reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-3. - Responsibility for administration — Rules and regulations.

§ 36-8-3. Responsibility for administration — Rules and regulations.
The general administration and the responsibility for the proper operation of the retirement system and for making effective the provisions of chapters 8 — 10 of this title are hereby vested in a retirement board. The retirement board shall, from time to time, establish rules and regulations for the administration and transaction of the business of the retirement system. Rules and regulations which have been or may be established pursuant to the provisions of this chapter shall be compiled, codified, and published so that they shall be generally available to the members of the system. The retirement board shall also perform such other functions as are required for the execution of chapters 8 — 10 of this title. The board shall also establish rules and regulations to govern the provisions of §§ 8-3-16, 8-3-17, 8-8-10.1, 8-8-10.2, 8-8.2-7, 8-8.2-8, 28-30-18.1, 28-30-18.2, 42-28-22.1, and 42-28-22.2.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; G.L. 1956, § 36-8-3; P.L. 1976, ch. 289, § 1; P.L. 1987, ch. 330, § 1; P.L. 1988, ch. 129, art. 22, § 1; P.L. 1989, ch. 494, § 11.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-3.1. - Immunity of board members.

§ 36-8-3.1. Immunity of board members.
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.
History of Section.
P.L. 1987, ch. 191, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-4.1. - Fiduciary and continuing education requirements.

§ 36-8-4.1. Fiduciary and continuing education requirements.
(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.
History of Section.
P.L. 2011, ch. 408, § 3; P.L. 2011, ch. 409, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-5. - Vacancies on board.

§ 36-8-5. Vacancies on board.
If, for any reason whatsoever, there shall be a vacancy in the office of an appointed member of the board the appointing authority shall appoint a successor within seventy (70) days for the balance of the vacated term; provided, however, that all gubernatorial and general treasurer appointments made under this section after July 4, 2006 shall be subject to the advice and consent of the senate. If, for any reason whatsoever, there shall be a vacancy in the office of an elected member of the board the seat shall be filled by a new election of the respective group within seventy (70) days for the balance of the vacated term.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-5; P.L. 1976, ch. 289, § 1; P.L. 2006, ch. 319, § 4; P.L. 2006, ch. 444, § 4; P.L. 2011, ch. 363, § 27.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-6. - Votes of board — Record of proceedings.

§ 36-8-6. Votes of board — Record of proceedings.
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.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-6; P.L. 2006, ch. 319, § 4; P.L. 2006, ch. 444, § 4.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-7. - Reimbursement of board members.

§ 36-8-7. Reimbursement of board members.
Members of the board shall serve without compensation but shall be reimbursed for any necessary expenditures and no employee shall suffer any loss of salary or wages through serving upon the board.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-8. - Annual report and statement.

§ 36-8-8. Annual report and statement.
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.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-8; P.L. 2006, ch. 319, § 4; P.L. 2006, ch. 444, § 4.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-8.1. - Repealed.

§ 36-8-8.1. Repealed.
History of Section.
P.L. 1992, ch. 306, art. 1, § 2; Repealed by P.L. 2011, ch. 408, § 4; P.L. 2011, ch. 409, § 4, effective November 18, 2011.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-8.2. - Special pension benefits.

§ 36-8-8.2. Special pension benefits.
(a)
No law shall be enacted conferring special pension benefits upon any individual or group of individuals unless this section is specifically repealed.
(b)
The retirement board shall take no administrative action conferring special benefits upon any individual or group of individuals.
History of Section.
P.L. 1994, ch. 139, § 9.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-9. - Legal adviser — Treasurer — Executive officers and secretary.

§ 36-8-9. Legal adviser — Treasurer — Executive officers and secretary.
(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.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-9; P.L. 1964, ch. 242, art. 8A, § 1; P.L. 1971, ch. 38, § 1; P.L. 1980, ch. 176, § 1; P.L. 1992, ch. 306, art. 1, § 1; P.L. 2011, ch. 408, § 5; P.L. 2011, ch. 409, § 5.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-10. - Accounts and statistical records — Clerical and professional assistance — Disbursements.

