reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-19. - Persons eligible for optional benefits — Time of election — Modification or revocation — Effective date.

§ 36-10-19. Persons eligible for optional benefits — Time of election — Modification or revocation — Effective date.
The optional provisions of § 36-10-18 shall be applicable only to a member applying for a service retirement allowance, an accidental disability retirement allowance, and an ordinary disability retirement allowance or any inactive member applying for retirement under vested rights. The election under option 1 or 2 of § 36-10-18(a) shall be made at the time of retirement of the member as part of his or her application for a retirement allowance. The election shall be based upon the amount of retirement allowances that may accrue at the date of death of the member and may be revoked or modified by the member at any time after retirement on a form prescribed by the retirement board, provided that, during this time, the named beneficiary has not been divorced from the member. The option, in the case of death of a retired member, shall become effective on the next day following the death of the member and payment of benefits thereunder shall be made in accordance with the provisions hereof, subject to the limitations prescribed in § 36-10-18. This section shall not apply to any one who elects the social security supplemental option as provided by § 36-10-10.3.
History of Section.
P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 8; P.L. 1949, ch. 2377, § 3; P.L. 1951, ch. 2747, § 1; P.L. 1951, ch. 2830, § 4; P.L. 1953, ch. 3180, § 1; P.L. 1954, ch. 3370, § 1; P.L. 1955, ch. 3610, § 1; G.L. 1956, § 36-10-21; R.P.L. 1957, ch. 60, § 1; P.L. 1960, ch. 132, § 1; P.L. 1969, ch. 186, § 1; P.L. 1970, ch. 112, art. 5, § 1; P.L. 1984, ch. 384, § 1; P.L. 1985, ch. 346, § 1; P.L. 1986, ch. 542, § 3; P.L. 1987, ch. 35, § 1; P.L. 1988, ch. 511, § 1; P.L. 1996, ch. 233, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-19.1. - Optional annuity protection — In service.

§ 36-10-19.1. Optional annuity protection — In service.
(a)
Upon the death of a member having: (1) At least ten (10) years of membership service on or before June 30, 2012; or (2) For active contributing members on or after July 1, 2012, at least five (5) years of membership service, the spouse or domestic partner of the member shall have the option to elect to receive option one as provided in § 36-10-18(a) in lieu of a return of contributions, provided the spouse or domestic partner is the designated beneficiary of the member’s retirement account. The election shall be based upon the amount of retirement allowance or actuarial equivalent that may accrue at the date of death of the member.
(b)
The election under option one of § 36-10-18(a) for a person other than the spouse or domestic partner of the member may be made by the member, while in service, provided the member has (1) At least ten (10) years of membership service on or before June 30, 2012, and before retirement; or (2) For active contributing members on or after July 1, 2012, at least five (5) years of membership service and before retirement, on a form prescribed by the retirement board. The election shall be based upon the amount of retirement allowances or actuarial equivalents that may accrue at the date of death of the member, provided that the election form is executed and filed with the retirement board prior to the date of death. The election may be revoked or modified by the member at any time prior to the date of retirement on a form prescribed by the retirement board.
(c)
Upon the death of a member, the option shall become effective thirty (30) days after the first day of the calendar month next following the date of death of the member if death occurs while in an employee status. Should death occur while in an inactive member status, the option under this section shall become payable on the first of the month next succeeding that in which the designated beneficiary attains the age of sixty (60) years.
History of Section.
P.L. 1988, ch. 511, § 2; P.L. 1989, ch. 547, § 1; P.L. 2007, ch. 510, § 11; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-20. - Accidental death benefits.

