that an employee who is paid on other than a biweekly basis shall have an amount so withheld, determined at a proportionate rate, which rate shall be adjusted to the nearest cent.

(b) The cost of providing the insurance benefits provided for in §§ 36-12-6  36-12-14, together with the cost of administration of the provisions of §§ 36-12-6  36-12-14 in excess of the amounts paid by employees therefor, shall be paid by the participating employers in those proportions and at those times as the director may determine.

(c) The payments shall be made by the participating employers out of appropriations made therefor, and the general assembly shall annually appropriate those sums to the fund herein created which may be required during the fiscal year.

(d) The sums withheld from employees and the funds appropriated by participating employers as provided herein shall be deposited with the general treasurer of the state to the credit of a fund which is hereby created as the group life insurance fund.

(e) During any period in which an employee is insured under a policy of long term health care insurance purchased by the director as authorized in § 36-12-6, there shall be withheld by the employer from each salary payment of the employee as his or her cost of long term care insurance an amount specified in the contract or policy; provided, that an employee who is paid on other than a biweekly basis shall have an amount so withheld, determined at a proportionate rate, which rate shall be adjusted to the nearest cent.
R.I. Gen. Laws § 36-3-3 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-3
§ 36-3-3. Definitions.
Status: in_force

The following terms, when used in this chapter and chapter 4 of this title, shall have the following meanings unless the context clearly requires otherwise:

(1) Appointing authority means the person or group of persons having the power by virtue of the constitution, a state statute, or lawfully delegated authority to make appointments.

(2) Appropriate list means any employment list, promotion list, or employment list which is declared appropriate by the personnel administrator for purposes of certification and appointment.

(3) Classified employee means any person holding a position in the classified service.

(4) Classified service means all offices and positions of trust or employment in the state service except those placed in the unclassified service by chapter 4 of this title or any other legislation.

(5) Department means the department of administration.

(6) Director means the director of the department of administration.

(7) Disabled veteran means any war veteran who is an examinee and who is certified by the veterans administration to be physically disabled, as a result of a service connected disability, with a disability rating of zero percent (0%) or more.

(8) Division means the division of personnel administration.

(9) Employee means any person holding a position subject to appointment by an appointing authority.

(10) Employment list means a list of names of persons arranged in the order of their ratings who have been found qualified through suitable tests, and who are entitled to have their names certified to appointing authorities for original appointment under the provisions of chapter 4 of this title and rules.

(11) Personnel administration means the legal framework of the state government personnel system, i.e., statutes, rules, and policies.

(12) Personnel administrator means the head of the division.

(13) Personnel management means the powers and duties of the personnel administrator as set forth in this chapter and chapter 4 of this title.

(14) Position means any office or place of employment in the state service.

(15) Promotion list means a list of names of classified employees arranged in order of their ratings, who have been found qualified through suitable tests for promotion to positions in other classes under the provisions of chapter 4 of this title and rules.

(16) Provisional status means:

(i) the status of an appointee who has completed one year of service in a position for which no suitable list has been established; or

(ii) the status of an appointee on leave from a position in which he or she holds permanent status to accept a higher position for which no suitable list has been established.

(17) Public hearing means an opportunity given after public notice of at least five (5) calendar days for any citizen or party to appear and be heard on the matter involved.

(18) Reemployment list means a list of names of persons who have occupied positions in the classified service, who have been separated from a position in the classified service, and who are entitled to have their names certified to appointing authorities under the provisions of chapter 4 of this title and rules.

(19) State service means all offices and positions of trust or employment in the service of the state.

(20) Temporary status means the status of an appointee who has not acquired provisional, probationary, or permanent status in the position held.

(21) War veteran or veteran means any person, male or female, who was employed as an officer, member of the enlisted personnel or otherwise in the active military or naval service of the United States or of any auxiliary unit of the military or naval service, except civilian employees, during the Spanish American War, the Philippine Insurrection, the China Relief Expedition or at some time during the period between April 6, 1917, and November 11, 1918, or the period between December 7, 1941, and December 31, 1946, or who was engaged in the active conduct of and/or fighting in the Korean campaign (active conduct of and/or fighting in the Korean Campaign, shall mean service by any man or woman of the armed forces of the United States between June 27, 1950, and January 31, 1955), or the conflict in Vietnam (active conduct of and/or fighting in the conflict in Vietnam shall mean service by any man or woman of the armed forces of the United States between August 5, 1964, and May 7, 1975), and who served for at least six (6) months and one day; provided, however, that the definition shall not include any person who has been separated from employment of service, except through honorable discharge, if the reason for the separation shall be deemed by the personnel administrator to be sufficient cause to deny inclusion.
R.I. Gen. Laws § 36-14-12 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-12
§ 36-14-12. Investigative powers of the commission.
Status: in_force

(a) The commission is hereby empowered to investigate allegations of violations of the provisions of this chapter and, in furtherance of any investigation, the commission shall have the power to:

(1) Compel the attendance of witnesses and require the production of evidence; and

(2) Take oral or written evidence under oath or affirmation.

(b) Any person, including any member of the commission, may file with the commission a complaint alleging a violation of this chapter. Any complaint filed with the commission shall be a statement in writing under oath which shall include the name of the person alleged to have committed the violation and which shall set forth in detail the specific act or acts complained of. The commission shall, within seventy-two (72) hours of the filing of any complaint, cause a copy of that complaint to be served, by certified mail, return receipt requested, upon any person alleged in the complaint to have committed a violation of this chapter.

(c) Upon receipt of a written complaint alleging a violation of this chapter, the commission shall within one hundred eighty (180) days of receipt of the written complaint complete its investigation; provided that, the commission may, for good cause shown, grant no more than two (2) extensions of sixty (60) days each.

(1) If the commission determines that the verified complaint does not allege facts sufficient to constitute a knowing and willful violation of any of the provisions of this chapter, it shall dismiss the complaint and notify the complainant and the respondent of the dismissal. The contents and substance of any complaint so dismissed, any answer thereto, and the notice of dismissal shall be made public.

(2) If the commission determines that the verified complaint alleges facts sufficient to constitute a violation of any of the provisions of this chapter, the commission shall promptly investigate the allegations contained in the complaint, make a finding on the complaint, and any amendment thereto.

(3) If the commission finds after its preliminary investigation that probable cause does not exist to support the allegations of the complaint, the commission shall dismiss the complaint and notify the complainant and the respondent of the dismissal. The contents and substance of any complaint so dismissed, any answer thereto, and the notice of dismissal shall be made public.

(4) If the commission finds that probable cause does exist to support the allegations of the complaint, it shall prepare written findings which shall state in detail the violations complained of and the manner in which they occurred and shall fix a time for hearing on the matter; provided, however, that, before it issues any findings, the commission shall permit the respondent to submit a written statement and/or to appear in person or by counsel for the purpose of presenting arguments and/or written evidence in response to the allegations against him or her. The respondent shall be entitled to examine and make copies of all evidence in the possession of the commission relating to the complaint. Upon the issuance of any findings, the commission shall notify the complainant and the respondent of its action.

(5) If the commission, during the course of its investigation, has probable cause to believe that violations of this chapter, other than those contained in the complaint, have been committed, it may, upon its own motion, amend the complaint to include the violations. The commission shall, within seventy-two (72) hours of any amendment, cause a copy of the amended complaint to be served, by certified mail, return receipt requested, upon any person alleged in the amended complaint to have committed a violation of this chapter. Any person alleged by an amended complaint to have committed a violation of this chapter shall be afforded a reasonable opportunity to respond to the allegations contained therein.

(6) Nothing in this section shall be construed to authorize the commission to make any of its investigatory records public.

(d) The commission, upon a finding pursuant to this section that there fails to exist probable cause for 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 expenses of defense.
R.I. Gen. Laws § 36-4-13 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-13
§ 36-4-13. Submission of proposed pay plan for classified service.
Status: in_force

The personnel administrator shall submit to the director a proposed pay plan showing for each class of position in the classified service minimum and maximum salary rates and such intermediate rates as he or she deems desirable. In arriving at these rates he or she shall take into consideration the advice and suggestions of appointing authorities and other supervising officials, prevailing rates for comparable service in other public employment and in private business, the current cost of living, and the states financial policies, conditions, and appropriations.
R.I. Gen. Laws § 36-13-1.1 — RI Code / Title 36 / Chapter 36-13 / Section 36-13-1.1
§ 36-13-1.1. State investment commission.
Status: in_force

The state investment commission shall, from time to time, select the financial institutions and/or entities in which the state shall invest the funds under the deferred compensation plan for employees in the state plan.
R.I. Gen. Laws § 36-12-7 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-7
§ 36-12-7. Eligibility for benefits.
Status: in_force

(a) All persons in the service of the state on and after July 1, 1960, whether elected, appointed or employed, who elect to participate in an insurance contract or contracts shall be eligible to participate therein. The director, however, with the consent of the insurance company or companies, may by rule or regulation exclude those classes of temporary, part-time, or intermittent employees for whom insurance contracts shall be deemed to be impracticable.

(b) The director, with the consent of the insurance company or companies, may authorize the inclusion in insurance contracts of employees of public authorities, full-time employees of organizations representing state employees, or other appropriate agencies of the state as may be designated in the rules or regulations of the director, and may prescribe the rate of contribution required from such participating authorities, or other agencies.
R.I. Gen. Laws § 36-8-18 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-18
§ 36-8-18. Severability.
Status: in_force

(a) If any provision of chapters 8  10 of this title, any rule, or regulation made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction the remainder of those chapters, rules, or regulations and the application of those provisions to other persons or circumstances shall not be affected thereby.

(b) The invalidity of any section or sections or parts of any section or sections of those chapters shall not affect the validity of the remainder of those chapters.
R.I. Gen. Laws § 36-10-9 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-9
§ 36-10-9. Retirement on service allowance  In general.
Status: in_force

Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:

(1)(a)(i) Any member may retire upon his or her written application to the retirement board as of the first day of the calendar month in which the application was filed; provided, the member was separated from service prior thereto; and further provided, however, that if separation from service occurs during the month in which application is filed, the effective date shall be the first day following that separation from service; and provided further that the member on his or her retirement date attained the age of sixty (60) and completed at least ten (10) years of contributory service on or before July 1, 2005, or who, regardless of age, has completed twenty-eight (28) years of total service and has completed at least ten (10) years of contributory service on or before July 1, 2005, and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.

(ii) For members who become eligible to retire on or after October 1, 2009, and prior to July 1, 2012, benefits are available to members who have attained the age of sixty-two (62) and completed at least ten (10) years of contributory service. For members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior to July 1, 2012, the minimum retirement age of sixty-two (62) will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:

(1) The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of sixty-two (62).

(2) The formula shall then take the members total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (1) as the denominator.

(3) The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from age sixty-two (62).

(b)(i) Any member, who has not completed at least ten (10) years of contributory service on or before July 1, 2005, may retire upon his or her written application to the retirement board as of the first day of the calendar month in which the application was filed; provided, the member was separated from service prior thereto; and further provided, however, that if separation from service occurs during the month in which application is filed, the effective date shall be the first day following that separation from service; provided, the member or his or her retirement date had attained the age of fifty-nine (59) and had completed at least twenty-nine (29) years of total service or provided that the member on his or her retirement date had attained the age of sixty-five (65) and had completed at least ten (10) years of contributory service; or provided, that the member on his or her retirement date had attained the age of fifty-five (55) and had completed twenty (20) years of total service provided, that the retirement allowance, as determined according to the formula in § 36-10-10 is reduced actuarially for each month that the age of the member is less than sixty-five (65) years, and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.

(ii) For members who become eligible to retire on or after October 1, 2009 and prior to July 1, 2012, benefits are available to members who have attained the age of sixty-two (62) and completed at least twenty-nine (29) years of total service or have attained the age of sixty-five (65) and completed at least ten (10) years of contributory service. For members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior to July 1, 2012, who have a minimum retirement age of sixty-two (62), the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:

(1) The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of sixty-two (62).

(2) The formula shall then take the members total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (1) as the denominator.

(3) The fraction determined in (2) above shall then be multiplied by the age difference determined in (1) to apply a reduction in years from age sixty-two (62).

(c) Effective July 1, 2012, the following shall apply to all members not eligible to retire prior to July 1, 2012:

(i) A member with contributory service on or after July 1, 2012, shall be eligible to retire upon the completion of at least five (5) years of contributory service and attainment of the members Social Security retirement age.

(ii) For members with five (5) or more years of contributory service as of June 30, 2012, with contributory service on and after July 1, 2012, who have a retirement age of Social Security Retirement Age, the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of June 30, 2012, but in no event shall a members retirement age under this subparagraph (ii) be prior to the attainment of age fifty-nine (59) or prior to the members retirement age determined under the laws in effect on June 30, 2012. The proportional formula shall work as follows:

(1) The formula shall determine the first age of retirement eligibility under the laws in effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;

(2) The formula shall then take the members total service credit as of June 30, 2012, as the numerator and the projected service at retirement age in effect on June 30, 2012, as the denominator;

(3) The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from Social Security retirement age.

(iii) Effective July 1, 2015, a member who has completed twenty (20) or more years of total service and who has attained an age within five (5) years of the eligible retirement age under subparagraphs (c)(i) or (c)(ii) above or subsection (d) below, may elect to retire provided that the retirement allowance shall be reduced actuarially for each month that the age of the member is less than the eligible retirement age under subparagraphs (c)(i) or (c)(ii) above or subsection (d) below in accordance with the following table:

(iv) Notwithstanding any other provisions of section 36-10-9(c), a member who has completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at his or her eligible retirement date as determined under paragraphs (1)(a) and (1)(b) above provided that a member making an election under this paragraph shall receive the members retirement benefit determined and calculated based on the members service and average compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner to protect a members accrued benefit on June 30, 2012.

