AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE (Amends the pension benefits for both current and former Rhode Island State Police members.)

S3152

2026 -- S 3152
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LC005846
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE

Introduced By:
Senators Patalano, Ciccone, Burke, Thompson, LaMountain, Dimitri,
DiPalma, Gallo, Raptakis, and Appollonio

Date Introduced:
March 27, 2026

Referred To:
Senate Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-28-22 of the General Laws in Chapter 42-28 entitled "State
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Police" is hereby amended to read as follows:
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42-28-22. Retirement of members.
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(a) Whenever any member of the state police hired prior to July 1, 2007, has served for
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twenty (20) years, the member may retire therefrom or they may be retired by the superintendent
6
with the approval of the governor, and in either event a sum equal to one-half (½) of the whole
7
salary for the position from which the member retired determined on the date the member receives
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their first retirement payment shall be paid the member during life.
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(b) For purposes of this section, the term “whole salary” means:
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(1) For each member who retired prior to July 1, 1966, “whole salary” means the base
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salary for the position from which the member retired as the base salary for that position was
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determined on July 31, 1972;
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(2) For each member who retired between July 1, 1966, and June 30, 1973, “whole salary”
14
means the base salary for the position from which the member retired as the base salary,
15
implemented by the longevity increment, for that position was determined on July 31, 1972, or on
16
the date of the member’s retirement, whichever is greater;
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(3) For each member who retired or who retires after July 1, 1973,
and prior to July 1,
18
2026,
“whole salary” means the base salary, implemented by the longevity increment, holiday pay,
19
and clothing allowance, for the position from which the member retired or retires.

1

(4) For each member who retires on or after July 1, 2026, “whole salary” means the highest
2
compensation earned by the member during any consecutive twelve (12) month period preceding
3
retirement, including base salary, longevity increment, holiday pay, clothing allowance, and
4
overtime pay to the extent provided in the collective bargaining agreement in place at the time of
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the member’s retirement.
6
(c)(1) Any member who retired prior to July 1, 1977, shall receive a benefits payment
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adjustment equal to three percent (3%) of the member’s original retirement, as determined in
8
subsection (b) of this section, in addition to the member’s original retirement allowance. In each
9
succeeding year thereafter during the month of January, the retirement allowance shall be increased
10
an additional three percent (3%) of the original retirement allowance, not compounded, to be
11
continued until January 1, 1991. For the purposes of the computation, credit shall be given for a
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full calendar year regardless of the effective date of the service retirement allowance. For purposes
13
of this subsection, the benefits payment adjustment shall be computed from January 1, 1971, or the
14
date of retirement, whichever is later in time.
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(2) Any member of the state police who retires pursuant to the provisions of this chapter
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on or after January 1, 1977, shall on the first day of January, next following the third anniversary
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date of the retirement receive a benefits payment adjustment, in addition to their retirement
18
allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each
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succeeding year thereafter during the month of January, the retirement allowance shall be increased
20
an additional three percent (3%) of the original retirement allowance, not compounded, to be
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continued until January 1, 1991. For the purposes of the computation, credit shall be given for a
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full calendar year regardless of the effective date of the service retirement allowance.
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(3) Any retired member of the state police who is receiving a benefit payment adjustment
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pursuant to subsections (c)(1) and (c)(2) of this section shall beginning January 1, 1991, and ending
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June 30, 2012, receive a benefits payment adjustment equal to fifteen hundred dollars ($1,500).
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(4) On July 1, 2026, and each successive January 1 thereafter, all members of the state
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police that retired under the provisions of title 42, or their beneficiaries, shall receive an annual
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benefit adjustment of one thousand five hundred dollars ($1,500), which shall be added to the
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retirement allowance being received, and shall be provided in lieu of any benefit adjustment set
30
forth in this chapter. This benefit adjustment shall be provided, without exception, to all eligible
31
retired members of the state police, or their beneficiaries, receiving a retirement benefit of any kind.
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(d) The benefits payment adjustment as provided in this section shall apply to and be in
33
addition to the retirement benefits under the provisions of § 42-28-5, and to the injury and death
34
benefits under the provisions of § 42-28-21.

