2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-21.4 - Relating to Central Falls Pension Plan › Section 45-21.4-3. - Retiree participation in optional requirement plan.

§ 45-21.4-3. Retiree participation in optional requirement plan.
(a)
The provisions of this section shall apply only to locally administered plans within the city of Central Falls.
(b)
Notwithstanding any provision of this chapter to the contrary, on or before August 31, 2019, Central Falls may accept the provisions of this chapter by an ordinance of its governing body stating the group or groups of retired former employees to be included as provided in § 45-21-4; provided that, a majority of retired former employees have consented in writing to joining the system or any duly constituted retiree organization that represents said retired former employees has assented to joining the system. A copy of the ordinance shall be immediately forwarded to the retirement board for review. A vote of the retirement board to accept the entry of the group or groups of employees into the system shall be required.
For purposes of this section, “retired former employees” means any Central Falls police officer or firefighter who has retired prior to September 1, 2019, pursuant to the provisions of the Central Falls’ retirement plan.
(c)
Notwithstanding any other provisions of this section or other applicable law, upon acceptance into the system, all “Central Falls retirees,” as defined in § 45-21-67(a)(2), and their beneficiaries, and also all other retired former employees and their beneficiaries who are entitled to benefits under the “settlement agreement” that is identified in § 45-21-67(a)(3), shall retain all of the benefits accrued and calculated to them as provided in accordance with such settlement agreement (and, for clarification, irrespective of and notwithstanding any possible expiration of any “term” in respect to certain provisions of such agreement), including disability and post-retirement benefits, and their entitlement to all payments provided under § 45-21-67, and none of the foregoing shall be made unavailable or conditioned, nor be diminished or reduced, by virtue of entry into the system. Any retired former employee who is not entitled to benefits under the “settlement agreement” shall retain all of the benefits accrued and calculated in accordance with, and shall be subject to, all of the provisions, limitations, and restrictions contained in the collective bargaining agreement at the time of his or her retirement. Retired former employees, including any “Central Falls retiree,” shall not be entitled to any retirement allowance or benefit from the system otherwise available or calculated pursuant to the provisions of § 45-21.2-6, 45-21.2-13, or 45-21.2-20, 45-21.2-21, or 45-21.2-22.
(d)
Withdrawal of a plan consisting solely of retired former Central Falls police officers or firefighters, who had joined the retirement system pursuant to this section, shall be as provided in § 45-21-5.
(e)
The cost to evaluate Central Falls’ prospective membership in the retirement system, and costs related to obtaining consent of retirees to join the system pursuant to this section, shall be borne by the retirement board.
(f)
Upon the conditions of subsection (b) of this section being met, the city of Central Falls shall remain liable to the retirement system for the cost of funding a retirement system for its employees who are members of the system and the retirement board maintains the right to enforce payment of any liability as provided in chapter 21 of this title.
(g)
Subject to the provisions of subsection (b) of this section being met, the provisions of this section shall be administered in the same manner provided in chapter 21 of this title; provided, that where the provisions of that chapter conflict with this chapter, then the provisions of this chapter control. Liability of the municipality is enforced in the same manner as stated in chapter 21 of this title.
History of Section.
P.L. 2019, ch. 272, § 3; P.L. 2019, ch. 277, § 3.