reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 4 - Rules and Regulations for Real Estate Time Share/Interval Ownership Sales and Practices › Section 110-RICR-40-00-4.5 - Conclusion

Current through June 14, 2024
4.5.1
Enforcement
These rules and regulations are enforceable to the same extent as would be any violation of the provisions of the Rhode Island Deceptive Trade Practices Law, R.I. Gen. Laws §
											6-13.1-1 et. seq. Specifically, enforcement remedies include injunctive and/or monetary relief pursuant to R.I. Gen. Laws §
											6-13.1-5; appointment of a receiver pursuant to R.I. Gen. Laws §
											6-13.1-5, civil penalties pursuant to R.I. Gen. Laws §
											6-13.1-8, and criminal penalties pursuant to R.I. Gen. Laws §
											6-13.1-14.
4.5.2
Severability
If any provision of these rules and regulations or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of the rules and regulations which can be given effect, and to this end the provisions of these rules and regulations are declared to be severable. These regulations are adopted under the authority of the Deceptive Trade Practices Act, R.I. Gen. Laws §
											6-13.1-1 et. seq. and the Administrative Procedures Act, R.I. Gen. Laws §
											42-35-1 et. seq. These regulations shall become effective twenty (20) days after filing with the Office of Secretary of State.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 50 - Criminal Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Reverse Undercover/Proprietary Operations (110-RICR-50-00-1) › Section 110-RICR-50-00-1.1 - Introduction

Current through June 14, 2024
A. "Reverse Undercover" is a generic term for any variation of the traditional drug buyer approach in which the undercover agent instead poses as the seller of drugs. It also encompasses those approaches in which the agent poses as a seller of essential chemical precursor products from an undercover "storefront" operation, of an essential service such as in a money laundering operation.
B. Reverse operations generally are of a more complex nature, consume greater resources, involve relatively new or untested points of law, and in other respects require close coordination with the prosecutor and with other law enforcement organizations. For these reasons, reverse operations will only be conducted with the prior approval of the Attorney General (AG) and in accordance with the guidelines set forth in these rules and regulations.
C. The R.I. Uniform Controlled Substance Act, R.I. Gen. Laws §
										21-28-1 et. seq. as amended by the R.I. General Assembly, January, 1991, requires that the Department of Attorney General promulgate rules and regulations for the administration of reverse undercover operations. These rules and regulations do not confer any legal rights to individuals arrested under this amendment, but do establish guidelines for law enforcement organizations using reverse undercover or proprietary operations. The guidelines will in part address prosecution concerns about the defenses for entrapment such as the subjective predisposition test, the objective police conduct test, and due process violations. These guidelines may be amended as necessary to facilitate the objectives of this chapter.
D. Although reverse undercover operations generally are productive in terms of asset seizures, asset seizures alone are not sufficient grounds for the use of this approach. The objective must be to immobilize violators, with asset seizures being just one facet of a proposed investigation. Focusing on identified targets of trafficking organizations that may also be contemplating a reverse operation on the same or related targets.
E. Reverse undercover operations will be directed against identified, traffickers or trafficking organizations as determined by the law enforcement organization and the Attorney General. Reverse operations will not be used in the fashion of a general "advertisement", with little idea as to whom may appear. The only exceptions to this may be in "storefront" operations of reverse proprietary operations involving the sale of precursor chemicals, in money laundering operations where it may not be possible to screen suspected potential violators in advance or situations where violators hold positions of trust in the criminal justice system and their use of substances undermines the integrity of the criminal justice System.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 50 - Criminal Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Reverse Undercover/Proprietary Operations (110-RICR-50-00-1) › Section 110-RICR-50-00-1.2 - Use of Controlled Substance/Planning and Approval