§ 36-10-20. Accidental death benefits.
Upon the accidental death of a member while in service before retirement, provided that evidence shall be submitted to the retirement board proving that the death of the member was the natural and proximate result of an accident while in the performance of duty at some definite time and place, and that the death was not the result of willful negligence on his or her part, his or her accumulated contributions, including interest on all contributions to the date of death of the member, shall be paid to the person having an insurable interest in his or her life as the member shall have nominated by written designation duly executed and filed with the retirement board, or if the member has filed no nomination or if the person so nominated shall have died, then to the estate of the deceased member, and upon application by or on behalf of the dependents of the deceased member the retirement board shall grant a benefit equal to one-half (½) of the rate of annual compensation of the member at date of death:
(1)
To the member’s widow or widower or domestic partner for life unless he or she remarries or enters into a domestic partnership;
(2)
If there be no widow, or widower or domestic partner or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member shall have attained the age of eighteen (18) years, then to the member’s child or children under the age of eighteen (18) years, divided in such manner as the retirement board in its discretion shall determine, to continue as a joint and survivor annuity equal to one-half (½) of the member’s rate of annual compensation at the date of death until every child dies or attains the age of eighteen (18) years; or
(3)
If there be no widow or widower or domestic partner or child under the age of eighteen (18) years surviving the deceased member, then to his or her dependent father or mother as the deceased member shall have nominated by written designation duly acknowledged and filed with the retirement board; or, if there be no nomination, then to his or her dependent father or to his or her dependent mother as the retirement board in its discretion shall direct, to continue for life.
History of Section.
P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 7; P.L. 1949, ch. 2377, § 2; G.L. 1956, § 36-10-20; P.L. 1984, ch. 426, § 1; P.L. 2007, ch. 510, § 11.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-21. - Ordinary death benefit.

§ 36-10-21. Ordinary death benefit.
Upon the death of a member before retirement from any cause other than one compensable under § 36-10-20, a payment shall be made of the contributions of the member without interest. If the death of a member occurred while in an employee status, or while on an official leave of absence for illness from his or her position which had not extended at the date of death for a continuous period in excess of one year, a death benefit shall be paid which shall be equal to eight hundred dollars ($800) for each completed year of total service subject to a minimum payment of four thousand dollars ($4,000) and a maximum payment of sixteen thousand dollars ($16,000).
History of Section.
P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 8; P.L. 1949, ch. 2377, § 3; P.L. 1951, ch. 2747, § 1; P.L. 1951, ch. 2830, § 4; P.L. 1953, ch. 3180, § 1; P.L. 1954, ch. 3370, § 1; P.L. 1955, ch. 3610, § 1; G.L. 1956, § 36-10-21; R.P.L. 1957, ch. 60, § 1; P.L. 1960, ch. 132, § 1; P.L. 1969, ch. 186, § 1; P.L. 1970, ch. 112, art. 5, § 1; P.L. 1986, ch. 395, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-22. - Retention of death benefit coverage by general assembly member not reelected.

§ 36-10-22. Retention of death benefit coverage by general assembly member not reelected.
If any present or former member of the general assembly who is a member of the system, who is not reelected, desires to retain his or her ordinary death benefit insurance coverage, he or she shall be allowed to do so providing that he or she pays an annual contribution of fifteen dollars ($15.00) per year for each year the insurance is carried by the member or former member of the general assembly.
History of Section.
G.L. 1938, ch. 18, § 9; P.L. 1951, ch. 2747, § 1; P.L. 1953, ch. 3180, § 1; P.L. 1954, ch. 3370, § 1; G.L. 1956, § 36-10-22.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-23. - Benefit payable on death after retirement.

§ 36-10-23. Benefit payable on death after retirement.
(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.
History of Section.
P.L. 1972, ch. 109, § 2; P.L. 1982, ch. 193, § 1; P.L. 1986, ch. 395, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-23.1. - Benefit payable on death of retired legislator.

§ 36-10-23.1. Benefit payable on death of retired legislator.
In addition to any service retirement allowance paid to any person who shall have served as a member of the senate or of the house of representatives pursuant to § 36-10-10, there shall be payable, in lieu of the benefit payable on death after retirement as provided by § 36-10-23, the ordinary death benefit provided in § 36-10-21, P.L. 1960, ch. 132, to be paid upon the death of a member occurring while in an employee status before retirement, notwithstanding the death of the former member of the general assembly in fact occurs after retirement, provided the former member of the general assembly had retained his or her ordinary death benefit insurance coverage by paying the annual contribution provided in § 36-10-22.
History of Section.
P.L. 1961, ch. 152, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-24. - Person to whom death benefit payable.