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(e)(1) Any member who retires after July 1, 1972, and is eligible to retire prior to July 1,
2
2012, and who has served beyond twenty (20) years shall be allowed an additional amount equal
3
to three percent (3%) for each completed year served after twenty (20) years, but in no event shall
4
the original retirement allowance exceed sixty-five percent (65%) of the member’s whole salary as
5
defined in subsection (b) hereof or sixty-five percent (65%) of the member’s salary as defined in
6
subsection (b) hereof in the member’s twenty-fifth (25th) year whichever is less.
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(2) Each member who retired prior to July 1, 1975, shall be entitled to all retirement
8
benefits as set forth above or shall be paid benefits as set forth in subsection (b)(1) with “whole
9
salary” meaning the base salary for the position from which the member retired as the base salary
10
for the position was determined on July 1, 1975, whichever is greater.
11
(f)(1) Any member who retires, has served as a member for twenty (20) years or more, and
12
who served for a period of six (6) months or more of active duty in the armed service of the United
13
States or in the merchant marine service of the United States as defined in § 2 of chapter 1721 of
14
the Public Laws, 1946, may purchase credit for such service up to a maximum of two (2) years;
15
provided that any member who has served at least six (6) months or more in any one year shall be
16
allowed to purchase one year for such service and any member who has served a fraction of less
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than six (6) months in the member’s total service shall be allowed to purchase six (6) months’ credit
18
for such service.
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(2) The cost to purchase these credits shall be ten percent (10%) of the member’s first year
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salary as a state policeman multiplied by the number of years and/or fraction thereof of such armed
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service up to a maximum of two (2) years. The purchase price shall be paid into the general fund.
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For members hired on or after July 1, 1989, the purchase price shall be paid into a restricted revenue
23
account entitled “state police retirement benefits” and shall be held in trust.
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(3) There will be no interest charge provided the member makes such purchase during their
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twentieth (20th) year or within five (5) years from May 18, 1981, whichever is later, but will be
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charged regular rate of interest as defined in § 36-8-1 as amended to date of purchase from the date
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of the member’s twentieth (20th) year of state service or five (5) years from May 18, 1981,
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whichever is later.
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(4) Any member who is granted a leave of absence without pay for illness, injury, or any
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other reason may receive credit therefor by making the full actuarial cost as defined in § 36-8-
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1(10); provided the employee returns to state service for at least one year upon completion of the
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leave.
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(5) In no event shall the original retirement allowance exceed sixty-five percent (65%) of
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the member’s whole salary as defined in subsection (b) hereof or sixty-five percent (65%) of the

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member’s salary as defined in subsection (b) hereof in the member’s twenty-fifth (25th) year,
2
whichever is less.
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(6) Notwithstanding any other provision of law, no more than five (5) years of service
4
credit may be purchased by a member of the system. The five-year (5) limit shall not apply to any
5
purchases made prior to January 1, 1995. A member who has purchased more than five (5) years
6
of service credits before January 1, 1995, shall be permitted to apply those purchases towards the
7
member’s service retirement. However, no further purchase will be permitted. Repayment in
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accordance with applicable law and regulation of any contribution previously withdrawn from the
9
system shall not be deemed a purchase of service credit.
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(g) The provisions of this section shall not apply to civilian employees in the Rhode Island
11
state police; and, further, from and after April 28, 1937, chapters 8 — 10, inclusive, of title 36 shall
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not be construed to apply to the members of the Rhode Island state police, except as provided by
13
§§ 36-8-3, 36-10-1.1, 42-28-22.1, and 42-28-22.2
, and § 36-8-1(5) and (8)(a) effective July 1, 2012
.
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(h) Any member of the state police other than the superintendent of state police, who is
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hired prior to July 1, 2007, and who has served for twenty-five (25) years or who has attained the
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age of sixty-two (62) years, whichever shall first occur, shall retire therefrom.
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(i)(1) Any member of the state police, other than the superintendent, who is hired on or
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after July 1, 2007,
and retires prior to July 1, 2026,
and who has served for twenty-five (25) years,
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may retire therefrom or the member may be retired by the superintendent with the approval of the
20
governor, and shall be entitled to a retirement allowance of fifty percent (50%) of the member’s
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“whole salary” as defined in subsection (b) hereof.
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(2) Any member of the state police who is hired on or after July 1, 2007,
and retires prior
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to July 1, 2026,
may serve up to a maximum of thirty (30) years, and shall be allowed an additional
24
amount equal to three percent (3.0%) for each completed year served after twenty-five (25) years,
25
but in no event shall the original retirement allowance exceed sixty-five percent (65%) of his or her
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“whole salary” as defined in subsection (b) hereof.
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(j) Effective July 1, 2012,
and ending June 30, 2026,
any other provision of this section
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notwithstanding:
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(1) Any member of the state police, other than the superintendent of state police, who is
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not eligible to retire on or prior to June 30, 2012, may retire at any time subsequent to the date the
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member’s retirement allowance equals or exceeds fifty percent (50%) of average compensation as
32
defined in § 36-8-1(5)(a), provided that a member shall retire upon the first to occur of:
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(i) The date the member’s retirement allowance equals sixty-five percent (65%); or
34
(ii) The later of the attainment of age sixty-two (62) or completion of five (5) years of