Current through June 14, 2024
A. A reverse undercover operation may or may not require the use of controlled substances. Where controlled substances are required the policies and procedures set forth in the following shall apply. "Use" as distinct from "furnish", means any situation where controlled substances are shown or "flashed" without ever leaving the control of the undercover law enforcement officer or where the controlled substance is to be supplied in a tightly controlled setting with recovery imminent through seizure and arrest.
B. "Furnish" means to actually give a controlled substance to a violator. In extraordinary circumstances where a small amount of drugs are given to a violator, there must be a clear indication that this approach will implicate the individual(s) involved and that the controlled substances furnished shall only be a small sample sufficient to test or necessary to establish the bonafides of the undercover officer. The weight, and when practicable the purity, of the sample must be determined and approved before any controlled substance is furnished. Where possible, sham narcotics (controlled substances) should be used. Sham narcotics shall never be used in a manner where there is any possibility they may be ingested or released into the general commerce or traffic. Sham narcotics for the purposes of these guidelines are defined as imitation narcotics created to mimic the real narcotic substances in terms of physical characteristics and their ability to pass the kind of chemical testing likely to be used by illicit traffickers.
C. The Attorney General or an Assistant Attorney General designated by the Attorney General must review and approve the investigations involving reverse operations prior to any arrests or seizures.
D. The investigative agency must draft and adhere to a written operational investigative plan which will be reviewed and approved by the highest ranking authority in a law enforcement organization or his designate. The investigative plan in brief will cover the following topics:
1. Identify the target(s) and substantiate their importance.
2. Describe the background and the current status of the investigation.
3. Identify other law enforcement organizations involved in the investigation and outline the level of cooperation and coordination.
4. If controlled substances are to be used (real or sham), discuss how the drugs will be used, how much will be required and whether or not a sample will be provided to the target.
5. Describe security measures that will be employed to protect the officers and the drugs.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 50 - Criminal Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Reverse Undercover/Proprietary Operations (110-RICR-50-00-1) › Section 110-RICR-50-00-1.3 - Obtaining and Accounting for Controlled Substances

Current through June 14, 2024
A. To obtain a controlled substance such as marijuana, cocaine, or heroin (but not limited to these substances), the requesting agency should indicate the case number, the toxicology number, the name of the previous defendant (if applicable), the type of drug requested and the order of destruction (if applicable). In all instances, the requester must adhere to state and federal requirements for chain of custody of evidence. Subsequent use must not be in conflict with any disposal orders issued by the court.
B. Controlled substances used in reverse operations should come from evidence in closed state cases or from evidence in closed federal cases. U.S. Customs and DEA can be used on request to supply some controlled substances for reverse operations.
C. Transfers of narcotics from federal agencies must be permanent and the controlled substances should not be returned and must be destroyed according to the rules of the receiving state or local agency.
D. Controlled substances must be weighed, tested, and specifically identified prior to and following an operation.
E. The officer to whom a controlled substance is released will be held responsible for its safekeeping and its prompt return to evidence as soon as the need for the controlled substance has ended. (As per R.I. Gen. Laws §§
										21-28-5.07(b) and (c)  If the reverse operation is successful, the controlled substance used becomes evidence in the new case and must be handled according to departmental regulations. Unused controlled substances that have not taken on evidentiary value will be returned to evidence, documented and destroyed according to state law provisions.
F. The logistics of the operation should be designed such that the controlled substances are out of evidence the shortest possible time (preferably less than twenty four (24) hours). While a controlled substance is in use, the security measures necessary to assure safekeeping and integrity of the drugs and the safety of undercover personnel will rank on a par with the highest projective of the investigation. In all instances it is the officer's responsibility to insure proper documentation of the chain of custody for controlled substances used in reverse operations.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 50 - Criminal Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Reverse Undercover/Proprietary Operations (110-RICR-50-00-1) › Section 110-RICR-50-00-1.4 - Marijuana

Current through June 14, 2024
Marijuana used in reverse undercover operations will be drawn from earlier seizures as per R.I. Gen. Laws §
										21-28-5.07. Agencies and/or agents applying for marijuana must insure that these exhibits are no longer needed as evidence in an earlier case (refer to §
										1.3     of this Part) (As per R.I. Gen. Laws §
										21-28-5.07.1).
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 50 - Criminal Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Reverse Undercover/Proprietary Operations (110-RICR-50-00-1) › Section 110-RICR-50-00-1.5 - Cocaine, Heroin and Other Controlled Substances

Current through June 14, 2024
A. When an operation requires the use of any of these drugs, it is important that these drugs be handled with care as per §
										1.3     of this Part. All drugs under this section should be issued under seal and that seal should remain intact until the drug is actually required and released. The drugs should be resealed as soon as possible after use. The logistics of the operation should be planned such that the drug is out of laboratory custody or agency custody for the shortest possible time. Rigid security measures must be taken to safeguard the drug while in use. The officer to whom the drugs are released will be held responsible for the safekeeping, integrity, and the chain of custody of drugs used in reverse operations.
B. At the conclusion of its use, the drug will be returned to the laboratory under seal for retesting and quantification before being reentered into a law enforcement agency evidence system.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 50 - Criminal Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Reverse Undercover/Proprietary Operations (110-RICR-50-00-1) › Section 110-RICR-50-00-1.6 - Coordination of Investigation