§ 36-8-10. Accounts and statistical records — Clerical and professional assistance — Disbursements.
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.
History of Section.
P.L. 1936, ch. 2334, § 3; P.L. 1937, ch. 2513, § 1; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-10.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-10.1. - Payment of administrative expense of the retirement board and maintaining the retirement system — Restricted receipts account.

§ 36-8-10.1. Payment of administrative expense of the retirement board and maintaining the retirement system — Restricted receipts account.
(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.
History of Section.
P.L. 1985, ch. 181, art. 7, § 1; P.L. 1986, ch. 287, art. 10, § 1; P.L. 1987, ch. 60, art. 1, § 5; P.L. 2003, ch. 376, art. 25, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-11. - Collection of actuarial and experience data.

§ 36-8-11. Collection of actuarial and experience data.
The retirement board shall collect and keep in convenient form such data as shall be necessary for the preparation of the mortality and service tables and for the compilation of such other information as shall be required for the actuarial valuation of the assets and liabilities of the retirement system.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; G.L. 1956, § 36-8-11.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-12. - Actuarial investigations authorized by board.

§ 36-8-12. Actuarial investigations authorized by board.
Immediately after his or her selection, the actuary shall make such investigation of the mortality, service, and compensation experience of the members as the retirement board shall authorize for the purpose of determining the proper tables to be prepared and submitted to the retirement board for adoption.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-12.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-13. - Periodic actuarial investigations and valuations — Adoption of tables and rates.

§ 36-8-13. Periodic actuarial investigations and valuations — Adoption of tables and rates.
Every year beginning with the year 1976, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the retirement system, and shall make a valuation of the assets and liabilities of the system, and, taking into account the result of the investigation and valuation, the retirement board shall:
(1)
Adopt for the retirement system such mortality, service, and other tables as shall be deemed necessary; and
(2)
Certify the rates of contribution payable by the state of Rhode Island to carry out the provisions of chapters 8 — 10 of this title in accordance with the provisions of § 36-10-2.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-13; P.L. 1976, ch. 289, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-14. - Annual valuation of assets and liabilities.

§ 36-8-14. Annual valuation of assets and liabilities.
On the basis of such tables as the retirement board shall adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the system created by this chapter.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; G.L. 1956, § 36-8-14.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-15. - Custody and investment of funds.

§ 36-8-15. Custody and investment of funds.
(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)).
History of Section.
P.L. 1969, ch. 43, § 1; P.L. 1994, ch. 87, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-16. - Disposition of investment earnings.

§ 36-8-16. Disposition of investment earnings.
The retirement board shall credit all earned investment income from interest and dividends on investments and bank deposits during any fiscal year to the contingency reserve account.
History of Section.
P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-16; P.L. 1980, ch. 57, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-17. - Improper interest in investments of board.

§ 36-8-17. Improper interest in investments of board.
Except as herein provided, no member of the board and no employee of the board shall have any interest, direct or indirect, in the gains or profits of any investment made by the retirement board, nor as such directly or indirectly receive any pay or emolument for his or her services. No member of the board or employee of the board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the gains or profits, except to make such current and necessary payments as are authorized by the retirement board; nor shall any member or employee of the board become an endorser or surety or become in any manner an obligor for money loaned or borrowed from the retirement board.
History of Section.
P.L. 1936, ch. 2334, § 4; G.L. 1938, ch. 18, § 4; G.L. 1956, § 36-8-17.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-18. - Severability.

§ 36-8-18. Severability.
(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.
History of Section.
P.L. 1936, ch. 2334, § 15; G.L. 1938, ch. 18, § 15; G.L. 1956, § 36-8-18.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-19. - Annual audits.

§ 36-8-19. Annual audits.
The auditor general shall conduct upon the request of the retirement board a separate annual performance audit of the retirement system which shall include a report on the actuarial valuation of the assets and liabilities of the retirement system. The auditor general may examine all records, files, and other documents, and evaluate all policies and procedures for purposes of conducting the audit. The aforementioned performance audit shall be in addition to the annual audit conducted by the auditor general of the financial statements of the retirement system. A copy of the report shall be given to the governor, the state retirement board, and the joint committee on legislative services.
History of Section.
P.L. 1991, ch. 44, art. 75, § 1; P.L. 1992, ch. 306, art. 1, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-8 - Retirement System — Administration › Section 36-8-21. - Repealed.