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service; provided however, any current member as of June 30, 2012, who has not accrued fifty
2
percent (50%) upon attaining the age of sixty-two (62) shall retire upon accruing fifty percent
3
(50%); and upon retirement a member shall receive a retirement allowance which shall equal:
4
(A) For members hired prior to July 1, 2007, the sum of (i), (ii), and (iii) where:
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(i) is calculated as the member’s years of total service before July 1, 2012, multiplied by
6
two and one-half percent (2.5%) of average compensation for a member’s first twenty (20) total
7
years,
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(ii) is calculated as the member’s years of total service before July 1, 2012, in excess of
9
twenty (20) years not to exceed twenty-five (25) years multiplied by three percent (3%) of average
10
compensation, and
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(iii) is the member’s years of total service on or after July 1, 2012, multiplied by two
12
percent (2%) of average compensation as defined in § 36-8-1(5)(b).
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(B) For members hired on or after July 1, 2007, the member’s retirement allowance shall
14
be calculated as the member’s years of total contributory service multiplied by two percent (2%)
15
of average compensation.
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(C) Any member of the state police who is eligible to retire on or prior to June 30, 2012,
17
shall retire with a retirement allowance calculated in accordance with subsections (a) and (e) above
18
except that whole salary shall be defined as final compensation where compensation for purposes
19
of this section and § 42-28-22.1 includes base salary, longevity, and holiday pay.
20
(D) Notwithstanding the preceding provisions, in no event shall a member’s final
21
compensation be lower than their final compensation determined as of June 30, 2012.
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(2) In no event shall a member’s original retirement allowance under any provisions of this
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section exceed sixty-five percent (65%) of their average compensation.
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(3) For each member who retires on or after July 1, 2012, except as provided in subsection
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(j)(1)(ii)(C) above, compensation and average compensation shall be defined in accordance with §
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36-8-1(5)(a) and (8), provided that for a member whose regular work period exceeds one hundred
27
forty-seven (147) hours over a twenty-four-day (24) period at any time during the four-year (4)
28
period immediately prior to the member’s retirement, that member shall have up to four hundred
29
(400) hours of their pay for regularly scheduled work earned during this period shall be included
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as “compensation” and/or “average compensation” for purposes of this section and § 42-28-22.1.
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(4) This subsection (j)(4) shall be effective for the period July 1, 2012, through June 30,
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2015.
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(i) Notwithstanding the prior subsections of this section, and subject to subsection (j)(4)(ii)
34
below, for all present and former members, active and retired members, and beneficiaries receiving

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any retirement, disability or death allowance or benefit of any kind, whether for or on behalf of a
2
non-contributory member or contributory member, the annual benefit adjustment provided in any
3
calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the
4
percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the
5
Five-Year Average Investment Return of the retirement system determined as of the last day of the
6
plan year preceding the calendar year in which the adjustment is granted, said percentage not to
7
exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser
8
of the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of
9
retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually
10
in the same percentage as determined under (4)(i)(A) above. The “Five-Year Average Investment
11
Return” shall mean the average of the investment returns for the most recent five (5) plan years as
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determined by the retirement board. Subject to subsection (j)(4)(ii) below, the benefit adjustment
13
provided by this subsection (j)(4)(i) shall commence upon the third (3rd) anniversary of the date of
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retirement or the date on which the retiree reaches age fifty-five (55), whichever is later. In the
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event the retirement board adjusts the actuarially assumed rate of return for the system, either
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upward or downward, the subtrahend shall be adjusted either upward or downward in the same
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amount.
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(ii) Except as provided in subsection (j)(4)(iii), the benefit adjustments under this section
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for any plan year shall be suspended in their entirety unless the funded ratio of the employees’
20
retirement system of Rhode Island, the judicial retirement benefits trust, and the state police
21
retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty
22
percent (80%) in which event the benefit adjustment will be reinstated for all members for such
23
plan year.
24
In determining whether a funding level under this subsection (j)(4)(ii) has been achieved,
25
the actuary shall calculate the funding percentage after taking into account the reinstatement of any
26
current or future benefit adjustment provided under this section.
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(iii) Notwithstanding subsection (j)(4)(ii), in each fifth plan year commencing after June
28
30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of
29
five (5) plan years, a benefit adjustment shall be calculated and made in accordance with subsection
30
(j)(4)(i) above until the funded ratio of the employees’ retirement system of Rhode Island, the
31
judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the
32
system’s actuary on an aggregate basis, exceeds eighty percent (80%).
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(iv) The provisions of this subsection (j)(4) shall become effective July 1, 2012, and shall
34
apply to any benefit adjustment not granted on or prior to June 30, 2012.

