Chapter 1 Appointment, Qualification, and Tenure of Officers

36-1-1. Inauguration of state officers and general assembly.

The adjutant general is hereby authorized and empowered, with the advice and approval of the governor elect, to make all proper and suitable arrangements for the inauguration of the governor and other state officers and the general assembly on the first Tuesday of January in each year in which the inauguration occurs. The general assembly shall biennially appropriate such sums as it may deem necessary, out of any money in the treasury not otherwise appropriated, for the purpose of carrying out the provisions of this section, which amount shall cover the entire expense incurred on that occasion. The state controller is hereby authorized and directed to draw his or her order on the general treasurer for the inauguration expenses on the representation of vouchers duly audited by the adjutant general and approved by the governor.

History of Section. P.L. 1911, ch. 730, §§ 1, 2; G.L. 1923, ch. 416, § 31; P.L. 1935, ch. 2550, § 149; P.L. 1975, ch. 261, § 1.

36-1-2. Engagement of office.

Every person, except the justices of the supreme and superior courts, elected to office by the general assembly, or by either house thereof, or under the provisions of the law in relation to public schools, or appointed to office, civil or military, by the governor, or by any other appointing authority, to a state board, agency or commission, shall, before he or she shall act therein, take the following engagement before some person authorized to administer oaths, namely: I, [naming the person], do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of the office of [naming the office] according to the best of my abilities, and that I will support the Constitution and laws of this state, and the Constitution of the United States, so help me God: [Or: This affirmation I make and give upon the peril of the penalty of perjury.]

History of Section. G.L. 1896, ch. 25, § 5; C.P.A. 1905, § 1218; G.L. 1909, ch. 31, § 5; G.L. 1923, ch. 31, § 5; G.L. 1938, ch. 490, § 5; G.L. 1956, § 36-1-2 ; P.L. 2009, ch. 115, § 1; P.L. 2009, ch. 156, § 1.

Cross References.

Administration of oaths to general officers, R.I. Const., art. 9, § 5 .

Assistant attorneys-general, oaths of, § 42-9-9 .

Board of elections members, oath, § 17-7-4 .

Canvassing authorities, oaths of members, § 17-8-4 .

Commissioner, oath of office, § 42-31-2 .

Constitutional provisions for oaths, R.I. Const., art. 9, §§ 3 , 4.

General assembly members, engagement, § 22-3-8 .

General officers, oaths, R.I. Const., art. 9, § 3 .

Judges, engagement of office, § 8-3-1 .

Town officers, election and qualification, § 45-4-1 et seq.

Comparative Legislation.

Oaths of office:

Conn. Gen. Stat. § 1-22 et seq.

Mass. Ann. Laws ch. 30, §§ 11, 12.

Collateral References.

Employee or officer, status of person as, as affected by oath of office. 53 A.L.R. 595, 93 A.L.R. 333, 140 A.L.R. 1076.

Reconsideration of appointment to office after appointee has taken oath. 89 A.L.R. 158.

Time of taking oath of office, constitutional, statutory, or charter provisions as to, as mandatory or directory. 158 A.L.R. 639.

Validity of governmental requirement of oath of allegiance or loyalty. 18 A.L.R.2d 268.

36-1-2.1. Transition of general officers.

All newly elected general officers of the state, prior to their engagement of office, shall be entitled to the following in regard to their assumption of state duties:

  1. Space being made available for the use of a transition staff;
  2. Adequate funds shall be provided by the outgoing general officer from the budget of that department for use to hire transition staff, obtain office supplies, and equipment;
  3. Access to the facilities of the office to which they have been elected at all reasonable regular business hours for purposes of inspections, and at after hour times, as requested, for all reasonable purposes;
  4. The cooperation of the outgoing administration, regarding consultation, budget information, personnel files, and information of personnel procedure, together with cooperation regarding any other reasonable request of the incoming administration; and
  5. A mandatory audit of all money and inventory of all property within the office, to be conducted by the department of administration.

History of Section. P.L. 1991, ch. 267, § 1.

36-1-3. Issuance of commissions.

A commission shall issue to every person elected to office by the general assembly, to every justice of the peace elected by any town council, to the clerk and each deputy clerk of the Rhode Island district court, and to every person appointed to office by the governor and to every person appointed to office by the governor and to every person appointed to a state board, agency, or commission by any appointing authority.

History of Section. G.L. 1896, ch. 25, § 6; G.L. 1909, ch. 31, § 6; G.L. 1923, ch. 31, § 6; G.L. 1938, ch. 490, § 6; G.L. 1956, § 36-1-3 ; P.L. 1970, ch. 54, § 1; P.L. 2009, ch. 115, § 1; P.L. 2009, ch. 156, § 1.

Cross References.

Bonds executed before commissions issued, § 42-8-5 .

Constitutional provision, R.I. Const., art. 9, § 8 .

Duties of secretary of state, § 42-8-1 .

NOTES TO DECISIONS

Appointed Agents or Commissioners.

Agents or commissioners appointed by the governor to examine and report alleged abuses by the board of state charities and corrections would not be officers within the meaning of this section. In re Investigating Comm'n, 16 R.I. 751 , 11 A. 429, 1887 R.I. LEXIS 75 (1887).

36-1-4. Delivery of certificate of engagement to secretary of state.

Every person so elected or appointed to office shall, within thirty (30) days after the date of his or her commission, deliver to the secretary of state a certificate that he or she has been duly engaged thereon, signed by the person before whom the engagement shall have been taken.

History of Section. G.L. 1896, ch. 25, § 7; G.L. 1909, ch. 31, § 7; G.L. 1923, ch. 31, § 7; G.L. 1938, ch. 490, § 7; G.L. 1956, § 36-1-4 .

Cross References.

Time for delivery of certificate when member of generally assembly elected, § 36-1-13 .

36-1-5. Certificate of election of United States senators.

The governor shall give a certificate of the election of senators from this state, under the seal of the state, to the president of the senate of the United States, which certificate shall be countersigned by the secretary of state.

History of Section. G.L. 1896, ch. 24, § 4; G.L. 1909, ch. 30, § 4; G.L. 1923, ch. 30, § 1; G.L. 1938, ch. 489, § 1; G.L. 1956, § 36-1-5 .

36-1-6. Tenure of officers appointed by governor.

  1. All persons appointed by the governor, or appointed by the governor with the advice and consent of the senate, shall severally continue in and hold their respective offices for and during the term for which they were severally appointed and until their respective successors are qualified to act, unless sooner removed in accordance with law.
  2. Except as otherwise expressly provided by law, no person appointed to any office or position subject to the advice and consent of the senate shall assume such office or position or exercise any of the powers of such office or position until the senate shall have given its advice and consent to such appointment. In no case shall the governor appoint or designate any person to serve on an “interim” or “acting” basis in circumvention of this section.

History of Section. G.L. 1896, ch. 25, § 1; G.L. 1909, ch. 31, § 1; G.L. 1923, ch. 31, § 1; G.L. 1938, ch. 490, § 1; G.L. 1956, § 36-1-6 ; P.L. 2004, ch. 590, § 1.

Cross References.

Tenure unaffected by enactment of general laws, § 43-4-10 .

NOTES TO DECISIONS

Sheriff’s Powers Not Affected.

This section did not take away any power which a sheriff would have independent thereof, so that a deputy sheriff was entitled to hold goods and chattels upon which he had levied, even after the sheriff’s successor had qualified. Doliver v. Collingwood, 15 R.I. 510 , 8 A. 711, 1887 R.I. LEXIS 26 (1887).

Collateral References.

Employee or officer, status of person as, as affected by tenure of office. 53 A.L.R. 606, 93 A.L.R. 333, 140 A.L.R. 1076.

36-1-7. Removal of officers appointed with advice and consent of senate.

Notwithstanding any other provisions of law in relation to the tenure of their office, any officer appointed by the governor with the advice and consent of the senate may be removed either by the governor, with the advice and consent of the senate, or as otherwise specifically provided by law.

History of Section. P.L. 1901, ch. 809, § 64; G.L. 1909, ch. 30, § 12; G.L. 1923, ch. 30, § 10; G.L. 1938, ch. 489, § 7; G.L. 1956, § 36-1-7 .

Cross References.

Impeachment of officers, R.I. Const., art. 11 .

Collateral References.

Implied power of appointing authorities to remove officer whose tenure is not prescribed by law, but who has been appointed for definite term. 91 A.L.R. 1097.

Power to remove public officer without notice and hearing. 99 A.L.R. 341.

What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office. 10 A.L.R.5th 139.

36-1-8. Tenure of officers elected by general assembly.

All persons who have been or may hereafter be legally elected to any office by the general assembly shall severally continue in and hold their respective offices for and during the term for which they were severally elected and until their respective successors are elected and qualified to act.

History of Section. G.L. 1896, ch. 25, § 2; G.L. 1909, ch. 31, § 2; G.L. 1923, ch. 31, § 2; G.L. 1938, ch. 490, § 2; G.L. 1956, § 36-1-8 .

Cross References.

Tenure unaffected by enactment of general laws, § 43-4-10 .

36-1-9. Vacancies in general state offices.

In case of a vacancy in the office of secretary of state, attorney general, or general treasurer occurring when the general assembly is not in session, the governor shall appoint some person to fill the vacancy until a successor elected by the general assembly is qualified to act; and in that case, as also whenever a vacancy shall occur in either of those offices during a session of the general assembly, the vacancy shall be filled by the general assembly in grand committee.

History of Section. G.L. 1896, ch. 24, § 5; G.L. 1909, ch. 30, § 5; G.L. 1923, ch. 30, § 2; G.L. 1938, ch. 489, § 2; G.L. 1956, § 36-1-9 .

36-1-10. Vacancies in offices filled by governor or grand committee.

Whenever any officer elected by the grand committee or appointed by the governor, with the advice and consent of the senate, shall die or shall resign his or her office during a session of the general assembly to take effect immediately or at some later date, before the next meeting of the general assembly or whenever during the session of the general assembly there shall occur from any cause a vacancy in that office, the vacancy then occurring or which shall occur upon the taking effect of that resignation may be filled at that session for the unexpired term of that office in the manner provided by law for the election or appointment of that officer for a full term.

History of Section. P.L. 1905, ch. 1248, § 1; P.L. 1907, ch. 1430, § 1; G.L. 1909, ch. 30, § 9; G.L. 1923, ch. 30, § 7; G.L. 1938, ch. 489, § 5; G.L. 1956, § 36-1-10 .

Cross References.

Filling of vacancies by governor, R.I. Const., art. 9, § 5 .

NOTES TO DECISIONS

Clerk Pro Tempore.

Where person was appointed clerk pro tempore of superior court to fill vacancy under § 8-4-12 , governor had no authority to appoint another person to the position since a vacancy no longer existed. Casey v. Willey, 89 R.I. 87 , 151 A.2d 369, 1959 R.I. LEXIS 52 (1959).

Collateral References.

Military service, induction or voluntary enlistment for as creating vacancy in public office or employment. 143 A.L.R. 1470, 147 A.L.R. 1427, 148 A.L.R. 1400, 150 A.L.R. 1447, 151 A.L.R. 1462, 152 A.L.R. 1459, 154 A.L.R. 1456, 156 A.L.R. 1457, 157 A.L.R. 1456.

Reconsideration of appointment to fill vacancy. 89 A.L.R. 141.

Vacancy in public office within constitutional or statutory provisions for filling, where incumbent appointed or elected for fixed term and until successor is appointed or elected, is holding over. 164 A.L.R. 1248.

36-1-11. Power of senate to act on nominations.

Whenever at the January session of the general assembly, or otherwise, the governor is required by law to fill vacancies in or make any appointments to office, and which appointments by law require the advice and consent of the senate, the senate may give its advice and consent or refuse to give its advice and consent, but the senate shall not elect or appoint any person to any vacant office.

History of Section. P.L. 1901, ch. 809, § 63; G.L. 1909, ch. 30, § 11; G.L. 1923, ch. 30, § 9; P.L. 1935, ch. 2220, § 1; G.L. 1938, ch. 489, § 6; G.L. 1956, § 36-1-11 .

NOTES TO DECISIONS

Constitutionality.

P.L. 1901, ch. 809, §§ 62 and 63, did not violate the state constitution. In re Decision of Justices, 28 R.I. 607 , 69 A. 555, 1908 R.I. LEXIS 102 (1908).

Effect of Former Law.

The effect of former law was to require certain officers to be appointed by agreement between the governor and the senate, and in event of disagreement, by the senate. In re Decision of Justices, 28 R.I. 607 , 69 A. 555, 1908 R.I. LEXIS 102 (1908).

36-1-12. Time allowed for senate action on nominations — Disapproval — Withdrawal.

Whenever the senate shall have been in session for sixty (60) legislative days after notice of the making of appointments by the governor and shall not have disapproved the appointments or shall have failed to act thereon, the appointment by the governor shall stand as confirmed. If the senate shall within the sixty (60) legislative days vote to disapprove the appointment, it forthwith shall notify the governor who, within seven (7) legislative days after notice, shall again make the appointments as desired and notify the senate thereof and so on in like manner until the senate shall approve or fail to act upon or to disapprove in sixty (60) legislative days, as aforesaid, of the governor’s appointments. The governor may withdraw any appointment of which he or she has given notice to the senate at any time within sixty (60) legislative days thereafter and before action has been taken thereon by the senate.

History of Section. G.L. 1923, ch. 30, § 9; P.L. 1935, ch. 2220, § 1; G.L. 1938, ch. 489, § 6; G.L. 1956, § 36-1-12 ; P.L. 1975, ch. 10, § 1; P.L. 1997, ch. 254, § 1; P.L. 1998, ch. 326, § 1; P.L. 2004, ch. 590, § 1.

36-1-13. Member of general assembly elected or appointed to office — Time for qualification.

Notwithstanding the provisions of § 36-1-4 , or of any other statute thereunto appertaining, a person who, while a member of the general assembly, is elected to office by the general assembly, or by either house thereof, or appointed to office by the governor, shall, within thirty (30) days after the date of his or her commission or within ten (10) days subsequent to the election and qualification of his or her successor as a member of the general assembly, whichever shall occur later, deliver to the secretary of state a certificate that he or she has been duly engaged thereon, signed by the person or persons before whom the engagement shall have been taken.

History of Section. P.L. 1958, ch. 93, § 2; P.L. 1964, ch. 23, § 2.

NOTES TO DECISIONS

State Senator Appointed as Clerk of Supreme Court.

A state senator appointed to the office of clerk of the Supreme Court is not by this section barred from assuming that office until ten days after his successor as state senator is elected and qualified, but merely has until such time to file the certificate of his appointment with the secretary of state. McCabe v. Kane, 101 R.I. 119 , 221 A.2d 103, 1966 R.I. LEXIS 362 (1966).

Chapter 2 Power of Officers to Administer Oaths

36-2-1. Officers with statewide power.

The following persons may administer oaths anywhere within the state: the governor, lieutenant governor, secretary of state, attorney general, assistant attorneys general, general treasurer, active and retired justices of the supreme, superior, family, and district courts, each member of the general assembly after he or she has filed his or her signature with the secretary of state, commissioners appointed by other states to take acknowledgments of deeds and depositions within this state, and notaries public.

History of Section. G.L. 1896, ch. 25, § 9; C.P.A. 1905, § 1218; G.L. 1909, ch. 31, § 8; G.L. 1923, ch. 31, § 8; G.L. 1938, ch. 491, § 1; P.L. 1945, ch. 1591, § 1; G.L. 1956, § 36-2-1 ; P.L. 1969, ch. 239, § 40; P.L. 1979, ch. 241, § 1.

Cross References.

Commissioners, § 42-31-3 .

Military officers, § 30-13-122 .

Power of certain district court clerks to administer oaths within the state, § 8-8-15 .

Comparative Legislation.

Power to administer oaths:

Conn. Gen. Stat. § 1-24.

Collateral References.

Disqualification of official empowered to administer oaths, where he is attorney for person taking oath. 21 A.L.R.3d 843.

36-2-2. Officers with power in county or town.

The following persons may administer oaths within the respective counties and towns for which they may be elected or appointed to office: clerks of courts, justices of the peace, mayors of cities, judges of probate, presidents of town councils, or persons acting as such, town clerks, and town wardens.

History of Section. G.L. 1896, ch. 25, § 10; G.L. 1909, ch. 31, § 9; G.L. 1923, ch. 31, § 9; G.L. 1938, ch. 491, § 2; P.L. 1941, ch. 1010, § 2; P.L. 1945, ch. 1591, § 2; G.L. 1956, § 36-2-2 ; P.L. 1969, ch. 239, § 40.

Cross References.

Power of certain district court clerks to administer oaths within the state, § 8-8-15 .

NOTES TO DECISIONS

City Manager.

By virtue of the powers granted to the city manager in the Home Rule Charter of East Providence city, he is in fact the functional equivalent of a city mayor for the purposes of this section. State v. Cook, 437 A.2d 1360, 1981 R.I. LEXIS 1406 (R.I. 1981).

Justice of Peace.

Affidavit sworn to before justice of peace was admissible in evidence without proof that the justice was appointed or commissioned to the office whose function he exercised. Ingraham v. United States, 155 U.S. 434, 15 S. Ct. 148, 39 L. Ed. 213, 1894 U.S. LEXIS 2289 (1894).

36-2-3. Power in connection with duties of office.

The following persons may administer oath in relation to all matters connected with, or in administering the duties of, their respective offices: the director of each state department, forepersons of grand juries, members of committees of either house of the general assembly or of joint committees thereof, chairpersons of committees of either board of a city council or of joint committees thereof, members of town councils, auditors, referees, masters in chancery, commissioners on insolvent estates, the bank commissioner, the insurance commissioner, the securities commissioner, the tax administrator, the public utilities administrator, assessors of taxes, and other officers as may be authorized by the acts creating their respective offices to administer oaths.

History of Section. G.L. 1896, ch. 25, § 11; G.L. 1909, ch. 31, § 10; G.L. 1923, ch. 31, § 10; G.L. 1938, ch. 491, § 3; P.L. 1939, ch. 715, § 5; G.L. 1956, § 36-2-3 .

Cross References.

Department heads, § 42-20-10 .

Division of motor vehicles, employees, § 31-2-8 .

Town council members, § 45-5-13 .

NOTES TO DECISIONS

Commission Created Under § 40-8-11 .

A commission created under § 40-8-11 was not a court because its members were not required to take an oath, and it was not authorized to administer oaths to witnesses nor to render any judgment but only to report to the court or justice whether or not the complaint is well founded. Church v. South Kingstown, 22 R.I. 381 , 48 A. 3, 1901 R.I. LEXIS 15 (1901).

36-2-4. Fees for acknowledgments and engagements.

To all officers empowered to take acknowledgments of deeds and administer oaths of engagement to office, there shall be allowed:

  1. For taking acknowledgment of one or more parties to any instrument at one time $ .50 (2) For engaging every officer .25

Click to view

History of Section. G.L. 1896, ch. 295, § 5; G.L. 1909, ch. 364, § 5; G.L. 1923, ch. 417, § 5; G.L. 1938, ch. 633, § 5; G.L. 1956, § 36-2-4 .

Chapter 3 Division of Personnel Administration

36-3-1. Short title.

Chapters 3 and 4 of this title shall be known and may be cited as the “State Merit System Act.”

History of Section. P.L. 1952, ch. 2975, § 2; G.L. 1956, § 36-3-1 .

Comparative Legislation.

Personnel system:

Conn. Gen. Stat. § 5-193 et seq.

Mass. Ann. Laws ch. 31, § 1 et seq.

36-3-2. Purpose of chapters 3 and 4 of this title.

  1. Whereas the legislature in the January 1951 session established a department of administration and in article II thereof created a “merit system of personnel administration” and a division of personnel administration within the department, it is apparent the intent was to establish an organization which would be more effective in securing qualified personnel for the classified service of the state than had been the case under the civil service department as created in chapter 661 of the Public Laws of 1939. To further clarify that intent and to provide for its accomplishment, there is proposed a restatement of chapter 661 and certain amendments thereto with proposed changes which will provide the authority necessary to attain the desired objectives.
  2. The purpose of this chapter and chapter 4 of this title is to guarantee to all citizens a fair and reasonable opportunity for public service, to establish conditions of service which will attract officers and employees of character and capacity, and to increase the efficiency of the governmental departments and agencies by the improvement of methods of personnel administration.

History of Section. P.L. 1939, ch. 661, § 1; P.L. 1952, ch. 2975, Preamble, § 1; G.L. 1956, § 36-3-2 .

NOTES TO DECISIONS

Nature of Chapter.

The use of the word “guarantee” in this section does not indicate a legislative intent to establish a contractual relationship between the state and persons used as temporary employees in the classified service pursuant to the provisons of § 36-4-31 as that section read before enactment of P.L. 1961, ch. 29 amending the section. Rounds v. Parshley, 94 R.I. 99 , 178 A.2d 444, 1962 R.I. LEXIS 38 (1962).

Summary Dismissal.

This statute cannot be construed as authorizing summary dismissal of a classified employee even though the employee has not attained a permanent status. Aniello v. Marcello, 91 R.I. 198 , 162 A.2d 270, 1960 R.I. LEXIS 75 (1960).

36-3-3. Definitions.

The following terms, when used in this chapter and chapter 4 of this title, shall have the following meanings unless the context clearly requires otherwise:

  1. “Appointing authority” means the person or group of persons having the power by virtue of the constitution, a state statute, or lawfully delegated authority to make appointments.
  2. “Appropriate list” means any employment list, promotion list, or employment list which is declared appropriate by the personnel administrator for purposes of certification and appointment.
  3. “Classified employee” means any person holding a position in the classified service.
  4. “Classified service” means all offices and positions of trust or employment in the state service except those placed in the unclassified service by chapter 4 of this title or any other legislation.
  5. “Department” means the department of administration.
  6. “Director” means the director of the department of administration.
  7. “Disabled veteran” means any war veteran who is an examinee and who is certified by the veterans administration to be physically disabled, as a result of a service connected disability, with a disability rating of zero percent (0%) or more.
  8. “Division” means the division of personnel administration.
  9. “Employee” means any person holding a position subject to appointment by an appointing authority.
  10. “Employment list” means a list of names of persons arranged in the order of their ratings who have been found qualified through suitable tests, and who are entitled to have their names certified to appointing authorities for original appointment under the provisions of chapter 4 of this title and rules.
  11. “Personnel administration” means the legal framework of the state government personnel system, i.e., statutes, rules, and policies.
  12. “Personnel administrator” means the head of the division.
  13. “Personnel management” means the powers and duties of the personnel administrator as set forth in this chapter and chapter 4 of this title.
  14. “Position” means any office or place of employment in the state service.
  15. “Promotion list” means a list of names of classified employees arranged in order of their ratings, who have been found qualified through suitable tests for promotion to positions in other classes under the provisions of chapter 4 of this title and rules.
  16. “Provisional status” means:
    1. the status of an appointee who has completed one year of service in a position for which no suitable list has been established; or
    2. the status of an appointee on leave from a position in which he or she holds permanent status to accept a higher position for which no suitable list has been established.
  17. “Public hearing” means an opportunity given after public notice of at least five (5) calendar days for any citizen or party to appear and be heard on the matter involved.
  18. “Reemployment list” means a list of names of persons who have occupied positions in the classified service, who have been separated from a position in the classified service, and who are entitled to have their names certified to appointing authorities under the provisions of chapter 4 of this title and rules.
  19. “State service” means all offices and positions of trust or employment in the service of the state.
  20. “Temporary status” means the status of an appointee who has not acquired provisional, probationary, or permanent status in the position held.
  21. “War veteran” or “veteran” means any person, male or female, who was employed as an officer, member of the enlisted personnel or otherwise in the active military or naval service of the United States or of any auxiliary unit of the military or naval service, except civilian employees, during the Spanish American War, the Philippine Insurrection, the China Relief Expedition or at some time during the period between April 6, 1917, and November 11, 1918, or the period between December 7, 1941, and December 31, 1946, or who was engaged in the active conduct of and/or fighting in the Korean campaign (active conduct of and/or fighting in the Korean Campaign, shall mean service by any man or woman of the armed forces of the United States between June 27, 1950, and January 31, 1955), or the conflict in Vietnam (active conduct of and/or fighting in the conflict in Vietnam shall mean service by any man or woman of the armed forces of the United States between August 5, 1964, and May 7, 1975), and who served for at least six (6) months and one day; provided, however, that the definition shall not include any person who has been separated from employment of service, except through honorable discharge, if the reason for the separation shall be deemed by the personnel administrator to be sufficient cause to deny inclusion.

History of Section. P.L. 1939, ch. 661, § 3; P.L. 1943, ch. 1307, § 1; P.L. 1952, ch. 2975, § 3; P.L. 1953, ch. 3178, § 1; G.L. 1956, § 36-3-3 ; P.L. 1962, ch. 197, § 1; P.L. 1966, ch. 31, § 1; P.L. 1979, ch. 271, § 1; P.L. 1981, ch. 335, § 1; P.L. 1985, ch. 181, art. 22, § 1; P.L. 1988, ch. 346, § 1; P.L. 1989, ch. 542, § 87.

36-3-4. Division established — Administrator.

There is hereby established within the department of administration a division of personnel administration. The head of this division shall be known as the personnel administrator who shall be in the classified service and whose salary shall be established in accordance with the terms of the pay plan for classified employees.

History of Section. P.L. 1951, ch. 2727, art. 2, § 1; P.L. 1952, ch. 2975, § 4; G.L. 1956, § 36-3-4 .

36-3-5. Powers and duties of the administrator.

In addition to the duties imposed upon the personnel administrator elsewhere in the law and the personnel rules, it shall be the duty of the personnel administrator:

  1. As executive head of the division of personnel administration, to direct, supervise, develop, and authorize all personnel-related administrative and technical activities including personnel administration and personnel management.
  2. To prepare and recommend to the director of administration those rules as are deemed necessary to carry out the provisions of the law.
  3. To supervise the operation of the classification plan and to recommend to the director amendments and additions thereto.
  4. To supervise the operation of the pay plan and to recommend to the director amendments and additions thereto.
  5. To establish and supervise the maintenance of employment lists, promotion lists, and reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for compliance with the statutes and policies, and make available to state agencies qualified candidates as vacancies occur; direct and supervise equal opportunity programs; manage employee benefit plans, including the coordination of health insurance, prescription/vision care, group life insurance, dental care, prepaid legal services, deferred compensation and cancer programs, and any other programs established by the legislature related to employee benefits; and to manage career awards programs and state and local enforcement firefighters incentive training programs.
  6. To perform any other lawful act which he or she may consider necessary or desirable to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules and to conduct innovative demonstration projects to improve state personnel management.
  7. To facilitate and/or coordinate state and national background checks for applicants and/or employees in state positions with access to federal tax information, as defined in § 36-3-16(a)(6) .
  8. The personnel administrator is authorized and empowered to revise state job descriptions to ensure the use of appropriate disability language as required by § 43-3-7.1 .

History of Section. P.L. 1939, ch. 661, § 6; P.L. 1952, ch. 2975, § 5; G.L. 1956, § 36-3-5 ; P.L. 1981, ch. 335, § 1; P.L. 1985, ch. 181, art. 22, § 1; P.L. 2019, ch. 40, § 2; P.L. 2019, ch. 53, § 2; P.L. 2019, ch. 88, art. 3, § 5; P.L. 2020, ch. 79, art. 2, § 18.

Compiler’s Notes.

This section was amended by three acts (P.L. 2019, ch. 40, § 2; P.L. 2019, ch. 53, § 2; P.L. 2019, ch. 88, art. 3, § 5) passed by the 2019 General Assembly. Subsection (7) as set out above was enacted only by P.L. 2019, ch. 88, art. 3, § 5, and subsection (8) as set out above was enacted only by P.L. 2019, ch. 40, § 2 and P.L. 2019, ch. 53, § 2.

P.L. 2019, ch. 40, § 2, and P.L. 2019, ch. 53, § 2 enacted identical amendments to this section.

Effective Dates.

P.L. 2019, ch. 40, § 5, provides that the amendment to this section by that act takes effect on January 1, 2020.

P.L. 2019, ch. 53, § 5, provides that the amendment to this section by that act takes effect on January 1, 2020.

P.L. 2019, ch. 88, art. 3, § 13, provides that the amendment to this section by that act takes effect on September 1, 2019.

36-3-6. Personnel appeal board — Appointment and terms of members.

There is hereby established a personnel appeal board to consist of five (5) qualified electors who shall be known to be in sympathy with the application of modern personnel practices, under a merit system of personnel administration, in the public service and not more than three (3) of whom shall be members of the same political party. In the month of March in each odd numbered year, the governor, with the consent of the senate, shall appoint members of the personnel appeal board to succeed the members whose term will next expire. Each member of the board so appointed shall hold office until the first day of April in the sixth year following his or her appointment and until his or her successor is appointed and qualified. A vacancy, whatever the circumstances of its creation, shall be filled by appointment of the governor with the consent of the senate within sixty (60) days and only for the unexpired portion of the term.

History of Section. P.L. 1951, ch. 2727, art. 2, § 2; P.L. 1952, ch. 2975, § 6; G.L. 1956, § 36-3-6 ; P.L. 1986, ch. 434, § 1.

NOTES TO DECISIONS

In General.

Both the Personnel Appeal Board and the Commission for Human Rights are quasi-judicial agencies of the state. Department of Corrections v. Tucker, 657 A.2d 546, 1995 R.I. LEXIS 108 (R.I. 1995).

36-3-7. Appointment of minority members of board.

The governor shall submit the name of the two (2) members of the board whom he or she desires to appoint and who are not of the same political party as the governor to the chairperson of the state central committee of the party of which that person is a member for the approval of the chairperson. If the chairperson shall disapprove the names submitted to him or her, the governor shall submit another name, and so on in like manner until approval is obtained; provided, however, that if no disapproval is made within five (5) days from the submission of a name by the governor, the name of the person to be appointed shall be deemed to have been approved. Thereafter, if an appointment is to be made to the board of a member who is not of the same political party as the governor, the appointment shall be made as above provided.

History of Section. P.L. 1951, ch. 2727, art. 2, § 2; P.L. 1952, ch. 2975, § 6; G.L. 1956, § 36-3-7 ; P.L. 1986, ch. 434, § 1.

36-3-8. Organization and meetings of board — Compensation of members.

The board shall elect one of its members chairperson. Each member shall take the oath of office before entering upon the duties of the office. Members of the board shall be reimbursed for necessary travel and other expenses and each member of the board shall be paid an annual salary of seven thousand two hundred dollars ($7,200). The board shall meet at times and places as shall be specified by call of the chairperson or the governor. Notice of each meeting shall be given in writing to each member. Three (3) members shall constitute a quorum for the transaction of business.

History of Section. P.L. 1951, ch. 2727, art. 2, § 2; P.L. 1952, ch. 2975, § 6; G.L. 1956, § 36-3-8 ; P.L. 1978, ch. 394, § 1; P.L. 1986, ch. 434, § 1.

36-3-9. Removal of board members.

A member of the board shall be removable by the governor for cause after being given a copy of charges against him or her and an opportunity to be heard publicly on the charge before the governor. A copy of the charges and a transcript of the board shall be filed with the secretary of state.

History of Section. P.L. 1951, ch. 2727, art. 2, § 2; P.L. 1952, ch. 2975, § 6; G.L. 1956, § 36-3-9 .

Cross References.

Running for elective office by member of board, penalty, §§ 36-4-51 , 36-4-56 .

Solicitation of political contributions, penalty, §§ 36-4-53 , 36-4-56 .

36-3-10. Appeals to appeal board.

  1. The personnel appeal board shall hear appeals:
    1. By any person with provisional, probationary, or permanent status in a position in the classified service aggrieved by an action of the administrator of adjudication for the department of administration on matters of personnel administration.
    2. By any person with provisional, probationary, or permanent status in a position in the classified service who has been discharged, demoted, suspended, or laid off by any appointing authority.
    3. By any person who holds the belief that he or she has been discriminated against because of his or her race, sex, age, disability, or his or her political or religious beliefs in any personnel action.
    4. By any person who by the personnel policy of the state of Rhode Island or by contractual agreement with the state of Rhode Island is vested with the right of appeal to the board.
  2. Appeals shall be taken in accordance with the provisions of this chapter and chapter 4 of this title of the personnel rules provided, however, that the personnel appeal board may dismiss the appeal of a person who has already appealed or seeks to appeal the same matter under provisions of a contractual agreement or other law or regulation.

History of Section. P.L. 1951, ch. 2727, art. 2, § 3; P.L. 1952, ch. 2975, § 7; G.L. 1956, § 36-3-10 ; P.L. 1961, ch. 29, § 1; P.L. 1962, ch. 197, § 2; P.L. 1977, ch. 65, § 1; P.L. 1980, ch. 188, § 2; P.L. 1981, ch. 146, § 1; P.L. 1987, ch. 212, § 2; P.L. 1992, ch. 212, § 1; P.L. 1997, ch. 150, § 9.

Cross References.

Appointing authority, appeal from, § 36-4-42 .

Director, appeal from, § 36-4-41 .

NOTES TO DECISIONS

Constitutionality.

The amendment by P.L. 1961, ch. 29 to § 36-4-42 which limited the right of appeal to persons only having probationary or permanent status in the classified service was not unconstitutional. Rounds v. Parshley, 94 R.I. 99 , 178 A.2d 444, 1962 R.I. LEXIS 38 (1962).

The procedures for review of the dismissal of a state employee “for the good of the service” satisfy the requirements of due process. Guarino v. Department of Social Welfare, 122 R.I. 583 , 410 A.2d 425, 1980 R.I. LEXIS 1424 (1980).

Authority.

The personnel appeal board has statutory jurisdiction to hear appeals brought by state employees from adverse employment actions, but it does not possess the authority to determine an employee’s eligibility for state pension benefits; this belongs to the state retirement board. Perrotti v. Solomon, 657 A.2d 1045, 1995 R.I. LEXIS 123 (R.I. 1995).

Persons Entitled to Appeal.

The personnel appeal board has authority to hear and decide an appeal of a temporary employee who is in the classified service. Aniello v. Marcello, 91 R.I. 198 , 162 A.2d 270, 1960 R.I. LEXIS 75 (1960) (decision prior to 1961 amendment).

If a suspended or dismissed unclassified employee alleges that he or she was discriminated against because of race, sex, age, physical handicap or political or religious beliefs, the employee is entitled to have that action reviewed by the personnel appeal board; however, it was the legislative intent that unclassified employees serve at the pleasure of their appointing authority absent an allegation of discrimination such that their suspension or dismissal cannot be construed as a “contested case” within the meaning of § 42-35-1 . Lynch v. Gontarz, 120 R.I. 149 , 386 A.2d 184, 1978 R.I. LEXIS 650 (1978).

A nonclassified state employee may not appeal his termination of employment to the appeal board. Rhode Island Bd. of Governors for Higher Educ. v. Newman, 688 A.2d 1300, 1997 R.I. LEXIS 103 (R.I. 1997).

36-3-10.1. Powers of subpoena.

The appeal board is hereby authorized to require the attendance of witnesses by subpoena and to acquire the production of books, papers, and documents at any hearing pursuant to § 36-3-10 .

History of Section. P.L. 1974, ch. 139, § 1.

36-3-11. Statutory references to previous agencies and officials.

  1. Wherever in any general or public law the words “civil service commission” appear or are implied, there shall be substituted therefor the words “director of administration”, except that wherever the words “civil service commission” appear in relation to the rights of any person to appeal against an action of an appointing authority resulting in a dismissal, demotion, discrimination because of race, sex, age, disability, or political or religious beliefs, suspension or layoff, the words “personnel appeal board” shall be substituted.
  2. Wherever in any general or public law the words “director of civil service” appear or are implied there shall be substituted therefor the words, “personnel administrator”.

History of Section. P.L. 1951, ch. 2727, art. 2, § 4; P.L. 1952, ch. 2975, § 8; G.L. 1956, § 36-3-11 ; P.L. 1977, ch. 65, § 1; P.L. 1992, ch. 212, § 1; P.L. 1997, ch. 150, § 9.

36-3-12. Services to cities and towns.

The services and facilities of the personnel division and its staff shall be available upon request, subject to personnel rules prescribed therefor, to the cities and towns of the state. In making its services and facilities available, it shall be understood that requirements for the enforcement and administration of the provisions of this chapter and chapter 4 of this title shall be given precedence and that the local governmental subdivisions shall reimburse the state for the reasonable cost of the service and facilities.

History of Section. P.L. 1939, ch. 661, § 24; P.L. 1952, ch. 2975, § 27; G.L. 1956, § 36-3-12 .

36-3-13. Cooperation with agencies of other jurisdictions.

The personnel administrator may enter into arrangements with personnel agencies in other jurisdictions for the purpose of exchanging services and effecting transfers of employees.

History of Section. P.L. 1939, ch. 661, § 24; P.L. 1952, ch. 2975, § 27; G.L. 1956, § 36-3-13 .

36-3-14. Facilities for division.

The division shall be provided by the director with the necessary funds and employees to enable the division to examine temporary employees within the time prescribed by law and with suitable offices, examination rooms, and accommodations for itself and staff in the city of Providence, and in localities throughout the state as may be required to suit the public convenience and carry on the work of the division. It shall be the duty of the officers of the state, or any political subdivisions thereof, at any place where examinations or hearings are directed to be held by the personnel administrator to allow the reasonable use of public buildings and rooms and to furnish the buildings and rooms with heat and light for holding hearings and examinations and in all proper ways to facilitate the work of the division in carrying out the provisions of this chapter and chapter 4 of this title.

History of Section. P.L. 1939, ch. 661, § 26; P.L. 1952, ch. 2975, § 28; G.L. 1956, § 36-3-14 ; P.L. 1962, ch. 197, § 2.

36-3-15. Legal assistance to division.

The attorney general shall advise and assist the division and shall prosecute violations of all laws relating to the division.

History of Section. P.L. 1939, ch. 661, § 26; P.L. 1952, ch. 2975, § 28; G.L. 1956, § 36-3-15 .

36-3-16. Authority to conduct state and national background checks for applicants and employees in state positions with access to federal tax information.

  1. Definitions.  As used in this section, the following terms are hereby defined as follows:
    1. “Access,” shall mean the direct use, contact, handling or viewing of federal tax information, as defined herein, in paper or electronic form, regardless of the frequency, likelihood or extent of such access.
    2. “Agency” or “state agency,” shall mean a Rhode Island state agency within the executive branch.
    3. “Agency head,” shall mean the director or designee of a state agency holding the position with access (as defined herein).
    4. “Applicant for employment,” shall mean an individual who has applied for or may be offered employment, transfer or promotional opportunities with a state agency, including employment as a full-time or part-time employee, intern, temporary or seasonal employee, or volunteer, in a position with access (as defined herein).
    5. “Current agency employee,” shall mean a full-time or part-time state employee, intern, temporary or seasonal employee or volunteer in a position with access (as defined herein).
    6. “Federal tax information” or “FTI” shall mean:
      1. Federal tax returns or information created or derived from federal tax returns that is in an agency’s possession or control, which is covered by the confidentiality protections of the Internal Revenue Code and subject to 26 U.S.C. § 6103(p)(4) safeguarding requirements, including oversight by the Internal Revenue Service (“IRS”); and received directly from the IRS or obtained through an authorized secondary source, such as the Social Security Administration (SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), Centers for Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS pursuant to an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and
      2. FTI shall expressly not include federal tax returns or information created or derived from federal tax returns received from taxpayers or other third-parties.
    7. “Law enforcement authorized agency” shall mean a government entity authorized to conduct national background checks using the federal bureau of investigation’s fingerprinting national background check system.
  2. The personnel administrator or designee shall require to be obtained a state and national fingerprint-based criminal background check initially and at least every ten years, as authorized by Public Law 92-544, to determine the suitability of an applicant for employment prior to hiring or a current agency employee, if the position applied for or held requires or includes access to FTI.
  3. An applicant for employment or current agency employee who refuses to comply with the fingerprint-based background check requirements shall be considered unsuitable for serving in a position requiring or involving, or which may require or involve, access to FTI.
  4. The national fingerprint-based criminal background check shall be facilitated through the office of the attorney general or another law enforcement authorized agency and forwarded to the federal bureau of investigation for a national criminal history check, according to the policies, procedures, and/or regulations established by the office of the attorney general or another law enforcement authorized agency.
    1. For current agency employees, the agency shall pay the applicable fee charged through the office attorney general or other law enforcement authorized agency to conduct state and national background checks. However, applicants for employment shall be required to pay the fee charged through the office attorney general or other law enforcement authorized agency.
    2. Fingerprint submissions may be retained by the Federal Bureau of Investigation and the office of the attorney general or other law enforcement authorized agency to assist the personnel administrator authorized pursuant to this section to ensure the continued suitability of an applicant for employment or a current agency employee for access to FTI.
    3. The office of the attorney general or other law enforcement authorized agency may disseminate the results of the state and national criminal background checks to the personnel administrator or designee of the personnel administrator.
    4. Notwithstanding any law to the contrary, solely for the purposes of this chapter, the personnel administrator, agency head and authorized staff of an agency may receive criminal offender record information to the extent required by federal law and the results of checks of national criminal history information databases under Public Law 92-544.
    5. Upon receipt of the results of state and national criminal background checks, the personnel administrator, agency head and other authorized staff shall treat the information as non-public and exempt from disclosure in accordance with the Rhode Island access to public records act, § 38-2-2(4)(A)(I)(b). Information acquired by any agency in the background check process pursuant to this section shall be used solely for the purposes of making a determination as to the suitability of a particular current employee or applicant for employment for and assignment to duties in a position that requires or includes, or may require or include, access to FTI.
  5. If the office of the attorney general or other law enforcement authorized agency receives criminal record information from the state or national fingerprint-based criminal background checks that includes no disposition or is otherwise incomplete, the office of the attorney general or other law enforcement authorized agency shall notify the personnel administrator and the subject person. The applicant for employment or the current agency employee shall be responsible for resolving any issues in other jurisdictions causing an incomplete background check. Within fifteen (15) business days from being notified, the applicant for employment or current agency employee must resolve any incomplete background check. For the purposes of this chapter, the personnel administrator, in his or her sole discretion, may extend the amount of time to resolve an incomplete report. Once resolved, the applicant’s suitability for employment in a position requiring or involving, or which may require or involve, access to FTI shall be determined in accordance with subsection (f).
    1. In the event that an applicant for employment fails to resolve an issue with an incomplete background check by the deadline stated herein, the person shall no longer be considered for employment to the position with access.
    2. In the event that a current agency employee fails to resolve an issue with an incomplete background check by the deadline provided herein, along with any extension, the employee may be terminated or discharged from employment; provided, however, that a current agency employee may be placed on administrative leave or reassigned to a position that does not require access to FTI if that position is available and subject to the business needs of the agency at the discretion of the personnel administrator and agency head. Any such employment action shall be subject to the same appeal or grievance procedures as normally authorized.
  6. The personnel administrator or designee shall review the results to determine the suitability of the applicant for employment or current agency employee, based on criteria established through regulation, to serve in a position requiring or involving, or which may require or involve, access to FTI. In making such a determination of suitability, the personnel administrator or designee may consult with the agency head and consider mitigating factors relevant to the current agency employee’s employment and the nature of any disqualifying offense.
    1. In the event that an applicant for employment receives a final determination that the person is unsuitable, the person shall no longer be considered for employment into a position with access.
    2. A current employee may appeal a determination of unsuitability to the personnel administrator. While the appeal is pending, the employee may be placed on administrative leave in the discretion of the personnel administrator. A final determination of unsuitability after appeal may result in termination or discharge from employment; provided, however, that subject to the discretion of the personnel administrator and the agency head, a current agency employee may be reassigned to a position that does not require access to FTI if that position is available and subject to the business needs of the agency. Any such employment action shall be subject to further appeal or grievance procedures as normally authorized.
  7. Nothing in this section shall limit or preclude an agency’s right to carry on a background investigation of an applicant for employment or a current agency employee using other authorized means.
  8. The Department of Administration is hereby authorized to promulgate and adopt regulations necessary to carry out this section.
  9. The judicial branch is hereby authorized to comply with the provisions herein related to employees with access to FTI.

History of Section. P.L. 2019, ch. 88, art. 3, § 6.

Compiler’s Notes.

P.L. 2019, ch. 88, art. 3, § 13, provides that this section takes effect on September 1, 2019.

Chapter 3.1 Alternative Work Schedules

36-3.1-1. Short title.

This chapter shall be known and may be cited as the “State Employees Alternative Work Schedules Act of 1987.”

History of Section. P.L. 1987, ch. 551, § 1.

36-3.1-2. Legislative findings.

The general assembly finds: that new trends in the use of alternative work schedules in the private sector have proven beneficial to employee and employer alike; that the congress of the United States has recently enacted and the president has signed legislation lending permanence to what had been heretofore an experimental program of alternative work schedules for federal employees; that it has been determined that alternative work schedules provide greater employment opportunities for women with young children; that the fastest growing segment of the work force is the “permanent part-time” work force; that alternative work schedules present greater job opportunity for the unemployed; that many of the fifty (50) states now offer alternative work schedules to their state employees and that the use of alternative work schedules result in improvement in service to the public, employee morale, and efficiency of agency operations. The general assembly therefore finds that there should be optional alternate working schedules available to state employees.

History of Section. P.L. 1987, ch. 551, § 1.

36-3.1-3. Definitions.

As used in this chapter:

  1. “Alternative work schedules” means a plan of employment which varies the workday, workweek, and work schedules as an alternative to the conventional workweek, while still working the total basic number of hours required of their job. Alternative work schedules include flexitime, compressed workweeks, jobsharing, permanent part-time, and other alternative work plans. Alternative work schedules must first be approved by the appointing authority and reviewed by the personnel administrator.
  2. “Compressed workweek” means a working schedule which compresses the biweekly pay period into less than ten (10) working days.
  3. “Flexible-time employment” or “flexitime” as used in this chapter means employment in which the workday of a full-time employee consists of at least four (4) work hours worked between hours which are specified and known as “core time”, and the remaining hours of which may be worked by the employee, as approved by the supervisor from among hours which are specified as the earliest time an employee may normally start work and the latest time an employee may normally stop work without special arrangements made in advance and known as the “bandwidth” of the workday.
  4. “Job-sharing” means a work plan in which two (2) or more persons share one job, jointly assuming responsibility for the job’s output.
  5. “Permanent part-time” means a work schedule which provides for less than thirty-five (35) hours per week on a nontemporary basis.

History of Section. P.L. 1987, ch. 551, § 1.

36-3.1-4. Policy.

It is the policy of the state to offer alternative working schedules to state employees, thereby enabling the appointing authority to allow for flexitime, compressed workweeks, job sharing, permanent part-time, and other alternative work plans, provided work schedule changes allow the maintaining of adequate work coverage and service to the public, in an effort to reduce commuter congestion, conserve energy, increase employee morale, increase productivity, and reduce tardiness and absenteeism. Any alternative work plans to insure compliance shall be jointly agreed to by the appointing authority and the certified bargaining representative.

History of Section. P.L. 1987, ch. 551, § 1.

36-3.1-5. Schedule.

Not later than January 1, 1988, each state department, board, or commission shall develop and transmit to the division of human resources of the department of administration for review of its plans for the implementation of alternative work schedules following guidelines published by the director of the department of administration. The associate director of the division of human resources shall review all alternative work schedule plans, and may make revisions as necessary for effective implementation.

History of Section. P.L. 1987, ch. 551, § 1.

36-3.1-6. Deadline.

Not later than January 1, 1989, all units of state agencies, other than those specifically exempted in the plans approved by the associate director of the division of human resources, shall offer alternative work schedules to their employees.

History of Section. P.L. 1987, ch. 551, § 1.

36-3.1-7. Exceptions.

Any state department, board, commission, or independent agency may request permission from the associate director of the division of human resources to alter its approved plan or plans as is necessary for the performance of its mission. The associate director of the division of human resources may grant the requests provided every reasonable effort is made to conform with the intent and purpose of this chapter.

History of Section. P.L. 1987, ch. 551, § 1.

36-3.1-8. Conditions and restrictions.

  1. The request for an alternative work schedule shall be made by written request from either the employee or the exclusive certified bargaining agent. In all cases where an employee is represented by a union, the union shall be notified of all requests which are initiated by an employee. The appointing authority shall review all requests and it shall have the discretionary power to approve or disapprove the request, subject to the associate director of the division of human resources’ review pursuant to § 36-3.1-5 . Where an employee is not represented by an exclusive certified bargaining agent, the appointing authority shall not amend the request for an alternative work schedule without the consent of the employee.
  2. When an employee is represented by an exclusive certified collective bargaining agent, the appointing authority shall not amend the request for an alternate work week schedule without the written agreement of the exclusive certified bargaining agent.
  3. The work week of any occupied full time permanent position shall not be reduced pursuant to this chapter unless by written request of the employee or the exclusive certified bargaining agent as required in subsection (a). In all cases where an employee is represented by an exclusive certified bargaining agent, no alternate work week schedule as defined by this chapter shall be implemented without the written consent of the exclusive certified bargaining agent.

History of Section. P.L. 1987, ch. 551, § 1.

Chapter 4 Merit System

36-4-1. Divisions of state service.

The state service shall be divided into a classified service and an unclassified service.

History of Section. P.L. 1939, ch. 661, § 7; P.L. 1952, ch. 2975, § 9; G.L. 1956, § 36-4-1 .

Cross References.

Definitions, § 36-3-3 .

Purpose of chapter, § 36-3-2 .

NOTES TO DECISIONS

Applicability.

It is the intention of the legislature that the merit-system laws should not be applied in binding-arbitration cases. Rhode Island Council 94 v. State, 456 A.2d 771, 1983 R.I. LEXIS 814 (R.I. 1983).

36-4-2. Positions in unclassified service.

  1. The classified service shall comprise all positions in the state service, now existing or hereinafter established, except the following specific positions which, with other positions heretofore or hereinafter specifically exempted by legislative act, shall constitute the unclassified service:
    1. Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.
    2. Employees of both houses of the general assembly.
    3. Officers, secretaries, and employees of the office of the governor, office of the lieutenant governor, department of state, department of the attorney general, and the treasury department.
    4. Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.
    5. The following specific offices:
      1. In the department of administration: director, chief information officer, cybersecurity officer, director of office of management and budget, director of performance management, deputy director, chief of staff, public information officer and legislative/policy director, and within the health benefits exchange: director, deputy director, administrative assistant, senior policy analyst, and chief strategic planning monitoring and evaluation;
      2. In the department of business regulation: director;
      3. In the department of elementary and secondary education: commissioner of elementary and secondary education;
      4. In the department of higher education: commissioner of postsecondary education;
      5. In the department of health: director, executive director, and deputy director;
      6. In the department of labor and training: director, administrative assistant, administrator of the labor board and legal counsel to the labor board, executive director, and communications director;
      7. In the department of environmental management: director;
      8. In the department of transportation: director, chief operating officer, administrator/division of project management, administrator/division of planning, chief of staff, communications director, legislative director, and policy director;
      9. In the department of human services: director and director of veterans’ affairs;
      10. In the state properties committee: secretary;
      11. In the workers’ compensation court: judges, administrator, deputy administrator, clerk, assistant clerk, clerk secretary;
      12. In the office of healthy aging: director;
      13. In the department of behavioral healthcare, developmental disabilities and hospitals: director;
      14. In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;
      15. In the department of children, youth and families: director, one assistant director, one associate director, one executive director, and a chief of staff;
      16. In the public utilities commission: public utilities administrator;
      17. In the water resources board: general manager;
      18. In the human resources investment council: executive director;
      19. In the office of health and human services: secretary of health and human services;
      20. In the office of commerce: secretary, deputy secretary, chief of staff, communications director, legislative director, and policy director.
    6. Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.
    7. One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.
    8. Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.
    9. The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the council on elementary and secondary education and the council on postsecondary education.
    10. Members of the military or naval forces, when entering or while engaged in the military or naval service.
    11. Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic tribunal, jurors, and any persons appointed by any court.
    12. Election officials and employees.
    13. Deputy sheriffs and other employees of the sheriffs division within the department of public safety.
    14. Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.
      1. Persons employed to make or conduct a temporary and special inquiry, investigation, project, or examination on behalf of the legislature, or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.
      2. The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the department of administration. The department of administration may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.
    15. Members of the division of state police within the department of public safety.
    16. Executive secretary of the Blackstone Valley district commission.
    17. Artist and curator of state-owned art objects.
    18. Mental health advocate.
    19. Child advocate.
    20. The position of aquaculture coordinator and marine infrastructure specialist within the coastal resources management council.
    21. Employees of the office of the health insurance commissioner.
    22. In the department of revenue: the director, secretary, attorney.
    23. In the department of public safety: the director.
  2. Provided, however, that, if any position added to the unclassified service by legislative act after January 1, 2015, is occupied by a classified employee on June 30, 2015, such position shall remain in the classified service until such position becomes vacant.

History of Section. P.L. 1939, ch. 661, § 7; P.L. 1941, ch. 1050, §§ 4, 5; impl. am. P.L. 1952, ch. 2958, § 1; impl. am. P.L. 1952, ch. 2973, § 3; P.L. 1952, ch. 2975, § 9; P.L. 1953, ch. 3190, § 1; impl. am. P.L. 1953, ch. 3206, § 1; P.L. 1953, ch. 3216, § 1; P.L. 1955, ch. 3435, § 1; P.L. 1955, ch. 3465, § 1; impl. am. P.L. 1956, ch. 3721, § 1; P.L. 1956, ch. 3802, § 2; G.L. 1956, § 36-4-2 ; P.L. 1960, ch. 137, § 1; P.L. 1962, ch. 77, § 2; P.L. 1963, ch. 101, § 1; P.L. 1964, ch. 44, § 1; P.L. 1964, ch. 180, § 1; P.L. 1967, ch. 151, § 1; P.L. 1968, ch. 148, § 1; P.L. 1970, ch. 218, § 1; P.L. 1972, ch. 286, § 1; P.L. 1976, ch. 220, § 1; P.L. 1976, ch. 290, § 12; P.L. 1977, ch. 182, § 11; P.L. 1978, ch. 131, § 5; P.L. 1978, ch. 236, § 1; P.L. 1980, ch. 365, § 1; P.L. 1984, ch. 81, § 9; P.L. 1985, ch. 365, § 14; P.L. 1986, ch. 198, § 29; P.L. 1986, ch. 232, § 1; P.L. 1990, ch. 65, art. 82, § 1; P.L. 1990, ch. 332, art. 1, § 13; P.L. 1991, ch. 44, art. 72, § 3; P.L. 1991, ch. 183, § 1; P.L. 1991, ch. 206, § 11; P.L. 1991, ch. 342, § 3; P.L. 1992, ch. 133, art. 78, § 1; P.L. 1994, ch. 325, § 1; P.L. 1995, ch. 370, art. 12, § 14; P.L. 1996, ch. 100, art. 29, § 7; P.L. 1996, ch. 100, art. 36, § 15; P.L. 1998, ch. 391, § 4; P.L. 1999, ch. 31, art. 8, § 2; P.L. 1999, ch. 218, art. 5, § 9; P.L. 1999, ch. 469, § 4; P.L. 2001, ch. 77, art. 29, § 9; P.L. 2001, ch. 144, § 8; P.L. 2001, ch. 163, § 8; P.L. 2004, ch. 369, § 1; P.L. 2004, ch. 388, § 1; P.L. 2005, ch. 51, § 1; P.L. 2005, ch. 52, § 1; P.L. 2005, ch. 117, art. 3, § 1; P.L. 2006, ch. 246, art. 38, §§ 6, 20; P.L. 2008, ch. 100, art. 9, § 6; P.L. 2008, ch. 227, § 1; P.L. 2008, ch. 415, § 1; P.L. 2011, ch. 151, art. 9, § 17; P.L. 2011, ch. 363, § 26; P.L. 2012, ch. 241, art. 4, § 8; P.L. 2012, ch. 324, § 4; P.L. 2015, ch. 141, art. 15, § 3; P.L. 2016, ch. 142, art. 4, § 23.

Compiler’s Notes.

This section was amended by two Acts (P.L. 2011, ch. 151, art. 9, § 17; P.L. 2011, ch. 363, § 26) passed by the 2011 General Assembly. Since the two acts are not in conflict, the section is set out as amended by both acts

This section was amended by two acts (P.L. 2012, ch. 241, art. 4, § 8 and P.L. 2012, ch. 324, § 4) as passed by the 2012 General Assembly. Since the two acts are not in conflict, the section is set out as amended by both acts.

“Council on elementary and secondary education” has been substituted for “board of regents for elementary and secondary education” and “council on postsecondary education” has been substituted for “board of governors for higher education” in subsection (a)(9) of this section pursuant to P.L. 2014, ch. 145, art. 20.

The “director of veterans’ affairs,” referred to in subsection (a)(5)(ix) of this section, is now the “director of veterans services.” See § 30-17.1-6 , as amended by P.L. 2019, ch. 88, art. 4, § 5.

Cross References.

Board of elections exempt from chapter, § 17-7-8 .

Clerk-secretary of workmen’s compensation commission in unclassified status, § 28-30-14 .

NOTES TO DECISIONS

Applicability.

Dentists and dental hygienists working at the adult corrections institutions were independent contractors, who were not subject to the state merit system, because they were hired as dental consultants under R.I. Gen. Laws § 37-2-72 , as the State demonstrated a need for their services and an absence of state personnel to perform the work. Absi v. State Dep't of Admin., 785 A.2d 554, 2001 R.I. LEXIS 240 (R.I. 2001).

Collateral References.

Contract with municipal corporation or other governmental body to do certain work for it and its residents, persons employed by one having, as within civil service laws, rules, or regulations. 134 A.L.R. 1149.

Court officers, attaches or attendants. 14 A.L.R. 636.

36-4-2.1. Exemptions from merit system.

The appointment, promotion, salaries, tenure, and dismissal of employees of the legislative and judicial departments shall not be subject to control in any manner or degree by the personnel administrator, or by any other officer or board of the executive branch of government.

History of Section. P.L. 1968, ch. 99, § 7; P.L. 2004, ch. 595, art. 45, § 4.

NOTES TO DECISIONS

Applicability.

This section, a later-enacted special provision that applies only to employees of the legislative branch, takes precedence over § 36-4-59 , a conflicting, earlier-enacted statute of general application covering all state employees. Gibbons v. State, 694 A.2d 664, 1997 R.I. LEXIS 130 (R.I. 1997).

Effect.

An employee of the legislative branch is not entitled to the benefits and protections of the state’s merit system, including the full-status benefits enjoyed by nonexempt state employees with at least 20 years of service. Gibbons v. State, 694 A.2d 664, 1997 R.I. LEXIS 130 (R.I. 1997).

36-4-3. Branches of classified service.

The classified service shall be divided into a competitive branch and a noncompetitive branch. The competitive branch shall consist of all positions in the classified service except those assigned to the noncompetitive branch as hereinafter provided.

History of Section. P.L. 1952, ch. 2975, § 9; G.L. 1956, § 36-4-3 .

36-4-4. Positions classed as noncompetitive.

The noncompetitive branch shall include classes of positions that require the performance of routine, laboring, custodial, domestic tasks, or positions that are subject to continuing supervision. In addition to the foregoing, classes of positions that require licenses, certificates, or registrations shall also be included in the noncompetitive branch.

History of Section. P.L. 1952, ch. 2975, § 9; G.L. 1956, § 36-4-4 ; P.L. 1980, ch. 336, § 1.

36-4-5. Assignment of positions to noncompetitive branch — Transfer to competitive branch.

No class of positions shall be assigned to the noncompetitive branch unless the assignment has been recommended by the personnel administrator, the director has held a public hearing thereon, has recommended the assignment to the governor, and the governor has approved the assignment. A class of positions may be transferred from the noncompetitive branch to the competitive branch in the same manner.

History of Section. P.L. 1952, ch. 2975, § 9; G.L. 1956, § 36-4-5 .

Cross References.

Functions of personnel administrator, § 36-3-5 .

Powers and duties of department of administration, § 42-11-2 .

36-4-6. Appointments to noncompetitive branch.

Appointments to positions in the noncompetitive branch shall be designated as “noncompetitive appointments”, and shall be made upon recommendation of the appointing authority and approval of the personnel administrator subject to established requirements for character and physical condition.

History of Section. P.L. 1952, ch. 2975, § 9; G.L. 1956, § 36-4-6 ; P.L. 1968, ch. 141, § 1; P.L. 2007, ch. 332, § 1; P.L. 2007, ch. 435, § 1.

36-4-7. Probationary period in noncompetitive branch — Acquisition of full status.

Persons appointed to positions in the noncompetitive branch shall serve a probationary period of six (6) months during which time the appointing authority shall report to the personnel administrator every sixty (60) days concerning the work of the employee and at the end of the probationary period no further salary or other compensation shall be paid to the employee unless the appointing authority has filed with the personnel administrator a statement, in writing, that the services of the employee have been satisfactory and that it is desired that his or her services be continued. The probationary period is further defined to be one hundred-thirty (130) days worked in the non-competitive position to which the person has been appointed. Upon completion of the probationary period and receipt of the statement of satisfactory service by the personnel administrator and having fulfilled the requirements for character and physical condition, the employee shall be deemed to have acquired full status and shall enjoy all the rights and privileges of that status. Whenever a class of positions shall be assigned to the noncompetitive branch, every employee holding a position in that class at the time of assignment who is a temporary employee and has served in that class for six (6) months or more shall be considered to have completed the required probationary period and upon receipt of a statement from his or her appointing authority that his or her services have been satisfactory shall be deemed to have acquired full status and shall enjoy all the rights and privileges of that status. A temporary employee who has served at least four (4) months but has not completed six (6) months shall be deemed to have served four (4) months of the required probationary period and his or her appointing authority shall submit a report concerning the work of the employee to the personnel administrator and shall at the end of sixty (60) days submit a final probationary report for the employee. An employee who has served at least two (2) months but has not completed four (4) months shall be deemed to have served two (2) months of the required probationary period and his or her appointing authority shall submit a report concerning the work of the employee to the personnel administrator and shall subsequently submit a probationary report at the end of the next sixty (60) days and a final probationary report at the end of six (6) months of service.

History of Section. P.L. 1952, ch. 2975, § 9; G.L. 1956, § 36-4-7 ; P.L. 1984, ch. 208, § 1.

Collateral References.

Validity, construction and application of probationary provisions of civil service statutes or regulations. 131 A.L.R. 383.

36-4-8. Rules — Amendments.

  1. The personnel administrator shall recommend such rules as he or she may consider necessary, appropriate, or desirable to carry out the provisions of this chapter and chapter 3 of this title and may from time to time recommend amendments thereto. When the rules or amendments are recommended by the personnel administrator, the director shall hold a public hearing thereon, and shall have power to approve or reject the recommendations of the personnel administrator wholly or in part or to modify them and approve them as so modified. The director shall give notice of the hearing at least fourteen (14) calendar days prior to the date of the hearing. Rules or amendments thereto which are approved by the director, shall be submitted to the governor, who shall have power to approve them, with or without modification or to reject them. The rules or amendments thereto shall become effective when approved by the governor. Rules adopted under this section shall have the force and effect of law.
  2. Rules promulgated pursuant to this section shall not change conditions of employment in a unit covered by a collective bargaining agreement.

History of Section. P.L. 1939, ch. 661, § 8; P.L. 1952, ch. 2975, § 10; G.L. 1956, § 36-4-8 ; P.L. 1989, ch. 284, § 1.

NOTES TO DECISIONS

Collective Bargaining Agreements.

The court erred in vacating an arbitration reinstatement award, because the question of the justification of an employee’s termination for allegedly violating a personnel rule promulgated pursuant to subsection (a) was clearly an arbitrable grievance under an existing collective bargaining agreement, and on its face subsection (b) prohibits the rules from altering a union’s and the state’s collectively bargained agreement which relates to the unionized employees’ conditions of employment. Rhode Island Bhd. of Correctional Officers v. State, 643 A.2d 817, 1994 R.I. LEXIS 200 (R.I. 1994).

Failure to Adhere to Requirements.

Although a personnel rule was approved by the Governor, but the deputy personnel administrator testified that the personnel division never filed a certified copy of the rule with the Secretary of State, the rule was not promulgated in accordance with the provisions of the Rhode Island Administrative Procedure Act, and therefore had never taken legal effect. Landry v. Farmer, 564 F. Supp. 598, 1983 U.S. Dist. LEXIS 17075 (D.R.I. 1983).

36-4-9. Adoption of classification plan.

The personnel administrator shall, after consultation with appointing authorities and principal supervising officials, classify all of the positions in the classified service according to the duties and responsibilities of each position. The plan of classification shall designate an appropriate title for each class of position and shall indicate the education, experience, capacity, knowledge, skill, and other qualifications to be required of persons appointed to positions in each class. The complete classification plan shall be so arranged that all positions that are substantially similar with respect to authority, responsibility, and character of work are included within the same class and that the same pay schedules can be made to apply with equity under like working conditions. The class titles so established shall be used in all personnel, accounting, budget, appropriation, and financial records of all state departments, commissions, and institutions.

History of Section. P.L. 1939, ch. 661, § 9; P.L. 1952, ch. 2975, § 11; G.L. 1956, § 36-4-9 .

NOTES TO DECISIONS

Applicability of Classification Plan.

This section does not contemplate positions in the classified service as being in the same class merely because some duties have been assigned to them which are similar to those in another position. Prete v. Parshley, 99 R.I. 172 , 206 A.2d 521, 1965 R.I. LEXIS 412 (1965).

Collateral References.

Applicability of civil service rules as affected by attempt to enter into contract with one rather than appoint him to office or position. 111 A.L.R. 1509.

36-4-10. Changes in plan — Notice of establishment of new positions.

Additional classes may be established and existing classes may be divided, combined, altered, or abolished upon recommendation of the personnel administrator, recommendation by the director after public hearing, and approval by the governor. This action may be initiated either by the personnel administrator, the director, or on request of an appointing authority. Appointing authorities intending to establish new positions shall so notify the personnel administrator, and except as otherwise provided in this chapter, no person shall be appointed to or employed for a new position until it has been properly classified as herein provided and an appropriate list established therefor.

History of Section. P.L. 1939, ch. 661, § 9; P.L. 1952, ch. 2975, § 11; G.L. 1956, § 36-4-10 .

36-4-11. Allocation of positions to classes within plan.

After the adoption of the classification plan by the governor, the personnel administrator shall allocate every position in the classified service to one of the classes established by the plan. Thereafter, whenever new positions are authorized and created, whenever the duties and responsibilities of existing positions change, or whenever the classification plan is amended, the personnel administrator shall allocate or reallocate the affected positions and shall determine the status of employees affected by the action in accordance with the personnel rules.

History of Section. P.L. 1939, ch. 661, § 9; P.L. 1952, ch. 2975, § 11; G.L. 1956, § 36-4-11 .

36-4-12. Repealed.

History of Section. P.L. 1952, ch. 2975, § 25; G.L. 1956, § 36-4-12 ; Repealed by P.L. 1984, ch. 208, § 5, effective May 8, 1984.

Compiler’s Notes.

Former § 36-4-12 concerned tenure of incumbents in classified service.

36-4-13. Submission of proposed pay plan for classified service.

The personnel administrator shall submit to the director a proposed pay plan showing for each class of position in the classified service minimum and maximum salary rates and such intermediate rates as he or she deems desirable. In arriving at these rates he or she shall take into consideration the advice and suggestions of appointing authorities and other supervising officials, prevailing rates for comparable service in other public employment and in private business, the current cost of living, and the state’s financial policies, conditions, and appropriations.