(d) Notwithstanding any other provisions of subsection (c) above, effective July 1, 2015, members in active service shall be eligible to retire upon the earlier of: (A) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at least thirty-three (33) years of total service; or (B) The members retirement eligibility date under subsections (c)(i) or (c)(ii) above.

(2) Any faculty employee at a public institution of higher education under the jurisdiction of the council on postsecondary education shall not be involuntarily retired upon attaining the age of seventy (70) years.

(3)(i) Except as specifically provided in § 36-10-9.1, §§ 36-10-12  36-10-15, and §§ 45-21-19  45-21-22, (I) On or prior to June 30, 2012 no member shall be eligible for pension benefits under this chapter unless the member shall have been a contributing member of the employees retirement system for at least ten (10) years, or (II) For members in active contributory service on or after July 1, 2012, the member shall have been a contributing member of the retirement system for at least five (5) years.

(ii) Provided, however, a person who has ten (10) years service credit on or before June 16, 1991, shall be vested.

(iii) Furthermore, any past service credits purchased in accordance with § 36-9-38 shall be counted towards vesting.

(iv) Any person who becomes a member of the employees retirement system pursuant to § 45-21-4 shall be considered a contributing member for the purpose of chapter 21 of title 45 and this chapter.

(v) Notwithstanding any other provision of law, no more than five (5) years of service credit may be purchased by a member of the system. The five (5) year limit shall not apply to any purchases made prior to January 1, 1995. A member who has purchased more than five (5) years of service credits before January 1, 1995, shall be permitted to apply those purchases towards the members service retirement. However, no further purchase will be permitted. Repayment in accordance with applicable law and regulation of any contribution previously withdrawn from the system shall not be deemed a purchase of service credit.

(vi) Notwithstanding any other provision of law, effective July 1, 2012, except for purchases under §§ 16-16-7.1, 36-5-3, 36-9-31, 36-10-10.4, and 45-21-53, (A) For service purchases for time periods prior to a members initial date of hire, the purchase must be made within three (3) years of the members initial date of hire, (B) For service purchases for time periods for official periods of leave as authorized by law, the purchase must be made within three (3) years of the time the official leave was concluded by the member. Notwithstanding the preceding sentence, service purchases from time periods prior to June 30, 2012, may be made on or prior to June 30, 2015.

(4) No member of the employees retirement system shall be permitted to purchase service credits for casual, seasonal, or temporary employment, or emergency appointment, for employment as a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate assistant of the college or university.

(5) Except as specifically provided in §§ 16-16-6.2 and 16-16-6.4, a member shall not receive service credit in this retirement system for any year or portion of it, which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection shall not apply to any payments received pursuant to the federal Social Security Act or to payments from a military pension earned prior to participation in state or municipal employment, or to military service credits earned prior to participation in state or municipal employment.

(6) A member who seeks to purchase or receive service credit in this retirement system shall have the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension, retirement allowance, or any annual payment for life. The retirement board shall have the right to investigate as to whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitations the duty to furnish or have furnished to the retirement board any relevant information which is protected by any privacy act.

(7) A member who fails to cooperate with the retirement board shall not have the time of service counted toward total service credit until such time as the member cooperates with the retirement board and until such time as the retirement board determines the validity of the service credit.

(8) A member who knowingly makes a false statement to the retirement board regarding service time or credit shall not be entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.
R.I. Gen. Laws § 36-9-23 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-23
§ 36-9-23. Inactive membership.
Status: in_force

If a member leaves the service of the state but does not receive a refund of his or her contributions, his or her membership in the system shall continue but his or her status shall be that of an inactive member. In no event shall an inactive member be entitled to an annuity, benefit, or retirement allowance under chapters 8  10 of this title other than a refund of his or her contributions as provided in § 36-10-8 or except as provided in § 36-10-11 unless he or she shall reenter the service and be in the service of the state at the time he or she claims to be entitled to any annuity, benefit, or retirement allowance.
R.I. Gen. Laws § 36-13-6.1 — RI Code / Title 36 / Chapter 36-13 / Section 36-13-6.1
§ 36-13-6.1. Sums subject to taxation.
Status: in_force

(a) Except as designated in this section, any sum deferred under the deferred compensation program shall not be subject to taxation until distribution is actually made to the employee.

(b) Subsection (a) of this section shall not apply where the deferred compensation program includes a qualified Roth contribution program and the sums have been deferred as a designated Roth contribution. Where the employee has elected that sums be deferred as a designated Roth contribution, the sums shall be deferred post tax.

(c) For the purposes of this section, the term qualified Roth contribution program means a program under which an employee may elect to make designated Roth contributions in lieu of all or a portion of elective deferrals the employee is otherwise eligible to make under the deferred compensation program. A program shall not be treated as a qualified Roth contribution program unless the deferred compensation program:

(1) Establishes separate accounts for the designated Roth contributions of each employee and any earnings properly allocable to the contributions; and

(2) Maintains separate recordkeeping with respect to each account.

(d) For the purposes of this section, the term designated Roth contribution means any elective deferral that is excludable from gross income of an employee with regard to subsection (a) of this section and the employee designates as not being so excludable.
R.I. Gen. Laws § 36-9-11 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-11
§ 36-9-11. Retroactive membership of elected legislator.
Status: in_force

Any duly elected member of the general assembly who has previously rendered service as a member of the general assembly and who for any reason did not become a member of the state retirement system at the beginning of his or her service to the state as a member of the general assembly or who has otherwise failed to apply for credit for that legislative service may elect to have his or her period of membership made retroactive to the date when he or she was sworn in as a member of the general assembly irrespective of his or her age on that date; provided, that the elected member of the general assembly makes application to the board, and pays into the retirement system, in such manner as the board should by regulation provide, the contributions he or she would have paid into the system had he or she become a member immediately on the date of his or her being sworn in as a member of the general assembly, plus regular interest to date of payment.
R.I. Gen. Laws § 36-7-6 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-6
§ 36-7-6. Subscription to agreement by city, town, or state agency.
Status: in_force

Any city, town, or agency of the state as defined in § 36-7-2(2) shall have the option of subscribing to the federal state agreement as described in § 36-7-3. The action shall be taken by the adoption of an ordinance, resolution, or vote by the legislative body thereof which shall be the city council in the case of a city, or a financial town meeting in the case of a town, or the board of directors, authority, commissioners, trustees, or other governing body in the case of an agency of the state. The resolution, ordinance, or vote shall indicate its intention of extending the benefits of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq., in conformity with the provisions of that act, to employees of the city, town, or agency of the state as a coverage group, as herein defined. The resolution, ordinance, or vote, to be acceptable, must contain at least the following provisions, requirements, and conditions:

(1) To meet fully the requirements of the federal Social Security Act, 42 U.S.C. § 301 et seq., and be in accord with the provisions of the federal state agreement herein provided;

(2) To provide that all services which constitute employment as herein defined and are performed in the employ of the city or town or agency of the state by employees thereof, shall be included in the designated coverage group;

(3) To specify the source or sources from which funds necessary to make contributions in the amounts and at the rates specified in the federal state agreement, are expected to be derived, and contain reasonable assurance that those sources will at all times be adequate to meet this obligation;

(4) To provide for such methods of administration of its plan of participation under the agreement as will insure the proper and effective operation thereof;

(5) To provide that the city, town, or agency of the state will make such reports, in such form and containing such information as may be prescribed from time to time by the general treasurer in accordance with directives or regulations of the secretary, and that the city, town, or agency of the state will at all times comply with such other rules or regulations as the general treasurer or the administrator may from time to time prescribe to assure the correctness and verification of the reports.
R.I. Gen. Laws § 36-10-36 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-36
§ 36-10-36. Post-retirement employment.
Status: in_force

(a) On and after July 7, 1994, no member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any state agency or department unless any and all retirement benefits to which the member may be entitled by virtue of the provisions of title 16, 36, or 45 are suspended for the duration of any employment or reemployment. No additional service credits shall be granted for any post-retirement employment or reemployment and no deductions shall be taken from an individuals salary for retirement contribution. Notice of any such post-retirement employment or reemployment shall be sent monthly to the retirement board by the employing agency or department and by the retired member.

(b) Any member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any municipality within the state that has accepted the provisions of chapter 21 of title 45 and participates in the municipal employees retirement system for a period of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day pay in any one calendar year without any forfeiture or reduction of any retirement benefits and allowances the member is receiving, or may receive, as a retired member. Pension payments shall be suspended whenever this period is exceeded. No additional contributions shall be taken, and no additional service credits shall be granted, for this service. Notice of this employment or reemployment shall be sent monthly to the retirement board by the employer and by the retired member.

(c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any municipality within the state that has not accepted the provisions of chapter 21 of title 45 and that does not participate in the municipal employees retirement system.

(d) Notwithstanding the provisions of this section:

(1) Any retired member of the system shall be permitted to serve as an elected mayor, the town administrator, the city administrator, the town manager, the city manager, the chief administrative officer, or the chief executive officer of any city or town, city or town council member, school committee member, or unpaid member of any part-time state board or commission or member of any part-time municipal board or commission, and shall continue to be eligible for, and receive, the retirement allowance for service other than that as a mayor, administrator, council member, school committee member, or member of any state board or commission or member of any part-time municipal board or commission; provided, however, that no additional service credits shall be granted for any service under this subsection;

(2) Any retired member, who retired from service at any state college, university, state school, or who retired from service as a teacher under the provisions of title 16, or who retired from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state college, university, or state school for the purpose of providing classroom instruction, academic advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the salary provided to other faculty members employed under a collective bargaining agreement at the institution. In no event shall part-time mean gross pay of more than twenty-five thousand dollars ($25,000) in any one calendar year. Any retired member who provides such instruction or service shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, however, that no additional service credits shall be granted for any service under this subsection;

(3) Any retired member who retired from service as a teacher under the provisions of title 16, or as a state employee who, while an active state employee, was certified to teach driver education by the department of elementary and secondary education or by the board of governors for higher education, may be employed or reemployed, on a part-time basis, by the department of elementary and secondary education or by the board of governors of higher education for the purpose of providing classroom instruction in driver education courses in accordance with § 31-10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event shall part-time mean gross pay of more than fifteen thousand dollars ($15,000) in any one calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; provided, however, that no additional service credits shall be granted for any service under this subsection;

(4) Any retired member who retired from service as a registered nurse may be employed or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or services at a state-operated facility in Rhode Island, including employment as a faculty member of a nursing program at a state-operated college or university. In no event shall part-time mean gross pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days with half pay in any one calendar year. Any retired nurse who provides such care and/or services shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse is receiving as a retired nurse; provided, however, that no additional service credits shall be granted for any service under this subsection. Pension payments shall be suspended whenever this period is exceeded. No additional contributions shall be taken and no additional service credits shall be granted for this service. Notice of this employment or reemployment shall be sent monthly to the retirement board by the employer and by the retired member;

(5) Any retired member who, at the time of passage of this section, serves as a general magistrate within the family court and thereafter retires from judicial service, may be employed or reemployed by the family court to perform such services as a general magistrate of the family court as the chief judge of the family court shall prescribe without any forfeiture or reduction of any retirement benefits and allowances that the member is receiving or may receive. For any such services or assignments performed after retirement, the general magistrate shall receive no compensation whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional service credits shall be granted for this service;

(6) Any retired district court clerk/magistrate or magistrate of the district court who shall subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be employed or reemployed by the district court to perform such services as a magistrate as the chief judge of the district court shall prescribe without any forfeiture or reduction of any retirement benefits and allowance that they are receiving or may receive. For any such services or assignment performed after retirement, the district court clerk/magistrate or magistrate shall receive, in addition to their retirement pension, the difference in pay and fringe benefits between their retirement pension, and that of a sitting magistrate of the district court with comparable state service time. No additional contributions shall be taken and no additional service credits shall be granted for this service; and

(7) Any retired member of the system shall be permitted to serve as a municipal employee without any forfeiture or reduction of any retirement benefits and allowances that the member is receiving or may receive; provided, that said member shall be appointed by and serves at the pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town subject to the provisions of chapter 9 of title 45 entitled Budget Commissions relating to the appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided further, that no additional service credits shall be granted for any service under this subsection.
R.I. Gen. Laws § 36-10-24 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-24
§ 36-10-24. Person to whom death benefit payable.
Status: in_force

The payment of contributions of the member and the death benefit to a member or retired member under the provisions of §§ 36-10-21  36-10-23 shall be made to such person 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 has died, then to the estate of the deceased member.
R.I. Gen. Laws § 36-12-5 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-5
§ 36-12-5. Annual appropriations.
Status: in_force

The general assembly shall annually appropriate a sum sufficient to carry out the purposes of §§ 36-12-136-12-5. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much thereof as may be required from time to time, upon receipt by him or her of properly authenticated vouchers.
R.I. Gen. Laws § 36-7-5 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-5
§ 36-7-5. Civilian employees of national guard.
Status: in_force

The benefits of this chapter are also extended to civilian employees of the Rhode Island national guard who are employed pursuant to § 90 of the National Defense Act of June 3, 1916, 32 U.S.C. § 709, and paid from funds allotted by the department of defense.
R.I. Gen. Laws § 36-8-6 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-6
§ 36-8-6. Votes of board  Record of proceedings.
Status: in_force

Each member of the board shall be entitled to one vote. A majority of the board shall constitute a quorum and all actions of the board shall be a majority vote of the members present and voting at which a quorum is present. The board shall keep a record of all the proceedings which shall be open to public inspection.
R.I. Gen. Laws § 36-4-16.2 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-16.2
§ 36-4-16.2. Duties and responsibilities of the department of administration.
Status: in_force

(a) It is the duty of the department of administration to maintain a pay plan for unclassified employees of the state, including any rules and regulations that are necessary to implement and complement the plan. In maintaining the pay plan, it will be the duty of the department of administration to allocate all new unclassified positions to existing grades within the plan, and to review at least once annually all existing unclassified positions and to reallocate those positions within the pay plan as it deems proper. No new unclassified position shall be created or allocated or reallocated to any grade within the plan unless state agency and department heads have been afforded the opportunity to make recommendations regarding the proposed changes; provided further, however that any unclassified position that has been vacant for more than twelve (12) months shall be canceled and removed from the unclassified pay plan unless within that twelve (12) months the person having supervisory authority over the position requests an extension, in which case the department of administration may approve an extension of not more than twelve (12) months; and provided further, that employees, appointing authorities, and the general public, shall be afforded an opportunity at a public hearing to provide testimony, orally and in writing, regarding the changes, prior to the departments submission of recommendations to the governor. The agenda for the public hearing shall include a summary of the proposed changes. Hearings conducted pursuant to this section shall be subject to the provisions of chapter 46 of title 42.

