Supreme Court

No. 2018-51-Appeal. 

(PC 15-3044)

Rhode Island American Federation of 

Teachers/Retired Local 8037 et al.

:

v. :

Johnston School Committee et al. :

NOTICE: This opinion is subject to formal revision before 

publication in the Rhode Island Reporter. Readers are requested to 

notify the Opinion Analyst, Supreme Court of Rhode Island, 

250 Benefit Street, Providence, Rhode Island 02903, at (401) 222-

3258 of any typographical or other formal errors in order that 

corrections may be made before the opinion is published.

June 19, 2019
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Supreme Court

No. 2018-51-Appeal. 

(PC 15-3044)

Rhode Island American Federation of 

Teachers/Retired Local 8037 et al.

:

v. :

Johnston School Committee et al. :

Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.

O P I N I O N

Justice Goldberg, for the Court. This case came before the Supreme Court on 

March 28, 2019, pursuant to an order directing the parties to appear and show cause why the 

issues raised in this appeal should not be summarily decided. The defendants, the Town of 

Johnston, the Johnston School Department, the Johnston School Committee, and various 

municipal officials (collectively the town), appeal from the entry of summary judgment in favor 

of the plaintiffs, the Rhode Island American Federation of Teachers/Retired Local 8307 and 

several retirees of the Johnston School Department (collectively the association),

1

in this dispute

about the cost of annual premiums for post-retirement life insurance benefits. After hearing the 

arguments of counsel and examining the memoranda submitted by the parties, we are satisfied 

that cause has not been shown, and proceed to decide this appeal. For the reasons set forth 

herein, we affirm the judgment of the Superior Court.

 

1 The Rhode Island American Federation of Teachers/Retired Local 8037 is an association of 

retired Rhode Island public school teachers representing the interests of retired teachers, which in 

this case includes retired teachers from the Johnston School Department. The individual 

plaintiffs in this case are former teachers who retired from the Johnston School Department on or 

after January 1, 2011, and are members of the association. 
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Facts and Travel

The material facts in this case are not in dispute. This appeal concerns the annual cost of

a life insurance policy made available to retired teachers in Johnston, Rhode Island, pursuant to 

G.L. 1956 § 16-16-42. According to a collective-bargaining agreement governing Johnston’s

active schoolteachers’ terms of employment, the town provided life insurance in the amount of 

$45,000. The town paid the insurance premium for actively employed teachers; however, when 

a teacher retired, the insurance policy would remain in effect on the condition that the retired 

teacher assumed responsibility for paying the premium. 

For many years, the annual cost of life insurance for a retired teacher was the annual cost 

in effect at the time of the teacher’s retirement.2 In late 2010, the town changed its insurance 

carrier to Minnesota Life Insurance Company (Minnesota Life) and selected a policy that 

reduced the premium rate for active teachers and increased the rate for retired teachers.

3

 As a 

result, teachers who retired on or after January 1, 2011, were required to pay a higher premium. 

In August 2013, the town entered into a subsequent policy agreement with Minnesota Life that 

significantly increased the annual rate for retired teachers.4 

In response, the association filed this action in Superior Court, seeking a declaratory 

judgment that, in accordance with § 16-16-42, the town is statutorily “required to provide the life 

insurance policy at an annual cost that was in effect on the last day of [a teacher’s]

 

2 Until July 2010, the cost of the life insurance policy for both active and retired teachers was

45 cents per $1,000. 

3 Under the new policy, for the period of January 1, 2011, through June 30, 2013, the active 

teachers’ rate was reduced to 10.4 cents per $1,000, and the retired teachers’ rate was increased 

to $1.05 per $1,000. 