History of Section. P.L. 1939, ch. 661, § 10; P.L. 1952, ch. 2975, § 12; G.L. 1956, § 36-4-13 .

36-4-14. Adoption of pay plan.

  1. After reasonable opportunity to be heard has been given to employees, appointing authorities, and the general public, and after incorporating any modification, change, or amendment he or she considers desirable, the director shall submit the plan to the governor who shall approve and adopt the plan with such changes as he or she deems necessary and order its application to all positions in the classified service. When the governor has adopted the pay plan, it shall constitute the official pay schedule for positions in the classified service; thereafter, no person in the classified service shall be paid a salary that is greater than the maximum or less than the minimum rates fixed in the approved pay plan or by amendments thereto, or by the personnel rules. Notwithstanding the provisions of this section or any other section of this chapter, upon successful completion of a four-course curriculum incentive in-service training program approved by the personnel administrator, a state employee hired before July 1, 2001 shall be granted a one-step pay increment next above the current base step, or if the employee is at the maximum of the grade the employee shall receive a pay increment equal in amount to the last step in the pay grade, the increment to be retained, separate and apart from any salary or longevity increase that the employee may at that time or thereafter receive.
  2. Upon leaving state service, upon choosing an educational incentive plan provided for in the Personnel Rules or upon choosing to participate in another recognized educational incentive plan, a state employee’s eligibility for the one-step pay increase described in subsection (a) shall cease.
  3. Unless otherwise provided in the general laws, state employees hired on or after July 1, 2001 shall be eligible only for the educational incentive plan as provided for in the Personnel Rules. However, state employees who are eligible for a different statutory or contractual educational incentive plan may choose that other plan instead of the educational incentive plan as provided for in the Personnel Rules.

History of Section. P.L. 1939, ch. 661, § 10; P.L. 1952, ch. 2975, § 12; G.L. 1956, § 36-4-14 ; P.L. 1965, ch. 212, § 1; P.L. 1984, ch. 208, § 1; P.L. 2001, ch. 77, art. 27, § 1.

Cross References.

Exemption from wage payment law, § 28-12-2 .

36-4-14.1. Ineligibility for other incentive payments.

Any person receiving an incentive pay increase increment under this chapter is ineligible to benefit from any other educational incentive program such as contained in chapter 28.1 of title 42, §§ 42-28.4-1 , 42-56.1-1 , and 8-4.1-1 , or any other chapter relating to an educational incentive pay program. However, state employees who are eligible for a different statutory or contractual educational incentive plan may choose that other plan instead of the educational incentive plan as provided for in the Personnel Rules.

History of Section. P.L. 1984, ch. 208, § 3; P.L. 2001, ch. 77, art. 27, § 1.

36-4-15. Changes in pay plan for classified service — New classes.

Pay rates shall be established for new classes of positions, and amendments to the existing pay plan may be made upon recommendation of the personnel administrator, recommendation of the director, after public hearing, and approval by the governor. This action may be initiated by the director, the personnel administrator, or at the request of an appointing authority.

History of Section. P.L. 1939, ch. 661, § 10; P.L. 1952, ch. 2975, § 12; G.L. 1956, § 36-4-15 .

36-4-16. Unclassified pay plan board — Abolishment — Transfer of functions.

Upon the effective date of this section [June 20, 2005], the unclassified pay plan board shall be abolished, and all powers, duties and obligations of the board conferred thereon pursuant to the provisions of this chapter shall be transferred to and administered by the department of administration. Any reference to the unclassified pay plan board within the general laws shall now be construed to refer to the department of administration.

History of Section. P.L. 1952, ch. 2975, § 12; G.L. 1956, § 36-4-16 ; P.L. 1965, ch. 212, § 1; P.L. 1973, ch. 60, § 2; P.L. 1973, ch. 61, § 1; P.L. 1976, ch. 171, § 2; P.L. 1978, ch. 205, art. XII, § 1; P.L. 1988, ch. 456, § 1; P.L. 1988, ch. 637, § 1; P.L. 2001, ch. 180, § 76; P.L. 2005, ch. 51, § 1; P.L. 2005, ch. 52, § 1.

Compiler’s Notes.

The 1978 amendment provided that nothing in §§ 36-4-16 36-4-16.4 shall be construed to deprive or otherwise restrict employees of salaries, benefits, or privileges earned prior to the amendment and to which those employees would otherwise be entitled.

Cross References.

Superior court justices serving after retirement to receive longevity increments, § 8-3-10 .

Law Reviews.

For article, “Appointments by the Legislature Under the Rhode Island Separation of Powers Doctrine: The Hazards of a Road Less Traveled,” see 1 R.W.U.L. Rev. 1 (1996).

36-4-16.1. Repealed.

History of Section. P.L. 1978, ch. 205, art. XII, § 1; P.L. 1979, ch. 174, art. XII, § 1; Repealed by P.L. 2005, ch. 51, § 2; P.L. 2005, ch. 52, § 2, effective June 20, 2005.

Compiler’s Notes.

Former § 36-4-16.1 concerned the meetings and staff provisions under the merit system.

36-4-16.2. Duties and responsibilities of the department of administration.

  1. It is the duty of the department of administration to maintain a pay plan for unclassified employees of the state, including any rules and regulations that are necessary to implement and complement the plan. In maintaining the pay plan, it will be the duty of the department of administration to allocate all new unclassified positions to existing grades within the plan, and to review at least once annually all existing unclassified positions and to reallocate those positions within the pay plan as it deems proper. No new unclassified position shall be created or allocated or reallocated to any grade within the plan unless state agency and department heads have been afforded the opportunity to make recommendations regarding the proposed changes; provided further, however that any unclassified position that has been vacant for more than twelve (12) months shall be canceled and removed from the unclassified pay plan unless within that twelve (12) months the person having supervisory authority over the position requests an extension, in which case the department of administration may approve an extension of not more than twelve (12) months; and provided further, that employees, appointing authorities, and the general public, shall be afforded an opportunity at a public hearing to provide testimony, orally and in writing, regarding the changes, prior to the department’s submission of recommendations to the governor. The agenda for the public hearing shall include a summary of the proposed changes. Hearings conducted pursuant to this section shall be subject to the provisions of chapter 46 of title 42.
  2. The department of administration, notwithstanding any provision to the contrary, shall only have the authority to make recommendations to the governor. The governor shall approve and adopt the plan with such changes as he or she may deem necessary. Following approval by the governor, all unclassified pay plan changes shall be included in the normal budget process in the appropriate section of the personnel supplement.
  3. When the pay plan and regulations have been adopted they shall constitute the official pay schedule for the positions in the unclassified service. Thereafter, no person in the unclassified service shall be paid a salary that is greater than the maximum or less than the minimum rates fixed by the approved pay plan and regulations or by amendments thereto, nor shall salary adjustments for unclassified employees made by the department of administration during its review exceed two (2) grades per year at the maximum of the grade; provided, however, that unclassified employees shall be entitled to all monetary additives accorded other state employees, including, but not limited to, longevity and incentive training awards.

History of Section. P.L. 1978, ch. 205, art. XII, § 1; P.L. 1994, ch. 333, § 1; P.L. 2000, ch. 479, § 1; P.L. 2005, ch. 51, § 1; P.L. 2005, ch. 52, § 1.

36-4-16.3. Repealed.

History of Section. P.L. 1978, ch. 205, art. XII, § 1; Repealed by P.L. 2005, ch. 51, § 2; P.L. 2005, ch. 52, § 2, effective June 20, 2005.

Compiler’s Notes.

Former § 36-4-16.3 concerned salaries of unclassified personnel under the merit system.

36-4-16.4. Salaries of directors.

  1. In the month of March of each year, the department of administration shall conduct a public hearing to determine salaries to be paid to directors of all state executive departments for the following year, at which hearing all persons shall have the opportunity to provide testimony, orally and in writing. In determining these salaries, the department of administration will take into consideration the duties and responsibilities of the aforenamed officers, as well as such related factors as salaries paid executive positions in other states and levels of government, and in comparable positions anywhere that require similar skills, experience, or training. Consideration shall also be given to the amounts of salary adjustments made for other state employees during the period that pay for directors was set last.
  2. Each salary determined by the department of administration will be in a flat amount, exclusive of such other monetary provisions as longevity, educational incentive awards, or other fringe additives accorded other state employees under provisions of law, and for which directors are eligible and entitled.
  3. In no event will the department of administration lower the salaries of existing directors during their term of office.
  4. Upon determination by the department of administration, the proposed salaries of directors will be referred to the general assembly by the last day in April of that year to go into effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting concurrently within that time.
  5. Notwithstanding the provisions of this section, for 2015 only, the time period for the department of administration to conduct the public hearing shall be extended to July and the proposed salaries shall be referred to the general assembly by August 30. The salaries may take effect before next year, but all other provisions of this section shall apply.
  6. Notwithstanding the provisions of this section or any law to the contrary, for 2017 only, the salaries of the director of the department of transportation, the secretary of health and human services, and the director of administration shall be determined by the governor.
  7. Notwithstanding the provisions of this section or any law to the contrary, for 2021 only, the salary of the director of the department of children, youth and families shall be determined by the governor.

History of Section. P.L. 1978, ch. 205, art. XII, § 1; P.L. 1980, ch. 146, § 1; P.L. 1990, ch. 332, art. 1, § 13; P.L. 2004, ch. 595, art. 45, § 4; P.L. 2005, ch. 51, § 1; P.L. 2005, ch. 52, § 1; P.L. 2015, ch. 141, art. 15, § 3; P.L. 2017, ch. 302, art. 5, § 8; P.L. 2021, ch. 162, art. 3, § 7, effective July 6, 2021.

36-4-16.5. Certain unclassified positions excluded.

Sections 36-4-16.2 and 36-4-16.4 of this chapter shall have no application to those positions enumerated in subdivisions 36-4-2(1), 36-4-2(2) and 36-4-2(3), and the department of administration shall have no jurisdiction over the status, tenure or salaries of those said enumerated positions.

History of Section. P.L. 2005, ch. 51, § 3; P.L. 2005, ch. 52, § 3.

36-4-17. Preparation of employment lists.

The personnel administrator shall, as in his or her estimation the need requires, prepare for the several classes of positions in the classified service statewide or regional lists of persons eligible for original appointment to positions in those classes. Each employment list shall include the names of those persons who have shown by competitive tests that they possess the qualifications which entitle them to be considered eligible for appointment to any position in the class or classes for which the list is prepared.

History of Section. P.L. 1939, ch. 661, § 11; P.L. 1941, ch. 1050, § 6; P.L. 1950, ch. 2456, § 1; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-17 .

36-4-17.1. Longevity payments.

A state employee in the classified or unclassified service who terminates employment and is subsequently reemployed by the state, notwithstanding any rule, regulation, or provision of the general laws to the contrary, shall be eligible to receive an aggregate longevity increase for the period of initial employment. The provisions of this section shall be applied retroactively to those persons reemployed prior to June 1, 1980, and thereafter.

History of Section. P.L. 1981, ch. 409, § 1; P.L. 2011, ch. 151, art. 8, § 1.

36-4-17.2. Future longevity payments.

Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for state employees; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the employee shall continue to receive the same longevity percentage in effect on June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the same longevity percentage in effect on June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.

History of Section. P.L. 2011, ch. 151, art. 8, § 1.

36-4-18. Competitive tests.

The competitive tests shall be designed to determine fairly the capacity of the persons examined to perform the duties of the positions in the classes for which the lists are prepared. The competitive tests shall be open to applicants who are residents of the state of Rhode Island; provided, that the personnel administrator may admit to competitive tests for technical, professional, or unusual positions residents of other states. Any resident denied admission to an examination on the grounds of insufficient qualifications as established in the class specifications involved may, within five (5) calendar days of the mailing of the notices, appeal in writing to the administrator of adjudication for a hearing or review of the denial. On the basis of the review or hearing, the administrator of adjudication may direct the personnel administrator to permit the appellant to take the examination. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, professional license, or specialized training, and other pertinent matters, and may be written, oral, physical, or in the form of demonstration of skill, or any combination of these types. Public notice of every test shall be given in the manner prescribed by the personnel rules. Persons having a legitimate and proper interest in examination questions used in connection with any examination shall be freely allowed to inspect the questions, when all phases of the examination in which the questions were used have been completed under such conditions as shall be specified in the personnel rules. The final earned rating of each person competing in any test shall be determined by the weighted average of the earned rating on all phases of the test according to weights for each phase established by the personnel administrator in advance of the giving of the tests and published as part of the announcement of the examination. However, the personnel administrator may discontinue the examination process for any competitor when it has been determined that the required minimum final earned rating cannot be attained. All persons competing in any test shall be given written notice of their standing on any employment list or of their failure to attain a place upon the list. The personnel administrator may as deemed appropriate establish broadband examinations for a wide variety of entry and/or other levels of positions which would not be ranked in the traditional manner. The examinations would be ranked only upon certification to an appropriate vacancy and subject to conditions established in the personnel rules and the provisions of §§ 36-4-4 and 36-4-7 shall not apply to any appointments which are in the unclassified service. When an appropriate vacancy exists, the appointing authority will certify as to the appropriate knowledge, skills, and abilities required for successful performance in a particular position or positions. The personnel administrator will then proceed to rank all eligibles who have qualified and possess the requisite knowledge, skills, and abilities.

History of Section. P.L. 1939, ch. 661, § 11; P.L. 1941, ch. 1050, § 6; P.L. 1950, ch. 2456, § 1; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-18 ; P.L. 1968, ch. 141, § 2; P.L. 1981, ch. 335, § 2.

Collateral References.

Competitive examination under civil service, objective test as condition of. 112 A.L.R. 665.

Credit for education or training in relevant field, power to allow, in establishing a competitive civil service list. 129 A.L.R. 351.

36-4-19. Placement of names on employment lists — Listing of veterans.

  1. The names of all persons attaining the minimum final earned rating established by the personnel administrator shall be placed upon the employment list in the order of their ratings; provided, however, that there shall be added to the final earned ratings of examinees who are veterans in competitive tests for entrance into the classified service, but not for promotion in the service, who receive at least the minimum required final earned rating as stated in the public notice, service credits amounting to five (5) points for veterans or service credits amounting to ten (10) points for disabled veterans. On all employment lists, the letter “V” shall be placed opposite the name of each veteran as defined in chapter 3 of this title, who, by reason of his or her final earned rating, is entitled to have his or her name placed on an employment list, and the letters “DV” shall be placed opposite the name of each disabled veteran, as defined in chapter 3 of this title, who, by reason of his or her final earned rating is entitled to have his or her name placed on the list.
  2. For the purposes of this section:
    1. “War veteran” means any veteran of any conflict war, undeclared war or contingency operation who has earned a campaign ribbon or expeditionary medal for his or her service, in these operations, as noted on acceptable military documentation. The war veteran must have been honorably or generally discharged from the armed forces of this nation.
    2. “Veteran” means a person who served on active duty for other than training for a period of more than thirty (30) days and was discharged or released there from with other than a dishonorable discharge; or was discharged or released from active duty because of a service-connected disability; or served as a member of the national guard or reserve forces and served a minimum of twenty (20) years of honorable service in the national guard or reserve forces, has received a certificate of retirement and has been honorably or generally discharged from the national guard or reserve forces.

History of Section. P.L. 1939, ch. 661, § 11; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-19 ; P.L. 1992, ch. 156, § 3; P.L. 2012, ch. 420, § 1; P.L. 2012, ch. 485, § 1.

Compiler’s Notes.

P.L. 2012, ch. 420, § 1, and P.L. 2012, ch. 485, § 1 enacted identical amendments to this section.

Cross References.

Veterans’ preference in public employment, § 30-21-8 .

36-4-20. Duration of employment lists.

Each employment list shall remain in force until exhausted, until replaced, or combined with a more recently prepared list or until two (2) years from the date of its preparation, except that the personnel administrator may extend the duration of any list for a period not to exceed two (2) years.

History of Section. P.L. 1939, ch. 661, § 11; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-20 ; P.L. 1981, ch. 335, § 2.

36-4-21. Open continuous competitive tests.

The personnel administrator may use open continuous competitive tests to establish lists and fill vacancies in an agency or agencies where there is a continued shortage of available qualified persons or where there is a manifest imbalance of minorities (as currently defined in employment law as Blacks, Hispanics, American Indians including Alaska Natives, and Asians including Pacific Islanders) in the job category. Open continuous competitive tests shall be subject to the conditions established in this chapter for the preparation of employment lists.

History of Section. P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-21 ; P.L. 1994, ch. 133, § 7.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 133 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

36-4-22. Promotion examinations and lists.

    1. Promotional examinations shall be conducted in the same manner as open competitive examinations subject to the following conditions:
      1. A person is eligible for promotional examination provided the employee is currently employed in the classified, unclassified, or nonclassified service as of the official closing date of the examination announcement or twenty one (21) calendar days prior to the administration of the first phase of the examination, whichever is later, and meets one or more of the following requirements:
        1. Any employee who holds or within three (3) years has held permanent status in the classified service;
        2. Any employee who is serving in a probationary period as of the official closing date of the examination announcement;
        3. A minority (as currently defined in federal employment law as Blacks, Hispanics, American Indians including Alaska Natives, and Asians including Pacific Islanders) who is a qualified exam applicant seeking entry to a classification where there is a manifest imbalance in the job category; or
        4. Any employee who has served twelve (12) months service in the classified, unclassified, or nonclassified service and, in addition, meets the minimum requirements established in the class specification.
      2. Promotion lists shall remain in effect for a period of three (3) years or until exhausted or until combined with or replaced by a more recently prepared list.
  1. This section shall not apply to the Rhode Island state police or the legislative branch of state government.
  2. An employee who is not on the promotional list shall be eligible to take the promotional examination for the position the employee occupies.

History of Section. P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-22 ; P.L. 1981, ch. 335, § 2; P.L. 1985, ch. 181, art. 38, §§ 1, 2; P.L. 1986, ch. 375, § 1; P.L. 1987, ch. 212, § 1; P.L. 1994, ch. 133, § 7.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 133 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

Collateral References.

Promotional examinations for eligible list, discretion of civil service commission as regards. 75 A.L.R. 1234.

36-4-23. Preferred reemployment list.

Any person in the classified service who holds permanent status and is laid off as a result of reorganization, abolishment of positions by reason of reduction of force due to lack of work or lack of funds shall be placed on the list in the order of length of service and appointment therefrom shall be in the same order.

History of Section. P.L. 1986, ch. 418, § 3; P.L. 1991, ch. 44, art. 69, § 1.

36-4-23.1. Reemployment lists.

Any person who holds full status in the classified service and resigns in good standing shall be entitled to have his or her name placed on an appropriate reemployment list, provided that the person so requests in writing within three (3) years of the date of his or her termination from the state service. Any person with full status who has resigned and whose appointing authority has failed to certify that he or she has resigned in good standing or any person with full status who has been dismissed from the classified service may request in writing within three (3) years of the date of his or her termination that his or her name be placed on the appropriate reemployment list and the request may be granted at the discretion of the personnel administrator. Each name placed on a reemployment list shall be stricken therefrom at the expiration of three (3) years from the official termination date.

History of Section. P.L. 1939, ch. 661, § 11; P.L. 1941, ch. 1050, § 6; P.L. 1950, ch. 2456, § 1; P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-23 ; P.L. 1986, ch. 418, § 1; P.L. 1991, ch. 44, art. 69, § 1.

36-4-24. Removal of disqualified names from lists.

The personnel administrator may remove the name of any person from any list or lists who is physically so disabled as to be rendered unfit for performance of the required duties; or who is addicted to the use of narcotics or excessive use of intoxicating liquors; or who has been found guilty of any infamous or notoriously disgraceful conduct; or who has made false statement of material fact in his or her application; or who has terminated or retired from state service, except as provided under § 36-4-23.1 ; and those individuals who have had their certification notices returned with no forwarding address provided the notice was sent by certified mail.

History of Section. P.L. 1952, ch. 2975, § 13; G.L. 1956, § 36-4-24 ; P.L. 1987, ch. 556, § 1; P.L. 1990, ch. 313, § 1.

36-4-25. Designation of appropriate list for filling of vacancies.

The preferred reemployment list shall have precedence over all other lists for the filling of vacancies of comparable or less comparable positions in state service until the list is exhausted. Vacancies in positions in the classified service shall be filled as far as practicable by promotional appointments. Whenever a vacancy does exist in any position in the classified service, the appointing authority may choose to use either the employment, promotion, or reemployment list to fill the vacancy and shall request the personnel administrator to certify the names of persons eligible for appointment from the designated list; provided, however, that in the event of the reorganization of a department or division, or the abolishment of a position or positions in state service, any classified employee with permanent status affected thereby shall be placed in a comparable position within the department or division. If, however, placement within the department or division is not possible, then the affected employee shall be placed in a comparable position elsewhere in state service. Whenever a position is allocated or reallocated upward, the classified employee with permanent status holding that position shall be given an opportunity to qualify for the allocated or reallocated position by taking a qualifying examination and shall be placed on leave of absence from the old position until the employee has gained status or failed to qualify for the position.

History of Section. P.L. 1939, ch. 661, §§ 12, 14; P.L. 1941, ch. 1050, §§ 8, 9; P.L. 1952, ch. 2975, § 14; P.L. 1955, ch. 3527, § 1; G.L. 1956, § 36-4-25 ; P.L. 1965, ch. 234, § 1; P.L. 1986, ch. 418, § 2.

36-4-26. Certification and appointment to positions in classified service.

If the appointing authority has designated the employment list, the personnel administrator shall immediately certify the names of the six (6) persons standing highest thereon who are available for appointment, if there are as many as six (6) names thereon, or all the names on the list if there are less than six (6). If any of the eligibles notifies the personnel administrator that he or she is unavailable for appointment, another name shall be certified to the appointing authority. The appointing authority shall appoint one of the persons so certified to the position from the appropriate list, or in accordance with the special certification provided for in § 36-4-26.1 of this chapter. If he or she has designated the promotional list, certification shall be made in the manner prescribed for the employment list. If he or she has designated the reemployment list, the names of all available eligibles on the list shall be certified to him or her for appointment. He or she may choose from any of the names so certified. If there are as many as three (3) available eligibles certified from an employment list, a promotion list, or a reemployment list, the appointing authority shall make an appointment from one of these lists. If there are less than three (3) available eligibles certified from any of these lists, the appointing authority may choose to appoint one of the persons so certified. If the appointing authority decides not to make an appointment from any of the names so certified when there are less than three (3) available eligibles, the personnel administrator shall certify the names of three (3) available eligibles from any list which he or she shall declare to be appropriate and the appointing authority shall appoint one of the persons so certified. If there are less than three (3) available eligibles certified from an appropriate list, the appointing authority may elect to appoint one of the names so certified or may make a temporary appointment of some other person as hereinafter provided. Whenever the personnel administrator is requested to certify names to fill more than one vacancy in a given class, he or she shall certify to each of the appointing authorities concerned one additional name for each additional vacancy.

History of Section. P.L. 1939, ch. 661, §§ 12, 14; P.L. 1941, ch. 1050, §§ 8, 9; P.L. 1952, ch. 2975, § 14; P.L. 1955, ch. 3527, § 1; G.L. 1956, § 36-4-26 ; P.L. 1994, ch. 133, § 8.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 133 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

Cross References.

Board of regents, commissioner of education or state colleges and universities, approval of director of administration required, § 42-11-2.1 .

36-4-26.1. Supplemental certification in the civil service — Expanded certification for equal opportunity and affirmative action.

  1. To eliminate the overall adverse impact of systemic barriers to the employment of minorities as a protected class, the office of personnel administration shall provide all appointing authorities the necessary flexibility to remedy the effects of systemic discriminatory practices. Supplemental certification does not guarantee employment of protected classes. It guarantees the appointing authority increased opportunities, where possible, to appoint qualified employees from an expanded eligibility list whenever a department can demonstrate that there is statistical underrepresentation based on demographic analysis, otherwise called a “manifest imbalance” elsewhere in this chapter.
  2. Wherever a manifest imbalance exists, as substantiated by the appointing authority and certified by the equal opportunity administrator in conjunction with the state personnel administrator, a supplemental certification list of minorities may be called for in addition to the appropriate employment or promotion list, except in the following instances:
    1. The absence of statistical data or reasonable evidence to show significant past discrimination, patterns of possible discrimination, and/or adverse impact on the protected classes;
    2. The presence of at least one minority ranked among the three (3) persons standing highest on the list of persons certified by the personnel administrator for the position in question;
    3. The absence of any minorities on the appropriate eligibility list; or
    4. Any instance in which the department or agency is subject to a contradictory or inconsistent court order.
  3. Supplemental certifications based on race or color as a protected class shall be made by an appointing authority whenever:
    1. The appointing authority shall make requisition to fill one or more positions included in the appointing authority’s affirmative action plan on file with the equal opportunity administrator;
    2. The equal opportunity administrator has made a written determination substantiating that previous practices of the department and/or of the appointing authority with respect to the filling of the position or positions have discriminated against minorities in contravention of any provision of the Constitution of the United States or the Constitution of Rhode Island, title VII of the federal Civil Rights Act of 1964 (42 U.S.C. § 2000e) or any other federal or state statute; and
    3. Eligible minorities have passed an examination for the classification being recruited and/or other list deemed appropriate by the personnel administrator.
  4. At least seven (7) days prior to certifying names under this section, the appointing authority shall post a notice of intention to do so in the offices of the personnel administrator and of the equal opportunity administrator, and shall mail a copy of the notice to the applicable union, if any, with instructions to post copies of the notice at all locations where persons whose names may be certified under the provisions of this section may, if employed, be assigned.
  5. In certifying names for appointment to a classification for which supplemental certification is required, the personnel administrator shall include upon the applicable list the names of six (6) persons certified pursuant to this section.

History of Section. P.L. 1994, ch. 133, § 9.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 133 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

In 2021, “and Providence Plantations” was deleted following “Constitution of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

36-4-27. Unlawful procurement of waiver or withdrawal.

An appointing authority or other person who shall procure the signing of a waiver or otherwise induce an eligible to withdraw his or her name through fraud, misrepresentation, duress, or promise shall be guilty of a misdemeanor.

History of Section. P.L. 1952, ch. 2975, § 14; P.L. 1955, ch. 3527, § 1; G.L. 1956, § 36-4-27 .

36-4-28. Probationary period.

All original appointments and promotional appointments to the classified service shall be for a probationary period of six (6) months, during which time the appointment authority shall report to the personnel administrator every sixty (60) days concerning the work of the employee and at the expiration of the probationary period unless the appointing authority files with the personnel administrator a statement in writing that the services of the employee during the probationary period have not been satisfactory and that it is not desired that he or she be continued in the service, he or she shall receive permanent status in this classification. Any employee may be dismissed by the appointing authority during the probationary period for reasons relating to the employee’s qualifications or for the good of the service stated by the appointing authority in writing and filed with the personnel administrator. The probationary period is further defined to be one hundred and thirty (130) days worked in the classified position to which the person has been appointed.

History of Section. P.L. 1939, ch. 661, § 12; P.L. 1952, ch. 2975, § 14; G.L. 1956, § 36-4-28 ; P.L. 1961, ch. 29, § 2; P.L. 1970, ch. 211, § 1; P.L. 1980, ch. 365, § 1.

NOTES TO DECISIONS

Effect of 1970 Amendment.

Where petitioner’s probationary period expired before the 1970 amendment which disposed of the requirement that certification requisite to retention be made and substituted a provision that an appointee acquires permanent status at the end of his probationary term unless the appointing authority advises the personnel administrator to the contrary, petitioner’s right to continue ended at the end of the six months’ period where certification had not been made. Bell v. Ford, 115 R.I. 480 , 348 A.2d 24, 1975 R.I. LEXIS 1174 (1975).

Collateral References.

Validity, construction and application of probationary provisions of civil service statutes or regulations. 131 A.L.R. 383.

36-4-29. Restoration to former position of promotional appointees dismissed during probation.

Any promotional appointee who is dismissed from the position to which he or she was promoted during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for his or her continuance in the position shall be restored to the position from which he or she was promoted even though it should be necessary to lay off a person holding his or her former position.

History of Section. P.L. 1939, ch. 661, § 14; P.L. 1941, ch. 1050, § 9; P.L. 1952, ch. 2975, § 14; G.L. 1956, § 36-4-29 .

36-4-30. Repealed.

History of Section. P.L. 1939, ch. 661, § 11; P.L. 1941, ch. 1050, § 7; P.L. 1952, ch. 2975, § 14; G.L. 1956, § 36-4-30 ; P.L. 1987, ch. 72, § 1; P.L. 1987, ch. 197, § 1; Repealed by P.L. 2007, ch. 332, § 2, effective July 6, 2007; P.L. 2007, ch. 435, § 2, effective July 6, 2007.

Compiler’s Notes.

Former § 36-4-30 concerned residency requirement for tenure in classified positions.

36-4-31. Temporary appointment when no list available.

    1. Whenever it is not possible to certify the required number of eligible persons for appointment to a vacancy in the classified service because no appropriate list exists, the appointing authority may nominate a person to the personnel administrator and if the nominee is found by the personnel administrator to have had experience and education that appear to qualify him or her for the position and meets such other requirements as are established by this chapter and the personnel rules, he or she may be temporarily appointed to fill the vacancy. All persons with temporary status who have been or who shall be temporarily appointed to those vacancies shall serve at the pleasure of the appointing authority or until removed in accordance with other provisions of this chapter. The personnel administrator shall within one year of the appointment of the temporary appointee establish an appropriate list. In the event the personnel administrator has failed or fails to establish an appropriate list within one year of a temporary appointment, the temporary employee shall become a provisional employee until a suitable list is established, at which time the appropriate merit system laws, rules, and regulations shall apply.
    2. Whenever any provisional employee who is serving in a competitive branch position within the classified service completes five (5) consecutive years of satisfactory service, and the personnel administrator has failed to establish a timely appropriate list as required by subsection (a)(1) during that time, that provisional employee shall be deemed to have qualified for his or her position and shall be awarded permanent status, without the need of examination.
    3. When an appropriate list is established for a position held by a temporary or provisional appointee, the position shall be deemed to be vacant for the purposes of certification and appointment, and no salary or other compensation shall be paid to any temporary or provisional appointee for services in the position for more than fifteen (15) days after certification of at least three (3) available eligibles from the appropriate list.
  1. Any employee who holds temporary or provisional status for at least twelve (12) consecutive months in the class in which he or she is serving and who takes the appropriate examination for the position shall receive in addition to his or her test score five (5) additional points for each year of state service, which shall be added to his or her test score; provided, however, that in no case shall an employee receive credit for more than four (4) years of service. An employee who holds temporary provisional status for at least twelve (12) consecutive months in the class in which he or she is serving and is found to be reachable for certification to the position he or she holds shall be appointed to the position unless the appointing authority certifies to the personnel administrator that the individual’s service has been unsatisfactory.

History of Section. P.L. 1939, ch. 661, § 13; P.L. 1952, ch. 2975, § 16; G.L. 1956, § 36-4-31 ; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1984, ch. 208, § 6; P.L. 1985, ch. 181, art. 49, § 1; P.L. 2019, ch. 173, § 1; P.L. 2019, ch. 266, § 1; P.L. 2020, ch. 79, art. 2, § 19.

Compiler’s Notes.

P.L. 2019, ch. 173, § 1, and P.L. 2019, ch. 266, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Language Not Mandatory.

Language of this section relating to establishment of a list within one year of a temporary appointment is directory rather than mandatory. Parente v. Southworth, 448 A.2d 769, 1982 R.I. LEXIS 966 (R.I. 1982).

Time Limits.

This section, prior to the 1985 amendment, did not provide for automatic conversion to probationary status. The statute now specifically requires the appointing authority to act within 15 days of certification; if it fails to do so, then the eligible provisional employee will automatically become a probationary employee. If the appointing authority has another candidate for the position, or if it does not want to appoint the incumbent, then it must make another appointment within 15 days. Pilkington v. Personnel Appeal Bd., 582 A.2d 745, 1990 R.I. LEXIS 164 (R.I. 1990).

36-4-32. Emergency appointments.

In case of emergency, an appointing authority may request an emergency appointment of any person to any position without regard to provisions of this chapter to carry on work that must be continued in the public interest, but no such emergency appointment shall continue for more than thirty (30) working days in a twelve (12) month period nor shall successive emergency appointments be made. Approvals for these appointments shall be requested in writing in advance to the personnel administrator. The appointments must be approved by the personnel administrator and the state budget officer.

History of Section. P.L. 1939, ch. 661, § 13; P.L. 1952, ch. 2975, § 16; G.L. 1956, § 36-4-32 ; P.L. 1981, ch. 335, § 2.

36-4-33. War duration appointments.

Whenever in time of war a vacancy exists in any position in the classified service by reason of the position having been vacated by a person entering the armed forces of the United States or assigned to a position in a federal agency by action of the governor, the vacancy shall be filled in the manner prescribed in §§ 36-4-25 36-4-27 ; provided, however, that any appointment made to a position vacated by a person entering the armed forces of the United States in time of war shall be known as a “war duration appointment”; and any person appointed to that position shall, while he or she holds that position, be entitled to the same rights and privileges enjoyed by persons appointed to permanent positions except that those rights and privileges shall be limited by and subject to any existing prior rights of another employee on leave from that position even if the exercise of those prior rights shall result in the separation from the position of the person whose appointment bears the later date.

History of Section. P.L. 1939, ch. 661, § 13; P.L. 1943, ch. 1350, § 1; P.L. 1952, ch. 2975, § 16; G.L. 1956, § 36-4-33 .

36-4-34. Transfers within classified service.

An appointing authority may at any time transfer any classified employee under his or her jurisdiction from one position to another in the same class of position. In every such case the appointing authority shall give written notice of his or her action to the personnel administrator, according to the rules therefor prescribed. Transfer of a classified employee from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority may be made subject to rules established therefor, with the approval of the personnel administrator and of both appointing authorities concerned.

History of Section. P.L. 1939, ch. 661, § 15; P.L. 1952, ch. 2975, § 15; G.L. 1956, § 36-4-34 ; P.L. 1980, ch. 365, § 1.

Collateral References.

Acquiescence or delay as affecting rights of public employee illegally discharged, suspended, or transferred. 145 A.L.R. 767.

36-4-34.1. Transfer of state employees.

  1. The director of the department of administration (the “director”) is hereby authorized to transfer any employee within the executive branch who is not covered by a collective bargaining unit as provided in chapter 11 of this title. Any employee may be transferred to a comparable position upon the approval of the director of the department of administration and the personnel administrator. The transfers may be initially authorized for a period up to one year’s duration and may be further extended with the approval of the personnel administrator (the “personnel administrator”).
  2. Within seven (7) days of making a transfer of any employee or further extending the duration of a transfer, the director making the transfer or the personnel administrator extending the transfer shall file a written report with the speaker of the house, the senate president, and the chairpersons of the house and senate finance committees, for each employee to be transferred. This report shall include:
    1. The identity of the employee;
    2. The employee’s current work position and location, and the proposed new work position and location;
    3. The reason(s) for the employee transfer;
    4. The specific task(s) to be assigned to and completed by the transferred employee;
    5. An explanation of how the task(s) to be completed by the transferred employee relates to the mission of the transferee department, division, or agency; and
    6. The anticipated duration of the employee’s transfer.

History of Section. P.L. 1996, ch. 326, § 5; P.L. 2017, ch. 302, art. 5, § 6; P.L. 2019, ch. 88, art. 4, § 11.

Compiler’s Notes.

Section 7 of P.L. 1996, ch. 326, provides: “If any provision of this act or of any rule or regulation made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this act or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this act shall not affect the validity of the remainder of the act.”

36-4-35. Demotions.

An appointing authority may demote a classified employee under his or her jurisdiction from a position in a class to a position in a lower class, subject to the personnel rules therefor prescribed. In every case the appointing authority shall give the personnel administrator and the employee written notice of his or her intention to effect the demotion not less than fifteen (15) days before the date it is intended to become effective.

History of Section. P.L. 1939, ch. 661, § 15; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-35 .

36-4-36. Disciplinary suspensions.

An appointing authority may, for disciplinary purposes, suspend a classified employee without pay for a period or periods not exceeding a total of thirty (30) days in any twelve (12) month period. In every case the appointing authority shall on or before the effective date of the suspension, give written notice of his or her action to the employee and shall notify the personnel administrator not later than three (3) days after the effective date.

History of Section. P.L. 1939, ch. 661, § 16; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-36 .

Cross References.

Exemption of employees from Labor Relations Act, § 28-7-45 .

NOTES TO DECISIONS

Applicability.

It is the intention of the legislature that the merit-system laws not be applied in binding-arbitration cases. Rhode Island Council 94 v. State, 456 A.2d 771, 1983 R.I. LEXIS 814 (R.I. 1983).

Collateral References.

Debts, failure of public employee to pay creditors on claims not related to his position, as ground for his removal or suspension. 127 A.L.R. 495.

36-4-37. Layoffs — Preference for retention or reemployment.

An appointing authority may lay off a classified employee whenever he or she deems it necessary because of a material change in duties or organization, or shortage or stoppage of work or funds. In every case of layoff, the appointing authority shall, before the effective date of the layoff, give written notice of his or her action to the personnel administrator and the employee and shall certify that consideration has been given to length and quality of service of all employees in the affected class under his or her jurisdiction. No employee with full status shall be laid off while probational, provisional, or temporary employees are employed by the same appointing authority in the same class of positions. No probationary employee shall be laid off while provisional or temporary employees are employed by the same appointing authority in the same class of positions. No provisional employee shall be laid off while temporary employees are employed by the same appointing authority in the same class of positions. Nor shall any temporary appointment be made to any position in the class by the appointing authority while any employee who has been laid off by the appointing authority is available for certification from a reemployment list. Any person who has held full status and who has been laid off shall have his or her name placed on the appropriate reemployment list.

History of Section. P.L. 1939, ch. 661, § 16; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-37 ; P.L. 1962, ch. 197, § 3.

NOTES TO DECISIONS

In General.

Based on the lack of language in R.I. Gen. Laws § 42-29-1 (a) that indicated that sheriffs appointed to 10-year terms thereunder could be laid off for fiscal reasons, as was indicated for classified employees in R.I. Gen. Laws § 36-4-37 , “just cause,” as used in § 42-29-1 , does not refer to the fiscal distress of the employer; accordingly, the lay-off of sheriffs based on fiscal distress within the State was error, as such did not constitute just cause. Castelli v. Carcieri, 961 A.2d 277, 2008 R.I. LEXIS 125 (R.I. 2008).

Consolidation and Combination of Duties.

The provision inhibiting termination of employment of a full-status employee while temporary employees are employed in the same class of positions does not operate to prevent the personnel administrator from assigning to one class of position duties similar to those assigned to another class of position. It was not intended to restrict consolidation and combination of duties to secure the development of an efficient public service. Prete v. Parshley, 99 R.I. 172 , 206 A.2d 521, 1965 R.I. LEXIS 412 (1965).

Collateral References.

Suspending or laying off public employees temporarily, without pay, as an economy and not a disciplinary measure. 111 A.L.R. 432.

36-4-38. Dismissal.

A classified employee with temporary status may be dismissed at the pleasure of an appointing authority under the provisions of § 36-4-31 . A classified employee with provisional or probationary status may be dismissed for reasons relating to the employee’s qualifications or for the good of the service. A classified employee with permanent status may be dismissed by an appointing authority whenever he or she considers the good of the service to be served thereby, stated in writing, with full and sufficient reason, and filed with the personnel administrator. Any removal or separation of an employee from the classified service not otherwise provided for in this chapter shall be deemed to be a dismissal. In every case of dismissal, the appointing authority shall on or before the effective date thereof give written notice of this action and the reason therefor to the employee and shall file a copy of the notice with the personnel administrator not later than three (3) days after the effective date.

History of Section. P.L. 1939, ch. 661, § 16; P.L. 1941, ch. 1050, § 10; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-38 ; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3.

NOTES TO DECISIONS

Constitutionality.

There was no contractual relationship between the state and temporary employees appointed under § 36-4-31 before amendment of this chapter by P.L. 1961, ch. 29; therefore, added provisions permitting dismissal of temporary employees was not unconstitutional. Rounds v. Parshley, 94 R.I. 99 , 178 A.2d 444, 1962 R.I. LEXIS 38 (1962).

At-Will Employees.

Permanent unclassified employees and temporary classified employees serve as at-will employees. Landry v. Farmer, 564 F. Supp. 598, 1983 U.S. Dist. LEXIS 17075 (D.R.I. 1983).

Good of the Service.

The phrase “good of the service” in this section requires the appointing authority to establish that dismissal was based on substantial grounds. Aniello v. Marcello, 91 R.I. 198 , 162 A.2d 270, 1960 R.I. LEXIS 75 (1960).

The failure of a senior civil engineer in the board of works to maintain adequate records of loans of state materials is a substantial ground and cause for dismissal “for the good of the service” under this section. Hardman v. Personnel Appeal Bd., 100 R.I. 145 , 211 A.2d 660, 1965 R.I. LEXIS 364 (1965).

Temporary Employees.

Temporary unclassified employees are not hired for a fixed term, and their dismissal does not constitute a breach of contract. Landry v. Farmer, 564 F. Supp. 598, 1983 U.S. Dist. LEXIS 17075 (D.R.I. 1983).

The fact that the applicable personnel rules limited the tenure of temporary unclassified employees to six months does not provide a sufficient basis for concluding that these employees could be dismissed only for cause during that period. Landry v. Farmer, 564 F. Supp. 598, 1983 U.S. Dist. LEXIS 17075 (D.R.I. 1983).

An employee in the classified service, although a temporary employee, is not subject to summary dismissal. Aniello v. Marcello, 91 R.I. 198 , 162 A.2d 270, 1960 R.I. LEXIS 75 (1960).

Collateral References.

Discharge of probationer. 131 A.L.R. 396.

Effect of conviction under federal law or law of another state or county, on right to vote or hold public office. 39 A.L.R.3d 303.

Marriage as ground for discharge of one employed in public service other than as teacher. 135 A.L.R. 1346.

Power of civil service body on own motion and without notice or hearing to reconsider, modify, vacate, or set aside order relating to dismissal of employee. 16 A.L.R.2d 1126.

Pre-employment conduct as ground for discharge of civil service employee having permanent status. 4 A.L.R.3d 488.

Public employee, dismissal of, for bringing or defending action affecting personal rights or liabilities. 74 A.L.R. 500.

36-4-39. Retirement or transfer to light duty.

When an employee has become physically or mentally incapable of or unfit for the efficient performance of the duties of his or her position by reason of infirmities due to advanced age or other disability, it shall be the duty of the appointing authority to transfer the employee to less arduous duties or to order his or her retirement. The appeal procedure established for dismissals shall apply to retirements ordered under authority of this section.

History of Section. P.L. 1939, ch. 661, § 16; P.L. 1952, ch. 2975, § 17; G.L. 1956, § 36-4-39 .

Cross References.

Exemption from temporary disability insurance law, § 28-39-3 .

NOTES TO DECISIONS

Applicability.

Where the competent evidence in the record showed that although the petitioner was classified as a senior clerk typist, her duties, after an injury and because of her complaints about the effects of such injury, were changed, the trial court did not err in concluding that this section was not material to the circumstances. Hamaker v. Gagnon, 110 R.I. 709 , 297 A.2d 351, 1972 R.I. LEXIS 970 (1972).

36-4-40. Appeal from administrator to administrator of adjudication.

Any person with provisional, probationary, or permanent status who feels aggrieved by an action of the personnel administrator may, within ten (10) calendar days of the mailing of the notice of that action, make a request in writing for an appeal hearing to the administrator of adjudication for the department of administration, and be heard within fourteen (14) calendar days of receipt of the appeal request.

History of Section. P.L. 1952, ch. 2975, § 18; G.L. 1956, § 36-4-40 ; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1980, ch. 188, § 1.

36-4-40.1. Administrator of adjudication — Duties.

The administrator of adjudication or his or her designee shall hear all appeals from decisions of the personnel administrator as provided in this chapter and chapter 3 of this title. The administrator of adjudication shall hear such other appeal requests as may be provided by law or as authorized by the director of the department of administration.

History of Section. P.L. 1980, ch. 188, § 3.

36-4-40.2. Hearings — Appeals.

  1. Immediately upon receipt of a written appeal request, the administrator of adjudication shall send a notice to all parties involved, pursuant to § 42-35-9 . Hearings shall be held in an informal manner. However, the rules of evidence shall be followed whenever possible and a record of all hearings shall be made, either stenographically or by mechanical recording means.
  2. The administrator of adjudication shall, within twenty (20) calendar days of the hearing, render a decision in writing stating all pertinent facts and issues presented at the hearing, which decision shall contain findings of fact and conclusions of law, separately stated.
  3. Parties shall be notified either personally or by mail of the decision. Upon request, a copy of the decision shall be delivered or mailed forthwith to each party and to his or her attorney of record.
  4. A copy of a decision and transcript of a hearing shall be forwarded to the personnel appeal board when an appeal is taken. The cost of a transcript so supplied shall be borne by the appellant.

History of Section. P.L. 1980, ch. 188, § 3.

36-4-41. Appeal from administrator of adjudication to appeal board.

Any person with provisional, probationary, or permanent status who feels aggrieved by a decision of the administrator of adjudication may, within thirty (30) calendar days of the rendering of a decision, request in writing for the personnel appeal board to review the decision or conduct a public hearing. Within thirty (30) calendar days of the receipt of the request, the personnel appeal board shall make a report of its findings and recommendations to the governor based upon the decisions of the administrator of adjudication or the testimony taken at a hearing. Copies of the report shall be forwarded to the office of labor relations within the department of administration and to the office of the administrator of adjudication. Within fifteen (15) calendar days of the receipt of the report, the governor shall make his or her decision and so notify the appellant, the personnel appeal board, administrator of adjudication, and the office of labor relations.

History of Section. P.L. 1952, ch. 2975, § 18; G.L. 1956, § 36-4-41 ; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1977, ch. 64, § 1; P.L. 1980, ch. 188, § 1; P.L. 1987, ch. 212, § 1.

Cross References.

Discrimination, appeal to appeal board, § 36-3-10 .

36-4-42. Appeal from appointing authority to appeal board.

Any state employee with provisional, probationary, or permanent status who feels aggrieved by an action of an appointing authority resulting in a demotion, suspension, layoff, or dismissal or by any personnel action which an appointing authority might take which causes the person to believe that he or she had been discriminated against because of his or her race, sex, age, disability, or his or her political or religious beliefs, may, within thirty (30) calendar days of the mailing of the notice of that action, appeal in writing to the personnel appeal board for a review or public hearing. Within thirty (30) days after conclusion of the hearing the personnel appeal board shall render a decision and shall notify the affected employee and other interested parties of the decision which may confirm or reduce the demotion, suspension, layoff, or dismissal of the employee or may reinstate the employee and the board may order payment of part or all of the salary to the employee for the period of time he or she was demoted, suspended, laid off, or dismissed. The decision of the board shall be final and binding upon all parties concerned, and upon the finding of the personnel administrator, or upon appeal, in favor of the employee, the employee shall be forthwith returned to his or her office or position without loss of compensation, seniority, or any other benefits he or she may have enjoyed, or under such terms as the appeal board shall determine. The employee who is returned to his or her office or position by the appeal board following a review or public hearing shall be granted by the state of Rhode Island counsel fees, payable to his or her representative counsel, of fifty dollars ($50.00) for each day his or her counsel is required to appear before the appeal board in the behalf of the aggrieved employee.

History of Section. P.L. 1952, ch. 2975, § 18; P.L. 1954, ch. 3324, § 1; P.L. 1955, ch. 3605, § 1; G.L. 1956, § 36-4-42 ; P.L. 1961, ch. 29, § 2; P.L. 1962, ch. 197, § 3; P.L. 1967, ch. 86, § 1; P.L. 1969, ch. 126, § 1; P.L. 1975, ch. 185, § 1; P.L. 1977, ch. 64, § 1; P.L. 1986, ch. 104, § 1; P.L. 1992, ch. 212, § 2; P.L. 1997, ch. 150, § 10.

NOTES TO DECISIONS

Constitutionality.

There was no contractual relationship between the state and temporary employees appointed under § 36-4-31 before amendment of this chapter by P.L. 1961, ch. 29; therefore, added provision limiting right of appeal to persons having probationary or permanent status was not unconstitutional. Rounds v. Parshley, 94 R.I. 99 , 178 A.2d 444, 1962 R.I. LEXIS 38 (1962).

Finality of Appeal Board Decision.

In light of the judicial review provisions of the Administrative Procedures Act, § 42-35-1 et seq., the provision of this section that a decision of the appeal board is “final and binding” is now meaningless rhetoric. Rohrer v. Ford, 425 A.2d 529, 1981 R.I. LEXIS 1036 (R.I. 1981).

Inasmuch as the overriding purpose of merit-system legislation is the attainment of an efficient public service that will benefit the people as a whole, an agency director, as a representative of the people, has standing to seek a superior court review of an adverse appeal board decision. Rohrer v. Ford, 425 A.2d 529, 1981 R.I. LEXIS 1036 (R.I. 1981).

Nature of Review.

Where petitioner and counsel conferred with the court of appeals and at such meeting a thorough examination was made of the circumstance surrounding the dismissal of the appeal, the review thus made constituted a substantial compliance with the terms of this section even though no public hearing was held. Masyk v. Parshley, 94 R.I. 282 , 180 A.2d 314, 1962 R.I. LEXIS 70 (1962).

Parallel Actions.

The Personnel Appeal Board of the state of Rhode Island had complete jurisdiction to consider all of the employee’s claims of discrimination, racial and retaliatory, and its decision was final except for appeal to the superior court through the Administrative Procedure Act. The parallel litigation before the Rhode Island Commission for Human Rights should have terminated upon the filing of the decision by the Personnel Appeal Board. Department of Corrections v. Tucker, 657 A.2d 546, 1995 R.I. LEXIS 108 (R.I. 1995).

Persons Entitled to Appeal.

A temporary employee in the classified service is entitled to appeal an action of dismissal. Aniello v. Marcello, 91 R.I. 198 , 162 A.2d 270, 1960 R.I. LEXIS 75 (1960) (decided prior to 1961 amendment).

If a suspended or dismissed unclassified employee alleges that he or she was discriminated against because of race, sex, age, physical handicap or political or religious beliefs, the employee is entitled to have that action reviewed by the personnel appeal board; however, it was the legislative intent that unclassified employees serve at the pleasure of their appointing authority absent an allegation of discrimination and their suspension or dismissal cannot be construed as a “contested case” within the meaning of § 42-35-1 . Lynch v. Gontarz, 120 R.I. 149 , 386 A.2d 184, 1978 R.I. LEXIS 650 (1978).

A nonclassified state employee may not appeal his termination of employment to the appeal board. Rhode Island Bd. of Governors for Higher Educ. v. Newman, 688 A.2d 1300, 1997 R.I. LEXIS 103 (R.I. 1997).

Reinstatement.

Where finding of personnel appeal board was in favor of the petitioner seeking reinstatement, the respondent has a mandatory duty to return the petitioner to his position which may be enforced by mandamus. Aniello v. Marcello, 91 R.I. 198 , 162 A.2d 270, 1960 R.I. LEXIS 75 (1960).

Under this section as amended in 1955 and prior to the 1961 amendment, the board was only authorized to pass on the merits of the appeal and had no authority to determine the period of time to which petitioner was entitled to be reinstated; therefore, when this section was amended in 1961 subsequent to the appeal, but prior to the hearing, the board, which made a finding that petitioner was entitled to be reinstated, had no further power to provide that such reinstatement should terminate on the effective date of the 1961 amendment to this section. Shippee v. Parshley, 94 R.I. 505 , 182 A.2d 126, 1962 R.I. LEXIS 108 (1962).

Right to Compensation for Wrongful Discharge.

A petitioner’s wrongful discharge created a right to compensation in the amount prescribed by law at the time of discharge, which a subsequent amendment could not impair. Cipriano v. Personnel Appeal Bd., 114 R.I. 141 , 330 A.2d 71, 1975 R.I. LEXIS 1389 (1975).

Collateral References.

Pre-emption of wrongful discharge cause of action by civil rights laws. 21 A.L.R.5th 1.

36-4-43. Conditions of service.

Conditions of service such as hours of work, attendance regulation, overtime, holidays, pay plan regulation, and leave regulation shall be prescribed by the personnel rules.

History of Section. P.L. 1939, ch. 661, § 17; P.L. 1952, ch. 2975, § 19; G.L. 1956, § 36-4-43 .

36-4-44. Training programs.

The personnel administrator shall cooperate with appointing authorities and other supervising officials in the conduct of employee training programs to the end that the quality of service rendered by persons in the classified service may be continually improved.

History of Section. P.L. 1939, ch. 661, § 18; P.L. 1952, ch. 2975, § 20; G.L. 1956, § 36-4-44 .

36-4-45. Repealed.

History of Section. P.L. 1939, ch. 661, § 18; P.L. 1952, ch. 2975, § 20; G.L. 1956, § 36-4-45 ; Repealed by P.L. 1984, ch. 208, § 2, effective May 8, 1984.

Compiler’s Notes.

Former § 36-4-45 concerned service rating system.

36-4-46. Reports of changes in status of employees.

Every appointment, transfer, promotion, dismissal, vacancy, change of salary rate, leave of absence, absence from duty, and other temporary or permanent change in status of employees in both the unclassified service and the classified service shall be reported to the personnel administrator at such time, in such form, and together with such supporting or pertinent information as the personnel rules shall prescribe.

History of Section. P.L. 1939, ch. 661, § 19; P.L. 1952, ch. 2975, § 21; G.L. 1956, § 36-4-46 .

36-4-47. Personnel roster and records — Tabulation and analysis of data.

The personnel administrator shall maintain a perpetual roster of all officers and employees in the unclassified and classified services and all persons from other departments or agencies of the state which receive funds from the state showing for each person the title of the position held, the position number, his or her departmental or other agency assignment, his or her salary rate, date of appointment, complete employment history, and other such data as the personnel administrator deems pertinent. The personnel administrator shall also maintain other such personnel records as he or she considers desirable, and shall make available to the governor, the legislature, the director, department and institution executives, and other persons having a proper interest therein, tabulations and analyses of such personnel data as he or she has available. A similar perpetual roster shall also be maintained showing for each person named the title of the position held, the position number, his or her departmental or other agency assignment, his or her salary rate and date of employment which shall be made available for public inspection at the request of any person.

History of Section. P.L. 1939, ch. 661, § 19; P.L. 1952, ch. 2975, § 21; G.L. 1956, § 36-4-47 ; P.L. 1972, ch. 210, § 1; P.L. 1981, ch. 335, § 2; P.L. 1986, ch. 107, § 1.

36-4-48. Certification of payrolls and accounts.

All payrolls for the payment of a salary or other compensation for personal services shall contain the names of every person to be paid and shall be certified to the state controller by the appointing authority or his or her duly authorized agent to the effect that the persons named on the payroll or account have been appointed or employed or otherwise established in their positions according to the provisions of law and that the payroll is in conformity with the merit system act and existing state personnel rules.

History of Section. P.L. 1939, ch. 661, § 20; P.L. 1952, ch. 2975, § 22; G.L. 1956, § 36-4-48 ; P.L. 1964, ch. 99, § 1.

36-4-49. Recovery of unlawful payments.

Any payment violating the provisions of the pay plan or the rules pertaining thereto, made to a person appointed or established in his or her position in a manner contrary to the provisions of this chapter, may be recovered from the appointing authority, or any officer or person making the payment, whoever is culpable, or from the sureties on the official bond of that officer or person. Action for the recovery may be maintained by the director, any officer, or employee of the state service, or any citizen of the state. All money recovered under this section shall be paid into the state treasury and credited to the general fund.

History of Section. P.L. 1939, ch. 661, § 20; P.L. 1952, ch. 2975, § 22; G.L. 1956, § 36-4-49 .

36-4-50. Merit as basis — Discrimination prohibited.

Except as provided in § 36-4-50.1 , the determinations of eligibility for appointments, promotions, and demotions in and dismissals from the classified service shall be based solely upon merit, regardless of race, color, religion, sex, age, disability, country of origin, or ancestral origin, consistent with collective bargaining agreements, and consistent with title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

History of Section. P.L. 1939, ch. 661, § 21; P.L. 1952, ch. 2975, § 23; G.L. 1956, § 36-4-50 ; P.L. 1975, ch. 185, § 2; P.L. 1991, ch. 149, § 5; P.L. 1991, ch. 280, § 3; P.L. 1991, ch. 323, § 5; P.L. 1997, ch. 150, § 10.

Cross References.

Discrimination in private employment, § 28-5-7 .

Collateral References.

Discrimination because of race, color, or creed in respect of appointment of public officers or employees. 130 A.L.R. 1512.

Labor law: right of public employees to strike or engage in work stoppage. 37 A.L.R.3d 1147.

Labor union’s right with respect to public employment. 31 A.L.R.2d 1142.

Union security arrangement in state public employment. 95 A.L.R.3d 1102.

36-4-50.1. Certification of select positions.

The personnel administrator in consultation with the equal employment opportunity administrator within the department of administration shall identify classes of positions within state government in which there exists a need for a particular linguistic background or skill. Service oriented departments of state, including, but not limited to, Rhode Island state police, labor and training, corrections, children, youth, and families, courts, human services, and transportation shall identify those positions that will best serve persons utilizing the services of the departments and notify the personnel administrator of those positions. Based on recognition by the aforementioned administrators that a need for employees with a specific linguistic background or skill exists in order to serve the client population, the personnel administrator is authorized during the initial hiring process to certify names from other than the top six names on a certified list as required by § 36-4-26 . The personnel administrator shall promulgate rules and regulations under the administrative procedures act to carry out the provisions of this section; furthermore, it is the legislative intent of the general assembly that the rules and regulations shall be promulgated with due regard to the linguistic background of the population to be served, to the specific requirements of this section, to other relevant provisions of this chapter, and to the terms of existing collective bargaining agreements.

History of Section. P.L. 1991, ch. 280, § 2.

36-4-51. Running for elective office by classified employee.

No classified employee or member of the personnel appeal board shall seek the nomination of or be a candidate for any elective state office; neither shall any state elective officer be appointed a member of the personnel appeal board or a classified employee unless he or she resigns his or her elective office.

History of Section. P.L. 1939, ch. 661, § 21; P.L. 1952, ch. 2975, § 23; G.L. 1956, § 36-4-51 ; P.L. 1980, ch. 365, § 1.

Cross References.

Authorization of state employees to hold municipal elective office, § 17-1-5.1 .

NOTES TO DECISIONS

Constitutionality.

Since this section prohibits classified employees from holding any elective office, including partisan, nonpartisan, state, federal and local office, it is overbroad under the first amendment of the United States Constitution.Martin v. State Bd. of Elections, 119 R.I. 556 , 381 A.2d 234, 1977 R.I. LEXIS 2057 (1977) (decision prior to 1980 amendment which changed the prohibition to any elective state office).

Since this section is unconstitutionally overbroad, it constitutes no impediment to a classified employee’s assuming office as a school committeeman. Martin v. State Bd. of Elections, 119 R.I. 556 , 381 A.2d 234, 1977 R.I. LEXIS 2057 (1977) (decision prior to 1980 amendment which changed the prohibition to any elective state office).

Collateral References.

Validity, construction, and effect of state statutes restricting political activities of public officers or employees. 51 A.L.R.4th 702.

36-4-52. Restrictions on political activities of classified employees.

No classified employee shall during working hours engage to any extent in any form of partisan politics except that he or she may attend and vote at any party caucus, primary, or election held during working hours. Outside of working hours a classified employee may attend any partisan political rally, club, or gathering and privately express his or her partisan political views but any further partisan political activity on his or her part shall be engaged in only in accordance with the personnel rules. A classified employee violating the provisions of §§ 36-4-50 36-4-54 , or of the personnel rules shall for a first offense be either demoted or dismissed and for a second offense dismissed. All charges of these violations shall be publicly heard by the personnel appeal board.

History of Section. P.L. 1939, ch. 661, § 21; P.L. 1952, ch. 2975, § 23; G.L. 1956, § 36-4-52 .

Collateral References.

Validity, construction, and effect of state statutes restricting political activities of public officers or employees. 51 A.L.R.4th 702.

36-4-53. Solicitation of political contributions.

No classified employee or member of the personnel appeal board shall solicit contributions for nor shall he or she be solicited to contribute to any political party or campaign. Every officer, agent, clerk, or employee under the government of the state who may have charge or control in any building, office, or room occupied for any purpose of the state government is hereby authorized to prohibit the entry of any person, and he or she shall not permit any person to enter the building, office, or room, for the purpose of therein making, collecting, receiving, or giving notice of any political assessment, subscription, or contribution, and no person shall enter or remain in that building, office, or room, or send or direct any letter or other notice thereto, for the purpose of giving notice of, demanding, or collecting a political assessment, subscription, or contribution, nor shall any person therein give notice of, demand, collect, receive, or pay the assessment, subscription, or contribution contrary to the provisions of this chapter.

History of Section. P.L. 1939, ch. 661, § 21; P.L. 1952, ch. 2975, § 23; G.L. 1956, § 36-4-53 .

Collateral References.

Subscriptions or contributions by public employees, construction of statutes prohibiting solicitation or acceptance of. 85 A.L.R. 1146.

Validity, construction, and effect of state statutes restricting political activities of public officers or employees. 51 A.L.R.4th 702.

36-4-54. Promise of influence to obtain favors in classified service.

No person who is a candidate for nomination or for election for any elective office shall seek to influence the vote of any person by promising to use political influence in obtaining for that person an appointment or promotion in the classified service.

History of Section. P.L. 1939, ch. 661, § 21; P.L. 1952, ch. 2975, § 23; G.L. 1956, § 36-4-54 .

36-4-55 — 36-4-55.2. Repealed.

History of Section. P.L. 1939, ch. 661, § 22; P.L. 1952, ch. 2975, § 26; G.L. 1956, § 36-4-55 ; P.L. 1984, ch. 285, §§ 1, 2; Repealed by P.L. 1987, ch. 195, § 2, effective June 25, 1987. For present provisions of law, see chapter 14 of this title.

Compiler’s Notes.

Former §§ 36-4-55 36-4-55 .2 concerned employee conduct, indictment, information, complaint, arraignment, or conviction of employees, and reports of testimonial proceeds intended for personal use.

36-4-56. Penalties for violations.

Any person violating any of the provisions of this chapter or chapter 3 of this title, or of the rules established in accordance with these chapters, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500) or be imprisoned for not more than sixty (60) days or both. Any person holding a position in the classified service so convicted shall be dismissed from the service immediately.

History of Section. P.L. 1939, ch. 661, § 28; P.L. 1952, ch. 2975, § 29; G.L. 1956, § 36-4-56 ; P.L. 1981, ch. 335, § 2.

36-4-57. Compliance with federal standards.

The provisions of this chapter, chapter 3 of this title, or of the personnel rules shall not apply in each instance where it is contrary to merit standards established by the federal government or any agency of the state where compliance with the merit standards is a condition precedent to the granting of federal funds to the state or any agency of the state.

History of Section. P.L. 1952, ch. 2975, § 30; G.L. 1956, § 36-4-57 .

36-4-58. Severability.

The provisions of this chapter and chapter 3 of this title shall be severable, and if any of the provisions shall be held to be invalid, the decision of the court respecting the provision or provisions shall not affect the validity of any other provisions which can be given effect without the invalid provisions. It is hereby declared to be the legislative intent that this chapter and chapter 3 would have been adopted by the general assembly had the invalid provisions not been included in this chapter.

History of Section. P.L. 1939, ch. 661, § 29; P.L. 1952, ch. 2975, § 31; G.L. 1956, § 36-4-58 .

36-4-59. Tenure in state service.

    1. Every person who shall have twenty (20) years, not necessarily consecutive, of service credit, the credits having been earned in either the classified, nonclassified, or unclassified service of the state or a combination of both, shall be deemed to have acquired full status in the position he or she holds at the time of obtaining twenty (20) years of service credit.
    2. For any other position he or she may hold subsequent to the time of obtaining twenty (20) years of service credit, the person, subject to a then existing list, is to be deemed to have acquired full status in the subsequent position and shall be protected by the provisions of this chapter, provided, however:
      1. That military service not to exceed four (4) years of active service shall constitute service credit within the meaning of this section;
      2. That in case of layoff or the abolition of a position through reorganization or otherwise, any person in that position or subject to layoff, who has full status, otherwise qualified under this section, shall be retained within the state services in a position of similar grade;
      3. That this section shall not apply to employees of the state government whose method of appointment and salary and term of office is specified by statute;
      4. That all employees otherwise qualified under this section shall be subject to all of the provisions of dismissal and appeal as elsewhere described in this chapter.
  1. This section shall not apply to those employees whose base entry date is after August 7, 1996.

History of Section. P.L. 1962, ch. 202, § 1; P.L. 1968, ch. 100, § 1; P.L. 1980, ch. 394, § 1; P.L. 1986, ch. 58, § 1; P.L. 1987, ch. 483, § 1; P.L. 1987, ch. 545, § 1; P.L. 1990, ch. 501, § 1; P.L. 1992, ch. 366, § 1; P.L. 1996, ch. 326, § 4.

Compiler’s Notes.

Section 7 of P.L. 1996, ch. 326, provides: “If any provision of this act or of any rule or regulation made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this act or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this act shall not affect the validity of the remainder of the act.”

Law Reviews.

2002 Survey of Rhode Island Law, see 8 Roger Williams U.L. Rev. 421 (2003).

NOTES TO DECISIONS

Clerk of the Supreme Court.

A clerk of the Supreme Court with twenty-five years or more of service credit in the state employees’ retirement system does not have permanent tenure of that office until he reaches sixty years of age. McCabe v. Kane, 101 R.I. 119 , 221 A.2d 103, 1966 R.I. LEXIS 362 (1966).

Effect of Full Status.

Achieving full status under the merit system provides state-government employees with a property right in the position and classification that they hold at the time they achieve full status, entitling such employees to due-process and just-compensation protections against any attempted elimination or alteration of their property rights. Wilkinson v. State Crime Lab. Comm'n, 788 A.2d 1129, 2002 R.I. LEXIS 20 (R.I. 2002).

When he achieved full status in 1988, the employee obtained a property interest in his continued employment with the state agency such that he was unable to be terminated from state service except for cause or be “reorganized” into a different limited-term classification without paying him just compensation for taking his protected property interest in his full-status employment; when the state agency declined to reappoint the employee to a limited-term position in 1996 and refused to retain him as a classified full-status state employee, it violated the merit system, which prohibited it from dismissing the employee from state service without cause to do so. Wilkinson v. State Crime Lab. Comm'n, 788 A.2d 1129, 2002 R.I. LEXIS 20 (R.I. 2002).

Executive director of the statewide judicial information system was not entitled to full status as executive director under the general statute, R.I. Gen. Stat. § 36-4-59 because the trumping-specific provision in R.I. Gen. Stat. § 8-15-4 stated that assistants to the court administrator served at the pleasure of the Chief Justice of the Rhode Island Supreme Court. Plunkett v. State, 810 A.2d 787, 2002 R.I. LEXIS 222 (R.I. 2002).

Legislative Branch Employees.

Section 36-4-2.1 , a later-enacted special provision that applies only to employees of the legislative branch, takes precedence over this section, a conflicting, earlier-enacted statute of general application covering all state employees. Gibbons v. State, 694 A.2d 664, 1997 R.I. LEXIS 130 (R.I. 1997).

An employee of the legislative branch is not entitled to the benefits and protections of the state’s merit system, including the full-status benefits enjoyed by nonexempt state employees with at least 20 years of service. Gibbons v. State, 694 A.2d 664, 1997 R.I. LEXIS 130 (R.I. 1997).