(b) The department of administration, notwithstanding any provision to the contrary, shall only have the authority to make recommendations to the governor. The governor shall approve and adopt the plan with such changes as he or she may deem necessary. Following approval by the governor, all unclassified pay plan changes shall be included in the normal budget process in the appropriate section of the personnel supplement.

(c) When the pay plan and regulations have been adopted they shall constitute the official pay schedule for the positions in the unclassified service. Thereafter, no person in the unclassified service shall be paid a salary that is greater than the maximum or less than the minimum rates fixed by the approved pay plan and regulations or by amendments thereto, nor shall salary adjustments for unclassified employees made by the department of administration during its review exceed two (2) grades per year at the maximum of the grade; provided, however, that unclassified employees shall be entitled to all monetary additives accorded other state employees, including, but not limited to, longevity and incentive training awards.
R.I. Gen. Laws § 36-9-28 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-28
§ 36-9-28. Service creditable on retirement.
Status: in_force

At retirement, the total service credited a member shall consist of the service rendered by him or her as an employee during his or her membership, and also, if he or she has a prior service certificate which is in full force and effect, the service as an employee certified on his or her prior service certificate.
R.I. Gen. Laws § 36-9-25 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-25
§ 36-9-25. Standard for years service credits.
Status: in_force

(a) The retirement board shall fix and determine, by appropriate rules and regulations, how much service in any year is equivalent to a year of service, but in computing that service or in computing the compensation it shall credit no period of more than a months duration during which a member was absent without pay nor shall more than one year of service be credited on account of all service in one calendar year.

(b) Notwithstanding any other section of law, no member of the retirement system shall be permitted to purchase service credit for any portion of a year for which he or she is already receiving service credit in this retirement system.
R.I. Gen. Laws § 36-14-16 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-16
§ 36-14-16. Financial statement to be filed.
Status: in_force

(a) On or before the last Friday in April of each year, the following officials and employees subject to this code of ethics shall file with the commission a financial statement complying with the requirements of this chapter:

(1) All state elected officials;

(2) All state-appointed officials;

(3) All state-appointed officials and employees who hold a major decision-making position in a state agency;

(4) All municipal elected officials; and

(5) All municipal-appointed officials whose official duties and responsibilities include exercising decision-making authority over the expenditure of more than fifty thousand dollars ($50,000) in public funds in any fiscal or calendar year, and expressly including solicitors and assistant solicitors, police chiefs, fire chiefs, superintendents of schools, principals, superintendents and administrators of charter schools, board members of charter schools, principals, superintendents and administrators of state schools, board members of state schools, building inspectors, members of planning boards, zoning boards, licensing boards and tax appeal boards. This subsection shall also include all municipal-appointed officials whose official duties and responsibilities include nominating, appointing, or hiring any persons who will receive compensation of more than fifty thousand dollars ($50,000) in public funds in any fiscal or calendar year.

(b) In the case of state- and municipal-appointed officials on and after January 1, 1988, the appointee shall file the financial statement within thirty (30) days after the date of his or her appointment or the date he or she qualifies for the office; provided, however, that in the case of the appointment of officials who require senate confirmation, the appointee shall file the financial statement with the appropriate senate committee prior to the institution of those confirmation proceedings.

(c) Within thirty (30) days after the filing deadline, or within thirty (30) days after filing a notice of organization or compliance with § 17-25-8, every person who is a candidate for an office as an elected officer, except those candidates for moderator and clerk of a voting district of the cities and towns, shall file the financial statement as required by this chapter. Filings of candidates for general office shall include information as required in § 36-14-17(b)(2). The commission shall grant an extension for good cause shown of not more than fifteen (15) days, provided a request for the extension is received prior to the filing deadline for the financial statement.

(d) Except as otherwise provided in this chapter, at least thirty (30) days before the deadline date for the filing of a financial statement by each individual required to file, the commission shall mail to the individual a copy of the financial statement form. In the case of candidates other than those covered by subsection (f) of this section, the forms shall be mailed within ten (10) days after the filing deadline date. In the case of appointed officers covered by this section, the forms shall be mailed within seven (7) days after the date of the appointment.

(e) If a person has filed a financial statement as required by one subsection of this section covering the preceding calendar year, he or she is not required to file a financial statement as required by another subsection if, before the deadline for filing under the other subsection, he or she notifies the commission in writing that he or she has already filed a financial statement under the subsection specified.

(f) A person required to file a financial statement under subsection (a) of this section may request the commission to grant an extension of time of not more than sixty (60) days for filing the statement. The commission shall grant the extension of not more than sixty (60) days if the request is received prior to the filing deadline or if a timely filing or request for extension is prevented because of physical or mental incapacity. Not more than one extension may be given to a person in one year except for good cause shown.

(g) The deadline for filing any statement required by this section is 5:00 p.m. of the last day designated in the pertinent subsection of this section for filing the statement. When the last day of filing falls on a Saturday or Sunday or an official state holiday, the deadline for filing is extended to 5:00 p.m. of the next day which is not a Saturday or Sunday or holiday. Any statement required by any provision of this section to be filed within a specified time period shall be deemed to be timely filed if it is placed in the United States post office or in the hands of a common or contract carrier properly addressed to the appropriate authority within the time limits applicable to the statement. The postmark or receipt mark (if received by a common or contract carrier) will be prima facie evidence of the date that the statement was deposited with the post office or carrier. The person filing the statement may show by competent evidence that the actual date of posting was to the contrary.
R.I. Gen. Laws § 36-4-14.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-14.1
§ 36-4-14.1. Ineligibility for other incentive payments.
Status: in_force

Any person receiving an incentive pay increase increment under this chapter is ineligible to benefit from any other educational incentive program such as contained in chapter 28.1 of title 42, §§ 42-28.4-1, 42-56.1-1, and 8-4.1-1, or any other chapter relating to an educational incentive pay program. 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 § 36-9-37 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-37
§ 36-9-37. Purchase of credit while serving a prison sentence  Prohibited.
Status: in_force

Notwithstanding any other provisions of the retirement law or rulings of the retirement board in accordance with the powers vested to the board, no member of the retirement system shall be allowed to purchase service credits for time while incarcerated in prison, including, but not limited to, work release programs or home confinement programs.
R.I. Gen. Laws § 36-6-13 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-13
§ 36-6-13. Medical deductions voluntary  Termination.
Status: in_force

Medical deductions shall be made from payrolls only at the written request of the state officer or employee and the continuing deduction may be terminated at any time upon the written request of the state officer or employee.
R.I. Gen. Laws § 36-14-8 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-8
§ 36-14-8. Rhode Island ethics commission  Establishment  Members  Vacancies  Quorum  Compensation and quarters.
Status: in_force

(a) There is hereby established an independent and nonpartisan Rhode Island ethics commission composed of nine (9) members appointed by the governor. The president of the senate, the minority leader of the senate, the speaker of the house of representatives, the majority leader of the house of representatives, and the minority leader of the house of representatives shall, within twenty (20) days of July 21, 1992, each submit to the governor a list of names of at least five (5) individuals. The governor shall, within forty (40) days of July 21, 1992, appoint one individual from each of the lists so submitted and four (4) individuals without regard to the lists submitted by the legislative leaders.

(b) Members of the commission shall serve for terms of five (5) years, except that, of the members first appointed:

(1) The individual appointed from the list submitted by the majority leader of the house of representatives shall serve for one year;

(2) The individuals appointed from the lists submitted by the minority leader of the senate and one of the individuals appointed by the governor without regard to the lists submitted by the legislative leaders shall serve for two (2) years;

(3) The individual appointed from the list submitted by the minority leader of the house of representatives and one of the individuals appointed by the governor without regard to the lists submitted by the legislative leaders shall serve for three (3) years;

(4) The individual appointed from the list submitted by the president of the senate and one of the individuals appointed from the list submitted by the minority leader of the house of representatives shall serve for four (4) years; and

(5) The individual appointed from the list submitted by the speaker of the house of representatives and one of the individuals appointed from the list submitted by the minority leader of the senate shall serve for five (5) years.

(c) No member shall be appointed for more than one full five (5) year term; provided, however, that each member shall continue to serve until his or her successor is appointed and qualified; and, provided further, that if, at the time of the expiration of any members term, that member is actively engaged in the adjudication of a complaint, he or she shall continue to serve in that capacity until the commission has completed its responsibilities with respect to that complaint.

(d) The governor shall, at the time of the initial appointments to the commission, designate one member to act as chairperson of the commission for a period of one year and another to act as vice chairperson of the commission for a period of one year. Thereafter, the commission shall elect a chairperson and a vice chairperson. The vice chairperson shall act as chairperson in the absence of the chairperson or in the event of a vacancy in that position.

(e) Any vacancy on the commission, occurring for any reason prior to the expiration of the term, shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment within thirty (30) days of the vacancy occurring.

(f) No individual, while a member or employee of the commission, including any legal counsel engaged by the commission, shall:

(1) Hold or campaign for any other public office;

(2) Hold office in any political party or political committee;

(3) Participate in or contribute to any political campaign;

(4) Directly or indirectly attempt to influence any decision by a governmental body, other than as the duly authorized representative of the commission on a matter within the jurisdiction of the commission;

(5) Have held elective public office or have been a candidate for elective public office for a one year period prior to appointment.

(6) Have any equity interest or ownership interest in, or be employed by a business entity that derives any of its revenue or income by engaging in lobbying, as defined in chapter 22-10 and chapter 42-139.

(g) The governor shall declare vacant the position on the commission of any member who takes part in activities prohibited by subsection (f) of this section. An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member he or she succeeds, and is eligible for appointment to one full five-year term thereafter. Any vacancy occurring on the commission shall be filled within thirty (30) days in the manner in which that position was originally filled.

(h) For any action to be taken under the terms of this chapter by the full commission, five (5) members of the commission shall constitute a quorum.

(i) Commission members shall not be compensated for attendance at meetings of the commission or of any investigating committee or adjudicative panel of the commission.

(j) All departments and agencies of the state or of any city or town or political subdivision within this state shall furnish such advice or information documentary or otherwise, to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this chapter.

(k) The director of administration is hereby authorized and directed to provide suitable quarters for the commission.

(l) When commission members act in good faith within the scope of their authority and in their official capacities they shall be afforded protection against civil liability as provided in § 9-1-31.1.
R.I. Gen. Laws § 36-10-9.4 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-9.4
§ 36-10-9.4. Post-retirement service as legislator.
Status: in_force

Any contrary provisions of the general laws notwithstanding, any retired state employee, teacher, or member of the state police who is a member of the retirement system and who is a member of the general assembly shall continue to be eligible for and receive his or her retirement allowance.
R.I. Gen. Laws § 36-3-9 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-9
§ 36-3-9. Removal of board members.
Status: in_force

A member of the board shall be removable by the governor for cause after being given a copy of charges against him or her and an opportunity to be heard publicly on the charge before the governor. A copy of the charges and a transcript of the board shall be filed with the secretary of state.
R.I. Gen. Laws § 36-4-54 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-54
§ 36-4-54. Promise of influence to obtain favors in classified service.
Status: in_force

No person who is a candidate for nomination or for election for any elective office shall seek to influence the vote of any person by promising to use political influence in obtaining for that person an appointment or promotion in the classified service.
R.I. Gen. Laws § 36-3-13 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-13
§ 36-3-13. Cooperation with agencies of other jurisdictions.
Status: in_force

The personnel administrator may enter into arrangements with personnel agencies in other jurisdictions for the purpose of exchanging services and effecting transfers of employees.
R.I. Gen. Laws § 36-9-48 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-48
§ 36-9-48. Underground storage tank financial review board  Transferred employees.
Status: in_force

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

(1) UST Board means the Rhode Island Underground Storage Tank Financial Review Board, a governmental agency and a public instrumentality of the state of Rhode Island.

(2) Transfer date means July 1, 2006.

(3) Transferred employee means any individual who was an employee of the UST Board of the state of Rhode Island on the date immediately preceding the transfer date, and who became an employee of the state of Rhode Island, department of environmental management on the transfer date.

(b) Transferred employees who return to employment with the state of Rhode Island directly from uninterrupted employment with the Rhode Island Underground Storage Tank Financial Responsibility Review Board shall have their length of service at the UST Board deemed to be uninterrupted active state service for the purposes of service credits in the state retirement system.

(c) The period of service of any transferred employee from December 29, 2002, to the date of transfer shall be treated as service as an employee of the state of Rhode Island for the purposes of chapters 8, 9 and 10 of this title.

(d) The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section [July 1, 2006], the UST Board 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. The amount of transfer shall be determined by the retirement board at full actuarial cost as defined by § 36-8-1(10) for the period of service December 29, 2002, to the transfer date. This will be reduced by the transfer to the retirement board of any and all contributions made to the UST Boards Simple IRA by and on behalf of the transferred employees.