4 Effective September 1, 2013, through August 31, 2016, the active teachers’ rate was 13 cents 

per $1,000, and the retired teachers’ rate was increased to $1.90 per $1,000.
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employment[.]”5 The association subsequently moved for summary judgment, arguing that § 16-

16-42 prohibits the town from assessing increased life insurance rates for teachers upon 

retirement because the plain language of the statute requires the town to provide life insurance to 

retired teachers at the same annual cost it paid before the teacher retired. The town filed an 

objection, along with a cross-motion for summary judgment, countering that § 16-16-42 is clear 

and unambiguous; and, pursuant to the statute’s plain and ordinary meaning, the town argued, it

is required to furnish the retiree with “the option of retaining the life insurance policy at ‘an 

amount equal to the annual cost of the policy for the individual at the time of the individual’s 

retirement.’” The town further asserted that, by “provid[ing] the retirees with the option of 

continuing the insurance coverage at the rate in effect at the retirees’ retirements,” it has 

complied with the requirements set forth in § 16-16-42.

The Superior Court justice heard arguments on both motions and issued a written 

decision in which she determined that § 16-16-42 is clear and unambiguous; she held that, 

“pursuant to the clear statutory mandates, the [t]own is required to provide retirees the option of 

maintaining the life insurance policy that was in effect at the time of their retirement at the same 

annual cost each retiree paid before his or her retirement.” The trial justice explicated that “[a]s 

there is no other annual cost, the only plausible meaning is that the Legislature intended the 

retiree to be substituted as the payor on the already established plan at the rate paid by the 

[t]own.” Accordingly, the hearing justice granted the association’s motion for summary 

 

5

In its first amended complaint, the association asked for a declaratory judgment (count I) that,

pursuant to G.L. 1956 § 16-16-42, the town is required to provide the life insurance policy at an 

annual cost that was in effect on the last day of a teacher’s employment. The association also 

asserted a breach-of-contract claim against the town (count II), requesting damages for the

difference between the cost of the insurance at the time of retirement and the increased cost of 

the insurance under the Minnesota Life agreement. The parties subsequently agreed to limit the 

scope of their motions for summary judgment to count I. 
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judgment and declared that the town was “required to provide life insurance to each retiree at the 

same annual cost that was in effect on the last day of his or her employment.” The town timely 

appealed. 

Standard of Review

This Court “reviews a ruling on a motion for summary judgment de novo.” Epic 

Enterprises LLC v. Bard Group, LLC, 186 A.3d 587, 589 (R.I. 2018) (brackets omitted) (quoting 

Pimentel v. Deutsche Bank National Trust Company, 174 A.3d 740, 743 (R.I. 2017)). “We will 

affirm a trial court’s summary judgment decision only if, after reviewing the admissible evidence 

in the light most favorable to the nonmoving party, we conclude that no genuine issue of material 

fact exists and that the moving party is entitled to judgment as a matter of law.” Id. (brackets

omitted) (quoting Newstone Development, LLC v. East Pacific, LLC, 140 A.3d 100, 103 (R.I. 

2016)). Moreover, “[a] matter that hinges on statutory interpretation is ripe for summary 

judgment.” Id. “[W]hen reviewing the applicability of a statute, this Court interprets the statute 

de novo.” Id.

Analysis

On appeal, the town contends that the Superior Court erred in granting the association’s

motion for summary judgment and denying its cross-motion for summary judgment because, 

according to the town, the trial justice incorrectly interpreted § 16-16-42. We are thereby 

confronted with a question of pure statutory interpretation—that being § 16-16-42.

The disputed statute on appeal, § 16-16-42, entitled “Life insurance benefits,” provides: 

“Notwithstanding any other provision of law to the contrary, any 

member who, at the time of retirement from service, has in effect 

life insurance provided for as a benefit of his or her employment 

shall, after retirement, be entitled to keep the policy of life 

insurance in effect by paying to the city or town an amount equal 

to the annual cost of the policy for the individual at the time of the 
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individual’s retirement. The policy of insurance shall remain in 

effect for so long as the member continues to make annual 

payments.”

Before this Court, both parties assert that § 16-16-42 is clear and unambiguous; however, 

each party posits a different interpretation. The town asserts that a plain and ordinary reading of 

the phrases “at the time of retirement from service” and “at the time of the individual’s 

retirement” makes clear that the Legislature intended to provide retirees “with the opportunity to 

continue their life insurance policy at the time period after they have permanently” separated 

from service. The town also points out that the statute does not read “on their last day of active 

employment” and, therefore, according to its plain meaning, the cost of life insurance for retired 

teachers must be that which is “in effect at the beginning of the retiree’s retirement[,]” i.e., the 

rate set for retirees, not the premium before the teacher retires. 