36-4-60. Delegation by appointing authority.

Whenever under the provisions of this chapter any action is permitted or required to be done by an appointing authority, the appointing authority may delegate the responsibility for the performance of that action to such subordinate officers or employees as he or she may see fit; provided, however, that no authority to discharge or otherwise terminate or suspend an employee shall be delegated to a subordinate officer or employee unless the subordinate officer or employee has previously been delegated the authority to hire or appoint employees of category similar to that employee.

History of Section. P.L. 1968, ch. 272, § 1.

36-4-61. Persons with disabilities — Special list of eligibles.

  1. The personnel administrator is authorized and empowered to prepare without examination special lists of eligible persons who have a severe physical and/or mental impairment and who are certified by the department of human services as being so impaired, capable, and adequately trained to qualify for an entrance level class of positions in the classified service. The administrator, in his or her discretion, may fix the maximum number of persons who may be placed on the special lists of eligibles.
  2. In order to qualify for permanent appointment to the classified service under subsection (a) of this section the person with a disability must:
    1. Have a severe physical and/or mental impairment or combination of impairments which resulted in an inability to obtain permanent employment under competitive rules;
    2. Have successfully demonstrated an ability to do a job under temporary appointment, for a period of five (5) months prior to their appointment to probationary status in the classified service; and
    3. Meet minimum qualification standards for the class of positions.

History of Section. P.L. 1976, ch. 73, § 1; P.L. 1981, ch. 335, § 2; P.L. 1992, ch. 212, § 2; P.L. 1997, ch. 150, § 10.

36-4-62. Pay incentive program.

There is hereby established a pay incentive program for all state employees except department heads, administrators, or any supervisors considered by the personnel administrator to be at the management level. Any state employee who submits recommendations or proposals to eliminate inefficiencies, duplication, or waste shall receive five percent (5%) of any savings realized up to a maximum of two thousand dollars ($2,000) which relate directly to the employee’s proposed change. The incentive pay shall be computed on the actual savings for a twelve (12) month period, the period to run from the time that the proposed change is instituted. The incentive pay shall be paid to the employee at the end of the twelve (12) month period in a lump sum from the budget account of the department that realized the savings and shall be in addition to the employee’s regular salary. Employees who qualify for the incentive pay shall receive the lump sum only for the first year’s savings and not for any subsequent years. The personnel administrator shall promulgate such rules as he or she may consider necessary, appropriate, or desirable to carry out the provisions of this section.

History of Section. P.L. 1979, ch. 180, § 1; P.L. 1982, ch. 150, § 1.

36-4-63. Sick leave and other leave — Effect of discharging upon overtime work and overtime compensation.

  1. For each discharge with pay of three (3) consecutive days of sick leave, an employee’s appointing authority shall require a physician’s certificate or other evidence satisfactory to the appointing authority. Sick leave is hereby defined to mean a necessary absence or absences from duty due to an employee’s illness, injury, or exposure to contagious disease. In the event that the required evidence satisfactory to the appointing authority is not presented by the employee prior to or upon the conclusion of that leave, no payment of any compensation to which the employee would otherwise be entitled shall be made and the employee shall be considered for all purposes as having been absent without leave.
  2. In any given pay period in the event that an employee discharges any sick leave or leave of a type referred to in subsection (a) of this section, either with pay or without pay, he or she shall be permitted to work overtime only after he or she has worked his or her full thirty-five (35) or forty (40) hours, whichever is appropriated for the job classification. This subsection shall also apply to leave without pay which is taken by an employee for purposes other than those purposes referred to in subsection (a) of this section excluding, specifically, planned vacation days, personal days, and leave for death in employee’s immediate family.
  3. Overtime, for purposes of this section, shall mean the performance of hours of work in any work week which are in excess of an employee’s established work week schedule, or when requested by the employer. Hours which are paid for but not actually worked except planned vacation days, personal days, jury duty, and leave for death in the employee’s immediate family shall not be counted as hours worked nor shall they otherwise be used in computing overtime compensation.
  4. The provisions of subsection (b) of this section shall not be applicable to employees in the nonstandard category.
  5. Notwithstanding other subsections of this section, an employee who is granted leave with or without pay for the purpose of fulfilling a military obligation shall be eligible to perform overtime work.
  6. Notwithstanding the provisions of any other law, it shall be unlawful for any state agency or any person or persons acting on behalf of the agency, to agree to, or enter into any agreement including a collective bargaining agreement or any amendment, modification, extension, or replacement thereof, whether verbal or written, which contains provisions that are inconsistent with the provisions of this section and the inconsistent provisions shall be null and void, whether the provisions result from agreement or the award of an arbitrator or arbitration panel under the provisions of chapter 11 of this title.

History of Section. P.L. 1983, ch. 167, art. 13, § 1; P.L. 1984, ch. 245, art. XIX, § 1; P.L. 1985, ch. 181, art. 46, § 1; P.L. 1986, ch. 383, § 1; P.L. 1987, ch. 218, § 1; P.L. 1988, ch. 558, § 1; P.L. 1998, ch. 258, § 1.

Compiler’s Notes.

P.L. 1983, ch. 167, art. 13, § 2, provides that this section supersedes any and all statutory provisions, rules or regulations that are inconsistent with it.

NOTES TO DECISIONS

Nondelegable Mandate.

Since a state official had no power to accede to the payment of overtime benefits via a method of computation that included paid sick-leave time being counted as hours worked, since both state law and the relevant collective bargaining agreement (CBA) had removed that from the bargaining table, neither he nor the human services agency had the power to modify the statutory obligations of the parties to the CBA and bind the state to a course of conduct that was illegal. State v. Rhode Island Alliance of Social Servs. Emples., Local 580, 747 A.2d 465, 2000 R.I. LEXIS 58 (R.I. 2000).

An arbitrator exceeded his authority by deciding an issue involving a nondelegable-nonmodifiable-statutory mandate for the human services department to exclude paid sick-leave hours when computing whether its employees were entitled to overtime compensation during any given pay period. State v. Rhode Island Alliance of Social Servs. Emples., Local 580, 747 A.2d 465, 2000 R.I. LEXIS 58 (R.I. 2000).

Overtime Computation.

The Superior Court correctly ruled that an arbitrator exceeded his authority by awarding overtime pay based on a computation which included sick-leave hours as hours worked, since such an award not only manifestly disregarded the applicable terms of the workers’ compensation statute, but also overrode those provisions in the parties’ own collective bargaining agreement that barred such a result. State v. Rhode Island Alliance of Social Servs. Emples., Local 580, 747 A.2d 465, 2000 R.I. LEXIS 58 (R.I. 2000).

36-4-64. Sick leave — Workers’ compensation.

  1. Whenever an employee shall be absent from his or her duties and is awaiting workers’ compensation benefits, he or she shall be granted sick leave in an amount not to exceed his or her regular compensation.
  2. Whenever an employee shall be absent from his or her duties and is receiving compensation as provided in the workers’ compensation laws, he or she shall be granted sick leave so that the total of his or her compensation as provided in the workers’ compensation laws and his or her deductions from sick leave shall not exceed eighty three and three tenths percent (83.3%) of his or her regular compensation. Deductions from accumulated credits shall be applied only to that part of his or her salary which is paid as an addition to workers’ compensation payments. Annual leave credits may be applied in the same manner. When the absence shall not be covered by sick leave or annual leave it shall be deemed to be leave without pay.

History of Section. P.L. 1986, ch. 397, § 1; P.L. 1989, ch. 126, art. 9, § 1.

NOTES TO DECISIONS

Effect of 1989 Amendment.

The 1989 amendment to this section, which limits the amount of combined sick leave and workers’ compensation benefits to 83.3% of a worker’s salary, is prospective in nature and not applicable to a collective-bargaining agreement negotiated prior to the effective date of the amendment. The successor agreement, however, which was negotiated after the effective date of the 1989 amendment, was subject to the 83.3 percent limitation. National Ass'n of Nurses, Local No. 79 v. State, 614 A.2d 782, 1992 R.I. LEXIS 186 (R.I. 1992).

36-4-65. Longevity benefits — Department of elementary and secondary education — Legislature.

Any person employed by the department of elementary and secondary education below pay grade 19 in other than faculty positions, on or before February 1, 1974, in the classified, unclassified, or nonclassified service, or who was a member of the body as constituted by § 22-1-1 or 22-2-1 , shall be eligible for longevity benefits, as defined in the personnel rules adopted in accordance with § 36-4-8 , upon employment in the nonclassified service within the department of elementary and secondary education.

History of Section. P.L. 1989, ch. 559, § 1.

Chapter 5 Military Service and Veterans

36-5-1. Separation pay of unclassified employees entering service.

Every employee holding a position in the unclassified service of the state, on or after August 8, 1940, who has left or shall leave that position by reason of entering the armed forces of the United States (whether through membership in the reserve of the United States military, air, or naval forces or in the Rhode Island national guard or naval reserve, or by reason of enlistment, induction, commission, or otherwise) and who has held a position in the state service for one hundred eighty (180) or more calendar days within the twelve (12) months next preceding that entrance into the armed forces, is entitled to and is hereby granted sixty (60) calendar days separation pay commencing with the time of leaving that position for that purpose. Every such employee shall be paid by the state the same amount as he would have received had he or she not been absent from his or her position in the unclassified service.

History of Section. P.L. 1943, ch. 1320, § 1; G.L. 1956, § 36-5-1 .

Cross References.

Municipal employees in military or naval service, continuance on payroll, § 30-11-1 .

Teachers’ tenure, effect of military service, § 16-13-7 .

War duration appointments in classified service, § 36-4-33 .

Comparative Legislation.

Veterans’ preference:

Conn. Gen. Stat. § 5-224.

Mass. Ann. Laws ch. 31, § 26.

36-5-2. Rights of employees entering service after both classified and unclassified service.

Every employee holding a position in the classified service of the state, on or after August 8, 1940, who has left or shall leave that position by reason of entering the armed forces of the United States (whether through membership in the reserve of the United States military, air, or naval forces or in the Rhode Island national guard or naval reserve, or by reason of enlistment, induction, commission, or otherwise) and who has held a position in the classified service for less than one hundred eighty (180) days, but who has also held a position in the unclassified service, so that the cumulative service, both classified and unclassified, aggregates one hundred eighty (180) or more calendar days within the twelve (12) months next preceding entrance into the armed forces, is entitled to and is hereby granted the same rights of leave, payment of salary, accrual of sick leave and annual leave, and of return to his or her position under the same conditions as an employee whose entire one hundred eighty (180) days or more are or were in the classified service.

History of Section. P.L. 1943, ch. 1320, § 2; G.L. 1956, § 36-5-2 .

Collateral References.

Public officers or employees in civil service, constitutionality, construction and application of statutes concerning status and rights of, while performing military or naval duty. 134 A.L.R. 919.

Reemployment of discharged serviceman. 167 A.L.R. 124, 29 A.L.R.2d 1279.

36-5-2.1. Rights of employees entering service to maintain health care benefits.

Every employee holding a position in the classified or unclassified service, who has left or shall leave the position by reason of entering the armed forces of the United States (whether through membership in the reserve of the United States Military or Naval Forces or in the Rhode Island National Guard or Naval Reserves, when any of the foregoing units are called to active federal or state duty, or by reason of enlistment, induction commission or otherwise), and who has held a position in the classified or unclassified service for one hundred eighty (180) or more calendar days within the twelve (12) months next preceding entrance into the armed services, and who at the time of entrance into the armed services had family medical benefits, shall continue to be eligible to receive family medical benefits, in the same manner as available prior to entering service, for designated family members, excluding the employee, during the duration of his or her absences required by the continuance of service in the armed services and his or her return to classified or unclassified service. Nothing in this section, however, shall require the employee to continue family medical benefits provided by the state of Rhode Island or prevent the employee from enrolling in or receiving medical benefits from another source of health insurance coverage including the federal medical benefits program for deployed members of the armed services.

History of Section. P.L. 2004, ch. 348, § 1; P.L. 2004, ch. 395, § 1.

36-5-3. Retirement or pension credit for period in military service.

Whenever any employee of the state, or of any city, town, or political subdivision thereof, has been, is now, or shall be on a leave of absence from that employment because of service in the armed forces of the United States of America during any war in which the United States has been, is now, or shall be engaged, the leave of absence shall be construed as continuous employment for retirement pension and prescribed rights or benefits in any established retirement system or pension fund by whatever name called, as though the employee had not been on a leave of absence. The employee shall be entitled to all the rights, protections and privileges offered under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Title 38 U.S. Code, §§ 4301 — 4333 (38 U.S.C. 4301 — 4333) as those sections apply to retirement or pension benefits.

History of Section. P.L. 1944, ch. 1383, § 1; P.L. 1948, ch. 2018, § 2; G.L. 1956, § 36-5-3 ; P.L. 1972, ch. 253, § 1; P.L. 1981, ch. 348, § 1; P.L. 2005, ch. 293, § 1; P.L. 2005, ch. 304, § 1.

Cross References.

Disability compensation protected, § 35-4-10 .

Extension to veterans of undeclared wars or campaigns, § 30-22-3 .

Teachers’ retirement, service credit, § 16-16-5 et seq.

36-5-4. Retirement credit provision supplementary.

Section 36-5-3 shall be deemed to prevail as being in addition to chapters 8 to 10, of this title and any other existing retirement law for any city, town or political subdivision thereof.

History of Section. P.L. 1944, ch. 1383, § 2; G.L. 1956, § 36-5-4 .

36-5-5. Examinations for veterans’ employment representatives.

Whenever examinations are held in the state civil service for the classified position of veterans’ employment representative, these examinations shall be open only to honorably discharged veterans of all wars.

History of Section. P.L. 1948, ch. 2000, § 1; G.L. 1956, § 36-5-5 .

Cross References.

Extension to veterans of undeclared wars or campaigns, § 30-22-3 .

36-5-6. Veterans’ point credits.

  1. While the examinations shall be limited to honorably discharged veterans of all wars, regulations of the director of administration, as applied to disabled veterans, shall be applicable to this position, that is, disabled veterans will receive ten (10) point credits and nondisabled veterans five (5) point credits.
  2. “Veteran” is defined herein as any man or woman who has been engaged heretofore, is now, or may hereafter be engaged in the active service of the armed forces of the United States with a minimum of ninety (90) days of active duty time served during any declared war, undeclared war, Korean campaign, conflict in Vietnam or any war, campaign or conflict which the armed forces of the United States of America actively engages in and for which service a campaign ribbon or expeditionary medal was earned.

History of Section. P.L. 1948, ch. 2000, § 2; impl. am. P.L. 1952, ch. 2975, § 8; G.L. 1956, § 36-5-6 ; P.L. 1995, ch. 305, § 2.

36-5-7. State employees — Veterans.

  1. Any person who is an honorably discharged veteran of the armed forces of the United States and who has completed fifteen (15) or more years, not necessarily consecutive of service credit, those credits having been earned in either the classified, nonclassified, or unclassified service of the state or a combination of both, shall be deemed to have acquired full status in the position he or she holds at the time of obtaining fifteen (15) years of service credit. For any other position he or she may hold subsequent to the obtaining fifteen (15) years of service credit, the person, subject to a then existing list, shall be deemed to have acquired full status in the subsequent position and shall be protected by the provisions of this chapter; providing, however:
    1. That military service not to exceed four (4) years of active service shall constitute service credit within the meaning of this section;
    2. That in case of layoff or the abolition of a position through reorganization or otherwise, any person in that position or subject to layoff, who has full status, otherwise qualified under this section, shall be retained within the state services in a position of similar grade;
    3. That this section shall not apply to employees of the state government whose method of appointment, salary, and term of office is specified by statute;
    4. That all employees otherwise qualified under this section shall be subject to all of the provisions of dismissal and appeal as elsewhere described in this chapter.
  2. This section shall not apply to those employees whose base entry date is after August 7, 1996.

History of Section. P.L. 1990, ch. 375, § 2; P.L. 1992, ch. 366, § 2; P.L. 1996, ch. 326, § 3.

Repealed Sections.

Former § 36-5-7 (P.L. 1972, ch. 79, § 1; P.L. 1988, ch. 547), concerning employment of veterans as state employees, was repealed by P.L. 1990, ch. 375, § 2, effective July 12, 1990.

NOTES TO DECISIONS

Abolition of Position.

Subdivision (a) protects state employees in situations where the government eliminates an entire job, not where a state employee’s particular service in that job terminates. Casey v. Sundlun, 615 A.2d 481, 1992 R.I. LEXIS 201 (R.I. 1992).

Deputy Sheriffs.

The term of office of the chief-deputy-sheriff position is one that is coincident with the term of office of the appointing sheriff, except that it shall end earlier if, upon the death of the appointing sheriff, a new sheriff is appointed and sworn into office, and provided further that the chief deputy sheriff’s term is always subject to revocation at will by the appointing sheriff; the sheriff’s specific right to appoint and revoke any deputation under former § 42-29-4 and §§ 42-29-9 and 42-29-27 prevails over the chief deputy sheriff’s general interest in continued employment under this section. Donnelly v. Almond, 695 A.2d 1007, 1997 R.I. LEXIS 224 (R.I. 1997).

Nonapplicability to State Police.

Although this section, enacted 40 years after the enactment of § 42-28-22 , contains language to suggest that all “unclassified” employees who serve the state for more than 15 years shall not be removed except for cause or mandatory retirement, the legislature, neither implicitly nor explicitly, intended this statute to apply to members of the Rhode Island state police, because the department of Rhode Island state police and its responsible officers in many respects constitute a paramilitary organization in which discipline must be enforced, and members of the force must surrender individual powers and freedom of action in favor of undivided allegiance to their public duty. Blanchette v. Stone, 591 A.2d 785, 1991 R.I. LEXIS 101 (R.I. 1991).

Positions With Fixed Term.

Protecting the “full status” under this section of the plaintiff, a sheriff denied reappointment by the governor, conflicted with the express language of § 42-29-1 , which limits the sheriff ’s term of office to ten years. Since under § 43-3-26 , a special statute prevails over a conflicting general provision, the governor’s right to appoint his own sheriff under § 42-29-1 prevailed over the plaintiff ’s interest in continued employment under this section. Casey v. Sundlun, 615 A.2d 481, 1992 R.I. LEXIS 201 (R.I. 1992).

36-5-8. State employment tenure for disabled veterans.

  1. Any person who is an honorably discharged veteran of the armed forces of the United States of America and is also receiving a disability pension from the United States government for a service connected disability and has completed ten (10) years or more not necessarily consecutive, of service credit, those credits having been earned in either the classified, nonclassified or unclassified service of the state or a combination of both, shall be deemed to have acquired full status in the position he or she holds at the time of obtaining ten (10) years of service credit. For any other position he or she may hold subsequent to the obtaining ten (10) years of service credit, the person, subject to a then existing list, shall be deemed to have acquired full status in the subsequent position and shall be protected by the provisions of this chapter; provided, however:
    1. That military service not to exceed four (4) years of active service shall constitute service credit within the meaning of this section;
    2. That in case of layoff or the abolition of a position through reorganization or otherwise, any person in that position or subject to layoff, who has full status, otherwise qualified under this section, shall be retained within the state services in a position of similar grade;
    3. That this section shall not apply to employees of the state government whose method of appointment, salary, and term of office is specified by statute;
    4. That all employees otherwise qualified under this section shall be subject to all of the provisions of dismissal and appeal as elsewhere described in this chapter.
  2. “Veteran” is defined herein as any man or woman who has been engaged heretofore, is now or may hereafter be engaged in the active service of the armed forces of the United States with a minimum of ninety (90) days of active duty time served during any declared war, undeclared war, Korean campaign, conflict in Vietnam or any war, campaign, or conflict which the armed forces of the United States of America actively engages in.
  3. This section shall not apply to those employees whose base entry date is after August 7, 1996.

History of Section. P.L. 1990, ch. 375, § 2; P.L. 1992, ch. 366, § 2; P.L. 1996, ch. 326, § 3.

Repealed Sections.

Former § 36-5-8 (P.L. 1987, ch. 465, § 1; P.L. 1988, ch. 343, § 1), concerning state employment tenure for disabled veterans, was repealed by P.L. 1990, ch. 375, § 2, effective July 12, 1990.

Chapter 6 Salaries and Traveling Expenses

36-6-1. Salary of governor.

Until December 31, 1998, the salary of the governor shall be sixty-nine thousand nine hundred dollars ($69,900) per annum. After December 31, 1998, the salary of the governor shall be ninety-five thousand dollars ($95,000) per annum and shall thereafter be adjusted at the beginning of each succeeding term by the total percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) published by the United States Department of Labor Bureau of Labor Statistics for the Northeast Region for the four (4) previous fiscal years, but in any event not to exceed twelve percent (12%).

History of Section. P.L. 1948, ch. 2157, § 1; G.L. 1956, § 36-6-1 ; P.L. 1962, ch. 147, § 1; P.L. 1967, ch. 219, § 1; P.L. 1973, ch. 166, § 1; P.L. 1981, ch. 360, § 1; P.L. 1986, ch. 287, art. 31, § 1; P.L. 1998, ch. 282, § 1.

Cross References.

Constitutional provision as to compensation of governor and lieutenant-governor, R.I. Const., art. IX, § 11 .

36-6-2. Salaries of other general state officers.

  1. Until December 31, 1998, the salary of the lieutenant governor shall be fifty-two thousand dollars ($52,000) per annum; the salary of the secretary of state shall be fifty-two thousand dollars ($52,000) per annum; and the salary of the attorney general shall be fifty-five thousand dollars ($55,000) per annum; the salary of the general treasurer shall be fifty-two thousand dollars ($52,000) per annum. After December 31, 1998, the salary of the lieutenant governor shall be eighty thousand dollars ($80,000); the salary of the secretary of state shall be eighty thousand dollars ($80,000); the salary of the attorney general shall be eighty-five thousand dollars ($85,000); and the salary of the general treasurer shall be eighty thousand dollars ($80,000); and they shall thereafter be adjusted as set forth in § 36-6-1 .
  2. The general assembly shall annually appropriate such sum as it may deem necessary to carry out the purposes of this section; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much thereof as may be required from time to time, upon receipt by him or her of properly authenticated vouchers.

History of Section. P.L. 1951, ch. 2769, § 1; G.L. 1956, § 36-6-2 ; P.L. 1962, ch. 147, § 2; P.L. 1967, ch. 219, § 1; P.L. 1973, ch. 166, § 1; P.L. 1978, ch. 145, § 1; P.L. 1981, ch. 360, § 1; P.L 1986, ch. 287, art. 31, § 1; P.L. 1998, ch. 282, § 1.

Cross References.

Compensation of general assembly members and other officers, R.I. Const., art. VI, § 3 .

Salary of attorney-general as full payment, § 42-9-10 .

36-6-3. Salaries of directors of state departments.

The general officers of the state shall receive such annual salaries as the general assembly may by law determine. Directors shall receive such annual salaries as may be from time to time established by the unclassified pay plan board which shall consist of seven (7) members as provided in § 36-4-16 . The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums, or so much thereof, as may be required from time to time, upon receipt by him or her of properly authenticated vouchers.

History of Section. P.L. 1939, ch. 660, § 9; P.L. 1951, ch. 2821, § 1; P.L. 1955, ch. 3535, § 1; P.L. 1956, ch. 3852, § 1; G.L. 1956, § 36-6-3 ; P.L. 1960, ch. 137, § 2; P.L. 1963, ch. 101, § 2; P.L. 1964, ch. 238, § 1; P.L. 1968, ch. 182, § 1; P.L. 1968, ch. 197, § 3; P.L. 1973, ch. 60, § 1; P.L. 1984, ch. 208, § 4.

36-6-4. Subordinates in state agencies.

The director of a department or the head of any other agency of the state shall appoint such assistants and other subordinates as he or she may deem necessary within the amounts appropriated therefor and shall fix their respective salaries.

History of Section. P.L. 1939, ch. 660, § 232; G.L. 1956, § 36-6-4 .

Cross References.

Pay plan for classified service, § 36-4-13 et seq.

Pay plan for unclassified service, § 36-4-16 .

36-6-5. Manner of compensation prescribed by appropriation law.

All officials and employees shall be compensated in the manner provided by the annual appropriation act or as may hereafter otherwise be prescribed by law. This section shall not apply to the directors of the several departments of the state of Rhode Island or to the general officers of the state of Rhode Island whose salaries shall be fixed by the general assembly.

History of Section. P.L. 1939, ch. 660, § 230; P.L. 1942, ch. 1214, § 2; P.L. 1951, ch. 2737, §§ 1, 2; G.L. 1956, § 36-6-5 .

Cross References.

Veterans’ disability compensation protected, § 35-4-10 .

Collateral References.

Agreement by public officer or employee to accept less than compensation or fees fixed by law, or acceptance of reduced amount, validity and effect of. 160 A.L.R. 490.

De facto officer, right of, to salary or other compensation annexed to office. 151 A.L.R. 952, 19 A.L.R.2d 694.

Past services of individual public officer or employee, power of legislature to grant extra compensation for. 23 A.L.R. 612.

Payment of salary to de facto officer as defense to action or proceeding by de jure officer for salary. 64 A.L.R.2d 1375.

Retirement pension previously granted a public officer or employee as affected by reentry into public employment. 162 A.L.R. 1469.

Stolen property, right of officer to compensation for services in recovering. 58 A.L.R. 1125.

36-6-6. Salaries in lieu of fees.

The salary received from the state by any deputy sheriff, clerk of any court, or other officer by whom fees are received as a part of his or her official duties shall be in full compensation for all services rendered by him or her personally to the state. That salary shall be in lieu of all fees which he or she or his or her deputies, assistants, or subordinates are now or were formerly authorized to receive for those services.

History of Section. P.L. 1939, ch. 660, § 230; P.L. 1942, ch. 1214, § 2; P.L. 1951, ch. 2737, § 1; G.L. 1956, § 36-6-6 ; P.L. 2012, ch. 324, § 71.

Cross References.

Provisions unaffected by fee schedules, § 9-29-17 .

Collateral References.

Validity of contract by officer with public for rendition of new or special services to be paid for in addition to regular compensation. 159 A.L.R. 606.

36-6-7. Fees turned over to general treasurer.

It shall be the duty of any deputy sheriff to turn over to the general treasurer at least once each month all fees received by him or her in his or her official capacity as deputy sheriff. It shall be the duty of the clerks of all district courts and the clerks of all superior courts to turn over to the general treasurer at least once each month all fees actually collected by them under the laws of the state in their official capacities as clerks of the several courts, excepting however, all naturalization fees received by any clerk. In the event that any state official or employee fails for a period of more than one month to turn over all fees collected by him or her during the previous month, it shall be the duty of the general treasurer to notify the attorney general who, if he or she is of the opinion that there has been a dereliction of duty, shall immediately proceed in any proper action of law to recover the sum due the state.

History of Section. P.L. 1939, ch. 660, § 230; P.L. 1942, ch. 1214, § 2; P.L. 1951, ch. 2737, § 1; G.L. 1956, § 36-6-7 ; P.L. 2012, ch. 324, § 71.

36-6-8. Arraignment fees in district court.

No judge of the district court shall charge or receive any fee for the arraignment before him or her of any person in any criminal case, except such as may legally be taxed as a part of the costs in the case, and all of which shall be paid over to the general treasurer as hereinbefore provided.

History of Section. P.L. 1939, ch. 660; P.L. 1942, ch. 1214, § 2; P.L. 1951, ch. 2737, § 1; G.L. 1956, § 36-6-8 ; P.L. 1969, ch. 239, § 41.

36-6-9. Travel expenses of superior court and family court justices, clerks, and attorney general and assistants.

The justices of the superior court, the chief judge and associate justices of the family court, and the stenographic clerks of those courts, when sitting or in attendance at any session of those courts held in any county other than Providence County shall be allowed and paid, in addition to their salaries, their actual traveling expenses for travel within the state of Rhode Island in connection with their attendance at those courts. The attorney general and the assistant attorneys general shall also be allowed and paid their actual traveling expenses for travel within the state of Rhode Island when performing official duties outside of Providence County. The general assembly shall annually appropriate a sum sufficient for the payment of those expenses and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers duly authenticated.

History of Section. G.L. 1896, ch. 294, § 13; P.L. 1898, ch. 524, § 1; C.P.A. 1905, § 1197; G.L. 1909, ch. 363, § 14; P.L. 1922, ch. 2159, § 1; G.L. 1923, ch. 416, § 11; G.L. 1938, ch. 632, § 3; impl. am. P.L. 1939, ch. 660, § 65; P.L. 1939, ch. 703, § 1; G.L. 1956, § 36-6-9 ; P.L. 1961, ch. 73, § 12; P.L. 1994, ch. 222, § 1.

36-6-10. Biweekly payment of salaries.

All salaries of state employees and officials shall be payable biweekly and the biweekly rate shall be one twenty-sixth (1/26) of the annual rate. The biweekly rate shall be considered to be complete payment of the annual rate.

History of Section. G.L. 1896, ch. 294, § 1; G.L. 1909, ch. 363, § 1; G.L. 1923, ch. 416, § 1; P.L. 1936, ch. 2287, § 1; G.L. 1938, ch. 632, § 1; P.L. 1952, ch. 2874, § 1; G.L. 1956, § 36-6-10 .

Cross References.

Certification of payrolls and accounts, § 36-4-48 .

36-6-11. Withholding tax deductions.

The state controller is hereby authorized and directed to make appropriate salary deductions from the salary or wages of each employee of the state, or of any agency thereof, in compliance with the withholding provisions of the internal revenue code of the United States of America, and all amendments thereto, and to make all necessary and appropriate reports and payments required thereby. The action of the state controller in making those deductions, reports, and payments, is hereby ratified and confirmed.

History of Section. P.L. 1944, ch. 1491, § 1; G.L. 1956, § 36-6-11 .

36-6-12. Deductions for hospitalization or medical service payments.

The general treasurer and the director of administration shall adopt procedures for and apply the provisions of state payroll deduction for state officers and employees for payments to any nonprofit hospital service corporation organized pursuant to chapter 19 of title 27, or to any other charitable organization authorized to do business in this state under the laws of this state or of the United States under any plan for hospitalization or medical service, and those payments shall be deducted from the payroll by the general treasurer and the director of administration and remitted by them from time to time to the corporation or other organization, as the case may be; provided, however, that neither the general treasurer, the director of administration, nor the state shall incur any liability to the corporation, other charitable organization, or to any officer or employee of this state by reason hereof or by reason of any failure to make the deduction or remittance.

History of Section. P.L. 1945, ch. 1599, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 36-6-12 .

36-6-13. Medical deductions voluntary — Termination.

Medical deductions shall be made from payrolls only at the written request of the state officer or employee and the continuing deduction may be terminated at any time upon the written request of the state officer or employee.

History of Section. P.L. 1945, ch. 1599, § 2; G.L. 1956, § 36-6-13 .

36-6-14. Repealed.

History of Section. P.L. 1945, ch. 1599, § 3; G.L. 1956, § 36-6-14 ; Repealed by P.L. 1981, ch. 276, § 2. For present provisions of law, see § 36-6-19 .

Compiler’s Notes.

Former § 36-6-14 concerned medical deductions for general assembly members.

36-6-15. Medical deductions by cities and towns.

Any city or town in the state through its legislative body may enact ordinances providing for the deduction from the compensation of city or town officers and employees for payments under the hospitalization or medical service plan of the nonprofit hospital service corporation or other charitable organization providing that service.

History of Section. P.L. 1945, ch. 1599, § 4; G.L. 1956, § 36-6-15 .

36-6-16. Credit union deductions.

The controller shall adopt a procedure for and apply the provisions of state payroll deduction for state officers and employees for payments to the Rhode Island state employees’ credit union, (a corporation founded under the banking laws of the state of Rhode Island on August 16, 1946, first, to help state employees build for the future by a regular savings plan, encouraged by interest, or dividends, that the profits would allow it to pay, and, secondly, to aid those in need by advancing money, repayable over a period of time in biweekly installments, at the lowest possible rate of interest), and to the credit union of the American federation of state, county, and municipal employees, (a corporation founded under the banking laws of the state of Rhode Island on February 28, 1963, first to help the members of the local union chapters of that federation build for the future by a regular savings plan, encouraged by interest, or dividends, that the profits would allow it to pay, and, secondly, to aid those in need by advancing money, repayable over a period of time in biweekly installments, at the lowest possible rate of interest as the case may be), and those payments shall be deducted from the payroll by the controller and general treasurer and remitted by them from time to time to the Rhode Island state employees’ credit union and to the credit union of the American federation of state, county, and municipal employees as the case may be; provided, however, that no deduction shall be made without a written authorization being filed by the employee with the controller; provided, further, however, that neither the controller, the general treasurer, nor the state shall incur any liability to the Rhode Island state employee’s credit union or to the credit union of the American federation of state, county, and municipal employees, or to any officer or employee of this state, or to any officer, director, or member of those credit unions by reason hereof or by reason of any failure to make any deduction or remittance.

History of Section. P.L. 1949, ch. 2337, § 1; G.L. 1956, § 36-6-16 ; P.L. 1964, ch. 197, § 1.

36-6-17. Deductions for union dues.

  1. Upon written authorization of any state employee who is a member of any bona fide labor union or who voluntarily elects to pay dues or fees to a union, the state controller shall deduct from the employee’s salary his or her dues as a member or fees and shall remit, together with a list by departments of the members or fee payers whose payments have been deducted, the amounts so deducted, to the treasurer of the labor union, designated by the employee in the request; provided, however, that where a labor union has been recognized as the sole and exclusive bargaining representative for an appropriate unit, only the dues or fees for the sole and exclusive bargaining representative shall be deducted. The state controller shall make dues or fee deductions, on an ongoing basis, unless the employee files a written notice requesting termination of the payments, with the exclusive bargaining representative.
  2. In the case of an employee employed in an area where there is no certified exclusive bargaining organization, the request for dues deductions or fees to a bona fide labor union shall be voluntary and shall take effect thirty (30) days after presentation. If the employer and the selected sole and exclusive bargaining representative have reached an agreement regarding the payment of dues or fees or the employee on a voluntary basis elects to pay dues or fees, then the state controller shall make dues or fee deductions on an ongoing basis, unless the employee files a written notice requesting termination of the payments with the exclusive bargaining representative.

History of Section. P.L. 1955, ch. 3559, § 1; G.L. 1956, § 36-6-17 ; P.L. 1968, ch. 78, § 1; P.L. 1971, ch. 260, § 1; P.L. 1973, ch. 256, § 1; P.L. 2019, ch. 95, § 3; P.L. 2019, ch. 146, § 3; P.L. 2020, ch. 79, art. 2, § 20.

Compiler’s Notes.

P.L. 2019, ch. 95, § 3, and P.L. 2019, ch. 146, § 3 enacted identical amendments to this section.

Collateral References.

“Checkoff” of labor organization dues from salary or wages of employee or officer, power of municipality or other governmental body to authorize. 31 A.L.R.2d 1142.

Labor law: right of public employees to strike or engage in work stoppage. 37 A.L.R.3d 1147.

Labor union’s right with respect to public employment. 31 A.L.R.2d 1142.

Union security arrangements in state public employment. 95 A.L.R.3d 1102.

36-6-18. Additional vacation time for career state employees.

  1. State employees, classified, nonclassified, or unclassified, who have been in the service of the state for at least twenty (20) years shall be credited annually with five (5) days additional vacation time.
  2. All state employees may have prior service time with a state of Rhode Island municipality credited to their present state service for the purpose of computing vacation accrual under the provisions of this section.
  3. All state employees may have prior service time including service as an elected official with a state municipality credited to their present state service for the purpose of computing vacation accrual under the provisions of this section.

History of Section. P.L. 1962, ch. 124, § 1; P.L. 1986, ch. 101, § 1; P.L. 1987, ch. 506, § 1; P.L. 1987, ch. 609, § 1.

36-6-19. Hospital care, hospital surgical-medical, and dental services benefits for general assembly members.

All members of the general assembly shall be eligible to receive hospital services, surgical-medical services, and dental services, rights and benefits including, but not limited to, the equivalent of the semi-private benefit plan of blue cross of Rhode Island, a surgical-medical plan equivalent to the plan 100 of blue shield of Rhode Island, a major medical plan equivalent to the major medical plan of blue cross of Rhode Island and blue shield of Rhode Island, a prescription drug plan equivalent to the prescription drug plan of blue shield of Rhode Island, and a dental plan equivalent to delta dental of Rhode Island, both in form as presently and from time to time hereafter in effect for state employees and on file with and approved by the state department of business regulation, or hospital services, surgical-medical services, and other services, rights, and benefits provided by other nonprofit hospital service corporations, medical service corporations, dental service corporations, or other insurance corporations, which benefits shall be the equivalent of the benefits and services of the above described plans.

History of Section. P.L. 1981, ch. 276, § 3.

36-6-20. Hospital care and hospital surgical-medical service benefits for retired general assembly members.

All retired members of the general assembly who meet all eligibility requirements for retirement and all former members of the general assembly who meet all eligibility requirements for retirement except for age shall be eligible to purchase at their own cost and expense the same benefits provided for active general assembly members under § 36-6-19 . The cost for participation shall be deducted directly from the retired general assembly member’s monthly retirement proceeds. Retired or former members of the general assembly who are not receiving monthly retirement proceeds shall pay for those benefits through the joint committee on legislative services.

History of Section. P.L. 1985, ch. 264, § 1; P.L. 1986, ch. 106, § 1.

36-6-21. Mass transportation and fringe benefit program deductions.

The state controller is hereby authorized and directed to make appropriate salary deductions, effective January 1, 2008, and to adopt appropriate provisions to allow state officers and employees the option to exclude employee commuting costs incurred from the purchase of RIPTA commuting passes from taxable wages and compensation, consistent with section 132 of title 26, United States Code, not to exceed the maximum level allowed by law (26 U.S.C. § 132(f)(2). RIPTA is hereby authorized and directed to cooperate with the state controller in developing provisions to implement this section.

History of Section. P.L. 2007, ch. 409, § 1.

36-6-21.1. State employee transportation guide plan.

  1. Findings:  Rhode Island is dedicated to environmental protection, efficient use of resources, sound fiscal policy, and sustainable development. Reducing vehicle miles traveled for commuting to work can lead to reductions in air pollution emissions, greenhouse gases, energy consumption, road congestion, and parking shortages. Reduced vehicle miles traveled would also lead to lower total motor fuel consumption, keeping more energy dollars that now flow out-of-state available in the state for local consumption and investment; a state government plan to reduce “drive alone” commuting and an increase in carpooling, transit use, and walk-to-work modes is required. State government, as a major employer can lead by example in promoting alternative forms of travel that can reduce vehicle miles traveled.
  2. The department of administration shall set up a committee on state employee transportation which shall consist of the directors of the department of administration, RIDOT, RIDEM, RIDOH and statewide planning, or their designees, the general manager of RIPTA or designee, and a representative from a state employee union, to develop, publicize, and implement a plan to give incentives to state employees to reduce vehicle miles in commuting to work. The committee will investigate employee incentives for reducing commuting vehicle miles offered by other public bodies around the country, investigate practices developed by the environmental protection agency’s “Best Workplaces for Commuters Program”, consider the implementation of carpool, telecommuting, guaranteed-ride-home, bike-to-work and walk-to-work programs, and incorporate or adopt those ideas deemed appropriate for Rhode Island into the plan. The plan shall include, but is not limited to, a means for determining base year values of the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and progress toward meeting commute trip reduction plan goals on an annual basis. The goals of miles traveled per employee for all state agencies shall not be less than fifteen percent (15%) reduction from the base year value by January 1, 2012, twenty-five percent (25%) reduction from the base year values by January 1, 2014, and thirty-five percent (35%) reduction from the base year values by January 1, 2016. The plan will also include an offer of a RIPTA transit pass to employees in lieu of parking privileges.
  3. The director of the department of administration shall report annually to the governor and the committee as to the progress being made to meet the goals.

History of Section. P.L. 2008, ch. 56, § 1; P.L. 2008, ch. 250, § 1.

36-6-22. Longevity payments.

Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for officers, secretaries, and employees of the legislative branch, the judicial branch, the office of the governor, the office of the lieutenant governor, the department of state, the department of the attorney general, and the treasury department; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the employee shall continue to receive the same longevity percentage in effect on June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the same longevity percentage in effect on June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.

History of Section. P.L. 2011, ch. 151, art. 8, § 5.

Chapter 7 Federal Old-Age and Survivors’ Insurance

36-7-1. Purpose of provisions.

It is the intention of the legislature by the passage of §§ 36-7-1 36-7-31 to extend to the officers and employees of the several cities and towns of the state, including any department, division, agency, or instrumentality thereof, and to the officers and employees of the state, including any department, division, agency, or instrumentality of the state including, without limiting the generality of the foregoing, quasi-municipal corporations, fire districts, water districts, water authorities, housing authorities and other independent instrumentalities organized and existing under the laws and authority of the state of Rhode Island, and to the dependents and survivors of such officers and employees, the old-age and survivors insurance provisions of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq.

History of Section. P.L. 1951, ch. 2675, § 1; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 1; G.L. 1956, § 36-7-1 .

Comparative Legislation.

Qualifying under federal act:

Conn. Gen. Stat. § 7-452 et seq.

Mass. Ann. Laws ch. 118C, § 1 et seq.

Collateral References.

Judicial questions regarding federal Social Security Act or state legislation adopted to set up “state plan” contemplated by it. 100 A.L.R. 697, 106 A.L.R. 243, 108 A.L.R. 613, 109 A.L.R. 1346, 118 A.L.R. 1220, 121 A.L.R. 1002.

36-7-2. Definitions.

For the purposes of §§ 36-7-1 36-7-31 , 36-7-33.1 , and 36-7-35 , the following terms shall have the meanings indicated unless different meanings are clearly expressed or required by the context:

  1. “Agency of the state” shall mean:
    1. All departments, divisions, agencies, and instrumentalities of the state which are not juristic entities, legally separate and distinct from the state;
    2. Civilian employees of the Rhode Island national guard; or
    3. Any instrumentality of the state such as fire districts, water districts, water authorities, sewer commissions and authorities, housing authorities, or other instrumentality of the state which are a juristic entity and legally separate and distinct from the state and if the employees of the instrumentality are not by virtue of their relation to juristic entity employees of the state. Without limiting the generality of the foregoing, examples of those agencies would be the Kent County water authority, the Providence housing authority, the Blackstone Valley sewer district commission, and other like instrumentalities of the state.
  2. “City or town” shall mean:
    1. Any city or town of the state of Rhode Island, inclusive of any department, division, agency, board, commission, or bureau thereof;
    2. Any instrumentality of a city or town which is a juristic entity and legally separate and distinct from the city or town and if its employees are not by virtue of their relation to the juristic entity employees of the city or town; or
    3. Any instrumentality of two or more citizens and/or towns which is a juristic entity as provided in subdivision (ii) hereof.
  3. “IRC” shall mean the Internal Revenue Code of 1986, as amended.
  4. “Coverage group” shall mean:
    1. All employees of the state other than those engaged in performing service in connection with a proprietary function;
    2. All employees of a city or town other than those engaged in performing service in connection with a single proprietary function;
    3. All employees of the state engaged in performing service in connection with a single proprietary function;
    4. All employees of an agency of the state;
    5. All employees of a city or town of the state engaged in performing service in connection with a single proprietary function. If under the preceding sentence an employee would be included in more than one coverage group by reason of the fact that he or she performs service in connection with two (2) or more proprietary functions or in connection with both a proprietary function and a nonproprietary function, he or she shall be included in only one coverage group. The determination of the coverage group in which the employee shall be included shall be made in such manner as may be specified in the agreement. Members of retirement systems shall constitute separate coverage groups as provided in § 36-7-10 .
  5. “Employee” shall mean any officer or employee of any city, town, or agency of the state receiving salaries or wages for employment.
  6. “Employment” shall mean any service performed by an employee for wages as a member of a coverage group as herein defined, including service of an emergency nature, service in any class or classes of elective positions and service in part-time positions, but excluding the following:
    1. Service in a position the compensation for which is on a fee basis;
    2. Service performed by election officials or election workers for calendar year 2003 in which the remuneration paid for that service is less than one thousand two hundred fifty dollars ($1,250), and for each calendar year after 2003 in which the remuneration paid is less than the adjusted amount in accordance with section 218(c)(8)(B) of the Social Security Act;
    3. Service which under the federal Social Security Act may not be included in an agreement between the state and the secretary entered into under this chapter;
      1. Service which, in the absence of an agreement entered into under §§ 36-7-1 36-7-3 1, would constitute “employment” as defined in the federal Social Security Act. Service which under the federal Social Security Act may be included in an agreement only upon certification by the governor in accordance with § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3), shall be included in the term “employment” if and when the governor issues, with respect to that service, a certificate to the secretary, pursuant to § 36-7-1 9.
      2. Notwithstanding any of the foregoing, if pursuant to § 141 of P.L. 92-603, 42 U.S.C. § 418, the state agreement with the federal government referred to in § 36-7-3 is modified appropriately at any time prior to January 1, 1974, the term “employment” with respect to any coverage group specified in the modification shall, effective after the effective date specified in the modification, include services in designated part-time positions but not services performed in the employ of a school, college, or university by a student who is enrolled and regularly attending classes at that school, college, or university.
  7. “FARP” shall mean the FICA Alternative Retirement Income Security Program as described in § 36-7-33.1 .
  8. “FARP-eligible employee” shall mean any part-time, seasonal, or temporary employee of the state of Rhode Island who is ineligible for participation in the Employees’ Retirement System of Rhode Island.
  9. “FARP part-time employee” shall mean an employee of the state of Rhode Island who works less than twenty (20) hours per week, in accordance with IRC standards.
  10. “Federal Insurance Contributions Act” or “FICA” shall mean subchapter A of chapter 9 of the federal Internal Revenue Code of 1939, subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954, and subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1986 as those codes have been and may from time to time be amended; and the term “employee tax” shall mean the tax imposed by § 1400 of the code of 1939, § 3101 of the code of 1954, and § 3101 of the code of 1986.
  11. “Federal Social Security Act,” 42 U.S.C. § 301 et seq., shall mean the act of Congress approved August 14, 1935, officially cited as the “Social Security Act,” including any amendments thereto, and any regulations, directives, or requirements interpretative or implementive thereof.
  12. “Part-time employment” shall mean any employment by those who work on a regularly scheduled basis regardless of hours.
  13. “Retirement board” shall mean the retirement board as provided in chapter 8 of this title.
  14. “Secretary,” except when used in the title “secretary of the treasury,” shall mean the secretary of health and human services and any individual to whom the secretary of health and human services has delegated any of his or her functions under the federal Social Security Act, 42 U.S.C. § 301 et seq., with respect to coverage under that act of employees of states and their political subdivisions.
  15. “Sick pay” shall mean the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund to provide for any sick pay) made to, or on behalf of, an employee or any of his or her dependents under a plan or system established by an employer which makes provision for his employees generally (or for his or her employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents), on account of sickness or accident disability.
  16. “State” shall mean the state of Rhode Island.
  17. “Wages” or “salaries” shall mean all compensation received by an employee for employment as defined herein, including the cash value of all remuneration received by an employee in any medium other than cash, except that this term shall not include that part of the remuneration which, even if it were for “employment” within the meaning of the Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq., would not constitute “wages” within the meaning of that act.

History of Section. P.L. 1951, ch. 2675, § 2; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 2; P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-2 ; P.L. 1968, ch. 239, § 1; P.L. 1973, ch. 203, § 1; P.L. 1974, ch. 253, § 1; P.L. 1980, ch. 146, § 1; P.L. 2003, ch. 85, § 1; P.L. 2003, ch. 86, § 1; P.L. 2013, ch. 144, art. 4, § 1; P.L. 2014, ch. 145, art. 9, § 2.

Cross References.

Credit for period in military service, § 36-5-3 .

36-7-3. Agreement with federal government.

The general treasurer of the state is hereby authorized to enter, on behalf of the state, into an agreement with the secretary, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of the old age and survivors insurance provisions of the federal Social Security Act, 42 U.S.C. § 301 et seq., to employees of any city or town or agency of the state with respect to services specified in the agreement which constitute employment as defined in § 36-7-2 . The agreement may contain provisions relating to coverage, benefits, contributions, effective date, modification, and termination of the agreement, administration, and other appropriate provisions as the general treasurer and the secretary shall agree upon, but, except as may otherwise be required by or under the federal Social Security Act as to the services to be covered, the agreement shall provide in effect that:

  1. Benefits will be provided for employees included in the coverage groups to which the agreement is made applicable on the same basis as though the services constituted employment within the meaning of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq.
  2. The state will pay the secretary of the treasury at such time or times as may be prescribed under the federal Social Security Act, contributions with respect to wages (as herein defined) equal to the sum of the taxes which would be imposed by §§ 3101 and 3111 of the federal Insurance Contributions Act, 26 U.S.C. §§ 3101 and 3111, or as that act may be amended from time to time, on all participants under this agreement, including cities, towns, and agencies of the state and all participating employees thereof, if the services covered by the agreement constituted employment within the meaning of that act.
  3. The agreement or any modification of the agreement shall be effective with respect to services in employment covered by the agreement or any modification of the agreement after a date specified therein.
  4. All services which constitute employment as herein defined, which are performed in the employ of any city, town, or agency of the state and are included under a method of coverage which conforms to the terms and conditions of the agreement are covered thereunder.
  5. As modified, the agreement shall include all services described in subdivision (4) of this section and performed by individuals to whom § 218(c)(3)(B) of the federal Social Security Act, 42 U.S.C. § 418(c)(3)(B), is applicable and shall provide that the service of the individual shall continue to be covered by the agreement in case he or she thereafter becomes eligible to be a member of a retirement system; and as modified, the agreement shall include all services described in subdivision (4) of this section and performed by individuals in positions covered by a retirement system with respect to which the governor has issued a certificate to the secretary pursuant to § 36-7-19 .

History of Section. P.L. 1951, ch. 2675, § 3; P.L. 1953, ch. 3198, § 1; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 3; G.L. 1956, § 36-7-3 ; R.P.L. 1957, ch. 98, § 1.

Collateral References.

Construction and application of Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq. — Supreme Court Cases. 7 A.L.R. Fed. 3d Art. 4 (2016).

36-7-4. Application to state employees.

The provisions of this chapter, insofar as the provisions shall be applicable, shall apply in the case of employees in the agencies of the state as defined in § 36-7-2(3) .

History of Section. P.L. 1951, ch. 2675, § 9; P.L. 1955, ch. 3546, § 8; G.L. 1956, § 36-7-4 ; P.L. 2005, ch. 410, § 19.

36-7-5. Civilian employees of national guard.

The benefits of this chapter are also extended to civilian employees of the Rhode Island national guard who are employed pursuant to § 90 of the National Defense Act of June 3, 1916, 32 U.S.C. § 709, and paid from funds allotted by the department of defense.

History of Section. P.L. 1951, ch. 2675, § 1; P.L. 1955, ch. 3418, § 1; P.L. 1955, ch. 3546, § 1; G.L. 1956, § 36-7-5 .

36-7-6. Subscription to agreement by city, town, or state agency.

Any city, town, or agency of the state as defined in § 36-7-2(2) shall have the option of subscribing to the federal state agreement as described in § 36-7-3 . The action shall be taken by the adoption of an ordinance, resolution, or vote by the legislative body thereof which shall be the city council in the case of a city, or a financial town meeting in the case of a town, or the board of directors, authority, commissioners, trustees, or other governing body in the case of an agency of the state. The resolution, ordinance, or vote shall indicate its intention of extending the benefits of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq., in conformity with the provisions of that act, to employees of the city, town, or agency of the state as a coverage group, as herein defined. The resolution, ordinance, or vote, to be acceptable, must contain at least the following provisions, requirements, and conditions:

  1. To meet fully the requirements of the federal Social Security Act, 42 U.S.C. § 301 et seq., and be in accord with the provisions of the federal state agreement herein provided;
  2. To provide that all services which constitute employment as herein defined and are performed in the employ of the city or town or agency of the state by employees thereof, shall be included in the designated coverage group;
  3. To specify the source or sources from which funds necessary to make contributions in the amounts and at the rates specified in the federal state agreement, are expected to be derived, and contain reasonable assurance that those sources will at all times be adequate to meet this obligation;
  4. To provide for such methods of administration of its plan of participation under the agreement as will insure the proper and effective operation thereof;
  5. To provide that the city, town, or agency of the state will make such reports, in such form and containing such information as may be prescribed from time to time by the general treasurer in accordance with directives or regulations of the secretary, and that the city, town, or agency of the state will at all times comply with such other rules or regulations as the general treasurer or the administrator may from time to time prescribe to assure the correctness and verification of the reports.

History of Section. P.L. 1951, ch. 2675, § 5; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 5; G.L. 1956, § 36-7-6 .

36-7-7. Filing of resolution, ordinance, or vote — Contributions — Effective date.

The resolution, ordinance, or vote, when adopted, shall be filed with the general treasurer of the state. Upon notification by the general treasurer that the provisions of this agreement have been approved by the secretary and are in full force and effect as of the effective date of participation of the city, town, or agency of the state, the appropriate officials thereof shall begin to withhold the contribution required from those employees for that coverage and to allocate from its corporate fund an amount equal to the amount of tax which would be imposed upon an employer by § 3111 of the federal Insurance Contributions Act, 26 U.S.C. § 3111, if the services for the political subdivision covered by the federal state agreement constituted employment within the meaning of the act. The contributions by the employees and the employer shall accrue beginning as of the effective date of participation of such city, town, or agency of the state as specified by the general treasurer. Unless otherwise specified in the resolution, ordinance, or vote and agreed to by the general treasurer and the secretary, the effective date of participation of any city, town, or agency of the state shall be the first day of the calendar year in which the ordinance, resolution, or vote shall be adopted.

History of Section. P.L. 1951, ch. 2675, § 5; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 6; G.L. 1956, § 36-7-7 .

Collateral References.

Construction and application of Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq. — Supreme Court Cases. 7 A.L.R. Fed. 3d Art. 4 (2016).

36-7-8. Termination of participation for failure of city, town, or agency to meet requirements.

The general treasurer is authorized to terminate participation under the agreement of any city, town, or agency of the state, in his or her discretion, if he or she finds that there has been a failure to comply substantially with any provision contained in the resolution, ordinance, or vote, or under the federal state agreement, the termination to take effect at the expiration of the notice and under such conditions as may be provided under the federal state agreement consistent with the provisions of the federal Social Security Act, 42 U.S.C. § 301 et seq.

History of Section. P.L. 1951, ch. 2675, § 1; P.L. 1954, ch. 3407, § 1; G.L. 1956, § 36-7-8 .

36-7-9. Denial of participation to city, town, or agency.

The general treasurer may deny participation under the federal state agreement to any city, town, or agency of the state only upon reasonable notice and opportunity for hearing to the city, town, or agency of the state affected thereby.

History of Section. P.L. 1951, ch. 2675, § 1; P.L. 1954, ch. 3407, § 1; G.L. 1956, § 36-7-9 .

36-7-10. Retirement system defined.

  1. A retirement system for the purposes hereof shall mean any annuity, pension, or retirement fund or system established by state law or by action of a city, town, or agency of the state. Pursuant to § 218(d)(6) of the federal Social Security Act, 42 U.S.C. § 418, the employees retirement system of the state of Rhode Island created by chapters 8 to 10 of this title, shall, for the purposes of §§ 36-7-1 36-7-31 be deemed to constitute a separate retirement system with respect to the state and a separate retirement system with respect to each city or town having positions covered thereby.
  2. Effective as of the date § 218(d)(6) of the Social Security Act, as amended by public law 880, 84th congress, is made applicable to the state of Rhode Island, the separate retirement system established by the preceding sentence with respect to the state, and the separate retirement systems established by that sentence with respect to each city or town shall, for the purposes of this chapter, also be deemed to constitute two (2) retirement systems with respect to the state, and in the case of any the city or town, two (2) retirement systems with respect to the city or town, one of which is composed of the positions of members of that system who have expressed their desire to be covered under the Social Security Act, 42 U.S.C. § 301 et seq., and all individuals becoming members of that system after the date coverage under the Social Security Act is extended, and the other of which is composed of the positions of members who have not expressed a desire for that coverage.
  3. In case of such division of a system in accordance with the desire of the members thereof, the position of any member of the deemed system composed of the positions of members who did not express a desire to be covered under the Social Security Act may be transferred in the manner and to the extent permitted by § 218(d) of the Social Security Act to the deemed system composed of the positions of members who did express to be so covered.
  4. Further, in case of such division of a system, an individual who is in a position covered by that retirement system and who is not a member thereof, but who is eligible to be a member, shall be considered to be a member, and social security coverage shall be obtained for that individual to the extent permitted by § 218(d)(6)(E) of the Social Security Act.
  5. Nothing in this chapter shall prevent the coverage under the Social Security Act of members of the state employees’ retirement system in accordance with a vote held under § 218(d)(7) of the Social Security Act.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-10 ; R.P.L. 1957, ch. 98, § 2; P.L. 1959, ch. 62, § 1.

Cross References.

Retirement of municipal employees, § 45-21-1 et seq.

36-7-11. Request for referendum of state retirement system members.

With respect to employees of the state as defined in § 36-7-2(1)(i) and (1)(ii), the retirement board, as defined in § 36-7-2(9) , may request the governor to authorize a referendum to be conducted pursuant to § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3), as amended, on the question of whether service in positions covered by the state retirement system shall be excluded from or included under an agreement under this chapter.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-11 .

36-7-12. Request for referendum of city, town, or agency retirement system members.

With respect to the employees of any city or town or agency of the state included in § 36-7-2(1)(iii) which has elected to participate in accordance with and pursuant to §§ 36-7-6 and 36-7-7 , which employees are members of a retirement system, the legislative body of the city or town or agency may request the governor to authorize a referendum to be conducted pursuant to § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3), as amended, on the question of whether service in positions covered by the retirement system shall be excluded from or included under an agreement under this chapter.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-12 .

36-7-13. Commission to conduct referendum.

  1. When request shall be made of the governor by the retirement board or by the legislative body of any city, town, or agency that a referendum be held pursuant to §§ 36-7-10 36-7-21 , the governor shall immediately appoint a commission consisting of seven (7) members who shall conduct the referendum pursuant to the provisions of §§ 36-7-10 36-7-21 and of § 218(d) of the federal Social Security Act, 42 U.S.C. § 418(d), as amended, and the commission is hereby empowered to adopt such rules and regulations for conducting the election including the notice and manner thereof as shall not be inconsistent with the provisions of this chapter and of the federal Social Security Act, 42 U.S.C. § 301 et seq.
  2. It shall be the duty of the commission to study, evaluate, and recommend a plan for the inclusion of those members under the federal Social Security Act, to formulate the question to be voted upon in the referendum, and to carry out the purposes of §§ 36-7-10 36-7-21 .
  3. The members of the commission shall receive no compensation for their services but are authorized to contract for secretarial and actuarial services and to incur travel and other necessary expenses.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-13 .

36-7-14. Authorization of referendum.

The referendum shall be authorized as of the date fixed by the governor. The governor shall designate the commission, provided for in § 36-7-13 , to supervise the conduct of the referendum in accordance with the requirements of said § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3).

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-14 .

36-7-15. Notice of referendum — Benefits equal to retirement system.

The notice of the referendum and the ballot to be used thereon shall contain a statement setting forth the changes or revisions to be made in the plan of benefit and contributions governing the retirement system, and the obligations which would be imposed on the members of the system if their services are included under an agreement pursuant to the provisions of this chapter. Total benefits to the present members, and to the dependents of those members, under the plan of coordination of the benefits of the retirement system with the old age and survivors insurance provisions of title II of the federal Social Security Act, 42 U.S.C. § 401 et seq., shall at least be equal to the benefits payable to them under the retirement system prior to social security coverage.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-15 .

36-7-16. Eligibility to vote in referendum.

Only eligible employees as defined in § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3), as amended, shall be eligible to vote in the referendum. Persons who have retired and who are in receipt of payment from the retirement system shall be ineligible to vote.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-16 .

36-7-17. Majority required for inclusion of retirement system members under social security.

The affirmative approval of at least a majority of the members of the retirement system eligible to vote in the referendum shall determine the inclusion of the members of the retirement system under an agreement under this chapter.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-17 .

36-7-18. Interval between referenda.

Should a referendum fail to gain approval, a subsequent referendum among members of the retirement system shall not be held until a period of at least three (3) years has elapsed.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-18 .

36-7-19. Certification of results of referendum.

Upon receipt of satisfactory proof with respect to a referendum that the conditions specified in § 218(d)(3) of the federal Social Security Act, 42 U.S.C. § 418(d)(3), have been met, the governor shall certify to the secretary that the conditions were met. Proper steps to give effect to the results of the referendum shall be taken by the general treasurer within a period of two (2) years of the date of the referendum.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-19 .

36-7-20. Expense of referendum.

The expense incident to the holding of a referendum shall be assumed by the state.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-20 .

36-7-21. Intent to preserve retirement system protection.

It is the intention of the general assembly by the adoption of §§ 36-7-10 36-7-21 that the protection afforded employees in positions covered by a retirement system, as herein defined, on the date an agreement is made applicable to service performed in those positions, or employees receiving regular payments under the retirement system at the date of the agreement, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation of the adoption of the referendum.

History of Section. P.L. 1951, ch. 2675, § 4; P.L. 1955, ch. 3546, § 4; G.L. 1956, § 36-7-21 .

36-7-22. Contributions imposed on city, town, and agency employees.

Each city, town, or agency of the state participating under the federal state agreement is authorized to impose upon each of its employees, as to services which are covered by the federal state agreement, or by any supplement thereto or modification thereof, a contribution with respect to his or her salary or wages as herein defined, equal to the amount of tax which would be imposed by § 3101 of the federal Insurance Contributions Act, 26 U.S.C. § 3101, if their services constituted employment within the meaning of that act. The obligation to make those contributions shall constitute a condition of employment by the city, town, or agency of the state with respect to the employee.

History of Section. P.L. 1951, ch. 2675, § 6; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 7; G.L. 1956, § 36-7-22 .

Collateral References.

Construction and application of Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq. — Supreme Court Cases. 7 A.L.R. Fed. 3d Art. 4 (2016).

36-7-23. Deductions by cities, towns, and agencies.

Contributions under § 36-7-22 by employees of any city, town, or agency of the state shall be made as deductions from each payment on account of salaries or wages as and when paid. Failure to deduct the contribution shall not relieve any employee, the city, town, or agency of the state employing that employee of liability therefor. Adjustments for any errors in contributions shall be made as required.

History of Section. P.L. 1951, ch. 2675, § 6; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 7; G.L. 1956, § 36-7-23 .

36-7-24. State contributions.

The state shall make the contributions required under the federal state agreement as provided in § 36-7-3 , and the general treasurer is hereby authorized to make those payments.

History of Section. P.L. 1951, ch. 2675, § 6; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 7; G.L. 1956, § 36-7-24 .

36-7-25. Payments by cities, towns, and agencies — Interest on delinquent payments.

Each city, town, or agency of the state participating under the federal state agreement as herein described shall make payment to the general treasurer of the state at such time or times as he or she may prescribe of the contributions with respect to salaries or wages as herein defined equal to the sum of the taxes which would be imposed by §§ 3101 and 3111 of the federal Insurance Contributions Act, 26 U.S.C. §§ 3101, 3111, if the services covered by the federal state agreement to which the city, town, or agency of the state has subscribed constituted employment within the meaning of that act. The payments shall be made to the state for the purpose of meeting the requirements of § 36-7-3(2) . In the event any city, town, or agency of the state does not make payment of the required amounts at the time or times the amounts shall be due and payable, there shall be added as a part of the amounts payable, interest at the rate of twelve percent (12%) per annum from the date the amounts shall be due until paid.

History of Section. P.L. 1951, ch. 2675, § 6; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 7; G.L. 1956, § 36-7-25 ; P.L. 1981, ch. 149, § 1; P.L. 1981, ch. 230, § 1.

Collateral References.

Construction and application of Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq. — Supreme Court Cases. 7 A.L.R. Fed. 3d Art. 4 (2016).

36-7-26. Revolving fund — Payments to federal government.

  1. All payments made by any city, town, or agency of the state shall be credited by the general treasurer to a revolving fund which shall be established with the approval of the governor and the director of administration and a sum sufficient for the purpose is hereby appropriated out of any money in the treasury not otherwise appropriated.
  2. Any payments by the general treasurer to the secretary of the treasury as hereinabove authorized and as provided in § 36-7-3(2) , shall be charged to that fund.

History of Section. P.L. 1951, ch. 2675, § 6; P.L. 1954, ch. 3407, § 1; P.L. 1955, ch. 3546, § 7; G.L. 1956, § 36-7-26 .

36-7-27. Duties of general treasurer.

The general treasurer of the state shall represent the state in any and all matters arising during the operation of §§ 36-7-1 36-7-31 and § 36-7-35 and in any agreements with the secretary relative to the administration of the provisions of this chapter. The general treasurer shall issue a directive explanatory of the method by which any city, town, or agency of the state may provide coverage for its employees, specifying the conditions and limitations of the federal legislation governing that coverage. He or she shall request the cities, towns, and agencies of the state to prepare reports in such form as the secretary may prescribe and to comply with any regulations as the secretary may promulgate for the proper and effective operation of this agreement. The duties of the general treasurer with respect to the operation of this agreement shall be ministerial only and shall in no way obligate the state or create any added responsibilities or obligations beyond the terms and conditions of §§ 36-7-1 36-7-31 and § 36-7-35 .

History of Section. P.L. 1951, ch. 3675, § 7; P.L. 1954, ch. 3407, § 1; G.L. 1956, § 36-7-27 ; P.L. 1980, ch. 146, § 1.

36-7-28. Forwarding of contributions and reports by cities, towns, and agencies.

Each city, town, or agency of the state participating under this agreement shall forward to the general treasurer at such time or times and in the manner that he or she may specify the amounts of contribution payable by the participating employees and by the city, town, or agency of the state as an employer together with appropriate reports respecting such payments as may be required.

History of Section. P.L. 1951, ch. 2675, § 7; P.L. 1954, ch. 3407, § 1; G.L. 1956, § 36-7-28 .

36-7-29. Repealed.

History of Section. P.L. 1951, ch. 2675, § 7; P.L. 1954, ch. 3407, § 1; G.L. 1956, § 36-7-29 ; Repealed by P.L. 2016, ch. 385, § 1, effective July 9, 2016; P.L. 2016, ch. 400, § 1, effective July 9, 2016.

Compiler’s Notes.

Former § 36-7-29 concerned rules and regulations, studies, and report to general assembly.

36-7-30. Assurance of payment of amounts due from state agencies.

In order to secure the payment to the general treasurer of the sums required to be paid under this chapter by agencies of the state and to provide a guaranty of payment thereof similar to the guaranty provided for payments by a city or town, the general treasurer may require from any agency of the state reasonable assurance of payment to the state of the sums to be paid under this chapter during annual periods by guaranty, bond, or similar assurance satisfactory to the general treasurer.

History of Section. P.L. 1951, ch. 2675, § 7; P.L. 1954, ch. 3407, § 1; G.L. 1956, § 36-7-30 .

36-7-31. Appropriations.

The general assembly shall annually appropriate such sums as may be necessary for the purpose of carrying out the provisions of §§ 36-7-27 36-7-30 and § 36-7-35 and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums, or so much of the sums, as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers.

History of Section. P.L. 1951, ch. 2675, § 8; P.L. 1954, ch. 3407, § 1; G.L. 1956, § 36-7-31 ; P.L. 1980, ch. 146, § 1.