(e) Transferred employees who return to service with the state of Rhode Island directly from uninterrupted employment with the Rhode Island Underground Storage Tank Financial Review Board, henceforth referred to as UST Board shall have their length of service at the UST Board deemed to be uninterrupted active state service for purposes of service credits in the state retirement system.
R.I. Gen. Laws § 36-7-1 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-1
§ 36-7-1. Purpose of provisions.
Status: in_force

It is the intention of the legislature by the passage of §§ 36-7-1  36-7-31 to extend to the officers and employees of the several cities and towns of the state, including any department, division, agency, or instrumentality thereof, and to the officers and employees of the state, including any department, division, agency, or instrumentality of the state including, without limiting the generality of the foregoing, quasi-municipal corporations, fire districts, water districts, water authorities, housing authorities and other independent instrumentalities organized and existing under the laws and authority of the state of Rhode Island, and to the dependents and survivors of such officers and employees, the old-age and survivors insurance provisions of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq.
R.I. Gen. Laws § 36-4-59 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-59
§ 36-4-59. Tenure in state service.
Status: in_force

(a)(1) Every person who shall have twenty (20) years, not necessarily consecutive, of service credit, the 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 twenty (20) years of service credit.

(2) For any other position he or she may hold subsequent to the time of obtaining twenty (20) years of service credit, the person, subject to a then existing list, is to be deemed to have acquired full status in the subsequent position and shall be protected by the provisions of this chapter, provided, however:

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

(ii) 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;

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

(iv) 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 § 36-1-3 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-3
§ 36-1-3. Issuance of commissions.
Status: in_force

A commission shall issue to every person elected to office by the general assembly, to every justice of the peace elected by any town council, to the clerk and each deputy clerk of the Rhode Island district court, and to every person appointed to office by the governor and to every person appointed to office by the governor and to every person appointed to a state board, agency, or commission by any appointing authority.
R.I. Gen. Laws § 36-4-33 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-33
§ 36-4-33. War duration appointments.
Status: in_force

Whenever in time of war a vacancy exists in any position in the classified service by reason of the position having been vacated by a person entering the armed forces of the United States or assigned to a position in a federal agency by action of the governor, the vacancy shall be filled in the manner prescribed in §§ 36-4-25  36-4-27; provided, however, that any appointment made to a position vacated by a person entering the armed forces of the United States in time of war shall be known as a war duration appointment; and any person appointed to that position shall, while he or she holds that position, be entitled to the same rights and privileges enjoyed by persons appointed to permanent positions except that those rights and privileges shall be limited by and subject to any existing prior rights of another employee on leave from that position even if the exercise of those prior rights shall result in the separation from the position of the person whose appointment bears the later date.
R.I. Gen. Laws § 36-10-32 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-32
§ 36-10-32. Tax exemption.
Status: in_force

The right of a member or beneficiary to a pension, an annuity, a retirement allowance, to the return of contributions, any benefit, or right accrued or accruing to any person under the provisions of chapters 8  10 of this title, and the money in the various funds created hereunder, are hereby made exempt from any municipal tax or state tax except for the personal income tax imposed under the provisions of chapter 30 of title 44.
R.I. Gen. Laws § 36-14-15 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-15
§ 36-14-15. Judicial review.
Status: in_force

Any action by the commission made pursuant to this chapter shall be subject to review pursuant to chapter 35 of title 42.
R.I. Gen. Laws § 36-8-8 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-8
§ 36-8-8. Annual report and statement.
Status: in_force

The retirement board shall submit to the governor, the speaker of the house of representatives, the president of the senate and the secretary of state, on or before the first day of December in each year, an annual report showing the financial transactions of the system for the fiscal year of the state next preceding said date. The report shall contain, among other things, a financial balance sheet, a statement of income and expenditures, a valuation balance sheet as prepared by the actuary, a detailed statement of investments acquired and disposed of during the year, and such other statistical data as are deemed necessary for a proper interpretation of the condition of the system and the results of its operations. The report shall also provide: an operating statement summarizing meetings or hearings held, meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all the funds received and expended including the source of funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the board; a summary of any training courses held pursuant to § 36-8-4; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and the secretary of states website as prescribed in § 42-20-8.2 of the Rhode Island general laws. The director of the department of administration shall be responsible for the enforcement of this provision. The report shall also embody such other data as may be of use in the advancement of knowledge concerning state employee pensions and any recommendations of the board for changes in the laws pertaining to the system. The retirement board shall cause to be published for distribution among the members of the system a financial statement summarizing the results of operations for the fiscal year.
R.I. Gen. Laws § 36-11-12 — RI Code / Title 36 / Chapter 36-11 / Section 36-11-12
§ 36-11-12. Retirement system matters excluded from collective bargaining.
Status: in_force

Any and all matters relating to the employees retirement system of the state of Rhode Island are excluded as negotiable items in the collective bargaining process.
R.I. Gen. Laws § 36-6-5 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-5
§ 36-6-5. Manner of compensation prescribed by appropriation law.
Status: in_force

All officials and employees shall be compensated in the manner provided by the annual appropriation act or as may hereafter otherwise be prescribed by law. This section shall not apply to the directors of the several departments of the state of Rhode Island or to the general officers of the state of Rhode Island whose salaries shall be fixed by the general assembly.
R.I. Gen. Laws § 36-10-23 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-23
§ 36-10-23. Benefit payable on death after retirement.
Status: in_force

(a) Upon the death of a member after retirement, unless the member shall have selected any of the options provided in § 36-10-18, a benefit shall be payable consisting of the excess, if any, of the total contributions of the member at date of retirement, without interest, over the aggregate amount of all retirement allowance payments received by the member prior to his or her death.

(b) In addition, a benefit shall be payable upon the death of any retired member, regardless of date of retirement, consisting of the continuation of the ordinary death benefit provisions of the retirement act into retirement in the full amount, accrued at the date of retirement, for the first year subsequent to the date of retirement, provided also that in each succeeding year thereafter this amount shall be reduced on each retirement anniversary date by twenty-five percent (25%) until twenty-five percent (25%) of the total amount accumulated as of the date of retirement has been reached, provided, however, that the amount shall not be reduced to less than four thousand dollars ($4,000). This sum shall be continued thereafter as the sum payable on death after retirement.
R.I. Gen. Laws § 36-8-15 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-15
§ 36-8-15. Custody and investment of funds.
Status: in_force

(a) All money immediately required for the payment of retirement allowances or other benefits shall be deemed to be held in a trust under the laws of the state of Rhode Island with respect to which the general treasurer is designated the trustee in accordance with § 36-8-20(b). The trustee shall only invest these funds in accordance with the written objectives and guidelines established by the state investment commission pursuant to the provisions of chapter 10 of title 35 and other applicable law.

(b) All money not immediately required for the payment of retirement allowances or other benefits shall be invested in accordance with the provisions of chapter 10 of title 35 and other applicable law and shall be held in a custodial or trust account in accordance with § 36-8-20(b).

(c) By December 31, 1994, the trust and custodial account established under this section shall be maintained pursuant to written documents which expressly provide that 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 (except as otherwise permitted by § 36-8-20(b)).
R.I. Gen. Laws § 36-10-37 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-37
§ 36-10-37. Retirement benefits for certain general state officers.
Status: in_force

Any person who has served as governor, lieutenant governor, attorney general, secretary of state, or general treasurer for a period of twenty (20) consecutive years shall be entitled, upon his or her resignation or retirement, to receive annually during his or her life a sum equal to three quarters (Â¾) of the salary he or she was receiving at the time of his or her resignation or retirement. This section shall not apply to any person initially elected as governor, lieutenant governor, attorney general, secretary of state, or general treasurer on or after July 1, 2012.
R.I. Gen. Laws § 36-10-6 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-6
§ 36-10-6. Agreements for federal contributions.
Status: in_force

The retirement board shall have the authority to enter into agreements with the federal government or appropriate agencies thereof respecting grants, contributions, or reimbursements to be made by the federal government as an equitable share in the cost of providing the annuities, benefits, and retirement allowances for those members of the system whose compensation is paid, in whole or in part, by the federal government or for whose compensation the state receives reimbursement, in whole or in part, from the federal government.
R.I. Gen. Laws § 36-9-45 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-45
§ 36-9-45. Narragansett Bay Water Quality Management District Commission  Uninterrupted state service.
Status: in_force

Transferred employees, as defined in § 36-9-44, who return to employment with the state of Rhode Island directly from uninterrupted employment with the commission shall have their length of service at the commission deemed to be uninterrupted active state service for purposes of service credits in the retirement system, and for the benefits provided for in §§ 36-4-59, 36-5-7 and 36-5-8.
R.I. Gen. Laws § 36-11-6 — RI Code / Title 36 / Chapter 36-11 / Section 36-11-6
§ 36-11-6. Powers of representative organizations.
Status: in_force

Organizations representing state employees, firefighters as defined in § 28-9.1-3, and police officers as defined in § 28-9.2-3, shall enjoy all the benefits of and be subject to all the provisions of chapter 7 of title 28, except that those employees shall not have the right to strike.
R.I. Gen. Laws § 36-4-40 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-40
§ 36-4-40. Appeal from administrator to administrator of adjudication.
Status: in_force

Any person with provisional, probationary, or permanent status who feels aggrieved by an action of the personnel administrator may, within ten (10) calendar days of the mailing of the notice of that action, make a request in writing for an appeal hearing to the administrator of adjudication for the department of administration, and be heard within fourteen (14) calendar days of receipt of the appeal request.
R.I. Gen. Laws § 36-1-13 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-13
§ 36-1-13. Member of general assembly elected or appointed to office  Time for qualification.
Status: in_force

Notwithstanding the provisions of § 36-1-4, or of any other statute thereunto appertaining, a person who, while a member of the general assembly, is elected to office by the general assembly, or by either house thereof, or appointed to office by the governor, shall, within thirty (30) days after the date of his or her commission or within ten (10) days subsequent to the election and qualification of his or her successor as a member of the general assembly, whichever shall occur later, deliver to the secretary of state a certificate that he or she has been duly engaged thereon, signed by the person or persons before whom the engagement shall have been taken.
R.I. Gen. Laws § 36-8-3.1 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-3.1
§ 36-8-3.1. Immunity of board members.
Status: in_force

The members of the retirement board shall be immune from suit in any civil action for negligence based on any official act or statement performed or made in good faith in the course of their duties as set out in § 36-8-3.
R.I. Gen. Laws § 36-12-6 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-6
§ 36-12-6. Authority to purchase group life, accidental death, long term health care, and other insurance benefits.
Status: in_force

(a) The director of administration, or any employee of the department of administration designated by the director as his or her agent, is hereby authorized, empowered, and directed to contract with one or more insurance companies duly licensed by this state for the purchase of one or more contracts providing for group life, accidental death, long term health care and other insurance benefits in conformity with the provisions of §§ 36-12-6  36-12-14, to purchase contracts of insurance and to administer all provisions of §§ 36-12-6  36-12-14. Before entering into any insurance contract under this chapter, the director shall invite proposals from such qualified insurers as in his or her opinion would desire to accept any part of the insurance coverage authorized by §§ 36-12-6  36-12-14 including hospital care and surgical-medical services with the specific condition that the benefits and services provided by the carrier(s) will be substantially equivalent to those set forth in any collective bargaining agreements executed between the state of Rhode Island and authorized representatives of the unions representing state employees or the health care coverage presently being provided.

(b) The state will work diligently with leadership of organized labor in order to ensure competitiveness, cost effective health care services for all employees of the state who may be eligible for those benefits.

(c) Any new plan must accept pre-existing conditions for those individuals who will be covered by the new policy.

(d) The director may arrange with the company or companies from which the policy or policies of insurance authorized herein are purchased to reinsure portions of any contract or contracts of insurance with other insurance companies duly licensed in this state which elect to enter into contracts of reinsurance and are legally competent to do so. The director may annually redetermine the amount or amounts of coverage to be allocated to reinsuring companies in advance of any contract year after the first year.

(e) The director may designate one or more of those insurance companies as the administering company or companies.

(f) Each employee who is covered under any contract or contracts shall receive a certificate setting forth the benefits to which the employee and his or her dependents are entitled thereunder, to whom benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his or her dependents.

(g) The director may, on June 30, 1961, or at the end of any fiscal year thereafter, discontinue any insurance contract or contracts he or she has purchased from any corporation or corporations and replace it or them with a contract or contracts in any other corporation or corporations meeting the requirements of §§ 36-12-6  36-12-14.
R.I. Gen. Laws § 36-8-10.1 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-10.1
§ 36-8-10.1. Payment of administrative expense of the retirement board and maintaining the retirement system  Restricted receipts account.
Status: in_force

(a) There is hereby created a restricted receipt account, under the control of the general treasurer, the proceeds of which shall be used solely to pay the expenses of the retirement board, the cost of maintaining the retirement system, and the costs of administering the retirement system.