Alternatively, the association asserts that § 16-16-42 unambiguously requires the town to 

provide retirees with the option of maintaining the insurance policy that was in effect at their 

retirement at the same annual cost that each retiree paid before retirement. According to the 

association, the phrase “at the time of retirement” refers to the day the teacher separates from 

employment; whereas the phrase “after retirement” refers to when the teacher has retired. The 

association contends that a teacher is entitled to the same policy at the same annual cost as when 

he or she was employed, and not a different retirement rate.

“It is well settled that when the language of a statute is clear and unambiguous, this Court 

must interpret the statute literally and must give the words of the statute their plain and ordinary 

meanings.” Alessi v. Bowen Court Condominium, 44 A.3d 736, 740 (R.I. 2012) (quoting 

Waterman v. Caprio, 983 A.2d 841, 844 (R.I. 2009)). Moreover, “[i]n matters of statutory 

interpretation our ultimate goal is to give effect to the purpose of the act as intended by the 

Legislature.” Webster v. Perrotta, 774 A.2d 68, 75 (R.I. 2001). “The Legislature is presumed to 
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have intended each word or provision of a statute to express a significant meaning, and the Court 

will give effect to every word, clause, or sentence, whenever possible.” State v. Clark, 974 A.2d 

558, 571 (R.I. 2009) (brackets omitted) (quoting State v. Bryant, 670 A.2d 776, 779 (R.I. 1996)).

After employing this well-established statutory analysis, we are satisfied that the statute 

carries no ambiguity, and therefore we construe the language of this statute in accordance with 

its plain and ordinary meaning. We remain mindful that this Court presumes that every word of 

a statute has significance; and, thus, whenever possible, we will give effect to each word and 

phrase contained therein. After a review of the language of § 16-16-42, we are satisfied that 

Johnston’s teachers are entitled to retain the insurance coverage in effect at the time of retirement

by paying the same annual cost that the retiree paid before retirement, as an active employee. 

There is no separate retiree rate anticipated by this enactment. 

By incorporating the phrases “at the time of retirement” and “after retirement,” the 

Legislature clearly assigned independent significance to each phrase. We are of the opinion that 

“at the time of retirement” signifies the day of or the day before a teacher retires from active 

employment. Accordingly, we are satisfied that a proper interpretation of the statute provides 

that, any teacher “who, at the time of retirement from service [or last day of active employment], 

has in effect life insurance provided for as a benefit of his or her employment shall, after 

retirement, be entitled to keep the policy of life insurance in effect by paying to the city or town 

an amount equal to the annual cost of the policy for the individual at the time of the individual’s 

retirement [or last day of active employment].” Accordingly, we affirm the decision of the 

Superior Court justice. 
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Conclusion

For the reasons set forth in this opinion, we affirm the judgment of the Superior Court 

granting the association’s motion for summary judgment. The record shall be remanded to the 

Superior Court. 
SU‐CMS‐02A (revised June 2016)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

SUPREME COURT – CLERK’S OFFICE 

OPINION COVER SHEET 

Title of Case 

Rhode Island American Federation of 

Teachers/Retired Local 8037 et al. v. Johnston School 

Committee et al.

Case Number No. 2018-51-Appeal. 

(PC 15-3044)

Date Opinion Filed June 19, 2019 

Justices Suttell, C.J., Goldberg, Flaherty, Robinson, and 

Indeglia, JJ.

Written By Associate Justice Maureen McKenna Goldberg 

Source of Appeal Providence County Superior Court 

Judicial Officer From Lower Court Associate Justice Maureen B. Keough 

Attorney(s) on Appeal 

For Plaintiffs: 

Carly Beauvais Iafrate, Esq.

For Defendants: 

William J. Conley, Jr., Esq. 

Deidre E. Carreno, Esq.