36-7-32. Validation of ordinances and resolutions.

All ordinances, resolutions, and votes adopted by all cities, towns, and agencies pursuant to the provisions of §§ 36-7-1 36-7-31 as the sections were in effect prior to April 21, 1955, and all action taken pursuant to those ordinances, resolutions, and votes shall be valid and of the ordinances, resolutions, and votes force and effect as if the ordinances, resolutions, and votes were adopted pursuant to the provisions of §§ 36-7-1 36-7-31 .

History of Section. P.L. 1955, ch. 3546, § 10; G.L. 1956, § 36-7-32 .

36-7-33. Coverage of employees ineligible for retirement.

The state of Rhode Island is hereby authorized to enter into an agreement with the federal government to accept old age and survivors’ insurance for state employees who are unable to qualify as members of the state retirement system.

History of Section. P.L. 1955, ch. 3613, § 1; G.L. 1956, § 36-7-33 .

Compiler’s Notes.

In 2021, “state of Rhode Island” was substituted for “state of Rhode Island and Providence Plantations” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

36-7-33.1. FICA Alternative Retirement Income Security Program.

  1. For FARP eligible employees, the state shall establish the FICA Alternative Retirement Income Security Program. The FARP shall be administered in accordance with the following provisions:
    1. IRC compliance.  The FARP shall be administered as a defined contribution plan under section 401(a) of the IRC, and shall provide retirement benefits as required under section 3121(b)(7)(F) of the IRC.
    2. Employee participation in the FARP— One-Time Opt-Out Exception.  With the one exception described in (b) below, FARP-eligible employee participation in the FARP shall be mandatory. Each participant shall make mandatory payroll deduction contributions to the FARP equal to a minimum of seven and five tenths percent (7.5%) of the employee’s gross wages for each pay period. Any payroll deduction contributions made pursuant to the FARP shall not be included in the computation of federal income taxes withheld on behalf of any participant. Once implemented, the participants, and the state on behalf of the participants, shall not continue to make FICA contributions. The FARP shall be administered by the financial institution currently administering the 401(a) plan for the state employee retirement plan, as described in Title 36 Chapter 10.3.
  2. An otherwise FARP-eligible employee, who is employed by the state at the time this section takes effect, may opt to not participate in the FARP. An employee who opts to not participate in the FARP will continue to make FICA contributions and the state shall continue to make FICA contributions on behalf of the employee. An employee who opts to not participate in the FARP may subsequently, without penalty, choose to participate in the FARP; provided, however, such employee must continue to participate in the FARP for as long as he or she is a FARP-eligible employee.
  3. Review by state investment commission.  The state investment commission shall, from time to time, review and evaluate the reasonableness of the selected financial institution’s fees and the performance of the selected financial institution’s funds.

History of Section. P.L. 2013, ch. 144, art. 4, § 2.

36-7-34. Positions covered by more than one system.

No provision of this chapter shall prevent coverage under the Social Security Act in accordance with § 218(d)(8), 42 U.S.C. § 418(d)(8), of the act of services of individuals in positions covered by more than one retirement system.

History of Section. P.L. 1959, ch. 62, § 2.

36-7-35. Exclusion of sick pay from wages.

  1. The state of Rhode Island is hereby authorized to exclude from wages, payments made under a written plan or system of sick leave. The written plan shall be established pursuant to this authority by the department of administration and must contain at least the following:
    1. A method of determining sick pay eligibility;
    2. A method of determining the duration of sick pay payment;
    3. A method of determining the minimum amount of sick pay payment.
  2. This plan shall be established by July 1, 1982.

History of Section. P.L. 1980, ch. 146, § 2; P.L. 1981, ch. 89, § 1.

Compiler’s Notes.

In 2021, “state of Rhode Island” was substituted for “state of Rhode Island and Providence Plantations” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

Chapter 8 Retirement System — Administration

36-8-1. Definition of terms.

The following words and phrases as used in chapters 8 to 10 of this title unless a different meaning is plainly required by the context, shall have the following meanings:

  1. “Accumulated contributions” shall mean the sum of all the amounts deducted from the compensation of a member and credited to his or her individual pension account.
  2. “Active member” shall mean any employee of the state of Rhode Island as defined in this section for whom the retirement system is currently receiving regular contributions pursuant to §§ 36-10-1 and 36-10-1 .1.
  3. “Actuarial equivalent” shall mean an allowance or benefit of equal value to any other allowance or benefit when computed upon the basis of the actuarial tables in use by the system.
  4. “Annuity reserve” shall mean the present value of all payments to be made on account of any annuity, benefit, or retirement allowance granted under the provisions of chapter 10 of this title computed upon the basis of such mortality tables as shall be adopted from time to time by the retirement board with regular interest.
    1. “Average compensation” for members eligible to retire as of September 30, 2009 shall mean the average of the highest three (3) consecutive years of compensation, within the total service when the average compensation was the highest. For members eligible to retire on or after October 1, 2009, “Average compensation” shall mean the average of the highest five (5) consecutive years of compensation within the total service when the average compensation was the highest.
    2. For members who become eligible to retire on or after July 1, 2012, if more than one-half (1/2) of the member’s total years of service consist of years of service during which the member devoted less than thirty (30) business hours per week to the service of the state, but the member’s average compensation consists of three (3) or more years during which the member devoted more than thirty (30) business hours per week to the service of the state, such member’s average compensation shall mean the average of the highest ten (10) consecutive years of compensation within the total service when the average compensation was the highest; provided however, effective July 1, 2015, if such member’s average compensation as defined in subsection (a) Above is equal to or less than thirty-five thousand dollars ($35,000), such amount to be indexed annually in accordance with § 36-10-35(h)(1)(B) , such member’s average compensation shall mean the greater of: (i) The average of the highest ten (10) consecutive years of compensation within the total service when the average compensation was the highest; or (ii) The member’s average compensation as defined in subsection (a) above. To protect a member’s accrued benefit on June 30, 2012 under this § 36-8-1(5)(b) , in no event shall a member’s average compensation be lower than his or her average compensation determined as of June 30, 2012.
  5. “Beneficiary” shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by chapter 10 of this title.
  6. “Casual employee” shall mean those persons hired for a temporary period, a period of   emergency or an occasional period.
  7. “Compensation” as used in chapters 8 — 10 of this title, chapters 16 and 17 of title 16, and chapter 21 of title 45 shall mean salary or wages earned and paid for the performance of duties for covered employment, including regular longevity or incentive plans approved by the board, but shall not include payments made for overtime or any other reason other than performance of duties, including but not limited to the types of payments listed below:
    1. Payments contingent on the employee having terminated or died;
    2. Payments made at termination for unused sick leave, vacation leave, or compensatory time;
    3. Payments contingent on the employee terminating employment at a specified time in the future to secure voluntary retirement or to secure release of an unexpired contract of employment;
    4. Individual salary adjustments which are granted primarily in anticipation of the employee’s retirement;
    5. Additional payments for performing temporary or extra duties beyond the normal or regular work day or work year.
  8. “Employee” shall 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 chapter. 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 § 36-9-6 , but in no case shall it deem as an employee, for the purposes of this chapter, 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 his or her services, except as provided in § 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 chapter.
  9. “Full actuarial costs” or “full actuarial value” shall mean the lump sum payable by a member claiming service credit for certain employment for which that payment is required which is determined according to the age of the member and the employee’s annual rate of compensation at the time he or she applies for service credit and which is expressed as a rate percent of the employee’s annual rate of compensation to be multiplied by the number of years for which he or she claims service credit as prescribed in a schedule adopted by the retirement board from time to time on the basis of computation by the actuary. Except as provided in §§ 16-16-7.1 , 36-5-3 , 36-9-31 , 36-10-10.4 , 45-21-53 , 36-10-8 , 45-21-29 , 8-3-16(c) , 8-8-10.1(c) , 42-28-22.1(d) and 28-30-18.1(c) :
    1. all service credit purchases requested after June 16, 2009 and prior to July 1, 2012, shall be at full actuarial value; and
    2. all service credit purchases requested after June 30, 2012 shall be at full actuarial value which shall be determined using the system’s assumed investment rate of return minus one percent (1%). The rules applicable to a service credit purchase shall be the rules of the retirement system in effect at the time the purchase application is submitted to the retirement system.
  10. “Funded ratio” shall mean the ratio of the actuarial value of assets to the actuarial accrued liability consistent with the funding policy of the retirement board as defined in § 36-8-4 .
  11. “Inactive member” shall mean a member who has withdrawn from service as an employee but who has not received a refund of contributions.
  12. “Members” shall mean any person included in the membership of the retirement system as provided in §§ 36-9-1 36-9-7 .
  13. “Prior service” shall mean service as a member rendered before July 1, 1936, certified on his or her prior service certificate and allowable as provided in § 36-9-28 .
  14. “Regular interest” shall mean interest at the assumed investment rate of return,   compounded annually, as may be prescribed from time to time by the retirement board.
  15. “Retirement allowance” shall mean annual payments for life made after retirement under and in accordance with chapters 8 to 10 of this title. All allowances shall be paid in equal monthly installments beginning as of the effective date thereof; provided, that a smaller pro rata amount may be paid for part of a month where separation from service occurs during the month in which the application was filed, and when the allowance ceases before the last day of the month.
  16. “Retirement board” or “board” shall mean the board provided in § 36-8-3 to administer the retirement system.
  17. “Retirement system” shall mean the employees’ retirement system of the state of Rhode Island as defined in § 36-8-2 .
  18. “Service” shall mean service as an employee of the state of Rhode Island as described in subdivision (9) of this section.
  19. “Social Security retirement age” shall mean a member’s full retirement age as determined in accordance with the federal Old Age, Survivors and Disability Insurance Act, not to exceed age sixty-seven (67).
  20. “Total service” shall mean prior service as defined above, plus service rendered as a member on or after July 1, 1936.

History of Section. P.L. 1936, ch. 2334, § 1; G.L. 1938, ch. 18, § 1; P.L. 1947, ch. 1971, § 1; P.L. 1951, ch. 2830, § 1; P.L. 1953, ch. 3201, § 1; G.L. 1956, § 36-8-1 ; P.L. 1962, ch. 143, § 1; P.L. 1967, ch. 132, § 1; P.L. 1972, ch. 151, § 2; P.L. 1981, ch. 122, § 1; P.L. 1981, ch. 162, § 1; P.L. 1992, ch. 306, art. 1, § 1; P.L. 1994, ch. 142, § 3; P.L. 1998, ch. 411, § 1; P.L. 2009, ch. 68, art. 7, § 1; P.L. 2011, ch. 363, § 27; P.L. 2011, ch. 408, § 2; P.L. 2011, ch. 409, § 2; P.L. 2015, ch. 141, art. 12, § 3; P.L. 2015, ch. 141, art. 21, § 1.

Compiler’s Notes.

Section 8 of P.L. 1994, ch. 142 provides: “If any provision of this act or any application thereof shall for any reason be judged invalid such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.”

P.L. 2011, ch. 408, § 2, and P.L. 2011, ch. 409, § 2 enacted identical amendments to this section.

Severability.

P.L. 1998, ch. 411, § 4 provides that if any provision of that act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications which can be given effect without the invalid provisions or applications.

Cross References.

Application of definitions to teachers’ retirement law, § 16-16-1 .

Application to teachers, §§ 16-16-23 , 16-17-1 .

General officers who have also served as justices, retirement, § 8-3-12 et seq.

Municipal employees, retirement, § 45-21-1 et seq.

State police, retirement of members, §§ 42-28-22 , 42-28-23 .

Supreme and superior court justices, retirement, § 8-3-7 .

Teachers’ retirement, § 16-16-1 et seq.

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

Comparative Legislation.

Retirement system:

Conn. Gen. Stat. § 5-152 et seq.

Mass. Ann. Laws ch. 32, § 1 et seq.

NOTES TO DECISIONS

Constitutionality.

Sections 36-8-1(2) , 36-10-1 , 36-10-2 , 36-10-7 , 36-10-9.1 , and 36-10-10.1 are not unconstitutional although these provisions allow state legislators to receive pension benefits beyond the daily stipend specified in art. VI, § 3 of the Rhode Island Constitution. Kass v. Retirement Bd. of Employees' Retirement Sys., 567 A.2d 358, 1989 R.I. LEXIS 169 (R.I. 1989).

“Employee”.

The System and the retirement board are entitled to deference in their interpretation of who is an “employee” for the purposes the administration of this section; thus, the decision that the claimant was not allowed to purchase credits for the time she was a student employee should not be reversed. Lyman v. Employee's Retirement Sys., 693 A.2d 1030, 1997 R.I. LEXIS 133 (R.I. 1997).

Collateral References.

Construction and application of Employee Retirement Income Security Act of 1974 (29 USCA § 1001 et seq.) by United States Supreme Court. 150 A.L.R. Fed. 441.

Construction and application of unmistakability doctrine. 16 A.L.R.7th Art. 1 (2016).

What constitutes “salary,” “wages,” “pay,” or the like, within pension law basing benefits thereon. 91 A.L.R.5th 225.

36-8-2. Establishment of system.

A retirement system is hereby established and placed under the management of the retirement board for the purpose of providing retirement allowances for employees of the state of Rhode Island under the provisions of chapters 8 — 10 of this title. The retirement system so created shall begin operation as of July 1, 1936. It shall have the power and privileges of a corporation and shall be known as the “employees’ retirement system of the state of Rhode Island”, and by that name all of its business shall be transacted, all of its funds invested, and all of its cash, securities, and other property held.

History of Section. P.L. 1936, ch. 2334, § 2; G.L. 1938, ch. 18, § 2; G.L. 1956, § 36-8-2 .

NOTES TO DECISIONS

Authority of Retirement Board.

Superior court properly granted a union’s motion to compel arbitration and denied a city’s motion to reopen the record because the municipal police officer, who had been denied accidental disability retirement, had not retired and therefore the union had standing to pursue a grievance on his behalf and the dispute was arbitrable. The retirement board lacked authority to unilaterally retire the officer, and a letter from the officer to the city did not effectuate his retirement where his offer of retirement was conditional and the city rejected the condition. City of Cranston v. Int'l Bhd., Local 301, 230 A.3d 564, 2020 R.I. LEXIS 50 (R.I. 2020).

36-8-3. Responsibility for administration — Rules and regulations.

The general administration and the responsibility for the proper operation of the retirement system and for making effective the provisions of chapters 8 — 10 of this title are hereby vested in a retirement board. The retirement board shall, from time to time, establish rules and regulations for the administration and transaction of the business of the retirement system. Rules and regulations which have been or may be established pursuant to the provisions of this chapter shall be compiled, codified, and published so that they shall be generally available to the members of the system. The retirement board shall also perform such other functions as are required for the execution of chapters 8 — 10 of this title. The board shall also establish rules and regulations to govern the provisions of §§ 8-3-16 , 8-3-17 , 8-8-10.1 , 8-8-10.2 , 8-8.2-7 , 8-8.2-8 , 28-30-18.1 , 28-30-18.2 , 42-28-22.1 , and 42-28-22.2 .

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; G.L. 1956, § 36-8-3 ; P.L. 1976, ch. 289, § 1; P.L. 1987, ch. 330, § 1; P.L. 1988, ch. 129, art. 22, § 1; P.L. 1989, ch. 494, § 11.

NOTES TO DECISIONS

Jurisdiction.

The personnel appeal board has statutory jurisdiction to hear appeals brought by state employees from adverse employment actions pursuant to § 36-3-10 , but it does not possess the authority to determine an employee’s eligibility for state pension benefits; this belongs to the state retirement board. Perrotti v. Solomon, 657 A.2d 1045, 1995 R.I. LEXIS 123 (R.I. 1995).

Reconsiderations.

The retirement board has the authority to reconsider the claimant’s pension in view of the evidence of his employment-related federal conviction for mail fraud in order to determine whether its original decision was proper. Perrotti v. Solomon, 657 A.2d 1045, 1995 R.I. LEXIS 123 (R.I. 1995).

36-8-3.1. Immunity of board members.

The members of the retirement board shall be immune from suit in any civil action for negligence based on any official act or statement performed or made in good faith in the course of their duties as set out in § 36-8-3 .

History of Section. P.L. 1987, ch. 191, § 1.

36-8-4. Composition of retirement board.

  1. There is hereby authorized, created and established in the office of the general treasurer an independent retirement board which shall hold and administer, in trust, the funds of the retirement system in accordance with the provisions of chapters 8 — 10 of this title and shall perform such functions as authorized by law. The membership of the retirement board shall consist of: the general treasurer or his or her designee who shall be a subordinate within the general treasurer’s office; the director of administration or his or her designee who shall be a subordinate within the department of administration; a representative of the budget office or his or her designee from within the budget office, who shall be appointed by the director of administration; the president of the league of cities and towns or his or her designee; two (2) active state employee members of the retirement system or officials from state employee unions to be elected by active state employees; two (2) active teacher members of the retirement system or officials from a teachers union to be elected by active teachers; one active municipal employee member of the retirement system or an official from a municipal employees union to be elected by active municipal employees; two (2) retired members of the retirement system to be elected by retired members of the system; and four (4) public members, all of whom shall be competent by training or experience in the field of finance, accounting or pensions; two (2) of the public members shall be appointed by the governor, one of whom shall serve an initial term of three (3) years and one of whom shall serve an initial term of four (4) years and until his or her successor is appointed and qualified; and two (2) of the public members shall be appointed by the general treasurer, one of whom shall serve an initial term of three (3) years and one of whom shall serve an initial term of four (4) years and until his or her successor is appointed and qualified. Thereafter, the term of these four (4) public members shall be for four (4) years or until their successors are appointed and qualified. Meetings shall be open to the public in accordance with the provisions of chapter 42-46 of the general laws. Any member of the general public who was appointed by the governor prior to July 4, 2006 shall continue to serve until such time as a successor is appointed and qualified. Any member who was elected prior to July 4, 2006 shall serve for the remainder of his or her elected term.
  2. Meetings shall be held at such place as may be designated in the call of the meeting, provided at no cost to the state, at least monthly at the call of the chair.
  3. The elected members of the retirement board shall be seated by the following procedure:
    1. Each candidate for a position on the board must have one hundred (100) signatures of members of their respective group.
    2. The term of office for elected members shall be for four (4) years, and election of their successors shall be given by the board prior to the expiration of the terms of the incumbent elected members.
    3. By petition for recall of twenty percent (20%) of the respective membership of the various groups a new election shall be ordered by the retirement board.
  4. All gubernatorial and general treasurer appointments made under this section after July 4, 2006 shall be subject to the advice and consent of the senate. No one shall be eligible for appointment unless he or she is a resident of this state.
  5. Public members of the board shall be removable by the chair for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.
  6. Newly appointed and qualified public members shall, within six (6) months of their appointment, attend a training course that shall be developed and provided by the office of the general treasurer and shall include instruction in the following areas: the provisions of chapters 42-46, 36-14 and 38-2 of the Rhode Island general laws, the retirement statutes; and the board’s rules and regulations. The director of the department of administration shall, within ninety (90) days of July 4, 2006 prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; P.L. 1949, ch. 2376, § 1; P.L. 1952, ch. 2910, § 1; P.L. 1955, ch. 3619, § 1; G.L. 1956, § 36-8-4 ; P.L. 1972, ch. 207, § 1; P.L. 1976, ch. 289, § 1; P.L. 1979, ch. 100, § 1; P.L. 1980, ch. 176, § 1; P.L. 1987, ch. 598, § 1; P.L. 1994, ch. 142, § 3; P.L. 2006, ch. 319, § 4; P.L. 2006, ch. 444, § 4; P.L. 2011, ch. 363, § 27.

Compiler’s Notes.

Section 8 of P.L. 1994, ch. 142 provides: “If any provision of this act or any application thereof shall for any reason be judged invalid such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.”

Cross References.

Additional members representing municipal employees, § 45-21-32 .

Law Reviews.

For article, “Appointments by the Legislature Under the Rhode Island Separation of Powers Doctrine: The Hazards of a Road Less Traveled,” see 1 R.W.U.L. Rev. 1 (1996).

36-8-4.1. Fiduciary and continuing education requirements.

  1. A member of the board shall discharge duties with respect to the retirement system:
    1. Solely in the interest of the participants and beneficiaries;
    2. For the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;
    3. With the care, skill, and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;
    4. Impartially, taking into account any differing interests of participants and beneficiaries;
    5. Incurring only costs that are appropriate and reasonable; and
    6. In accordance with a good-faith interpretation of the law governing the retirement system.
  2. The retirement board shall establish mandatory continuing education requirements for members of the board.
  3. In the event the retirement board takes any action(s) contrary to the recommendation of the plan actuary, the executive director shall within thirty (30) days, provide notice of such action(s) to all plan members, the governor, the speaker of the house of representatives and the president of the senate. The notice shall also be posted electronically on the retirement board’s website.

History of Section. P.L. 2011, ch. 408, § 3; P.L. 2011, ch. 409, § 3.

Compiler’s Notes.

P.L. 2011, ch. 408, § 3, and P.L. 2011, ch. 409, § 3 enacted identical versions of this section.

36-8-5. Vacancies on board.

If, for any reason whatsoever, there shall be a vacancy in the office of an appointed member of the board the appointing authority shall appoint a successor within seventy (70) days for the balance of the vacated term; provided, however, that all gubernatorial and general treasurer appointments made under this section after July 4, 2006 shall be subject to the advice and consent of the senate. If, for any reason whatsoever, there shall be a vacancy in the office of an elected member of the board the seat shall be filled by a new election of the respective group within seventy (70) days for the balance of the vacated term.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-5 ; P.L. 1976, ch. 289, § 1; P.L. 2006, ch. 319, § 4; P.L. 2006, ch. 444, § 4; P.L. 2011, ch. 363, § 27.

36-8-6. Votes of board — Record of proceedings.

Each member of the board shall be entitled to one vote. A majority of the board shall constitute a quorum and all actions of the board shall be a majority vote of the members present and voting at which a quorum is present. The board shall keep a record of all the proceedings which shall be open to public inspection.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-6 ; P.L. 2006, ch. 319, § 4; P.L. 2006, ch. 444, § 4.

36-8-7. Reimbursement of board members.

Members of the board shall serve without compensation but shall be reimbursed for any necessary expenditures and no employee shall suffer any loss of salary or wages through serving upon the board.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-7 .

36-8-8. Annual report and statement.

The retirement board shall submit to the governor, the speaker of the house of representatives, the president of the senate and the secretary of state, on or before the first day of December in each year, an annual report showing the financial transactions of the system for the fiscal year of the state next preceding said date. The report shall contain, among other things, a financial balance sheet, a statement of income and expenditures, a valuation balance sheet as prepared by the actuary, a detailed statement of investments acquired and disposed of during the year, and such other statistical data as are deemed necessary for a proper interpretation of the condition of the system and the results of its operations. The report shall also provide: an operating statement summarizing meetings or hearings held, meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all the funds received and expended including the source of funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the board; a summary of any training courses held pursuant to § 36-8-4 ; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and the secretary of state’s website as prescribed in § 42-20-8.2 of the Rhode Island general laws. The director of the department of administration shall be responsible for the enforcement of this provision. The report shall also embody such other data as may be of use in the advancement of knowledge concerning state employee pensions and any recommendations of the board for changes in the laws pertaining to the system. The retirement board shall cause to be published for distribution among the members of the system a financial statement summarizing the results of operations for the fiscal year.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-8 ; P.L. 2006, ch. 319, § 4; P.L. 2006, ch. 444, § 4.

36-8-8.1. Repealed.

History of Section. P.L. 1992, ch. 306, art. 1, § 2; Repealed by P.L. 2011, ch. 408, § 4; P.L. 2011, ch. 409, § 4, effective November 18, 2011.

Compiler’s Notes.

Former § 36-8-8.1 concerned disclosure of special pension benefits.

36-8-8.2. Special pension benefits.

  1. No law shall be enacted conferring special pension benefits upon any individual or group of individuals unless this section is specifically repealed.
  2. The retirement board shall take no administrative action conferring special benefits upon any individual or group of individuals.

History of Section. P.L. 1994, ch. 139, § 9.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 139 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

36-8-9. Legal adviser — Treasurer — Executive officers and secretary.

  1. There shall be a legal counsel to the board who shall be appointed by the general treasurer. The general treasurer shall be ex-officio chairperson and treasurer of the retirement board and he or she shall be responsible for appointing the custodian of the funds. There shall also be an executive director who shall be appointed by the retirement board. The executive director shall be in charge of administration of the retirement system and shall serve as secretary to the retirement board. In addition, the retirement board shall appoint an assistant director who shall serve as director and/or secretary in the absence of the director.
  2. Any negotiated agreement entered into after June 1, 1992, between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules, regulations, and policies as adopted and promulgated by the retirement board shall be null and void unless and until approved by formal action of the retirement board for good cause shown.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-9 ; P.L. 1964, ch. 242, art. 8A, § 1; P.L. 1971, ch. 38, § 1; P.L. 1980, ch. 176, § 1; P.L. 1992, ch. 306, art. 1, § 1; P.L. 2011, ch. 408, § 5; P.L. 2011, ch. 409, § 5.

Compiler’s Notes.

P.L. 2011, ch. 408, § 5, and P.L. 2011, ch. 409, § 5 enacted identical amendments to this section.

36-8-10. Accounts and statistical records — Clerical and professional assistance — Disbursements.

The general treasurer, under the direction and supervision of the retirement board, shall be charged with the establishment and maintenance of such accounts and statistical records as the retirement board may require and he or she shall employ such clerical assistance as shall be necessary to carry out properly the provisions of chapters 8 — 10 of this title. The retirement board shall secure the services of an actuary who shall be the actuarial advisor of the board and who shall make the actuarial computations and valuations required by chapters 8 — 10. The retirement board shall secure the services of such physicians as shall be necessary to make the medical examinations required by those chapters. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums as may from time to time be necessary, upon receipt by him or her of vouchers prepared and duly authenticated by the chief of the retirement system.

History of Section. P.L. 1936, ch. 2334, § 3; P.L. 1937, ch. 2513, § 1; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-10 .

36-8-10.1. Payment of administrative expense of the retirement board and maintaining the retirement system — Restricted receipts account.

  1. There is hereby created a restricted receipt account, under the control of the general treasurer, the proceeds of which shall be used solely to pay the expenses of the retirement board, the cost of maintaining the retirement system, and the costs of administering the retirement system.
  2. There shall be transferred to this restricted receipt account seventeen and one-half (17.5) basis points (0.175%), where one hundred (100.0) basis points equals one percent (1.0%), of the average total investments before lending activities as reported in the annual report of the auditor general for the next preceding five fiscal years. Any nonencumbered funds on June 30 of any fiscal year shall be credited to the employees’ retirement system of the state of Rhode Island and to the municipal employees’ retirement system of the state of Rhode Island in the same proportion as their contributions to the restricted receipt account established by this section during the fiscal year.

History of Section. P.L. 1985, ch. 181, art. 7, § 1; P.L. 1986, ch. 287, art. 10, § 1; P.L. 1987, ch. 60, art. 1, § 5; P.L. 2003, ch. 376, art. 25, § 1.

36-8-11. Collection of actuarial and experience data.

The retirement board shall collect and keep in convenient form such data as shall be necessary for the preparation of the mortality and service tables and for the compilation of such other information as shall be required for the actuarial valuation of the assets and liabilities of the retirement system.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; G.L. 1956, § 36-8-11 .

36-8-12. Actuarial investigations authorized by board.

Immediately after his or her selection, the actuary shall make such investigation of the mortality, service, and compensation experience of the members as the retirement board shall authorize for the purpose of determining the proper tables to be prepared and submitted to the retirement board for adoption.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-12 .

36-8-13. Periodic actuarial investigations and valuations — Adoption of tables and rates.

Every year beginning with the year 1976, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the retirement system, and shall make a valuation of the assets and liabilities of the system, and, taking into account the result of the investigation and valuation, the retirement board shall:

  1. Adopt for the retirement system such mortality, service, and other tables as shall be deemed necessary; and
  2. Certify the rates of contribution payable by the state of Rhode Island to carry out the provisions of chapters 8 — 10 of this title in accordance with the provisions of § 36-10-2 .

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-13 ; P.L. 1976, ch. 289, § 1.

36-8-14. Annual valuation of assets and liabilities.

On the basis of such tables as the retirement board shall adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the system created by this chapter.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; G.L. 1956, § 36-8-14 .

36-8-15. Custody and investment of funds.

  1. All money immediately required for the payment of retirement allowances or other benefits shall be deemed to be held in a trust under the laws of the state of Rhode Island with respect to which the general treasurer is designated the trustee in accordance with § 36-8-20(b) . The trustee shall only invest these funds in accordance with the written objectives and guidelines established by the state investment commission pursuant to the provisions of chapter 10 of title 35 and other applicable law.
  2. All money not immediately required for the payment of retirement allowances or other benefits shall be invested in accordance with the provisions of chapter 10 of title 35 and other applicable law and shall be held in a custodial or trust account in accordance with § 36-8-20(b) .
  3. By December 31, 1994, the trust and custodial account established under this section shall be maintained pursuant to written documents which expressly provide that it shall be impossible at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the payment of retirement allowances and other pension benefits to employees and their beneficiaries (except as otherwise permitted by § 36-8-20(b) ).

History of Section. P.L. 1969, ch. 43, § 1; P.L. 1994, ch. 87, § 3.

Cross References.

Investment by state investment commission, § 35-10-2 .

NOTES TO DECISIONS

Responsibilities of School Board.

Although money paid to the system under this provision should be invested and held in trust accounts, the school board is not charged with serving as trustees for investing or holding the funds paid into those accounts, but only for ensuring that the funds are transmitted in a timely manner to the system from the same municipal-funding source that it uses to compensate teachers. Providence Teachers Union Local 958 v. Providence Sch. Bd., 748 A.2d 270, 2000 R.I. LEXIS 82 (R.I. 2000).

36-8-16. Disposition of investment earnings.

The retirement board shall credit all earned investment income from interest and dividends on investments and bank deposits during any fiscal year to the contingency reserve account.

History of Section. P.L. 1936, ch. 2334, § 3; G.L. 1938, ch. 18, § 3; P.L. 1947, ch. 1971, § 2; G.L. 1956, § 36-8-16 ; P.L. 1980, ch. 57, § 1.

36-8-17. Improper interest in investments of board.

Except as herein provided, no member of the board and no employee of the board shall have any interest, direct or indirect, in the gains or profits of any investment made by the retirement board, nor as such directly or indirectly receive any pay or emolument for his or her services. No member of the board or employee of the board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the gains or profits, except to make such current and necessary payments as are authorized by the retirement board; nor shall any member or employee of the board become an endorser or surety or become in any manner an obligor for money loaned or borrowed from the retirement board.

History of Section. P.L. 1936, ch. 2334, § 4; G.L. 1938, ch. 18, § 4; G.L. 1956, § 36-8-17 .

36-8-18. Severability.

  1. If any provision of chapters 8 — 10 of this title, any rule, or regulation made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction the remainder of those chapters, rules, or regulations and the application of those provisions to other persons or circumstances shall not be affected thereby.
  2. The invalidity of any section or sections or parts of any section or sections of those chapters shall not affect the validity of the remainder of those chapters.

History of Section. P.L. 1936, ch. 2334, § 15; G.L. 1938, ch. 18, § 15; G.L. 1956, § 36-8-18 .

36-8-19. Annual audits.

The auditor general shall conduct upon the request of the retirement board a separate annual performance audit of the retirement system which shall include a report on the actuarial valuation of the assets and liabilities of the retirement system. The auditor general may examine all records, files, and other documents, and evaluate all policies and procedures for purposes of conducting the audit. The aforementioned performance audit shall be in addition to the annual audit conducted by the auditor general of the financial statements of the retirement system. A copy of the report shall be given to the governor, the state retirement board, and the joint committee on legislative services.

History of Section. P.L. 1991, ch. 44, art. 75, § 1; P.L. 1992, ch. 306, art. 1, § 1.

36-8-20. Internal Revenue Code qualification.

  1. Intent.  It is intended that the retirement system satisfy the requirements of § 401(a) of the Internal Revenue Code of 1986 as amended from time to time, 26 U.S.C. § 401 (hereinafter referred to as the “code”), in form and operation, to the extent that those requirements apply to a governmental plan described in § 414(d) of the code, 26 U.S.C. § 414. To this end, the following provisions shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the retirement system, and shall supersede any conflicting provisions of chapters 8 — 10 of this title, of chapter 16 of title 16, or of chapter 21 of title 45.
  2. Exclusive benefit.  All funds of the retirement systems shall be held in one or more trusts, in one or more custodial accounts treated as trusts in accordance with § 401(f) of the code, or in a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries, for any part of the corpus or income to be used for, or diverted to, purposes other than the payment of retirement allowances and other pension benefits to employees and their beneficiaries. However, this requirement shall not prohibit: (1) the return of a contribution within six (6) months after the executive director determines that the contribution was made by a mistake of fact; or (2) the payment of expenses of the retirement system in accordance with applicable law.
  3. Vesting on plan termination.  In the event of the termination (within the meaning of the code) of the retirement system, the accrued benefits of eligible employees shall become fully and immediately vested but only to the extent those benefits are already funded.
  4. Forfeitures.  Credits forfeited by an employee pursuant to § 36-10-8 , § 16-16-31 , or § 45-21-28 shall not be applied to increase the benefits of any other employee.
  5. Required distributions.  Distributions shall begin to be made not later than the employee’s required beginning date as defined under § 401(a)(9) of the code and shall be made in accordance with all other requirements of that code section.
  6. Limitation on benefits.  Benefits shall not be payable to the extent that they exceed the limitations imposed by § 415 of the code, 26 U.S.C. § 415, as adjusted from time to time pursuant to § 415(d) of the code. In no event shall the member receive a retirement benefit in any year that exceeds the limitations set forth in § 415(b).
  7. Limitation on compensation.  Benefits and contributions shall not be computed with reference to any compensation that exceeds the maximum dollar amount permitted by § 401(a)(17) of the code as adjusted for increases in the cost-of-living. This provision shall take effect July 1, 1994, and shall apply only with respect to an employee who first becomes a member of the retirement system on or after that date.
  8. Actuarial determination.  Whenever the amount of any employee’s benefit is to be determined on the basis of actuarial assumptions done by a professional actuary, those assumptions shall be specified by resolution of the retirement board.
  9. Direct rollovers.  Any individual withdrawing any distribution from the retirement system which constitutes an “eligible rollover distribution” within the meaning of § 402(c) of the code, 26 U.S.C. § 402, may elect, in the time and manner prescribed by the retirement board and after receipt of proper notice, to have any portion of the distribution paid directly to another plan that is qualified under § 401(a) or 403(a), 26 U.S.C. § 403(a), of the code, or to an individual retirement account or annuity described in § 408(a) or (b) of the code, 26 U.S.C. § 408, in a direct rollover.

History of Section. P.L. 1994, ch. 87, § 1; P.L. 2008, ch. 100, art. 40, § 1.

NOTES TO DECISIONS

Construction.

In the absence of any indication by the legislature to that effect, the state Supreme Court held that the requirements of R.I. Gen. Laws § 36-8-20 had no effect on the Rhode Island Public Employee Pension Revocation and Reduction Act, R.I. Gen. Laws tit. 36, ch. 10.1. Ret. Bd. of the Emples. Ret. Sys. of R.I. v. DiPrete, 845 A.2d 270, 2004 R.I. LEXIS 61 (R.I. 2004).

36-8-21. Repealed.

History of Section. P.L. 1995, ch. 370, art. 15, § 3; P.L. 1996, ch. 179, § 1; Repealed by P.L. 2011, ch. 363, § 28, effective July 13, 2011.

Compiler’s Notes.

Former § 36-8-21 concerned a special commission.

Chapter 9 Retirement System — Membership and Service Credits

36-9-1. Earliest date of commencement of membership.

Membership in the retirement system shall begin not earlier than the first day of July, 1936, and shall consist of the persons described in §§ 36-9-2 and 36-9-3 .

History of Section. P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; P.L. 1949, ch. 2286, § 1; G.L. 1956, § 36-9-1 .

Cross References.

Application to teachers, §§ 16-16-23 , 16-17-1 .

Definitions, § 36-8-1 .

Referendum with respect to federal old-age and survivors insurance, § 36-7-10 et seq.

36-9-2. Membership of persons employed after establishment of system.

All employees as defined in chapter 8 of this title who became employees on or after July 1, 1936, shall, under contract of their employment become members of the retirement system and shall receive no pension or retirement allowance from any other pension or retirement system supported wholly or in part by the state of Rhode Island, except as provided in chapter 10.3 of title 36 and § 36-9-3 , nor shall they be required to make contributions under any other pension or retirement system of the state except as provided in chapter 10.3 of title 36, anything to the contrary notwithstanding; provided, however, that this section shall not apply to those employees who may be required or elect to participate in a retirement program existing by virtue of chapter 17.1 of title 16 or § 36-10-9.1 .

History of Section. P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; P.L. 1949, ch. 2286, § 1; G.L. 1956, § 36-9-2 ; P.L. 1967, ch. 152, § 2; P.L. 1978, ch. 384, § 1; P.L. 1982, ch. 101, § 1; P.L. 1987, ch. 329, § 2; P.L. 1989, ch. 54, § 1; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.

Compiler’s Notes.

P.L. 2011, ch. 408, § 6, and P.L. 2011, ch. 409, § 6 enacted identical amendments to this section.

36-9-2.1. Membership in other retirement systems.

  1. An employee who is a member of the retirement system may be a member of the retirement system of any union provided the union retirement plan is covered by the Employee Retirement Income Security Act of 1974 (ERISA) [29 U.S.C. § 1001 et seq.] and is tax qualified pursuant to the internal revenue service, and remain eligible to participate and receive benefits as provided in chapters 8 through 10 of this title.
  2. Participants in a union retirement system shall not receive a greater wage or benefit increase then that granted other state employees covered by a collective bargaining clause.

History of Section. P.L. 2000, ch. 199, § 1.

Federal Act References.

The bracketed reference to the United States Code was inserted by the compiler.

36-9-3. Retired members of the state police — Eligibility.

Whenever any retired member of the Rhode Island state police shall be an employee of the state or any of its agencies, commissions, or bureaus in any capacity, other than as a member of the state police, as defined in chapter 8 of this title, that employee shall be eligible to participate and receive benefits as provided in chapters 8 — 10 of this title; provided, however, that in no event shall any retired member collect a state police pension while in the employ of the state as provided herein, nor shall any years of service for which the member is eligible for a state police pension be included in or added to the members’ credits for eligibility or for benefits under chapters 8 to 10 of this title.

History of Section. P.L. 1982, ch. 101, § 2.

Repealed Sections.

For repeal of former § 36-9-3 , see the compiler’s note to § 36-9-4 .

NOTES TO DECISIONS

Consideration by Arbitrators.

Members of the state police are not and never have been members of the state employees’ retirement system, and although retired members of the state police may become members of the retirement system if they are employed after retirement pursuant to the terms of this section, an arbitration panel is not inhibited by the provisions of § 36-11-12 from considering enhancements of the retirement benefits of members of the state police union. State v. Rhode Island State Police Lodge No. 25, 544 A.2d 133, 1988 R.I. LEXIS 99 (R.I. 1988).

36-9-4. Repealed.

History of Section. This section and former § 36-9-3 (P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1941, ch. 1045, § 1; P.L. 1947, ch. 1971, § 5; P.L. 1949, ch. 2286, § 1; G.L. 1956, §§ 36-9-3 , 36-9-4 ; Repealed by P.L. 1980, ch. 170, § 1.

Compiler’s Notes.

Former §§ 36-9-3 and 36-9-4 concerned the eligibility of retired members of the state police and application to employees reentering service after absence.

36-9-5. Officers and employees exempt — Former court judges and clerks.

  1. The members of the general assembly and the general officers of the state, except to the extent herein provided, the judges of the supreme, superior, family, district courts, the traffic tribunal, judges of the workers’ compensation court except to the extent herein provided, school teachers as defined by § 16-16-1 except to the extent provided by chapter 17 of title 16, and members of the Rhode Island state police shall be exempt from the provisions of chapters 8 — 10 of this title; provided, however, that any justice or associate justice or judge of the supreme court, superior court, family court, district court, or traffic tribunal, chairperson of the workers’ compensation court, or judge of the workers’ compensation court who was a member of the retirement system prior to becoming a justice or associate justice or judge, shall, upon his or her filing with the retirement board a written waiver of all benefits under the provisions of §§ 8-3-7 8-3-11 or 28-30-15 28-30-18 be permitted to elect to remain a member of the retirement system by paying into the retirement system such sums as provided in § 36-10-1 computed on his or her salary as a justice, associate justice, or judge and shall be eligible for all benefits under this title.
  2. Any justice, associate justice, or judge who shall have retired in accordance with the provisions of this section and who shall be recalled to service shall be recalled in accordance with the provisions of § 8-3-7(c) , § 28-30-15(b) , or § 28-30-16 , or § 28-30-16.1 .

History of Section. P.L. 1936, ch. 2334, § 14; G.L. 1938, ch. 18, § 14; P.L. 1941, ch. 1048, § 1; P.L. 1947, ch. 1971, § 10; impl. am. P.L. 1948, ch. 2102, § 1; G.L. 1956, § 36-9-5 ; P.L. 1973, ch. 192, § 1; P.L. 1979, ch. 256, § 1; P.L. 1985, ch. 458, § 3; P.L. 1988, ch. 616, § 1; P.L. 2007, ch. 334, § 3; P.L. 2007, ch. 402, § 3; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.

Compiler’s Notes.

P.L. 2011, ch. 408, § 6, and P.L. 2011, ch. 409, § 6 enacted identical amendments to this section.

Cross References.

Pay and service of retired judges, § 8-3-7 et seq.

NOTES TO DECISIONS

Consideration by Arbitrators.

Members of the state police are not and never have been members of the state employees’ retirement system, and although retired members of the state police may become members of the retirement system if they are employed after retirement pursuant to the terms of § 36-9-3 , an arbitration panel is not inhibited by the provisions of § 36-11-12 from considering enhancements of the retirement benefits of members of the state police union. State v. Rhode Island State Police Lodge No. 25, 544 A.2d 133, 1988 R.I. LEXIS 99 (R.I. 1988).

36-9-6. Election by elected officers or legislative employees to become members.

Notwithstanding the fact that their business time may not be devoted exclusively to the services of the state, any member of the general assembly or any of the general officers of the state, may elect to participate in the benefits provided by chapters 8 — 10 of this title by filing an application with the board on or before December 31, 1948, or within six (6) months from the date upon which that person first qualifies for that office, whichever is later. Notwithstanding any other provision of chapters 8 — 10 of this title, upon becoming a member of the system that person shall be entitled to prior service credit covering service rendered prior to the date of becoming a member of the system for service rendered to the state as a state employee, a member of the general assembly, or as a general officer.

History of Section. G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; P.L. 1948, ch. 2050, § 1; G.L. 1956, § 36-9-6 ; P.L. 1994, ch. 142, § 2.

Compiler’s Notes.

Section 8 of P.L. 1994, ch. 142 provides: “If any provision of this act or any application thereof shall for any reason be judged invalid such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.”

36-9-7 — 36-9-9. Repealed.

History of Section. P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; P.L. 1949, ch. 2286, § 1; P.L. 1950, ch. 2621, § 1; G.L. 1956, §§ 36-9-7 , 36-9-8, 36-9-9; P.L. 1965, ch. 229, § 1; P.L. 1981, ch. 133, § 1; Repealed by P.L. 1992, ch. 306, art. 1, § 3, effective January 1, 1993.

Compiler’s Notes.

Former §§ 36-9-7 , 36-9-8, 36-9-9 concerned membership of employees originally electing not to join, prior service credit of employees whose membership is contingent on election to join, and making membership retroactive to date of employment.

36-9-10. Repealed.

History of Section. P.L. 1956, ch. 3812, § 2; G.L. 1956, § 36-9-10 ); Repealed by P.L. 1976, ch. 289, § 2.

36-9-11. Retroactive membership of elected legislator.

Any duly elected member of the general assembly who has previously rendered service as a member of the general assembly and who for any reason did not become a member of the state retirement system at the beginning of his or her service to the state as a member of the general assembly or who has otherwise failed to apply for credit for that legislative service may elect to have his or her period of membership made retroactive to the date when he or she was sworn in as a member of the general assembly irrespective of his or her age on that date; provided, that the elected member of the general assembly makes application to the board, and pays into the retirement system, in such manner as the board should by regulation provide, the contributions he or she would have paid into the system had he or she become a member immediately on the date of his or her being sworn in as a member of the general assembly, plus regular interest to date of payment.

History of Section. G.L. 1938, ch. 18, § 7; P.L. 1951, ch. 2856, § 1; P.L. 1952, ch. 2903, § 1; G.L. 1956, § 36-9-11 ; P.L. 1960, ch. 42, § 1; P.L. 1963, ch. 29, § 1; P.L. 1965, ch. 56, § 1; P.L. 1968, ch. 279, § 1; P.L. 1981, ch. 133, § 1.

NOTES TO DECISIONS

Applicability.

The provisions of this section as amended by the laws of 1960 are not applicable to former members of the general assembly who were not serving as members of the general assembly on April 13, 1960. Opinion to Governor, 92 R.I. 46 , 166 A.2d 224, 1960 R.I. LEXIS 145 (1960).

36-9-12 — 36-9-19. Repealed.

History of Section. G.L. 1938, ch. 18, § 8; P.L. 1948, ch. 2128, § 1; P.L. 1950, ch. 2446, § 1; P.L. 1955, ch. 3440, § 1; P.L. 1955, ch. 3617, § 1; P.L. 1955, ch. 3618, §§ 1, 2; P.L. 1956, ch. 3676, § 1; P.L. 1956, ch. 3693, §§ 1, 2; P.L. 1956, ch. 3736, § 1; G.L. 1956, §§ 36-9-12 — 36-9-19; P.L. 1970, ch. 148, § 1; P.L. 1970, ch. 170, § 1; P.L. 1983, ch. 273, § 1; Repealed by P.L. 1976, ch. 289, § 2; P.L. 1980, ch. 170, § 1; and P.L. 1992, ch. 306, art. 1, § 3.

Compiler’s Notes.

Former §§ 36-9-12 — 36-9-19 concerned service in an agency temporarily transferred to the federal government, credit for state police service, national reemployment service and general assembly service, and purchase of credit for legislative service.

36-9-20. Credit for service as a teacher, municipal employee, or legislator.

  1. Any state employee who shall have rendered service as a teacher as defined under the provisions of chapters 16 and 17 of title 16 shall be entitled to credit for that service for the various purposes of this system, provided the member shall have been a contributing member of this system for that period. Any state employee who shall have been a contributing member of the municipal system as defined under the provisions of chapter 21 of title 45 shall be given credit for that service for the various purposes of this system, provided the member’s contributions are transferred to this system. All contributions made by the member shall be transferred in toto to this system for the periods of service and the retirement system shall calculate the full actuarial value of the accrued benefit with the former employer. If the full actuarial value of the accrued benefit with the former employer is greater than the total employee contributions transferred, the retirement system shall also transfer the difference between the full actuarial value of the accrued benefit with the former employer and the employee’s contributions from the account of the former employer to the account of the current employer. In any case in which a member shall have received a refund or refunds of contributions made to the system, the allowance of the aforesaid credit for service shall be conditioned upon the payment of the full actuarial cost as defined in § 36-8-1(10) . Any service as defined herein for which no contributions were made may be granted provided the member pays to the retirement system the full actuarial cost as defined in § 36-8-1(10) . Any state employee or teacher as defined under the provisions of chapters 16 and 17 of title 16 who shall have been employed by a municipality that did not elect to accept chapter 21 of title 45 as provided in § 45-21-4 shall be given credit for that service for the various purposes of this system, provided that the employee shall have met the definitional requirements of “employee” as stated in § 45-21-2(7) and provided the member pays to the retirement system an amount equal to the full actuarial value of the credit as certified by the retirement board; provided, however, that any state employee who shall have been employed by a municipality that did not elect to accept chapter 21 of title 45 as provided in § 45-21-4 shall be given credit for that service for the various purposes of this system, to a maximum period of four (4) years, provided the member pays to the retirement system the full actuarial cost as defined in § 36-8-1(10). Nothing in this section shall be deemed to allow the purchase of four (4) years of service for credit in more than one retirement system.
  2. Any member who shall have rendered service both as a state employee under § 36-10-9 , and service under § 36-10-9 .2(a), shall be eligible to elect to combine the member’s service under § 36-10-9.2(a) and service under § 36-10-9 to determine the member’s retirement eligibility date under § 36-10-9. For any member making this election, the member will receive a single benefit equal to the accrued benefit computed under § 36-10-10 .2, plus the accrued benefit computed under § 36-10-10 .
  3. The retirement board shall fix and determine rules and regulations to govern the provisions of this section.

History of Section. G.L. 1938, ch. 18, § 8; P.L. 1951, ch. 2830, § 3; G.L. 1956, § 36-9-20 ; P.L. 1970, ch. 112, art. 9, § 1; P.L. 1974, ch. 260, § 2; P.L. 1975, ch. 217, § 1; P.L. 1977, ch. 207, § 1; P.L. 1983, ch. 211, § 4; P.L. 1984, ch. 304, § 1; P.L. 1984, ch. 431, § 1; P.L. 1986, ch. 469, § 1; P.L. 1986, ch. 471, § 1; P.L. 1994, ch. 142, § 4; P.L. 1996, ch. 435, § 1; P.L. 1998, ch. 70, § 2; P.L. 1998, ch. 291, § 2; P.L. 2009, ch. 68, art. 7, § 2; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6; P.L. 2019, ch. 171, § 1; P.L. 2019, ch. 233, § 1.

Compiler’s Notes.

Section 8 of P.L. 1994, ch. 142 provides: “If any provision of this act or any application thereof shall for any reason be judged invalid such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.”

P.L. 1998, ch. 70, § 2 and P.L. 1998, ch. 291, § 2 made amendments to this section that were identical except for a minor stylistic difference.

P.L. 2011, ch. 408, § 6, and P.L. 2011, ch. 409, § 6 enacted identical amendments to this section.

P.L. 2019, ch. 171, § 1, and P.L. 2019, ch. 233, § 1 enacted identical amendments to this section.

Severability.

P.L. 1998, ch. 70, § 4 and P.L. 1998, ch. 291, § 4 each declares the provisions of the respective act severable, so that if any provision of the act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provisions or application.

Cross References.

Membership of teachers in state schools, § 16-17-1 .

Service credit under teachers’ retirement law, §§ 16-16-8 , 16-17-1 .

36-9-20.1 — 36-9-20.4. Repealed.

History of Section. P.L. 1981, ch. 179, § 1; P.L. 1986, ch. 551, § 1; P.L. 1987, ch. 372, § 1; P.L. 1989, ch. 560, § 1; Repealed by P.L. 1990, ch. 373, § 2 and P.L. 1992, ch. 306, art. 1, § 3.

Compiler’s Notes.

Former §§ 36-9-20.1 — 36-9-20.4 concerned credit for teaching in private schools, contributions and credit for teaching outside state, credit for honorably discharged veterans, and purchase of service credit.

36-9-20.5. Purchase of service credit — Inactive status.

Notwithstanding any general or public law to the contrary, any state employee or teacher participating in the employees’ retirement system who is on workers’ compensation may purchase up to four (4) years of service credit for time currently permitted to be purchased under law without the necessity of returning to active status as an employee. The member shall pay to the system the full actuarial cost as defined in subsection 36-8-1(9) , except as provided in § 36-9-31 for military service credit.

History of Section. P.L. 1988, ch. 409, § 1; P.L. 1989, ch. 352, § 1; P.L. 1994, ch. 139, § 4; P.L. 2009, ch. 68, art. 7, § 2.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 139 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

Section 12 of P.L. 1994, ch. 139 provides that the amendment of this section by that Act shall apply only to individuals placed on official leave of absence on or after the effective date of this act [July 6, 1994].

36-9-21. Service information submitted by department heads.

It shall be the duty of the head of each department and agency to furnish at the times and in the manner that the retirement board and/or the retirement system may direct, information concerning the name, title, compensation, duties, date of birth, and length of service of each member employed, and any other information which the retirement board or retirement system considers necessary for the proper execution of this chapter, and to give prompt notice of all appointments, removals, deaths, resignations, leaves of absence and changes in pay of members.

History of Section. P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; G.L. 1956, § 36-9-21 ; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.

Compiler’s Notes.

P.L. 2011, ch. 408, § 6, and P.L. 2011, ch. 409, § 6 enacted identical amendments to this section.

36-9-22. Cessation of membership.

If any member becomes a beneficiary, dies, or receives a refund of contributions, he or she shall thereupon cease to be a member, subject, however, to the provisions of § 36-10-8 in regard to reinstatement of membership in the case of a member who has received a refund and who has subsequently reentered the service of the state.

History of Section. P.L. 1936, ch. 2334, § 7; G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; G.L. 1956, § 36-9-22 .

36-9-23. Inactive membership.

If a member leaves the service of the state but does not receive a refund of his or her contributions, his or her membership in the system shall continue but his or her status shall be that of an inactive member. In no event shall an inactive member be entitled to an annuity, benefit, or retirement allowance under chapters 8 — 10 of this title other than a refund of his or her contributions as provided in § 36-10-8 or except as provided in § 36-10-11 unless he or she shall reenter the service and be in the service of the state at the time he or she claims to be entitled to any annuity, benefit, or retirement allowance.

History of Section. G.L. 1938, ch. 18, § 7; P.L. 1947, ch. 1971, § 5; G.L. 1956, § 36-9-23 .

36-9-24. Part-time school lunch employees.

  1. Whenever any state school lunch employee, who is a member of the system as a full-time employee is involuntarily transferred to a position of less than twenty (20) hours per week, the employee shall remain a contributing member of the retirement system and receive full credit for that part-time service, provided the service shall be at least fifteen (15) hours per week.
  2. Whenever a school lunch employee previously ineligible for membership in the system because of employment less than twenty (20) hours per week, subsequently becomes eligible for membership but who has since attained the age of sixty (60) years, the employee shall have the option to join the system at the time of the subsequent eligible employment status.

History of Section. P.L. 1983, ch. 211, § 3; P.L. 1987, ch. 547, § 1.

Repealed Sections.

Former § 36-9-24 (P.L. 1936, ch. 2334, § 8; G.L. 1938, ch. 18, § 8; P.L. 1947, ch. 1971, § 6; G.L. 1956, § 36-9-24 ), concerning filing statement of prior service, was repealed by P.L. 1980, ch. 170, § 1.

36-9-25. Standard for year’s service credits.

  1. The retirement board shall fix and determine, by appropriate rules and regulations, how much service in any year is equivalent to a year of service, but in computing that service or in computing the compensation it shall credit no period of more than a month’s duration during which a member was absent without pay nor shall more than one year of service be credited on account of all service in one calendar year.
  2. Notwithstanding any other section of law, no member of the retirement system shall be permitted to purchase service credit for any portion of a year for which he or she is already receiving service credit in this retirement system.

History of Section. P.L. 1936, ch. 2334, § 8; G.L. 1938, ch. 18, § 8; G.L. 1956, § 36-9-25 ; P.L. 1959, ch. 105, § 1; P.L. 1969, ch. 29, § 1; P.L. 1980, ch. 174, § 1; P.L. 1997, ch. 169, § 2.

NOTES TO DECISIONS

Double Counting.

Pursuant to subsection (b), plaintiffs who simultaneously worked for the state and served in the National Guard or reserves would be eligible to receive only one year of retirement credit for one calendar year of service. Almeida v. Ret. Bd. of the R.I. Emples. Ret. Sys., 116 F. Supp. 2d 269, 2000 U.S. Dist. LEXIS 14741 (D.R.I. 2000).

Federal Preemption.

Because the limitation in subsection (b) applies universally, regardless of whether an individual receives a military pension, it does not conflict with federal law and is not preempted by any federal statute. Almeida v. Ret. Bd. of the R.I. Emples. Ret. Sys., 116 F. Supp. 2d 269, 2000 U.S. Dist. LEXIS 14741 (D.R.I. 2000).

36-9-25.1. Leave service credits.

  1. Notwithstanding any other provisions of the retirement law or rulings of the retirement board in accordance with the powers vested therein, state employees with at least one year of service who have been granted by their appointing authority a leave of absence without pay to further their education in the field of their state employment, shall be entitled to credit as service for the various purposes of their retirement system, provided the person, upon completion of his or her educational leave, returns to state service for at least one year; and provided further that the employee makes arrangements to pay into the retirement system on or before the date of retirement and in such manner as the retirement board may prescribe an amount equal to the full actuarial cost as defined in § 36-8-1(10) based upon his or her expected compensation but for the granting of leave without pay.
  2. Any state employee who is granted a leave of absence without pay for illness, injury, or any other reason may receive credit therefor by making the full actuarial cost as defined in § 36-8-1(10) ; provided the employee returns to state service for at least one year upon completion of the leave. Credit for leaves of absence shall be limited in the aggregate during the total service of an employee to a period of four (4) years.

History of Section. G.L. 1956, § 36-9-25.1 ; P.L. 1966, ch. 192, § 1; P.L. 1967, ch. 95, § 1; P.L. 1973, ch. 139, § 1; P.L. 1979, ch. 23, § 1; P.L. 1980, ch. 174, § 1; P.L. 1980, ch. 368, § 1; P.L. 1981, ch. 121, § 1; P.L. 1994, ch. 139, § 5; P.L. 2009, ch. 68, art. 7, § 2; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 139 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

Section 12 of P.L. 1994, ch. 139 provides that the amendment of this section by that Act shall apply only to individuals placed on official leave of absence on or after the effective date of this act [July 6, 1994].

P.L. 2011, ch. 408, § 6, and P.L. 2011, ch. 409, § 6 enacted identical amendments to this section.

36-9-26. Credits for layoffs.

  1. Members who are laid off for any reason and are not on leave without pay may purchase up to one years’ credit for retirement purposes; provided the member did not withdraw his or her retirement contributions while on layoff, and returns to active membership; provided, further, that the member purchases that credit upon his or her return to service from the layoff and pays into the retirement system the full actuarial cost as defined in § 36-8-1(10) .
  2. The retirement board shall fix and determine rules and regulations to govern the provisions of this section.

History of Section. P.L. 1983, ch. 313, § 1; P.L. 1988, ch. 520, § 1; P.L. 1989, ch. 474, § 1; P.L. 2009, ch. 68, art. 7, § 2; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.

Compiler’s Notes.

P.L. 2011, ch. 408, § 6, and P.L. 2011, ch. 409, § 6 enacted identical amendments to this section.

Repealed Sections.

Former section 36-9-26 (P.L. 1936, ch. 2334, § 8; G.L. 1938, ch. 18, § 8; G.L. 1956, § 36-9-26 ), concerning verification of prior service, was repealed by P.L. 1980, ch. 170, § 1.

36-9-27. Repealed.

History of Section. P.L. 1936, ch. 2334, § 8; G.L. 1938, ch. 18, § 8; P.L. 1947, ch. 1971, § 6; G.L. 1956, § 36-9-27 ; Repealed by P.L. 1980, ch. 170, § 1.

Compiler’s Notes.

Former § 36-9-27 concerned prior service certificates.

36-9-28. Service creditable on retirement.

At retirement, the total service credited a member shall consist of the service rendered by him or her as an employee during his or her membership, and also, if he or she has a prior service certificate which is in full force and effect, the service as an employee certified on his or her prior service certificate.

History of Section. P.L. 1936, ch. 2334, § 8; G.L. 1938, ch. 18, § 8; P.L. 1947, ch. 1971, § 6; G.L. 1956, § 36-9-28 .

36-9-29, 36-9-30. Repealed.

History of Section. G.L. 1956, §§ 36-9-29 , 36-9-30; P.L. 1961, ch. 197, § 1; P.L. 1963, ch. 154, § 1; P.L. 1966, ch. 282, art. 4, § 12; Repealed by P.L. 1980, ch. 170, § 1 and P.L. 1992, ch. 306, art. 1, § 3.

Compiler’s Notes.

Former §§ 36-9-29 , 36-9-30 concerned employees of the national guard and credit for service to Charles V. Chapin Hospital employees.

36-9-31. Armed service credit.

  1. Any active member of the retirement system, who served on active duty in the armed service of the United States or in the Merchant Marine service of the United States as defined in P.L. 1946, ch. 1721, § 2 may purchase credit for that service up to a maximum of four (4) years provided that he or she has received an honorable discharge. Provided further that any employee on an official leave of absence for illness or injury shall be eligible to purchase military credits as defined herein while on the leave of absence.
  2. The cost to purchase these credits shall be ten percent (10%) of the member’s first year’s earnings as a state employee as defined in chapter 9 of this title, multiplied by the number of years and fraction thereof of the armed service or Merchant Marine service up to a maximum of four (4) years.
  3. There will be no interest charge provided the member makes that purchase during his or her first five (5) years of membership in the retirement system, but will be charged regular interest to date of purchase from date of enrollment into membership if purchased after completing five (5) years of membership; provided, however, any member who was in the retirement system prior to July 1, 1980, would not be charged interest whenever he or she purchases the armed services credit.

History of Section. P.L. 1980, ch. 173, § 2; P.L. 1981, ch. 344, § 2; P.L. 1984, ch. 21, § 1; P.L. 1984, ch. 242, § 1; P.L. 1984, ch. 425, § 1; P.L. 1985, ch. 183, § 1; P.L. 1986, ch. 463, § 1; P.L. 1988, ch. 510, § 1; P.L. 1992, ch. 306, art. 1, § 4; P.L. 1997, ch. 169, § 2.

Repealed Sections.

Former § 36-9-31 (P.L. 1970, ch. 213, § 2; P.L. 1971, ch. 235, § 1; P.L. 1972, ch. 34, § 1; P.L. 1972, ch. 167, § 1; P.L. 1977, ch. 212, § 1) was repealed by P.L. 1980, ch. 173, § 1.

NOTES TO DECISIONS

Armed Service Credit.

The 1992 amendment to this section, which changed the vesting requirement, did not rise to the level of a substantial impairment of the defendant’s contract in violation of the Contract Clause, U.S. Const. Art. I, § 10; the amendment was merely a reasonable modification permitted under the terms of the implied contract by § 45-21-47 . McGrath v. Rhode Island Retirement Bd., 906 F. Supp. 749, 1995 U.S. Dist. LEXIS 16537 (D.R.I. 1995), aff'd, 88 F.3d 12, 1996 U.S. App. LEXIS 16291 (1st Cir. 1996).

Contract.

The plaintiff ’s 1991 purchase of military service credit pursuant to §§ 45-21-53 and 36-9-31 formed an implied in fact contract between himself and the retirement system. McGrath v. Rhode Island Retirement Bd., 906 F. Supp. 749, 1995 U.S. Dist. LEXIS 16537 (D.R.I. 1995), aff'd, 88 F.3d 12, 1996 U.S. App. LEXIS 16291 (1st Cir. 1996).

Purchase of Credit.

The state is free to enact limitations on the type and amount of service for which members of the retirement system can purchase retirement credit, but federal law will preempt any state law that differentiates between those who receive a military pension and those who do not when offering former military personnel the opportunity to purchase retirement credit. Almeida v. Ret. Bd. of the R.I. Emples. Ret. Sys., 116 F. Supp. 2d 269, 2000 U.S. Dist. LEXIS 14741 (D.R.I. 2000).

36-9-31.1. Peace corps, teacher corps, and volunteers in service to America.

  1. Any active member who served in the peace corps, teacher corps, or in volunteers in service to America may purchase credit for that service up to a maximum of four (4) years in the aggregate; provided, that any member on an official leave of absence for illness or injury shall be eligible to purchase those credits while on the leave of absence.
  2. The cost to purchase these credits shall be the full actuarial cost as defined in § 36-8-1(10) of that service in the peace corps, teacher corps, or VISTA, up to a maximum of four (4) years.

History of Section. P.L. 1985, ch. 423, § 2; P.L. 1989, ch. 473, § 1; P.L. 1992, ch. 306, art. 1, § 4; P.L. 2009, ch. 68, art. 7, § 2; P.L. 2011, ch. 363, § 29; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.

Compiler’s Notes.

P.L. 2011, ch. 408, § 6, and P.L. 2011, ch. 409, § 6 enacted identical amendments to this section.

36-9-31.2 — 36-9-35. Repealed.

History of Section. P.L. 1976, ch. 129, §§ 1, 2; P.L. 1980, ch. 170, § 1; P.L. 1980, ch. 284, § 1; P.L. 1987, ch. 613, § 1; P.L. 1987, ch. 615, § 1; P.L. 1989, ch. 477, § 1; P.L. 1990, ch. 516, § 1; Repealed by P.L. 1988, ch. 486, § 1; and 1992, ch. 306, art. 1, § 3.

Compiler’s Notes.

Former §§ 36-9-31.2 — 36-9-35 concerned service credits.

36-9-36. Narragansett Bay water quality management commission — Merger — New employees.

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

History of Section. P.L. 1992, ch. 133, art. 108, § 1; P.L. 1999, ch. 225, § 4.

36-9-37. Purchase of credit while serving a prison sentence — Prohibited.

Notwithstanding any other provisions of the retirement law or rulings of the retirement board in accordance with the powers vested to the board, no member of the retirement system shall be allowed to purchase service credits for time while incarcerated in prison, including, but not limited to, work release programs or home confinement programs.

History of Section. P.L. 1992, ch. 306, art. 1, § 5.

36-9-38. Purchase of credits for continuous state service.

Notwithstanding any other provision of the retirement laws of this state, any active member of the employees’ retirement system who was 60 years of age or greater when his or her employment commenced, and commenced employment before June 22, 1989, and was ineligible by state law from joining the retirement system shall be allowed to purchase service credits for actual past employment. The number of years for which credits may be purchased shall be limited to the difference between the date upon which they commenced employment at 60 years of age or greater and June 22, 1989, when they were required by law to join the retirement system. Purchase of the past service credits shall be at the rate that contributions would have been calculated at the time of past service, plus interest.

History of Section. P.L. 1993, ch. 231, § 1.

36-9-39. Rhode Island airport corporation — Transferred employees.