§ 36-10-24. Person to whom death benefit payable.
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.
History of Section.
P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 8; P.L. 1949, ch. 2377, § 3; P.L. 1951, ch. 2747, § 1; P.L. 1951, ch. 2830, § 4; P.L. 1953, ch. 3180, § 1; P.L. 1954, ch. 3370, § 1; P.L. 1955, ch. 3558, § 1; G.L. 1956, § 36-10-24.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-25 - — 36-10-30. Repealed.

§ 36-10-25 — 36-10-30. Repealed.
History of Section.
P.L. 1939, ch. 669, § 1; P.L. 1940, ch. 925, §§ 1— 4; P.L. 1941, ch. 1045, § 2; P.L. 1946, ch. 1762, § 1; P.L. 1952, ch. 3017, § 1; G.L. 1956, §§ 36-10-25 — 36-10-30; Repealed by P.L. 1980, ch. 170, § 2 and P.L. 1992, ch. 306, art. 1, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-31. - Deduction of amounts received from workers’ compensation or as damages.

§ 36-10-31. Deduction of amounts received from workers’ compensation or as damages.
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.
History of Section.
P.L. 1936, ch. 2334, § 11; G.L. 1938, ch. 18, § 11; P.L. 1947, ch. 1971, § 9; G.L. 1956, § 36-10-31; P.L. 2014, ch. 231, § 5; P.L. 2014, ch. 289, § 5.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-32. - Tax exemption.

§ 36-10-32. Tax exemption.
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.
History of Section.
P.L. 1936, ch. 2334, § 12; G.L. 1938, ch. 18, § 12; G.L. 1956, § 36-10-32; P.L. 1985, ch. 496, art. 3, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-33. - Penalty for fraudulent claim or statement.

§ 36-10-33. Penalty for fraudulent claim or statement.
Every person who knowingly or willfully makes, presents, or in anyway procures the making or presentation of any false or fraudulent affidavit or affirmation concerning any claim for pension or payment thereof, shall, in every case, forfeit a sum not exceeding ten thousand dollars ($10,000), in addition to the repayment of any and all money received from the retirement system because of a false or fraudulent claim or statement, with interest, at the rate of twelve percent (12%) per annum, to be sued and recovered by and in the name of the retirement board of the retirement system, and when recovered, paid over to and thereupon become a part of the funds of the retirement system.
History of Section.
P.L. 1936, ch. 2334, § 13; G.L. 1938, ch. 18, § 13; G.L. 1956, § 36-10-33; P.L. 1980, ch. 106, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-34. - Exemption of benefits and contributions from attachment.

§ 36-10-34. Exemption of benefits and contributions from attachment.
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.
History of Section.
P.L. 1981, ch. 168, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-35.1. - One time adjustment to original retirement allowances.

§ 36-10-35.1. One time adjustment to original retirement allowances.
(a)
All state employees and the beneficiaries of state employees who retired during calendar year 1979 shall receive an additional eight percent (8%) to their original retirement allowances.
(b)
All state employees and the beneficiaries of state employees who retired during calendar year 1979 shall receive an additional two percent (2%) added to the base eight percent (8%) paid to the 1979 retirees. Provided, further, that an additional two percent (2%) of the retirement allowance shall be paid for each year to a maximum of twenty percent (20%) to those retirees and beneficiaries who retired in calendar year 1973, and prior to 1973, as indicated in the following schedule:
Year of Retirement
Additional Percentage
1979
8%
1978
10%
1977
12%
1976
14%
1975
16%
1974
18%
1973
20%
Years prior to 1973
20%
(c)
The additional percentage shall be incorporated into the recipient’s monthly benefit starting with the payment due on or after July 31, 1986. Provided further, that the new 1986 pro rated payment shall be the base for any subsequent cost of living adjustment payments.
(d)
The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.
History of Section.
P.L. 1986, ch. 482, § 4.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-36.1. - Post-retirement employment related to COVID-19.

