AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM -- CONTRIBUTIONS AND BENEFITS (Allows retired state employees to be reemployed by a municipality with no restrictions and with no loss of their existing retirement benefits.)

H7806

2026 -- H 7806
========
LC005391
========

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

Introduced By:
Representatives Finkelman, Paplauskas, Phillips, and J. Brien

Date Introduced:
February 12, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
1
SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement
2
System — Contributions and Benefits" is hereby amended to read as follows:
3

36-10-36. Post-retirement employment.
4
(a) On and after July 7, 1994, no member who has retired under the provisions of title 16,
5
36, or 45 may be employed or reemployed by any state agency or department unless any and all
6
retirement benefits to which the member may be entitled by virtue of the provisions of title 16, 36,
7
or 45 are suspended for the duration of any employment or reemployment. No additional service
8
credits shall be granted for any post-retirement employment or reemployment and no deductions
9
shall be taken from an individual’s salary for retirement contribution. Notice of any such post-
10
retirement employment or reemployment shall be sent monthly to the retirement board by the
11
employing agency or department and by the retired member.
12
(b) Any member who has retired under the provisions of title 16, 36, or 45 may be
13
employed or reemployed by any municipality within the state that has accepted the provisions of
14
chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period
15
of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day
16
pay in any one calendar year without any forfeiture or reduction of any retirement benefits and
17
allowances the member is receiving, or may receive, as a retired member. Pension payments shall
18
be suspended whenever this period is exceeded. No additional contributions shall be taken, and no

1
additional service credits shall be granted, for this service. Notice of this employment or
2
reemployment shall be sent monthly to the retirement board by the employer and by the retired
3
member.
4
(c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed
5
or reemployed by any municipality within the state that has not accepted the provisions of chapter
6
21 of title 45 and that does not participate in the municipal employees’ retirement system.
7
(d) Notwithstanding the provisions of this section:
8
(1) Any retired member of the system shall be permitted to serve as an elected mayor, the
9
town administrator, the city administrator, the town manager, the city manager, the chief
10
administrative officer, or the chief executive officer of any city or town, city or town council
11
member, school committee member, or unpaid member of any part-time state board or commission
12
or member of any part-time municipal board or commission, and shall continue to be eligible for,
13
and receive, the retirement allowance for service other than that as a mayor, administrator, council
14
member, school committee member, or member of any state board or commission or member of
15
any part-time municipal board or commission; provided, however, that no additional service credits
16
shall be granted for any service under this subsection;
17
(2) Any retired member, who retired from service at any state college, university, state
18
school, or who retired from service as a teacher under the provisions of title 16, or who retired from
19
service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state
20
college, university, or state school for the purpose of providing classroom instruction, academic
21
advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the
22
salary provided to other faculty members employed under a collective bargaining agreement at the
23
institution. In no event shall “part-time” mean gross pay of more than twenty-five thousand dollars
24
($25,000) in any one calendar year. Any retired member who provides such instruction or service
25
shall do so without forfeiture or reduction of any retirement benefit or allowance; provided,
26
however, that no additional service credits shall be granted for any service under this subsection;
27
(3) Any retired member who retired from service as a teacher under the provisions of title
28
16, or as a state employee who, while an active state employee, was certified to teach driver
29
education by the department of elementary and secondary education or by the board of governors
30
for higher education, may be employed or reemployed, on a part-time basis, by the department of
31
elementary and secondary education or by the board of governors of higher education for the
32
purpose of providing classroom instruction in driver education courses in accordance with § 31-
33
10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event
34
shall “part-time” mean gross pay of more than fifteen thousand dollars ($15,000) in any one

LC005391 - Page 2 of 5
1
calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or
2
reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher;
3
provided, however, that no additional service credits shall be granted for any service under this
4
subsection;
5
(4) Any retired member who retired from service as a registered nurse may be employed
6
or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or
7
services at a state-operated facility in Rhode Island, including employment as a faculty member of
8
a nursing program at a state-operated college or university. In no event shall “part-time” mean gross
9
pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days
10
with half pay in any one calendar year. Any retired nurse who provides such care and/or services
11
shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse
12
is receiving as a retired nurse; provided, however, that no additional service credits shall be granted
13
for any service under this subsection. Pension payments shall be suspended whenever this period
14
is exceeded. No additional contributions shall be taken and no additional service credits shall be
15
granted for this service. Notice of this employment or reemployment shall be sent monthly to the
16
retirement board by the employer and by the retired member;
17
(5) Any retired member who, at the time of passage of this section, serves as a general
18
magistrate within the family court and thereafter retires from judicial service, may be employed or
19
reemployed by the family court to perform such services as a general magistrate of the family court
20
as the chief judge of the family court shall prescribe without any forfeiture or reduction of any
21
retirement benefits and allowances that the member is receiving or may receive. For any such
22
services or assignments performed after retirement, the general magistrate shall receive no
23
compensation whatsoever, either monetary or in kind. No additional contributions shall be taken
24
and no additional service credits shall be granted for this service;
25
(6) Any retired district court clerk/magistrate or magistrate of the district court who shall
26
subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be
27
employed or reemployed by the district court to perform such services as a magistrate as the chief
28
judge of the district court shall prescribe without any forfeiture or reduction of any retirement
29
benefits and allowance that they are receiving or may receive. For any such services or assignment
30
performed after retirement, the district court clerk/magistrate or magistrate shall receive, in addition
31
to their retirement pension, the difference in pay and fringe benefits between their retirement
32
pension, and that of a sitting magistrate of the district court with comparable state service time. No
33
additional contributions shall be taken and no additional service credits shall be granted for this
34
service; and

LC005391 - Page 3 of 5
1
(7) Any retired member of the system, with no exceptions shall be permitted to serve as a
2
municipal employee without any forfeiture or reduction of any retirement benefits and allowances
3
that the member is receiving or may receive
;
.
provided, that said member shall be appointed by and
4
serves at the pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any
5
city or town subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating
6
to the appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor.
7
Provided further, that no additional service credits shall be granted for any service under this
8
subsection.
9
SECTION 2. This act shall take effect upon passage.
========
LC005391
========

LC005391 - Page 4 of 5
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- RETIREMENT SYSTEM --
CONTRIBUTIONS AND BENEFITS
***
1
This act would allow retired state employees to be reemployed by a municipality with no
2
restrictions and with no loss of their existing retirement benefits.
3
This act would take effect upon passage.
========
LC005391
========

LC005391 - Page 5 of 5