§ 36-8-21. Repealed.
History of Section.
P.L. 1995, ch. 370, art. 15, § 3; P.L. 1996, ch. 179, § 1; Repealed by P.L. 2011, ch. 363, § 28, effective July 13, 2011.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-1. - Earliest date of commencement of membership.

§ 36-9-1. Earliest date of commencement of membership.
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.
History of Section.
P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; P.L. 1949, ch. 2286, § 1; G.L. 1956, § 36-9-1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-2. - Membership of persons employed after establishment of system.

§ 36-9-2. Membership of persons employed after establishment of system.
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.
History of Section.
P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; P.L. 1949, ch. 2286, § 1; G.L. 1956, § 36-9-2; P.L. 1967, ch. 152, § 2; P.L. 1978, ch. 384, § 1; P.L. 1982, ch. 101, § 1; P.L. 1987, ch. 329, § 2; P.L. 1989, ch. 54, § 1; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-2.1. - Membership in other retirement systems.

§ 36-9-2.1. Membership in other retirement systems.
(a)
An employee who is a member of the retirement system may be a member of the retirement system of any union provided the union retirement plan is covered by the Employee Retirement Income Security Act of 1974 (ERISA) [29 U.S.C. § 1001 et seq.] and is tax qualified pursuant to the internal revenue service, and remain eligible to participate and receive benefits as provided in chapters 8 through 10 of this title.
(b)
Participants in a union retirement system shall not receive a greater wage or benefit increase then that granted other state employees covered by a collective bargaining clause.
History of Section.
P.L. 2000, ch. 199, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-3. - Retired members of the state police — Eligibility.

§ 36-9-3. Retired members of the state police — Eligibility.
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.
History of Section.
P.L. 1982, ch. 101, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-4. - Repealed.

§ 36-9-4. Repealed.
History of Section.
This section and former § 36-9-3 (P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1941, ch. 1045, § 1; P.L. 1947, ch. 1971, § 5; P.L. 1949, ch. 2286, § 1; G.L. 1956, §§ 36-9-3, 36-9-4; Repealed by P.L. 1980, ch. 170, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-5. - Officers and employees exempt — Former court judges and clerks.

§ 36-9-5. Officers and employees exempt — Former court judges and clerks.
(a)
The members of the general assembly and the general officers of the state, except to the extent herein provided, the judges of the supreme, superior, family, district courts, the traffic tribunal, judges of the workers’ compensation court except to the extent herein provided, school teachers as defined by § 16-16-1 except to the extent provided by chapter 17 of title 16, and members of the Rhode Island state police shall be exempt from the provisions of chapters 8 — 10 of this title; provided, however, that any justice or associate justice or judge of the supreme court, superior court, family court, district court, or traffic tribunal, chairperson of the workers’ compensation court, or judge of the workers’ compensation court who was a member of the retirement system prior to becoming a justice or associate justice or judge, shall, upon his or her filing with the retirement board a written waiver of all benefits under the provisions of §§ 8-3-7 — 8-3-11 or 28-30-15 — 28-30-18 be permitted to elect to remain a member of the retirement system by paying into the retirement system such sums as provided in § 36-10-1 computed on his or her salary as a justice, associate justice, or judge and shall be eligible for all benefits under this title.
(b)
Any justice, associate justice, or judge who shall have retired in accordance with the provisions of this section and who shall be recalled to service shall be recalled in accordance with the provisions of § 8-3-7(c), § 28-30-15(b), or § 28-30-16, or § 28-30-16.1.
History of Section.
P.L. 1936, ch. 2334, § 14; G.L. 1938, ch. 18, § 14; P.L. 1941, ch. 1048, § 1; P.L. 1947, ch. 1971, § 10; impl. am. P.L. 1948, ch. 2102, § 1; G.L. 1956, § 36-9-5; P.L. 1973, ch. 192, § 1; P.L. 1979, ch. 256, § 1; P.L. 1985, ch. 458, § 3; P.L. 1988, ch. 616, § 1; P.L. 2007, ch. 334, § 3; P.L. 2007, ch. 402, § 3; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-6. - Election by elected officers or legislative employees to become members.