§ 36-10-36.1. Post-retirement employment related to COVID-19.
(a)
Notwithstanding any public or general law, or rule or regulation to the contrary, any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45 may, as part of the public health crisis caused by COVID-19, exceed the seventy-five-day (75) cap on post-retirement employment upon:
(1)
A determination by the local education authority that there exists a specialized need, within their authority, to fill positions on a temporary basis, that may exceed the seventy-five-day (75) cap on post-retirement employment;
(2)
There exists a good-faith basis that those retired teachers, administrators, and staff members being asked to exceed the seventy-five-day (75) cap on post-retirement employment possess the skills, training, and knowledge necessary to help address the public health crisis caused by COVID-19; and
(3)
The local education authority has notified the state retirement board that it has determined that exceeding the seventy-five-day (75) cap on post-retirement employment is necessary to help address the public health crisis caused by COVID-19.
(b)
Any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45, and has been employed or re-employed under the provisions of this section, shall not be entitled to additional service credits for such employment.
(c)
Unless extended by the general assembly, this section shall sunset upon the conclusion of the 2021-2022 school year.
History of Section.
P.L. 2022, ch. 7, § 2, effective March 28, 2022; P.L. 2022, ch. 8, § 2, effective March 28, 2022.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-37. - Retirement benefits for certain general state officers.

§ 36-10-37. Retirement benefits for certain general state officers.
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 (¾) 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.
History of Section.
P.L. 1973, ch. 142, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-38. - Combined service credits of general state officers.

§ 36-10-38. Combined service credits of general state officers.
When a person has combined and transferred service credits, earned as a member of the Rhode Island municipal retirement system, to the state retirement system, and the service amounts to not less than twenty (20) years in the aggregate as a general state officer and/or as an elected officer of a town or city, as defined in § 45-21-2, the service credits of the person may be deemed to be consecutive service to the state as provided by this chapter.
History of Section.
P.L. 1976, ch. 249, § 1; P.L. 1994, ch. 142, § 6.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-39. - Fiscal impact of proposed legislation impacting the retirement system.

§ 36-10-39. Fiscal impact of proposed legislation impacting the retirement system.
Proposed legislation which directly impacts the retirement system can potentially affect the benefits of all plan participants and beneficiaries. Since it is in the best interests of plan participants and beneficiaries to determine the financial consequences of any proposed legislation which would directly impact the state’s liability to the retirement system, such legislation shall not be approved by the general assembly unless an explanatory statement or note, prepared and paid for by the employees’ retirement system of the state of Rhode Island is appended to the proposed legislation which actuarially calculates, based upon approved retirement board assumptions, the projected twenty (20) year cost of the proposed legislation. These statements or notes shall be known as “pension impact notes,” and they shall accompany each such bill or resolution prior to consideration of the house in which the bill or resolution originated. The reasonable cost of preparing pension impact notes shall be charged as an administrative expense and paid from the retirement system’s restricted receipts account established pursuant to § 36-8-10.1. Only the chair of the senate committee on finance with the approval of the president of the senate can request a pension impact note on proposed legislation that originates in the senate. Only the chair of the house committee on finance with the approval of the speaker of the house can request a pension impact note on proposed legislation that originates in the house. The governor can request a pension impact note on proposed legislation recommended in the appropriation acts required by §§ 35-3-7 or 35-3-8. This section shall be in addition to the requirements of chapter 12 of title 22.
History of Section.
P.L. 1994, ch. 139, § 8; P.L. 2008, ch. 100, art. 23, § 2.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10 - Retirement System — Contributions and Benefits › Section 36-10-40. - Domestic partner — Definition.

§ 36-10-40. Domestic partner — Definition.
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.
History of Section.
P.L. 2007, ch. 510, § 12.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.1 - Rhode Island Public Employee Pension Revocation and Reduction Act › Section 36-10.1-1. - Short title.