(b) There shall be transferred to this restricted receipt account seventeen and one-half (17.5) basis points (0.175%), where one hundred (100.0) basis points equals one percent (1.0%), of the average total investments before lending activities as reported in the annual report of the auditor general for the next preceding five fiscal years. Any nonencumbered funds on June 30 of any fiscal year shall be credited to the employees retirement system of the state of Rhode Island and to the municipal employees retirement system of the state of Rhode Island in the same proportion as their contributions to the restricted receipt account established by this section during the fiscal year.
R.I. Gen. Laws § 36-9-1 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-1
§ 36-9-1. Earliest date of commencement of membership.
Status: in_force

Membership in the retirement system shall begin not earlier than the first day of July, 1936, and shall consist of the persons described in §§ 36-9-2 and 36-9-3.
R.I. Gen. Laws § 36-9-2 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-2
§ 36-9-2. Membership of persons employed after establishment of system.
Status: in_force

All employees as defined in chapter 8 of this title who became employees on or after July 1, 1936, shall, under contract of their employment become members of the retirement system and shall receive no pension or retirement allowance from any other pension or retirement system supported wholly or in part by the state of Rhode Island, except as provided in chapter 10.3 of title 36 and § 36-9-3, nor shall they be required to make contributions under any other pension or retirement system of the state except as provided in chapter 10.3 of title 36, anything to the contrary notwithstanding; provided, however, that this section shall not apply to those employees who may be required or elect to participate in a retirement program existing by virtue of chapter 17.1 of title 16 or § 36-10-9.1.
R.I. Gen. Laws § 36-10-31 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-31
§ 36-10-31. Deduction of amounts received from workers compensation or as damages.
Status: in_force

Any amount paid or payable under the provisions of any workers compensation law exclusive of Medicare set-aside allocations, specific compensation benefits or any benefits authorized by the terms of a collective bargaining agreement or as the result of any action for damages for personal injuries against the state of Rhode Island on account of the death or disability of a member shall be offset against and payable in lieu of any benefits payable out of funds provided by the state under the provisions of this chapter on account of the death or disability of the member. If the value of the total commuted benefits under any workers compensation law or action is less than the present value on an actuarial basis of the benefits otherwise payable under this chapter, the value of the commuted payments shall be deducted from the present value of the benefits and the balance thereof shall be payable under the provisions of this chapter.
R.I. Gen. Laws § 36-10-18 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-18
§ 36-10-18. Optional benefits.
Status: in_force

(a) A beneficiary, or, if the beneficiary be an incompetent, then the beneficiarys spouse or domestic partner or if there is no spouse or domestic partner, a guardian of the beneficiarys estate, may elect to receive the benefit in a retirement allowance, payable throughout life, or the beneficiary may then elect to receive the actuarial equivalent, at that time, of the beneficiarys retirement allowance in a lesser retirement allowance as determined by actuarial calculation, which shall be payable throughout life with the provision that:

(1) Option 1. Upon the beneficiarys death, the beneficiarys lesser retirement allowance shall be continued throughout the life of and paid to such person having an insurable interest in the beneficiarys life, as the beneficiary, the beneficiarys spouse or domestic partner, or the beneficiarys guardian so electing, shall nominate by written designation duly acknowledged and filed with the retirement board at the time of his or her retirement.

(2) Option 2. Upon the beneficiarys death, one-half (Â½) of the beneficiarys lesser retirement allowance shall be continued throughout the life of and paid to such person, having an insurable interest in the beneficiarys life, as the beneficiary, the beneficiarys spouse or domestic partner, or the beneficiarys guardian so electing, shall nominate by written designation duly acknowledged and filed with the retirement board at the time of the beneficiarys retirement.

(b)(1) For purposes of any election under this section or §36-10-19.1, the member, members spouse or domestic partner, or guardian, as the case may be, may designate more than one person to receive benefits after the members death, provided that the designation shall specify the portion of the actuarial equivalent of the members retirement allowance to be paid to each person, and provided further that the aggregate actuarial value of the portions shall not exceed the actuarial equivalent of the members retirement benefit determined:

(i) In the case of an election under this section) as of the date of the members retirement; or

(ii) In the case of an election under §36-10-19.1 as of the members date of death.

(2) A member selecting more than one person to receive benefits under this section or §36-10-19.1 may only select beneficiaries from among his or her children, adopted children, step-children, and/or spouse or domestic partner.

(c) If prior to July 1, 2012, a member elected an optional form of benefit other than a life annuity in accordance with paragraph (a)(1) or (2) above, the member may elect to change his or her form of benefit to a life annuity by filing an election with the retirement board on or before June 30, 2013, provided that the members beneficiary is still alive at the time the election is filed.
R.I. Gen. Laws § 36-10-40 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-40
§ 36-10-40. Domestic partner  Definition.
Status: in_force

For purposes of this chapter, domestic partner shall be defined as a person who, prior to the decedents death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:

(1) Both partners were at least eighteen (18) years of age and were mentally competent to contract;

(2) Neither partner was married to anyone else;

(3) Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;

(4) Partners resided together and had resided together for at least one year at the time of death; and

(5) Partners were financially interdependent as evidenced by at least two (2) of the following:

(i) Domestic partnership agreement or relationship contract;

(ii) Joint mortgage or joint ownership of primary residence;

(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or

(iv) The domestic partner had been designated as a beneficiary for the decedents will, retirement contract or life insurance.
R.I. Gen. Laws § 36-10-34 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-34
§ 36-10-34. Exemption of benefits and contributions from attachment.
Status: in_force

Any and all retirement benefits and contributions in the state employees and municipal employees retirement systems shall be exempt from lien, attachment, or garnishment and shall not be transferable or assignable; provided, however, that any governmental agency which may have a claim on money due from one of its employees related to his or her employment in the agency shall have the right to the payment at the time any refund of contributions is made to the member.
R.I. Gen. Laws § 36-10-17 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-17
§ 36-10-17. Reexamination of disability beneficiaries  Reduction of benefit  Reinstatement to active service.
Status: in_force

Once each year the retirement board may, and upon his or her application shall, require any disability beneficiary under the minimum age of service retirement to undergo a medical examination. The examination to be made at the place of residence of the beneficiary or other place mutually agreed upon by a physician or physicians engaged by the retirement board. If the examination indicates that the beneficiary is able to engage in a gainful occupation, his or her name shall be placed on such appropriate lists of candidates as are prepared for appointment to positions in his or her department or agency for which he or she is stated to be qualified and for a salary grade not exceeding that from which he or she was last retired. Should the beneficiary be engaged in a gainful occupation or should he or she be offered service as a result of the placing of his or her name on a list of candidates, the retirement board shall adjust and from time to time readjust, the amount of his or her disability benefit to an amount which shall not exceed the rate of benefit upon which he or she was originally retired, and which, when added to the amount then earnable by him or her, shall not exceed his or her rate of annual compensation currently for the classification that the disability annuitant held prior to retirement. Should any disability beneficiary under the minimum age of service retirement refuse to submit to one medical examination in any year by a physician or physicians designated by the retirement board, his or her benefit shall be discontinued until his or her withdrawal of the refusal and should his or her refusal continue for one year, all his or her rights in and to disability benefit shall be revoked by the retirement board. A disability beneficiary, reinstated to active service, shall be reinstated as a member and participate in the rights of the retirement system to the same extent as any other member.
R.I. Gen. Laws § 36-10-10 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-10
§ 36-10-10. Amount of service retirement allowance.
Status: in_force

(a)(1)(i) For employees eligible to retire on or before September 30, 2009, upon retirement from service under §36-10-9, a member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A below for service prior to July 1, 2012:

(ii) For employees eligible to retire on or after October 1, 2009, who were not eligible to retire on or before September 30, 2009, upon retirement from service under §36-10-9, a member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A above for service on before September 30, 2009, and shall be determined in accordance with schedule B in subsection (a)(2) below for service on or after October 1, 2009, and prior to July 1, 2012.

(2) Upon retirement from service under §36-10-9, a member whose membership commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory service as of July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with Schedule B below for service prior to July 1, 2012:

(b) The retirement allowance of any member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall be in an amount equal to the percentage allowance specified in subsection (a)(1) of the members average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed eighty percent (80%) of the compensation payable at completion of thirty-five (35) years of service; provided, however, for employees retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation; provided, however, for employees retiring on or after July 1, 2024, the calculation shall be based on the average highest three (3) consecutive years of compensation. Any member who has in excess of thirty-five (35) years on or before June 2, 1985, shall not be entitled to any refund, and any member with thirty-five (35) years or more on or after June 2, 1985, shall contribute from July 1, 1985, until the members retirement.

The retirement allowance of any member whose membership commenced after July 1, 2005, or who had not completed at least ten (10) years of contributory service as of July 1, 2005, shall be in an amount equal to the percentage allowance specified in Schedule B of the members average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed seventy-five percent (75%) of the compensation payable at the completion of thirty-eight (38) years of service; provided, however, for employees retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation; provided, however, for employees retiring on or after July 1, 2024, the calculation shall be based on the average highest three (3) consecutive years of compensation.

(c) Any member with thirty-eight (38) years or more of service prior to December 31, 1985, shall not be required to make additional contributions. Contributions made between December 31, 1985, and July 1, 1987, by members with thirty-eight (38) or more years of service prior to December 31, 1985, shall be refunded by the retirement board to the persons, their heirs, administrators, or legal representatives.

(d) For service prior to July 1, 2012, the retirement allowance of a member shall be determined in accordance with subsections (a)(1) and (a)(2) above. For service on and after July 1, 2012, a members retirement allowance shall be equal to:

(i) For members with fewer than twenty (20) years of total service as of June 30, 2012, one percent (1%) of the members average compensation multiplied by the members years of total service on and after July 1 2012; and

(ii) For members with twenty (20) or more years of total service as of June 30, 2012, a members retirement allowance shall be equal to one percent (1%) of the members average compensation multiplied by the members years of total service between July 1, 2012, and June 30, 2015, and two percent (2%) of the members average compensation multiplied by the members years of total service on and after July 1, 2015. For purposes of computing a members total service under the preceding sentence, service purchases shall be included in total service only with respect to those service purchases approved prior to June 30, 2012, and those applications for service purchases received by the retirement system on or before June 30, 2012.

In no event shall a members retirement allowance exceed the maximum limitations set forth in paragraph (b) above.
R.I. Gen. Laws § 36-6-17 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-17
§ 36-6-17. Deductions for union dues.
Status: in_force

(a) Upon written authorization of any state employee who is a member of any bona fide labor union or who voluntarily elects to pay dues or fees to a union, the state controller shall deduct from the employees salary his or her dues as a member or fees and shall remit, together with a list by departments of the members or fee payers whose payments have been deducted, the amounts so deducted, to the treasurer of the labor union, designated by the employee in the request; provided, however, that where a labor union has been recognized as the sole and exclusive bargaining representative for an appropriate unit, only the dues or fees for the sole and exclusive bargaining representative shall be deducted. The state controller shall make dues or fee deductions, on an ongoing basis, unless the employee files a written notice requesting termination of the payments, with the exclusive bargaining representative.

(b) In the case of an employee employed in an area where there is no certified exclusive bargaining organization, the request for dues deductions or fees to a bona fide labor union shall be voluntary and shall take effect thirty (30) days after presentation. If the employer and the selected sole and exclusive bargaining representative have reached an agreement regarding the payment of dues or fees or the employee on a voluntary basis elects to pay dues or fees, then the state controller shall make dues or fee deductions on an ongoing basis, unless the employee files a written notice requesting termination of the payments with the exclusive bargaining representative.
R.I. Gen. Laws § 36-6-10 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-10
§ 36-6-10. Biweekly payment of salaries.
Status: in_force

All salaries of state employees and officials shall be payable biweekly and the biweekly rate shall be one twenty-sixth (1/26) of the annual rate. The biweekly rate shall be considered to be complete payment of the annual rate.
R.I. Gen. Laws § 36-4-16 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-16
§ 36-4-16. Unclassified pay plan board  Abolishment  Transfer of functions.
Status: in_force

Upon the effective date of this section [June 20, 2005], the unclassified pay plan board shall be abolished, and all powers, duties and obligations of the board conferred thereon pursuant to the provisions of this chapter shall be transferred to and administered by the department of administration. Any reference to the unclassified pay plan board within the general laws shall now be construed to refer to the department of administration.
R.I. Gen. Laws § 36-14-10 — RI Code / Title 36 / Chapter 36-14 / Section 36-14-10
§ 36-14-10. Educational powers of the commission.
Status: in_force

(a) The commission is hereby empowered to establish and implement an educational program for the purpose of educating public officials and employees and the general public about the ethical standards embodied in the Rhode Island code of ethics in government, which program may include the preparation and dissemination of brochures, other publications and the conduct of workshops and seminars.

(b) The educational program authorized by this section shall be established by the commission in the exercise of the rulemaking authority conferred by § 36-14-9(a)(3).

(c) The commission may, by rule or regulation, delegate to its executive director (or other designated employee) such authority as it may deem necessary for the implementation of the educational program authorized by this section.
R.I. Gen. Laws § 36-7-10 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-10
§ 36-7-10. Retirement system defined.
Status: in_force

(a) A retirement system for the purposes hereof shall mean any annuity, pension, or retirement fund or system established by state law or by action of a city, town, or agency of the state. Pursuant to § 218(d)(6) of the federal Social Security Act, 42 U.S.C. § 418, the employees retirement system of the state of Rhode Island created by chapters 8 to 10 of this title, shall, for the purposes of §§ 36-7-1  36-7-31 be deemed to constitute a separate retirement system with respect to the state and a separate retirement system with respect to each city or town having positions covered thereby.

(b) Effective as of the date § 218(d)(6) of the Social Security Act, as amended by public law 880, 84th congress, is made applicable to the state of Rhode Island, the separate retirement system established by the preceding sentence with respect to the state, and the separate retirement systems established by that sentence with respect to each city or town shall, for the purposes of this chapter, also be deemed to constitute two (2) retirement systems with respect to the state, and in the case of any the city or town, two (2) retirement systems with respect to the city or town, one of which is composed of the positions of members of that system who have expressed their desire to be covered under the Social Security Act, 42 U.S.C. § 301 et seq., and all individuals becoming members of that system after the date coverage under the Social Security Act is extended, and the other of which is composed of the positions of members who have not expressed a desire for that coverage.

(c) In case of such division of a system in accordance with the desire of the members thereof, the position of any member of the deemed system composed of the positions of members who did not express a desire to be covered under the Social Security Act may be transferred in the manner and to the extent permitted by § 218(d) of the Social Security Act to the deemed system composed of the positions of members who did express to be so covered.

(d) Further, in case of such division of a system, an individual who is in a position covered by that retirement system and who is not a member thereof, but who is eligible to be a member, shall be considered to be a member, and social security coverage shall be obtained for that individual to the extent permitted by § 218(d)(6)(E) of the Social Security Act.