§ 36-9-6. Election by elected officers or legislative employees to become members.
Notwithstanding the fact that their business time may not be devoted exclusively to the services of the state, any member of the general assembly or any of the general officers of the state, may elect to participate in the benefits provided by chapters 8 — 10 of this title by filing an application with the board on or before December 31, 1948, or within six (6) months from the date upon which that person first qualifies for that office, whichever is later. Notwithstanding any other provision of chapters 8 — 10 of this title, upon becoming a member of the system that person shall be entitled to prior service credit covering service rendered prior to the date of becoming a member of the system for service rendered to the state as a state employee, a member of the general assembly, or as a general officer.
History of Section.
G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; P.L. 1948, ch. 2050, § 1; G.L. 1956, § 36-9-6; P.L. 1994, ch. 142, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-7 - — 36-9-9. Repealed.

§ 36-9-7 — 36-9-9. Repealed.
History of Section.
P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; P.L. 1949, ch. 2286, § 1; P.L. 1950, ch. 2621, § 1; G.L. 1956, §§ 36-9-7, 36-9-8, 36-9-9; P.L. 1965, ch. 229, § 1; P.L. 1981, ch. 133, § 1; Repealed by P.L. 1992, ch. 306, art. 1, § 3, effective January 1, 1993.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-10. - Repealed.

§ 36-9-10. Repealed.
History of Section.
P.L. 1956, ch. 3812, § 2; G.L. 1956, § 36-9-10); Repealed by P.L. 1976, ch. 289, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-11. - Retroactive membership of elected legislator.

§ 36-9-11. Retroactive membership of elected legislator.
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.
History of Section.
G.L. 1938, ch. 18, § 7; P.L. 1951, ch. 2856, § 1; P.L. 1952, ch. 2903, § 1; G.L. 1956, § 36-9-11; P.L. 1960, ch. 42, § 1; P.L. 1963, ch. 29, § 1; P.L. 1965, ch. 56, § 1; P.L. 1968, ch. 279, § 1; P.L. 1981, ch. 133, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-12 - — 36-9-19. Repealed.

§ 36-9-12 — 36-9-19. Repealed.
History of Section.
G.L. 1938, ch. 18, § 8; P.L. 1948, ch. 2128, § 1; P.L. 1950, ch. 2446, § 1; P.L. 1955, ch. 3440, § 1; P.L. 1955, ch. 3617, § 1; P.L. 1955, ch. 3618, §§ 1, 2; P.L. 1956, ch. 3676, § 1; P.L. 1956, ch. 3693, §§ 1, 2; P.L. 1956, ch. 3736, § 1; G.L. 1956, §§ 36-9-12 — 36-9-19; P.L. 1970, ch. 148, § 1; P.L. 1970, ch. 170, § 1; P.L. 1983, ch. 273, § 1; Repealed by P.L. 1976, ch. 289, § 2; P.L. 1980, ch. 170, § 1; and P.L. 1992, ch. 306, art. 1, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-20.1 - — 36-9-20.4. Repealed.

§ 36-9-20.1 — 36-9-20.4. Repealed.
History of Section.
P.L. 1981, ch. 179, § 1; P.L. 1986, ch. 551, § 1; P.L. 1987, ch. 372, § 1; P.L. 1989, ch. 560, § 1; Repealed by P.L. 1990, ch. 373, § 2 and P.L. 1992, ch. 306, art. 1, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-20.5. - Purchase of service credit — Inactive status.

§ 36-9-20.5. Purchase of service credit — Inactive status.
Notwithstanding any general or public law to the contrary, any state employee or teacher participating in the employees’ retirement system who is on workers’ compensation may purchase up to four (4) years of service credit for time currently permitted to be purchased under law without the necessity of returning to active status as an employee. The member shall pay to the system the full actuarial cost as defined in subsection 36-8-1(9), except as provided in § 36-9-31 for military service credit.
History of Section.
P.L. 1988, ch. 409, § 1; P.L. 1989, ch. 352, § 1; P.L. 1994, ch. 139, § 4; P.L. 2009, ch. 68, art. 7, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-21. - Service information submitted by department heads.