§ 36-10.1-1. Short title.
This chapter shall be known and may be cited as the “Public Employee Pension Revocation and Reduction Act”.
History of Section.
P.L. 1992, ch. 306, art. 1, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.1 - Rhode Island Public Employee Pension Revocation and Reduction Act › Section 36-10.1-4. - Return of contribution.

§ 36-10.1-4. Return of contribution.
(a)
Any public official or public employee whose retirement or other benefits or payments are revoked pursuant to this chapter shall be entitled to a return of his or her contribution paid into the relevant pension fund(s), without interest.
(b)
Any public official or employee whose retirement or other benefits or payments are reduced pursuant to this chapter shall be entitled to a pro rata return of a portion of his or her contribution paid into the relevant pension fund(s) in an amount proportionate to the amount of any such reduction, without interest.
(c)
Notwithstanding the provisions of subsections (a) and (b) of this section, no payments in return of contributions shall be made or ordered unless and until the superior court determines that the public official or public employee whose retirement or other benefits or payments have been revoked or reduced under this chapter has satisfied in full any judgments or orders rendered by any court of competent jurisdiction for the payment of restitution for losses incurred by any person as a result of the subject crime related to public office or public employment. If the superior court determines that the public official or employee whose retirement or other benefits or payments have been revoked or reduced under this chapter has failed to satisfy any outstanding judgment or order of restitution rendered by any court of competent jurisdiction, it may order that any funds otherwise due to the public official or public employee as a return of contribution, or any portion thereof, be paid in satisfaction of the judgment or order.
History of Section.
P.L. 1992, ch. 306, art. 1, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.1 - Rhode Island Public Employee Pension Revocation and Reduction Act › Section 36-10.1-5. - Municipal employee pension revocation and reduction.

§ 36-10.1-5. Municipal employee pension revocation and reduction.
The superior court shall have jurisdiction to review any decisions, appeals, or other proceedings initiated pursuant to any municipal ordinance providing for the revocation or reduction of the pension of any municipal employee for circumstances constituting dishonorable service as defined by municipal ordinances.
History of Section.
P.L. 2014, ch. 497, § 1; P.L. 2014, ch. 526, § 1.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-1. - Short title.

§ 36-10.2-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Pension Protection Act.”
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-2. - Purpose.

§ 36-10.2-2. Purpose.
The purpose of the Rhode Island Pension Protection Act is to provide current, retired and future public employees financial retirement security by codifying procedures that will promote the sustainability and longevity of the state’s retirement systems. The act will implement a fair process to be used to facilitate needed changes in times of fiscal distress.
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-3. - Definitions.

§ 36-10.2-3. Definitions.
As used in this chapter, the following terms, unless the context requires a different interpretation, have the following meanings:
(1)
“Retirement board” or “board” means the retirement board of the Employees’ Retirement System of the State of Rhode Island as defined in chapter 8 of this title.
(2)
“Actuary” means the actuary selected from time to time and employed by the board in accordance with chapter 8 of this title.
(3)
“Plan” or “plans” means any plan or plans that are part of the following public retirement systems: the Employees’ Retirement System of Rhode Island (ERS); the Municipal Employees’ Retirement System of Rhode Island (MERS); the Rhode Island State Police Retirement Benefits Trust (SPRBT); and the Rhode Island Judicial Retirement Benefits Trust (JRBT).
(4)
“Funded percentage” means the percentage equal to a fraction- the numerator of which is the actuarial value of the plan’s assets, as determined by the actuary, and the denominator of which is the accrued liability of the plan, determined by the actuary using actuarial assumptions approved by the board.
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-4. - Actuarial valuation methodology.