Current through June 14, 2024
In order to prevent reverse undercover operations from clashing with each other, it is essential that reverse operations be coordinated with other state, local, and federal law enforcement agencies operating in an area. To prevent separate law enforcement organizations from targeting the same individuals and to prevent a law enforcement agency from conducting reverse stings on undercover officers from another law enforcement agency, all Rhode Island law enforcement organizations must first notify the Attorney General of the pending reverse operation. The controlling law enforcement agency and the Attorney General will then coordinate with other agencies insofar as possible without compromising or sacrificing the security of the proposed reverse operation.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 50 - Criminal Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Reverse Undercover/Proprietary Operations (110-RICR-50-00-1) › Section 110-RICR-50-00-1.7 - Effect of Order

Current through June 14, 2024
The reverse sting order shall remain under seal at a location designated by the Presiding Justice. The reverse sting order may be executed only within ten (10) days after its date. If the Order is not executed the Attorney General or an Assistant Attorney General designated by the Attorney General shall be notified and the police copy of the Order returned to the Attorney General or his designate forthwith.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 60 - Public Records › Subchapter 00 - N/A › Part 2 - Department of Attorney General Rules and Regulations Regarding Training under the Access to Public Records Act › Section 110-RICR-60-00-2.2 - Access to Public Records Act Training Certification

Current through June 14, 2024
State of Rhode Island Department of the Attorney General
CERTIFICATE OF COMPLIANCE
ACCESS TO PUBLIC RECORDS ACT SECTION 38-2-3.16
COMPLIANCE BY AGENCIES AND PUBLIC BODIES
SECTION A - TO BE COMPLETED BY CHIEF ADMINISTRATOR
This certifies that _______________________ of ____________________________, has completed the Access to Public Records training on the ____ day of ______________, 20____, and is in compliance with R.I. Gen. Laws §
														38-2-3.16. The above has completed training by means of:
_____ Live Presentation _____ Video Presentation
Chief Administrator ________________________
Department/Entity _______________________
Dated _______________
SECTION B - TO BE COMPLETED BY CERTIFIED PERSONNEL
I certify that I have viewed the video presentation and/or a live presentation and am in compliance with §38-2-3.16 of the Access to Public Records Act. In addition, I certify that the information I have provided on this statement is true and correct.
Date of Training: _____________
Signed: ____________________
Email Address: ________________
**Email address will be used only to provide notice of future Open Government seminars**
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.1 - General Administrative Rules of the Retirement Board

Current through June 14, 2024
The Rules and Regulations published herein have been
					 adopted by the Employees' Retirement Board pursuant to statutory authority
					 found in R.I. Gen. Laws §
										36-8-3. This manual is not a
					 substitute for the General Laws nor will its Rules prevail should a conflict
					 arise between this manual and R.I. Gen. Laws Titles 16, 36 and 45. Finally,
					 Rules governing retirement are subject to change periodically either by statute
					 of the Rhode Island Legislature or by Regulation of the Employees' Retirement
					 Board of Rhode Island.
1.1.1
General
A. Definitions
1. "Board" or "board" means the independent
				  Retirement Board created by R.I. Gen. Laws Chapter 36-8.
2. "Member" means a member of the independent
				  Retirement Board created by R.I. Gen. Laws Chapter 36-8.
3. "Fiduciary" means any person who exercises
				  any discretionary authority or discretionary control respecting management of
				  the funds of any retirement system managed or administered by the Retirement
				  Board, or who exercises any authority or control respecting management or
				  disposition of its assets, including, without limitation: any retirement board
				  member, alternate member, or any retirement board staff member who exercises
				  such authority or control.
4.
				  "Alternate member" means an individual who is a designee of a "member", who is
				  sworn in by the Board to either serve on the Board as provided by R.I. Gen.
				  Laws §
												36-8-4 or a Committee as provided
				  by §1.1.1(K) of this Part, when a member is unable to participate. The
				  alternate member possesses all the powers and responsibilities of the member.
				  All existing provisions of law and ERSRI regulations relating to fiduciary
				  duty, training, continuing education, attendance, conflict of interest,
				  eligibility and removal shall apply to alternate members in the same manner as
				  they apply to members. The alternate member's designation must also be entered
				  into the minutes of the board or Committee meeting at which the designation is
				  made.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.3 - Rules Concerning the Selection of Consultants