§ 36-9-21. Service information submitted by department heads.
It shall be the duty of the head of each department and agency to furnish at the times and in the manner that the retirement board and/or the retirement system may direct, information concerning the name, title, compensation, duties, date of birth, and length of service of each member employed, and any other information which the retirement board or retirement system considers necessary for the proper execution of this chapter, and to give prompt notice of all appointments, removals, deaths, resignations, leaves of absence and changes in pay of members.
History of Section.
P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; G.L. 1956, § 36-9-21; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-22. - Cessation of membership.

§ 36-9-22. Cessation of membership.
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.
History of Section.
P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; G.L. 1956, § 36-9-22.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-23. - Inactive membership.

§ 36-9-23. Inactive membership.
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.
History of Section.
G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; G.L. 1956, § 36-9-23.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-24. - Part-time school lunch employees.

§ 36-9-24. Part-time school lunch employees.
(a)
Whenever any state school lunch employee, who is a member of the system as a full-time employee is involuntarily transferred to a position of less than twenty (20) hours per week, the employee shall remain a contributing member of the retirement system and receive full credit for that part-time service, provided the service shall be at least fifteen (15) hours per week.
(b)
Whenever a school lunch employee previously ineligible for membership in the system because of employment less than twenty (20) hours per week, subsequently becomes eligible for membership but who has since attained the age of sixty (60) years, the employee shall have the option to join the system at the time of the subsequent eligible employment status.
History of Section.
P.L. 1983, ch. 211, § 3; P.L. 1987, ch. 547, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-25. - Standard for year’s service credits.

§ 36-9-25. Standard for year’s service credits.
(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.
History of Section.
P.L. 1936, ch. 2334, § 8; G.L. 1938, ch. 18, § 8; G.L. 1956, § 36-9-25; P.L. 1959, ch. 105, § 1; P.L. 1969, ch. 29, § 1; P.L. 1980, ch. 174, § 1; P.L. 1997, ch. 169, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-25.1. - Leave service credits.

§ 36-9-25.1. Leave service credits.
(a)
Notwithstanding any other provisions of the retirement law or rulings of the retirement board in accordance with the powers vested therein, state employees with at least one year of service who have been granted by their appointing authority a leave of absence without pay to further their education in the field of their state employment, shall be entitled to credit as service for the various purposes of their retirement system, provided the person, upon completion of his or her educational leave, returns to state service for at least one year; and provided further that the employee makes arrangements to pay into the retirement system on or before the date of retirement and in such manner as the retirement board may prescribe an amount equal to the full actuarial cost as defined in § 36-8-1(10) based upon his or her expected compensation but for the granting of leave without pay.
(b)
Any state employee who is granted a leave of absence without pay for illness, injury, or any other reason may receive credit therefor by making the full actuarial cost as defined in § 36-8-1(10); provided the employee returns to state service for at least one year upon completion of the leave. Credit for leaves of absence shall be limited in the aggregate during the total service of an employee to a period of four (4) years.
History of Section.
G.L. 1956, § 36-9-25.1; P.L. 1966, ch. 192, § 1; P.L. 1967, ch. 95, § 1; P.L. 1973, ch. 139, § 1; P.L. 1979, ch. 23, § 1; P.L. 1980, ch. 174, § 1; P.L. 1980, ch. 368, § 1; P.L. 1981, ch. 121, § 1; P.L. 1994, ch. 139, § 5; P.L. 2009, ch. 68, art. 7, § 2; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-26. - Credits for layoffs.

§ 36-9-26. Credits for layoffs.
(a)
Members who are laid off for any reason and are not on leave without pay may purchase up to one years’ credit for retirement purposes; provided the member did not withdraw his or her retirement contributions while on layoff, and returns to active membership; provided, further, that the member purchases that credit upon his or her return to service from the layoff and pays into the retirement system the full actuarial cost as defined in § 36-8-1(10).
(b)
The retirement board shall fix and determine rules and regulations to govern the provisions of this section.
History of Section.
P.L. 1983, ch. 313, § 1; P.L. 1988, ch. 520, § 1; P.L. 1989, ch. 474, § 1; P.L. 2009, ch. 68, art. 7, § 2; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-27. - Repealed.

§ 36-9-27. Repealed.
History of Section.
P.L. 1936, ch. 2334, § 8; G.L. 1938, ch. 18, § 8; P.L. 1947, ch. 1971, § 6; G.L. 1956, § 36-9-27; Repealed by P.L. 1980, ch. 170, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-28. - Service creditable on retirement.