  1. Definitions.  For the purposes of this section:
    1. “Airport corporation” means the Rhode Island airport corporation, a governmental agency and public instrumentality of the state of Rhode Island.
    2. “Employee contribution accumulation” means an amount equal to the total member contributions of the transferred employees which were picked up and paid by the airport corporation to the trust maintained by the airport corporation to receive those contributions during the interim period plus actual earnings on the contributions. The employee contribution accumulation attributable to each transferred employee shall be treated as such employee’s accumulated contributions for purposes of chapters 9 and 10 of this title.
    3. “Employer contribution accumulation” means an amount equal to the required contributions applicable to the interim period.
    4. “Interim period” means the period from the transfer date to the date that the requirement of subsection (c) is satisfied.
    5. “Required contribution” means the amount or amounts required to be contributed to the retirement system by the airport corporation in addition to the member contributions of the transferred employees in order to fund the benefits attributable to the transferred employees earned after the transfer date in accordance with the provisions of this section. The amount of the airport corporation’s required contribution for any relevant period following the transfer date shall be an amount determined by multiplying the rate percent established in accordance with § 36-10-2 for the period by the compensation paid by the airport corporation to the transferred employees during the period. The airport corporation shall make its required contribution, other than the required contribution for the interim period, in bi-weekly installments, each to be made within three (3) business days following the pay day. The required contribution applicable to the interim period shall be made in accordance with the provisions of subsection (c) of this chapter.
    6. “Transfer date” means July 1, 1993.
    7. “Transferred employee” means any individual who was an employee of the department of transportation of the state of Rhode Island on the date immediately preceding the transfer date, and was an active member of the retirement system on the date immediately preceding the transfer date, and who became an employee of the airport corporation on the transfer date.
  2. Subject to subsections (c), (d) and (e) of this section, the period of service of any transferred employee with the airport corporation after the transfer date shall be treated as service as an employee of the state of Rhode Island for purposes of Chapters 8, 9, and 10 of this title.
  3. The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section, the airport corporation transfers, or causes to have transferred from a trustee or other custodian, to the retirement system, an amount equal to the sum of the employees contribution accumulation and the employer contribution accumulation.
  4. Notwithstanding the foregoing, any individual who is a transferred employee shall not be considered an employee of the state of Rhode Island under subsection (b) for any period of employment in a category of employment making him or her eligible for any other retirement income benefit funded by the airport corporation under a retirement plan sponsored by the airport corporation and intended to qualify under § 401(a)(4), 26 U.S.C. 401(a)(4), of the United States Internal Revenue Code.
  5. Provided the requirement of subsection (c) of this section is satisfied:
    1. Any retirement or death benefit provided to or on behalf of a transferred employee during the interim period by the airport corporation, or a trust established and maintained by the airport corporation, shall be considered provided by the state of Rhode Island retirement system and the amount of benefit paid by the airport corporation, or the trustee, shall reduce the amount required to be transferred to the retirement system under subsection (c) of this section.
    2. Subsection (b) shall continue to apply after the date of transfer specified in subsection (c) with respect to the period for which the airport corporation thereafter makes its required contribution to the retirement system. In the event that the airport corporation ceases to make its required contribution, the transferred employees shall be considered inactive members of the retirement system as of the date of cessation.
    3. The member contributions of the transferred employees shall be considered picked up and paid by the airport corporation to the retirement system after the interim period pursuant to the provisions of § 414(h)(2), 26 U.S.C. 414(h)(2), of the United States Internal Revenue Code. The contributions so picked up shall be treated as employer contributions in determining the tax treatment under the United States Internal Revenue Code and shall not be included as gross income of the transferred employee until such time as they are distributed.

History of Section. P.L. 1994, ch. 95, § 1.

36-9-40. Rhode Island airport corporation — Transferred employees — Bumping rights.

In the event of an adverse employer initiated action by the Rhode Island airport corporation, transferred employees shall be entitled to exercise their bumping rights within the corporation to bump within other bargaining units within Council 94. An adverse employer initiated action is defined as a layoff, job abolishment, privatization, or subcontract of functions within the airport system.

History of Section. P.L. 1994, ch. 95, § 1.

36-9-41. Rhode Island airport corporation — Uninterrupted state service.

Transferred employees who return to employment with the state of Rhode Island directly from uninterrupted employment with the Rhode Island airport corporation shall have their length of service at the Rhode Island airport corporation deemed to be uninterrupted active state service for purposes of service credits in the state retirement system.

History of Section. P.L. 1994, ch. 95, § 1.

36-9-42. Rhode Island economic development corporation — Transferred employees.

  1. Definitions.  For the purposes of this section:
    1. “Economic development corporation” means the Rhode Island economic development corporation, a governmental agency and public instrumentality of the state of Rhode Island.
    2. “Employee contribution accumulation” means an amount equal to the total member contributions of the transferred employees which were picked up and paid by the economic development corporation to the trust maintained by the economic development corporation to receive the contributions during the interim period plus actual earnings on those contributions. The employee contribution accumulation attributable to each transferred employee shall be treated as the employee’s accumulated contributions for purposes of chapter 9 and 10 of this title.
    3. “Employer contribution accumulation” means an amount equal to the required contributions applicable to the interim period.
    4. “Interim period” means the period from the transfer date to the date that the requirement of subsection (c) is satisfied.
    5. “Required contribution” means the amount or amounts required to be contributed to the retirement system by the economic development corporation in addition to the member contributions of the transferred employees in order to fund the benefits attributable to the transferred employees earned after the transfer date in accordance with the provisions of this section. The amount of the economic development corporation’s required contribution for any relevant period following the transfer date shall be an amount determined by multiplying the rate percent established in accordance with § 36-10-2 for the period by the compensation paid by the economic development corporation to the transferred employees during such period. The economic development corporation shall make its required contribution, other than the required contribution for the interim period, in bi-weekly installments, each to be made within three (3) business days following the pay day. The required contribution applicable to the interim period shall be made in accordance with the provisions of subsection (c) of this section.
    6. “Transfer date” means the effective date of this article.
    7. “Transferred employee” means any individual who was an employee of the department of economic development of the state of Rhode Island on the date immediately preceding the transfer date and was an active member of the retirement system on the date immediately preceding the transfer date and who became an employee of the economic development corporation on the transfer date.
  2. Subject to subsections (c), (d), and (e) of this section, the period of service of any transferred employee with the economic development corporation after the transfer date shall be treated as service as an employee of the state of Rhode Island for purposes of Chapters 8, 9, and 10 of this title.
  3. The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section, the economic development corporation transfers or causes to have transferred from a trustee or other custodian to the retirement system, an amount equal to the sum of the employee contribution accumulation and the employer contribution accumulation.
  4. Notwithstanding the foregoing, any individual who is a transferred employee shall not be considered an employee of the state of Rhode Island under subsection (b) for any period of employment during which he or she elects to participate in any other retirement income benefit funded by the economic development corporation under a retirement plan sponsored by the economic development corporation and intended to qualify under § 401(a)(4), 26 U.S.C. 401(a)(4), of the United States Internal Revenue Code.
  5. Provided the requirement of subsection (c) of this section is satisfied:
    1. Any retirement or death benefit provided to or on behalf of a transferred employee during the interim period by the economic development corporation, or a trust established and maintained by the economic corporation shall be considered provided by the retirement system and the amount of benefit paid by the economic development corporation or the trustee shall reduce the amount required to be transferred to the retirement system under subsection (c) of this section.
    2. Subsection (b) shall continue to apply after the date of transfer specified in subsection (c) with respect to the period for which the economic development corporation thereafter makes its required contribution to the retirement system. In the event that the economic development corporation ceases to make its required contribution, the transferred employees shall be considered inactive members of the retirement system as of the date of cessation.
    3. The member contributions of the transferred employees shall be considered picked up and paid by the economic development corporation to the retirement system after the interim period pursuant to the provisions of § 414(h)(2), 26 U.S.C. 414(H)(2), of the United States Internal Revenue Code. The contributions so picked up shall be treated as employer contributions in determining the tax treatment under the United States Internal Revenue Code and shall not be included as gross income of the transferred employee until such time as they are distributed.
    4. All transferred employees who are contributing members of the employees retirement system shall continue as members unless they elect to cease contributions as of October 31, 1995. Any transferred employee who has contributed for at least ten (10) years may elect to participate in an alternative retirement program and still maintain vested rights to a pension within the employees retirement system. All transferred employees shall have ninety (90) days to make their election to participate in an alternative retirement program.

History of Section. P.L. 1995, ch. 370, art. 12, § 25.

36-9-43. Rhode Island economic development corporation — Uninterrupted state service.

Transferred employees, as defined in § 36-9-42 , who return to employment with the state of Rhode Island directly from uninterrupted employment with the Rhode Island economic development corporation shall have their length of service at the Rhode Island economic development corporation deemed to be uninterrupted active state service for purposes of service credits in the retirement system.

History of Section. P.L. 1995, ch. 370, art. 12, § 25.

36-9-44. Narragansett Bay Water Quality Management District Commission — Transferred employees.

  1. Definitions. — For the purposes of this section:
    1. “Commission” means the Narragansett Bay Water Quality Management District Commission, a public corporation of the state of Rhode Island.
    2. “Employee contribution accumulation” means an amount equal to the total member contributions of the transferred employees which were picked up and paid by the commission to the trust maintained by the commission to receive such contributions during the interim period plus actual earnings on such contributions. The employee contribution accumulation attributable to each transferred employee shall be treated as such employee’s accumulated contributions for purposes of chapters 9 and 20 of this title.
    3. “Employer contribution accumulation” means an amount equal to the required contributions applicable to the interim period.
    4. “Interim period” means the period from the transfer date to the date that the requirement of subsection (c) is satisfied.
    5. “Required contribution” means the amount or amounts required to be contributed to the retirement system by the commission in addition to the member contributions of the transferred employees in order to fund the benefits attributable to the transferred employees earned after the transfer date in accordance with the provisions of this section. The amount of the required contribution for any relevant period following the transfer date shall be an amount determined by multiplying the rate percent established in accordance with § 36-10-2 for the period by the compensation paid by the commission to the transferred employees during such period. The commission shall make its required contribution, other than the required contribution for the interim period, in bi-weekly installments, each to be made within three (3) business days following the pay day. The required contribution applicable to the interim period shall be made in accordance with the provisions of section (c) of this chapter.
    6. “Transfer date” means the effective date of this section.
    7. “Transferred employee” means any individual who was an employee of the commission on the date immediately preceding the transfer date, was an active member of the retirement system on the date immediately preceding the transfer date and who, from and after the transfer date, is an employee of the commission who is continuously a collectively bargained employee (within the meaning of the regulations issued under § 410(b)(3)(a) of the Internal Revenue Code [26 U.S.C. § 410(b)(3)(a)]).
  2. Subject to subsections (c), (d) and (e) of this section, the period of service of any transferred employee with the commission after the transfer date shall be treated as service as an employee of the state of Rhode Island for purposes of chapters 8, 9 and 10 of this title.
  3. The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section, the commission transfers, or causes to have transferred from a trustee or other custodian, to the retirement system, an amount equal to the sum of the employee contribution accumulation and the employer contribution accumulation.
  4. Notwithstanding the foregoing, any individual who is a transferred employee shall not be treated as an employee of the state of Rhode Island under subsection (b) for any period of employment during which he or she elects to participate in any other retirement income benefit funded by the commission under a retirement plan sponsored by the commission and intended to qualify under § 401(a) or § 408(k) [26 U.S.C. § 401(a) or § 408(k)] of the United States Internal Revenue Code.
  5. Provided the requirement of subsection (c) of this section is satisfied:
    1. Any retirement or death benefit provided to or on behalf of a transferred employee during the interim period by the commission, or a trust established and maintained by the commission shall be considered provided by the retirement system and the amount of benefit paid by the commission or the trustee, shall reduce the amount required to be transferred to the retirement system under subsection (c) of this section.
    2. Subsection (b) shall continue to apply after the date of transfer specified in subsection (c) with respect to the period for which the commission thereafter makes its required contribution to the retirement system. In the event that the commission ceases to make its required contribution, the transferred employees shall be considered inactive members of the retirement system as of the date of such cessation.
    3. The member contributions of the transferred employees shall be considered picked up and paid by the commission to the retirement system after the interim period pursuant to the provisions of § 414(h)(2) [26 U.S.C. § 414(h)(2)] of the United States Internal Revenue Code. The contributions so picked up shall be treated as employer contributions in determining the tax treatment under the United States Internal Revenue Code, and shall not be included as gross income of the transferred employee until such time as they are distributed.
    4. All employees (whether or not employed on the transfer date) who are members of a collective bargaining unit that, on the transfer date, had members who were contributing members of the employees’ retirement system shall be contributing members of the employees’ retirement system if so provided by a collective bargaining agreement.

History of Section. P.L. 1999, ch. 225, § 5.

36-9-45. Narragansett Bay Water Quality Management District Commission — Uninterrupted state service.

Transferred employees, as defined in § 36-9-44 , who return to employment with the state of Rhode Island directly from uninterrupted employment with the commission shall have their length of service at the commission deemed to be uninterrupted active state service for purposes of service credits in the retirement system, and for the benefits provided for in §§ 36-4-59 , 36-5-7 and 36-5-8 .

History of Section. P.L. 1999, ch. 225, § 5.

36-9-46. Transfer of state employees to Narragansett Bay water quality management district commission — Union employees.

The transfer of state employees to commission employees shall not alter existing bargaining units, any provision of the general laws to the contrary notwithstanding.

History of Section. P.L. 1999, ch. 225, § 5.

36-9-47. Purchase of service credits payable by installment.

Notwithstanding any other provisions of this chapter or of any other public or general law to the contrary, the retirement board shall permit individuals who purchase service credit to do so in installments. The retirement board shall create, by rule and regulation, provisions allowing that individuals purchasing service credit may do so on an installment plan by payroll deduction not to exceed five (5) years, provided that all purchases must be made prior to retirement. The retirement board shall charge interest at the actuarial assumed rate of return adopted by the board for purchases made on an installment plan.

History of Section. P.L. 2001, ch. 193, § 2; P.L. 2001, ch. 269, § 2.

36-9-48. Underground storage tank financial review board — Transferred employees.

  1. Definitions.  For the purposes of this section:
    1. “UST Board” means the Rhode Island Underground Storage Tank Financial Review Board, a governmental agency and a public instrumentality of the state of Rhode Island.
    2. “Transfer date” means July 1, 2006.
    3. “Transferred employee” means any individual who was an employee of the UST Board of the state of Rhode Island on the date immediately preceding the transfer date, and who became an employee of the state of Rhode Island, department of environmental management on the transfer date.
  2. Transferred employees who return to employment with the state of Rhode Island directly from uninterrupted employment with the Rhode Island Underground Storage Tank Financial Responsibility Review Board shall have their length of service at the UST Board deemed to be uninterrupted active state service for the purposes of service credits in the state retirement system.
  3. The period of service of any transferred employee from December 29, 2002, to the date of transfer shall be treated as service as an employee of the state of Rhode Island for the purposes of chapters 8, 9 and 10 of this title.
  4. The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section [July 1, 2006], the UST Board transfers, or causes to have transferred from a trustee or other custodian, to the retirement system, an amount equal to the sum of the employees contribution accumulation and the employer contribution accumulation. The amount of transfer shall be determined by the retirement board at full actuarial cost as defined by § 36-8-1(10) for the period of service December 29, 2002, to the transfer date. This will be reduced by the transfer to the retirement board of any and all contributions made to the UST Board’s Simple IRA by and on behalf of the transferred employees.
  5. Transferred employees who return to service with the state of Rhode Island directly from uninterrupted employment with the Rhode Island Underground Storage Tank Financial Review Board, henceforth referred to as “UST Board” shall have their length of service at the UST Board deemed to be uninterrupted active state service for purposes of service credits in the state retirement system.

History of Section. P.L. 2006, ch. 246, art. 27, § 4; P.L. 2012, ch. 415, § 6.

Chapter 9.1 Restricting Membership in Retirement System to Teachers and State Employees

36-9.1-1. Findings.

The general assembly hereby finds the following: The grant of the opportunity to an individual to purchase, pursuant to P.L. 1987, ch. 613 as codified in § 36-9-33 (repealed by P.L. 88-486), (hereinafter “§ 36-9-33, repealed“), credit in, and/or to become a member of the retirement systems established under chapter 16 of title 16, chapter 21 of title 45, and/or chapters 8 — 10 of this title (”retirement systems”) bears no rational relationship to any legitimate governmental purpose. The continued accrual of benefits by the beneficiaries of § 36-9-33 (repealed) and the continued payment of money under § 36-9-33 (repealed) will cause an invasion of the corpus of the retirement systems funds in abrogation of those sections of the Internal Revenue Code of 1986 as amended from time to time which apply to governmental plans (including but not limited to 401(a) and 401(f)) and does not further the purposes behind the retirement systems.

History of Section. P.L. 1994, ch. 413, § 1.

NOTES TO DECISIONS

Due Process.

Where the class of persons who were “evicted” were individuals who were never public employees, at least in the capacity for which the state pensions were sought, and were permitted to enter the system at bargain-basement prices while retaining their pensions as union employees, the choice to evict them, returning their contributions with interest, was not so patently arbitrary, irrational, or unrelated to a legitimate legislative purpose as to constitute a violation of substantive due process. National Educ. Ass'n-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Employees' Retirement Sys., 172 F.3d 22, 1999 U.S. App. LEXIS 5220 (1st Cir.), cert. denied, 528 U.S. 929, 120 S. Ct. 326, 145 L. Ed. 2d 254, 1999 U.S. LEXIS 6602 (1999).

Intent.

The state’s quick reaction to an excess benefits problem, once it became aware of it, demonstrated an intention to maintain a qualified tax-exempt pension, as did the express ground for evicting union officials from the retirement system in the Eviction Act, which was based on the fact that the federal tax code denied qualified status to plans with non-employee members. Parella v. Retirement Bd. of the R.I. Employees' Retirement Sys., 173 F.3d 46, 1999 U.S. App. LEXIS 7488 (1st Cir. 1999).

Collateral References.

Construction and application of unmistakability doctrine. 16 A.L.R.7th Art. 1 (2016).

36-9.1-2. Status of non-employee and non-teacher members.

  1. Any individual who became a member of the retirement systems based solely on § 36-9-33 (repealed) or who purchased credit in the retirement systems based upon § 36-9-33 (repealed) shall no longer be entitled to membership and/or credit(s) and shall no longer receive any benefits of any type from the retirement systems which were based upon § 36-9-33 (repealed). By January 1, 1995, the retirement system shall return any contributions or purchases made pursuant to § 36-9-33 (repealed) by the individual and/or the individual’s employer with interest at the actuarially assumed rate earned by the retirement systems on its pension funds during the applicable time period since the contributions and/or purchase was made.
  2. The return of contributions or purchases shall be offset by any benefits already received by the individual from the retirement system.
  3. Nothing in this chapter shall be construed as prohibiting any individual from later becoming a member of the retirement systems or purchasing credits in accordance with applicable law.

History of Section. P.L. 1994, ch. 413, § 1.

NOTES TO DECISIONS

Constitutionality.

A claim that this Act impaired teacher union employees’ contractual rights in violation of the Contract Clause, U.S. Const. art. 1, § 10, survived a motion to dismiss since the employees, who had voluntarily contributed to the Retirement System for four years, had sufficiently alleged that the Act is not reasonable and necessary to serve a compelling state purpose. National Educ. Association-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Emples. Retirement Sys., 890 F. Supp. 1143, 1995 U.S. Dist. LEXIS 9592 (D.R.I. 1995).

A claim that this Act deprived teacher union employees of property without due process of law survived a motion to dismiss, since the employees, who had voluntarily contributed to the Retirement System for four years, had a property interest in their pension benefits and the Retirement Board did not articulate a legitimate purpose for the Act as a matter of law. National Educ. Association-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Emples. Retirement Sys., 890 F. Supp. 1143, 1995 U.S. Dist. LEXIS 9592 (D.R.I. 1995).

A claim that this Act constitutes a taking of teacher union employees’ private property without just compensation, in contravention of the Taking Clause of the Fifth Amendment, survived a motion to dismiss since the alleged value of the extinguished retirement benefits was greater than the amount of money that would be returned to the employees by this section. National Educ. Association-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Emples. Retirement Sys., 890 F. Supp. 1143, 1995 U.S. Dist. LEXIS 9592 (D.R.I. 1995).

Interest on Contributions.

The eviction act did not purport to reclaim any benefits actually paid by pension plan members, and provided for the return of any member contributions, with interest, to the extent that they exceeded already paid-out benefits. National Educ. Ass'n-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Employees' Retirement Sys., 172 F.3d 22, 1999 U.S. App. LEXIS 5220 (1st Cir.), cert. denied, 528 U.S. 929, 120 S. Ct. 326, 145 L. Ed. 2d 254, 1999 U.S. LEXIS 6602 (1999).

Chapter 10 Retirement System — Contributions and Benefits

36-10-1. Member contributions — Deduction from compensation.

  1. Prior to July 1, 2012, each member of the retirement system shall contribute an amount equal to eight and three-quarters percent (8.75%) of his or her compensation as his or her share of the cost of annuities, benefits, and allowances. Effective July 1, 2012, each member of the retirement system shall contribute an amount equal to three and three quarters percent (3.75%) of his or her compensation, except for correctional officers as defined in § 36-10-9.2 who shall contribute an amount equal to eight and three quarters percent (8.75%) of his or her compensation. Effective July 1, 2015, each member of the retirement system, except for correctional officers as defined in § 36-10-9.2 , with twenty (20) or more years of total service as of June 30, 2012 shall contribute an amount equal to eleven percent (11%) of compensation. The contributions shall be made in the form of deductions from compensation.
  2. The deductions provided for herein shall be made notwithstanding that the minimum compensation provided by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided for herein and receipt of his or her full compensation and payment of compensation, less the deductions, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the payment except as to the benefit provided under this chapter.

History of Section. P.L. 1936, ch. 2334, § 5; G.L. 1938, ch. 18, § 5; P.L. 1947, ch. 1971, § 3; impl. am. P.L. 1950, ch. 2614, § 1; G.L. 1956, § 36-10-1 ; P.L. 1960, ch. 20, § 1; P.L. 1964, ch. 240, § 1; P.L. 1965, ch. 231, § 1; P.L. 1968, ch. 152, § 1; P.L. 1970, ch. 112, art. 3, § 1; P.L. 1976, ch. 289, § 3; P.L. 1978, ch. 168, § 1; P.L. 1979, ch. 332, § 2; P.L. 1985, ch. 331, § 2; P.L. 1988, ch. 509, § 1; P.L. 1989, ch. 227, § 1; P.L. 1990, ch. 360, § 1; P.L. 1995, ch. 370, art. 15, § 2; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2015, ch. 141, art. 21, § 2.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

Cross References.

Application to teachers, §§ 16-16-23 , 16-17-1 .

Contributions by teachers, § 16-16-22 .

Definition, § 36-8-1 .

NOTES TO DECISIONS

Constitutionality.

Sections 36-8-1(2) , 36-10-1 , 36-10-2 , 36-10-7 , 36-10-9.1 , and 36-10-10.1 are not unconstitutional although these provisions allow state legislators to receive pension benefits beyond the daily stipend specified in art. VI, § 3 of the Rhode Island Constitution. Kass v. Retirement Bd. of Employees' Retirement Sys., 567 A.2d 358, 1989 R.I. LEXIS 169 (R.I. 1989).

In General.

When viewed collectively, the precise language of the Retirement System A is indefinite as to whether the statutes amount to a contract. National Educ. Association-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Emples. Retirement Sys., 890 F. Supp. 1143, 1995 U.S. Dist. LEXIS 9592 (D.R.I. 1995).

Collateral References.

Employer’s liability, under state law, for fraud or misrepresentation inducing employee to take early retirement. 14 A.L.R.5th 537.

36-10-1.1. Department payment of member contributions.

  1. Each department, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code, 26 U.S.C. § 414(h)(2), shall pick up and pay the contributions that would be payable by the employees as members under §§ 36-10-1 , 8-3-16 , 8-8-10.1 , 8-8.2-7 , 28-30-18.1 , and 42-28-22.1 . The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code; and shall not be included as gross income of the employee until such time as they are distributed. Employee contributions that are picked up pursuant to this section shall be treated and identified as member contributions for all purposes of the retirement system except as specifically provided to the contrary in this section.
  2. Member contributions picked up by a department shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from a member’s compensation equal to the amount of his or her contributions picked up by his or her departmental employer. This deduction, however, shall not reduce his or her compensation for purposes of computing benefits under the applicable retirement system. Picked up contributions shall be transmitted to the retirement system in accordance with the provisions of § 36-10-1 , on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.
  3. The state 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. 1983, ch. 137, § 1; P.L. 1989, ch. 494, § 12; P.L. 2019, ch. 205, § 6; P.L. 2019, ch. 271, § 6.

Compiler’s Notes.

P.L. 2019, ch. 205, § 6, and P.L. 2019, ch. 271, § 6 enacted identical amendments to this section.

Effective Dates.

P.L. 2019, ch. 205, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

P.L. 2019, ch. 271, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

36-10-2. State contributions.

  1. The State of Rhode Island shall make its contribution for the maintenance of the system, including the proper and timely payment of benefits in accordance with the provisions of this chapter and chapters 8, 16, 28, 31 and 42 of this title, by annually appropriating an amount equal to a percentage of the total compensation paid to the active membership. The percentage shall be computed by the actuary employed by the retirement system and shall be certified by the retirement board to the director of administration on or before the fifteenth day of October in each year. In arriving at the yearly employer contribution the actuary shall determine the value of:
    1. The contributions made by the members;
    2. Income on investments; and
    3. Other income of the system.
  2. The actuary shall thereupon compute the yearly employer contribution that will:
    1. Pay the actuarial estimate of the normal cost for the next succeeding fiscal year; and
    2. Amortize the unfunded liability of the system in accordance with § 36-10-2.1(b) .
  3. The State of Rhode Island shall remit to the general treasurer the employer’s share of the contribution for state employees, state police, and judges on a payroll frequency basis 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 for teachers in a manner pursuant to § 16-16-22 .
    1. In accordance with the intent of § 36-8-20 that the retirement system satisfy the requirements of § 401(a) of the Internal Revenue Code of 1986, the state shall pay to the retirement system:
      1. By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators pursuant to § 36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus accrued interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991, and ending June 30, 1995, but this amount shall be paid only if § 36-10-10.1 (e) becomes effective January 1, 1995; and
      2. By December 31, 1994, twenty million seven hundred eighty eight thousand eight hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this payment is completed (reduced by amortized amounts already repaid to the retirement system with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990 — June 30, 1991); and
      3. By June 30, 1995, the sum of the amounts paid by the retirement system for retiree health benefits described in § 36-12-4 for all fiscal years beginning July 1, 1989, and ending June 30, 1994, to the extent that the amounts were not paid from the restricted fund described in subsection (c).
    2. Any and all amounts paid to the retirement system under this subsection shall not increase the amount otherwise payable to the system by the state of Rhode Island under subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the amortization bases and other accounts of the retirement system as he or she deems appropriate to carry out the provisions and intent of this subsection.
  4. In addition to the contributions provided for in subsections (a) through (c) and in order to provide supplemental employer contributions to the retirement system, commencing in fiscal year 2006, and each year thereafter:
    1. Except for fiscal year 2009, fiscal year 2010, and fiscal year 2011, for each fiscal year in which the actuarially determined state contribution rate for state employees, including state contributions under chapter 10.3 of this title, is lower than that for the prior fiscal year, the governor shall include an appropriation to that system equivalent to twenty percent (20%) of the rate reduction for the state’s contribution rate for state employees to be applied to the actuarial accrued liability of the state employees’ retirement system for state employees for each fiscal year;
    2. Except for fiscal year 2009, fiscal year 2010, and fiscal year 2011, for each fiscal year in which the actuarially determined state contribution rate for teachers, including state contributions under chapter 10.3 of this title, is lower than that for the prior fiscal year, the governor shall include an appropriation to that system equivalent to twenty percent (20%) of the rate reduction for the state’s share of the contribution rate for teachers to be applied to the actuarial accrued liability of the state employees’ retirement system for teachers for each fiscal year;
    3. The amounts to be appropriated shall be included in the annual appropriation bill and shall be paid by the general treasurer into the retirement system.
    4. Assessments pursuant to § 42-149-3.1 shall be included in the annual appropriation bill and shall be paid by the general treasurer into the retirement system beginning FY2013.
  5. While the retirement system’s actuary shall not adjust the computation of the annual required contribution for the year in which supplemental contributions are received, the contributions once made may be treated as reducing the actuarial liability remaining for amortization in the next following actuarial valuation to be performed.

History of Section. P.L. 1936, ch. 2334, § 5; G.L. 1938, ch. 18, § 5; P.L. 1947, ch. 1971, § 3; P.L. 1951, ch. 2830, § 2; G.L. 1956, § 36-10-2 ; P.L. 1966, ch. 232, § 1; P.L. 1967, ch. 127, § 1; P.L. 1976, ch. 289, § 3; P.L. 1978, ch. 154, § 1; P.L. 1979, ch. 174, art. 6, § 1; P.L. 1980, ch. 175, § 2; P.L. 1981, ch. 191, § 1; P.L. 1982, ch. 201, § 1; P.L. 1989, ch. 126, art. 28, § 1; P.L. 1990, ch. 360, § 1; P.L. 1994, ch. 70, art. 16, § 2; P.L. 1994, ch. 87, § 4; P.L. 2001, ch. 77, art. 18, § 1; P.L. 2005, ch. 117, art. 7, § 2; P.L. 2008, ch. 9, art. 4, § 1; P.L. 2009, ch. 5, art. 10, § 2; P.L. 2009, ch. 68, art. 7, § 8; P.L. 2010, ch. 9, § 1; P.L. 2010, ch. 10, § 1; P.L. 2010, ch. 23, art. 16, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2019, ch. 205, § 6; P.L. 2019, ch. 271, § 6.

Compiler’s Notes.

P.L. 2008, ch. 9, art. 4, § 4 provides: “This article shall take effect upon passage [May 1, 2008]. Provided, however, that the terms of the collective bargaining agreements in place with the Rhode Island Airport Corporation in existence on the effective date of this act which provide a different or greater level of benefits than provided herein shall remain in full force and effect until their presently scheduled expiration dates. However, the establishment of the Rhode Island State Employees’ and Electing Teachers OPEB System Trust shall occur after July 1, 2008.”

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

P.L. 2019, ch. 205, § 6, and P.L. 2019, ch. 271, § 6 enacted identical amendments to this section.

Effective Dates.

P.L. 2019, ch. 205, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

P.L. 2019, ch. 271, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

NOTES TO DECISIONS

Constitutionality.

Sections 36-8-1(2) , 36-10-1 , 36-10-2 , 36-10-7 , 36-10-9.1 , and 36-10-10.1 are not unconstitutional although these provisions allow state legislators to receive pension benefits beyond the daily stipend specified in art. VI, § 3 of the Rhode Island Constitution. Kass v. Retirement Bd. of Employees' Retirement Sys., 567 A.2d 358, 1989 R.I. LEXIS 169 (R.I. 1989).

36-10-2.1. Actuarial cost method.

  1. To determine the employer contribution rate for the State of Rhode Island for fiscal year 2002 and for all fiscal years subsequent, the actuary shall compute the costs under chapter 10 of title 36 using the entry age normal cost method.
  2. The determination of the employer contribution rate for fiscal year 2013 shall include a reamortization of the current Unfunded Actuarial Accrued Liability (UAAL) over a closed twenty-five (25) year period. After an initial period of five (5) years, future actuarial gains and losses occurring within a plan year will be amortized over individual new twenty (20) year closed periods.
  3. The determination of the employer contribution rate commencing with fiscal year 2017 shall include a re-amortization of the current unfunded actuarial accrued liability (UAAL) attributable to the sixty percent (60%) of contribution responsibility not partitioned to the state in § 16-16-22 over a closed twenty-five (25) year period. This will be accomplished by dividing the UAAL as of June 30, 2014 into two (2) separate amortization periods. Future actuarial gains and losses occurring within a plan year will be amortized over individual new twenty (20) year closed periods and allocated in the forty percent (40%) state / sixty percent (60%) municipal proportion set forth in § 16-16-22 .

History of Section. P.L. 1982, ch. 201, § 2; P.L. 1989, ch. 126, art. 28, § 1; P.L. 2001, ch. 77, art. 18, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2015, ch. 141, art. 21, § 3.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

36-10-3. Credits to individuals in annuity savings account.

All contributions made by members and interest thereon to July 1, 1947, shall be credited to the individual members’ accounts in the annuity savings account. Effective July 1, 1947, the amount of accumulated contributions in the accounts of the members of the system which have been credited to the annuity savings fund shall be transferred to the annuity savings account and maintained in that account to the credit of the individual members. Effective July 1, 1965, the accumulated contributions of any inactive member who has been separated from service for five (5) years or more whose total service is less than ten (10) years shall be transferred from the annuity savings account to the contingent reserve for state employees or teacher members as the case may be. These funds will be held in escrow and should any member reenter service and again become a member, his or her previous contributions shall be revived and reinstated to his or her account for all purposes of this system. A member will still be eligible for a refund of these contributions upon application by him or her or his or her heirs at any time. Member contributions made pursuant to § 36-10-1.1 or 16-16-22.1 pursuant to a plan for the employer pick up of employee contributions shall be credited to a separate fund within an individual member’s account in the annuity savings account so that the amounts contributed prior to the effective date for the pick up of employee contributions may be distinguished from the amounts contributed on or after the date of which the governmental employer begins to pick up the employee contributions required by law.

History of Section. G.L. 1938, ch. 18, § 5; P.L. 1947, ch. 1971, § 3; P.L. 1949, ch. 2377, § 1; G.L. 1956, § 36-10-3 ; P.L. 1965, ch. 110, § 1; P.L. 1983, ch. 137, § 2.

36-10-4. Credits and charges to contingent reserve account.

The amounts credited by the system to the annuity reserve fund and pension accumulation fund prior to July 1, 1947, shall be transferred on that date to a contingent reserve account. All appropriations by the state and all other income of the system except member contributions shall be credited to the contingent reserve account. The annuity savings account of any member of the system who shall be granted an annuity, benefit, or retirement allowance under the provisions of this chapter shall be transferred to the contingent reserve account, and all payments on account of any annuity, benefit, or retirement allowance shall be charged thereto. Any excess remaining in the contingent reserve account at the end of any fiscal year after payments for the year shall have been charged to the account shall be considered as a contingent reserve to meet the future liabilities of the system.

History of Section. G.L. 1938, ch. 18, § 5; P.L. 1947, ch. 1971, § 3; G.L. 1956, § 36-10-4 .

36-10-5. Repealed.

History of Section. G.L. 1938, ch. 18, § 5; P.L. 1947, ch. 1971, § 3; P.L. 1949, ch. 2377, § 1; G.L. 1956, § 36-10-5 ; Repealed by P.L. 1980, ch. 170, § 2.

Compiler’s Notes.

Former § 36-10-5 concerned interest credits to annuity savings accounts.

36-10-6. Agreements for federal contributions.

The retirement board shall have the authority to enter into agreements with the federal government or appropriate agencies thereof respecting grants, contributions, or reimbursements to be made by the federal government as an equitable share in the cost of providing the annuities, benefits, and retirement allowances for those members of the system whose compensation is paid, in whole or in part, by the federal government or for whose compensation the state receives reimbursement, in whole or in part, from the federal government.

History of Section. G.L. 1938, ch. 18, § 5; P.L. 1947, ch. 1971, § 3; G.L. 1956, § 36-10-6 .

36-10-7. Guaranty by state — Annual appropriations.

The general assembly of the state of Rhode Island hereby declares that it is the intention of the state to make payment of the annuities, benefits, and retirement allowances provided for under the provisions of this chapter and to that end that it is the intention of the state to make the appropriations required by the state to meet its obligations to the extent provided in this chapter. The general assembly shall make annual appropriations which shall be sufficient to provide for the payment of the annuities, benefits, and retirement allowances required of the state under this chapter. The amounts to be appropriated shall be included in the annual appropriation bill and shall be paid by the general treasurer into the retirement system.

History of Section. P.L. 1936, ch. 2334, § 6; G.L. 1938, ch. 18, § 6; P.L. 1947, ch. 1971, § 4; G.L. 1956, § 36-10-7 .

Law Reviews.

William C. Burnham, Comment: Public Pension Reform and the Contract Clause: A Constitutional Protection for Rhode Island’s Sacrificial Economic Lamb, 20 Roger Williams U. L. Rev. 523 (2015).

NOTES TO DECISIONS

Constitutionality.

Sections 36-8-1(2) , 36-10-1 , 36-10-2 , 36-10-9.1 , 36-10-10.1 and this section are not unconstitutional although these provisions allow state legislators to receive pension benefits beyond the daily stipend specified in art. VI, § 3 of the Rhode Island Constitution. Kass v. Retirement Bd. of Employees' Retirement Sys., 567 A.2d 358, 1989 R.I. LEXIS 169 (R.I. 1989).

No Contractual Commitment.

The state general pension statute directed state officials to fund the pension plan, but fell short of clearly expressing a contractual commitment not to change benefit levels or other plan variables by legislation. National Educ. Ass'n-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Employees' Retirement Sys., 172 F.3d 22, 1999 U.S. App. LEXIS 5220 (1st Cir.), cert. denied, 528 U.S. 929, 120 S. Ct. 326, 145 L. Ed. 2d 254, 1999 U.S. LEXIS 6602 (1999).

Collateral References.

Construction and application of unmistakability doctrine. 16 A.L.R.7th Art. 1 (2016).

36-10-8. Refund of contributions — Repayment and restoration of credits.

A member who withdraws from service or ceases to be a member for any reason other than death or retirement shall be paid on demand a refund consisting of the accumulated contributions standing to his or her credit in his or her individual account, without interest. Any member receiving a refund shall thereby forfeit and relinquish all accrued rights as a member of the system together with credits for total service previously granted to the member; provided, however, that if any member who has received a refund shall subsequently reenter the service and again become a member of the system, he or she shall have the privilege of restoring all money previously received or disbursed to his or her credit as a refund of contributions, plus regular interest for the period from the date of refund to the date of the restoration. Upon the repayment of such refund including accrued interest as herein provided, the member shall again receive credit for the amount of total service which he or she had previously forfeited by the acceptance of the refund. The restoration of that credit shall be permitted only after the member shall have rendered at least one year of continuous service following his or her latest reentry into service for which he or she shall have made contributions to this system.

History of Section. P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, §§ 9, 10; P.L. 1947, ch. 1971, § 9; G.L. 1956, § 36-10-8 ; P.L. 1976, ch. 315, § 1; P.L. 1981, ch. 163, § 2; P.L. 1999, ch. 344, § 1; P.L. 1999, ch. 356, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

Applicability.

Section 2 of P.L. 1999, ch. 344 and Section 2 of P.L. 1999, ch. 356 both provide that the amendment to this section by those acts shall take effect on July 2, 1999, shall apply to any demand for refund of contributions and any demand for interest on previously refunded contributions made subsequent to February 2, 1999.

NOTES TO DECISIONS

Interest.

The state general pension plan provided that contributions were returned with interest even to a non-vested employee who left the state’s employment. National Educ. Ass'n-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Employees' Retirement Sys., 172 F.3d 22, 1999 U.S. App. LEXIS 5220 (1st Cir.), cert. denied, 528 U.S. 929, 120 S. Ct. 326, 145 L. Ed. 2d 254, 1999 U.S. LEXIS 6602 (1999).

Return of Contributions.

Retirement Board of the Employees’ Retirement System of the State of Rhode Island could not refuse a former employee’s demand under R.I. Gen. Laws § 36-10-8 for a return of his pension contributions under R.I. Gen. Laws § 36-10.1-4(c) since “for the payment of restitution” in § 36-10.1-4(c) modified both “judgments” and “orders” and an order of forfeiture entered in the employee’s federal bribery case was not an order of restitution since the federal court did not order the employee to restore the $ 46,000 that he and his co-defendants had accepted as bribe money to the individuals who had bribed the public officials, but ordered the employee to forfeit his ill-gotten gains to the federal government as part of his punishment. Zambarano v. Ret. Bd. of the Emples. Ret. Sys., 61 A.3d 432, 2013 R.I. LEXIS 34 (R.I. 2013).

36-10-9. Retirement on service allowance — In general.

Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:

      1. Any member may retire upon his or her written application to the retirement board as of the first day of the calendar month in which the application was filed; provided, the member was separated from service prior thereto; and further provided, however, that if separation from service occurs during the month in which application is filed, the effective date shall be the first day following that separation from service; and provided further that the member on his or her retirement date attained the age of sixty (60) and completed at least ten (10) years of contributory service on or before July 1, 2005, or who, regardless of age, has completed twenty-eight (28) years of total service and has completed at least ten (10) years of contributory service on or before July 1, 2005, and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
      2. For members who become eligible to retire on or after October 1, 2009, and prior to July 1, 2012, benefits are available to members who have attained the age of sixty-two (62) and completed at least ten (10) years of contributory service. For members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior to July 1, 2012, the minimum retirement age of sixty-two (62) will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:
        1. The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of sixty-two (62).
        2. The formula shall then take the member’s total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (1) as the denominator.
        3. The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from age sixty-two (62).
      1. Any member, who has not completed at least ten (10) years of contributory service on or before July 1, 2005, may retire upon his or her written application to the retirement board as of the first day of the calendar month in which the application was filed; provided, the member was separated from service prior thereto; and further provided, however, that if separation from service occurs during the month in which application is filed, the effective date shall be the first day following that separation from service; provided, the member or his or her retirement date had attained the age of fifty-nine (59) and had completed at least twenty-nine (29) years of total service or provided that the member on his or her retirement date had attained the age of sixty-five (65) and had completed at least ten (10) years of contributory service; or provided, that the member on his or her retirement date had attained the age of fifty-five (55) and had completed twenty (20) years of total service provided, that the retirement allowance, as determined according to the formula in § 36-10-10 is reduced actuarially for each month that the age of the member is less than sixty-five (65) years, and who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
      2. For members who become eligible to retire on or after October 1, 2009 and prior to July 1, 2012, benefits are available to members who have attained the age of sixty-two (62) and completed at least twenty-nine (29) years of total service or have attained the age of sixty-five (65) and completed at least ten (10) years of contributory service. For members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but become eligible to retire prior to July 1, 2012, who have a minimum retirement age of sixty-two (62), the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:
        1. The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of sixty-two (62).
        2. The formula shall then take the member’s total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (1) as the denominator.
        3. The fraction determined in (2) above shall then be multiplied by the age difference determined in (1) to apply a reduction in years from age sixty-two (62).
    1. Effective July 1, 2012, the following shall apply to all members not eligible to retire prior to July 1, 2012:
      1. A member with contributory service on or after July 1, 2012, shall be eligible to retire upon the completion of at least five (5) years of contributory service and attainment of the member’s Social Security retirement age.
      2. For members with five (5) or more years of contributory service as of June 30, 2012, with contributory service on and after July 1, 2012, who have a retirement age of Social Security Retirement Age, the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of June 30, 2012, but in no event shall a member’s retirement age under this subparagraph (ii) be prior to the attainment of age fifty-nine (59) or prior to the member’s retirement age determined under the laws in effect on June 30, 2012. The proportional formula shall work as follows:
        1. The formula shall determine the first age of retirement eligibility under the laws in effect on June 30, 2012, which shall then be subtracted from Social Security retirement age;
        2. The formula shall then take the member’s total service credit as of June 30, 2012, as the numerator and the projected service at retirement age in effect on June 30, 2012, as the denominator;
        3. The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from Social Security retirement age.
      3. Effective July 1, 2015, a member who has completed twenty (20) or more years of total service and who has attained an age within five (5) years of the eligible retirement age under subparagraphs (c)(i) or (c)(ii) above or subsection (d) below, may elect to retire provided that the retirement allowance shall be reduced actuarially for each month that the age of the member is less than the eligible retirement age under subparagraphs (c)(i) or (c)(ii) above or subsection (d) below in accordance with the following table:
      4. Notwithstanding any other provisions of section 36-10-9(c), a member who has completed ten (10) or more years of contributory service as of June 30, 2012, may elect to retire at his or her eligible retirement date as determined under paragraphs (1)(a) and (1)(b) above provided that a member making an election under this paragraph shall receive the member’s retirement benefit determined and calculated based on the member’s service and average compensation as of June 30, 2012. This provision shall be interpreted and administered in a manner to protect a member’s accrued benefit on June 30, 2012.
    2. Notwithstanding any other provisions of subsection (c) above, effective July 1, 2015, members in active service shall be eligible to retire upon the earlier of: (A) The attainment of at least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at least thirty-three (33) years of total service; or (B) The member’s retirement eligibility date under subsections (c)(i) or (c)(ii) above.
  1. Any faculty employee at a public institution of higher education under the jurisdiction of the council on postsecondary education shall not be involuntarily retired upon attaining the age of seventy (70) years.
    1. Except as specifically provided in § 36-10-9.1 , §§ 36-10-12 36-10-15 , and §§ 45-21-19 45-21-22 , (I) On or prior to June 30, 2012 no member shall be eligible for pension benefits under this chapter unless the member shall have been a contributing member of the employee’s retirement system for at least ten (10) years, or (II) For members in active contributory service on or after July 1, 2012, the member shall have been a contributing member of the retirement system for at least five (5) years.
    2. Provided, however, a person who has ten (10) years service credit on or before June 16, 1991, shall be vested.
    3. Furthermore, any past service credits purchased in accordance with § 36-9-38 shall be counted towards vesting.
    4. Any person who becomes a member of the employees’ retirement system pursuant to § 45-21-4 shall be considered a contributing member for the purpose of chapter 21 of title 45 and this chapter.
    5. Notwithstanding any other provision of law, no more than five (5) years of service credit may be purchased by a member of the system. The five (5) year limit shall not apply to any purchases made prior to January 1, 1995. A member who has purchased more than five (5) years of service credits before January 1, 1995, shall be permitted to apply those purchases towards the member’s service retirement. However, no further purchase will be permitted. Repayment in accordance with applicable law and regulation of any contribution previously withdrawn from the system shall not be deemed a purchase of service credit.
    6. Notwithstanding any other provision of law, effective July 1, 2012, except for purchases under §§ 16-16-7.1 , 36-5-3 , 36-9-31 , 36-10-10.4 , and 45-21-53 , (A) For service purchases for time periods prior to a member’s initial date of hire, the purchase must be made within three (3) years of the member’s initial date of hire, (B) For service purchases for time periods for official periods of leave as authorized by law, the purchase must be made within three (3) years of the time the official leave was concluded by the member. Notwithstanding the preceding sentence, service purchases from time periods prior to June 30, 2012, may be made on or prior to June 30, 2015.
  2. No member of the employees’ retirement system shall be permitted to purchase service credits for casual, seasonal, or temporary employment, or emergency appointment, for employment as a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate assistant of the college or university.
  3. Except as specifically provided in §§ 16-16-6.2 and 16-16-6.4 , a member shall not receive service credit in this retirement system for any year or portion of it, which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection shall not apply to any payments received pursuant to the federal Social Security Act or to payments from a military pension earned prior to participation in state or municipal employment, or to military service credits earned prior to participation in state or municipal employment.
  4. A member who seeks to purchase or receive service credit in this retirement system shall have the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension, retirement allowance, or any annual payment for life. The retirement board shall have the right to investigate as to whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitations the duty to furnish or have furnished to the retirement board any relevant information which is protected by any privacy act.
  5. A member who fails to cooperate with the retirement board shall not have the time of service counted toward total service credit until such time as the member cooperates with the retirement board and until such time as the retirement board determines the validity of the service credit.
  6. A member who knowingly makes a false statement to the retirement board regarding service time or credit shall not be entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.

Year Preceding Cumulative Annual Cumulative Monthly Retirement Reduction Reduction For Year 1 9% .75% For Year 2 8% .667% For Year 3 7% .583% For Year 4 7% .583% For Year 5 7% .583%

Click to view

History of Section. P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1942, ch. 1256, § 1; P.L. 1947, ch. 1971, § 7; P.L. 1951, ch. 2830, § 4; P.L. 1953, ch. 3201, § 2; G.L. 1956, § 36-10-9 ; P.L. 1960, ch. 20, § 2; P.L. 1962, ch. 143, § 2; P.L. 1966, ch. 286, § 1; P.L. 1969, ch. 101, § 1; P.L. 1970, ch. 112, art. 2, § 1; P.L. 1970, ch. 112, art. 4, § 1; P.L. 1971, ch. 56, § 1; 1971, ch. 239, § 1; P.L. 1972, ch. 48, § 1; P.L. 1972, ch. 93, § 1; P.L. 1972, ch. 103, § 1; P.L. 1972, ch. 175, § 1; P.L. 1973, ch. 42, § 1; 1973, ch. 145, § 1; P.L. 1974, ch. 260, § 1; P.L. 1974, ch. 291, § 1; P.L. 1977, ch. 188, § 1; P.L. 1978, ch. 399, § 1; P.L. 1979, ch. 328, § 1; P.L. 1982, ch. 292, § 1; P.L. 1983, ch. 45, § 1; P.L. 1983, ch. 211, §§ 1, 2; P.L. 1984, ch. 331, § 2; P.L. 1985, ch. 472, § 1; P.L. 1987, ch. 209, § 1; P.L. 1987, ch. 520, § 2; P.L. 1989, ch. 126, art. 55, § 2; P.L. 1991, ch. 111, § 1; P.L. 1992, ch. 306, art. 1, § 7; P.L. 1994, ch. 139, § 1; P.L. 2002, ch. 315, § 1; P.L. 2005, ch. 117, art. 7, § 2; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2015, ch. 141, art. 21, § 4.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 139 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

“Council on postsecondary education” has been substituted for “board of governors for higher education” in subsection (2) of this section pursuant to P.L. 2014, ch. 145, art. 20.

Law Reviews.

Andre S. Digou, A View of the Rhode Island Pension Landscape: The Potential Reform of Local Pension Plans Under the Preemption Doctrine, 19 Roger Williams U. L. Rev. 740 (2014).

William C. Burnham, Comment: Public Pension Reform and the Contract Clause: A Constitutional Protection for Rhode Island’s Sacrificial Economic Lamb, 20 Roger Williams U. L. Rev. 523 (2015).

NOTES TO DECISIONS

Division of Marital Property.

The family court cannot distribute a teacher/state pension to the nonemployee/nonmember spouse before the employee/member spouse separates from service; however, it can award to the nonparticipating spouse the value of the benefits in one of the several possible ways available to it generally for the distribution of marital assets. Furia v. Furia, 638 A.2d 548, 1994 R.I. LEXIS 80 (R.I. 1994).

Purchase of Credit.

The state is free to enact limitations on the type and amount of service for which members of the retirement system can purchase retirement credit, but federal law will preempt any state law that differentiates between those who receive a military pension and those who do not when offering former military personnel the opportunity to purchase retirement credit. Almeida v. Ret. Bd. of the R.I. Emples. Ret. Sys., 116 F. Supp. 2d 269, 2000 U.S. Dist. LEXIS 14741 (D.R.I. 2000).

Vesting as Contract.

Whether statutorily-defined vesting rises to the level of a contract is unclear, though it does suggest some right or interest. National Educ. Association-Rhode Island by Scigulinsky v. Retirement Bd. of the R.I. Emples. Retirement Sys., 890 F. Supp. 1143, 1995 U.S. Dist. LEXIS 9592 (D.R.I. 1995).

36-10-9.1. Retirement on service allowance — Legislators.

  1. Every person who shall have served as a member of the senate or of the house of representatives, or in combination of both the senate and the house of representatives, and/or other employment as defined in § 36-9-20 , and/or including up to four (4) years of military service as defined in § 36-9-31 , for a period in the aggregate of eight (8) years, and having attained the age of fifty-five (55) years shall be entitled to receive a retirement allowance, as in § 36-10-10.1 upon application therefor to the retirement board; provided, however, that any person who shall have served as a member of the senate or of the house of representatives, or in combination of both the senate and the house of representatives, and/or other employment as defined in § 36-9-20 , and/or including up to four (4) years of military service as defined in § 36-9-31 , for a period in the aggregate of twenty (20) years or more shall be entitled to receive a retirement allowance as in § 36-10-10.1 regardless of his or her age upon completion of the twenty (20) years; provided further, however, that if any person who shall have served as a member of the senate or the house of representatives, or in combination of both the senate or the house of representatives, and/or other employment as defined in § 36-9-20, for a period in the aggregate of eight (8) years dies leaving a surviving spouse or domestic partner, the benefit as provided by § 36-10-10.1 shall be payable to his or her spouse or domestic partner to be continued for his or her lifetime or remarriage or establishment of a domestic partnership.
  2. No legislator shall be eligible for benefits under this section unless the legislator shall have served a minimum of four (4) years as a member of the senate or the house of representatives or in combination of both the senate and the house of representatives.
  3. Except as hereinafter provided, any legislator, elected at the general election in 1988 or thereafter to serve as a member of the general assembly shall not be eligible for benefits under subsection (a) of this section unless the legislator shall have served a minimum of eight (8) years as a member of the senate or the house of representatives or in combination of both the senate and the house of representatives; provided however, that the provisions of this subsection shall not apply to any legislator who was elected to serve as a member of the general assembly prior to the general election of 1988.
  4. Service credits earned prior to January 5, 1993, by a person as a member of the senate or of the house of representatives or in combination of both the senate and the house of representatives may be utilized by that person for any retirement purpose permitted under current law.
  5. Service credits earned on or after January 5, 1993, by a person as a member of the senate or of the house of representatives or in combination of both the senate and the house of representatives may be utilized by that person only for the purposes of § 36-10-10.1 .

History of Section. P.L. 1983, ch. 211, §§ 1, 2; P.L. 1986, ch. 550, § 1; P.L. 1987, ch. 370, § 1; P.L. 1992, ch. 306, art. 1, § 7; P.L. 2007, ch. 510, § 11.

Repealed Sections.

Former § 36-10-9.1 (P.L. 1978, ch. 384, § 2), concerning post-retirement service as a legislator, was repealed and reenacted as § 36-10-9.4 by P.L. 1983, ch. 211, §§ 1 and 2.

NOTES TO DECISIONS

Constitutionality.

Sections 36-8-1(2) , 36-10-1 , 36-10-2 , 36-10-7 , 36-10-9.1 , and 36-10-10.1 are not unconstitutional although these provisions allow state legislators to receive pension benefits beyond the daily stipend specified in art. VI, § 3 of the Rhode Island Constitution. Kass v. Retirement Bd. of Employees' Retirement Sys., 567 A.2d 358, 1989 R.I. LEXIS 169 (R.I. 1989).

36-10-9.2. Retirement on service allowance — Correctional officers.

  1. This section shall apply to the retirement of members employed as assistant director (adult services), assistant deputy director, chief of inspection, and associate directors, correctional officer, chief of security, work rehabilitation program supervisor, supervisor of custodial records and reports, and classification counselor within the department of corrections.
    1. Any member who has attained the age of fifty (50) years may be retired subsequent to the proper execution and filing of a written application; provided, however, that the member shall have completed twenty (20) years of total service within the department of corrections and who retires before October 1, 2009, or is eligible to retire as of September 30, 2009.
    2. For members who become eligible to retire on or after October 1, 2009, benefits are available to members who have attained the age of fifty-five (55) and have completed at least twenty-five (25) years of total contributory service within the department of corrections. For members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of fifty-five (55) will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:
      1. The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of fifty-five (55).
      2. The formula shall then take the member’s total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (b)(2)(i) as the denominator.
      3. The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference determined in (b)(2)(i) to apply a reduction in years from age fifty-five (55).
  2. Any member with contributory service on or after July 1, 2012, who has completed at least five (5) years of contributory service but who has not completed twenty-five (25) years of contributory service, shall be eligible to retire upon the attainment of the member’s Social Security retirement age or, notwithstanding any other provisions, effective July 1, 2015, members in active service shall be eligible to retire upon the earlier of:
    1. The attainment of at least age sixty-five (65) and the completion of at least thirty (30) years of total service, or the attainment of at least age sixty-four (64) and the completion of at least thirty-one (31) years of total service, or the attainment of at least age sixty-three (63) and the completion of at least thirty-two (32) years of total service, or the attainment of at least age sixty-two (62) and the completion of at least thirty-three (33) years of total service; or
    2. The member’s retirement eligibility date under § 36-10-9(1)(c)(ii) .
  3. Any member who shall have rendered service both as a state employee under § 36-10-9 , and service under subsection (a) of this section, shall be eligible to elect to combine the member’s service under subsection (a) of this section and service under § 36-10-9 to determine the member’s retirement eligibility date under § 36-10-9. For any member making this election, the member will receive a single benefit equal to the accrued benefit computed under § 36-10-10 .2, plus the accrued benefit computed under § 36-10-10 .
  4. The provisions of subsection (d) shall also apply to members who have retired on a service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in writing to the retirement board and shall apply prospectively from the date the request is received by the retirement board.

History of Section. P.L. 1983, ch. 211, §§ 1, 2; P.L. 1984, ch. 13, § 2; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2019, ch. 171, § 2; P.L. 2019, ch. 233, § 2; P.L. 2020, ch. 79, art. 2, § 21.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

P.L. 2019, ch. 171, § 2, and P.L. 2019, ch. 233, § 2 enacted identical amendments to this section.

Repealed Sections.

Former § 36-10-9.2 (P.L. 1980, ch. 180, § 1; P.L. 1982, ch. 192, § 1), concerning minimum credits within total service, was repealed and reenacted as § 36-10-9.5 by P.L. 1982, ch. 211, §§ 1 and 2.

36-10-9.3. Retirement on service allowance — Registered nurses.

  1. This section shall apply to the retirement of members employed as registered nurses within the department of behavioral healthcare, developmental disabilities and hospitals.
  2. Any member who has attained the age of fifty (50) years may be retired subsequent to the proper execution and filing of written application; provided, however, that the member shall have completed twenty-five (25) years of total service within the department of behavioral healthcare, developmental disabilities and hospitals and who retires before October 1, 2009, or is eligible to retire as of September 30, 2009.
  3. For members who become eligible to retire on or after October 1, 2009, benefits are available to members who have attained the age of fifty-five (55) and have completed at least twenty-five (25) years of total service within the department of behavioral healthcare, developmental disabilities and hospitals. For members in service as of October 1, 2009, who were not eligible to retire as of September 30, 2009, but who are eligible to retire on or prior to June 30, 2012, the minimum retirement age of fifty-five (55), the retirement age will be adjusted downward in proportion to the amount of service the member has earned as of September 30, 2009. The proportional formula shall work as follows:
    1. The formula shall determine the first age of retirement eligibility under the laws in effect on September 30, 2009, which shall then be subtracted from the minimum retirement age of fifty-five (55).
    2. The formula shall then take the member’s total service credit as of September 30, 2009, as the numerator and the years of service credit determined under (1) as the denominator.
    3. The fraction determined in (2) shall then be multiplied by the age difference determined in (1) to apply a reduction in years from age fifty-five (55).

History of Section. P.L. 1983, ch. 211, § 2; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2011, ch. 363, § 30; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

36-10-9.4. Post-retirement service as legislator.

Any contrary provisions of the general laws notwithstanding, any retired state employee, teacher, or member of the state police who is a member of the retirement system and who is a member of the general assembly shall continue to be eligible for and receive his or her retirement allowance.

History of Section. P.L. 1978, ch. 384, § 2; P.L. 1983, ch. 211, § 2.

36-10-9.5. Repealed.

History of Section. P.L. 1980, ch. 180, § 1; P.L. 1982, ch. 192, § 1; P.L. 1983, ch. 211, § 2; Repealed by P.L. 1992, ch. 306, art. 1, § 6, effective January 1, 1993.

Compiler’s Notes.

Former § 36-10-9.5 concerned minimum credits with total service.

36-10-9.6. Aeronautics inspectors — Retirement.

  1. This section shall only apply to the retirement of members employed as aeronautics inspectors.
  2. In determining the creditable service of any aeronautics inspector employed by the state of Rhode Island for the purpose of retirement of a service retirement allowance, not including a deferred retirement allowance, there may be added to, and included in, total service as defined in this chapter, not more than four (4) years of applied work experience, the experience to be defined as a pilot or aeronautics inspector. The service shall not be counted as credible service unless the member shall pay into the retirement system the contribution equal to ten percent (10%) of the member’s first year earnings as an aeronautics inspector for the first year purchased, ten percent (10%) of the member’s second year earnings as an aeronautics inspector for the second year purchased, ten percent (10%) of the member’s third year earnings as an aeronautics inspector for the third year purchased, and ten percent (10%) of the member’s fourth year earnings as an aeronautics inspector for the fourth year purchased. Application to purchase credit and payment for each year of the year for which he or she claims credit shall be made on or before December 31, 1987. Thereafter, a member applying for credits shall pay full actuarial costs.

History of Section. P.L. 1987, ch. 353, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

36-10-9.7. Electronic funds transfer.

All members of the employees retirement system retiring under the provisions of titles 42, 8, 36 or 16 of the Rhode Island general laws on or after July 1, 1998, shall be required to participate in electronic funds transfer and to supply the employees retirement system with a bank routing number to effectuate a monthly transfer of benefits.

History of Section. P.L. 1998, ch. 81, § 1.

36-10-10. Amount of service retirement allowance.

    1. (i) For employees eligible to retire on or before September 30, 2009, upon retirement for service under § 36-10-9 , a member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A below for service prior to July 1, 2012:
    2. Upon retirement for service under § 36-10-9 , a member whose membership commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory service as of July 1, 2005, shall, receive a retirement allowance which shall be determined in accordance with Schedule B below for service prior to July 1, 2012:
    (ii) For employees eligible to retire on or after October 1, 2009, who were not eligible to retire on or before September 30, 2009, upon retirement from service under § 36-10-9, a member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A above for service on before September 30, 2009, and shall be determined in accordance with schedule B in subsection (a)(2) below for service on or after October 1, 2009, and prior to July 1, 2012.
  1. The retirement allowance of any member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall be in an amount equal to the percentage allowance specified in subsection (a)(1) of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed eighty percent (80%) of the compensation payable at completion of thirty-five (35) years of service; provided, however, for employees retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009 the calculation shall be based on the average highest five (5) consecutive years of compensation. Any member who has in excess of thirty-five (35) years on or before June 2, 1985, shall not be entitled to any refund, and any member with thirty-five (35) years or more on or after June 2, 1985, shall contribute from July 1, 1985, until his or her retirement.

    The retirement allowance of any member whose membership commenced after July 1, 2005, or who had not completed at least ten (10) years of contributory service as of July 1, 2005, shall, be in an amount equal to the percentage allowance specified in Schedule B of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed seventy-five percent (75%) of the compensation payable at the completion of thirty-eight (38) years of service; provided, however, for employees retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation.

  2. Any member with thirty-eight (38) years or more of service prior to December 31, 1985, shall not be required to make additional contributions. Contributions made between December 31, 1985, and July 1, 1987, by members with thirty-eight (38) or more years of service prior to December 31, 1985, shall be refunded by the retirement board to the persons, their heirs, administrators, or legal representatives.
  3. For service prior to July 1, 2012, the retirement allowance of a member shall be determined in accordance with subsections (a)(1) and (a)(2) above. For service on and after July 1, 2012, a member’s retirement allowance shall be equal to:
    1. For members with fewer than twenty (20) years of total service as of June 30, 2012, one percent (1%) of the member’s average compensation multiplied by the member’s years of total service on and after July 1 2012; and
    2. For members with twenty (20) or more years of total service as of June 30, 2012, a member’s retirement allowance shall be equal to one percent (1%) of the member’s average compensation multiplied by the member’s years of total service between July 1, 2012, and June 30, 2015, and two percent (2%) of the member’s average compensation multiplied by the member’s years of total service on and after July 1, 2015. For purposes of computing a member’s total service under the preceding sentence, service purchases shall be included in total service only with respect to those service purchases approved prior to June 30, 2012, and those applications for service purchases received by the retirement system on or before June 30, 2012.

      In no event shall a member’s retirement allowance exceed the maximum limitations set forth in paragraph (b) above.

Schedule A Years of Service Percentage Allowance 1st through 10th inclusive 1.7% 11th through 20th inclusive 1.9% 21st through 34th inclusive 3.0% 35th 2.0%

Click to view

Schedule B Years of Service Percentage Allowance 1st through 10th inclusive 1.60% 11th through 20th inclusive 1.80% 21st through 25th inclusive 2.0% 26th through 30th inclusive 2.25% 31st through 37th inclusive 2.50% 38th 2.25%

Click to view

History of Section. P.L. 1984, ch. 12, § 2; P.L. 1985, ch. 331, § 2; P.L. 1986, ch. 542, § 1; P.L. 1987, ch. 35, § 1; P.L. 1987, ch. 354, § 1; P.L. 1987, ch. 605, § 1; P.L. 2005, ch. 117, art. 7, § 2; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2015, ch. 141, art. 21, § 5.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

Repealed Sections.

The former section (P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 7; P.L. 1950, ch. 2607, § 1; P.L. 1950, ch. 2614, § 1; P.L. 1951, ch. 2830, § 4; G.L. 1956, § 36-10-10 ; P.L. 1960, ch. 20, § 3; P.L. 1964, ch. 240, § 2; P.L. 1967, ch. 100, § 1; P.L. 1968, ch. 90, § 1; P.L. 1968, ch. 152, § 2; P.L. 1969, ch. 101, § 1; ch. 239, § 1; P.L. 1972, ch. 151, § 1; P.L. 1973, ch. 42, § 1; P.L. 1973, ch. 210, § 1; P.L. 1974, ch. 260, § 1; P.L. 1974, ch. 265, § 1; P.L. 1978, ch. 399, § 1; P.L. 1983, ch. 320, § 1), concerning amount of service retirement allowance, was repealed by P.L. 1984, ch. 12, § 1, effective April 16, 1984. For present provisions of law similar to former § 36-10-10 , see §§ 36-10-10 — 36-10-10.2 .

NOTES TO DECISIONS

Purchase of Credit.

The state is free to enact limitations on the type and amount of service for which members of the retirement system can purchase retirement credit, but federal law will preempt any state law that differentiates between those who receive a military pension and those who do not when offering former military personnel the opportunity to purchase retirement credit. Almeida v. Ret. Bd. of the R.I. Emples. Ret. Sys., 116 F. Supp. 2d 269, 2000 U.S. Dist. LEXIS 14741 (D.R.I. 2000).

Collateral References.

What constitutes “salary,” “wages,” “pay,” or the like, within pension law basing benefits thereon. 91 A.L.R.5th 225.

36-10-10.1. Amount of service retirement allowance — Legislators.

  1. Every person who shall have served as a member of the senate or of the house of representatives as provided in § 36-10-9.1 shall be entitled to receive, upon retirement from service as a member of the general assembly and not otherwise regularly employed by the state of Rhode Island or any of its agencies, commissions, or bureaus an annual sum of six hundred dollars ($600) for each year of total service as determined in § 36-10-9.1 ; provided, however, that no person shall receive more than twelve thousand dollars ($12,000) annually, and provided further, however, that the retirement allowance shall be diminished by the amount of any other allowance or payment in the form of wages or salary to which the person shall be entitled from the state of Rhode Island or any of its agencies, commissions, or bureaus pursuant to any other general or special law of the state of Rhode Island, excepting amounts received under the old age and survivors disability insurance program. If any person shall reenter service of the state of Rhode Island or any of its agencies, commissions, or bureaus in any capacity other than as a member of the senate or of the house of representatives and shall render at least two (2) years of service, he or she shall have the option of electing the service retirement allowance provided in this subsection or the service retirement allowance under the other provisions of this chapter. No member of the general assembly, however, shall be permitted to receive the retirement allowance while serving in the general assembly.
  2. Any member of the general assembly who was duly elected at a special election shall be entitled to receive service credit for the full year during which he or she was duly elected and certified, and any legislator serving during the January 1983, session shall be given credit for a full year, provided the legislator pays to the retirement system a lump sum amount equal to the full actuarial value of the credit as certified by the retirement board.
  3. The provisions of this section shall apply regardless of the date of retirement; provided, however, that no senator or representative, except those in service on July 1, 1983, may purchase more than four (4) years of outside time from whatever source.
  4. Any legislator, elected at the general election in 1988, or thereafter, to serve as a member of the general assembly, shall not include other credits for the purposes of this section, except military service as provided in § 36-9-31 ; provided however, that the provisions of this subsection shall not apply to any legislator who was elected to serve as a member of the general assembly prior to the general election of 1988.
    1. If a person is entitled under subsection (a) of this section to an annual retirement allowance which is in excess of the amount permitted by § 415(b)(4) of the Internal Revenue Code, 26 U.S.C. § 415(b)(4), the amount in excess of ten thousand dollars ($10,000):
      1. Shall be paid until June 30, 1995, notwithstanding the limitation on benefits imposed by § 36-8-20(e) , relating to § 415 of the Internal Revenue Code of 1986; and
      2. Shall be paid from the retirement system after June 30, 1995, only to the extent permitted by the limitation on benefits imposed by § 36-8-20(e) .
    2. Any amount not permitted to be paid by the retirement system under subdivision (e)(1)(ii) of this section shall be paid out of general funds, but only to the extent that amounts have been appropriated for those payments.

