AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM -- CONTRIBUTIONS AND BENEFITS -- POST-RETIREMENT EMPLOYMENT (Removes the cap on post-retirement employment for teaching administrator or staff member who has retired under the provisions of title 16, 36 or 35 of the general laws.)

H7321

2026 -- H 7321
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LC003613
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
CONTRIBUTIONS AND BENEFITS -- POST-RETIREMENT EMPLOYMENT

Introduced By:
Representatives Santucci, Nardone, Quattrocchi, Fascia, Slater,
Chippendale, Paplauskas, Cotter, and Fellela

Date Introduced:
January 23, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement
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System — Contributions and Benefits" is hereby amended to read as follows:
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36-10-36. Post-retirement employment.
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(a) On and after July 7, 1994, no member who has retired under the provisions of title 16,
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36, or 45 may be employed or reemployed by any state agency or department unless any and all
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retirement benefits to which the member may be entitled by virtue of the provisions of title 16, 36,
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or 45 are suspended for the duration of any employment or reemployment. No additional service
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credits shall be granted for any post-retirement employment or reemployment and no deductions
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shall be taken from an individual’s salary for retirement contribution. Notice of any such post-
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retirement employment or reemployment shall be sent monthly to the retirement board by the
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employing agency or department and by the retired member.
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(b)
Any member who has retired under the provisions of title 16, 36, or 45 may be
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employed or reemployed by any municipality within the state that has accepted the provisions of
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chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period
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of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day
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pay in any one calendar year without any forfeiture or reduction of any retirement benefits and
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allowances the member is receiving, or may receive, as a retired member. Pension payments shall
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be suspended whenever this period is exceeded. No additional contributions shall be taken, and no

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additional service credits shall be granted, for this service. Notice of this employment or
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reemployment shall be sent monthly to the retirement board by the employer and by the retired
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member.

Any teacher, administrator or staff member, who has retired under the provisions of titles
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16, 36 or 45 of the general laws, shall not be limited to any cap on the length of their post-retirement
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employment.
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(c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed
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or reemployed by any municipality within the state that has not accepted the provisions of chapter
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21 of title 45 and that does not participate in the municipal employees’ retirement system.
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(d) Notwithstanding the provisions of this section:
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(1) Any retired member of the system shall be permitted to serve as an elected mayor, the
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town administrator, the city administrator, the town manager, the city manager, the chief
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administrative officer, or the chief executive officer of any city or town, city or town council
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member, school committee member, or unpaid member of any part-time state board or commission
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or member of any part-time municipal board or commission, and shall continue to be eligible for,
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and receive, the retirement allowance for service other than that as a mayor, administrator, council
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member, school committee member, or member of any state board or commission or member of
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any part-time municipal board or commission; provided, however, that no additional service credits
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shall be granted for any service under this subsection;
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(2) Any retired member, who retired from service at any state college, university, state
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school, or who retired from service as a teacher under the provisions of title 16, or who retired from
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service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state
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college, university, or state school for the purpose of providing classroom instruction, academic
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advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the
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salary provided to other faculty members employed under a collective bargaining agreement at the
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institution. In no event shall “part-time” mean gross pay of more than twenty-five thousand dollars
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($25,000) in any one calendar year. Any retired member who provides such instruction or service
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shall do so without forfeiture or reduction of any retirement benefit or allowance; provided,
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however, that no additional service credits shall be granted for any service under this subsection;
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(3) Any retired member who retired from service as a teacher under the provisions of title
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16, or as a state employee who, while an active state employee, was certified to teach driver
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education by the department of elementary and secondary education or by the board of governors
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for higher education, may be employed or reemployed, on a part-time basis, by the department of
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elementary and secondary education or by the board of governors of higher education for the
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purpose of providing classroom instruction in driver education courses in accordance with § 31-

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10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event
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shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one
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calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or
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reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher;
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provided, however, that no additional service credits shall be granted for any service under this
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subsection;
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(4) Any retired member who retired from service as a registered nurse may be employed
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or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or
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services at a state-operated facility in Rhode Island, including employment as a faculty member of
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a nursing program at a state-operated college or university. In no event shall “part-time” mean gross
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pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days
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with half pay in any one calendar year. Any retired nurse who provides such care and/or services
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shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse
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is receiving as a retired nurse; provided, however, that no additional service credits shall be granted
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for any service under this subsection. Pension payments shall be suspended whenever this period
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is exceeded. No additional contributions shall be taken and no additional service credits shall be
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granted for this service. Notice of this employment or reemployment shall be sent monthly to the
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retirement board by the employer and by the retired member;
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(5) Any retired member who, at the time of passage of this section, serves as a general
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magistrate within the family court and thereafter retires from judicial service, may be employed or
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reemployed by the family court to perform such services as a general magistrate of the family court
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as the chief judge of the family court shall prescribe without any forfeiture or reduction of any
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retirement benefits and allowances that the member is receiving or may receive. For any such
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services or assignments performed after retirement, the general magistrate shall receive no
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compensation whatsoever, either monetary or in kind. No additional contributions shall be taken
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and no additional service credits shall be granted for this service;
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(6) Any retired district court clerk/magistrate or magistrate of the district court who shall
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subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be
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employed or reemployed by the district court to perform such services as a magistrate as the chief
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judge of the district court shall prescribe without any forfeiture or reduction of any retirement
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benefits and allowance that they are receiving or may receive. For any such services or assignment
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performed after retirement, the district court clerk/magistrate or magistrate shall receive, in addition
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to their retirement pension, the difference in pay and fringe benefits between their retirement
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pension, and that of a sitting magistrate of the district court with comparable state service time. No

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additional contributions shall be taken and no additional service credits shall be granted for this
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service; and
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(7) Any retired member of the system shall be permitted to serve as a municipal employee
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without any forfeiture or reduction of any retirement benefits and allowances that the member is
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receiving or may receive; provided, that said member shall be appointed by and serves at the
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pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town
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subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the
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appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided
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further, that no additional service credits shall be granted for any service under this subsection.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
CONTRIBUTIONS AND BENEFITS -- POST-RETIREMENT EMPLOYMENT
***
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This act would remove the cap on post-retirement employment for teachers, administrators
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or staff members who have retired under the provisions of titles 16, 36 or 35 of the general laws.
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This act would take effect upon passage.
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