Current through June 14, 2024
1.3.1
General Provisions
A. Introduction The Employees' Retirement
				  System of the State of Rhode Island and the Municipal Employees' Retirement
				  System of the State of Rhode Island (the "System") are authorized to employ
				  consulting and other professional services. The purpose of these Rules is to
				  adopt internal procedures consistent with the requirements of R.I. Gen. Laws
				  Chapter 37-2 (State Purchases Act) in connection with the procurement of
				  consulting services by the System.
B. Definitions
1. All capitalized terms used herein shall
				  have the same meaning as set forth in §
												1.2 of this Part. The words
				  defined in this subsection shall have the following meanings wherever they
				  appear in these Rules, unless the context in which they are used clearly
				  requires a different meaning.
a. "Consultant"
				  means any person engaged to provide information regarding a particular area of
				  knowledge in which the person has expertise, including, but not limited to,
				  accountants, actuaries, financial consultants, data processing consultants and
				  physicians, excluding, however, legal services.
C. Application of Rules
1. These Rules apply to all expenditures of
				  funds by the System under a contract for consulting services, except contracts
				  between the System and the State or its political subdivisions, or between the
				  System and other governments. The provisions of these Rules shall be considered
				  to be incorporated in all contracts of the System to which they
				  apply.
2. Notwithstanding anything
				  contained in §1.3.1(C) of this Part, §
												1.2 of this Part shall govern
				  the procurement of supplies and services.
D. Procurement Responsibilities of the System
The Procurement Committee shall select persons or firms to
					 render consultant services pursuant to these Rules. Accordingly, the term
					 "System" shall be used in these Rules to designate the Procurement
					 Committee.
E. Public Access
				  to Procurement Records
Except as otherwise provided for herein all procurement
					 records of the System shall be public record to the extent provided in R.I.
					 Gen. Laws Chapter 38-2 (Access to Public Records) and shall be available to the
					 public as provided in such Act.
F. Procurement Decisions of the System
Every determination required by these Rules shall be in
					 writing and based upon written findings of fact by the System. These
					 determinations and written findings shall be retained in an official contract
					 file in the offices of the System.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.4 - Rules of Practice and Procedure for Hearings in Contested Cases

Current through June 14, 2024
A. Introduction
These Rules of Practice and Procedure are promulgated
					 pursuant to R.I. Gen. Laws §
											36-8-3. The Rules shall be in
					 effect during any hearing on a contested case before the Retirement Board or
					 its duly authorized representatives.
B. Definitions
1. The definitions set forth in R.I. Gen.
				  Laws §§
											36-8-1,
				  45-21-2,
				  45-21.2-2 and
				  16-16-1, and as further set forth
				  in Regulations promulgated by the Retirement Board, are specifically
				  incorporated by reference herein.
a.
				  "Contested case" means a matter for which a member requests a hearing because
				  they are aggrieved by an administrative action other than a Disability
				  decision. The term shall apply to hearings conducted before Hearing Officers,
				  and thereafter in proceedings before the full Retirement Board.
b. "Party" means any member, beneficiary,
				  Retirement System, or such other person or organization deemed by the Hearing
				  Officer to have standing.
c.
				  "Hearing officer" means an individual appointed by the Retirement Board to hear
				  and decide a contested case.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.7 - Rules Regarding the Use of R.I. Gen. Laws Section 36-10-18 Multiple Beneficiaries

Current through June 14, 2024
A. Regulation
				  Summary
1. In 1994, the Rhode Island General
				  Assembly amended R.I. Gen. Laws §
											36-10-18 to allow members of the
				  Employees Retirement System of Rhode Island (public school teachers and State
				  employees only) to elect more than one (1) beneficiary to be the recipient of a
				  survivor option under Rhode Island retirement law. The option to elect multiple
				  beneficiaries is not available to State Police, judicial, general municipal, or
				  police & fire members of retirement plans administered by ERSRI.
2. This Regulation explains the procedure to
				  be utilized by ERSRI in determining the amount due each qualified
				  beneficiary.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.8 - Rules Regarding the Operation and Administration of R.I. Gen. Laws Sections 36-10-18, 36-10-19, 45-21-30 and 45-21-51 Concerning the Right to Revoke or Modify a Retirement Option after Retirement

Current through June 14, 2024
A.
				  Introduction
1. These Administrative Rules
				  pertaining to the right of a retired member to revoke or modify their
				  retirement option after retirement are promulgated pursuant to R.I. Gen. Laws §
											36-8-3. The Rules shall be
				  applicable to all changes requested pursuant to R.I. Gen. Laws §§
											36-10-19 and
				  45-21-30.
2. This Regulation does not apply to retired
				  members who selected to receive retirement benefits per the Maximum Plan or the
				  Social Security Option provisions or to members of either the Judicial
				  Retirement Plan or the State Police Retirement Plan.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.9 - Rules Pertaining to the Application to Receive an Ordinary or Accidental Disability Pension