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(v) The cost-of-living adjustment as provided in this subsection (j)(4) shall apply to and be
2
in addition to the retirement benefits under the provisions of § 42-28-5 and to the injury and death
3
benefits under the provisions of § 42-28-21.
4
(5) This subsection (j)(5) shall become effective July 1, 2015.
5
(i)(A) As soon as administratively reasonable following the enactment into law of this
6
subsection (j)(5)(i)(A), a one-time benefit adjustment shall be provided to members and/or
7
beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent
8
(2%) of the lesser of either the member’s retirement allowance or the first twenty-five thousand
9
dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be
10
provided without regard to the retiree’s age or number of years since retirement.
11
(B) Notwithstanding the prior subsections of this section, for all present and former
12
members, active and retired members, and beneficiaries receiving any retirement, disability or
13
death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year
14
under this section for adjustments on and after January 1, 2016, and subject to subsection (j)(5)(ii)
15
below, shall be equal to (I) multiplied by (II):
16
(I) shall equal the sum of fifty percent (50%) of (1) plus fifty percent (50%) of (2) where:
17
(1) is equal to the percentage determined by subtracting five and one-half percent (5.5%)
18
(the “subtrahend”) from the five-year average investment return of the retirement system
19
determined as of the last day of the plan year preceding the calendar year in which the adjustment
20
is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent
21
(0%). The “five-year average investment return” shall mean the average of the investment returns
22
of the most recent five (5) plan years as determined by the retirement board. In the event the
23
retirement board adjusts the actuarially assumed rate of return for the system, either upward or
24
downward, the subtrahend shall be adjusted either upward or downward in the same amount.
25
(2) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer
26
Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor
27
Statistics determined as of September 30 of the prior calendar year.
28
In no event shall the sum of (1) plus (2) exceed three and one-half percent (3.5%) or be
29
less than zero percent (0%).
30
(II) is equal to the lesser of either the member’s retirement allowance or the first twenty-
31
five thousand eight hundred fifty-five dollars ($25,855) of retirement allowance, such amount to
32
be indexed annually in the same percentage as determined under (j)(5)(i)(B)(I) above. The benefit
33
adjustments provided by this subsection (j)(5)(i)(B) shall be provided to all retirees entitled to
34
receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other

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retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement
2
or the date on which the retiree reaches their Social Security retirement age, whichever is later.
3
(ii) Except as provided in subsection (j)(5)(iii), the benefit adjustments under subsection
4
(j)(5)(i)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the
5
employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state
6
police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds
7
eighty percent (80%) in which event the benefit adjustment will be reinstated for all members for
8
such plan year. Effective July 1, 2024, the funded ratio of the employees’ retirement system of
9
Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust,
10
calculated by the system’s actuary on an aggregate basis, of exceeding eighty percent (80%) for the
11
benefit adjustment to be reinstated for all members for such plan year shall be replaced with
12
seventy-five percent (75%).
13
In determining whether a funding level under this subsection (j)(5)(ii) has been achieved,
14
the actuary shall calculate the funding percentage after taking into account the reinstatement of any
15
current or future benefit adjustment provided under this section.
16
(iii) Notwithstanding subsection (j)(5)(ii), in each fourth plan year commencing after June
17
30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of
18
four plan years: (A) A benefit adjustment shall be calculated and made in accordance with
19
subsection (j)(5)(i)(B) above; and (B) Effective for members and/or beneficiaries of members who
20
retired on or before June 30, 2015, the dollar amount in (j)(5)(i)(B)(II) of twenty-five thousand
21
eight hundred fifty-five dollars ($25,855) shall be replaced with thirty-one thousand twenty-six
22
dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the
23
judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the
24
system’s actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1, 2024, the
25
funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits
26
trust, and the state police retirement benefits trust, calculated by the system’s actuary on an
27
aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent
28
(75%).
29
(iv) Effective for members and/or beneficiaries of members who have retired on or before
30
July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60)
31
days following the enactment of the legislation implementing this provision, and a second one-time
32
stipend of five hundred dollars ($500) in the same month of the following year. These stipends
33
shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable
34
payment date and shall not be considered cost of living adjustments under the prior provisions of