§ 36-10.2-4. Actuarial valuation methodology.
Actuarial accounting methods used by the actuary in determining the funded percentage shall be determined by the board in compliance with all applicable public pension accounting laws, rules and regulations. The actuary or the board shall not, year to year, change actuarial methods for the sole purpose of achieving a more favorable funding or fiscal result. Any actuarial assumptions not determined by the board shall be made by the actuary in good faith and in accordance with accepted actuarial standards.
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-5. - Determination of endangered status.

§ 36-10.2-5. Determination of endangered status.
A plan is in endangered status for a plan year if the retirement board determines, in consultation with the plan actuary, that the plan:
(i)
Has a funded percentage of fifty percent (50%) or less;
(ii)
The plan’s funded percentage has decreased for five (5) consecutive plan years.
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-6. - Annual certification and notice requirements.

§ 36-10.2-6. Annual certification and notice requirements.
(1)
Not later than November 1 of each plan year of a plan, the actuary shall certify to the board and the executive director of the retirement system whether or not a plan is in endangered status for such a plan year.
(2)
In any case in which the actuary certifies that a plan is in endangered status for a plan year, the executive director of the retirement system shall, not later than thirty (30) business days following the certification, provide notification of the endangered status to the members, beneficiaries, the general assembly, the governor, the general treasurer and any local or municipal employer of a MERS plan determined to be in endangered status. The notification shall also be posted electronically on the retirement board’s website.
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-8. - Funding improvement period.

§ 36-10.2-8. Funding improvement period.
(1)
The funding improvement period for any funding improvement strategy adopted pursuant to this chapter shall begin on the first day of July immediately after the adoption date of the funding improvement strategy.
(2)
The funding improvement period shall be a ten (10) year period unless the actuary certifies under § 36-10.2-6 for a plan year that the plan is no longer in endangered status. In such a case, the funding improvement period shall end as of the close of the preceding plan year.
(3)
A plan may not be amended during the funding improvement period so as to be inconsistent with the funding improvement strategy.
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-9. - Transition period.

§ 36-10.2-9. Transition period.
Effective for plan years beginning July 1, 2012, any new legislation enacted contemporaneously with this chapter that is expected to improve the funding percentage of such a plan to eighty percent (80%) or greater within a reasonable funding improvement period not to exceed twenty (20) years shall be considered to constitute a funding improvement strategy. The funding improvement period shall be governed by such enacted legislation and shall begin July 1, 2012.
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-10. - Severability.

§ 36-10.2-10. Severability.
The holding of any section or sections or parts hereof to be void, ineffective, or unconstitutional for any cause shall not be deemed to affect any other section or part hereof.
History of Section.
P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.2 - Pension Protection Act › Section 36-10.2-11. - Advisory working group — Report.

§ 36-10.2-11. Advisory working group — Report.
(a)
The general treasurer shall establish and convene an advisory working group to assist in the review and analysis of the impacts of the Rhode Island Retirement Security Act of 2011 on the state’s public retirement systems and their current and retired members. The working group shall develop options for consideration by the general assembly that may be needed to improve the pension programs or address any unintended consequences of the Act. Options, to the extent possible, shall include a clear cost-benefit analysis.
(b)
The advisory working group may include, but not be limited to, designees from the following: the office of the general treasurer, actuarial professionals, public sector unions, state and/or national organizations interested in pension reform and sustainability, pension advocacy groups, and financial and investment professionals.
(c)
On or before March 1, 2024, the general treasurer shall forward a report containing the findings, recommendations and proposed options for consideration to the governor, speaker of the house, and president of the senate.
History of Section.
P.L. 2023, ch. 79, art. 12, § 5, effective June 16, 2023.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.3 - Defined Contribution Retirement Plan › Section 36-10.3-1. - Definitions.