Current through June 14, 2024
A. Introduction
1. These Administrative Rules pertaining to
				  the application to receive an Ordinary or Accidental Disability Pension are
				  promulgated pursuant to R.I.Gen. Laws §
											36-8-3. The Rules shall be
				  applicable to the adjudication of all Ordinary Disability Pension applications
				  received pursuant to R.I. Gen. Laws §§
											36-10-12,
				  36-10-13,
				  16-16-14,
				  16-16-15,
				  45-21-19,
				  45-21-20, 4521.2-7 and
				  45-21.2-8, and all Accidental
				  Disability Pension applications received pursuant to R.I. Gen. Laws §§
											36-10-14,
				  36-10-15,
				  16-16-16, 1616-17,
				  45-21-21,
				  45-21-22,
				  45-21.2-9 and
				  45-21.2-10.
2. This Regulation does not apply to members
				  of the Judicial Retirement Plan or the State Police Retirement
				  Plan.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.10 - Rules Regarding the Operation and Administration of R.I. Gen. Laws Sections 16-16-1(12) and 16-16-5 Regarding Creditable Service as a Teacher Member of the Employees Retirement System of Rhode Island

Current through June 14, 2024
A.
				  Regulation Summary
This Regulation governs the determination of creditable
					 service for teacher members of the Employees' Retirement System of Rhode Island
					 (ERSRI). This Regulation does not apply to State employee members, members of
					 the Municipal Employees' Retirement System (MERS), or members of the Judicial
					 Retirement Plan or State Police Retirement Plan.
B. Definitions
"School year" shall be defined as the number of days
					 required by R.I. Gen. Laws §
											16-2-2 that school be in
					 session.
C. Statutory
				  Standard
Every teacher as defined in R.I. Gen. Laws §
											16-16-1(a)(12)
					 who is an active member of the Employees Retirement System of Rhode Island
					 shall be eligible for one (1) year of service credit for each school year
					 served as a teacher.
D.
				  Service Credit for Classroom Teachers
1. In
				  those years in which a teacher works less than the total number of days in a
				  school year the Employees' Retirement System will award service credit
				  according to the following schedules:
a. For
				  service credits accrued prior to November 17, 2011, the following schedule
				  shall apply:
45 days
= 3 months service credit
67 days
= 6 months service credit
91 days
= 9 months service credit
135 days
= 1 year service credit
b.
				  For service credits accrued on and after November 17, 2011, service credits are
				  calculated on a proportional basis based on days worked and the following
				  schedule shall apply:
45 days
= 3 months service credit
90 days
= 6 months service credit
135 days
= 9 months service credit
180 days
= 1 year service credit
c.
				  For example, a Teacher is able to retire as of November 9, 2013. How much
				  credit will be awarded for the 2013-2014 school year?
(1) Step 1. Count the number of days to
				  November 9 from the beginning of the school year i.e., September 1st = 47
				  days
(2) Step 2. Divide the number
				  of school days by 180, 47/180 =. 2611
(3) Step 3. Multiply .2611 x 12 months, .2611
				  x 12 = 3.1332
(4) The result is
				  3.1332 months. To get the days, multiply .1332 x 30 days which is 4 days.
				  Therefore, the Teacher will get 3 months and 4 days of credit for the 2013-2014
				  school year.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.11 - Rules Regarding the Operation and Administration of R.I. Gen. Laws Sections 16-16-8.1, 36-9-41 and 45-21-64 Regarding Purchase of Service Credits Payable by Installment

Current through June 14, 2024
A. Regulation
				  Summary
This Regulation governs procedure for installment payments
					 on optional service credits purchases (OSC) to members of the State and Teacher
					 Retirement System (ERS) and Municipal Employees Retirement System
					 (MERS).
B. Definitions
1. "Regular interest" shall mean interest
				  paid on a lump sum purchase as defined in R.I. Gen. Laws §
											36-8-1(14).
2. "Active member" shall be defined as in
				  R.I. Gen. Laws §§
											36-8-1(2),
				  1616-1(1) and
				  45-21-2(2).
3. "Installment interest" shall be defined as
				  the actuarial assumed rate of return adopted by the board pursuant to R.I. Gen.
				  Laws §
											36-8-13.
4. "Prorated agreement" shall be calculated
				  using a fraction. The numerator shall be the number of payments made on the
				  installment agreement and the denominator shall be the total number of payments
				  required to complete the agreement. This fraction shall be multiplied by the
				  total years of service being purchased through the installment. For example:
a. Total installment payments - 12
b. Total time being purchased - 7 years, 0
				  months, 0 days Installment payments made before termination - 6
c. 6/12 = 0.5
d. 0.5 x 7 years = 3.5
e. Service awarded at time of termination is
				  3 years, 6 months, 0 days
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.12 - Rules Regarding R.I. Gen. Laws Sections 36-10-14 and 16-16-16 Concerning Retirement for Accidental Disability and the Definition of the Terms of "Aggravation" and "Reinjury"