History of Section. P.L. 1984, ch. 12, § 2; P.L. 1987, ch. 370, § 1; P.L. 1994, ch. 87, § 5.

Compiler’s Notes.

Section 6 of P.L. 1994, ch. 87 provides that if prior to January 1, 1995, the Congress of the United States amends section 415 of the Internal Revenue Code of 1986 to make subsection (b)(1) of that section, which limits the annual benefits to 100% of an employee’s average compensation for his high three years, inapplicable to the retirement system, this section shall not take effect.

NOTES TO DECISIONS

Constitutionality.

Sections 36-8-1(2) , 36-10-1 , 36-10-2 , 36-10-7 , 36-10-9.1 , and this section are not unconstitutional although these provisions allow state legislators to receive pension benefits beyond the daily stipend specified in art. VI, § 3 of the Rhode Island Constitution. Kass v. Retirement Bd. of Employees' Retirement Sys., 567 A.2d 358, 1989 R.I. LEXIS 169 (R.I. 1989).

Intent.

The state’s quick reaction to an excess benefits problem, once it became aware of it, demonstrated an intention to maintain a qualified tax-exempt pension, as did the express ground for evicting union officials from the retirement system in the Eviction Act, which was based on the fact that the federal tax code denied qualified status to plans with non-employee members. Parella v. Retirement Bd. of the R.I. Employees' Retirement Sys., 173 F.3d 46, 1999 U.S. App. LEXIS 7488 (1st Cir. 1999).

Not Contractual Obligations.

Nothing in this section rises to the level of an express contractual promise to provide benefits, or to provide benefits above $10,000. Parella v. Retirement Bd. of the R.I. Employees' Retirement Sys., 173 F.3d 46, 1999 U.S. App. LEXIS 7488 (1st Cir. 1999).

The excess pension benefits eliminated by this section were ordinary “gratuitous” government benefits, which the legislature was free to eliminate once it became clear that these benefits threatened the tax-exempt status of the state’s retirement system. Parella v. Retirement Bd. of the R.I. Employees' Retirement Sys., 173 F.3d 46, 1999 U.S. App. LEXIS 7488 (1st Cir. 1999).

Because plaintiff retirees failed to establish a contractual right to withheld benefits, they could not show that the state took their “property” when it withheld those benefits pursuant to this section. Parella v. Retirement Bd. of the R.I. Employees' Retirement Sys., 173 F.3d 46, 1999 U.S. App. LEXIS 7488 (1st Cir. 1999).

Collateral References.

Construction and application of unmistakability doctrine. 16 A.L.R.7th Art. 1 (2016).

36-10-10.2. Amount of service retirement allowance — Correctional officers.

  1. Upon retirement for service under § 36-10-9.2 , a member with twenty-five (25) or more years of service as of June 30, 2012, shall receive a retirement allowance of an amount determined under (1) below. All other members shall receive a retirement allowance of an amount equal to the sum of (1) below for service prior to July 1, 2012, plus (2) below for service on and after July 1, 2012.
    1. Two percent (2%) of his or her average compensation multiplied by his or her first thirty (30) years of total service within the department of corrections; any and all years of remaining service shall be issued to the member at a retirement allowance of an amount equal to his or her average compensation multiplied by the percentage allowance determined in accordance with Schedule A below:
    2. On and after July 1, 2012, two percent (2%) of his or her average compensation multiplied by his or her first thirty (30) years of total service within the department of corrections, and three percent (3%) of his or her average compensation multiplied by the member’s thirty-first (31st) through thirty-fifth (35th) years of service.
  2. A member who has rendered service as a state employee under § 36-10-9 shall be eligible to combine the accrued benefit under § 36-10-10 as a state employee with the accrued benefit under this section, provided the member has first obtained eligibility under § 36-10-9 .2(a), (b)(1), or (b)(2). The accrual under § 36-10-10 will be added in the year in which service was rendered consistent with the schedules provided under § 36-10-10.
  3. The provisions of subsection (b) shall also apply to members who have retired on a service retirement allowance on or after July 1, 2012. Any such request for adjustment shall be in writing to the retirement board and will only apply prospectively from the date the request is received by the retirement board.
  4. In no case shall a retirement percentage allowance exceed the greater of the member’s retirement percentage allowance on June 30, 2012, or seventy-five percent (75%). Any member who has in excess of thirty-five (35) years on or before July 1, 1987, shall not be entitled to any refund. Any member with thirty-five (35) years or more on or after July 1, 1987, shall contribute from July 1, 1987, until his or her retirement, provided, however, that any member with thirty-eight (38) years of service prior to July 1, 1987, shall not be required to contribute.

Schedule A Years of Service Percentage Allowance 1 through 30 inclusive 2% 31st 6% 32nd 5% 33rd 4% 34th 3% 35th 2%

Click to view

History of Section. P.L. 1984, ch. 12, § 2; P.L. 1987, ch. 587, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2015, ch. 141, art. 21, § 6; P.L. 2019, ch. 171, § 2; P.L. 2019, ch. 233, § 2.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

P.L. 2019, ch. 171, § 2, and P.L. 2019, ch. 233, § 2 enacted identical amendments to this section.

36-10-10.3. Social security supplemental option.

  1. In lieu of the lifetime service retirement allowance, a vested member who has completed at least ten (10) years of contributory service on or before July 1, 2005 who retires in accordance with §§ 16-16-12 , 36-10-9 and 36-10-9.2 may choose an optional form of retirement benefit known as the social security supplemental option.
  2. This option provides for the 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). Under this option 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 § 36-10-10 .
  3. Election of this supplemental option shall be applicable only to those who elect the service retirement allowance determined in accordance with Schedule A as provided by § 36-10-10 .

History of Section. P.L. 1986, ch. 542, § 2; P.L. 1988, ch. 535, § 1; P.L. 2005, ch. 117, art. 7, § 2.

36-10-10.4. Effect of deferral and/or reduction of salary.

  1. If subsequent to January 1, 1991, a member sustains a loss of salary due to a deferral of salary or a reduction in salary in order to avoid shutdowns, layoffs, or because of a retrenchment of state or local finances, then in calculating the service retirement allowance of the member, the amount of salary deferred and/or the amount of the reduction of salary shall not reduce the amount of annual compensation of the member for the purpose of establishing his or her highest three (3) consecutive years of compensation for members eligible to retire on or before September 30, 2009, or his or her highest five (5) consecutive years of compensation for members who are not eligible to retire on or before September 30, 2009. This provision is subject to subsection (c) of this section.
    1. For purposes of subsection (a), reduction of salary shall mean:
      1. The actual dollar amount which represents the difference between the employee’s salary prior to the voluntary reduction of salary and the employee’s salary after the voluntary reduction of salary; or
      2. The actual dollar amount which represents the difference between the employee’s salary prior to the renegotiation and/or alteration of an existing collective bargaining agreement and the employee’s salary after the renegotiation and/or alteration of an existing collective bargaining agreement.
    2. Reduction of salary also means the voluntary or negotiated reduction in the number of hours that an employee works in a pay period and for which he or she is paid.
  2. An employee who has sustained a reduction in salary in accordance with subsection (a) shall pay, prior to retirement, to the retirement board an amount equal to the difference between the amount of contribution the employee would have paid on his or her salary prior to the reduction in salary and the amount that the employee actually contributed plus interest.

History of Section. P.L. 1991, ch. 129, § 1; P.L. 1991, ch. 174, § 1; P.L. 1994, ch. 139, § 11; P.L. 2008, ch. 9, art. 8, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

Applicability.

Section 7 of P.L. 1991, ch. 129 and section 7 of P.L. 1991, ch. 174 both provide that the provisions of §§ 45-13-7 through 45-13-10 , inclusive, regarding state mandated costs shall not apply to the enactment of this section by each Act, and that this section shall not be deemed to be state mandated cost.

Severability.

Section 10 of P.L. 1994, ch. 139 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

36-10-11. Service allowance to member withdrawing from service before retirement age.

The right of a service retirement allowance under the provisions of this chapter shall vest in a member who shall withdraw from service prior to his or her attainment of the minimum age of retirement specified in §§ 36-10-9 36-10-9.3 who shall not have received a refund, provided the member shall have completed at least ten (10) years of contributory service on or before June 30, 2012, for members terminating service or retiring on or before June 30, 2012, or at least five (5) years of contributory service for members terminating service or retiring on or after July 1, 2012. The member shall become entitled to a service retirement allowance upon his or her attainment of the age established in § 36-10-9 or at his or her option at any date subsequent thereto. The rate of service retirement allowance payable in the case of any member shall be that provided in § 36-10-10 , for the period of total service earned and accrued at the date of withdrawal from service of the member.

History of Section. G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 8; G.L. 1956, § 36-10-11 ; P.L. 2005, ch. 117, art. 7, § 2; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

36-10-12. Retirement for ordinary disability.

  1. Application for ordinary disability may be made by a member, his or her department head, or a person acting in the member’s behalf, while in active service or on leave of absence for illness, provided that the member has had five (5) or more years of total service of which at least three (3) consecutive years shall have been as an employee of the state or as a teacher as defined in chapter 16 of title 16 and the member is not entitled to a regular service retirement allowance. A statement from a physician shall accompany the application stating that the member is physically or mentally incapacitated for the performance of duty and that he or she should be retired.
  2. A medical examination of the member shall be made by three (3) physicians engaged by the retirement board for this purpose, and should the medical examination show that the member is physically or mentally incapacitated for the performance of duty and ought to be retired, the physicians shall so report and certify to the retirement board, and the retirement board may retire the member for ordinary disability.
  3. The retirement board shall establish uniform eligibility requirement standards and criteria for ordinary disability which shall apply to all members who make application for retirement for ordinary disability.

History of Section. P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; G.L. 1956, § 36-10-12 ; P.L. 1966, ch. 58, § 1; P.L. 1980, ch. 27, § 1; P.L. 1981, ch. 28, § 1; P.L. 1982, ch. 192, § 1; P.L. 1992, ch. 306, art. 1, § 7.

36-10-13. Amount of ordinary disability benefit.

Upon retirement for ordinary disability under § 36-10-12 , a member shall receive a benefit equal to the rate prescribed for service retirement under § 36-10-10 , subject to the provisions of § 36-10-31 ; provided, however, that no member retiring with less than ten (10) years of total service shall receive a benefit less than he or she would have received if he or she had ten (10) years of total service.

History of Section. P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 7; G.L. 1956, § 36-10-13 ; P.L. 1962, ch. 142, § 1; P.L. 1970, ch. 207, § 1; P.L. 1980, ch. 27, § 1; P.L. 1993, ch. 360, § 1.

36-10-14. Retirement for accidental disability.

  1. Medical examination of an active member for accidental disability and investigation of all statements and certificates by him or her or in his or her behalf in connection therewith shall be made upon the application of the head of the department in which the member is employed or upon application of the member, or of a person acting in his or her behalf, stating that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident while in the performance of duty, and certify the definite time, place, and conditions of the duty performed by the member resulting in the alleged disability, and that the alleged disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member should, therefore, be retired.
  2. The application shall be made within five (5) years of the alleged accident from which the injury has resulted in the members present disability and shall be accompanied by an accident report and a physicians report certifying to the disability; provided that if the member was able to return to his or her employment and subsequently reinjures or aggravates the same injury, the application shall be made within the later of five (5) years of the alleged accident or three (3) years of the reinjury or aggravation. The application may also state the member is permanently and totally disabled from any employment.
  3. If a medical examination conducted by three (3) physicians engaged by the retirement board and such investigation as the retirement board may desire to make shall show that the member is physically or mentally incapacitated for the performance of service as a natural and proximate result of an accident, while in the performance of duty, and that the disability is not the result of willful negligence or misconduct on the part of the member, and is not the result of age or length of service, and that the member has not attained the age of sixty-five (65), and that the member should be retired, the physicians who conducted the examination shall so certify to the retirement board stating the time, place, and conditions of service performed by the member resulting in the disability and the retirement board may grant the member an accidental disability benefit.
  4. The retirement board shall establish uniform eligibility requirements, standards, and criteria for accidental disability which shall apply to all members who make application for accidental disability benefits.

History of Section. P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; G.L. 1956, § 36-10-14 ; P.L. 1966, ch. 110, § 1; P.L. 1980, ch. 56, § 1; P.L. 1986, ch. 499, § 1; P.L. 1987, ch. 521, § 1; P.L. 1992, ch. 306, art. 1, § 7; P.L. 2009, ch. 68, art. 7, § 3.

NOTES TO DECISIONS

Same Injury.

R.I. Gen. Laws § 36-10-14(b) period for filing a claim for an accidental disability pension was extended three years in the case of reinjury or aggravation of the “same injury,” and a worker did not need to identify a specific, later accident causing aggravation of the “same injury;” a retirement board’s denial of a worker’s application for an accidental disability pension based on a lack of a specific incident aggravating her initial injury was error. Rossi v. Employees' Ret. Sys., 895 A.2d 106, 2006 R.I. LEXIS 46 (R.I. 2006).

—Tolling.
Tolling.

Complaint for declaratory relief from the denial of a claimant’s request for accidental disability benefits by the Retirement Board of the Employees’ Retirement System of Rhode Island was properly dismissed because the claimant’s application for accidental disability benefits was not timely filed under R.I. Gen. Laws § 36-10-14(b) . The statute was unambiguous, and the court had no authority to expand it so that it could be tolled to save untimely claims. Iselin v. Ret. Bd. of the Emples. Ret. Sys., 943 A.2d 1045, 2008 R.I. LEXIS 30 (R.I. 2008).

36-10-15. Amount of accidental disability benefit.

  1. For disability applications submitted on or before September 30, 2009, upon retirement for accidental disability under § 36-10-14 , a member shall receive a benefit which shall be equal to sixty-six and two-thirds percent (662/3%) of his or her annual compensation at the time of his or her retirement, subject to the provisions of § 36-10-31 .
  2. Upon any application for accidental disability submitted on or after October 1, 2009, if the member has been found to be permanently and totally disabled from service but has not been found by the board to be permanently and totally disabled from any employment as a result of his/her accidental disability, a member shall receive a retirement allowance equal to fifty percent (50%) of the rate of the member’s compensation at the date of the member’s retirement, subject to the provisions of § 36-10-31 . The retiree shall, as a condition of continued receipt of a disability retirement allowance, on or before a date fixed by the retirement board, annually under penalties of perjury provide the board with such affidavits and accurate evidence of earnings, employment and gainful activity as the board may require, including, but not limited, joint and/or individual tax returns. Payment of the disability retirement allowance shall continue as long as the individual remains disabled, and regardless of service or age.
  3. Upon retirement for accidental disability that has been found by the board to be permanently and totally disabling from any employment, a member shall receive a retirement allowance equal to sixty-six and two-thirds percent (662/3%) of the rate of the member’s compensation at the date of the member’s retirement subject to the provisions of § 36-10-31 . The retirement board shall apply the terms of subsection 28-33-17(b) in determining total disability.

History of Section. P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 7; G.L. 1956, § 36-10-15 ; P.L. 1980, ch. 56, § 1; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2011, ch. 363, § 30.

36-10-16. Disability benefits pending final decision on application.

Notwithstanding any of the provisions of chapters 3 and 4 of this title, and/or any existing regulations of the director of administration or the state retirement board, the state retirement board shall accord to a civil service employee, so entitled under present existing regulations, the minimum retirement benefits pending a decision upon any disability retirement of the civil service employee; provided, however, that the granting of the minimum retirement shall not estop the employee claiming disability from any disability retirement consideration by the board.

History of Section. P.L. 1950, ch. 2613, § 1; impl. am. P.L. 1951, ch. 2727, art. 2, § 4; G.L. 1956, § 36-10-16 .

36-10-17. Reexamination of disability beneficiaries — Reduction of benefit — Reinstatement to active service.

Once each year the retirement board may, and upon his or her application shall, require any disability beneficiary under the minimum age of service retirement to undergo a medical examination. The examination to be made at the place of residence of the beneficiary or other place mutually agreed upon by a physician or physicians engaged by the retirement board. If the examination indicates that the beneficiary is able to engage in a gainful occupation, his or her name shall be placed on such appropriate lists of candidates as are prepared for appointment to positions in his or her department or agency for which he or she is stated to be qualified and for a salary grade not exceeding that from which he or she was last retired. Should the beneficiary be engaged in a gainful occupation or should he or she be offered service as a result of the placing of his or her name on a list of candidates, the retirement board shall adjust and from time to time readjust, the amount of his or her disability benefit to an amount which shall not exceed the rate of benefit upon which he or she was originally retired, and which, when added to the amount then earnable by him or her, shall not exceed his or her rate of annual compensation currently for the classification that the disability annuitant held prior to retirement. Should any disability beneficiary under the minimum age of service retirement refuse to submit to one medical examination in any year by a physician or physicians designated by the retirement board, his or her benefit shall be discontinued until his or her withdrawal of the refusal and should his or her refusal continue for one year, all his or her rights in and to disability benefit shall be revoked by the retirement board. A disability beneficiary, reinstated to active service, shall be reinstated as a member and participate in the rights of the retirement system to the same extent as any other member.

History of Section. P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 7; G.L. 1956, § 36-10-17 ; P.L. 1989, ch. 403, § 2.

36-10-18. Optional benefits.

  1. A beneficiary, or, if the beneficiary be an incompetent, then the beneficiary’s spouse or domestic partner or if there is no spouse or domestic partner, a guardian of the beneficiary’s estate, may elect to receive the benefit in a retirement allowance, payable throughout life, or the beneficiary may then elect to receive the actuarial equivalent, at that time, of the beneficiary’s retirement allowance in a lesser retirement allowance as determined by actuarial calculation, which shall be payable throughout life with the provision that:
    1. Option 1.  Upon the beneficiary’s death, the beneficiary’s lesser retirement allowance shall be continued throughout the life of and paid to such person having an insurable interest in the beneficiary’s life, as the beneficiary, the beneficiary’s spouse or domestic partner, or the beneficiary’s guardian so electing, shall nominate by written designation duly acknowledged and filed with the retirement board at the time of his or her retirement.
    2. Option 2.  Upon the beneficiary’s death, one-half (1/2) of the beneficiary’s lesser retirement allowance shall be continued throughout the life of and paid to such person, having an insurable interest in the beneficiary’s life, as the beneficiary, the beneficiary’s spouse or domestic partner, or the beneficiary’s guardian so electing, shall nominate by written designation duly acknowledged and filed with the retirement board at the time of the beneficiary’s retirement.
    1. For purposes of any election under this section or § 36-10-19.1 , the member, member’s spouse or domestic partner, or guardian, as the case may be, may designate more than one person to receive benefits after the member’s death, provided that the designation shall specify the portion of the actuarial equivalent of the member’s retirement allowance to be paid to each person, and provided further that the aggregate actuarial value of the portions shall not exceed the actuarial equivalent of the member’s retirement benefit determined:
      1. In the case of an election under this section) as of the date of the member’s retirement; or
      2. In the case of an election under § 36-10-19.1 as of the member’s date of death.
    2. A member selecting more than one person to receive benefits under this section or § 36-10-19.1 may only select beneficiaries from among his or her children, adopted children, step-children, and/or spouse or domestic partner.
  2. If prior to July 1, 2012, a member elected an optional form of benefit other than a life annuity in accordance with paragraph (a)(1) or (2) above, the member may elect to change his or her form of benefit to a life annuity by filing an election with the retirement board on or before June 30, 2013, provided that the member’s beneficiary is still alive at the time the election is filed.

History of Section. P.L. 1936, ch. 2334, § 10; G.L. 1938, ch. 18, §§ 9, 10; P.L. 1947, ch. 1971, § 8; G.L. 1956, § 36-10-18 ; P.L. 1973, ch. 259, § 1; P.L. 1980, ch. 58, § 1; P.L. 1984, ch. 43, § 1; P.L. 1994, ch. 424, § 1; P.L. 1996, ch. 297, § 1; P.L. 2007, ch. 510, § 11; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7.

Compiler’s Notes.

Section 2 of P.L. 1996, ch. 297, provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provisions or application, and to this end the provisions are declared to be severable.”

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

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.

Compiler’s Notes.

Section 4 of P.L. 1996, ch. 233, provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.”

36-10-19.1. Optional annuity protection — In service.

  1. 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.
  2. 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.
  3. 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.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

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 (1/2) 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 (1/2) 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.

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.

Cross References.

Continuation of death benefit provisions after retirement, § 36-10-34 .

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 .

36-10-23. Benefit payable on death after retirement.

  1. 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.
  2. 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.

Repealed Sections.

Former § 36-10-23 (G.L. 1938, ch. 18, § 9; P.L. 1951, ch. 2830, § 4; P.L. 1953, ch. 3200, § 1; P.L. 1954, ch. 3370, § 1; G.L. 1956, § 36-10-23 ), concerning benefit payable on death after retirement, was repealed by P.L. 1972, ch. 109, § 1.

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.

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 .

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.

Compiler’s Notes.

Former §§ 36-10-25 — 36-10-30) concerned continuity of employment before 1946, interruption in service between 1933 and 1940, extension of benefits to persons retiring before establishment of retirement system, application by employee retiring before retirement system, death of employee who retired prior to retirement system, and an increase in benefits to employees retiring prior to 1947.

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.

Compiler’s Notes.

P.L. 2014, ch. 231, § 5, and P.L. 2014, ch. 289, § 5 enacted identical amendments to this section.

NOTES TO DECISIONS

Attorney’s Fees.

Since the claimant received a lump-sum benefit from the workers’ compensation court, the full amount must be subtracted from the accidental disability pension; however, this section requires the board to subtract the attorney fees incurred from the amount it sets off against the accidental disability pension. Sampson v. Employees' Retirement Bd., 651 A.2d 1238, 1994 R.I. LEXIS 306 (R.I. 1994).

Settlement Payments.

Because settlement payments made pursuant to R.I. Gen. Laws § 28-33-25.1 were payable under the workers’ compensation scheme, and because statements by a governmental employee that contradicted state law were not made with the purpose of inducing a retired employee to act in reliance on the representation, the offset provisions in R.I. Gen. Laws § 36-10-31 applied. Waterman v. Caprio, 983 A.2d 841, 2009 R.I. LEXIS 133 (R.I. 2009).

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.

Legislative Intent.

Sections 2 and 3 of P.L. 1985, ch. 496, art. III contain legislative findings and intent regarding the purpose and severability of the 1985 amendment to this section by that Act.

NOTES TO DECISIONS

Effect of State Income Tax.

Section 44-30-12 specifically repeals the inconsistent portions of all preceding statutory enactments, including §§ 36-10-32 and 45-21-45 , insofar as such statutes would otherwise purport to exempt retirement benefits from the state income tax. Linnane v. Clark, 557 A.2d 477, 1989 R.I. LEXIS 65 (R.I. 1989).

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.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

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.

Repealed Sections.

Former § 36-10-34 (G.L. 1956, § 36-10-34 ; P.L. 1962, ch. 137, § 1; P.L. 1964, ch. 207, § 1; P.L. 1966, ch. 264, § 1; P.L. 1970, ch. 112, art. 6, § 1), concerning the continuance of insurance upon retirement, was repealed by P.L. 1972, ch. 109, § 1.

NOTES TO DECISIONS

Disability Pension.

The trial master erred by considering a spouse’s disability pension from a city a marital asset and therefore erred by awarding the wife 65% of the monthly benefits, as the spouse’s fireman’s disability pension was statutorily exempt from attachment under § 9-26-5 . Thompson v. Thompson, 642 A.2d 1160, 1994 R.I. LEXIS 192 (R.I. 1994).

Equitable Distribution.

Pensions in general are subject to equitable distribution, and thus the husband’s municipal pension is not exempt from equitable distribution upon dissolution of the marriage by virtue of this section. Moran v. Moran, 612 A.2d 26, 1992 R.I. LEXIS 166 (R.I. 1992).

36-10-35. Additional benefits payable to retired employees.

  1. All state employees and all beneficiaries of state employees receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this title on or before December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for each calendar year the retirement allowance has been in effect. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. This cost of living adjustment shall be added to the amount of the retirement allowance as of January 1, 1968, and an additional one and one-half percent (1.5%) shall be added to the original retirement allowance in each succeeding year during the month of January, and provided further, that this additional cost of living increase shall be three percent (3%) for the year beginning January 1, 1971, and each year thereafter, through December 31, 1980. Notwithstanding any of the above provisions, no employee receiving any service retirement allowance pursuant to the provisions of this title on or before December 31, 1967, or the employee’s beneficiary, shall receive any additional benefit hereunder in an amount less than two hundred dollars ($200) per year over the service retirement allowance where the employee retired prior to January 1, 1958.
  2. All state employees and all beneficiaries of state employees retired on or after January 1, 1968, who are receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this title shall, on the first day of January next following the third anniversary date of the retirement, receive a cost of living retirement adjustment, in addition to his or her retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter through December 31, 1980, during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, not compounded, to be continued during the lifetime of the employee or beneficiary. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the service retirement allowance.
    1. Beginning on January 1, 1981, for all state employees and beneficiaries of the state employees receiving any service retirement and all state employees, and all beneficiaries of state employees, who have completed at least ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of this chapter, and for all state employees, and all beneficiaries of state employees who receive a disability retirement allowance pursuant to §§ 36-10-12 36-10-15 , the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement allowance or the retirement allowance as computed in accordance with § 36-10-35.1 , compounded annually from the year for which the cost of living adjustment was determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section. Such cost of living adjustments are available to members who retire before October 1, 2009, or are eligible to retire as of September 30, 2009.
    2. The provisions of this subsection shall be deemed to apply prospectively only and no retroactive payment shall be made.
    3. The retirement allowance of all state employees and all beneficiaries of state employees who have not completed at least ten (10) years of contributory service on or before July 1, 2005, or were not eligible to retire as of September 30, 2009, shall, on the month following the third anniversary date of retirement, and on the month following the anniversary date of each succeeding year be adjusted and computed by multiplying the retirement allowance by three percent (3%) or the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year, whichever is less; the cost of living adjustment shall be compounded annually from the year for which the cost of living adjustment was determined payable by the retirement board; provided, that no adjustment shall cause any retirement allowance to be decreased from the retirement allowance provided immediately before such adjustment.
  3. For state employees not eligible to retire in accordance with this chapter as of September 30, 2009, and not eligible upon passage of this article, and for their beneficiaries, the cost of living adjustment described in subsection (c)(3) of this section shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000) of retirement allowance, as indexed, shall be multiplied by the percentage of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor Statistics determined as of September 30 of the prior calendar year or three percent (3%), whichever is less, on the month following the anniversary date of each succeeding year. For state employees eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the provisions of this subsection (d) shall not apply.
  4. All legislators and all beneficiaries of legislators who are receiving a retirement allowance pursuant to the provisions of § 36-10-9.1 for a period of three (3) or more years, shall, commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to a retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, compounded annually, to be continued during the lifetime of the legislator or beneficiary. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the service retirement allowance.
  5. The provisions of §§ 45-13-7 45-13-10 shall not apply to this section.
  6. This subsection (g) shall be effective for the period July 1, 2012, through June 30, 2015.
    1. Notwithstanding the prior paragraphs of this section, and subject to paragraph (g)(2) below, for all present and former employees, active and retired members, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the Five-Year Average Investment Return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser of the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually in the same percentage as determined under (g)(1)(A) above. The “Five-Year Average Investment Return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. Subject to paragraph (g)(2) below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd) anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
    2. Except as provided in paragraph (g)(3), the benefit adjustments under this section for any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial Retirement Benefits Trust and the State Police Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all members for such plan year.

      In determining whether a funding level under this paragraph (g)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.

    3. Notwithstanding paragraph (g)(2), in each fifth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five plan years, a benefit adjustment shall be calculated and made in accordance with paragraph (g)(1) above until the Funded Ratio of the Employees’ Retirement System of Rhode Island, the Judicial Retirement Benefits Trust and the State Police Retirement Benefits Trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%).
    4. Notwithstanding any other provision of this chapter, the provisions of this paragraph (g) shall become effective July 1, 2012, and shall apply to any benefit adjustment not granted on or prior to June 30, 2012.
  7. This subsection (h) shall become effective July 1, 2015.
      1. As soon as administratively reasonable following the enactment into law of this subsection (h), a one-time benefit adjustment shall be provided to members and/or beneficiaries of members who retired on or before June 30, 2012, in the amount of 2% of the lesser of either the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be provided without regard to the retiree’s age or number of years since retirement.
      2. Notwithstanding the prior subsections of this section, for all present and former employees, active and retired members, and beneficiaries receiving any retirement, disability or death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year under this section for adjustments on and after January 1, 2016, and subject to subsection (h)(2) below, shall be equal to (I) multiplied by (II):
        1. Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:
          1. Is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the five-year average investment return of the retirement system determined as of the last day of the plan year preceding the calendar year in which the adjustment is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent (0%). The “five-year average investment return” shall mean the average of the investment returns of the most recent five (5) plan years as determined by the retirement board. In the event the retirement board adjusts the actuarially assumed rate of return for the system, either upward or downward, the subtrahend shall be adjusted either upward or downward in the same amount.
          2. Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).

            (II) Is equal to the lesser of either the member’s retirement allowance or the first twenty-five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be indexed annually in the same percentage as determined under subsection (h)(1)(B)(I) above.

            The benefit adjustments provided by this subsection (h)(1)(B) shall be provided to all retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement or the date on which the retiree reaches his or her Social Security retirement age, whichever is later.

    1. Except as provided in subsection (h)(3) of this section, the benefit adjustments under subsection (h)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%) in which event the benefit adjustment will be reinstated for all members for such plan year.

      In determining whether a funding level under this subsection (h)(2) has been achieved, the actuary shall calculate the funding percentage after taking into account the reinstatement of any current or future benefit adjustment provided under this section.

    2. Notwithstanding subsection (h)(2), in each fourth plan year commencing after June 30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four plan years:
      1. A benefit adjustment shall be calculated and made in accordance with subsection (h)(1)(B) above; and
      2. Effective for members and/or beneficiaries of members who retired on or before June 30, 2015, the dollar amount in subsection (h)(1)(B)(II) of twenty-five thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits trust and the state police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty percent (80%).
  8. Effective for members and/or beneficiaries of members who have retired on or before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) days following the enactment of the legislation implementing this provision, and a second one-time stipend of five hundred dollars ($500) in the same month of the following year. These stipends shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable payment date and shall not be considered cost of living adjustments under the prior provisions of this section.

History of Section. G.L., § 36-10-35 ; P.L. 1968, ch 231, § 1; P.L. 1970, ch. 112, art. 10, § 1; P.L. 1980, ch. 237, §§ 2, 3; P.L. 1981, ch. 120, § 2; P.L. 1981, ch. 362, § 1; P.L. 1986, ch. 482, § 2; P.L. 1987, ch. 352, § 1; P.L. 2005, ch. 117, art. 7, § 2; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2010, ch. 23, art. 16, § 1; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2015, ch. 141, art. 21, § 7; P.L. 2021, ch. 395, § 9, effective July 14, 2021.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

Subsection (i) of this section, which refers to “the legislation implementing this provision,” was added by P.L. 2015, ch. 141, art. 21, § 7.

Law Reviews.

William C. Burnham, Comment: Public Pension Reform and the Contract Clause: A Constitutional Protection for Rhode Island’s Sacrificial Economic Lamb, 20 Roger Williams U. L. Rev. 523 (2015).

36-10-35.1. One time adjustment to original retirement allowances.

  1. 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.
  2. 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:
  3. 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.
  4. The provisions of §§ 45-13-7 45-13-10 shall not apply to this section.

Year of Retirement Additional Percentage 1979 8% 1978 10% 1977 12% 1976 14% 1975 16% 1974 18% 1973 20% Years prior to 1973 20%

Click to view

History of Section. P.L. 1986, ch. 482, § 4.

36-10-36. Post-retirement employment.

  1. On and after July 7, 1994, no member who has retired under the provisions of titles 16, 36, or 45 may be employed or reemployed by any state agency or department unless any and all retirement benefits to which he or she may be entitled by virtue of the provisions of titles 16, 36, or 45 are suspended for the duration of any employment or reemployment. No additional service credits shall be granted for any post-retirement employment or reemployment and no deductions shall be taken from an individual’s salary for retirement contribution. Notice of any such post-retirement employment or reemployment shall be sent monthly to the retirement board by the employing agency or department and by the retired member.
  2. Any member who has retired under the provisions of titles 16, 36, or 45 may be employed or reemployed by any municipality within the state that has accepted the provisions of chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day pay in any one calendar year without any forfeiture or reduction of any retirement benefits and allowances the member is receiving, or may receive, as a retired member. Pension payments shall be suspended whenever this period is exceeded. No additional contributions shall be taken, and no additional service credits shall be granted, for this service. Notice of this employment or reemployment shall be sent monthly to the retirement board by the employer and by the retired member.
  3. Any member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any municipality within the state that has not accepted the provisions of chapter 21 of title 45 and that does not participate in the municipal employees’ retirement system.
  4. Notwithstanding the provisions of this section:
    1. Any retired member of the system shall be permitted to serve as an elected mayor, the town administrator, the city administrator, the town manager, the city manager, the chief administrative officer, or the chief executive officer of any city or town, city or town council member, school committee member, or unpaid member of any part-time state board or commission or member of any part-time municipal board or commission, and shall continue to be eligible for, and receive, the retirement allowance for service other than that as a mayor, administrator, council member, school committee member, or member of any state board or commission or member of any part-time municipal board or commission; provided, however, that no additional service credits shall be granted for any service under this subsection;
    2. Any retired member, who retired from service at any state college, university, state school, or who retired from service as a teacher under the provisions of title 16, or who retired from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state college, university, or state school for the purpose of providing classroom instruction, academic advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the salary provided to other faculty members employed under a collective bargaining agreement at the institution. In no event shall “part-time” mean gross pay of more than eighteen thousand dollars ($18,000) in any one calendar year. Any retired member who provides such instruction or service shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, however, that no additional service credits shall be granted for any service under this subsection;
    3. Any retired member who retired from service as a teacher under the provisions of title 16, or as a state employee who, while an active state employee, was certified to teach driver education by the department of elementary and secondary education or by the board of governors for higher education, may be employed or reemployed, on a part-time basis, by the department of elementary and secondary education or by the board of governors of higher education for the purpose of providing classroom instruction in driver education courses in accordance with § 31-10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1 . In no event shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; provided, however, that no additional service credits shall be granted for any service under this subsection;
    4. Any retired member who retired from service as a registered nurse may be employed or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or services at a state-operated facility in Rhode Island, including employment as a faculty member of a nursing program at a state-operated college or university. In no event shall “part-time” mean gross pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days with half pay in any one calendar year. Any retired nurse who provides such care and/or services shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse is receiving as a retired nurse; provided, however, that no additional service credits shall be granted for any service under this subsection. Pension payments shall be suspended whenever this period is exceeded. No additional contributions shall be taken and no additional service credits shall be granted for this service. Notice of this employment or reemployment shall be sent monthly to the retirement board by the employer and by the retired member;
    5. Any retired member who, at the time of passage of this section, serves as a general magistrate within the family court and thereafter retires from judicial service, may be employed or reemployed by the family court to perform such services as a general magistrate of the family court as the chief judge of the family court shall prescribe without any forfeiture or reduction of any retirement benefits and allowances that he or she is receiving or may receive. For any such services or assignments performed after retirement, the general magistrate shall receive no compensation whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional service credits shall be granted for this service; and
    6. Any retired member of the system shall be permitted to serve as a municipal employee without any forfeiture or reduction of any retirement benefits and allowances that he or she is receiving or may receive; provided, that said member shall be appointed by and serves at the pleasure of the highest elected chief executive officer, as defined in § 45-9-2 , in any city or town subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided further, that no additional service credits shall be granted for any service under this subsection.

History of Section. P.L. 1991, ch. 6, art. 30, § 2; P.L. 1994, ch. 142, § 1; P.L. 1995, ch. 245, § 1; P.L. 1997, ch. 211, § 1; P.L. 1997, ch. 314, § 1; P.L. 2000, ch. 349, § 1; P.L. 2000, ch. 468, § 1; P.L. 2000, ch. 495, § 1; P.L. 2001, ch. 333, § 1; P.L. 2002, ch. 202, § 1; P.L. 2002, ch. 263, § 1; P.L. 2003, ch. 217, § 2; P.L. 2003, ch. 361, § 2; P.L. 2004, ch. 379, § 1; P.L. 2004, ch. 474, § 1; P.L. 2004, ch. 495, § 1; P.L. 2009, ch. 1, § 2; P.L. 2009, ch. 2, § 2; P.L. 2009, ch. 3, § 1; P.L. 2011, ch. 363, § 30; P.L. 2012, ch. 207, § 2; P.L. 2012, ch. 236, § 2; P.L. 2014, ch. 245, § 1; P.L. 2014, ch. 268, § 1; P.L. 2014, ch. 322, § 1; P.L. 2017, ch. 181, § 1; P.L. 2017, ch. 279, § 1; P.L. 2017, ch. 406, § 1; P.L. 2017, ch. 416, § 1.

Compiler’s Notes.

Section 8 of P.L. 1994, ch. 142 provides: “If any provision of this act or any application thereof shall for any reason be judged invalid such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.”

P.L. 2012, ch. 207, § 2, and P.L. 2012, ch. 236, § 2 enacted identical amendments to this section.

This section was amended by three acts (P.L. 2014, ch. 245, § 1; P.L. 2014, ch. 268, § 1; P.L. 2014, ch. 322, § 1) as passed by the 2014 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all three acts.

P.L. 2014, ch. 268, § 1, and P.L. 2014, ch. 322, § 1 enacted identical amendments to this section.

This section was amended by four acts (P.L. 2017, ch. 181, § 1; P.L. 2017, ch. 279, § 1; P.L. 2017, ch. 406, § 1; P.L. 2017, ch. 416, § 1) as passed by the 2017 General Assembly. Since the acts are not in conflict with each other, the section is set out as amended by all four acts.

P.L. 2017, ch. 181, § 1, and P.L. 2017, ch. 279, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 406, § 1, and P.L. 2017, ch. 416, § 1 enacted identical amendments to this section.

Repealed Sections.

Former § 36-10-36 (P.L. 1970, ch. 112, art. 7, § 1; P.L. 1980, ch. 17, § 2; P.L. 1985, ch. 257, § 2; P.L. 1987, ch. 329, § 1; P.L. 1988, ch. 514, § 1), concerning the same subject matter, was repealed by P.L. 1991, ch. 6, art. 30, § 1, effective July 1, 1991.

NOTES TO DECISIONS

Authority to Bind State.

To the extent that officers of the retirement board who spoke to a state employee prior to his retirement advised him that he could work for a municipality on a full-time basis without suffering any diminishment of his state pension they were acting ultra vires and lacked any authority to bind the state to provide retirement benefits beyond those allowed by state law. Romano v. Retirement Bd. of the Employees' Retirement Sys., 767 A.2d 35, 2001 R.I. LEXIS 48 (R.I. 2001).

Change in Employment.

Post-retirement professors reemployed by state are not entitled to complain when the state decides to change the terms on which it may opt to offer such reemployment opportunities to retired professors. Retired Adjunct Professors v. Almond, 690 A.2d 1342, 1997 R.I. LEXIS 61 (R.I. 1997).

Trial justice erred in permanently enjoining defendants (state retirement board chair and governor) from applying new pension law to plaintiffs (retired professors); plaintiffs had no contractual or other protected property right in being reemployed by the state after their retirement and the statute contains no language granting or referring to any contractual or other right of public pensioners to obtain post-retirement reemployment from the state. Retired Adjunct Professors v. Almond, 690 A.2d 1342, 1997 R.I. LEXIS 61 (R.I. 1997).

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 (3/4) 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.

Compiler’s Notes.

P.L. 2011, ch. 408, § 7, and P.L. 2011, ch. 409, § 7 enacted identical amendments to this section.

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.

Compiler’s Notes.

Section 8 of P.L. 1994, ch. 142 provides: “If any provision of this act or any application thereof shall for any reason be judged invalid such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.”

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.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 139 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

Repealed Sections.

Former § 36-10-39 (P.L. 1976, ch. 315, § 2), which permitted the assignment of interest in retirement benefits to the state employee’s credit union, was repealed by P.L. 1981, ch. 163, § 1.

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:
    1. Domestic partnership agreement or relationship contract;
    2. Joint mortgage or joint ownership of primary residence;
    3. Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
    4. 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.

Chapter 10.1 Rhode Island Public Employee Pension Revocation and Reduction Act

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.

NOTES TO DECISIONS

Return of Contributions.

R.I. Gen. Laws § 36-10.1-4(c) provides that no payments in return of contributions shall be made or ordered unless and until the public official or public employee has satisfied in full certain judgments or orders, which is followed by four modifying phrases: (1) rendered by any court of competent jurisdiction; (2) for the payment of restitution; (3) for losses incurred by any person; and (4) as a result of the subject crime related to public office or public employment. After reading § 36-10.1-4(c) in its entirety, alongside the Rhode Island Public Employee Pension Revocation and Reduction Act’s, R.I. Gen. Laws tit. 36, ch. 10.1, other provisions, the state’s highest court concludes that the four phrases following the disjunctive phrase “judgments or orders” modify the phrase “judgments or orders.” Zambarano v. Ret. Bd. of the Emples. Ret. Sys., 61 A.3d 432, 2013 R.I. LEXIS 34 (R.I. 2013).

36-10.1-2. Definitions.

  1. “Crime related to public office or public employment” shall mean any of the following criminal offenses:
    1. The committing, aiding, or abetting of an embezzlement of public funds;
    2. The committing, aiding, or abetting of any felonious theft by a public officer or employee from his or her employer;
    3. Bribery in connection with employment of a public officer or employee; and
    4. The committing of any felony by a public officer or employee who, willfully and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position.
  2. “Public official” or “public employee” shall mean any current or former state or municipal elected official as defined in § 36-14-2(10) , state or municipal appointed official as defined in § 36-14-2(4) , and any employee of state or local government, of boards, commissions or agencies as defined in § 36-14-2(8)(i) , (ii), who is otherwise entitled to receive or who is receiving retirement benefits under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42, whether that person is acting on a permanent or temporary basis and whether or not compensated on a full-time or part-time basis. For the purposes of this chapter, all these persons are deemed to be engaged in public employment.
  3. As used in this chapter, the phrase “pleads guilty or nolo contendere” shall not include any plea of nolo contendere which does not constitute a conviction by virtue of § 12-10-12 or 12-18-3 .
  4. 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:
      1. Domestic partnership agreement or relationship contract;
      2. Joint mortgage or joint ownership of primary residence;
      3. Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
      4. The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance.

History of Section. P.L. 1992, ch. 306, art. 1, § 8; P.L. 2007, ch. 510, § 13; P.L. 2010, ch. 239, § 12.

NOTES TO DECISIONS

Crime Related to Public Office.

Since plaintiff’s conviction of two misdemeanors did not amount to a final conviction of a crime related to public office or public employment as defined by this section, the board failed to demonstrate that it was justified in initiating an action to suspend plaintiff’s pension payments. Smith v. Retirement Bd. of the Employees Retirement Sys., 656 A.2d 186, 1995 R.I. LEXIS 62 (R.I. 1995).

— No Conviction.

Absent a conviction or a plea of guilty or nolo contendere to one of the felonies enumerated in this section, defendants could not suspend the plaintiff’s pension payments. Smith v. Retirement Bd. of the Employees Retirement Sys., 656 A.2d 186, 1995 R.I. LEXIS 62 (R.I. 1995).

36-10.1-3. Revocation and reduction of benefits.

  1. Notwithstanding any other provision of law, any retirement or other benefit or payment of any kind to which a public official or public employee is otherwise entitled under this chapter, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42 shall be revoked or reduced, in accordance with the provisions of this chapter, or § 11-41-31 if, after January 1, 1993, the public official or public employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public office or public employment. Any such conviction or plea shall be deemed to be a breach of the public officer’s or public employee’s contract with his or her employer.
  2. Whenever any public official or public employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her public office or public employment, the retirement board, if no finding is made by the judge in the criminal action pursuant to § 11-41-31 , shall:
    1. Initiate a civil action in the superior court for the revocation or reduction of any retirement or other benefit or payment to which the public official or public employee is otherwise entitled under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42.
    2. The superior court shall order the public official or employee to appear and show cause as to why any retirement or other benefit or payment to which the public official or public employee is otherwise entitled under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42 should not be withheld pending adjudication of the civil action in the superior court.
    3. Legal standing is hereby conferred upon the retirement board to initiate and maintain a civil action, and jurisdiction over that civil action is hereby conferred upon the superior court.
    1. In any civil action under this chapter for the revocation or reduction of retirement or other benefits or payments, the superior court shall determine:
      1. Whether the public employee has been convicted of or pled guilty or nolo contendere to any crime related to his or her public office or public employment and, if so;
      2. Whether the retirement or other benefits or payments to which the public official or public employee is otherwise entitled should be revoked or diminished and, if so;
      3. In what amount or by what proportion such revocation or reduction should be ordered.
    2. In rendering its decision hereunder, the superior court shall consider and address each of the following factors:
      1. The fact that the allowance of retirement or other benefits or payments for service under this title, under title 16, under title 45, under title 8, under chapter 30 of title 28, under chapter 43 of title 31, and under chapter 28 of title 42 presumes and requires that the service shall have been honorably rendered;
      2. The severity of the crime related to public office or public employment of which the public official or public employee has been convicted or to which the public official or public employee has pled guilty or nolo contendere;
      3. The amount of monetary loss suffered by the public official’s or public employee’s employer or by any other person as a result of the subject crime related to public office or public employment;
      4. The degree of public trust reposed in the subject public official or public employee by virtue of his or her public office or public employment; and
      5. Any such other factors as, in the judgment of the superior court, justice may require.
  3. If the superior court determines that the retirement or other benefits or payments of a public official or public employee should be revoked or reduced under this chapter, it may, in its discretion and after taking into consideration the financial needs and resources of any innocent spouse or domestic partner, dependents and/or designated beneficiaries of the public official or public employee, order that some or all of the revoked or reduced benefits or payments be paid to any innocent spouse or domestic partner, dependent or beneficiary as justice may require.
  4. If the superior court determines that the retirement or other benefits or payments of a public official or public employee should not be revoked or reduced under this chapter, it shall order that the retirement or other benefits or payments be made to the public official or public employee as if the initiation of the civil action had not occurred.

History of Section. P.L. 1992, ch. 306, art. 1, § 8; P.L. 1995, ch. 212, § 1; P.L. 1996, ch. 292, § 2; P.L. 2007, ch. 510, § 13.

Applicability.

Section 3 of P.L. 1996, ch. 292, provides: “This act shall take effect upon passage [August 6, 1996] and shall be applied only to those offenses which occur after the date of the passage of this act.”

NOTES TO DECISIONS

Construction.

Enactment of R.I. Gen. Laws § 11-41-31 which provided an alternative manner in which a dishonest public servant’s pension benefits could be revoked after 1996, did not prevent a former governor’s pension benefits from being revoked after a conviction on guilty plea before 1996 under R.I. Gen. Laws § 36-10.1-3 , which provided the original method for effecting such a revocation. Ret. Bd. of the Emples. Ret. Sys. of R.I. v. DiPrete, 845 A.2d 270, 2004 R.I. LEXIS 61 (R.I. 2004).

Innocent Spouse.

Wife of former governor whose pension benefits were properly revoked after conviction of crimes relating to government service was entitled, as an innocent spouse whose resources were limited, to at least a spousal share of that portion of the pension benefits attributable to the years of honorable service, even though the governor’s own benefits were revoked in their entirety. Ret. Bd. of the Emples. Ret. Sys. of R.I. v. DiPrete, 845 A.2d 270, 2004 R.I. LEXIS 61 (R.I. 2004).

Superior court erred in ordering a wife to forward pension payments to her husband’s employer to satisfy his restitution obligations because the Public Employee Pension Revocation and Reduction Act, § 36-10.1-1 et seq., could not be used to punish the innocent spouse for the misdeeds of the husband; the final payee of the husband’s pension payments would be the employer, which did not qualify as an innocent spouse, dependent, or beneficiary. Ret. Bd. of the Emples. Ret. Sys. of R.I. v. Randall, 249 A.3d 629, 2021 R.I. LEXIS 31 (R.I. 2021).

There are no degrees of innocence under the Public Employee Pension Revocation and Reduction Act (PEPRRA): a spouse is either innocent or not; nor is PEPRRA intended to be punitive in its application, but rather, it is a remedial enactment intended to be equitable in nature. Ret. Bd. of the Emples. Ret. Sys. of R.I. v. Randall, 249 A.3d 629, 2021 R.I. LEXIS 31 (R.I. 2021).

No Conviction.

Plaintiff was not “convicted of,” nor did he plead “guilty or nolo contendere” to, any “crime” that would initiate a pension suspension under this section. Smith v. Retirement Bd. of the Employees Retirement Sys., 656 A.2d 186, 1995 R.I. LEXIS 62 (R.I. 1995).

36-10.1-4. Return of contribution.

  1. 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.
  2. 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.
  3. 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.

NOTES TO DECISIONS

Prorated Return.

Although a former governor whose pension had been revoked following a conviction on guilty plea was entitled to a return of contributions to the pension fund, the amount to be returned was prorated to account for amounts attributable to benefits that the governor’s innocent spouse was still entitled to receive. Ret. Bd. of the Emples. Ret. Sys. of R.I. v. DiPrete, 845 A.2d 270, 2004 R.I. LEXIS 61 (R.I. 2004).

Return of Contributions.

Retirement Board of the Employees’ Retirement System of the State of Rhode Island could not refuse a former employee’s demand under R.I. Gen. Laws § 36-10-8 for a return of his pension contributions under R.I. Gen. Laws § 36-10.1-4(c) since “for the payment of restitution” in § 36-10.1-4(c) modified both “judgments” and “orders” and an order of forfeiture entered in the employee’s federal bribery case was not an order of restitution since the federal court did not order the employee to restore the $ 46,000 that he and his co-defendants had accepted as bribe money to the individuals who had bribed the public officials, but ordered the employee to forfeit his ill-gotten gains to the federal government as part of his punishment. Zambarano v. Ret. Bd. of the Emples. Ret. Sys., 61 A.3d 432, 2013 R.I. LEXIS 34 (R.I. 2013).

R.I. Gen. Laws § 36-10.1-4(c) provides that no payments in return of contributions shall be made or ordered unless and until the public official or public employee has satisfied in full certain judgments or orders, which is followed by four modifying phrases: (1) rendered by any court of competent jurisdiction; (2) for the payment of restitution; (3) for losses incurred by any person; and (4) as a result of the subject crime related to public office or public employment. After reading § 36-10.1-4(c) in its entirety, alongside the Rhode Island Public Employee Pension Revocation and Reduction Act’s, R.I. Gen. Laws tit. 36, ch. 10.1, other provisions, the state’s highest court concludes that the four phrases following the disjunctive phrase “judgments or orders” modify the phrase “judgments or orders.” Zambarano v. Ret. Bd. of the Emples. Ret. Sys., 61 A.3d 432, 2013 R.I. LEXIS 34 (R.I. 2013).

Superior court erred in declining to apply the husband’s pension contributions to his restitution obligations merely because he failed to make that specific request; the Public Employee Pension Revocation and Reduction Act, § 36-10.1-1 et seq., clearly vested the superior court with discretion to determine whether funds otherwise due to the public employee as a return of contribution be paid in satisfaction of the outstanding restitution. Ret. Bd. of the Emples. Ret. Sys. of R.I. v. Randall, 249 A.3d 629, 2021 R.I. LEXIS 31 (R.I. 2021).

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.

Applicability.

P.L. 2014, ch. 497, § 2, provides that this section takes effect upon passage [July 8, 2014] and shall apply to all pending proceedings under any municipal ordinance as provided herein.

P.L. 2014, ch. 526, § 2, provides that this section takes effect upon passage [July 8, 2014] and shall apply to all pending proceedings under any municipal ordinance as provided herein.

NOTES TO DECISIONS

Jurisdiction.

As a retirement board’s petition seeking to confirm its decision to reduce a former city employee’s pension was adjudicated before enactment of this section, which gave the superior court jurisdiction over such actions, the court lacked subject-matter jurisdiction and its judgment confirming the board’s decision was void; but as it had jurisdiction under this section by the time the appeal was heard, on remand it could conduct further proceedings or could re-enter its previous judgment. Ret. Bd. of the Emples. Ret. Sys. of Providence v. Corrente, 111 A.3d 301, 2015 R.I. LEXIS 34 (R.I. 2015).

Superior court was vested with jurisdiction over the administrative appeal of an action brought by a city board pursuant to a municipal ordinance providing for the reduction of the pension benefits of a municipal employee following multiple federal convictions of the employee. Ret. Bd. of the Emples. Ret. Sys. v. Corrente, 174 A.3d 1221, 2017 R.I. LEXIS 130 (R.I. 2017).

Chapter 10.2 Pension Protection Act

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.

Compiler’s Notes.

P.L. 2011, ch. 408, § 8, and P.L. 2011, ch. 409, § 8 enacted identical versions of this chapter.

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.

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.

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.

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.

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.

36-10.2-7. Funding improvement strategy procedure.

  1. In any case in which a plan is in endangered status for a plan year, except for a plan year where a plan is already in a funding improvement period and meeting its scheduled funding targets for the three (3) consecutive prior plan years, a funding improvement strategy shall be implemented not later than June 30 following the date the plan was certified as being in endangered status under § 36-10.2-6 . The plan actuary shall submit preliminary funding improvement strategies including a default strategy as described in subparagraphs (3) and (4) to the board for review not later than January 1 following the date the plan was certified as being in endangered status under § 36-10.2-6 .
  2. The funding improvement strategy shall be formulated to achieve, based on reasonably anticipated experience and reasonable actuarial assumptions, the following requirements:
    1. The plan’s funded percentage shall improve in accordance with paragraph (i) or paragraph (ii), applying the paragraph that produces the greater funded percentage increase for the plan in a ten (10) year period.
      1. As of the close of a ten (10) year funding improvement period, the plan’s funded percentage shall equal or exceed the sum of:
        1. The plan’s funded percentage as of the beginning of the plan year that the actuary initially certified the plan as endangered; plus
        2. Fifty percent (50%) of the difference between eighty percent (80%) and the plan’s funded percentage under paragraph (I); or
      2. The plan’s funded percentage shall improve at the rate of at least one percent (1%) annually until the plan’s funded percentage equals or exceeds eighty percent (80%).
    2. In the event that the state or a local municipality, as the employer of a plan, determines that, based on reasonable actuarial assumptions and upon exhaustion of all reasonable measures, the plan cannot reasonably be expected to meet the guidelines of subdivisions (i) and (ii), then the employer’s legislative governing body shall provide a report to the retirement board, no later than March 1 following the date the plan was certified as being in endangered status under § 36-10.2-6 , explaining why the plan is not reasonably expected to meet the guidelines of subdivisions (i) or (ii) and provide a reasonable funding improvement strategy to emerge from endangered status.
  3. Not later than January 1 following the date the plan was certified as being in endangered status under § 36-10.2-6 , the actuary shall provide to the board, and in the case of MERS plan shall also provide to the impacted local municipality’s legislative governing body, at least five (5) funding improvement strategies but no more than ten (10) funding improvement strategies showing revised benefit structures, revised contribution structures, or both, which, if adopted, may reasonably be expected to enable the plan to meet the applicable requirements found in subparagraph (2).
  4. In addition to any funding improvement strategies provided by the board in subparagraph (3), the board shall include a default funding improvement strategy (“Default A”) that shall show increases in employer and employee contributions under the plan necessary to achieve the applicable requirements found in subsection (2), assuming no amendments to reduce future benefit accruals under the plan.
  5. Not later than April 1 following the date the plan was certified as being in endangered status under § 36-10.2-6 , the board shall submit the “Default A” strategy as described in subparagraph (4) and one additional funding improvement strategy, as selected by the board, to the general assembly.
  6. Not later than June 30 following the date the plan was certified as being in endangered status under § 36-10.2-6 , the general assembly shall select and enact into law one of the two (2) submitted funding improvement strategies. If no funding improvement strategy is approved by the general assembly by June 30, the “Default A” strategy as described in subparagraph (4) shall be enacted into law effective July 1 following the date the plan was certified as being in endangered status under § 36-10.2-6 . “Default A” shall remain in effect until either the actuary certifies under § 36-10.2-6 for a plan year that the plan is no longer in endangered status or the general assembly selects a funding improvement strategy consistent with the provisions of this chapter.
  7. Notwithstanding any other law to the contrary, any reports and funding strategies submitted to the board pursuant to this section shall be public records.

History of Section. P.L. 2011, ch. 408, § 8; P.L. 2011, ch. 409, § 8.

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.

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.

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.

Chapter 10.3 Defined Contribution Retirement Plan

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:
    1. An employee who is a member of ERS other than correctional officers as defined in § 36-10-9.2 ; or
    2. 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.

Compiler’s Notes.

P.L. 2011, ch. 408, § 9, and P.L. 2011, ch. 409, § 9 enacted identical versions of this chapter.

Law Reviews.

William C. Burnham, Comment: Public Pension Reform and the Contract Clause: A Constitutional Protection for Rhode Island’s Sacrificial Economic Lamb, 20 Roger Williams U. L. Rev. 523 (2015).

36-10.3-2. Establishment.

  1. A defined contribution retirement plan is established for members of the of the Employees’ Retirement System of Rhode Island (ERS) and the Municipal Employees’ Retirement System of Rhode Island (MERS).
  2. The defined contribution retirement plan is a plan in which retirement savings are accumulated in an individual account for the exclusive benefit of the member or beneficiaries. The plan is established effective July 1, 2012, at which time contributions by employers and members begin.
  3. The defined contribution plan established by this chapter is intended to qualify under 26 U.S.C. §§ 401(a), 414(d), and 414(k) (Internal Revenue Code) in effect from time to time as a qualified governmental retirement plan established and maintained by the state for its employees, for the employees of participating political subdivisions, public corporations, and public organizations of the state, and for the employees of other employers whose participation is authorized by this chapter.
    1. Exclusive benefit. All funds of the plan shall be held in one or more trusts, in one or more custodial accounts treated as trusts in accordance with section 401(f) of the Internal Revenue Code, or in a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries, for any part of the corpus or income to be used for, or diverted to, purposes other than the payment of retirement savings benefits to employees and their beneficiaries. However, this requirement shall not prohibit: (i) The return of a contribution within six (6) months after the plan administrator determines that the contribution was made by a mistake of fact; or (ii) The payment of expenses of the plan in accordance with applicable law.
    2. Vesting on plan termination. In the event of the termination (within the meaning of the Internal Revenue Code) of the plan, the amounts credited to members’ accounts shall become fully and immediately vested.
    3. Forfeitures. Amounts forfeited by an employee shall not be applied to increase the benefits of any other employee, and shall reduce employer contributions as shall be set forth in the plan document.
    4. Required distributions. In no event shall a member receive contributions in any year that exceed the limitation set forth in section 415(c) of the Internal Revenue Code.
    5. Limitation on benefits. Benefits shall not be payable to the extent that they exceed the limitations imposed by section 415 of the Internal Revenue Code, 26 U.S.C. § 415, as adjusted from time to time pursuant to section 415(d) of the Internal Revenue Code. In no event shall the member receive a retirement benefit in any year that exceeds the limitations set forth in section 415(b) of the Internal Revenue Code.
    6. Limitation on compensation. Benefits and contributions shall not be computed with reference to any compensation that exceeds the maximum dollar amount permitted by section 401(a)(17) of the Internal Revenue Code as adjusted for increases in the cost-of-living.
  4. The state investment commission shall select an appropriate third-party administrator for the plan and shall adopt such plan, trust and/or custodial documents, with such features and attributes as the commission determines necessary or advisable in its discretion to effectuate the provisions of this chapter in accordance with the following:
    1. The commission shall select one or more firm(s) or company(ies) to provide retirement plan investment, plan administration, and communication services to employees who participate in the defined contribution plan. The plan shall provide for appropriate long-term retirement oriented investments, and shall include annuity or annuity-like options as determined by the commission. In determining the firm or the company to provide these plan services, the commission shall consider all of the following:
      1. The financial stability of the company or firm.
      2. The cost of the investments, plan administration, and services to the members.
      3. The experience of the company or firm in providing defined contribution retirement plans.
      4. The experience of the company or firm in providing plan education, counseling, and advice to participants of defined contribution plans.
      5. Any criminal convictions, securities or antitrust law violations, material civil or regulatory fines or judgments against the company or firm which the company or firm shall be required to disclose to the commission as part of the selection process.
    2. The defined contribution retirement plan shall include an option that any disbursement of the accumulated assets in a participant’s defined contribution plan account or accounts may be made as a life annuity. The defined contribution retirement plan may offer participants a menu of lifetime annuity options, either fixed or variable, or a combination of both.
    3. Accumulations in the defined contribution plan are intended to be for retirement purposes and loans or hardship distribution options permitted under the plan, if any, shall be structured for the primary purpose of this plan to support members in their retirement.
    4. The plan shall provide education, counseling and objective employee-specific plan advice to employees.
    5. The plan shall include a limited number of investment options which shall include either: (i) Investment portfolio options that are constructed to reflect different risk profiles such as conservative, moderate and aggressive; and/or (ii) Options constructed to reflect different risk profiles that automatically reallocate and rebalance contributions as an employee ages.

History of Section. P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9.

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.

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.

Compiler’s Notes.

P.L. 2019, ch. 205, § 7, and P.L. 2019, ch. 271, § 7 enacted identical amendments to this section.

Effective Dates.

P.L. 2019, ch. 205, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

P.L. 2019, ch. 271, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

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:
    1. 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;
    2. 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
    3. 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.

Compiler’s Notes.

P.L. 2019, ch. 205, § 7, and P.L. 2019, ch. 271, § 7 enacted identical amendments to this section.

Effective Dates.

P.L. 2019, ch. 205, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

P.L. 2019, ch. 271, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

36-10.3-6. Supplemental employer and member contributions.

  1. 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 .
  2. 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.
  3. 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.

Compiler’s Notes.

P.L. 2019, ch. 205, § 7, and P.L. 2019, ch. 271, § 7 enacted identical amendments to this section.

Effective Dates.

P.L. 2019, ch. 205, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

P.L. 2019, ch. 271, § 10, provides that the amendment to this section by that act takes effect on July 1, 2020.

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.

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.

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.

36-10.3-10. Rollover contributions and distributions.

  1. An employee entering the plan may elect, at the time and in the manner prescribed by the administrator, to have all or part of a direct rollover distribution from an eligible retirement plan owned by the member paid directly into the member’s individual account.
  2. Rollover contributions do not count as a purchase of membership service for the purpose of determining years of service.
  3. A distributee may elect, at the time and in the manner prescribed by the administrator, to have all or part of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in the direct rollover.
  4. In this section:
    1. “Direct rollover” means the payment of an eligible rollover distribution by the plan to an eligible retirement plan specified by a distributee who is eligible to elect a direct rollover;
    2. “Distributee” means a member, or a beneficiary who is the surviving spouse or domestic partner of the member, or an alternate payee:
    3. “Eligible retirement plan” means:
      1. An individual retirement account described in 26 U.S.C. § 408(d)(3)(A);
      2. An annuity plan described in 26 U.S.C. § 403(a);
      3. A qualified trust described in 26 U.S.C. § 401(a);
      4. An annuity plan described in 26 U.S.C. § 403(b);
      5. A governmental plan described in 26 U.S.C. § 457(b);
      6. An individual retirement annuity defined in 26 U.S.C. § 408(b); or
      7. On or after January 1, 2008, a Roth IRA described in 26 U.S.C. § 408A;
    4. “Eligible rollover distribution” means a distribution of all or part of a total account to a distributee, except for:
      1. A distribution that is one of a series of substantially equal installments payable not less frequently than annually over the life expectancy of the distributee or the joint and last survivor life expectancy of the distributee and the distributee’s designated beneficiary, as defined in 26 U.S.C. § 401(a)(9);
      2. A distribution that is one of a series of substantially equal installments payable not less frequently than annually over a specified period of ten (10) years or more;
      3. A distribution that is required under 26 U.S.C. § 401(a)(9);
      4. The portion of any distribution that is not includable in gross income; however, a portion under this paragraph may be transferred only to an individual retirement account or annuity described in 26 U.S.C. § 408(a) or (b), to a qualified plan described in 26 U.S.C. § 401(a) or 403(a), or to an annuity contract described in 26 U.S.C. § 403(b), that agrees to separately account for amounts transferred, including separately accounting for the portion of the distribution that is includable in gross income and the portion of the distribution that is not includable in gross income; and
      5. Other distributions that are reasonably expected to total less than two hundred dollars ($200) during a year.

History of Section. P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9.

36-10.3-11. Annual report and statement.

The retirement board shall submit to the governor, the general treasurer, the auditor general, the speaker of the house of representatives and the president of the senate, on or before the first day of December of each fiscal year, an annual report including a financial statement of the plan for the fiscal year of the state next preceding said date. The retirement board shall cause to be published for distribution among the members of the system a financial statement summarizing the results of operations for the fiscal year. The report and financial statement shall also be posted electronically on the retirement board’s website.

History of Section. P.L. 2011, ch. 408, § 9; P.L. 2011, ch. 409, § 9.

36-10.3-12. 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, § 9; P.L. 2011, ch. 409, § 9.

36-10.3-13. Waiver of administrative fees.

Any plan administration fees assessed to members of the plan after July 1, 2015, shall be reimbursed by the state for any member whose annual compensation is thirty-five thousand dollars ($35,000) or less, said dollar amount to be indexed annually in the same percentage determined under § 36-10-35(h)(1)(B) .

History of Section. P.L. 2015, ch. 141, art. 21, § 10.

Chapter 11 Organization of State Employees

36-11-1. Right to organize — Bargaining representatives.

  1. State employees, except for casual employees or seasonal employees, shall have the right to organize and designate representatives of their own choosing for the purpose of collective bargaining with respect to wages, hours, and other conditions of employment. State employees, as used in this chapter, shall include employees and members of the department of state police below the rank of lieutenant.
  2. The representatives of state employees are hereby granted the right to negotiate with the chief executive or his or her designee (appointed, elected, or possessing classified status) on matters pertaining to wages, hours, and working conditions.
  3. The chief executive or his or her designee (appointed, elected, or possessing classified status) is hereby authorized and required to recognize an organization designated by state employees for the purpose of collective bargaining as the collective bargaining agency for its members.

History of Section. P.L. 1958, ch. 178, § 1; P.L. 1966, ch. 147, § 1; P.L. 1970, ch. 116, § 1; P.L. 1972, ch. 277, § 1; P.L. 1980, ch. 356, § 1.

Cross References.

Union membership of welfare employees, § 40-6-1 et seq.

Comparative Legislation.

Collective bargaining:

Conn. Gen. Stat. § 5-270 et seq.

NOTES TO DECISIONS

Arbitration.

The department’s power to establish a maximum-consecutive-work-hours cap for those health-care employees who work with its custodial patients is not properly arbitrable because arbitration conflicts with the nondelegable managerial duties of the department and its director to provide for the safety and the welfare of the disabled, custodial patients and for the protection of the public health. Department of Mental Health, Retardation, & Hosps. v. Rhode Island Council 94, 692 A.2d 318, 1997 R.I. LEXIS 115 (R.I. 1997).