§ 36-10.3-1. Definitions.
As used in this chapter, the following terms, unless the context requires a different interpretation, shall have the following meanings:
(1)
“Compensation” means compensation as defined in § 36-8-1(8).
(2)
“Employee” means an employee as defined in §§ 36-8-1(9) and 45-21-2(7) and a teacher as defined in § 16-16-1(12), effective July 1, 2012; provided however, effective July 1, 2015, “employee” shall not include any employee with twenty (20) or more years of total service as of June 30, 2012, in the employees retirement system under chapters 8 through 10 of title 36 or chapter 16 of title 16 (ERS), or the municipal employees retirement system under chapter 21 of title 45 (MERS).
(3)
“Employer” means the State of Rhode Island or the local municipality which employs a member of the Employees Retirement System under chapters 8 through 10 of title 36 or chapter 16 of title 16 (ERS) or the Municipal Employees Retirement System under chapters 21 and 21.2 of title 45 (MERS).
(4)
“Plan” means the retirement plan established by this chapter.
(5)
A “public safety member” shall mean a member of MERS who is a municipal fire fighter or a municipal policeman or policewoman as defined in § 45-21.2-2 who does not participate in Social Security under the Federal Old Age, Survivors, and Disability income program.
(6)
“Regular member” means:
(i)
An employee who is a member of ERS other than correctional officers as defined in § 36-10-9.2; or
(ii)
An employee who is a member of MERS other than a public safety member.
(7)
The “retirement board” or “board” shall mean the retirement board of the Employees Retirement System of Rhode Island as defined in chapter 8 of this title. The retirement board shall be the plan administrator and plan trustee and shall administer the plan in accordance with § 36-8-4.1.
(8)
“State investment commission” or “commission” means the state investment commission as defined in § 35-10-1.
(9)
“Supplemental employer” includes any employer that provides supplemental contributions to the defined contribution retirement plan as provided in § 36-10.3-3.
(10)
“Supplemental member” is defined in § 36-10.3-3.
History of Section.
P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9; P.L. 2015, ch. 141, art. 21, § 8.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.3 - Defined Contribution Retirement Plan › Section 36-10.3-3. - Supplemental participation for local public employers.

§ 36-10.3-3. Supplemental participation for local public employers.
Employers that include job positions, other than public safety positions, that do not participate in Social Security under the Federal Old Age, Survivors and Disability Income program, but which currently contribute to ERS or MERS on behalf of such positions, shall make supplemental contributions to the plan on behalf of regular members in such positions as a supplemental employer in accordance with § 36-10.3-6(a). A supplemental employer may request a different level of supplemental contributions in accordance with § 36-10.3-6(b) by an ordinance or resolution of its governing body. A regular member in such positions shall be referred to as a “supplemental member” in § 36-10.3-6.
History of Section.
P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.3 - Defined Contribution Retirement Plan › Section 36-10.3-4. - Member contributions.

§ 36-10.3-4. Member contributions.
(1)
Each regular member shall contribute to the member’s individual account in the plan an amount equal to five percent (5%) of the member’s compensation from July 1 to the following June 30.
(2)
Each public safety member not participating in Social Security under the Federal Old Age, Survivors and Disability Income program, shall contribute to the member’s individual account an amount equal to three percent (3%) of the member’s compensation from July 1 to the following June 30.
(3)
Contributions by supplemental members shall be governed by § 36-10.3-6.
(4)
The employer shall deduct the contribution from the member’s compensation at the end of each payroll period, and shall remit the contributions on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld, and the contribution shall be credited by the plan to the member’s individual account. The contributions shall be deducted from the member’s compensation before the computation of applicable federal taxes and shall be treated as employer contributions under 26 U.S.C. § 414(h)(2). A member shall not have the option of making the payroll deduction directly in cash instead of having the contribution picked up by the employer.
(5)
Contributions of employees shall be made by payroll deductions. Every member shall be considered to consent to payroll deductions. It is of no consequence that a payroll deduction may cause the compensation paid in cash to an employee to be reduced below the minimum required by law. Payment of an employee’s compensation, less payroll deductions, is a full and complete discharge and satisfaction of all claims and demands by the employee relating to remuneration of services during the period covered by the payment, except with respect to the benefits provided under the plan.
(6)
Additional voluntary member contributions may be permitted in accordance with this section in such manner as determined in the discretion of the commission.
(7)
Every employer is required to deduct and withhold member contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
History of Section.
P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9; P.L. 2019, ch. 205, § 7; P.L. 2019, ch. 271, § 7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.3 - Defined Contribution Retirement Plan › Section 36-10.3-5. - Employer contributions.