Current through June 14, 2024
A. Introduction
This Administrative Rule pertaining to the definition of
					 "aggravation" is promulgated pursuant to R.I. Gen. Laws §
											36-8-3. The Rules shall be
					 applicable to all applications for disability pensions under R.I. Gen. Laws §§
											36-10-14 and
					 16-16-16.
B. Definitions
1. "Aggravation" ? means an intervening
				  work-related trauma that independently contributes to a member's original
				  injury that amounts to more than the natural progression of the preexisting
				  disease or condition, and is not the result of age or length of service. The
				  intervening independent trauma causing the aggravation must be an identifiable
				  event or series of work-related events that are the proximate cause of the
				  member's present condition of disability.
2. "Reinjury" means a recurrence of the
				  original work-related injury from a specific ascertainable event. The specific
				  event must be the proximate cause of the member's present condition of
				  disability.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.13 - Definitions for Use in Administration of the Employees' Retirement System of the State of Rhode Island and the Municipal Employees' Retirement System of the State of Rhode Island, Regarding R.I. Gen. Laws Chapter 45-21.2, and the Definitions of Police Official, Police Officer and Firefighter

Current through June 14, 2024
A. Introduction
1. The Retirement Board of the Employees'
				  Retirement System of the State of Rhode Island and the Municipal Employees'
				  Retirement System of the State of Rhode Island, is vested with authority to
				  establish Rules and Regulations for the administration and transaction of the
				  business of the Retirement Systems, in connection with its management of the
				  various retirement and pension plans that provide retirement, survivor and
				  disability benefits for State employees, public school teachers, and
				  participating municipal employees.
2. It is the intent of the Administrative
				  Rules set forth herein to provide uniform definitions for use by the Retirement
				  Board in administering and transacting the business of these Retirement
				  Systems, and the various pension and retirement plans the Board is entrusted
				  with managing.
3. Statutory
				  References: R.I. Gen. Laws §§
											36-8-3;
				  45-21-32,
				  45-21.2-1,
et
				  seq
.; and R.I. Gen. Laws §
											16-16-1,
et
				  seq
.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.14 - Rhode Island Retirement Security Act of 2011 Regulations

Current through June 14, 2024
1.14.1
Concerning the Interpretation of
				  the Procedure for Service Retirement Statutes Under R.I. Gen. Laws Titles 36,
				  45 and 16
A. Introduction
This Administrative Rules pertaining to the Rhode Island
					 Retirement Security Act of 2011 are promulgated pursuant to R.I. Gen. Laws §
												36-8-3.
B. Application of R.I. Gen. Laws §
				  16-12-12(c)(iv)
1. The language in R.I. Gen.
				  Laws §
												16-16-12(c)(iv)
				  differs slightly from language in R.I. Gen. Laws §§
												36-10-9(c)(iv)
				  and 45-21-16(ii)(D).
				  The Retirement Board endeavors to interpret the language of each of these
				  procedures for service retirement statutes consistently with one
				  another.
2. Accordingly, the
				  reference to this section found in the first (1st)
				  sentence of R.I. Gen. Laws §
												16-16-12(c)(iv)
				  shall be interpreted to mean R.I. Gen. Laws §
												16-16-12(c).
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.15 - Access to Public Records

Current through June 14, 2024
A. Introduction
In accordance with R.I. Gen. Laws §
											38-2-3(d), the
					 Employees' Retirement System of Rhode Island (ERSRI) and Municipal Employees'
					 Retirement System (MERS) has instituted the following procedures to help you
					 obtain public records from our agency. ERSRI and MERS are State administered
					 Retirement Systems.
B.
				  Designated Public Records Officer
The designed public records officer for the Employees'
					 Retirement System of Rhode Island is:
Internal Legal Counsel
Employees' Retirement System of Rhode Island
50 Service Avenue, 2nd Floor
Warwick, RI 02886
(401) 462-7616(phone)
(401) 462-7691(fax)
APRA@ersri.org
C. Public Records Requests
1. If you wish to make a public records
				  request, please follow the instructions below:
a. For all non-media requests, please hand
				  deliver, mail, email or fax a written request to the attention of the
				  designated public records officer. The contact information for the designated
				  public records officer is listed above.
b. For all media requests, please contact the
				  media relations person at the Office of the General Treasurer at (401)
				  222-2397.
c. A written request is
				  not required for information available pursuant to R.I. Gen. Laws §
												42-35-2 (Administrative Procedures
				  Act) or other documents prepared for or readily available to the
				  public.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.16 - Regulation Regarding the Election of R.I. Gen. Laws Sections 36-10-10.3 and 45-21-17.2 Social Security Supplemental Option