Choice of Remedy.

Where the plaintiff attempted to grieve his claim for retroactive pension enrollment under a collective bargaining agreement and could have submitted that grievance to arbitration, his grievance sought essentially the same remedy as the complaint later filed in court, and the motion justice committed no error by granting summary judgment. Cipolla v. Rhode Island College, 742 A.2d 277, 1999 R.I. LEXIS 226 (R.I. 1999).

Collateral References.

Bargainable or negotiable issues in state public employment labor relations. 84 A.L.R.3d 242.

Right of public employees to form or join a labor organization affiliated with a federation of trade unions or which includes private employees. 40 A.L.R.3d 728.

Supervisors for purposes of bargaining-unit determinations in state public employment labor relations. 96 A.L.R.3d 723.

Union security arrangements in state public employment. 95 A.L.R.3d 1102.

36-11-1.1. Definitions.

The following terms as used in this chapter shall have the following meaning:

  1. “Casual employees” shall mean those persons hired for an occasional period to perform special jobs or functions not necessarily related to the work performed by the regular employees in the collective bargaining unit.
  2. “Seasonal employees” shall mean those persons employed in positions which are part of an annual job employment program.

History of Section. P.L. 1980, ch. 356, § 2.

36-11-2. Discrimination because of membership in employee organization prohibited.

  1. There shall be no discrimination against any state employee because the employee has formed, joined, or chosen to be represented by any labor or employee organization.
  2. Supervisory employees shall not endorse any particular labor or employee organization or by reason of membership in any organization, show prejudice or discriminate against any individual employee.
  3. Membership in any labor or employee organization may be determined by each individual employee and each individual member. Membership dues or fees are established in amounts as determined by the organization.
  4. The state controller shall hereby be directed, upon certification of the exclusive bargaining organization, to deduct biweekly membership dues from the employee’s salary and remit the amount to the treasurer of the exclusive bargaining organization.
  5. Any employees in the bargaining unit, who are not members of the exclusive bargaining representative organization, may be required by the labor or employee organization to pay a reasonable charge for grievances and/or arbitrations brought at the nonmember’s request.
  6. The employer shall notify the exclusive bargaining unit representative organization of the hiring of any employee in the bargaining unit. The notice shall be given promptly after the hiring decision is made but in no event later than the fifth business day following the employee’s start date.

History of Section. P.L. 1958, ch. 178, § 2; P.L. 1972, ch. 277, § 1; P.L. 1973, ch. 256, § 2; P.L. 2019, ch. 95, § 4; P.L. 2019, ch. 146, § 4.

Compiler’s Notes.

P.L. 2019, ch. 95, § 4, and P.L. 2019, ch. 146, § 4 enacted identical amendments to this section.

NOTES TO DECISIONS

Applicability.

Superintendent of the Ladd School was unquestionably a supervisory and/or managerial employee and, as such, he was not protected under the State Labor Relations Act and could not be a member of a bargaining unit. State v. Local No. 2883, Am. Fed'n of State, County & Mun. Employees, 463 A.2d 186, 1983 R.I. LEXIS 1034 (R.I. 1983).

36-11-3. Action on grievances.

It shall be the responsibility of supervisors at all levels to consider, and commensurate with authority delegated by the head of the state department or agency, to take appropriate action promptly and fairly upon the grievances of their subordinates. To this end, appropriate authority shall be delegated to supervisors by the heads of all state departments or agencies. It shall be the duty of the chief executive or his or her designee (appointed, elected, or possessing classified status) to exert every reasonable effort to settle disputes involving hours, wages, and working conditions, by collective negotiations with designated employee organizations, and to reduce any and all agreements to writing in the form of signed collective bargaining agreements. The agreements shall be deemed lawful documents.

History of Section. P.L. 1958, ch. 178, § 3; P.L. 1966, ch. 147, § 1; P.L. 1972, ch. 277, § 1.

NOTES TO DECISIONS

Applicability.

Superintendent of the Ladd School was unquestionably a supervisory and/or managerial employee and, as such, he was not protected under the State Labor Relations Act and could not be a member of a bargaining unit. State v. Local No. 2883, Am. Fed'n of State, County & Mun. Employees, 463 A.2d 186, 1983 R.I. LEXIS 1034 (R.I. 1983).

36-11-4. Applicability.

The provisions of this chapter and the procedures established hereunder shall be applicable in any state department or agency to conditions which are in whole or part subject to the control of the head of the department or agency and which involve conditions of employment.

History of Section. P.L. 1958, ch. 178, § 4.

36-11-5. Repealed.

History of Section. P.L. 1958, ch. 178, § 5; Repealed by P.L. 1972, ch. 277, § 2.

Compiler’s Notes.

Former § 36-11-5 concerned the applicability of merit system laws.

36-11-6. Powers of representative organizations.

Organizations representing state employees, firefighters as defined in § 28-9.1-3 , and police officers as defined in § 28-9.2-3 , shall enjoy all the benefits of and be subject to all the provisions of chapter 7 of title 28, except that those employees shall not have the right to strike.

History of Section. P.L. 1966, ch. 147, § 2; P.L. 1966, ch. 230, § 1.

36-11-7. Obligation to bargain.

It shall be the obligation of the chief executive or his or her designee (appointed, elected, or possessing classified status) to meet and confer in good faith with the representatives of the state employees’ bargaining agent within ten (10) days after receipt of written notice from the bargaining agent of the request for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreement resulting from negotiations to be reduced to a written contract.

History of Section. P.L. 1972, ch. 277, § 3.

36-11-7.1. Unresolved issues submitted to mediation.

  1. In the event that the bargaining agent and the chief executive or his or her designee are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract, either of them may request mediation and conciliation upon any and all unresolved issues by the director of labor and training or from any other source. If mediation and conciliation fail or are not requested, at any time after the thirty (30) days either party may request that any and all unresolved issues shall be submitted to arbitration by sending such request by certified mail, postage prepaid to the other party, setting forth the issues to be arbitrated.
  2. In the event that the negotiating or bargaining agent and the employer are unable to reach an agreement on a contract ninety (90) days before the last day on which money can be appropriated by the state to cover the first year of the contract period, then any and all unresolved issues shall be submitted to the director of labor and training for compulsory mediation until the date upon which the money is scheduled to be appropriated. The director of labor and training or his or her designee may waive this requirement upon the mutual agreement of the parties.
  3. In the event that the negotiating or bargaining agent and the employer are unable, within ten (10) days of the expiration of the contract, to reach an agreement on a contract, any and all unresolved issues shall be submitted to the director of labor and training for compulsory mediation.
  4. If the parties cannot mutually agree upon a mediator within twenty-four (24) hours, the director of labor and training shall select a mediator from a panel previously established by the director comprised of persons knowledgeable in the field of labor management relations to mediate the dispute. The department of labor and training is hereby empowered to compel the attendance of all parties to any and all meetings it deems necessary until the dispute is resolved.

History of Section. P.L. 1991, ch. 100, § 2.

36-11-8. Unresolved issues — Conciliation or fact finding.

In the event that the bargaining agent and the chief executive or his or her designee are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract, any and all unresolved issues shall, within three (3) days, be submitted to the state labor relations board for conciliation or fact finding. The board shall immediately appoint one of its conciliators to meet with the parties and assist in a voluntary resolution of impasses. If within ten (10) days of the conciliator’s appointment all impasses are not resolved, the conciliator shall make written findings of fact and recommendations with a view toward the voluntary settlement of unresolved issues, and the findings and recommendations shall be sent to the board and the parties. The parties shall have five (5) days in which to consider the recommendations of the conciliator and settle the unresolved issues, and any issues remaining unresolved shall be referred to binding arbitration in accordance with § 36-11-9 .

History of Section. P.L. 1972, ch. 277, § 3; P.L. 1984, ch. 135, § 1.

36-11-9. Binding arbitration — Procedure.

  1. All issues remaining in dispute after the procedures for voluntary resolution of issues provided in § 36-11-8 are exhausted shall be referred to final and binding arbitration and decision. An arbitrator shall be selected within fifteen (15) days from lists of certified arbitrators submitted by and in accordance with the rule of the American Arbitration Association, provided, however, that all names so submitted shall be of Rhode Island residents.
  2. The arbitrator shall call a hearing to be held within ten (10) days of his or her appointment and shall give at least seven (7) days written notice in writing to the bargaining agent and chief executive of the time and place of the hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding; provided, however, that a stenographic record of the proceedings shall be kept and transcribed. Any and all documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records, and other evidence relative or pertinent to the issues presented to them for determination.
  3. The hearing conducted by the arbitrator shall be concluded within twenty (20) days of the time of commencement, and, within ten (10) days after the conclusion of the hearings, the arbitrator shall make written findings and a written opinion upon the issues presented, a copy of which shall be mailed or otherwise delivered to the bargaining agent or its attorney or other designated representative and the chief executive. The decision of the arbitrator shall be binding upon both the bargaining agent and the chief executive as to all issues and matters other than an issue which involves wages and as to that issue, the decision shall be advisory in nature.

History of Section. P.L. 1972, ch. 277, § 3.

NOTES TO DECISIONS

Merit System Laws.

It is the intention of the legislature that the merit-system laws should not be applied in binding-arbitration cases. Rhode Island Council 94 v. State, 456 A.2d 771, 1983 R.I. LEXIS 814 (R.I. 1983).

Collateral References.

Validity and construction of statutes or ordinances providing for arbitration or labor disputes involving public employees. 68 A.L.R.3d 885.

36-11-10. Factors to be considered by the arbitrator.

The factors, among others, to be given weight by the arbitrator in arriving at a decision shall include:

  1. Comparison of wage rates or hourly conditions of employment of the state employees involved with the prevailing wage rates or hourly conditions of employment maintained for the same or similar work of employees exhibiting like or similar skills under the same working conditions, in this state and neighboring states in private industry and public employment on state and local levels;
  2. Interest and welfare of the public;
  3. Comparison of peculiarities of employment in regard to other industries, trades, or professions, specifically:
    1. Hazards of employment;
    2. Physical, educational and mental qualifications;
    3. Job training and skills.

History of Section. P.L. 1972, ch. 277, § 3.

36-11-11. Fees and expenses of arbitrator.

Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the chief executive except that the transcript of proceedings required to be kept of the arbitration hearing shall be borne solely by the state.

History of Section. P.L. 1972, ch. 277, § 3.

36-11-12. Retirement system matters excluded from collective bargaining.

Any and all matters relating to the employees’ retirement system of the state of Rhode Island are excluded as negotiable items in the collective bargaining process.

History of Section. P.L. 1979, ch. 160, § 1.

NOTES TO DECISIONS

Consideration by Arbitrators.

Members of the state police are not and never have been members of the state employees’ retirement system, and although retired members of the state police may become members of the retirement system if they are employed after retirement pursuant to the terms of § 36-9-3 , an arbitration panel is not inhibited by the provisions of this section from considering enhancements of the retirement benefits of members of the state police union. State v. Rhode Island State Police Lodge No. 25, 544 A.2d 133, 1988 R.I. LEXIS 99 (R.I. 1988).

36-11-13. Affirmative action provisions.

  1. The director of the department of administration shall direct the associate director of human resources to include proposals for affirmative action provisions as a subject for all collective bargaining negotiations. The proposals shall include, at a minimum but not limited to, the following personnel actions: recruitment; new hires; promotions; transfers; terminations; training and education; layoffs and return from layoff.
  2. The proposals shall also include a provision that all new and vacant positions shall be filled with due consideration to equal opportunity and affirmative action interests, especially when a manifest imbalance exists within a specific job category. Manifest imbalance, as used herein, shall mean the statistical under representation of minorities (as currently defined in federal employment law as Blacks, Hispanics, American Indians, including Alaskan Natives, and Asians, including Pacific Islanders) in specific job categories.

History of Section. P.L. 1991, ch. 280, § 4; P.L. 1994, ch. 133, § 6.

Compiler’s Notes.

Section 10 of P.L. 1994, ch. 133 provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.”

Chapter 12 Insurance Benefits

36-12-1. Definitions.

The following words, as used in §§ 36-12-1 36-12-14 , shall have the following meanings:

  1. “Employer,” means the state of Rhode Island.
  2. “Employee,” means all persons who are classified employees as the term “classified employee” is defined under § 36-3-3 , and all persons in the unclassified and non-classified service of the state; provided, however, that the following shall not be included as “employees” under §§ 36-12-1 36-12-14 :
    1. Part-time personnel whose work week is less than twenty (20) hours a week and limited period and seasonal personnel;
    2. Members of the general assembly, its clerks, doorkeepers, and pages.
  3. “Dependents” means an employee’s spouse, domestic partner and unmarried children under nineteen (19) years of age. Domestic partners shall certify by affidavit to the benefits director of the division of personnel that the (i) partners are at least eighteen (18) years of age and are mentally competent to contract, (ii) partners are not married to anyone, (iii) partners are not related by blood to a degree which would prohibit marriage in the state of Rhode Island, (iv) partners reside together and have resided together for at least one year, (v) partners are financially interdependent as evidenced by at least two (2) of the following: (A) domestic partnership agreement or relationship contract; (B) joint mortgage or joint ownership of primary residence, (C) two (2) of: (I) joint ownership of motor vehicle; (II) joint checking account; (III) joint credit account; (IV) joint lease; and/or (D) the domestic partner has been designated as a beneficiary for the employee’s will, retirement contract or life insurance. Misrepresentation of information in the affidavit will result in an obligation to repay the benefits received, and a civil fine not to exceed one thousand dollars ($1,000) enforceable by the attorney general and payable to the general fund. The employee will notify the benefits director of the division of personnel by completion of a form prescribed by the benefits director when the domestic partnership ends.
  4. “Retired employee,” means all persons retired from the active service of the state, who, immediately prior to retirement, were employees of the state as determined by the retirement board under § 36-8-1 , and also all retired teachers who have elected to come under the employees’ retirement system of the state of Rhode Island.
  5. “State retiree,” means all persons retired from the active service of the state who, immediately prior to retirement, were employees of the state as determined by the retirement board under § 36-8-1 .
  6. “Teacher retiree,” means all retired teachers who have elected to come under the employees’ retirement system of the state of Rhode Island.
  7. “Long-term healthcare insurance,” means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve (12) consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. The term includes: group and individual policies or riders whether issued by insurers, fraternal benefit societies, nonprofit health, hospital, and medical service corporations; prepaid health plans, health maintenance organizations; or any similar organization. Long-term healthcare insurance shall not include: any insurance policy which is offered primarily to provide basic medicare supplement coverage; basic hospital expense coverage; basic medical-surgical expense coverage; hospital confinement indemnity coverage; major medical expense coverage; disability income protection coverage; accident only coverage; specified disease or specified accident coverage; or limited benefit health coverage. This list of excluded coverages is illustrative and is not intended to be all inclusive.
  8. “Non-Medicare-eligible retiree healthcare insurance,” means the health benefit employees who retire from active service of the state (subsequent to July 1, 1989), who immediately prior to retirement were employees of the state as determined by the retirement board pursuant to § 36-8-1 , shall be entitled to receive until attaining Medicare eligibility. This healthcare insurance shall be equal to semi-private hospital care, surgical/medical care and major medical with a one hundred seventy-five dollar ($175) calendar year deductible. The aforementioned program will be provided on a shared basis in accordance with § 36-12-4 .
  9. “Medicare-eligible retiree healthcare insurance,” means the health benefit employees who retire from active service of the state (subsequent to July 1, 1989), who immediately prior to retirement were employees of the state as determined by the retirement board pursuant to § 36-8-1 , shall have access to when eligible for Medicare. This healthcare insurance shall include plans providing hospital care, surgical/medical services, rights and benefits which, when taken together with their federal Medicare program benefits, 42 U.S.C. § 1305 et seq., shall be comparable to those provided for retirees prior to the attainment of Medicare eligibility.
  10. “Health reimbursement arrangement,” or “HRA” means an account that:
    1. Is paid for and funded solely by state contributions;
    2. Reimburses a Medicare-eligible state retiree for medical care expenses as defined in § 213(d) of the Internal Revenue Code of 1986, as amended, which includes reimbursements for healthcare insurance premiums;
    3. Provides reimbursements up to a maximum dollar amount for a coverage period; and
    4. Provides that any unused portion of the maximum dollar amount at the end of a coverage period is carried forward to increase the maximum reimbursement amount in subsequent coverage periods.

History of Section. P.L. 1960, ch. 136, § 1; P.L. 1967, ch. 105, § 1; P.L. 1988, ch. 433, § 1; P.L. 1989, ch. 227, § 2; P.L. 1989, ch. 542, § 88; P.L. 2001, ch. 110, § 1; P.L. 2013, ch. 144, art. 2, § 1.

Compiler’s Notes.

Section 3 of P.L. 1989, ch. 227 provides that an employee who retires in accordance with chapter 126 of the 1989 Public Laws shall be entitled to the benefits set forth in §§ 36-12-1 and 36-12-4(b) , regardless of age.

Law Reviews.

2001 Survey of Rhode Island Law, see 7 Roger Williams U.L. Rev. 403 (2002).

36-12-2. Hospital care and surgical-medical service benefits.

  1. Employees of the state of Rhode Island shall receive, in addition to wages, salaries, and any other remuneration or benefits, hospital care and surgical-medical services, rights, and benefits purchased by the director of administration pursuant to § 36-12-6 , with the specific condition that the benefits and services provided by the carrier(s) will be substantially equivalent to those set forth in any collective bargaining agreement(s) executed between the state of Rhode Island and authorized representatives of the unions representing state employees or the health care coverage presently being provided.
  2. The state will work diligently with leadership of organized labor in order to ensure competitive, cost effective health care services for all employees of the state who may be eligible for those benefits.
  3. Any new plan must accept pre-existing conditions for those individuals who will be covered by the new policy.
  4. Part-time employees whose work week is less than twenty (20) hours a week may purchase the benefits set forth above. The employees shall pay the same rate for the benefits as the group rate paid by the state for the benefits. Payments for the benefits may be deducted in accordance with the provisions of § 36-12-3 .

History of Section. P.L. 1960, ch. 136, § 2; P.L. 1966, ch. 226, § 1; P.L. 1967, ch. 105, § 2; P.L. 1984, ch. 310, § 1; P.L. 1996, ch. 326, § 6.

Compiler’s Notes.

Section 7 of P.L. 1996, ch. 326, provides: “If any provision of this act or of any rule or regulation made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this act or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this act shall not affect the validity of the remainder of the act.”

36-12-2.1. Health insurance benefits — Coverage for abortions excluded.

  1. The state of Rhode Island shall not include in any health insurance contracts, plans, or policies covering employees, any provision which shall provide coverage for induced abortions (except where the life of the mother would be endangered if the fetus were carried to term, or where the pregnancy resulted from rape or incest). This section shall be applicable to all contracts, plans or policies of:
    1. All health insurers subject to title 27;
    2. All group and blanket health insurers subject to title 27;
    3. All nonprofit hospital, medical, surgical, dental, and health service corporations;
    4. All health maintenance organizations; and
    5. Any provision of medical, hospital, surgical, and funeral benefits and of coverage against accidental death or injury when the benefits or coverage are incidental to or part of other insurance authorized by the statutes of this state.
  2. Provided, however, that the provisions of this section shall not apply to benefits provided under existing collective bargaining agreements entered into prior to June 30, 1982.
  3. Nothing contained herein shall be construed to pertain to insurance coverage for complications as the result of an abortion.

History of Section. P.L. 1981, ch. 290, § 1; P.L. 1983, ch. 262, § 1; P.L. 2019, ch. 27, § 8.

NOTES TO DECISIONS

Constitutionality.

Although the state exercises supreme responsibility in the arena of education, it exceeds constitutional limits by legislatively compelling a separate government employer — the school committee — to exclude abortion benefits. Accordingly, this section is unconstitutional. National Educ. Ass'n v. Garrahy, 598 F. Supp. 1374, 1984 U.S. Dist. LEXIS 21575 (D.R.I. 1984), aff'd, 779 F.2d 790, 1986 U.S. App. LEXIS 21626 (1st Cir. 1986).

This section and § 27-18-28 , restricting the availability of insurance coverage in the state for the performance of induced abortions, run contrary to the precepts of Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), and its progeny, and therefore are unconstitutional. National Education Asso. v. Garrahy, 779 F.2d 790, 1986 U.S. App. LEXIS 21626 (1st Cir. 1986).

Federal Statute.

Section 27-18-28 , which requires all insurers doing business in Rhode Island to exclude from comprehensive health insurance policies coverage for induced abortions, and this section do not violate the federal Pregnancy Discrimination Act (PDA). National Educ. Ass'n v. Garrahy, 598 F. Supp. 1374, 1984 U.S. Dist. LEXIS 21575 (D.R.I. 1984), aff'd, 779 F.2d 790, 1986 U.S. App. LEXIS 21626 (1st Cir. 1986).

36-12-2.2. Disabled retired employees — Hospital care and surgical-medical service benefits.

Notwithstanding any other provision of the law to the contrary, an employee of the state of Rhode Island who retires under the provisions of title 36 of the Rhode Island general laws with a disability pension benefit shall receive only the following state-sponsored health care and subsidies:

  1. Disabled retired employees who retire on or before September 30, 2008, and who are at least sixty (60) years of age as of September 30, 2008.
    1. Any disabled retired employee of the state of Rhode Island who retires on or before September 30, 2008, and is at least sixty (60) years of age as of September 30, 2008, will be eligible until age sixty-five (65) to continue to purchase hospital care and surgical-medical service benefits as set forth in § 36-12-2 and as are received by classified employees. Furthermore, if he/she retired subsequent to July 1, 1989, he/she shall receive for himself or herself a subsidy on the individual medical plan in accordance with the following formula until attaining age sixty-five (65):
    2. Any disabled retired employee of the state of Rhode Island who retires on or before September 30, 2008, and is at least sixty-five (65) years of age as of September 30, 2008, will be eligible to continue to purchase hospital care and surgical-medical service benefits as set forth in § 36-12-2 and as are received by classified employees. Furthermore, if he/she retired subsequent to July 1, 1989, he/she shall receive for himself or herself a subsidy on his or her individual medical plan in accordance with the following formula applied to the cost of the Medicare supplemental plan:
    3. Payment for the coverage shall be at the same group rate used by the state in making payment for state employees.
  2. Disabled retired employees who retire after September 30, 2008, or are under sixty (60) years of age on September 30, 2008. Any disabled retired employee of the state of Rhode Island who retires after September 30, 2008, or any disabled retired employee of the state of Rhode Island who is under sixty (60) years of age on September 30, 2008, will be eligible to receive state-sponsored medical coverage and subsidies as follows:
    1. If the retiree is under fifty-nine (59) years of age, the retiree shall have the right to purchase hospital care and surgical-medical service benefits as set forth in § 36-12-2 and as are received by classified employees. Payment for the coverage shall be at the same group rate used by the state in making payment for state employees.
    2. Furthermore, if the retiree is under fifty-nine (59) years of age, and retired after July 1, 1989, and before September 30, 2008, and the retiree had a minimum of twenty-eight (28) years of total service, he/she shall receive for himself or herself a ninety percent (90%) subsidy on the individual medical plan until attaining age fifty-nine (59).
    3. At age fifty-nine (59) the retiree and his/her dependents shall be eligible only for enrollment in the medical plans available to non-disabled state employee retirees. If the retiree has a minimum of ten (10) years of contributory service, and up to twenty (20) years of total service, the retiree will be eligible for a fifty percent (50%) state subsidy on the cost of the individual retiree medical plan. If the retiree has a minimum of ten (10) years of contributory service, and twenty (20) years or more of total service, the retiree will be eligible for an eighty percent (80%) state subsidy on the cost of the individual retiree medical plan. The retiree is responsible for full payment for any additional dependent plans.
  3. Disabled retired employees who retire after September 30, 2008, or are under sixty-five (65) years of age on September 30, 2008. Any disabled retired employee of the state of Rhode Island who retires after September 30, 2008, or any disabled retired employee of the state of Rhode Island who is under sixty-five (65) years of age on September 30, 2008, will be eligible to receive only the following state-sponsored medical coverage and subsidies upon attaining age sixty-five (65):
    1. If the retiree is eligible for Medicare at age sixty-five (65), the retiree and spouse shall enroll in a state-sponsored Medicare supplemental plan.
    2. If a retiree is not eligible for Medicare at age sixty-five (65), the retiree may remain in the same medical plan that the retiree was enrolled in prior to attaining age sixty-five (65).
    3. If the retiree has a minimum of ten (10) years of contributory service, and up to twenty (20) years of total service, the retiree will receive a fifty percent (50%) state subsidy based on the cost of the individual Medicare supplemental plan. If the retiree has a minimum of ten (10) years of contributory service and twenty (20) years or more of total service, the retiree will be eligible for an eighty percent (80%) state subsidy based on the cost of the individual Medicare supplemental plan. The retiree is responsible for full payment for any additional dependent plans.
  4. Payments for retiree and dependent medical coverage shall be deducted from the purchaser’s retirement benefits received pursuant to chapter 10 of this title.

Years of Service State’s Share Employee’s Share 10 - 15 50% 50% 16 - 22 70% 30% 23 - 27 80% 20% 28+ 100% 0%

Click to view

Years of Service State’s Share Employee’s Share 10 - 15 50% 50% 16 - 19 70% 30% 20 - 27 90% 10% 28+ 100% 0%

Click to view

History of Section. P.L. 1985, ch. 450, § 1; P.L. 2008, ch. 9, art. 4, § 2; P.L. 2011, ch. 363, § 31.

Compiler’s Notes.

P.L. 2008, ch. 9, art. 4, § 4 provides: “This article shall take effect upon passage [May 1, 2008]. Provided, however, that the terms of the collective bargaining agreements in place with the Rhode Island Airport Corporation in existence on the effective date of this act which provide a different or greater level of benefits than provided herein shall remain in full force and effect until their presently scheduled expiration dates. However, the establishment of the Rhode Island State Employees’ and Electing Teachers OPEB System Trust shall occur after July 1, 2008.”

36-12-2.3. Health insurance benefits — Administrative services fees for continued coverage requirements of group health plans.

In accordance with the Tax Reform Act of 1986 (P.L. 99-514), amending § 162(k) of the Federal Internal Revenue Code, 26 U.S.C. § 162(k), in the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 42 U.S.C. § 403, a general revenue receipt account is created to be used solely for deposit of any applicable administrative services fees.

History of Section. P.L. 1989, ch. 126, art. 42, § 1; P.L. 1995, ch. 370, art. 40, § 110.

36-12-2.4. Health insurance benefits — COBRA.

For purposes of fulfilling any employer obligations under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 42 U.S.C. § 403 et seq., a domestic partner shall be deemed a dependent of an employee as defined herein.

History of Section. P.L. 2006, ch. 189, § 2; P.L. 2006, ch. 316, § 2.

36-12-2.5. Health insurance benefits — Coverage of former spouse.

Commencing January 1, 2014, a state employee’s family health plan shall not provide coverage to a former spouse unless the former spouse was covered by said plan in accordance with § 27-20.4-1 as of December 31, 2013.

History of Section. P.L. 2013, ch. 144, art. 3, § 1.

36-12-3. Deductions from pay.

Payments for hospital care and surgical-medical services, rights, and benefits of dependents of employees may be deducted from the state payroll as provided in §§ 36-6-12 and 36-6-13 . Payments for surgical-medical services, rights, and benefits of all persons in the service of the state, other than employees, as defined in § 36-12-1(2) , whether employed, appointed, or elected, and the dependents of persons may also be deducted from the state payroll as provided in §§ 36-6-12 and 36-6-13 .

History of Section. P.L. 1960, ch. 136, § 3; P.L. 1981, ch. 276, § 1.

36-12-4. Coverage of Non-Medicare-eligible retired employees.

  1. Non-Medicare-eligible retired employees who retired on or before September 30, 2008.  Any retired employee who retired on or before September 30, 2008, shall be entitled, until attaining Medicare eligibility, to be covered under §§ 36-12-1 36-12-5 for himself and herself and, if he or she so desires, his or her non-Medicare-eligible dependents, upon agreeing to pay the total cost of his or her contract at the group rate for active state employees. Payments of any non-Medicare-eligible retired employee for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such contract. In addition, any retired employee who retired on or before September 30, 2008, shall be permitted to purchase coverage for his or her non-Medicare-eligible dependents upon agreeing to pay the additional cost of the contract at the group rate for active state employees. Payment for coverage for these dependents shall be deducted from his or her retirement allowances and remitted as required in payment for the contract.
  2. Non-Medicare-eligible state retirees who retired subsequent to July 1, 1989, and on or before September 30, 2008.  Non-Medicare-eligible state retirees who retired subsequent to July 1, 1989, and on or before September 30, 2008, from active service of the state, and who were employees of the state as determined by the retirement board under § 36-8-1 , shall be entitled to receive for himself or herself non-Medicare-eligible a retiree healthcare insurance benefit as described in § 36-12-1 in accordance with the following formula: If the retired employee is receiving a subsidy on September 30, 2008, the state will continue to pay the same subsidy share until the retiree attains age sixty-five (65). Until December 31, 2013, when the state retiree reaches that age which will qualify him or her for Medicare supplement, the formula shall be:
  3. Non-Medicare-eligible retired employees who retire on or after October 1, 2008.  Any retired employee who retires on or after October 1, 2008, shall be entitled, until attaining Medicare eligibility, to be covered under §§ 36-12-1 36-12-5 for himself and herself and, if he or she so desires, his or her non-Medicare-eligible dependents, upon agreeing to pay the total cost of the contract in the plan in which he or she enrolls. Payments of any non-Medicare-eligible retired employee for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such contract. Any retired employee who retires on or after October 1, 2008, shall be permitted to purchase coverage for his or her non-Medicare-eligible dependents upon agreeing to pay the additional cost of the contract at the group rate for the plan in which the dependent is enrolled. Payment for coverage for dependents shall be deducted from the retired employee’s retirement allowances and remitted as required in payment for the contract. The Director of Administration shall develop and present to the chairpersons of the House Finance Committee and the Senate Finance Committee by May 23, 2008 a retiree health plan option or options to be offered to retirees eligible for state-sponsored medical coverage who are under age sixty-five (65) or are not eligible for Medicare. This plan will have a reduced benefit level and will have an actuarially based premium cost not greater than the premium cost of the plan offered to the active state employee population. This new plan option will be available to employees retiring after September 30, 2008, and their dependents.
  4. Non-Medicare-eligible state retirees who retire on or after October 1, 2008.  Non-Medicare-eligible state retirees who retire on or after October 1, 2008, from active service of the state, and who were employees of the state as determined by the retirement board under § 36-8-1 , and who have a minimum of twenty (20) years of service, and who are a minimum of fifty-nine (59) years of age, shall be entitled to receive for himself or herself a non-Medicare-eligible retiree healthcare insurance benefit as described in § 36-12-1 . The state will subsidize 80% of the cost of the health insurance plan for individual coverage in which the state retiree is enrolled in. Payments for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such contract.
  5. Medicare-eligible state retirees who retire on or after October 1, 2008.  Until December 31, 2013, the state shall subsidize eighty percent (80%) of the cost of the Medicare-eligible health insurance plan for individual coverage in which the state retiree is enrolled, provided the employee retired on or after October 1, 2008; has a minimum of twenty (20) years of service; and is a minimum of fifty-nine (59) years of age. Payments for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such health insurance plan.
  6. Retired employees, including retired teachers, who are non-Medicare-eligible and who reach the age of sixty-five (65) shall be allowed to continue to purchase group healthcare insurance benefits in the same manner as those provided to retired employees who have not reached the age of sixty-five (65).

Years of Age Employee’s Service at Retirement State’s Share Share 10-15 60 50% 50% 16-22 60 70% 30% 23-27 60 80% 20% 28+ -- 90% 10% 28+ 60 100% 0% 35+ any 100% 0%

Click to view

Years of Service State’s Share Employee’s Share 10 - 15 50% 50% 16 - 19 70% 30% 20 - 27 90% 10% 28+ 100% 0%

Click to view

History of Section. P.L. 1960, ch. 136, § 4; P.L. 1989, ch. 227, § 2; P.L. 1998, ch. 259, § 1; P.L. 2008, ch. 9, art. 4, § 2; P.L. 2013, ch. 144, art. 2, § 1.

Compiler’s Notes.

P.L. 2008, ch. 9, art. 4, § 4 provides: “This article shall take effect upon passage [May 1, 2008]. Provided, however, that the terms of the collective bargaining agreements in place with the Rhode Island Airport Corporation in existence on the effective date of this act which provide a different or greater level of benefits than provided herein shall remain in full force and effect until their presently scheduled expiration dates. However, the establishment of the Rhode Island State Employees’ and Electing Teachers OPEB System Trust shall occur after July 1, 2008.

Legislative Intent.

Section 3 of P.L. 1989, ch. 227 provides that an employee who retires in accordance with chapter 126 of the 1989 Public Laws shall be entitled to the benefits set forth in §§ 36-12-4 and 36-12-4 (b), regardless of age.

NOTES TO DECISIONS

Constitutionality.

Amendments to R.I. Gen. Laws § 36-12-4 which reduced the state’s contribution to retired state employees’ health benefits did not violate the contracts clauses in R.I. Const. art. I, § 12 or U.S. Const. art. I, § 10 because the state and the state’s employees had no contract when the changes took effect, as (1) a prior collective bargaining agreement (CBA) between the state and the employees had been validly terminated pursuant to the CBA’s terms, (2) any continuing employee rights did not exist by virtue of the CBA, and (3) the CBA did not vest health benefits in employees who had not retired. Rhode Island Council 94 v. Rhode Island, 705 F. Supp. 2d 165, 2010 U.S. Dist. LEXIS 36582 (D.R.I. 2010).

When amendments to R.I. Gen. Laws § 36-12-4 reduced the state’s contribution to retired state employees’ health benefits, a union and state employees who had not retired did not show that the amendments violated the takings clauses in R.I. Const. art. I, § 16 and U.S. Const. amend. V because no valid contract bound the state to benefits affected by the amendments, as the state’s collective bargaining agreement with the state’s employees had been terminated. Rhode Island Council 94 v. Rhode Island, 705 F. Supp. 2d 165, 2010 U.S. Dist. LEXIS 36582 (D.R.I. 2010).

Contractual Obligation.

When amendments to R.I. Gen. Laws § 36-12-4 reduced the state’s contribution to retired state employees’ health benefits, a union and state employees who had not retired did not show that the statute, prior to the amendments, created a contractual obligation because the union and employees did not show the legislature unequivocally intended to grant statutory benefits as contractual rights. Rhode Island Council 94 v. Rhode Island, 705 F. Supp. 2d 165, 2010 U.S. Dist. LEXIS 36582 (D.R.I. 2010).

36-12-4.1. Coverage of Medicare-eligible retired employees.

  1. The director of the department of administration shall ensure retired employees access to Medicare-eligible retiree healthcare insurance. Under this program, the state will establish a health reimbursement account (HRA) funded by state contributions for each Medicare-eligible state retiree who elects to receive healthcare insurance through the state-sponsored program.
  2. The funds contained in the HRA may be utilized for any eligible medical care expenses as defined in § 213(d) of the Internal Revenue Code of 1986, as amended, which includes reimbursements for healthcare insurance premiums.
  3. The director of the department of administration shall procure services to maximize consumer choice and options with respect to the individual policies available to Medicare-eligible retirees.
  4. The maximum state contribution to each Medicare-eligible state retiree’s HRA account will be equal to the lowest-cost Medicare supplemental plan that is filed with the Office of the Health Insurance Commissioner of Rhode Island, that is available through the state-sponsored program, and that meets the provisions of the Medicare-eligible retiree healthcare insurance benefit defined in § 36-12-1(9) . The maximum state contribution will vary by age as specified by the rates set forth in the Medicare supplemental plan filing.
  5. For Medicare-eligible state retirees who retired before September 30, 2008, effective January 1, 2014, the state of Rhode Island will credit an amount to each retiree’s HRA account on a monthly basis. The amount of such credit shall be calculated based on the retiree’s years of service, as a percentage of the maximum state contribution set forth in (d) above, and in accordance with the following formula:
  6. For Medicare-eligible state retirees who retire on or after October 1, 2008, effective January 1, 2014, the state of Rhode Island will credit monthly an amount to each retiree’s HRA account equal to 80% of the maximum state contribution set forth in (d) above, provided the retiree has a minimum of twenty (20) years of service and is at least fifty-nine (59) years of age.
  7. Medicare-eligible teacher retirees may purchase the individual policies available to Medicare-eligible state retirees under the state-sponsored program.

Years of Service State’s Contribution Employee’s Share 10 - 15 50% 50% 16 - 19 70% 30% 20 - 27 90% 10% 28+ 100% 0%

Click to view

History of Section. P.L. 2013, ch. 144, art. 2, § 2.

36-12-5. Annual appropriations.

The general assembly shall annually appropriate a sum sufficient to carry out the purposes of §§ 36-12-1 —36-12-5. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much thereof as may be required from time to time, upon receipt by him or her of properly authenticated vouchers.

History of Section. P.L. 1960, ch. 136, § 5.

36-12-6. Authority to purchase group life, accidental death, long term health care, and other insurance benefits.

  1. The director of administration, or any employee of the department of administration designated by the director as his or her agent, is hereby authorized, empowered, and directed to contract with one or more insurance companies duly licensed by this state for the purchase of one or more contracts providing for group life, accidental death, long term health care and other insurance benefits in conformity with the provisions of §§ 36-12-6 36-12-14 , to purchase contracts of insurance and to administer all provisions of §§ 36-12-6 36-12-14 . Before entering into any insurance contract under this chapter, the director shall invite proposals from such qualified insurers as in his or her opinion would desire to accept any part of the insurance coverage authorized by §§ 36-12-6 — 36-12-14 including hospital care and surgical-medical services with the specific condition that the benefits and services provided by the carrier(s) will be substantially equivalent to those set forth in any collective bargaining agreements executed between the state of Rhode Island and authorized representatives of the unions representing state employees or the health care coverage presently being provided.
  2. The state will work diligently with leadership of organized labor in order to ensure competitiveness, cost effective health care services for all employees of the state who may be eligible for those benefits.
  3. Any new plan must accept pre-existing conditions for those individuals who will be covered by the new policy.
  4. The director may arrange with the company or companies from which the policy or policies of insurance authorized herein are purchased to reinsure portions of any contract or contracts of insurance with other insurance companies duly licensed in this state which elect to enter into contracts of reinsurance and are legally competent to do so. The director may annually redetermine the amount or amounts of coverage to be allocated to reinsuring companies in advance of any contract year after the first year.
  5. The director may designate one or more of those insurance companies as the administering company or companies.
  6. Each employee who is covered under any contract or contracts shall receive a certificate setting forth the benefits to which the employee and his or her dependents are entitled thereunder, to whom benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his or her dependents.
  7. The director may, on June 30, 1961, or at the end of any fiscal year thereafter, discontinue any insurance contract or contracts he or she has purchased from any corporation or corporations and replace it or them with a contract or contracts in any other corporation or corporations meeting the requirements of §§ 36-12-6 36-12-14 .

History of Section. P.L. 1960, ch. 119, § 1; P.L. 1988, ch. 433, § 1; P.L. 1996, ch. 326, § 6.

Compiler’s Notes.

Section 7 of P.L. 1996, ch. 326, provides: “If any provision of this act or of any rule or regulation made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this act or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this act shall not affect the validity of the remainder of the act.”

Comparative Legislation.

Group insurance:

Mass. Ann. Laws ch. 32A, § 1 et seq.

36-12-7. Eligibility for benefits.

  1. All persons in the service of the state on and after July 1, 1960, whether elected, appointed or employed, who elect to participate in an insurance contract or contracts shall be eligible to participate therein. The director, however, with the consent of the insurance company or companies, may by rule or regulation exclude those classes of temporary, part-time, or intermittent employees for whom insurance contracts shall be deemed to be impracticable.
  2. The director, with the consent of the insurance company or companies, may authorize the inclusion in insurance contracts of employees of public authorities, full-time employees of organizations representing state employees, or other appropriate agencies of the state as may be designated in the rules or regulations of the director, and may prescribe the rate of contribution required from such participating authorities, or other agencies.

History of Section. P.L. 1960, ch. 119, § 2; P.L. 1968, ch. 235, § 1.

36-12-8. Provisions of insurance contract.

  1. The director is hereby authorized and directed to establish a life insurance plan for employees of the state as herein provided, which, subject to the conditions and limitations contained in §§ 36-12-6 36-12-14 , and in the regulations promulgated pursuant to the authority vested in him or her by §§ 36-12-6 36-12-14 , will provide for each participating employee group life insurance equal to the amount of his or her annual compensation, taken to the next higher multiple of one thousand dollars ($1,000), plus an equal amount of group accidental death insurance with dismemberment coverage as provided herein.
  2. In addition to the benefits provided hereinbefore and subject to the conditions and limitations of the policy or policies purchased by the director, the policy or policies shall provide payments as follows:
  3. For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid shall not exceed the amount of life insurance provided by §§ 36-12-6 36-12-14 .
  4. The director shall by regulation provide for the conversion of other than annual rates of compensation to an annual basis and shall further specify the types of compensation to be included in annual compensation.
  5. The amount of insurance shall be reduced by one percent (1%) thereof at the end of each calendar month following the date the employee attains the age of sixty-five (65), until the amount of the insurance reaches forty percent (40%) of the annual salary at age seventy (70). The amount of insurance shall remain at forty percent (40%) of the annual salary thereafter until the active employee reaches age seventy-four (74), at which point it shall be reduced to thirty percent (30%) of the annual salary until age eighty (80), at which point it shall be reduced to twenty-five percent (25%) of the annual salary and it shall remain at twenty-five percent (25%) thereafter.

Loss Amount Payable For accidental loss of life. An amount equal to the full amount of life insurance provided by this section. For accidental loss of one hand or one foot or loss of sight of one eye. An amount equal to one-half the amount of life insurance provided by this section. For accidental loss of two or more such members. An amount equal to the full amount of life insurance provided by this section.

Click to view

History of Section. P.L. 1960, ch. 119, § 3; P.L. 1987, ch. 574, § 1.

36-12-9. Beneficiaries — Payment of benefits.

  1. The policy or policies issued hereunder shall include a provision prescribing the conditions under which an insured employee may designate and change the beneficiary or beneficiaries to receive insurance payable upon the death of the employee.
  2. If, at the death of any employee insured hereunder, there shall be more than one designated beneficiary, then, unless the employee shall have specified the respective interests of the beneficiaries, the interests of the beneficiaries shall be several and equal. If any designated beneficiary shall predecease the employee, the rights and interest of the beneficiary shall thereupon automatically terminate. If, at the death of the employee, there be no designated beneficiary as to all or any part of the insurance, then the amount of the insurance payable for which there is no designated beneficiary shall be payable to the estate of the employee; provided, however, that the insurance company may, in that case, at its option, and subject to rules approved by the director, pay the amount to any one of the following surviving relatives: wife, husband, mother, father, child, or children. Payment to any one or more of the surviving relatives shall completely discharge the insurance company’s liability with respect to the amount of insurance so paid.

History of Section. P.L. 1960, ch. 119, § 4.

36-12-10. Participation by employees.

Any policy of insurance purchased by the director as authorized in §§ 36-12-6 36-12-14 shall provide that all employees eligible under the terms of §§ 36-12-6 36-12-14 will be automatically insured thereunder commencing on the date they first become so eligible; provided, that any employee desiring not to be so insured shall, on an appropriate form to be prescribed by the director, give written notice to the director that he or she desires not to be insured. If the notice is received before the employee shall have become insured under the policy he or she shall not be so insured; if it is received after he or she shall have become insured his or her insurance under the policy shall cease, effective with the end of the pay period during which the notice is received by the director.

History of Section. P.L. 1960, ch. 119, § 5.

36-12-11. Deductions from salary — Payments by employers.

  1. During any period in which an employee under age sixty-five (65) is insured under a policy of insurance purchased by the director as authorized in §§ 36-12-6 36-12-14 , there shall be withheld by the employer from each salary payment of the employee, as his or her share of the cost of his or her group life and accidental death and dismemberment insurance, an amount specified in the contract or policy which shall not exceed the rate of twenty-five cents (25¢) biweekly for each one thousand dollars ($1,000) of his or her group life insurance; provided, that an employee who is paid on other than a biweekly basis shall have an amount so withheld, determined at a proportionate rate, which rate shall be adjusted to the nearest cent.
  2. The cost of providing the insurance benefits provided for in §§ 36-12-6 36-12-14 , together with the cost of administration of the provisions of §§ 36-12-6 36-12-14 in excess of the amounts paid by employees therefor, shall be paid by the participating employers in those proportions and at those times as the director may determine.
  3. The payments shall be made by the participating employers out of appropriations made therefor, and the general assembly shall annually appropriate those sums to the fund herein created which may be required during the fiscal year.
  4. The sums withheld from employees and the funds appropriated by participating employers as provided herein shall be deposited with the general treasurer of the state to the credit of a fund which is hereby created as the group life insurance fund.
  5. During any period in which an employee is insured under a policy of long term health care insurance purchased by the director as authorized in § 36-12-6 , there shall be withheld by the employer from each salary payment of the employee as his or her cost of long term care insurance an amount specified in the contract or policy; provided, that an employee who is paid on other than a biweekly basis shall have an amount so withheld, determined at a proportionate rate, which rate shall be adjusted to the nearest cent.

History of Section. P.L. 1960, ch. 119, § 6; P.L. 1988, ch. 433, § 1.

36-12-12. Termination of insurance.

Each contract of insurance purchased under §§ 36-12-6 36-12-14 shall contain a provision, in terms approved by the director, to the effect that any insurance thereunder on any employee shall cease upon the termination of his or her employment subject to a provision which shall be contained in the contract of insurance for temporary extension of coverage under conditions approved by the director and for conversion to an individual policy of life insurance for the employee, except that the director may by appropriate general regulation provide that an employee who retires, under the provisions of any retirement system of the state of Rhode Island, with the exception of that provided in § 42-28-22 , shall have his or her life insurance only, in effect at the time of retirement, continue in the amounts for which he or she would have been insured from time to time had his or her salary payments continued at the same rate as on the date of cessation of employment.

History of Section. P.L. 1960, ch. 119, § 7; P.L. 1969, ch. 159, § 1; P.L. 1987, ch. 574, § 1.

36-12-13. Regulations and effective date of insurance.

Subject to the provisions of §§ 36-12-6 36-12-14 , the director is hereby authorized to promulgate such rules and regulations as may be necessary and proper to give effect to the intent and purposes of §§ 36-12-6 36-12-14 , and without limiting the generality of the foregoing, to establish an effective date or dates for the insurance coverage provided hereunder.

History of Section. P.L. 1960, ch. 119, § 8.

36-12-14. Severability.

The provisions of §§ 36-12-6 36-12-14 are hereby declared to be severable, and in case any part, section, or provision of §§ 36-12-6 36-12-14 is held void by any court of competent jurisdiction, the remaining parts, sections, and provisions of §§ 36-12-6 — 36-12-14 shall not, thereby, be impaired or otherwise affected.

History of Section. P.L. 1960, ch. 119, § 9.

36-12-15. Repealed.

History of Section. P.L. 2006, ch. 157, § 1; P.L. 2006, ch. 631, § 1; Repealed by P.L. 2006, ch. 157, § 3, effective June 21, 2006; . P.L. 2006, ch. 631, § 3, effective July 14, 2006.

Compiler’s Notes.

Former § 36-12-15 concerned domestic partner income loan program.

Chapter 12.1 Retiree Health Care Trust Fund

36-12.1-1. Name of act.

This act shall be known as the “Health Insurance and Benefits Funding Act”.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

Compiler’s Notes.

P.L. 2008, ch. 9, art. 4, § 4 provides: “This article shall take effect upon passage [May 1, 2008]. Provided, however, that the terms of the collective bargaining agreements in place with the Rhode Island Airport Corporation in existence on the effective date of this act which provide a different or greater level of benefits than provided herein shall remain in full force and effect until their presently scheduled expiration dates. However, the establishment of the Rhode Island State Employees’ and Electing Teachers OPEB System Trust shall occur after July 1, 2008.”

36-12.1-2. Statement of purpose.

The purpose of the Health Insurance and Benefits Funding Act is to address the necessity of funding the State’s unfunded liability for retiree health care benefits required by recent accounting changes and prudent resource management.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-3. Background.

The general assembly finds that the State faces a significant unfunded liability associated with its retiree health care benefits programs. To date, the State has been funding retiree health care benefits on a pay-as-you-go basis. Recently established governmental accounting standards applicable to the State require that the State account for such unfunded costs on an accrued actuarial basis. An actuarial study conducted by the State shows that the State faces an unfunded future liability for retiree health care benefits in excess of six hundred million dollars ($600,000,000). The creation and eventual funding of a dedicated trust fund for the purpose of financing this liability on accrued actuarial basis is fiscally prudent and will produce significant benefits to the State.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-4. Definitions.

The following words and phrases as used in the act, unless a different meaning is plainly required by the context, shall have the following meanings:

  1. “Actuary” means the actuary retained by the OPEB Board pursuant to § 36-12.1-15 hereof.
  2. “Alternate retirement plans” shall mean those retirement plans provided by the Board of Governors for Higher Education for its non-classified employees, and those of the Office of Higher Education, the University of Rhode Island, Rhode Island College, and the Community College of Rhode Island, pursuant to § 16-17.1-1 et seq.
  3. “Code” means the Internal Revenue Code of 1986, as amended.
  4. “Employee” means all persons who are classified employees as the term “classified employee” is defined under § 36-3-3 , and all persons in the unclassified and non-classified service of the state. This includes those non-classified employees of the Board of Governors for Higher Education, the Office of Higher Education, the University of Rhode Island, Rhode Island College, and the Community College of Rhode Island pursuant to § 16-59-1 et seq., who are participants in the Board of Governors’ alternate retirement plans.
  5. “Employer” means the state of Rhode Island.
  6. “GAAP” shall mean generally accepted accounting principles.
  7. “GASB” shall mean governmental accounting standards board.
  8. “GASB 43” shall mean the rules promulgated by GASB governing the manner in which financial statements issued by trusts providing OPEB benefits must be prepared in accordance with GAAP, as they may be amended from time to time.
  9. “GASB 45” shall mean the rules promulgated by GASB governing the manner in which financial statements issued by employers providing OPEB Benefits must be prepared in accordance with GAAP, as they may be amended from time to time.
  10. “OPEB” or “OPEB Benefits” shall mean other post employment benefits, and shall include, without limitation, retiree medical, dental, prescription, vision care, life insurance, long term care benefits and similar post-employment benefits for a Retired Employee and/or his or her Dependants.
  11. “OPEB Board” shall mean the board established in § 36-12.1-7 to administer the OPEB System.
  12. “OPEB System” shall mean the Rhode Island Employee’s OPEB System as defined in § 36-12.1-5 .
  13. “OPEB Trust” shall mean the trust fund or funds, including any sub-funds or sub-trusts created by the OPEB Board pursuant to § 36-12 to hold assets of the OPEB System.
  14. “Party in Interest” shall mean each member of the OPEB Board, each employee of the OPEB Board, any individual or organization that renders advice to the OPEB Board or the OPEB System; any affiliate of such organization, and any member of the immediate family of any such individual.
  15. “Retired Employee”, means any person retired from the active service of the state, as determined by the retirement board under § 36-8-1 , and also all retired teachers who have elected to come under the OPEB System, or any person who was a non-classified employee of the Board of Governors for Higher Education, the Office of Higher Education, the University of Rhode Island, Rhode Island College, or the Community College of Rhode Island pursuant to § 16-59-1 et seq, and who is a participant in the Board of Governors’ alternate retirement plans.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2011, ch. 363, § 32.

36-12.1-5. Establishment of OPEB system.

An OPEB System is hereby established and placed under the management of the OPEB Board for the purpose of providing and administering OPEB Benefits for Retired Employees of the State of Rhode Island and their dependants under the provisions of chapter 36-12, entitled “Insurance Benefits”, of this title, and for retired non-classified employees who are participants in the Board of Governors for Higher Education’s alternate retirement plans. The OPEB System so created shall begin operation as of July 1, 2010. It shall have the power and privileges of a corporation and shall be known as the “Rhode Island State Employees’ and Electing Teachers OPEB System” and by that name all of its business shall be transacted.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1.

36-12.1-6. Responsibility for administration — rules and regulations.

The general administration and the responsibility for the proper operation of the OPEB System and for making effective the provisions of chapter 36-12 of this title are hereby vested in an OPEB Board. The OPEB Board shall, from time to time, establish rules and regulations for the administration and transaction of the business of the OPEB System. Rules and regulations which have been or may be established pursuant to the provisions of this chapter shall be compiled, codified, and published so that they shall be generally available to the members of the system. The OPEB Board shall also perform such other functions as are required for the execution of chapters 12, 12.1 and 12.2 of this title. In its discretion, the OPEB Board may issue regulations governing the application of this chapter.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-7. Composition of the OPEB board.

The OPEB Board shall consist of the State Controller, the State Budget Officer, the State Personnel Administrator and the General Treasurer, or their designees.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2011, ch. 363, § 32.

36-12.1-8. Meetings of the OPEB board.

Meetings shall be held at such place as may be designated in the call of the meeting, provided at no cost to the state, at the call of the chairperson.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-9. Duties of the OPEB board.

The OPEB Board shall be responsible for the administration and operation of the OPEB System, determination of the amount of annual contributions, and oversight of OPEB Benefit payments to Retired Employees and their dependents. The OPEB Board shall have the power to collect contributions from the State of Rhode Island, quasi-public agencies or any municipality thereof, to direct benefit payments, the right to research, question, investigate and make recommendation of findings to the department of administration.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2011, ch. 151, art. 21, § 1.

36-12.1-10. Votes of board — Record of proceedings.

Each member of the board shall be entitled to one vote in the board and a majority of all the votes of the entire board shall be necessary for a decision of the board. The board shall keep a record of all the proceedings which shall be open to public inspection.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-11. Reimbursement of board members.

Members of the board shall serve without compensation but shall be reimbursed for any necessary expenditures and no employee shall suffer any loss of salary or wages through serving upon the board.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-12. Annual report and statement.

The OPEB Board shall submit to the governor for transmittal to the general assembly, on or before the first day of October in each year beginning in 2011, an annual report showing the financial transactions of the system for the fiscal year of the state next preceding said date. The report shall contain, among other things, a statement of plan net assets, a statement of changes in plan net assets, a valuation balance sheet as prepared by the actuary on a schedule in accordance with generally accepted accounting principles, and other statistical data as are deemed necessary for a proper interpretation of the condition of the system and the results of its operations. The report shall also embody such other data as may be of use in the advancement of knowledge concerning state employee OPEB and any recommendations of the board for changes in the laws pertaining to the system. The OPEB Board shall cause to be published for distribution among the members of the system a financial statement summarizing the results of operations for the fiscal year. All financial statements issued by the OPEB Board shall conform to the requirements of GAAP.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1; P.L. 2011, ch. 151, art. 21, § 1.

36-12.1-13. Executive officers and secretary.

  1. The Board shall elect a Chairperson and Secretary. Moreover, the State Controller shall serve as the Treasurer.
  2. Any negotiated agreement entered into after July 1, 2010, between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules, regulations, and policies as adopted and promulgated by the OPEB Board shall be null and void.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1; P.L. 2011, ch. 151, art. 21, § 1.

36-12.1-14. Accounts and statistical records — Clerical and professional assistance — Disbursements.

The State Controller, under the direction and supervision of the OPEB Board, shall be charged with the establishment and maintenance of such accounts and statistical records as the OPEB Board may require and he or she shall employ such clerical assistance as shall be necessary to carry out properly the provisions of chapters 12, 12.1 and 12.2 of this title. The OPEB Board shall secure the services of an actuary who shall be the actuarial advisor of the board and who shall make the actuarial computations and valuations required by chapters 12, 12.1 and 12.2. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums as may from time to time be necessary, upon receipt by him or her of vouchers for payment of liabilities.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-15. Payment of administrative expenses of the OPEB board and maintaining the OPEB system — Restricted receipts account.

  1. There is hereby created within the general fund a restricted receipt account entitled the “OPEB system restricted receipt account”, the proceeds of which shall be used solely to pay the expenses of the OPEB Board, the cost of maintaining the OPEB System, and the costs of administering the OPEB System.
  2. For fiscal years 2011 through 2014, the State Controller is authorized to disburse from the fund established under subsection (a) above the actual cost of administration of the fund. In fiscal years, 2015 and thereafter, there shall be transferred to this restricted receipt account twenty five (25) basis points or two hundred thousand dollars ($200,000), whichever is greater, where one hundred (100.0) basis points equals one percent (1.0%), of the average total investments before lending activities as reported in the annual report of the auditor general for the next preceding five fiscal years. Any non-encumbered funds on June 30 of any fiscal year shall be credited to the OPEB System.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1; P.L. 2011, ch. 151, art. 21, § 1.

36-12.1-16. Collection of actuarial and experience data.

The General Treasurer and the state Retirement System, shall collect and keep in convenient form such data as shall be necessary for the preparation of the mortality and service tables and for the compilation of such other information as shall be required for the actuarial valuation of the assets and liabilities of the OPEB System and to comply with the requirements of GASB 43 and 45.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-17. Actuarial investigations authorized by board.

Immediately after his or her selection, the actuary shall make such investigation of the mortality, service, and compensation experience of the members as the OPEB Board shall authorize for the purpose of determining the proper tables to be prepared and submitted to the OPEB Board for adoption.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-18. Periodic actuarial investigations and valuations.

  1. Every two years beginning with fiscal year 2012 on a schedule in accordance with generally accepted accounting principles, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the OPEB System, and shall make a valuation of the assets and liabilities of the system, and, taking into account the result of the investigation and valuation, the OPEB Board shall:
    1. Adopt for the OPEB System, such mortality, service, and other tables as shall be deemed necessary in the OPEB System; and
    2. Certify the levels of contribution payable by the state of Rhode Island to carry out the provisions of chapters 12, 12.1, and 12.2 of this title.
    3. Certify the levels of contribution payable by the Board of Governors for Higher Education to carry out the provisions of chapter 17.1 of title 16.
  2. On the basis of such tables as the OPEB Board shall adopt, the actuary shall make a valuation of the liabilities of the funds of the system created by this chapter and the investment advisor or investment manager appointed by the OPEB Board shall make a valuation of the assets of the OPEB System.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1; P.L. 2011, ch. 151, art. 21, § 1; P.L. 2011, ch. 363, § 32.

Compiler’s Notes.

This section was amended by two Acts (P.L. 2011, ch. 151, art. 21, § 1; P.L. 2011, ch. 363, § 32) passed by the 2011 General Assembly. Since the two acts are not in conflict, the section is set out as amended by both acts

36-12.1-19. State contributions.

  1. The State of Rhode Island shall make its contribution for the maintenance of the system, including the proper and timely payment of benefits, by annually appropriating an amount equal to a percentage of the total compensation paid to the active membership and teacher payroll base. The percentage shall be computed by the actuary employed by the OPEB Board and shall be certified by the OPEB Board to the director of administration on or before the fifteenth day of October in each year, beginning in 2011. In arriving at the yearly employer contribution the actuary shall determine the value of:
    1. The contributions made by the members;
    2. Income on investments; and
    3. Other income of the system.
  2. The Actuary shall thereupon compute the yearly employer contribution that will:
    1. Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;
    2. Amortize the unfunded liability of the system as of June 30, 2006 utilizing a time period not to exceed thirty (30) years.
  3. The State of Rhode Island shall remit to the general treasurer the employer’s share of the contribution for state employees, state police, legislators, and judges on a payroll frequency basis, and for teachers in a manner consistent with sound accounting and actuarial practice.
  4. The Board of Governors for Higher Education shall remit to the general treasurer that employer’s share of the contribution for its non-classified employees, and those of the University of Rhode Island, Rhode Island College, and the Community College of Rhode Island, pursuant to § 16-17.1-1 et seq., and in a manner consistent with sound accounting and actuarial practice.

History of Section. P.L. 2008, ch. 9, art. 4, § 3; P.L. 2009, ch. 5, art. 4, § 1.

36-12.1-20. Establishment of OPEB trust funds.

The OPEB Board shall establish one or more trust funds and/or sub trusts to hold the assets of the OPEB System, to be known as the Rhode Island OPEB System Trust. Title and legal ownership of all assets of the OPEB System shall be in the name of the Rhode Island OPEB System Trust. The OPEB Board, or its delegate is authorized to execute one or more trust instruments to effectuate the purposes of this section. However, such trust instruments shall require that: a) all funds held by such trusts shall be used solely to pay benefits pursuant to the OPEB System, and reasonable and legitimate administrative expenses associated therewith; b) no asset of the OPEB System or contribution made by the State of Rhode Island, may be recovered or returned to the State, until the OPEB Board has certified all liabilities of the System have been satisfied; and c) at no time shall the assets of the Rhode Island OPEB System Trust shall be subject to the claims of the creditors of the State of Rhode Island or the creditors of any beneficiary of the OPEB System.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-21. Custody and investment of funds.

  1. All money immediately required for the payment of OPEB Benefits shall be invested only in accordance with the written objectives and guidelines established by the state investment commission pursuant to the provisions of chapter 10 of title 35 and other applicable law.
  2. All money not immediately required for the payment of OPEB Benefits shall be invested in accordance with the provisions of chapter 10 of title 35 and other applicable law and shall be held in a custodial or trust account in accordance with § 36-12.1-5 . The trust and custodial account established under this section shall be maintained pursuant to written documents which expressly provide that it shall be impossible at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the payment of OPEB Benefits to employees and their beneficiaries (except as otherwise permitted by § 36-12.1).

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-22. Disposition of investment earnings.

The OPEB Board shall credit all earned investment income from interest and dividends on investments and bank deposits during any fiscal year to the Rhode Island OPEB System Trust.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-23. Improper interest in investments of board.

Except as herein provided, no member of the OPEB Board and no employee of the OPEB Board shall have any interest, direct or indirect, in the gains or profits of any investment made by the OPEB Board, nor as such directly or indirectly receive any pay or emolument for his or her services. No member of the OPEB Board or employee of the OPEB Board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the gains or profits, except to make such current and necessary payments as are authorized by the OPEB Board; nor shall any member or employee of the OPEB Board become an endorser or surety or become in any manner an obligor for money loaned or borrowed from the OPEB Board. No member of the OPEB Board shall permit the OPEB System to engage in a transaction that constitutes a sale or exchange, or leasing, of any property between the OPEB System and a party in interest; a lending of money or other extension of credit between the OPEB System and a party in interest; furnishing of goods, services, or facilities between the OPEB System and a party in interest; transfer to, or use by or for the benefit of, a party in interest, of any assets of the OPEB System.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-24. Payment of OPEB benefits.

All OPEB Benefits shall be paid from the Rhode Island OPEB System Trust, subject to the oversight and approval of the OPEB Board.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-25. Annual audits.

The auditor general shall conduct upon the request of the OPEB Board a separate annual performance audit of the OPEB System which shall include a report on the actuarial valuation of the assets and liabilities of the OPEB System. The auditor general may examine all records, files, and other documents, and evaluate all policies and procedures for purposes of conducting the audit. The aforementioned performance audit shall be in addition to the annual audit conducted by the auditor general of the financial statements of the OPEB System. A copy of the report shall be given to the governor and the OPEB Board.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-26. Internal revenue code qualification.

  1. Intent.  It is intended that the OPEB System and the Rhode Island OPEB System Trust satisfy the requirements of § 115 or § 501(c)(9) of the Internal Revenue Code of 1986 as amended from time to time, 26 U.S.C. §§ 115, 501(c)(9) -, (hereinafter referred to as the “Code”), in form and operation, to the extent that those requirements apply to a governmental use trust under § 115 or a voluntary employee benefit association under § 501(c)(9) of the Code. To this end, the following provisions shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the OPEB System, and shall supersede any conflicting provisions of chapters 12, 12.1 and 12.2 of this title, [of chapter 16 of title 16, or of chapter 21 of title 45].
  2. Exclusive benefit.  All funds of the OPEB System shall be held in one or more trusts as provided in § 36-12.1-21 or if permitted, in accordance with § 401(f) of the code [26 U.S.C. § 401(f)], in one or more custodial accounts treated as trusts or a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries, for any part of the corpus or income to be used for, or diverted to, purposes other than the payment of OPEB allowances and other post employment benefits to Retired Employees and their beneficiaries.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

Federal Act References.

The bracketed reference to the United States Code in subsection (b) was inserted by the compiler.

36-12.1-27. Severability.

  1. If any provision of this chapter 36-12.1 of this title, any rule, or regulation made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction the remainder of this chapter, rules, or regulations and the application of those provisions to other persons or circumstances shall not be affected thereby.
  2. The invalidity of any section or sections or parts of any section or sections of those chapters shall not affect the validity of the remainder of this chapter.

History of Section. P.L. 2008, ch. 9, art. 4, § 3.

36-12.1-28. Implementation.

Notwithstanding any law to the contrary, the provisions of Chapter 36-12.1 entitled “Retiree Health Care Trust Fund” shall be implemented by July 1, 2010.

History of Section. P.L. 2009, ch. 5, art. 4, § 2.

Chapter 12.2 Medicare Enrollment

36-12.2-1. Medicare enrollment.

As a condition of receiving or continuing to receive access to post-employment benefits offered by the state, anyone entitled to this benefit shall enroll in Medicare as soon as he or she is eligible, notwithstanding the provisions of any other general law or public law to the contrary.

History of Section. P.L. 2011, ch. 151, art. 21, § 2.

Chapter 13 Deferred Compensation Plans

36-13-1. Deferred compensation plans authorized.

  1. The state or any city, town, or other political subdivision may, by contract, agree with any employee to defer, in whole or in part, any portion of that employee’s compensation, and may subsequently contract with financial institutions for the purchase of government securities or with other financial entities for the purchase of mutual funds, and procure a fixed or variable life insurance or annuity contract for the purpose of providing funds to meet its obligations under a deferred compensation program for the employees from any financial institutions or from any life underwriters duly licensed by this state who represents an insurance company licensed to contract business in this state.
  2. In the administration of a deferred compensation plan for state employees authorized under this chapter, after October 1, 1998, the state shall engage three companies (“Authorized Companies”) to administer such deferred compensation plans. After October 1, 1998, only such Authorized Companies shall be entitled to enroll state employees in such deferred compensation plans in accordance with the following guidelines:
    1. Employees must have the option of purchasing or investing in alternative financial products referred to herein which have been approved by the State Investment Commission;
    2. The alternative financial products shall include, without limitation, a variable product and a fixed product;
    3. The Authorized Companies (or an entity related thereto) must:
      1. Be selected in accordance with the provisions of this chapter,
      2. Covenant that all employees covered under any plan authorized under this chapter shall, at all times, be granted the unfettered right to cancel, change, liquidate, amend or interchange any investment contract or product purchased in any such plan without such employees incurring a financial penalty or fee of any kind or nature imposed by contract, and
      3. Be granted equal access to all eligible employees;
    4. Procedures shall be established to ensure that personalized information regarding employees shall not be provided to third parties by the Authorized Companies. “Personalized Information” shall include, without limitation, social security numbers, home addresses, telephone numbers, amounts invested, medical or disability information; and
    5. The Authorized Companies shall be permitted to offer any financial product referred to herein which shall have been approved by the State Investment Commission. Notwithstanding any other provisions of this section (b), if the department of administration determines that less than three companies are qualified to be engaged as Authorized Companies because of (a) insufficient experience in the administration of deferred compensation plans or (b) a failure to assure adherence to the guidelines set forth herein, the state may engage less than three Authorized Companies.
    6. If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

History of Section. P.L. 1975, ch. 34, § 1; P.L. 1982, ch. 447, § 1; P.L. 1995, ch. 182, § 1; P.L. 1995, ch. 225, § 1; P.L. 1998, ch. 459, § 1; P.L. 1999, ch. 151, § 1; P.L. 2011, ch. 363, § 33.