§ 36-10.3-5. Employer contributions.
(1)
An employer shall contribute to each regular member’s individual account the following amounts on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld:
(i)
For members with fewer than ten (10) years of total service as of June 30, 2012, an amount equal to one percent (1%) of the member’s compensation at the end of each payroll period from July 1 to the following June 30;
(ii)
For members with ten (10) or more, but fewer than fifteen (15) years of total service as of June 30, 2012, an amount equal to one percent (1%) of the member’s compensation at the end of each payroll period from July 1, 2012, through June 30, 2015, and effective July 1, 2015, an amount equal to one and one-quarter percent (1.25%) of the member’s compensation at the end of each payroll period; and
(iii)
For members with fifteen (15) or more, but fewer than twenty (20) years of total service as of June 30, 2012, an amount equal to one percent (1%) of the member’s compensation at the end of each payroll period from July 1, 2012, through June 30, 2015, and effective July 1, 2015, an amount equal to one and one-half percent (1.5%) of the member’s compensation at the end of each payroll period from July 1 to the following June 30.
(2)
An employer shall contribute to the individual account of each public safety member, not participating in Social Security under the Federal Old Age, Survivors and Disability Income program, an amount equal to three percent (3%) of the member’s compensation from July 1 to the following June 30.
(3)
Contributions by supplemental employers shall be governed by § 36-10.3-6.
History of Section.
P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9; P.L. 2015, ch. 141, art. 21, § 9; P.L. 2019, ch. 205, § 7; P.L. 2019, ch. 271, § 7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.3 - Defined Contribution Retirement Plan › Section 36-10.3-6. - Supplemental employer and member contributions.

§ 36-10.3-6. Supplemental employer and member contributions.
(a)
A supplemental member shall contribute to the member’s individual account an amount equal to two percent (2%) of the member’s compensation from July 1 to the following June 30 in addition to the requirements of § 36-10.3-4. For these members, a supplemental employer shall contribute to the member’s individual account an amount equal to two percent (2%) of the member’s compensation from July 1 to the following June 30 in addition to the requirements of § 36-10.3-5.
(b)
A supplemental employer may request a different level of supplemental member contributions and supplemental employer contributions subject to the approval of the state investment commission.
(c)
The contributions shall be transmitted on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld and every employer is required to deduct and withhold member supplemental contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
History of Section.
P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9; P.L. 2019, ch. 205, § 7; P.L. 2019, ch. 271, § 7.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.3 - Defined Contribution Retirement Plan › Section 36-10.3-7. - Vesting of contributions.

§ 36-10.3-7. Vesting of contributions.
(1)
The total amount contributed by the member, including associated investment gains and losses, shall immediately vest in the member and is non-forfeitable.
(2)
The total amount contributed by the employer, including associated investment gains and losses, vests with the member and is nonforfeitable upon completion of three (3) years of contributory service. Service credited under ERS or MERS prior to the effective date of this plan shall be credited to members for vesting purposes.
History of Section.
P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.3 - Defined Contribution Retirement Plan › Section 36-10.3-8. - Investments.

§ 36-10.3-8. Investments.
The state investment commission shall determine from time to time the investment options available under the plan and a member may direct his or her account among the investment options offered under the plan pursuant to the plan documents.
History of Section.
P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9.
2023 Rhode Island General Laws › Title 36 - Public Officers and Employees › Chapter 36-10.3 - Defined Contribution Retirement Plan › Section 36-10.3-9. - Distributions.

§ 36-10.3-9. Distributions.
The plan documents shall specify the distribution options available under the plan which shall include a lump sum and rollover distribution option, and may include such installment, annuity, hardship, loan or death benefit options as determined by the state investment commission in its discretion subject to § 36-10.3-2(5).
History of Section.
P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9.