(e) Nothing in this chapter shall prevent the coverage under the Social Security Act of members of the state employees retirement system in accordance with a vote held under § 218(d)(7) of the Social Security Act.
R.I. Gen. Laws § 36-3-4 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-4
§ 36-3-4. Division established  Administrator.
Status: in_force

There is hereby established within the department of administration a division of personnel administration. The head of this division shall be known as the personnel administrator who shall be in the classified service and whose salary shall be established in accordance with the terms of the pay plan for classified employees.
R.I. Gen. Laws § 36-9-31 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-31
§ 36-9-31. Armed service credit.
Status: in_force

(a) Any active member of the retirement system, who served on active duty in the armed service of the United States or in the Merchant Marine service of the United States as defined in P.L. 1946, ch. 1721, § 2 may purchase credit for that service up to a maximum of four (4) years provided that he or she has received an honorable discharge. Provided further that any employee on an official leave of absence for illness or injury shall be eligible to purchase military credits as defined herein while on the leave of absence.

(b) The cost to purchase these credits shall be ten percent (10%) of the members first years earnings as a state employee as defined in chapter 9 of this title, multiplied by the number of years and fraction thereof of the armed service or Merchant Marine service up to a maximum of four (4) years.

(c) There will be no interest charge provided the member makes that purchase during his or her first five (5) years of membership in the retirement system, but will be charged regular interest to date of purchase from date of enrollment into membership if purchased after completing five (5) years of membership; provided, however, any member who was in the retirement system prior to July 1, 1980, would not be charged interest whenever he or she purchases the armed services credit.
R.I. Gen. Laws § 36-4-41 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-41
§ 36-4-41. Appeal from administrator of adjudication to appeal board.
Status: in_force

Any person with provisional, probationary, or permanent status who feels aggrieved by a decision of the administrator of adjudication may, within thirty (30) calendar days of the rendering of a decision, request in writing for the personnel appeal board to review the decision or conduct a public hearing. Within thirty (30) calendar days of the receipt of the request, the personnel appeal board shall make a report of its findings and recommendations to the governor based upon the decisions of the administrator of adjudication or the testimony taken at a hearing. Copies of the report shall be forwarded to the office of labor relations within the department of administration and to the office of the administrator of adjudication. Within fifteen (15) calendar days of the receipt of the report, the governor shall make his or her decision and so notify the appellant, the personnel appeal board, administrator of adjudication, and the office of labor relations.
R.I. Gen. Laws § 36-9-22 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-22
§ 36-9-22. Cessation of membership.
Status: in_force

If any member becomes a beneficiary, dies, or receives a refund of contributions, he or she shall thereupon cease to be a member, subject, however, to the provisions of § 36-10-8 in regard to reinstatement of membership in the case of a member who has received a refund and who has subsequently reentered the service of the state.
R.I. Gen. Laws § 36-4-6 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-6
§ 36-4-6. Appointments to noncompetitive branch.
Status: in_force

Appointments to positions in the noncompetitive branch shall be designated as noncompetitive appointments, and shall be made upon recommendation of the appointing authority and approval of the personnel administrator subject to established requirements for character and physical condition.
R.I. Gen. Laws § 36-1-4 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-4
§ 36-1-4. Delivery of certificate of engagement to secretary of state.
Status: in_force

Every person so elected or appointed to office shall, within thirty (30) days after the date of his or her commission, deliver to the secretary of state a certificate that he or she has been duly engaged thereon, signed by the person before whom the engagement shall have been taken.
R.I. Gen. Laws § 36-4-23.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-23.1
§ 36-4-23.1. Reemployment lists.
Status: in_force

Any person who holds full status in the classified service and resigns in good standing shall be entitled to have his or her name placed on an appropriate reemployment list, provided that the person so requests in writing within three (3) years of the date of his or her termination from the state service. Any person with full status who has resigned and whose appointing authority has failed to certify that he or she has resigned in good standing or any person with full status who has been dismissed from the classified service may request in writing within three (3) years of the date of his or her termination that his or her name be placed on the appropriate reemployment list and the request may be granted at the discretion of the personnel administrator. Each name placed on a reemployment list shall be stricken therefrom at the expiration of three (3) years from the official termination date.
R.I. Gen. Laws § 36-7-12 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-12
§ 36-7-12. Request for referendum of city, town, or agency retirement system members.
Status: in_force

With respect to the employees of any city or town or agency of the state included in § 36-7-2(1)(iii) which has elected to participate in accordance with and pursuant to §§ 36-7-6 and 36-7-7, which employees are members of a retirement system, the legislative body of the city or town or agency 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 retirement system shall be excluded from or included under an agreement under this chapter.
R.I. Gen. Laws § 36-4-17 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-17
§ 36-4-17. Preparation of employment lists.
Status: in_force

The personnel administrator shall, as in his or her estimation the need requires, prepare for the several classes of positions in the classified service statewide or regional lists of persons eligible for original appointment to positions in those classes. Each employment list shall include the names of those persons who have shown by competitive tests that they possess the qualifications which entitle them to be considered eligible for appointment to any position in the class or classes for which the list is prepared.
R.I. Gen. Laws § 36-10-9.3 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-9.3
§ 36-10-9.3. Retirement on service allowance  Registered nurses.
Status: in_force

(a) This section shall apply to the retirement of members employed as registered nurses within the department of behavioral healthcare, developmental disabilities and hospitals.

(b) Any member who has attained the age of fifty (50) years may be retired subsequent to the proper execution and filing of written application; provided, however, that the member shall have completed twenty-five (25) years of total service within the department of behavioral healthcare, developmental disabilities and hospitals and who retires before October 1, 2009, or is eligible to retire as of September 30, 2009.

(c) For members who become eligible to retire on or after October 1, 2009, benefits are available to members who have attained the age of fifty-five (55) and have completed at least twenty-five (25) years of total service within the department of behavioral healthcare, developmental disabilities and hospitals. For members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of fifty-five (55), the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:

(1) The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of fifty-five (55).

(2) The formula shall then take the members total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (1) as the denominator.

(3) The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from age fifty-five (55).
R.I. Gen. Laws § 36-10-9.1 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-9.1
§ 36-10-9.1. Retirement on service allowance  Legislators.
Status: in_force

(a) Every person who shall have served as a member of the senate or of the house of representatives, or in combination of both the senate and the house of representatives, and/or other employment as defined in § 36-9-20, and/or including up to four (4) years of military service as defined in § 36-9-31, for a period in the aggregate of eight (8) years, and having attained the age of fifty-five (55) years shall be entitled to receive a retirement allowance, as in § 36-10-10.1 upon application therefor to the retirement board; provided, however, that any person who shall have served as a member of the senate or of the house of representatives, or in combination of both the senate and the house of representatives, and/or other employment as defined in § 36-9-20, and/or including up to four (4) years of military service as defined in § 36-9-31, for a period in the aggregate of twenty (20) years or more shall be entitled to receive a retirement allowance as in § 36-10-10.1 regardless of his or her age upon completion of the twenty (20) years; provided further, however, that if any person who shall have served as a member of the senate or the house of representatives, or in combination of both the senate or the house of representatives, and/or other employment as defined in § 36-9-20, for a period in the aggregate of eight (8) years dies leaving a surviving spouse or domestic partner, the benefit as provided by § 36-10-10.1 shall be payable to his or her spouse or domestic partner to be continued for his or her lifetime or remarriage or establishment of a domestic partnership.

(b) No legislator shall be eligible for benefits under this section unless the legislator shall have served a minimum of four (4) years as a member of the senate or the house of representatives or in combination of both the senate and the house of representatives.

(c) Except as hereinafter provided, any legislator, elected at the general election in 1988 or thereafter to serve as a member of the general assembly shall not be eligible for benefits under subsection (a) of this section unless the legislator shall have served a minimum of eight (8) years as a member of the senate or the house of representatives or in combination of both the senate and the house of representatives; provided however, that the provisions of this subsection shall not apply to any legislator who was elected to serve as a member of the general assembly prior to the general election of 1988.

(d) Service credits earned prior to January 5, 1993, by a person as a member of the senate or of the house of representatives or in combination of both the senate and the house of representatives may be utilized by that person for any retirement purpose permitted under current law.

(e) Service credits earned on or after January 5, 1993, by a person as a member of the senate or of the house of representatives or in combination of both the senate and the house of representatives may be utilized by that person only for the purposes of § 36-10-10.1.
R.I. Gen. Laws § 36-8-9 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-9
§ 36-8-9. Legal adviser  Treasurer  Executive officers and secretary.
Status: in_force

(a) There shall be a legal counsel to the board who shall be appointed by the general treasurer. The general treasurer shall be ex-officio chairperson and treasurer of the retirement board and he or she shall be responsible for appointing the custodian of the funds. There shall also be an executive director who shall be appointed by the retirement board. The executive director shall be in charge of administration of the retirement system and shall serve as secretary to the retirement board. In addition, the retirement board shall appoint an assistant director who shall serve as director and/or secretary in the absence of the director.

(b) Any negotiated agreement entered into after June 1, 1992, between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules, regulations, and policies as adopted and promulgated by the retirement board shall be null and void unless and until approved by formal action of the retirement board for good cause shown.
R.I. Gen. Laws § 36-9-47 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-47
§ 36-9-47. Purchase of service credits payable by installment.
Status: in_force

Notwithstanding any other provisions of this chapter or of any other public or general law to the contrary, the retirement board shall permit individuals who purchase service credit to do so in installments. The retirement board shall create, by rule and regulation, provisions allowing that individuals purchasing service credit may do so on an installment plan by payroll deduction not to exceed five (5) years, provided that all purchases must be made prior to retirement. The retirement board shall charge interest at the actuarial assumed rate of return adopted by the board for purchases made on an installment plan.
R.I. Gen. Laws § 36-9-46 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-46
§ 36-9-46. Transfer of state employees to Narragansett Bay water quality management district commission  Union employees.
Status: in_force

The transfer of state employees to commission employees shall not alter existing bargaining units, any provision of the general laws to the contrary notwithstanding.
R.I. Gen. Laws § 36-4-38 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-38
§ 36-4-38. Dismissal.
Status: in_force

A classified employee with temporary status may be dismissed at the pleasure of an appointing authority under the provisions of § 36-4-31. A classified employee with provisional or probationary status may be dismissed for reasons relating to the employees qualifications or for the good of the service. A classified employee with permanent status may be dismissed by an appointing authority whenever he or she considers the good of the service to be served thereby, stated in writing, with full and sufficient reason, and filed with the personnel administrator. Any removal or separation of an employee from the classified service not otherwise provided for in this chapter shall be deemed to be a dismissal. In every case of dismissal, the appointing authority shall on or before the effective date thereof give written notice of this action and the reason therefor to the employee and shall file a copy of the notice with the personnel administrator not later than three (3) days after the effective date.
R.I. Gen. Laws § 36-8-10 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-10
§ 36-8-10. Accounts and statistical records  Clerical and professional assistance  Disbursements.
Status: in_force

The general treasurer, under the direction and supervision of the retirement board, shall be charged with the establishment and maintenance of such accounts and statistical records as the retirement board may require and he or she shall employ such clerical assistance as shall be necessary to carry out properly the provisions of chapters 8  10 of this title. The retirement board shall secure the services of an actuary who shall be the actuarial advisor of the board and who shall make the actuarial computations and valuations required by chapters 8  10. The retirement board shall secure the services of such physicians as shall be necessary to make the medical examinations required by those chapters. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums as may from time to time be necessary, upon receipt by him or her of vouchers prepared and duly authenticated by the chief of the retirement system.
R.I. Gen. Laws § 36-6-21.1 — RI Code / Title 36 / Chapter 36-6 / Section 36-6-21.1
§ 36-6-21.1. State employee transportation guide plan.
Status: in_force

(a) Findings: Rhode Island is dedicated to environmental protection, efficient use of resources, sound fiscal policy, and sustainable development. Reducing vehicle miles traveled for commuting to work can lead to reductions in air pollution emissions, greenhouse gases, energy consumption, road congestion, and parking shortages. Reduced vehicle miles traveled would also lead to lower total motor fuel consumption, keeping more energy dollars that now flow out-of-state available in the state for local consumption and investment; a state government plan to reduce drive alone commuting and an increase in carpooling, transit use, and walk-to-work modes is required. State government, as a major employer can lead by example in promoting alternative forms of travel that can reduce vehicle miles traveled.

(b) The department of administration shall set up a committee on state employee transportation which shall consist of the directors of the department of administration, RIDOT, RIDEM, RIDOH and statewide planning, or their designees, the general manager of RIPTA or designee, and a representative from a state employee union, to develop, publicize, and implement a plan to give incentives to state employees to reduce vehicle miles in commuting to work. The committee will investigate employee incentives for reducing commuting vehicle miles offered by other public bodies around the country, investigate practices developed by the environmental protection agencys Best Workplaces for Commuters Program, consider the implementation of carpool, telecommuting, guaranteed-ride-home, bike-to-work and walk-to-work programs, and incorporate or adopt those ideas deemed appropriate for Rhode Island into the plan. The plan shall include, but is not limited to, a means for determining base year values of the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and progress toward meeting commute trip reduction plan goals on an annual basis. The goals of miles traveled per employee for all state agencies shall not be less than fifteen percent (15%) reduction from the base year value by January 1, 2012, twenty-five percent (25%) reduction from the base year values by January 1, 2014, and thirty-five percent (35%) reduction from the base year values by January 1, 2016. The plan will also include an offer of a RIPTA transit pass to employees in lieu of parking privileges.

