AN ACT RELATING TO TOWNS AND CITIES -- RETIREMENT OF MUNICIPAL EMPLOYEES (Provides for the re-employment of public safety retirees under certain conditions.)

H8143

2026 -- H 8143
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LC005478
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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 TOWNS AND CITIES -- RETIREMENT OF MUNICIPAL EMPLOYEES

Introduced By:
Representatives Casimiro, Donovan, Spears, Read, Potter, Alzate, and
Shallcross Smith

Date Introduced:
February 27, 2026

Referred To:
House Municipal Government & Housing
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 45-21 of the General Laws entitled "Retirement of Municipal
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Employees" is hereby amended by adding thereto the following section:
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45-21-54.1. Optional post-retirement employment for certain public safety
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administrators.

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(a) Definitions. As used in this section:
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(1) “Administrative position” means a police chief, deputy chief, assistant chief, fire chief,
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deputy chief, assistant chief, fire marshal, public safety director, town manager, city manager, or
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other department-head position designated as administrative by the retirement board by rule or
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regulation.
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(2) “Optional post-retirement employment election” means an affirmative written election
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made by a public safety retiree under this section.
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(3) “Public safety retiree” means a retired member of the municipal employees’ retirement
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system who retired from service as a police officer or firefighter and is receiving a service
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retirement allowance pursuant to this chapter.
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(b) Optional election. Notwithstanding the provisions of § 45-21-54 or any general or
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special law to the contrary, a public safety retiree may elect to be reemployed by a municipal
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employer in an administrative position without limitation on the number of days worked or the
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compensation earned, in lieu of the post-retirement employment limitations otherwise applicable
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under this chapter.

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(c) No additional retirement benefit. A retiree participating under this section:
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(1) Shall not accrue additional service credit in the municipal employees’ retirement
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system;
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(2) Shall not be eligible for recalculation, enhancement, or increase of retirement benefits
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as a result of such reemployment;
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(3) Shall remain subject to all applicable federal tax requirements, including bona fide
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termination of employment prior to retirement.
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(d) Contribution requirement.
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(1) A public safety retiree who elects optional post-retirement employment under this
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section shall remit a contribution equal to five percent (5%) of the compensation earned during the
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period of reemployment.
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(2) The contribution shall be remitted to the employees’ retirement system of Rhode Island
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by the employer in a manner prescribed by the retirement board.
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(3) Contributions made pursuant to this subsection shall not be credited toward service
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credit or used in the calculation of any retirement benefit.
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(4) The contribution required under this subsection may be paid by the retiree, the
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employer, or shared between the parties as determined by agreement.
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(e) Age limitation. A public safety retiree shall not participate in optional post-retirement
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employment under this section after attaining sixty-eight (68) years of age.
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(f) Same position restriction. A retiree shall not retire and be reemployed under this section
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in the same position held immediately prior to retirement.
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(g) Rules and regulations. The retirement board shall promulgate such rules and regulations
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as are necessary to implement and administer the provisions of this section, including verification
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of eligible administrative positions, reporting procedures, contribution remittance, and compliance
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with federal law.
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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 TOWNS AND CITIES -- RETIREMENT OF MUNICIPAL EMPLOYEES
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This act would provide for the re-employment of public safety retirees under certain
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conditions.
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This act would take effect upon passage.
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LC005478
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