Compiler’s Notes.

Section 3 of P.L. 1995, ch. 225, provides that if the provisions of that act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.

36-13-1.1. State investment commission.

The state investment commission shall, from time to time, select the financial institutions and/or entities in which the state shall invest the funds under the deferred compensation plan for state employees.

History of Section. P.L. 1995, ch. 182, § 2; P.L. 1995, ch. 225, § 2.

Compiler’s Notes.

Section 3 of P.L. 1995, ch. 225, provides that if the provisions of that act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.

36-13-2. Entering into agreements.

The chief administrative officer of any city or town or director of administration of the state of Rhode Island is hereby authorized to enter into contractual agreements with employees of that particular state agency, department, board, commission, or institution on behalf of the state to defer any portion of that employee’s compensation.

History of Section. P.L. 1975, ch. 34, § 1.

36-13-3. Administration of program.

The administration of the deferred compensation program within each state agency, department, board, commission, or institution shall be under the direction of the director or principal officer of that particular agency, department, board, commission, or institution. Each city, town, or other political subdivision shall designate an officer to administer the deferred compensation program. Reductions in payroll shall be made, in each instance, by the appropriate payroll officer. The administrator of the deferred compensation program may contract with a private corporation or institution for providing consolidated billing and other administrative services.

History of Section. P.L. 1975, ch. 34, § 1.

36-13-4. “Employee” defined.

For the purposes of this chapter, “employee” means any person, whether appointed, elected or under contract, providing services for the state, county, city, town, or other political subdivision, for which compensation is paid.

History of Section. P.L. 1975, ch. 34, § 1.

36-13-5. Annuity and insurance contracts.

Notwithstanding any other provision of law to the contrary, those persons designated to administer the deferred compensation program are hereby authorized to make payments for the purchase of government securities, mutual funds, fixed or variable life insurance, or annuity contracts under the deferred compensation program. The payments shall not be construed to be a prohibited use of the general assets of the state, county, city, or other political subdivision.

History of Section. P.L. 1975, ch. 34, § 1; P.L. 1982, ch. 447, § 1; P.L. 1995, ch. 182, § 1; P.L. 1995, ch. 225, § 1.

Compiler’s Notes.

Section 3 of P.L. 1995, ch. 225, provides that if the provisions of that act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.

36-13-6. Other benefits unaffected.

The deferred compensation program established by this chapter shall exist and serve in addition to retirement, pension, or benefit systems established by the state, county, city, town, or other political subdivision, and no deferral of income under the deferred compensation program shall affect a reduction of any retirement, pension, or other benefit provided by law. However, any sum deferred under the deferred compensation program shall not be subject to taxation until distribution is actually made to the employee.

History of Section. P.L. 1975, ch. 34, § 1.

36-13-7. Financial liability limitations.

The financial liability of the state, city, town, or other political subdivision under a deferred compensation program shall be limited in each instance to the value of the particular fixed or variable life insurance or annuity contract or contracts purchased on behalf of any employee.

History of Section. P.L. 1975, ch. 34, § 1.

36-13-8. Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 1995, ch. 182, § 2.

Chapter 14 Code of Ethics

36-14-1. Declaration of policy.

It is the policy of the state of Rhode Island that public officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable, responsive, avoid the appearance of impropriety, and not use their position for private gain or advantage.

History of Section. P.L. 1987, ch. 195, § 3.

Repealed Sections.

The former chapter (P.L. 1976, ch. 93, § 1; P.L. 1976, ch. 275, § 1; P.L. 1979, ch. 227, §§ 1, 2; P.L. 1986, ch. 496, § 1), consisting of §§ 36-14-1 36-14-1 9 and concerning conflicts of interest, was repealed by P.L. 1987, ch. 195, § 1, effective June 25, 1987. Section 3 of P.L. 1987, ch. 195 enacted the present chapter, effective June 25, 1987.

36-14-2. Definitions.

As used in this chapter:

  1. “Any person within his or her family” means a spouse and any dependent children of any public official or public employee as well as a person who is related to any public official or public employee, whether by blood, adoption or marriage, as any of the following: father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrother or halfsister;
  2. “Business” means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law through which business for profit or not for profit is conducted;
  3. “Business associate” means a person joined together with another person to achieve a common financial objective;
  4. “Employees of state and local government, of boards, commissions and agencies” means any full time or part time employees in the classified, nonclassified and unclassified service of the state or of any city or town within the state, any individuals serving in any appointed state or municipal position, and any employees of any public or quasi-public state or municipal board, commission, or corporation;
  5. “Governmental function” means any action that is public in nature and is performed for the common good of all the people;
  6. “Open and public process” means the open solicitation for bids or proposals from the general public by public announcement or public advertising followed by a public disclosure of all bids or proposals considered and contracts awarded;
  7. “Person” means an individual or a business entity;
    1. “State agency” means any department, division, agency, commission, board, office, bureau, authority, or quasi-public authority within Rhode Island, either branch of the Rhode Island general assembly, or an agency or committee thereof, the judiciary, or any other agency that is in any branch of Rhode Island state government and which exercises governmental functions other than in an advisory nature;
    2. “Municipal agency” means any department, division, agency, commission, board, office, bureau, authority, quasi-public authority, or school, fire or water district within Rhode Island other than a state agency and any other agency that is in any branch of municipal government and exercises governmental functions other than in an advisory nature;
  8. “State or municipal appointed official” means any officer or member of a state or municipal agency as defined herein who is appointed for a term of office specified by the constitution or a statute of this state or a charter or ordinance of any city or town or who is appointed by or through the governing body or highest official of state or municipal government;
  9. “State or municipal elected official” means any person holding any elective public office pursuant to a general or special election;
  10. A person’s natural child, adopted child, or stepchild is his or her “dependent child” during a calendar year if the person provides over fifty percent (50%) of the child’s support during the year;
  11. A person “represents” him or herself before a state or municipal agency if he or she participates in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in his or her own favor;
  12. A person “represents” another person before a state or municipal agency if he or she is authorized by that other person to act, and does in fact act, as that other person’s attorney at law or his or her attorney in fact in the presentation of evidence or arguments before that agency for the purpose of influencing the judgment of the agency in favor of that other person.
  13. “Major decision-making position” means the executive or administrative head or heads of a state agency, whether elected or appointed or serving as an employee and all members of the judiciary, both state and municipal. For state agencies, a “major decision-making position” shall include the positions of deputy director, executive director, assistant director and chief of staff.

History of Section. P.L. 1987, ch. 195, § 3; P.L. 1992, ch. 132, § 1; P.L. 1992, ch. 396, § 1; P.L. 2004, ch. 389, § 1.

NOTES TO DECISIONS

Partnership.

The record yielded adequate evidence to support the conclusion that a former state governor and a local attorney were, in fact, business associates, based upon their mutual acquisition of ownership interest in a partnership. DiPrete v. Morsilli, 635 A.2d 1155, 1994 R.I. LEXIS 7 (R.I. 1994).

State Agency.

A member of the Rhode Island Mobile and Manufactured Home Commission is barred from representing themselves or others before that commission. Treaster v. Rhode Island Mobile & Manufactured Home Comm'n, 644 A.2d 314, 1994 R.I. LEXIS 215 (R.I. 1994).

36-14-3. Code of ethics.

Sections 36-14-4 36-14-7 shall constitute the Rhode Island code of ethics in government.

History of Section. P.L. 1987, ch. 195, § 3.

36-14-4. Persons subject to the code of ethics.

The following persons shall be subject to the provisions of the Rhode Island code of ethics in government:

  1. State and municipal elected officials;
  2. State and municipal appointed officials; and
  3. Employees of state and local government, boards, commissions, and agencies.

History of Section. P.L. 1987, ch. 195, § 3.

NOTES TO DECISIONS

Agency Member.

When a member of a state agency becomes aware that business in which such member has a financial interest will come before the agency, the appropriate response of such member is to recuse himself or herself from participation in such business or voting thereon. Mehrtens v. Davis, 574 A.2d 1236, 1990 R.I. LEXIS 109 (R.I. 1990).

Law Enforcement Officers.

The issue of whether a particular application of §§ 28-9.2-3 and 28-9.2-5 violates a constitutional imperative or a provision of the Ethics Code, this chapter, must be evaluated with the same factors used in analyzing violations of the directive of R.I. Const., art. III, § 7 that public officials and employees avoid the appearance of impropriety. Town of Lincoln v. Lincoln Lodge No. 22, 660 A.2d 710, 1995 R.I. LEXIS 178 (R.I. 1995).

36-14-5. Prohibited activities.

  1. No person subject to this code of ethics shall have any interest, financial or otherwise, direct or indirect, or engage in any business, employment, transaction, or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, as defined in § 36-14-7 .
  2. No person subject to this code of ethics shall accept other employment which will either impair his or her independence of judgment as to his or her official duties or employment or require him or her, or induce him or her, to disclose confidential information acquired by him or her in the course of and by reason of his or her official duties.
  3. No person subject to this code of ethics shall willfully and knowingly disclose, for pecuniary gain, to any other person, confidential information acquired by him or her in the course of and by reason of his or her official duties or employment or use any information for the purpose of pecuniary gain.
  4. No person subject to this code of ethics shall use in any way his or her public office or confidential information received through his or her holding any public office to obtain financial gain, other than that provided by law, for him or herself or any person within his or her family, any business associate, or any business by which the person is employed or which the person represents.
  5. No person subject to this code of ethics shall:
    1. Represent him or herself before any state or municipal agency of which he or she is a member or by which he or she is employed. In cases of hardship, the ethics commission may permit such representation upon application by the official provided that he or she shall first:
      1. Advise the state or municipal agency in writing of the existence and the nature of his or her interest in the matter at issue;
      2. Recuse him or herself from voting on or otherwise participating in the agency’s consideration and disposition of the matter at issue; and
      3. Follow any other recommendations the ethics commission may make to avoid any appearance of impropriety in the matter.
    2. Represent any other person before any state or municipal agency of which he or she is a member or by which he or she is employed.
    3. Act as an expert witness before any state or municipal agency of which he or she is a member or by which he or she is employed with respect to any matter the agency’s disposition of which will or can reasonably be expected to directly result in an economic benefit or detriment to him or herself, or any person within his or her family, or any business associate of the person, or any business by which that person is employed or which the person represents.
    4. Shall engage in any of the activities prohibited by subsection (e)(1), (e)(2), or (e)(3) of this section for a period of one year after he or she has officially severed his or her position with said state or municipal agency; provided, however, that this prohibition shall not pertain to a matter of public record in a court of law.
  6. No business associate of any person subject to this code of ethics shall represent him or herself or any other person, or act as an expert witness before the state or municipal agency of which the person is a member or by which the person is employed unless:
    1. He or she shall first advise the state or municipal agency of the nature of his or her business relationship with the person subject to this code of ethics; and
    2. The person subject to this code of ethics shall recuse him or herself from voting on or otherwise participating in the agency’s consideration and disposition of the matter at issue.
  7. No person subject to this code of ethics, or spouse (if not estranged), dependent child, or business associate of the person, or any business by which the person is employed or which the person represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the person would be influenced thereby.
  8. No person subject to this code of ethics, or any person within his or her family or business associate of the person, or any business entity in which the person or any person within his or her family or business associate of the person has a ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest, shall enter into any contract with any state or municipal agency unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded; provided, however, that contracts for professional services which have been customarily awarded without competitive bidding shall not be subject to competitive bidding if awarded through a process of public notice and disclosure of financial details.
  9. No person shall give or offer to any person covered by this code of ethics, or to any candidate for public office, or to any person within his or her family or business associate of any person, or to any business by which the person is employed or which the person represents, any gift, loan, political contribution, reward, or promise of future employment based on any understanding or expectation that the vote, official action, or judgment of the person would be influenced thereby.
  10. No person shall use for any commercial purpose information copied from any statements required by this chapter or from lists compiled from the statements.
  11. No person shall knowingly and willfully make a false or frivolous complaint under this chapter.
  12. No candidate for public office, or any person within his or her family, business associate of the candidate, or any business by which the candidate is employed or which the candidate represents, shall solicit or accept any gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the candidate would be influenced thereby.
  13. No person subject to this code of ethics shall, either directly or indirectly, through any government agency, or through a business associate, or through any other person, threaten or intimidate any complainant or witness or any family member of any complainant or witness in any proceeding before the state ethics commission.
    1. In addition to any rights a complainant or witness may have under the Rhode Island Whistleblowers’ Protection Act, chapter 50 of title 28 or under any other statute, a complainant or witness may bring a civil action in superior court for appropriate injunctive relief, or actual damages, or both and attorney’s fees within three (3) years after the occurrence of the alleged violation of subsection (m) above.
    2. The initiation of litigation by a complainant or witness pursuant to subsection (m)(1) shall not constitute a violation of any confidentiality provisions of this chapter.
    1. No state elected official, while holding state office and for a period of one year after leaving state office, shall seek or accept employment with any other state agency, as defined in § 36-14-2(8)(i) , other than employment which was held at the time of the official’s election or at the time of enactment of this subsection, except as provided herein.
    2. Nothing contained herein shall prohibit any general officer or the general assembly from appointing any state elected official to a senior policy-making, discretionary, or confidential position on the general officer’s or the general assembly’s staff, and in the case of the governor, to a position as a department director; nor shall the provisions herein prohibit any state elected official from seeking or accepting a senior policy-making, discretionary, or confidential position on any general officer’s or the general assembly’s staff, or from seeking or accepting appointment as a department director by the governor.
    3. Nothing contained herein shall prohibit a state elected official from seeking or being elected for any other constitutional office.
    4. Nothing contained herein shall prohibit the Rhode Island ethics commission from authorizing exceptions to this subsection where such exemption would not create an appearance of impropriety.
    1. No person holding a senior policy-making, discretionary, or confidential position on the staff of any state elected official or the general assembly shall seek or accept any other employment by any state agency as defined in § 36-14-2(8)(i) , while serving as such policy-making, discretionary, or confidential staff member and for a period of one year after leaving that state employment as a member of the state elected official’s or the general assembly’s senior policy-making, discretionary, or confidential staff.
    2. Notwithstanding the foregoing, a person holding a senior policy-making, discretionary, or confidential staff position who has a minimum of five (5) years of uninterrupted state service shall be exempt from the provisions of this section. “State service” as used herein means service in the classified, unclassified and nonclassified services of the state, but shall not include service in any state elective office.
    3. Nothing contained herein shall prohibit any general officer or the general assembly from appointing any such senior policy-making, discretionary, or confidential member of the staff of any state elected official or the general assembly to any other senior policymaking, discretionary, or confidential position on any general officer’s or the general assembly’s staff, and in the case of the governor, to a position as a department director; nor shall the provisions hereof prohibit any senior policy-making, discretionary, or confidential member of the staff of any state elected official or the general assembly from seeking or accepting any other senior policy-making, discretionary, or confidential position on any general officer’s or the general assembly’s staff, or from seeking or accepting appointment as a department director by the governor.
    4. Nothing contained herein shall prohibit a person holding a senior policy-making, discretionary, or confidential staff position from seeking or being elected for any constitutional office.
    5. Nothing contained herein shall prohibit the Rhode Island ethics commission from authorizing exceptions to this subsection where such exemption would not create an appearance of impropriety.

History of Section. P.L. 1987, ch. 195, § 3; P.L. 1990, ch. 159, § 1; P.L. 1991, ch. 191, § 1; P.L. 1992, ch. 132, § 1; 1992, ch. 396, § 1; 1992, ch. 436, § 1; P.L. 2005, ch. 410, § 20.

NOTES TO DECISIONS

In General.

In a declaratory judgment action brought by a town against a school committee, it was held on appeal that the school committee was prohibited from retaining independent counsel for its legal matters and was required to have the town solicitor handle its legal matters, with the town solicitor having the authority to decline representation if ethical considerations warranted. The appellate court also held that the school committee was a department of the town and, therefore, was required to abide by the town’s charter, which required all legal matters for any of the town’s departments, agencies, or offices to be handled by the town solicitor. Town of Johnston v. Santilli, 892 A.2d 123, 2006 R.I. LEXIS 30 (R.I. 2006).

Confidential Information.

This section is a fact-specific statute. The mere act of a chief of police belonging to a local police bargaining unit would not implicate subsection (d). Instead, there must be specific articulable facts indicating that a police chief has actually misused his or her public office or has divulged confidential information garnered through his or her official position for a transgression of subsection (d) to occur. Town of Lincoln v. Lincoln Lodge No. 22, 660 A.2d 710, 1995 R.I. LEXIS 178 (R.I. 1995).

Conflicting Financial Interest.

When a member of a state agency becomes aware that business in which such member has a financial interest will come before the agency, the appropriate response of such member is to recuse himself or herself from participation in such business or voting thereon. Mehrtens v. Davis, 574 A.2d 1236, 1990 R.I. LEXIS 109 (R.I. 1990).

R.I. Gen. Laws § 36-14-5 prohibits government officials from accepting outside employment impairing “independence of judgment,” but this apparently does not restrict state legislators from private employment involving contact with courts or agencies. Thus, a state senator could have been openly paid by a medical center to advocate with local officials. United States v. Urciuoli, 513 F.3d 290, 2008 U.S. App. LEXIS 1049 (1st Cir. 2008).

Constitutional Protection of Citizens’ Complaints.

The first amendment protection of expression on public issues encompasses citizens’ complaints that public officials, be they elected, appointed, or employed, have breached contemporary canons of ethics in government. Providence Journal Co. v. Newton, 723 F. Supp. 846, 1989 U.S. Dist. LEXIS 12854 (D.R.I. 1989).

The confidentiality provisions of the Rhode Island Code of Ethics impose unconstitutional restraints on the free speech rights of a citizen who files an ethics complaint against a mayor and members of a city council; public discussion of the existence and substance of an ethics complaint formally filed under oath against a public official is speech protected by the first amendment. Providence Journal Co. v. Newton, 723 F. Supp. 846, 1989 U.S. Dist. LEXIS 12854 (D.R.I. 1989).

Constitutionality of Subsections (n) and (o).

The revolving-door legislation of subsections (n) and (o) passes constitutional equal-protection muster, since the legislation is rationally related to a legitimate state interest in protecting the public by preventing public officials from taking advantage of their positions by securing employment in a related entity for one year. In re Advisory from the Governor, 633 A.2d 664, 1993 R.I. LEXIS 232 (R.I. 1993).

The presumption contained in the revolving-door legislation of subsections (n) and (o) is either rebuttable, temporary, or both. Consequently the revolving-door legislation does not violate due process because it does not contain an irrebuttable presumption. In re Advisory from the Governor, 633 A.2d 664, 1993 R.I. LEXIS 232 (R.I. 1993).

Subsections (n) and (o) do not contain any language that vests the legislature with any appointment power. Consequently the legislature has not, directly or indirectly, assumed any essential power of the governor. Thus, subsections (n) and (o) do not violate the separation of powers doctrine. In re Advisory from the Governor, 633 A.2d 664, 1993 R.I. LEXIS 232 (R.I. 1993).

Contract Award Valid.

The trial justice erred in upholding the commission’s finding that former governor violated this section by awarding state contract to an engineering firm owned by significant campaign contributor, where the record was deficient of reliable, probative evidence to support the proposition that governor had a reasonable belief in, or expectation of, monetary gain as a result of his selection of contributor’s firm. DiPrete v. Morsilli, 635 A.2d 1155, 1994 R.I. LEXIS 7 (R.I. 1994).

Ethics Commission Regulations.

This section, via subsections (n) and (o), is not inconsistent with Ethics Commission Regulations 36-14-5006 and 36-14-5007. In re Advisory from the Governor, 633 A.2d 664, 1993 R.I. LEXIS 232 (R.I. 1993).

Evaluation Standard.

The issue of whether a particular application of §§ 28-9.2-3 and 28-9.2-5 violates a constitutional imperative or a provision of the Ethics Code, this chapter, must be evaluated with the same factors used in analyzing violations of the directive of R.I. Const., art. III, § 7 that public officials and employees avoid the appearance of impropriety. Town of Lincoln v. Lincoln Lodge No. 22, 660 A.2d 710, 1995 R.I. LEXIS 178 (R.I. 1995).

Improper Contract Award.

Former governor, as a result of awarding a state contract for litigation over public works construction to a law firm partly owned by governor’s business associate, was properly found by the commission to have violated subsections (a) and (d), and was properly fined $10,000 for this violation. DiPrete v. Morsilli, 635 A.2d 1155, 1994 R.I. LEXIS 7 (R.I. 1994).

Invalid Town Council Resolution.

Where members of a town council passed, unanimously and without discussion, a resolution requesting the general assembly to amend the town charter to provide the members $100.00 for expenses each month and eliminating a provision that expressly provided that council members would “receive no reimbursement for expenses,” the commission’s and the trial justice’s findings that their actions violated § 36-14-4(a) of the conflict-of-interest law (now subsection (a) ) and the requirements of § 36-14-5 (now § 36-14-6 ), which provides for the filing of a report with the commission when the institution of an action can reasonably be expected to result in profit to the official taking that action, were supported by the evidence. Celona v. Rhode Island Ethics Comm'n, 544 A.2d 582, 1988 R.I. LEXIS 115 (R.I. 1988).

Legislative Lobbying.

Where the plaintiff agreed to serve as a representative for bottlers within a year of leaving public office, registered as a legislative agent, attended senate sessions and appeared on the floor wearing his legislative lobby tag, initiated telephone conferences with state senators, prepared letters of information that were distributed to senators, arranged at least two dinners between state senators and representatives of the soft-drink industry, and admitted in his billings that he was serving as a legislative agent, the fact that he did not formally appear on behalf of the bottlers in making any committee presentations to the senate did not alter the fact that he violated the revolving-door legislation. DiLuglio v. Rhode Island Ethics Comm'n, 726 A.2d 1149, 1999 R.I. LEXIS 77 (R.I. 1999).

Representation Before Agency.

A member of the Rhode Island Mobile and Manufactured Home Commission is barred from representing themselves or others before that commission. Treaster v. Rhode Island Mobile & Manufactured Home Comm'n, 644 A.2d 314, 1994 R.I. LEXIS 215 (R.I. 1994).

Subdivision (e)(2) does not expressly prohibit representation of an individual or entity before an agency with which the lawyer is not associated, nor does it prohibit representation of a private party in a matter in which the state has a substantial interest. Gray v. Rhode Island Dep't of Children, Youth & Families, 937 F. Supp. 153, 1996 U.S. Dist. LEXIS 13236 (D.R.I. 1996).

36-14-6. Statement of conflict of interest.

Any person subject to this code of ethics who, in the discharge of his or her official duties, is or may be required to take an action, make a decision, or refrain therefrom that will or can reasonably be expected to directly result in an economic benefit to the person, or spouse (if not estranged), or any dependent child of the person, or business associate or any business by which the person is employed or which the person represents, shall, before taking any such action or refraining therefrom:

  1. Prepare a written statement sworn to under the penalties for perjury describing the matter requiring action and the nature of the potential conflict; if he or she is a member of a legislative body and he or she does not request that he or she be excused from voting, deliberating, or taking action on the matter, the statement shall state why, despite the potential conflict, he or she is able to vote and otherwise participate fairly, objectively, and in the public interest; and
  2. Deliver a copy of the statement to the commission, and:
    1. If he or she is a member of the general assembly or of any city or town legislative body, he or she shall deliver a copy of the statement to the presiding officer of the body, who shall cause the statement to be recorded in the journal of the body and, upon request of the member, may excuse the member from votes, deliberations, or any other action on the matter on which a potential conflict exists; or
    2. If the person is not a legislator, his or her superior, if any, shall, if reasonably possible, assign the matter to another person who does not have a conflict of interest. If he or she has no immediate superior, he or she shall take such steps as the commission shall prescribe through rules or regulations to remove him or herself from influence over any action on the matter on which the conflict of interest exists.

History of Section. P.L. 1987, ch. 195, § 3.

NOTES TO DECISIONS

Contract Award Valid.

The trial justice erred in upholding the commission’s finding that former governor violated this section by awarding state contract to an engineering firm owned by significant campaign contributor, where the record was deficient of reliable, probative evidence to support the proposition that governor had a reasonable belief in, or expectation of, monetary gain as a result of his selection of contributor’s firm. DiPrete v. Morsilli, 635 A.2d 1155, 1994 R.I. LEXIS 7 (R.I. 1994).

Improper Contract Award.

Former governor was properly fined $5,000 for his failure to prepare and to deliver a copy of a statement to the commission of the potential conflict arising from the award of a state contract for litigation over public works to a law firm partly owned by governor’s business associate. DiPrete v. Morsilli, 635 A.2d 1155, 1994 R.I. LEXIS 7 (R.I. 1994).

Invalid Town Council Resolution.

Where members of a town council passed, unanimously and without discussion, a resolution requesting the general assembly to amend the town charter to provide the members $100.00 for expenses each month and eliminating a provision that expressly provided that council members would “receive no reimbursement for expenses,” the commission’s and the trial justice’s findings that their actions violated § 36-14-4(a) of the conflict-of-interest law (now § 36-14-5 (a) ) and the requirements of § 36-14-5 (now § 36-14-6 ), which provides for the filing of a report with the commission when the institution of an action can reasonably be expected to result in profit to the official taking that action, were supported by the evidence. Celona v. Rhode Island Ethics Comm'n, 544 A.2d 582, 1988 R.I. LEXIS 115 (R.I. 1988).

36-14-7. Interest in conflict with discharge of duties.

  1. A person subject to this code of ethics has an interest which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, if he or she has reason to believe or expect that he or she or any person within his or her family or any business associate, or any business by which the person is employed or which the person represents will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his or her official activity.
  2. A person subject to this code of ethics does not have an interest which is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed by the laws of this state, if any benefit or detriment accrues to him or her or any person within his or her family or any business associate, or any business by which the person is employed or which the person represents, as a member of a business, profession, occupation, or group, or of any significant and definable class of persons within the business, profession, occupation, or group, to no greater extent than any other similarly situated member of the business, profession, occupation, or group, or of the significant and definable class of persons within the business, profession, occupation or group.

History of Section. P.L. 1987, ch. 195, § 3; P.L. 1992, ch. 132, § 1.

NOTES TO DECISIONS

Application.

Class exception pursuant to R.I. Gen. Laws § 36-14-7(b) did not extend to compensation to a state senator nominally for marketing, which was in reality for the senator’s misuse of his powers to coerce insurers into settlements with a hospital. United States v. Urciuoli, 613 F.3d 11, 2010 U.S. App. LEXIS 14854 (1st Cir.), cert. denied, 562 U.S. 1045, 131 S. Ct. 612, 178 L. Ed. 2d 436, 2010 U.S. LEXIS 8960 (2010).

Contract Award Valid.

The trial justice erred in upholding the commission’s finding that former governor violated this section by awarding state contract to an engineering firm owned by significant campaign contributor, where the record was deficient of reliable, probative evidence to support the proposition that governor had a reasonable belief in, or expectation of, monetary gain as a result of his selection of contributor’s firm. DiPrete v. Morsilli, 635 A.2d 1155, 1994 R.I. LEXIS 7 (R.I. 1994).

Town Council Resolution as “Official Activity”.

There is no language in the conflict-of-interest statute (now Code of Ethics) that limits violations to circumstances where a public official renders a decision that results in financial gain. Rather, § 36-14-6 (now § 36-14-7 ) provides that a conflict of interest exists if the public official “has reason to believe or expect that he [or she] . . . will derive a direct monetary gain . . . by reason of his [or her] official activity,” and the actions of members of a town council in passing a resolution asking the legislature to amend the town charter to give them an expense allowance constituted “official activity.” Celona v. Rhode Island Ethics Comm'n, 544 A.2d 582, 1988 R.I. LEXIS 115 (R.I. 1988).

36-14-8. Rhode Island ethics commission — Establishment — Members — Vacancies — Quorum — Compensation and quarters.

  1. There is hereby established an independent and nonpartisan Rhode Island ethics commission composed of nine (9) members appointed by the governor. The president of the senate, the minority leader of the senate, the speaker of the house of representatives, the majority leader of the house of representatives, and the minority leader of the house of representatives shall, within twenty (20) days of July 21, 1992, each submit to the governor a list of names of at least five (5) individuals. The governor shall, within forty (40) days of July 21, 1992, appoint one individual from each of the lists so submitted and four (4) individuals without regard to the lists submitted by the legislative leaders.
  2. Members of the commission shall serve for terms of five (5) years, except that, of the members first appointed:
    1. The individual appointed from the list submitted by the majority leader of the house of representatives shall serve for one year;
    2. The individuals appointed from the lists submitted by the minority leader of the senate and one of the individuals appointed by the governor without regard to the lists submitted by the legislative leaders shall serve for two (2) years;
    3. The individual appointed from the list submitted by the minority leader of the house of representatives and one of the individuals appointed by the governor without regard to the lists submitted by the legislative leaders shall serve for three (3) years;
    4. The individual appointed from the list submitted by the president of the senate and one of the individuals appointed from the list submitted by the minority leader of the house of representatives shall serve for four (4) years; and
    5. The individual appointed from the list submitted by the speaker of the house of representatives and one of the individuals appointed from the list submitted by the minority leader of the senate shall serve for five (5) years.
  3. No member shall be appointed for more than one full five (5) year term; provided, however, that each member shall continue to serve until his or her successor is appointed and qualified; and, provided further, that if, at the time of the expiration of any member’s term, that member is actively engaged in the adjudication of a complaint, he or she shall continue to serve in that capacity until the commission has completed its responsibilities with respect to that complaint.
  4. The governor shall, at the time of the initial appointments to the commission, designate one member to act as chairperson of the commission for a period of one year and another to act as vice chairperson of the commission for a period of one year. Thereafter, the commission shall elect a chairperson and a vice chairperson. The vice chairperson shall act as chairperson in the absence of the chairperson or in the event of a vacancy in that position.
  5. Any vacancy on the commission, occurring for any reason prior to the expiration of the term, shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment within thirty (30) days of the vacancy occurring.
  6. No individual, while a member or employee of the commission, including any legal counsel engaged by the commission, shall:
    1. Hold or campaign for any other public office;
    2. Hold office in any political party or political committee;
    3. Participate in or contribute to any political campaign;
    4. Directly or indirectly attempt to influence any decision by a governmental body, other than as the duly authorized representative of the commission on a matter within the jurisdiction of the commission;
    5. Have held elective public office or have been a candidate for elective public office for a one year period prior to appointment.
    6. Have any equity interest or ownership interest in, or be employed by a business entity that derives any of its revenue or income by engaging in lobbying, as defined in chapter 22-10 and chapter 42-139.
  7. The governor shall declare vacant the position on the commission of any member who takes part in activities prohibited by subsection (f) of this section. An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member he or she succeeds, and is eligible for appointment to one full five-year term thereafter. Any vacancy occurring on the commission shall be filled within thirty (30) days in the manner in which that position was originally filled.
  8. For any action to be taken under the terms of this chapter by the full commission, five (5) members of the commission shall constitute a quorum.
  9. Commission members shall not be compensated for attendance at meetings of the commission or of any investigating committee or adjudicative panel of the commission.
  10. All departments and agencies of the state or of any city or town or political subdivision within this state shall furnish such advice or information documentary or otherwise, to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this chapter.
  11. The director of administration is hereby authorized and directed to provide suitable quarters for the commission.
  12. When commission members act in good faith within the scope of their authority and in their official capacities they shall be afforded protection against civil liability as provided in § 9-1-31.1 .

History of Section. P.L. 1987, ch. 195, § 3; P.L. 1992, ch. 436, § 1; P.L. 2001, ch. 180, § 77; P.L. 2005, ch. 117, art. 21, § 29; P.L. 2006, ch. 428, § 5; P.L. 2006, ch. 429, § 5.

Compiler’s Notes.

P.L. 2001, ch. 77, art. 24, § 1 provides that the compensation paid to commissioners and board members for attendance at board meetings authorized under this section is suspended. Reimbursement for travel costs to the meetings will continue.

NOTES TO DECISIONS

Compensation of Members.

By enacting the statute providing for compensation for ethics commission members, the state waived sovereign immunity against actions to enforce the compensation, and also created a protected property right by the commission members in the compensation. Pellegrino v. R.I. Ethics Comm'n, 788 A.2d 1119, 2002 R.I. LEXIS 12 (R.I. 2002).

36-14-9. Administrative powers of the commission.

  1. The commission is hereby empowered to:
    1. Engage the services of an executive director and of other legal, secretarial, and investigative employees, who shall be bound by the prohibitions contained in § 36-14-8(f) , and to make such other expenditures as are necessary for the effective performance of its functions;
    2. Separately retain the services of independent legal counsel who shall be bound by the prohibitions contained in § 36-14-8(f) and who shall remain independent of the executive director and other commission employees;
    3. Prescribe and publish, after notice and public hearings, rules and regulations to carry out the provisions of this chapter;
    4. Prescribe forms for statements and reports required to be filed by this chapter and furnish the forms to persons required to file statements and reports;
    5. Prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required to file statements and reports by this chapter;
    6. Accept and file any information voluntarily supplied that exceeds the requirements of this chapter;
    7. Compile and maintain an index of all reports and statements filed with the commission to facilitate public access to the reports and statements;
    8. Prepare and publish quarterly and annually summaries of statements and reports filed with the commission;
    9. Review all statements and reports filed with the commission in order to ascertain whether any person has failed to file a required statement or has filed a deficient statement;
    10. Preserve statements and reports filed with the commission for a period of five (5) years from date of receipt;
    11. Prepare and publish special reports and technical studies to further the purposes of this chapter;
    12. Prepare and publish, prior to April 1 of each year, an annual report summarizing the activities of the commission, including, but not limited to, the:
      1. Number of disclosure statements filed;
      2. Subjects of advisory opinions requested and issued;
      3. Number of complaints filed, investigated and/or adjudicated;
    13. Have a seal and the members, executive director, and assistant clerks thereof shall have authority and power to administer oaths and affirmations;
    14. Educate public officials, employees, and citizens on ethical standards as embodied in the code of ethics by holding regular workshops, seminars, and the like, focusing on the specifics of the code of ethics and compliance therewith;
    15. Create publications to explain the ethical conduct expected of officials and employees.
  2. The rulemaking power conferred by subsection (a)(3) of this section shall be subject to, and shall be exercised in conformity with, §§ 42-35-2 42-35-7 .
  3. Unless specifically prohibited, the commission shall make statements and reports filed with the commission available for public inspection and copying during regular office hours and make copying facilities available at a charge not to exceed actual cost.

History of Section. P.L. 1987, ch. 195, § 3; P.L 1992, ch. 436, § 1.

36-14-10. Educational powers of the commission.

  1. The commission is hereby empowered to establish and implement an educational program for the purpose of educating public officials and employees and the general public about the ethical standards embodied in the Rhode Island code of ethics in government, which program may include the preparation and dissemination of brochures, other publications and the conduct of workshops and seminars.
  2. The educational program authorized by this section shall be established by the commission in the exercise of the rulemaking authority conferred by § 36-14-9(a)(3) .
  3. The commission may, by rule or regulation, delegate to its executive director (or other designated employee) such authority as it may deem necessary for the implementation of the educational program authorized by this section.

History of Section. P.L. 1987, ch. 195, § 3.

36-14-10.1. Continuing ethics education.

The commission shall periodically provide a continuing education program on the Rhode Island code of ethics and related laws for major state decision-makers. The program shall be provided at least twice annually and shall consist of continuing education units as established by commission rule and which may be offered through an interactive web-based format. The commission shall provide participants with certificates showing the date and number of continuing education units completed.

History of Section. P.L. 2006, ch. 428, § 6; P.L. 2006, ch. 429, § 6.

36-14-11. Advisory powers of the commission.

  1. The commission is hereby empowered to issue, at the request of any person covered by the Rhode Island code of ethics in government, advisory opinions on the requirements of this chapter.
  2. Any advisory opinion rendered pursuant to this section must be approved, prior to issuance, by a majority of the members of the commission.
  3. Any advisory opinion rendered by the commission, until amended or revoked by a majority vote of the commission, shall be binding on the commission in any subsequent proceedings concerning the person who requested the opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion.

History of Section. P.L. 1987, ch. 195, § 3.

36-14-12. Investigative powers of the commission.

  1. The commission is hereby empowered to investigate allegations of violations of the provisions of this chapter and, in furtherance of any investigation, the commission shall have the power to:
    1. Compel the attendance of witnesses and require the production of evidence; and
    2. Take oral or written evidence under oath or affirmation.
  2. Any person, including any member of the commission, may file with the commission a complaint alleging a violation of this chapter. Any complaint filed with the commission shall be a statement in writing under oath which shall include the name of the person alleged to have committed the violation and which shall set forth in detail the specific act or acts complained of. The commission shall, within seventy-two (72) hours of the filing of any complaint, cause a copy of that complaint to be served, by certified mail, return receipt requested, upon any person alleged in the complaint to have committed a violation of this chapter.
  3. Upon receipt of a written complaint alleging a violation of this chapter, the commission shall within one hundred eighty (180) days of receipt of the written complaint complete its investigation; provided that, the commission may, for good cause shown, grant no more than two (2) extensions of sixty (60) days each.
    1. If the commission determines that the verified complaint does not allege facts sufficient to constitute a knowing and willful violation of any of the provisions of this chapter, it shall dismiss the complaint and notify the complainant and the respondent of the dismissal. The contents and substance of any complaint so dismissed, any answer thereto, and the notice of dismissal shall be made public.
    2. If the commission determines that the verified complaint alleges facts sufficient to constitute a violation of any of the provisions of this chapter, the commission shall promptly investigate the allegations contained in the complaint, make a finding on the complaint, and any amendment thereto.
    3. If the commission finds after its preliminary investigation that probable cause does not exist to support the allegations of the complaint, the commission shall dismiss the complaint and notify the complainant and the respondent of the dismissal. The contents and substance of any complaint so dismissed, any answer thereto, and the notice of dismissal shall be made public.
    4. If the commission finds that probable cause does exist to support the allegations of the complaint, it shall prepare written findings which shall state in detail the violations complained of and the manner in which they occurred and shall fix a time for hearing on the matter; provided, however, that, before it issues any findings, the commission shall permit the respondent to submit a written statement and/or to appear in person or by counsel for the purpose of presenting arguments and/or written evidence in response to the allegations against him or her. The respondent shall be entitled to examine and make copies of all evidence in the possession of the commission relating to the complaint. Upon the issuance of any findings, the commission shall notify the complainant and the respondent of its action.
    5. If the commission, during the course of its investigation, has probable cause to believe that violations of this chapter, other than those contained in the complaint, have been committed, it may, upon its own motion, amend the complaint to include the violations. The commission shall, within seventy-two (72) hours of any amendment, cause a copy of the amended complaint to be served, by certified mail, return receipt requested, upon any person alleged in the amended complaint to have committed a violation of this chapter. Any person alleged by an amended complaint to have committed a violation of this chapter shall be afforded a reasonable opportunity to respond to the allegations contained therein.
    6. Nothing in this section shall be construed to authorize the commission to make any of its investigatory records public.
  4. The commission, upon a finding pursuant to this section that there fails to exist probable cause for a violation of this chapter, shall issue an order dismissing the complaint, and if it finds the complaint to be frivolous, unreasonable, or groundless, the commission shall require the person filing the complaint to pay a civil penalty of not more than five thousand dollars ($5,000), all or part of which may be paid to the subject of the complaint in reimbursement of said subject’s reasonable expenses of defense.

History of Section. P.L. 1987, ch. 195, § 3; P.L. 1990, ch. 463, § 1; P.L. 1991, ch. 177, § 1; P.L. 1992, ch. 436, § 1; P.L. 1998, ch. 256, § 1.

Law Reviews.

Legislation Survey Section: Code of Ethics, see 4 Roger Williams U.L. Rev. 842 (1999).

NOTES TO DECISIONS

Construction.

The requirement of subsection (c) that the commission “complete its investigation” means that it must make a finding as to whether probable cause exists to support the allegations of an ethics complaint within the 180-day time limit subject to either one or two 60-day extensions. Clarke v. Morsilli, 714 A.2d 597, 1998 R.I. LEXIS 248 (R.I. 1998).

If any legislator who serves on any governmental public board, commission, or agency is charged with or suspected of any conduct amounting to or resulting in a conflict of interest, the ethics commission has clear authorization to investigate, charge, and try that legislator or any other board, commission, or agency member, or any public employee, for alleged violations of the code of ethics. In re Advisory Opinion to the Governor, 732 A.2d 55, 1999 R.I. LEXIS 152 (R.I. 1999).

Claims Prior to Amendment.

Since the 1992 amendment provided that cases pending in which there had been a finding of probable cause prior to the effective date of the act were to be adjudicated in accordance with the procedure in effect prior to the amendment and by the commissioners so appointed, claims were invalid when the executive director of the Rhode Island Ethics Commission persuaded some complainants to withdraw and refile their complaints under the new provisions. DeAngelis v. Rhode Island Ethics Comm'n, 656 A.2d 967, 1995 R.I. LEXIS 98 (R.I. 1995).

Regulations.

Ethics Commission Regulation 1008(a), prohibiting discovery before the commission’s finding of probable cause, is in direct conflict with subdivision (c)(4) of this section. Doe No. 1 v. Rhode Island Ethics Comm'n, 707 A.2d 265, 1998 R.I. LEXIS 62 (R.I. 1998).

Sanctions.

Where an organization sued the Rhode Island Ethics Commission (RIEC) and its members, alleging that defendants violated the organization’s constitutional rights in the context of attempting to enforce the provisions of R.I. Gen. Laws § 36-14-12(d) , but the motion for sanctions against the organization before the RIEC was withdrawn with prejudice, the organization’s constitutional rights claims were moot and the declaratory judgment claim regarding the constitutionality of § 36-14-12(d) was not ripe. Operation Clean Gov't v. R.I. Ethics Comm'n, 315 F. Supp. 2d 187, 2004 U.S. Dist. LEXIS 7404 (D.R.I. 2004).

36-14-13. Adjudicative powers of the commission.

  1. The commission is hereby empowered to adjudicate the merits of allegations of violations of the Rhode Island code of ethics.
    1. At such a hearing the commission shall have the power to compel the attendance of witnesses, require the production of evidence, and take oral or written evidence under oath or affirmation;
    2. Each party shall have the right to be represented by legal counsel; to conduct discovery pursuant to rules, adopted by the commission in the exercise of its rulemaking authority, which shall provide for the prompt and early exchange of relevant information and otherwise protect each party from unfair surprise during the course of the proceedings; to compel attendance of witnesses; to examine and cross examine opposing witnesses; to introduce exhibits and otherwise to present any matters to the commission relevant to the complaint;
    3. Oral evidence shall be taken only on oath or affirmation;
    4. There shall be a presumption of innocence on the part of any person alleged to have violated the provisions of this chapter and the burden of proving that the person has violated the provisions of this chapter shall be upon those who allege the violation or violations;
    5. The hearing shall be open to the public;
    6. Objections to the introduction of evidence may be made and shall be noted in the record;
    7. A stenographic record shall be made of all hearings conducted under the provisions of this section;
    8. At the conclusion of proceedings concerning an alleged violation, the commission shall immediately begin deliberations on the evidence and then proceed to determine whether there has been a knowing and willful violation of this chapter;
    9. No persons, other than members of the commission, and independent legal counsel for the limited purpose provided for herein, shall be present during the deliberations of the commission following any hearing conducted under this section. Counsel may not participate in deliberations of the commission. Counsel’s sole function shall be to respond to questions of law posed by commission members. A written record shall be maintained of the questions posed to counsel and counsel’s responses, which shall become part of the record of proceedings.
  2. In order for the commission to hold a hearing there must be a quorum of five (5) members. For every two (2) members who must recuse themselves from taking part in a hearing due to a conflict, the number needed for a quorum shall be reduced by one.
  3. In order for the commission to find that there has been a knowing and willful violation of this chapter it shall be necessary that a majority of those commissioners who attended all hearings, but in no case fewer than three (3) of the members of the commission shall vote in the affirmative to so find.
  4. The commission, upon a finding pursuant to this section that there has been a violation of this chapter, shall issue an order by which it may:
    1. Require that the violator cease and desist violating the provisions of this chapter;
    2. Require that the violator file any report, statement, or other information as required by this chapter;
    3. Require that the violator pay a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation of this chapter and the pecuniary value of any unjust enrichment realized by the violator as the result of his or her violation of this chapter;
    4. Refer the entire record of its proceedings to the attorney general; and/or
    5. Remove the violator from his or her office or position in accordance with the provisions of § 36-14-14 , provided the violator is not subject to impeachment.
  5. The commission shall, in the exercise of the rulemaking authority conferred by § 36-14-9(a)(3) , promulgate rules and regulations, consistent with the provisions of this section, for the conduct of adjudicative hearings before any adjudicative panel of the commission.
  6. Except in those cases referred to the attorney general pursuant to subsection (d)(4) of this section, a final decision of the commission and the record of proceedings before the commission upon which the final decision is based shall be made public by the commission within thirty (30) days after the final decision is rendered.
  7. The commission, upon a finding pursuant to this section that there has not been a violation of this chapter, shall issue an order dismissing the complaint, and if it finds the complaint to be frivolous, unreasonable, or groundless, the commission shall require the person filing the complaint to pay a civil penalty of not more than five thousand dollars ($5,000), all or part of which may be paid to the subject of the complaint in reimbursement of said subject’s reasonable expense of defense.

History of Section. P.L. 1987, ch. 195, § 3; P.L. 1992, ch. 131, § 1; 1992, ch. 436, § 1; P.L. 1998, ch. 256, § 1.

Law Reviews.

Legislation Survey Section: Code of Ethics, see 4 Roger Williams U.L. Rev. 842 (1999).

NOTES TO DECISIONS

Claims Prior to Amendment.

Since the 1992 amendment provided that cases pending in which there had been a finding of probable cause prior to the effective date of the act were to be adjudicated in accordance with the procedure in effect prior to the amendment and by the commissioners so appointed, claims were invalid when the executive director of the Rhode Island Ethics Commission persuaded some complainants to withdraw and refile their complaints under the new provisions. DeAngelis v. Rhode Island Ethics Comm'n, 656 A.2d 967, 1995 R.I. LEXIS 98 (R.I. 1995).

Double Jeopardy Issues.

A fine assessed against a former mayor by the commission for violations of the Code of Ethics may represent punishment to the extent that it would bar a subsequent prosecution for criminal acts under double jeopardy analysis, if the fine is not merely remedial but also serves a retributive or deterrent purpose. State v. Levesque, 694 A.2d 411, 1997 R.I. LEXIS 118 (R.I. 1997).

Individual Conduct.

If any legislator who serves on any governmental public board, commission, or agency is charged with or suspected of any conduct amounting to or resulting in a conflict of interest, the ethics commission has clear authorization to investigate, charge, and try that legislator or any other board, commission, or agency member, or any public employee, for alleged violations of the code of ethics. In re Advisory Opinion to the Governor, 732 A.2d 55, 1999 R.I. LEXIS 152 (R.I. 1999).

Knowing Violation.

Former governor’s violation of this statute was deemed “knowing and willful” since the commission had before it a record of sufficient evidence to conclude that governor’s actions in awarding a state contract were deliberate and unreasonable, given in part his failure to take any steps to resolve potential statutory problems, including the delivery of a statement of potential conflict of interest to the commission. DiPrete v. Morsilli, 635 A.2d 1155, 1994 R.I. LEXIS 7 (R.I. 1994).

36-14-14. Removal powers of the commission.

  1. The commission is hereby empowered to remove from office any state or municipal elected official or any state or municipal appointed official not subject to impeachment in accordance with the provisions of subsections (b) through (d) of this section.
  2. Any state or municipal elected official and any state or municipal appointed official not subject to impeachment may be removed from office if:
    1. The commission has found, after an adjudicative hearing conducted in accordance with § 36-14-13 , that the official has been guilty of a serious, knowing, and willful violation of § 36-14-5(c) , 36-14-5(d) , or 36-14-5(g) ; and
    2. The commission determines that the violation was committed by the violator either with (i) fraudulent intent to secure the unjust enrichment of him or herself or another person or (ii) malicious intent to inflict pecuniary or other substantial injury upon another person.
  3. If it determines that such a violation has been committed, it shall conduct a hearing at which the executive director of the commission or his or her designee and the respondent or his or her counsel shall be permitted to pursue additional evidence and arguments relevant to (i) the presence or absence of the specific intent required by subsection (b)(2) of this section as a prerequisite to removal of an official from office, and (ii) the presence or absence of aggravating or mitigating circumstances of which the commission should be aware in rendering its final decision.
  4. The removal power conferred by this section may be exercised only by the affirmative vote of two-thirds (2/3) of the membership of the commission eligible to participate, but in no case fewer than five (5) affirmative votes.

History of Section. P.L. 1987, ch. 195, § 3; P.L. 1992, ch. 436, § 1.

NOTES TO DECISIONS

Governor’s Removal Powers.

Although the ethics commission has authority in appropriate cases to remove an official from office pursuant to this section, this power does not infringe on the governor’s explicit authority under § 42-29-1 to remove a sheriff for just cause. DeCecco v. State, 593 A.2d 1342, 1991 R.I. LEXIS 136 (R.I. 1991).

36-14-15. Judicial review.

Any action by the commission made pursuant to this chapter shall be subject to review pursuant to chapter 35 of title 42.

History of Section. P.L. 1987, ch. 195, § 3.

36-14-16. Financial statement to be filed.

  1. On or before the last Friday in April of each year, the following officials and employees subject to this code of ethics shall file with the commission a financial statement complying with the requirements of this chapter:
    1. All state elected officials;
    2. All state-appointed officials;
    3. All state-appointed officials and employees who hold a major decision-making position in a state agency;
    4. All municipal elected officials; and
    5. All municipal-appointed officials whose official duties and responsibilities include exercising decision-making authority over the expenditure of more than fifty thousand dollars ($50,000) in public funds in any fiscal or calendar year, and expressly including solicitors and assistant solicitors, police chiefs, fire chiefs, superintendents of schools, principals, superintendents and administrators of charter schools, board members of charter schools, principals, superintendents and administrators of state schools, board members of state schools, building inspectors, members of planning boards, zoning boards, licensing boards and tax appeal boards. This subsection shall also include all municipal-appointed officials whose official duties and responsibilities include nominating, appointing, or hiring any persons who will receive compensation of more than fifty thousand dollars ($50,000) in public funds in any fiscal or calendar year.
  2. In the case of state- and municipal-appointed officials on and after January 1, 1988, the appointee shall file the financial statement within thirty (30) days after the date of his or her appointment or the date he or she qualifies for the office; provided, however, that in the case of the appointment of officials who require senate confirmation, the appointee shall file the financial statement with the appropriate senate committee prior to the institution of those confirmation proceedings.
  3. Within thirty (30) days after the filing deadline, or within thirty (30) days after filing a notice of organization or compliance with § 17-25-8 , every person who is a candidate for an office as an elected officer, except those candidates for moderator and clerk of a voting district of the cities and towns, shall file the financial statement as required by this chapter. Filings of candidates for general office shall include information as required in § 36-14-17(b)(2) . The commission shall grant an extension for good cause shown of not more than fifteen (15) days, provided a request for the extension is received prior to the filing deadline for the financial statement.
  4. Except as otherwise provided in this chapter, at least thirty (30) days before the deadline date for the filing of a financial statement by each individual required to file, the commission shall mail to the individual a copy of the financial statement form. In the case of candidates other than those covered by subsection (f) of this section, the forms shall be mailed within ten (10) days after the filing deadline date. In the case of appointed officers covered by this section, the forms shall be mailed within seven (7) days after the date of the appointment.
  5. If a person has filed a financial statement as required by one subsection of this section covering the preceding calendar year, he or she is not required to file a financial statement as required by another subsection if, before the deadline for filing under the other subsection, he or she notifies the commission in writing that he or she has already filed a financial statement under the subsection specified.
  6. A person required to file a financial statement under subsection (a) of this section may request the commission to grant an extension of time of not more than sixty (60) days for filing the statement. The commission shall grant the extension of not more than sixty (60) days if the request is received prior to the filing deadline or if a timely filing or request for extension is prevented because of physical or mental incapacity. Not more than one extension may be given to a person in one year except for good cause shown.
  7. The deadline for filing any statement required by this section is 5:00 p.m. of the last day designated in the pertinent subsection of this section for filing the statement. When the last day of filing falls on a Saturday or Sunday or an official state holiday, the deadline for filing is extended to 5:00 p.m. of the next day which is not a Saturday or Sunday or holiday. Any statement required by any provision of this section to be filed within a specified time period shall be deemed to be timely filed if it is placed in the United States post office or in the hands of a common or contract carrier properly addressed to the appropriate authority within the time limits applicable to the statement. The postmark or receipt mark (if received by a common or contract carrier) will be prima facie evidence of the date that the statement was deposited with the post office or carrier. The person filing the statement may show by competent evidence that the actual date of posting was to the contrary.

History of Section. P.L. 1987, ch. 195, § 3; P.L. 2004, ch. 389, § 1; P.L. 2006, ch. 428, § 5; P.L. 2006, ch. 429, § 5; P.L. 2019, ch. 220, § 2; P.L. 2019, ch. 229, § 2.

Compiler’s Notes.

P.L. 2019, ch. 220, § 2, and P.L. 2019, ch. 229, § 2 enacted identical amendments to this section.

NOTES TO DECISIONS

Dismissal of Indictment.

The dismissal of an indictment charging violations of the conflict-of-interest law, on the ground of alleged prosecutorial misconduct during grand-jury proceedings, is inappropriate where the defendant’s case has already been tried on the merits in an adversarial proceeding in the district court. State v. Mainelli, 543 A.2d 1311, 1988 R.I. LEXIS 109 (R.I. 1988).

Collateral References.

Validity and construction of orders and enactments requiring public officers and employees, or candidates for public office, to disclose financial condition, interests, or relationships. 22 A.L.R.4th 237.

36-14-17. Content of financial statement.

  1. The financial statement required herein shall be on a form prescribed by the commission and shall include the account of the financial activity of the person required to file the statement by this chapter, the financial activity of his or her spouse (if not estranged), and any dependent children for the preceding calendar year.
  2. The account of financial activity referred to in subsection (a) of this section shall consist of:
    1. If he or she or any person enumerated in subsection (a) of this section or a business entity in which he or she or any person enumerated as aforesaid held a ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest at any time during the calendar year for which the statement is required has done business with a state or municipal agency or a business which is subject to direct regulation greater than of a de minimus nature by a state or municipal agency, and if so, the date and nature of the business;
    2. A list of all sources of occupational income identified by employer or, if self employed, by the nature of occupation or profession, and if income was received from a state or municipal agency, the name and address of the agency and the nature of the services rendered; however, general officers, as defined in section 17-2-1 , shall list all sources and amounts of income in excess of two hundred dollars ($200) according to the following categories:
      1. not more than $1000
      2. greater than $1000 but no more than $10,000
      3. greater than $10,000 but no more than $25,000
      4. greater than $25,000 but no more than $50,000
      5. greater than $50,000 but no more than $100,000
      6. greater than $100,000 but no more than $200,000
      7. greater than $200,000 but no more than $500,000
      8. greater than $500,000 but no more than $1,000,000
      9. greater than $1,000,000
    3. A listing of all real property in which a financial interest was held; however, this section shall not apply to real property used exclusively as his or her principal residence;
    4. Identification of any interested person from whom the person or his or her spouse (if not estranged) or any dependent child received a gift or contribution of money or property in excess of one hundred dollars ($100) in value or a series of gifts or contributions of money or property, the total of which exceeds one hundred dollars ($100) in value received from the same source, and a description of each gift or contributions, except those received from persons related to the person at any time within the third degree of consanguinity or affinity and campaign contributions which were reported as required by law, for purposes of this subsection, “interested person”, means a person or a representative of a person or business that has a direct financial interest in a decision that the person subject to the Code of Ethics is authorized to make, or to participate in the making of, as part of his or her official duties;
    5. Identification of the source of all income received as beneficiary of a trust and identification of each asset, if known to the beneficiary, from which income was received by the beneficiary in excess of one thousand dollars ($1,000);
    6. A list of all boards of directors of which the person is a member and executive positions which he or she holds in any business entity, stating the name and address of each business entity;
    7. The name and address of any business entity in which he or she or any person enumerated in subsection (a) of this section held a ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest in at any time during the calendar year for which the statement is required; and
      1. Identification of any person, business entity, financial institution or other organization to whom the person was indebted at any time during the calendar year for which the statement is required in an amount in excess of one thousand dollars ($1,000) other than:
        1. Any person related to the person at any time within the third degree of consanguinity or affinity; or
        2. Any transactions involving credit cards; or
        3. Any indebtedness to a financial institution, licensed and regulated by any state or by the United States, which is secured solely by a mortgage of record on real property used exclusively as the principal residence of the person required to file the statement.
      2. This section does not require the reporting of the amount or amounts of the indebtedness or the payment record of the loans.
  3. The financial statement shall be sworn to under oath.

History of Section. P.L. 1987, ch. 195, § 3; P.L. 1988, ch. 141, § 1; P.L. 1990, ch. 96, § 1; P.L. 1991, ch. 272, § 1; P.L. 2004, ch. 181, § 1; P.L. 2004, ch. 248, § 1; P.L. 2006, ch. 428, § 5; P.L. 2006, ch. 429, § 5.

Collateral References.

Validity and construction of orders and enactments requiring public officers and employees, or candidates for public office, to disclose financial condition, interests, or relationships. 22 A.L.R.4th 237.

36-14-18. Disclosure of regulated business interests.

  1. Every person who is required to file a financial statement pursuant to this chapter and who has, acquires, or divests him or herself of ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest in a business entity which is subject to direct regulation, greater than of a de minimus nature, by a state or municipal agency, or which does any business with a state or municipal agency, shall file with the commission at the times specified by this chapter, an affidavit:
    1. Identifying him or herself and stating the capacity in which he or she serves or is about to serve which occasions the filing of the affidavit;
    2. Identifying the business entity (or each business entity);
    3. Identifying the regulatory agency or agencies;
    4. Stating the nature of his or her interest in the business entity;
    5. Describing the manner in which the business entity is subject to regulation; and
    6. Stating whether the interest is held, or was acquired or divested, and if acquired or divested, when.
  2. The nature of an interest in a business entity shall be described in specific language.
  3. Every state or municipal official to which this section applies who holds office on January 1, 1988, and who has any interest required to be reported pursuant to this section, shall file the affidavit within ninety (90) days after January 1, 1988.
  4. If a state or municipal official to which this section applies, acquires or divests him or herself of an interest, required to be reported pursuant to this section, he or she shall file the affidavit within thirty (30) days after the date the interest was acquired or divested.
  5. In the case of appointments made after January 1, 1988, a state or municipal official who has any interest required to be reported pursuant to this section shall file the affidavit within thirty (30) days after the date of his or her appointment or the date he or she qualifies for the office.

History of Section. P.L. 1987, ch. 195, § 3.

NOTES TO DECISIONS

Dismissal of Indictment.

The dismissal of an indictment charging violations of the conflict-of-interest law, on the ground of alleged prosecutorial misconduct during grand-jury proceedings, is inappropriate where the defendant’s case has already been tried on the merits in an adversarial proceeding in the district court. State v. Mainelli, 543 A.2d 1311, 1988 R.I. LEXIS 109 (R.I. 1988).

Collateral References.

Validity and construction of orders and enactments requiring public officers and employees, or candidates for public office, to disclose financial condition, interests, or relationships. 22 A.L.R.4th 237.

36-14-19. Penalties.

Any person who knowingly and willfully violates the provisions of this chapter shall, in addition to the civil penalties provided herein, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) and/or imprisonment for no longer than one year.

History of Section. P.L. 1987, ch. 195, § 3.

36-14-20. Construction.

The provisions of this chapter shall be construed to be in addition to and not in substitution of any other provision of law not inconsistent herewith.

History of Section. P.L. 1987, ch. 195, § 3.

36-14-21. Severability.

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the application of the provisions to other persons and circumstances shall not be affected thereby.

History of Section. P.L. 1987, ch. 195, § 3.

Chapter 14.1 State Vendors Providing Goods or Services to Public Officials

36-14.1-1. Definitions.

As used in this chapter:

  1. “Business entity” means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law through which business for profit is conducted.
  2. “Procurement official” means an elected or appointed state official or employee who has the authority to make decisions concerning the purchasing of goods or services for a state agency or who has supervisory authority over the person empowered to make decisions concerning the purchase of goods or services for the state agency.
  3. “State agency” means a branch, department, division, agency, commission, board, office, bureau, or authority of the government of the state of Rhode Island.
  4. “State vendor” means:
    1. A person or business entity that sells goods or provides services to any state agency;
    2. A person or business entity which has an ownership interest of ten percent (10%) or more in a business entity that sells goods or provides services to any state agency; or
    3. A business entity that is a parent or subsidiary of a business entity that sells goods or provides services to any state agency.

History of Section. P.L. 1987, ch. 487, § 1.

36-14.1-2. Prohibited conduct — Exceptions.

  1. No state vendor shall provide goods or services for less than fair market value for the personal use of a procurement official of a state agency if the vendor has sold goods and services during the preceding twenty-four (24) months to the state agency or if the vendor knows or has reason to know he or she will be submitting a bid or making a proposal for the sale of goods or services within the succeeding twenty-four (24) months to the state agency.
  2. No procurement official of a state agency shall accept goods or services for his or her personal use for less than fair market value from a state vendor who has sold goods or services to the agency during the preceding twenty-four (24) months or who the procurement official knows or has reason to know will be submitting a bid or making a proposal for the sale of goods or services to the agency within the succeeding twenty-four (24) months.
  3. The prohibition set forth in subsection (a) of this section shall not apply to goods or services having a fair market value of less than one hundred dollars ($100).

History of Section. P.L. 1987, ch. 487, § 1.

36-14.1-3. Civil penalty.

Every state vendor and every procurement official that knowingly and willfully violates the provisions of this chapter shall be subject to a civil penalty of not more than two thousand dollars ($2,000) per offense.

History of Section. P.L. 1987, ch. 487, § 1.

36-14.1-4. Enforcement.

  1. The Rhode Island ethics commission is hereby empowered to investigate and adjudicate allegations of violations of this chapter in accordance with the provisions of § 36-14-13 (a) — (f). Upon a finding of violation of this chapter, the adjudicatory panel of the ethics commission may issue an order requiring the violator to pay a civil penalty in accordance with § 36-14.1-3 .
  2. Nothing contained in this section shall be construed to limit the authority of the attorney general to enforce the provisions of this chapter.

History of Section. P.L. 1993, ch. 283, § 1.

Chapter 15 Rhode Island Whistleblower Act [Repealed.]

36-15-1 — 36-15-10. Repealed.

History of Section. P.L. 1984, ch. 137, § 1; P.L. 1988, ch. 648, § 1; P.L. 1992, ch. 157, § 1; Repealed by P.L. 1995, ch. 308, § 1, effective July 5, 1995. For present similar provisions, see Chapter 50 of Title 28.

Compiler’s Notes.

Former §§ 36-15-1 36-15-1 0 concerned the Rhode Island Whistleblower Act.

Chapter 16 Termination of Employment Contracts

36-16-1. State employment contracts — Prohibitions.

  1. No state agency, department of government, commission, board, authority, public corporation, governmental or quasi-governmental body, autonomous or otherwise, which is created by authority of the general assembly, executive order, or state law, shall enter into any contract or agreement with any individual, firm, or partnership which provides for any of the following upon termination of employment:
    1. Termination damages or benefits, including continuation of salary or other compensation for more than six (6) months from the date of termination;
    2. Severance pay, excepting accrued vacation pay, sick leave benefits, or health care benefits, for more than one year from the date of termination;
    3. Mandatory hiring, payment, or compensation for work performed or services rendered as a consultant or in any other capacity following termination; or
    4. Which provides for a contract term in excess of three (3) years.
  2. This section shall not apply to collective bargaining agreements entered into between an employer and a labor organization as defined in § 28-7-3 .

History of Section. P.L. 1985, ch. 341, § 1.

36-16-2. Void contracts.

Any contract or other agreement which is made contrary to or in violation of the provisions of § 36-16-1 shall be null and void and have no force or effect.

History of Section. P.L. 1985, ch. 341, § 1.

Chapter 16.1 State Contractors with Private Employers Providing Service Personnel

36-16.1-1. State employment contracts with private employers — Prohibitions.

No agreement or contract with a private employer to provide personnel to the state or the Rhode Island public transit authority to perform services at a state owned or operated facility, or a facility owned or operated by the Rhode Island public transit authority which at the time of enactment of this statute were being performed by state employees, or employees of the Rhode Island public transit authority shall be entered into or given by the state or the Rhode Island public transit authority unless the contract or agreement contains a stipulation requiring prescribed rates of wages as determined by the director of the department of labor and training. The rates of wages to be paid the various classes of service employees in the performance of the contract or any subcontract thereunder shall be based upon the prevailing rates for employment in the state or if the contract is entered into by the Rhode Island public transit authority, the prevailing rates for Rhode Island public transit authority employees. The rates of wages to be paid the various classes of service employees in the performance of the contract or any subcontract thereunder shall be based upon the prevailing rates for employment in the state. The rates of wages shall be furnished by the director in a schedule containing the classification of jobs and rate of wages to be paid for each job. It shall include payments to health, welfare, and retirement plans, or, if no such plan is in effect between the employees and the private employer, the amount of payments shall be paid directly to the employees; provided; however, that where limited period positions are utilized to replace persons on leave of absence, employees in the limited period positions shall not be covered by this section.

History of Section. P.L. 1988, ch. 326, § 1; P.L. 1991, ch. 122, § 1.

36-16.1-2. Void contracts.

Any agreement or contract which is made contrary to or in violation of the provisions of § 36-16.1-1 shall be null and void, shall have no force and effect, and no payment thereunder shall be made by the state or the Rhode Island public transit authority.

History of Section. P.L. 1988, ch. 326, § 1; P.L. 1991, ch. 122, § 1.

36-16.1-3. Prison labor.

The provisions of §§ 36-16.1-1 and 36-16.1-2 shall not apply to the use of inmate labor which is provided to any state department and is performed at a state owned or operated facility.

History of Section. P.L. 1994, ch. 70, art. 24, § 2.

Chapter 16.2 Quasi Public Corporations — Longevity

36-16.2-1. Longevity payments — Quasi public employees.

  1. Beginning on July 1, 2011, notwithstanding any rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no further longevity increases for employees of the quasi-public corporations; provided, however, for employees with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011, or beginning upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To the extent an employee has previously accrued longevity payments, the amount of the longevity payment earned by the employee for the last pay period in June, 2011 shall be added to the employee’s base salary as of June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the amount of the longevity payment earned by the employee for the latter of the last pay period in June or the last pay period prior to the expiration of the applicable collective bargaining agreement shall be added to the employee’s base salary as of June 30, 2011 or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.
  2. For purposes of this section “quasi-public corporation” means a body corporate and politic acting as a public corporation, which has been organized pursuant to law and granted certain powers, rights and privileges by the general laws, while exhibiting a distinct legal existence from the state, and not constituting a department of the state government, in order to perform a governmental function.

History of Section. P.L. 2011, ch. 151, art. 8, § 6.