(c) The director of the department of administration shall report annually to the governor and the committee as to the progress being made to meet the goals.
R.I. Gen. Laws § 36-4-58 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-58
§ 36-4-58. Severability.
Status: in_force

The provisions of this chapter and chapter 3 of this title shall be severable, and if any of the provisions shall be held to be invalid, the decision of the court respecting the provision or provisions shall not affect the validity of any other provisions which can be given effect without the invalid provisions. It is hereby declared to be the legislative intent that this chapter and chapter 3 would have been adopted by the general assembly had the invalid provisions not been included in this chapter.
R.I. Gen. Laws § 36-3-2 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-2
§ 36-3-2. Purpose of chapters 3 and 4 of this title.
Status: in_force

(a) Whereas the legislature in the January 1951 session established a department of administration and in article II thereof created a merit system of personnel administration and a division of personnel administration within the department, it is apparent the intent was to establish an organization which would be more effective in securing qualified personnel for the classified service of the state than had been the case under the civil service department as created in chapter 661 of the Public Laws of 1939. To further clarify that intent and to provide for its accomplishment, there is proposed a restatement of chapter 661 and certain amendments thereto with proposed changes which will provide the authority necessary to attain the desired objectives.

(b) The purpose of this chapter and chapter 4 of this title is to guarantee to all citizens a fair and reasonable opportunity for public service, to establish conditions of service which will attract officers and employees of character and capacity, and to increase the efficiency of the governmental departments and agencies by the improvement of methods of personnel administration.
R.I. Gen. Laws § 36-4-23 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-23
§ 36-4-23. Preferred reemployment list.
Status: in_force

Any person in the classified service who holds permanent status and is laid off as a result of reorganization, abolishment of positions by reason of reduction of force due to lack of work or lack of funds shall be placed on the list in the order of length of service and appointment therefrom shall be in the same order.
R.I. Gen. Laws § 36-4-50.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-50.1
§ 36-4-50.1. Certification of select positions.
Status: in_force

The personnel administrator in consultation with the equal employment opportunity administrator within the department of administration shall identify classes of positions within state government in which there exists a need for a particular linguistic background or skill. Service oriented departments of state, including, but not limited to, Rhode Island state police, labor and training, corrections, children, youth, and families, courts, human services, and transportation shall identify those positions that will best serve persons utilizing the services of the departments and notify the personnel administrator of those positions. Based on recognition by the aforementioned administrators that a need for employees with a specific linguistic background or skill exists in order to serve the client population, the personnel administrator is authorized during the initial hiring process to certify names from other than the top six names on a certified list as required by § 36-4-26. The personnel administrator shall promulgate rules and regulations under the administrative procedures act to carry out the provisions of this section; furthermore, it is the legislative intent of the general assembly that the rules and regulations shall be promulgated with due regard to the linguistic background of the population to be served, to the specific requirements of this section, to other relevant provisions of this chapter, and to the terms of existing collective bargaining agreements.
R.I. Gen. Laws § 36-12-10 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-10
§ 36-12-10. Participation by employees.
Status: in_force

Any policy of insurance purchased by the director as authorized in §§ 36-12-6  36-12-14 shall provide that all employees eligible under the terms of §§ 36-12-6  36-12-14 will be automatically insured thereunder commencing on the date they first become so eligible; provided, that any employee desiring not to be so insured shall, on an appropriate form to be prescribed by the director, give written notice to the director that he or she desires not to be insured. If the notice is received before the employee shall have become insured under the policy he or she shall not be so insured; if it is received after he or she shall have become insured his or her insurance under the policy shall cease, effective with the end of the pay period during which the notice is received by the director.
R.I. Gen. Laws § 36-11-7 — RI Code / Title 36 / Chapter 36-11 / Section 36-11-7
§ 36-11-7. Obligation to bargain.
Status: in_force

It shall be the obligation of the chief executive or his or her designee (appointed, elected, or possessing classified status) to meet and confer in good faith with the representatives of the state employees bargaining agent within ten (10) days after receipt of written notice from the bargaining agent of the request for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreement resulting from negotiations to be reduced to a written contract.
R.I. Gen. Laws § 36-4-49 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-49
§ 36-4-49. Recovery of unlawful payments.
Status: in_force

Any payment violating the provisions of the pay plan or the rules pertaining thereto, made to a person appointed or established in his or her position in a manner contrary to the provisions of this chapter, may be recovered from the appointing authority, or any officer or person making the payment, whoever is culpable, or from the sureties on the official bond of that officer or person. Action for the recovery may be maintained by the director, any officer, or employee of the state service, or any citizen of the state. All money recovered under this section shall be paid into the state treasury and credited to the general fund.
R.I. Gen. Laws § 36-9-3 — RI Code / Title 36 / Chapter 36-9 / Section 36-9-3
§ 36-9-3. Retired members of the state police  Eligibility.
Status: in_force

Whenever any retired member of the Rhode Island state police shall be an employee of the state or any of its agencies, commissions, or bureaus in any capacity, other than as a member of the state police, as defined in chapter 8 of this title, that employee shall be eligible to participate and receive benefits as provided in chapters 8  10 of this title; provided, however, that in no event shall any retired member collect a state police pension while in the employ of the state as provided herein, nor shall any years of service for which the member is eligible for a state police pension be included in or added to the members credits for eligibility or for benefits under chapters 8 to 10 of this title.
R.I. Gen. Laws § 36-10-14 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-14
§ 36-10-14. Retirement for accidental disability.
Status: in_force

(a) Medical examination of an active member for accidental disability and investigation of all statements and certificates by him or her or in his or her behalf in connection therewith shall be made upon the application of the head of the department in which the member is employed or upon application of the member, or of a person acting in his or her behalf, stating that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident while in the performance of duty, and certify the definite time, place, and conditions of the duty performed by the member resulting in the alleged disability, and that the alleged disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member should, therefore, be retired.

(b) The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the members present disability and shall be accompanied by an accident report and a physicians report certifying to the disability; provided that if the member was able to return to his or her employment and subsequently reinjures or aggravates the same injury, the application shall be made within the later of five (5) years of the alleged accident or three (3) years of the reinjury or aggravation. The application may also state the member is permanently and totally disabled from any employment.

(c) If a medical examination conducted by three (3) physicians engaged by the retirement board and such investigation as the retirement board may desire to make shall show that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and that the disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member has not attained the age of sixty-five (65), and that the member should be retired, the physicians who conducted the examination shall so certify to the retirement board stating the time, place, and conditions of service performed by the member resulting in the disability and the retirement board may grant the member an accidental disability benefit.

(d) The retirement board shall establish uniform eligibility requirements, standards, and criteria for accidental disability which shall apply to all members who make application for accidental disability benefits.
R.I. Gen. Laws § 36-7-17 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-17
§ 36-7-17. Majority required for inclusion of retirement system members under social security.
Status: in_force

The affirmative approval of at least a majority of the members of the retirement system eligible to vote in the referendum shall determine the inclusion of the members of the retirement system under an agreement under this chapter.
R.I. Gen. Laws § 36-4-16.5 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-16.5
§ 36-4-16.5. Certain unclassified positions excluded.
Status: in_force

Sections 36-4-16.2 and 36-4-16.4 of this chapter shall have no application to those positions enumerated in subdivisions 36-4-2(1), 36-4-2(2) and 36-4-2(3), and the department of administration shall have no jurisdiction over the status, tenure or salaries of those said enumerated positions.
R.I. Gen. Laws § 36-4-5 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-5
§ 36-4-5. Assignment of positions to noncompetitive branch  Transfer to competitive branch.
Status: in_force

No class of positions shall be assigned to the noncompetitive branch unless the assignment has been recommended by the personnel administrator, the director has held a public hearing thereon, has recommended the assignment to the governor, and the governor has approved the assignment. A class of positions may be transferred from the noncompetitive branch to the competitive branch in the same manner.
R.I. Gen. Laws § 36-10-2.1 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-2.1
§ 36-10-2.1. Actuarial cost method.
Status: in_force

(a) To determine the employer contribution rate for the State of Rhode Island for fiscal year 2002 and for all fiscal years subsequent, the actuary shall compute the costs under chapter 10 of title 36 using the entry age normal cost method.

(b) The determination of the employer contribution rate for fiscal year 2013 shall include a reamortization of the current Unfunded Actuarial Accrued Liability (UAAL) over a closed twenty-five (25) year period. After an initial period of five (5) years, future actuarial gains and losses occurring within a plan year will be amortized over individual new twenty (20) year closed periods.

(c) The determination of the employer contribution rate commencing with fiscal year 2017 shall include a re-amortization of the current unfunded actuarial accrued liability (UAAL) attributable to the sixty percent (60%) of contribution responsibility not partitioned to the state in § 16-16-22 over a closed twenty-five (25) year period. This will be accomplished by dividing the UAAL as of June 30, 2014 into two (2) separate amortization periods. Future actuarial gains and losses occurring within a plan year will be amortized over individual new twenty (20) year closed periods and allocated in the forty percent (40%) state / sixty percent (60%) municipal proportion set forth in § 16-16-22.
R.I. Gen. Laws § 36-11-4 — RI Code / Title 36 / Chapter 36-11 / Section 36-11-4
§ 36-11-4. Applicability.
Status: in_force

The provisions of this chapter and the procedures established hereunder shall be applicable in any state department or agency to conditions which are in whole or part subject to the control of the head of the department or agency and which involve conditions of employment.
R.I. Gen. Laws § 36-4-40.2 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-40.2
§ 36-4-40.2. Hearings  Appeals.
Status: in_force

(a) Immediately upon receipt of a written appeal request, the administrator of adjudication shall send a notice to all parties involved, pursuant to § 42-35-9. Hearings shall be held in an informal manner. However, the rules of evidence shall be followed whenever possible and a record of all hearings shall be made, either stenographically or by mechanical recording means.

(b) The administrator of adjudication shall, within twenty (20) calendar days of the hearing, render a decision in writing stating all pertinent facts and issues presented at the hearing, which decision shall contain findings of fact and conclusions of law, separately stated.

(c) Parties shall be notified either personally or by mail of the decision. Upon request, a copy of the decision shall be delivered or mailed forthwith to each party and to his or her attorney of record.

(d) A copy of a decision and transcript of a hearing shall be forwarded to the personnel appeal board when an appeal is taken. The cost of a transcript so supplied shall be borne by the appellant.
R.I. Gen. Laws § 36-8-4.1 — RI Code / Title 36 / Chapter 36-8 / Section 36-8-4.1
§ 36-8-4.1. Fiduciary and continuing education requirements.
Status: in_force

(a) A member of the board shall discharge duties with respect to the retirement system:

(1) Solely in the interest of the participants and beneficiaries;

(2) For the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;

(3) With the care, skill, and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;

(4) Impartially, taking into account any differing interests of participants and beneficiaries;

(5) Incurring only costs that are appropriate and reasonable; and

(6) In accordance with a good-faith interpretation of the law governing the retirement system.

(b) The retirement board shall establish mandatory continuing education requirements for members of the board.

(c) In the event the retirement board takes any action(s) contrary to the recommendation of the plan actuary, the executive director shall within thirty (30) days, provide notice of such action(s) to all plan members, the governor, the speaker of the house of representatives and the president of the senate. The notice shall also be posted electronically on the retirement boards website.
R.I. Gen. Laws § 36-1-2 — RI Code / Title 36 / Chapter 36-1 / Section 36-1-2
§ 36-1-2. Engagement of office.
Status: in_force

Every person, except the justices of the supreme and superior courts, elected to office by the general assembly, or by either house thereof, or under the provisions of the law in relation to public schools, or appointed to office, civil or military, by the governor, or by any other appointing authority, to a state board, agency or commission, shall, before he or she shall act therein, take the following engagement before some person authorized to administer oaths, namely: I, [naming the person], do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of the office of [naming the office] according to the best of my abilities, and that I will support the Constitution and laws of this state, and the Constitution of the United States, so help me God: [Or: This affirmation I make and give upon the peril of the penalty of perjury.]
R.I. Gen. Laws § 36-10-10.4 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-10.4
§ 36-10-10.4. Effect of deferral and/or reduction of salary.
Status: in_force

(a) If subsequent to January 1, 1991, a member sustains a loss of salary due to a deferral of salary or a reduction in salary in order to avoid shutdowns, layoffs, or because of a retrenchment of state or local finances, then in calculating the service retirement allowance of the member, the amount of salary deferred and/or the amount of the reduction of salary shall not reduce the amount of annual compensation of the member for the purpose of establishing his or her highest three (3) consecutive years of compensation for members eligible to retire on or before September 30, 2009, or his or her highest five (5) consecutive years of compensation for members who are not eligible to retire on or before September 30, 2009. This provision is subject to subsection (c) of this section.

(b)(1) For purposes of subsection (a), reduction of salary shall mean:

(i) The actual dollar amount which represents the difference between the employees salary prior to the voluntary reduction of salary and the employees salary after the voluntary reduction of salary; or

(ii) The actual dollar amount which represents the difference between the employees salary prior to the renegotiation and/or alteration of an existing collective bargaining agreement and the employees salary after the renegotiation and/or alteration of an existing collective bargaining agreement.

(2) Reduction of salary also means the voluntary or negotiated reduction in the number of hours that an employee works in a pay period and for which he or she is paid.

(c) An employee who has sustained a reduction in salary in accordance with subsection (a) shall pay, prior to retirement, to the retirement board an amount equal to the difference between the amount of contribution the employee would have paid on his or her salary prior to the reduction in salary and the amount that the employee actually contributed plus interest.
R.I. Gen. Laws § 36-7-23 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-23
§ 36-7-23. Deductions by cities, towns, and agencies.
Status: in_force

Contributions under § 36-7-22 by employees of any city, town, or agency of the state shall be made as deductions from each payment on account of salaries or wages as and when paid. Failure to deduct the contribution shall not relieve any employee, the city, town, or agency of the state employing that employee of liability therefor. Adjustments for any errors in contributions shall be made as required.
R.I. Gen. Laws § 36-3-1 — RI Code / Title 36 / Chapter 36-3 / Section 36-3-1
§ 36-3-1. Short title.
Status: in_force

Chapters 3 and 4 of this title shall be known and may be cited as the State Merit System Act.
R.I. Gen. Laws § 36-4-15 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-15
§ 36-4-15. Changes in pay plan for classified service  New classes.
Status: in_force

Pay rates shall be established for new classes of positions, and amendments to the existing pay plan may be made upon recommendation of the personnel administrator, recommendation of the director, after public hearing, and approval by the governor. This action may be initiated by the director, the personnel administrator, or at the request of an appointing authority.
R.I. Gen. Laws § 36-10-15 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-15
§ 36-10-15. Amount of accidental disability benefit.
Status: in_force

(a) For disability applications submitted on or before September 30, 2009, upon retirement for accidental disability under § 36-10-14, a member shall receive a benefit which shall be equal to sixty-six and two-thirds percent (662/3%) of his or her annual compensation at the time of his or her retirement, subject to the provisions of § 36-10-31.