§ 36-9-28. Service creditable on retirement.
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.
History of Section.
P.L. 1936, ch. 2334, § 8; G.L. 1938, ch. 18, § 8; P.L. 1947, ch. 1971, § 6; G.L. 1956, § 36-9-28.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-29, 36-9-30. - Repealed.

§ 36-9-29, 36-9-30. Repealed.
History of Section.
G.L. 1956, §§ 36-9-29, 36-9-30; P.L. 1961, ch. 197, § 1; P.L. 1963, ch. 154, § 1; P.L. 1966, ch. 282, art. 4, § 12; Repealed by P.L. 1980, ch. 170, § 1 and P.L. 1992, ch. 306, art. 1, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-31. - Armed service credit.

§ 36-9-31. Armed service credit.
(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.
History of Section.
P.L. 1980, ch. 173, § 2; P.L. 1981, ch. 344, § 2; P.L. 1984, ch. 21, § 1; P.L. 1984, ch. 242, § 1; P.L. 1984, ch. 425, § 1; P.L. 1985, ch. 183, § 1; P.L. 1986, ch. 463, § 1; P.L. 1988, ch. 510, § 1; P.L. 1992, ch. 306, art. 1, § 4; P.L. 1997, ch. 169, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-31.1. - Peace corps, teacher corps, and volunteers in service to America.

§ 36-9-31.1. Peace corps, teacher corps, and volunteers in service to America.
(a)
Any active member who served in the peace corps, teacher corps, or in volunteers in service to America may purchase credit for that service up to a maximum of four (4) years in the aggregate; provided, that any member on an official leave of absence for illness or injury shall be eligible to purchase those credits while on the leave of absence.
(b)
The cost to purchase these credits shall be the full actuarial cost as defined in § 36-8-1(10) of that service in the peace corps, teacher corps, or VISTA, up to a maximum of four (4) years.
History of Section.
P.L. 1985, ch. 423, § 2; P.L. 1989, ch. 473, § 1; P.L. 1992, ch. 306, art. 1, § 4; P.L. 2009, ch. 68, art. 7, § 2; P.L. 2011, ch. 363, § 29; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-31.2 - — 36-9-35. Repealed.

§ 36-9-31.2 — 36-9-35. Repealed.
History of Section.
P.L. 1976, ch. 129, §§ 1, 2; P.L. 1980, ch. 170, § 1; P.L. 1980, ch. 284, § 1; P.L. 1987, ch. 613, § 1; P.L. 1987, ch. 615, § 1; P.L. 1989, ch. 477, § 1; P.L. 1990, ch. 516, § 1; Repealed by P.L. 1988, ch. 486, § 1; and 1992, ch. 306, art. 1, § 3.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-9 - Retirement System — Membership and Service Credits › Section 36-9-36. - Narragansett Bay water quality management commission — Merger — New employees.

§ 36-9-36. Narragansett Bay water quality management commission — Merger — New employees.
(a)
In the event that the Narragansett Bay water quality management commission, hereinafter referred to as “commission”, shall acquire a sewage treatment facility, hereinafter referred to as “facility”, of any city, town, or district, or in the event of the merger or consolidation of a facility into or with the commission, then any employee of the facility who subsequently becomes and remains an employee of the commission who is a collectively bargained employee (within the meaning of § 410(b)(3)(A) of the Internal Revenue Code [26 U.S.C. § 410(b)(3)(A)]) may elect to be treated as a transferred employee pursuant to § 36-9-44 and shall be granted service credits for his or her term of service with the facility prior to the transfer, provided:
(1)
An actuarial study is made to determine the cost to include each new member of the system; and
(2)
The contributions of both the employer and employee made prior to the transfer are paid to the state employees’ retirement fund.
(b)
If the employee elects not to have his or her funds transferred then that employee shall not receive credit for any prior service.
(c)
Each employee shall have six (6) months from the time he or she becomes an employee of the commission to decide whether or not the employee wishes to have their funds transferred and receive credit for their prior service.
History of Section.
P.L. 1992, ch. 133, art. 108, § 1; P.L. 1999, ch. 225, § 4.