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this section.
2
(6) Any member with contributory service on or after July 1, 2012, who has completed at
3
least five (5) years of contributory service but who has not retired in accordance with subsection
4
(j)(1) above, shall be eligible to retire upon the attainment of the member’s Social Security
5
retirement age as defined in § 36-8-1(20).
6
(7) In no event shall a member’s retirement allowance be less than the member’s retirement
7
allowance calculated as of June 30, 2012, based on the member’s years of total service and whole
8
salary as of June 30, 2012.
9
(k) In calculating the retirement benefit for any member, the term base salary as used in
10
subsection (b)(3) or average compensation as used in subsection (j) shall not be affected by a
11
deferral of salary plan or a reduced salary plan implemented to avoid shutdowns or layoffs or to
12
effect cost savings. Basic salary shall remain for retirement calculation that which it would have
13
been but for the salary deferral or salary reduction due to a plan implemented to avoid shutdowns
14
or layoffs or to effect cost savings.
15

(l) On and after July 1, 2026, notwithstanding any provision to the contrary:
16

(1) Any member of the state police who is hired prior to July 1, 2007, who has served for
17
twenty (20) years, may retire therefrom, or the member may be retired by the superintendent with
18
the approval of the governor, and shall be entitled to a retirement allowance of fifty percent (50%)
19
of whole salary as defined in subsection (b)(4) of this section. Such members may serve up to a
20
maximum of twenty-five (25) years, and shall be allowed an additional amount equal to three
21
percent (3.0%) for each completed year served after twenty (20) years, but in no event shall the
22
original retirement allowance exceed sixty-five percent (65%) of the member’s “whole salary” as
23
defined in subsection (b)(4) of this section.
24

(2) Any member of the state police hired on or after July 1, 2007, who has served for
25
twenty-five (25) years, may retire therefrom, or the member may be retired by the superintendent
26
with the approval of the governor, and shall be entitled to a retirement allowance of fifty percent
27
(50%) of whole salary as defined in subsection (b)(4) of this section. Such members may serve a
28
maximum of thirty (30) years, and shall be allowed an additional amount equal to three percent
29
(3.0%) for each completed year served after twenty-five (25) years, but in no event shall the original
30
retirement allowance exceed sixty-five percent (65%) of the member’s “whole salary” as defined
31
in subsection (b)(4) of this section.
32

(m) Any member of the state police, or their beneficiary, who retired on or after July 1,
33
2012, and prior to July 1, 2026, shall have their retirement allowance recalculated prospectively to
34
reflect the benefit provided in subsections (b)(4) and (l) of this section. Nothing in this subsection

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shall be construed to afford retired members a retroactive benefit adjustment for any period prior
2
to July 1, 2026. This provision shall be implemented as soon as administratively feasible.
3
SECTION 2. This act shall take effect on July 1, 2026.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE POLICE
***
1
This act would amend the pension benefits for both current and former Rhode Island State
2
Police members by increasing the maximum retirement allowance and permitting additional
3
percentage accruals for years of service beyond base thresholds, subject to a cap of sixty-five
4
percent (65%) of whole salary. It would also provide for the prospective recalculation of benefits
5
for retirees who retired on or after July 1, 2012, and prior to July 1, 2026, without retroactive
6
adjustments prior to July 1, 2012. Additionally, this act would extend the time period a member
7
may serve in the Rhode Island State Police. Additionally this act would provide that all retired
8
members of the state police would receive an annual benefit of one thousand five hundred dollars
9
($1,500) starting July 1, 2026, and each successive January 1 thereafter.
10
This act would take effect on July 1, 2026.
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