(b) Upon any application for accidental disability submitted on or after October 1, 2009, if the member has been found to be permanently and totally disabled from service but has not been found by the board to be permanently and totally disabled from any employment as a result of his/her accidental disability, a member shall receive a retirement allowance equal to fifty percent (50%) of the rate of the members compensation at the date of the members retirement, subject to the provisions of § 36-10-31. The retiree shall, as a condition of continued receipt of a disability retirement allowance, on or before a date fixed by the retirement board, annually under penalties of perjury provide the board with such affidavits and accurate evidence of earnings, employment and gainful activity as the board may require, including, but not limited, joint and/or individual tax returns. Payment of the disability retirement allowance shall continue as long as the individual remains disabled, and regardless of service or age.

(c) Upon retirement for accidental disability that has been found by the board to be permanently and totally disabling from any employment, a member shall receive a retirement allowance equal to sixty-six and two-thirds percent (662/3%) of the rate of the members compensation at the date of the members retirement subject to the provisions of § 36-10-31. The retirement board shall apply the terms of subsection 28-33-17(b) in determining total disability.
R.I. Gen. Laws § 36-4-39 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-39
§ 36-4-39. Retirement or transfer to light duty.
Status: in_force

When an employee has become physically or mentally incapable of or unfit for the efficient performance of the duties of his or her position by reason of infirmities due to advanced age or other disability, it shall be the duty of the appointing authority to transfer the employee to less arduous duties or to order his or her retirement. The appeal procedure established for dismissals shall apply to retirements ordered under authority of this section.
R.I. Gen. Laws § 36-4-10 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-10
§ 36-4-10. Changes in plan  Notice of establishment of new positions.
Status: in_force

Additional classes may be established and existing classes may be divided, combined, altered, or abolished upon recommendation of the personnel administrator, recommendation by the director after public hearing, and approval by the governor. This action may be initiated either by the personnel administrator, the director, or on request of an appointing authority. Appointing authorities intending to establish new positions shall so notify the personnel administrator, and except as otherwise provided in this chapter, no person shall be appointed to or employed for a new position until it has been properly classified as herein provided and an appropriate list established therefor.
R.I. Gen. Laws § 36-12-4 — RI Code / Title 36 / Chapter 36-12 / Section 36-12-4
§ 36-12-4. Coverage of Non-Medicare-eligible retired employees.
Status: in_force

(a) Non-Medicare-eligible retired employees who retired on or before September 30, 2008. Any retired employee who retired on or before September 30, 2008, shall be entitled, until attaining Medicare eligibility, to be covered under §§ 36-12-1  36-12-5 for himself and herself and, if he or she so desires, his or her non-Medicare-eligible dependents, upon agreeing to pay the total cost of his or her contract at the group rate for active state employees. Payments of any non-Medicare-eligible retired employee for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such contract. In addition, any retired employee who retired on or before September 30, 2008, shall be permitted to purchase coverage for his or her non-Medicare-eligible dependents upon agreeing to pay the additional cost of the contract at the group rate for active state employees. Payment for coverage for these dependents shall be deducted from his or her retirement allowances and remitted as required in payment for the contract.

(b) Non-Medicare-eligible state retirees who retired subsequent to July 1, 1989, and on or before September 30, 2008. Non-Medicare-eligible state retirees who retired subsequent to July 1, 1989, and on or before September 30, 2008, from active service of the state, and who were employees of the state as determined by the retirement board under § 36-8-1, shall be entitled to receive for himself or herself non-Medicare-eligible a retiree healthcare insurance benefit as described in § 36-12-1 in accordance with the following formula:

If the retired employee is receiving a subsidy on September 30, 2008, the state will continue to pay the same subsidy share until the retiree attains age sixty-five (65).

Until December 31, 2013, when the state retiree reaches that age which will qualify him or her for Medicare supplement, the formula shall be:

(c) Non-Medicare-eligible retired employees who retire on or after October 1, 2008. Any retired employee who retires on or after October 1, 2008, shall be entitled, until attaining Medicare eligibility, to be covered under §§ 36-12-1  36-12-5 for himself and herself and, if he or she so desires, his or her non-Medicare-eligible dependents, upon agreeing to pay the total cost of the contract in the plan in which he or she enrolls. Payments of any non-Medicare-eligible retired employee for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such contract. Any retired employee who retires on or after October 1, 2008, shall be permitted to purchase coverage for his or her non-Medicare-eligible dependents upon agreeing to pay the additional cost of the contract at the group rate for the plan in which the dependent is enrolled. Payment for coverage for dependents shall be deducted from the retired employees retirement allowances and remitted as required in payment for the contract. The Director of Administration shall develop and present to the chairpersons of the House Finance Committee and the Senate Finance Committee by May 23, 2008 a retiree health plan option or options to be offered to retirees eligible for state-sponsored medical coverage who are under age sixty-five (65) or are not eligible for Medicare. This plan will have a reduced benefit level and will have an actuarially based premium cost not greater than the premium cost of the plan offered to the active state employee population. This new plan option will be available to employees retiring after September 30, 2008, and their dependents.

(d) Non-Medicare-eligible state retirees who retire on or after October 1, 2008. Non-Medicare-eligible state retirees who retire on or after October 1, 2008, from active service of the state, and who were employees of the state as determined by the retirement board under § 36-8-1, and who have a minimum of twenty (20) years of service, and who are a minimum of fifty-nine (59) years of age, shall be entitled to receive for himself or herself a non-Medicare-eligible retiree healthcare insurance benefit as described in § 36-12-1. The state will subsidize 80% of the cost of the health insurance plan for individual coverage in which the state retiree is enrolled in. Payments for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such contract.

(e) Medicare-eligible state retirees who retire on or after October 1, 2008. Until December 31, 2013, the state shall subsidize eighty percent (80%) of the cost of the Medicare-eligible health insurance plan for individual coverage in which the state retiree is enrolled, provided the employee retired on or after October 1, 2008; has a minimum of twenty (20) years of service; and is a minimum of fifty-nine (59) years of age. Payments for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such health insurance plan.

(f) Retired employees, including retired teachers, who are non-Medicare-eligible and who reach the age of sixty-five (65) shall be allowed to continue to purchase group healthcare insurance benefits in the same manner as those provided to retired employees who have not reached the age of sixty-five (65).
R.I. Gen. Laws § 36-10-10.1 — RI Code / Title 36 / Chapter 36-10 / Section 36-10-10.1
§ 36-10-10.1. Amount of service retirement allowance  Legislators.
Status: in_force

(a) Every person who shall have served as a member of the senate or of the house of representatives as provided in §36-10-9.1 shall be entitled to receive, upon retirement from service as a member of the general assembly and not otherwise regularly employed by the state of Rhode Island or any of its agencies, commissions, or bureaus an annual sum of six hundred dollars ($600) for each year of total service as determined in §36-10-9.1; provided, however, that no person shall receive more than twelve thousand dollars ($12,000) annually, and provided further, however, that the retirement allowance shall be diminished by the amount of any other allowance or payment in the form of wages or salary to which the person shall be entitled from the state of Rhode Island or any of its agencies, commissions, or bureaus pursuant to any other general or special law of the state of Rhode Island, excepting amounts received under the old age and survivors disability insurance program. If any person shall reenter service of the state of Rhode Island or any of its agencies, commissions, or bureaus in any capacity other than as a member of the senate or of the house of representatives and shall render at least two (2) years of service, he or she shall have the option of electing the service retirement allowance provided in this subsection or the service retirement allowance under the other provisions of this chapter. No member of the general assembly, however, shall be permitted to receive the retirement allowance while serving in the general assembly.

(b) Any member of the general assembly who was duly elected at a special election shall be entitled to receive service credit for the full year during which he or she was duly elected and certified, and any legislator serving during the January 1983, session shall be given credit for a full year, provided the legislator pays to the retirement system a lump sum amount equal to the full actuarial value of the credit as certified by the retirement board.

(c) The provisions of this section shall apply regardless of the date of retirement; provided, however, that no senator or representative, except those in service on July 1, 1983, may purchase more than four (4) years of outside time from whatever source.

(d) Any legislator, elected at the general election in 1988, or thereafter, to serve as a member of the general assembly, shall not include other credits for the purposes of this section, except military service as provided in §36-9-31; provided however, that the provisions of this subsection shall not apply to any legislator who was elected to serve as a member of the general assembly prior to the general election of 1988.

(e)(1) If a person is entitled under subsection (a) of this section to an annual retirement allowance which is in excess of the amount permitted by §415(b)(4) of the Internal Revenue Code, 26 U.S.C. §415(b)(4), the amount in excess of ten thousand dollars ($10,000):

(i) Shall be paid until June 30, 1995, notwithstanding the limitation on benefits imposed by §36-8-20(e), relating to §415 of the Internal Revenue Code of 1986; and

(ii) Shall be paid from the retirement system after June 30, 1995, only to the extent permitted by the limitation on benefits imposed by §36-8-20(e).

(2) Any amount not permitted to be paid by the retirement system under subdivision (e)(1)(ii) of this section shall be paid out of general funds, but only to the extent that amounts have been appropriated for those payments.
R.I. Gen. Laws § 36-4-62 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-62
§ 36-4-62. Pay incentive program.
Status: in_force

There is hereby established a pay incentive program for all state employees except department heads, administrators, or any supervisors considered by the personnel administrator to be at the management level. Any state employee who submits recommendations or proposals to eliminate inefficiencies, duplication, or waste shall receive five percent (5%) of any savings realized up to a maximum of two thousand dollars ($2,000) which relate directly to the employees proposed change. The incentive pay shall be computed on the actual savings for a twelve (12) month period, the period to run from the time that the proposed change is instituted. The incentive pay shall be paid to the employee at the end of the twelve (12) month period in a lump sum from the budget account of the department that realized the savings and shall be in addition to the employees regular salary. Employees who qualify for the incentive pay shall receive the lump sum only for the first years savings and not for any subsequent years. The personnel administrator shall promulgate such rules as he or she may consider necessary, appropriate, or desirable to carry out the provisions of this section.
R.I. Gen. Laws § 36-11-10 — RI Code / Title 36 / Chapter 36-11 / Section 36-11-10
§ 36-11-10. Factors to be considered by the arbitrator.
Status: in_force

The factors, among others, to be given weight by the arbitrator in arriving at a decision shall include:

(1) Comparison of wage rates or hourly conditions of employment of the state employees involved with the prevailing wage rates or hourly conditions of employment maintained for the same or similar work of employees exhibiting like or similar skills under the same working conditions, in this state and neighboring states in private industry and public employment on state and local levels;

(2) Interest and welfare of the public;

(3) Comparison of peculiarities of employment in regard to other industries, trades, or professions, specifically:

(i) Hazards of employment;

(ii) Physical, educational and mental qualifications;

(iii) Job training and skills.
R.I. Gen. Laws § 36-5-1 — RI Code / Title 36 / Chapter 36-5 / Section 36-5-1
§ 36-5-1. Separation pay of unclassified employees entering service.
Status: in_force

Every employee holding a position in the unclassified 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 state service for one hundred eighty (180) or more calendar days within the twelve (12) months next preceding that entrance into the armed forces, is entitled to and is hereby granted sixty (60) calendar days separation pay commencing with the time of leaving that position for that purpose. Every such employee shall be paid by the state the same amount as he would have received had he or she not been absent from his or her position in the unclassified service.
R.I. Gen. Laws § 36-7-33 — RI Code / Title 36 / Chapter 36-7 / Section 36-7-33
§ 36-7-33. Coverage of employees ineligible for retirement.
Status: in_force

The state of Rhode Island is hereby authorized to enter into an agreement with the federal government to accept old age and survivors insurance for state employees who are unable to qualify as members of the state retirement system.
R.I. Gen. Laws § 36-4-34.1 — RI Code / Title 36 / Chapter 36-4 / Section 36-4-34.1
§ 36-4-34.1. Transfer of state employees.
Status: in_force

(a) The director of the department of administration (the director) is hereby authorized to transfer any employee within the executive branch who is not covered by a collective bargaining unit as provided in chapter 11 of this title. Any employee may be transferred to a comparable position upon the approval of the director of the department of administration and the personnel administrator. The transfers may be initially authorized for a period up to one years duration and may be further extended with the approval of the personnel administrator (the personnel administrator).

(b) Within seven (7) days of making a transfer of any employee or further extending the duration of a transfer, the director making the transfer or the personnel administrator extending the transfer shall file a written report with the speaker of the house, the senate president, and the chairpersons of the house and senate finance committees, for each employee to be transferred. This report shall include:

(1) The identity of the employee;

(2) The employees current work position and location, and the proposed new work position and location;

(3) The reason(s) for the employee transfer;

(4) The specific task(s) to be assigned to and completed by the transferred employee;

(5) An explanation of how the task(s) to be completed by the transferred employee relates to the mission of the transferee department, division, or agency; and

(6) The anticipated duration of the employees transfer.
R.I. Gen. Laws § 36-13-8 — RI Code / Title 36 / Chapter 36-13 / Section 36-13-8
§ 36-13-8. Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.