Current through June 14, 2024
A.
				  Introduction
This Administrative Regulation pertaining to the election
					 of the social security supplemental option is promulgated pursuant to R.I. Gen.
					 Laws §
											36-8-3. The Regulation shall be
					 applicable to all State employees, correctional officers, teachers and
					 municipal employees who at the time of retirement, prior to November 17, 2011,
					 elected the social security supplemental option under R.I. Gen. Laws §§
											36-10-10.3 or
					 45-21-17.2 and who have not
					 reached age sixty-two (62).
B. Application of R.I. Gen. Laws §§
										36-10-10.3 and
				  45-21-17.2
1. R.I. Gen. Laws §§
											36-10-10.3 and
				  45-21-17.2 permit a vested member
				  to elect this option which provides for payment of a larger benefit before the
				  attainment of age sixty-two (62) and a reduced amount thereafter. The reduced
				  amount shall be equal to the benefit before age sixty-two (62) including cost
				  of living increases minus the member's estimated social security benefit
				  payable at age sixty-two (62). The benefits payable before and after the
				  attainment of age sixty-two (62) will be actuarially determined to be
				  equivalent to the lifetime service retirement allowance as determined in R.I.
				  Gen. Laws §§
											36-10-10 and
				  45-21-17 respectively.
2. This option is not available for
				  police/fire retirees, Disability retirees, nurses retiring from the Department
				  of Behavioral Healthcare Developmental Disabilities and Hospitals or Department
				  of Mental Health Retardation and Hospitals or schedule B retirees.
3. The purpose of this Regulation is to
				  permit retirees who had elected the social security supplemental option at the
				  time of retirement and prior to November 17, 2011, to adjust the effective date
				  of the reduction of the larger benefit before the attainment of age sixty-two
				  (62). This Regulation does not apply to any member retiring on or after
				  November 17, 2011. The adjustment under this Regulation will be actuarially
				  determined to be equivalent to the lifetime service retirement allowance as
				  determined in R.I. Gen. Laws §§
											36-10-10 or
				  45-21-17. Members are precluded
				  from selecting joint and survivor options pursuant to R.I. Gen. Laws §§ 36-1019
				  and 45-21-30.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.17 - Rules for Exceeding the Allowable Monetary Limits at a State College, University or State School and State Operated Facility

Current through June 14, 2024
A.
				  Authority
This Regulation pertaining to post retirement employment is
					 adopted by the Employees' Retirement Board pursuant to the statutory authority
					 found in R.I. Gen. Laws §
											36-8-3.
B. Definitions
"Calendar year" means January through December.
C. Rules for Exceeding the
				  Allowable Monetary Limits at a State College, University or State School and
				  State Operated Facility
The purpose of this Regulation is to ensure consistent
					 application of the Retirement Board laws and Rules governing post retirement
					 employment. Specifically, this Regulation provides the process and procedures
					 for determining when a retiree exceeds the statutory earnings limitations and
					 how the retirees' pension benefit will be affected pursuant to R.I. Gen. Laws
					 §§
											36-10-36(d)(2), (3) and
					 (4), The provisions of §
											1.17(C) of
					 this Part shall be applicable to all retired members of the Employees'
					 Retirement System of Rhode Island and Municipal Employees' Retirement System
					 who retired under the provisions of R.I. Gen. Laws Chapters 36-8 through 36-10,
					 Chapter 16-16 and Chapters 45-21 and 4521.2.
D. Procedure for Suspension of Pension
				  Benefits and Recouping Overpayments
1. Once
				  the retired member reaches the monetary limit provided by law, the retired
				  members' pension benefit shall be suspended in the following manner should they
				  continue employment:
a. The retired member's
				  pension benefit will be suspended for the remainder of the calendar year. Upon
				  notification of termination from employment or the retired member's last day of
				  employment in the calendar year to ERSRI, the retired member's pension benefit
				  will be reinstated.
(1) Example: A retiree
				  accepts a position at a State university for the Spring semester and they and
				  the employer report to ERSRI the following post retirement employment days
				  worked, monthly earnings and last day of employment:
MONTH
EARNINGS
DAYS WORKED
JANUARY
$2,500.00
6
FEBRUARY
$4,500.00
8
MARCH
$3,500.00
7
APRIL
$4,500.00
8
MAY
$2,500.00
6
(2)
				  Last day of employment for spring semester: May
				  15
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.18 - Regulation Regarding Post-Retirement Employment

