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-00-00-1.20 - Membership and Service Credit

Current through June 14, 2024
A. This Regulation
				  governs how membership is determined for job share and part time
				  positions.
B. Definitions
1. "Employee" is defined pursuant to R.I.
				  Gen. Laws §
											36-8-1(9), where
				  applicable, to mean any officer or employee of the State of Rhode Island whose
				  business time is devoted exclusively to the services of the State, but shall
				  not include one whose duties are of a casual or seasonal nature. The Retirement
				  Board shall determine who are employees within the meaning of this Part. The
				  Governor of the State, the Lieutenant Governor, the Secretary of State, the
				  Attorney General, the General Treasurer, and the members of the General
				  Assembly, ex officio, shall not be deemed to be employees within the meaning of
				  that term unless and until they elect to become members of the System as
				  provided in R.I. Gen. Laws § 36-96, but in no case shall it deem as an
				  employee, for the purposes of this Part, any individual who devotes less than
				  twenty (20) business hours per week to the service of the State, and who
				  receives less than the equivalent of minimum wage compensation on an hourly
				  basis for their services, except as provided in R.I. Gen. Laws §
											36-9-24. Any commissioner of a
				  municipal housing authority or any member of a part time State, municipal or
				  local board, commission, committee or other public authority shall not be
				  deemed to be an employee within the meaning of this Part.
a. "Employee" is defined pursuant to R.I.
				  Gen. Laws §
												45-21-2(7), where
				  applicable, to mean any regular and permanent employee or officer of any
				  municipality, whose business time at a minimum of twenty (20) hours a week is
				  devoted to the service of the municipality, including elective officials and
				  officials and employees of city and town housing authorities. Notwithstanding
				  the previous sentence, the term "employee," for the purposes of this Part, does
				  not include any person whose duties are of a casual or seasonal nature. The
				  Retirement Board shall decide who are employees within the meaning of this
				  Part, but in no case shall it deem as an employee any individual who annually
				  devotes less than twenty (20) business hours per week to the service of the
				  municipality and who receives less than the equivalent of minimum wage
				  compensation on an hourly basis for their services, except as provided in R.I.
				  Gen. Laws §
												45-21-14.1. Casual employees mean
				  those persons hired for an occasional period or a period of emergency to
				  perform special jobs or functions not necessarily related to the work of
				  regular employees. Any commissioner of a municipal housing authority, or any
				  member of a part-time State board commission, committee or other authority is
				  not deemed to be an employee within the meaning of this
				  Part.