Current through June 14, 2024
A.
				  Introduction
This Administrative Regulation shall serve as a statement
					 of policy pertaining to the Retirement Board's interpretation of laws related
					 to post-retirement employment, previously affirmed by the Retirement Board at
					 its meeting of January 10, 2001, and is promulgated pursuant to R.I. Gen. Laws
					 §
											36-8-3. This Regulation shall be
					 applicable to all members of the Employees' Retirement System of the State of
					 Rhode Island and the Municipal Employees' Retirement System of the State of
					 Rhode Island who are receiving a pension benefit under the provisions of R.I.
					 Gen. Laws Chapters 36-8 through 36-10, 16-16, or 45-21 and
					 45-21.2.
B. Statement of
				  Policy
1. The Retirement Board has noted the
				  increased prevalence of retired members attempting to circumvent the
				  restrictions on post-retirement employment contained in the Rhode Island
				  General Laws, including R.I. Gen. Laws §§
											36-10-36,
				  16-16-24, and
				  45-21-54, by utilizing the form of
				  a legal business organization, or by becoming employees of private business
				  organizations or entities. At the Retirement Board meeting on January 10, 2001,
				  the Retirement Board voted as follows:
a.
				  VOTED: To accept the recommendation of the Rules and Regulations committee that
				  the intention of the law and the Regulations of the Retirement Board, a person
				  may not do as a corporation, or as an employee of a corporation, what an
				  individual cannot do.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.19 - Retirement Contributions for Teacher Positions

Current through June 14, 2024
A.
				  Contributions to the Retirement System may be made only from compensation as
				  determined by R.I. Gen. Laws §§
										16-16-1 and
				  36-8-1 and this Regulation of the
				  Employees' Retirement System of Rhode Island ("ERSRI").
B. This Regulation hereby references R.I.
				  Gen. Laws §§
										16-16-1 and
				  36-8-1 for applicable
				  definitions.
C. The following types
				  of payments are not subject to pension contributions:
1. Payment received for coaching or other
				  activities or duties extending beyond the school day or year;
2. Payment received for extra days worked
				  before or beyond the school year and not required by contract;
3. Wages for a position that is less than one
				  half (1/2) time;
4. Except as
				  otherwise enumerated in §
											1.19(E) of
				  this Part, stipends for temporary duties, extra duties, for participation in a
				  program occurring before or after the school day or school year, or for
				  participation in a program that is not active for the duration of the entire
				  school year.
5. Any extra or
				  additional payments not specifically approved by the ERSRI in writing are not
				  subject to pension contributions. Requests for approval of extra or additional
				  payments should be forwarded in writing before the start of the school year to
				  the Executive Director of ERSRI.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.21 - Additional Benefits Payable to Retired Teachers

Current through June 14, 2024
A. This
				  Regulation governs the determination of eligibility for R.I. Gen. Laws §
				  1616-40. This Regulation does not apply to any State employee members in the
				  Employees' Retirement System (ERS), members of the Municipal Employees'
				  Retirement System (MERS), or members of the Judicial Retirement Plan (RIJFT and
				  JRBT) or State Police Retirement Plan (SPRBT and NCSTPRFT).
B. "School year" shall be defined as the
				  number of days required by R.I. Gen. Laws §
										16-2-2 that school be in
				  session.
C. For all present and
				  former teachers, active and retired teachers, and beneficiaries receiving any
				  retirement, disability or death allowance or benefit of any kind, the third
				  (3rd) anniversary of the date of retirement for
				  purposes of eligibility for the annual benefit adjustment provided in any
				  calendar year, pursuant to R.I. Gen. Laws §
										16-16-40, for a teacher who is in
				  service until the school in which they are employed closes for the school year,
				  shall be the month the school closes for the school year.
1. Example: A teacher is employed in School
				  District A. The school year in District A begins on September 2 and ends on
				  June 20 (i.e. the number of days required by law to be in session).
				  Accordingly, the schools in District A officially close for the school year on
				  June 20 after all students are dismissed.
a.
				  The teacher, being eligible to retire, terminates their position effective at
				  the close of the school year (in this instance June 20) and is reported on the
				  payroll submitted to ERSRI as such. For purposes of eligibility for the annual
				  benefit adjustment (if and when applicable), the anniversary month of
				  retirement shall be June and consistent with R.I. Gen. Laws §
												16-16-40, shall be payable in
				  July.