Trifari v. Employees' Ret. System of Providence

485 A.2d 100, 21 Educ. L. Rep. 931, 1984 R.I. LEXIS 634
CourtSupreme Court of Rhode Island
DecidedDecember 7, 1984
Docket82-217-Appeal
StatusPublished
Cited by10 cases

This text of 485 A.2d 100 (Trifari v. Employees' Ret. System of Providence) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trifari v. Employees' Ret. System of Providence, 485 A.2d 100, 21 Educ. L. Rep. 931, 1984 R.I. LEXIS 634 (R.I. 1984).

Opinion

OPINION

SHEA, Justice.

This is an appeal by the plaintiffs from a judgment of the Superior Court in favor of the defendants in a declaratory-judgment action. The issue before the court is the plaintiffs’ entitlement to increased service retirement benefits provided to pensioners by reason of P.L.1974, ch. 267. We reverse.

The plaintiffs represent and are members of a class of 112 retired school teachers of the city of Providence, some of whom are now deceased. On July 1, 1974, all of the class members were recipients of pensions from the Employees’ Retirement System of the City of Providence, created pursuant to P.L.1923, ch. 489. Some members of the class of plaintiffs were retired prior to January 1, 1968, and the remainder retired after January 1, 1968, but before October 1, 1973. Effective July 1, 1974, chapter 489 of P.L.1923 was amended by P.L.1974, ch. 267, § 4, which added subdivision 13, entitled “Additional Benefits,” to chapter 489. Pursuant to such amendment, any pensioner retiring before January 1,1968, who had completed twenty-five years of service was entitled to an increase in his or her base monthly pension to $250. Those pensioners who had completed less than twenty-five years of service were entitled to one-twenty-fifth of the above minimum benefits for each year of service. Those persons retiring before October 1, 1973, were to receive a 6 percent increase in their then-current pension or the base monthly pension of $250, whichever was greater.

The controversy presented by this case focuses on an act of the Legislature passed in 1948 and how this act affects plaintiffs’ status as pensioners under the local system.

In 1948 the General Assembly passed P.L.1948, ch. 2101, codified at G.L.1956 *101 chapter 16 of title 16 entitled “An Act Providing a State-Wide Retirement System for School Teachers of the Several Cities and Towns of the State,” effective July 1, 1949. This act authorized the establishment of a separate statewide retirement system under which all public school teachers within the state, including these plaintiffs, were required to become members of the system and to make contributions thereto. Under section 5(1) of chapter 2101 of P.L.1948, G.L.1956 § 16-16-18,

Every teacher employed by the City of Providence or the City of Newport who becomes a member of the state retirement system under the provisions of this act shall thereupon cease to be a member of the Employees’ Retirement System of the City of Providence * * *, except to the extent necessary to secure to such teacher the rights and benefits provided in this section and no such teacher shall be required to make contributions under any pension or retirement system of said City of Providence * * *.

With respect to accumulated contributions standing to the credit of teachers in the local city system, including these plaintiffs, section 5 of chapter 2101 of P.L.1948, G.L.1956 § 16-17-17 provides that

The vested rights of every teacher who on June 30, 1949 was a member of the Employees’ Retirement System of the City of Providence * * * are hereby guaranteed and secured as hereinafter provided in this section.

Under subsections (2) and (3) of section 5, teachers were given the option either to withdraw the full amount of their contributions with accrued interest, whereupon their rights and benefits under the local system would cease, or to leave their contributions in the local system and thereafter be entitled to the benefits under said system with the additional proviso that any optional contributions over and above the mandatory member contributions could be withdrawn without affecting the benefits to be paid to such teachers.

In accordance with the language of section 5(3)(a) and (b), said benefits were to be determined as of June 30, 1949, and were to be paid as follows: (a) for as long as such teacher continued under the employ of the city of Providence, accumulated contributions in the annuity savings fund would be increased by interest compounded at the rate of 2 percent per annum and on retirement an annuity of equivalent actuarial value would be paid and (b) the amount of reserve held in the pension accumulation fund would be similarly determined, increased by a like percentage, and a pension paid on retirement of equivalent actuarial value to the reserve.

Following a denial of their claim by the Retirement Board of the City of Providence, plaintiffs sought a declaration of their status in Superior Court. They maintain that the language of P.L.1948, ch. 2101, G.L.1956 chapter 16 of title 16, when read together with P.L.1974, ch. 267, evinces a clear legislative intent to protect their status as pensioners and beneficiaries of both systems, thereby entitling them to the additional benefits contained in the amendment to the city’s retirement system. The defendants, on the other hand, contend that plaintiffs were removed from the Retirement System of the City of Providence by P.L.1948, ch. 2101, § 16-16-18, which created a separate retirement system for all teachers in the state, and by virtue of such removal, no amendment of P.L.1923, ch. 489, which occurred after the enactment of P.L.1948, ch. 2101, could possibly affect these plaintiffs. The Superior Court granted defendant’s motion for summary judgment on March 31, 1982, and plaintiffs appealed.

The issue for our consideration is the proper construction of the law as amended with respect to those having pensionable status when it was amended. We note at the outset our standard of review with respect to statutory construction: “Our paramount task in construing a statute is to ascertain the intent behind its enactment and to effectuate that intent whenever it is *102 lawful and within the competence of the Legislature.” Dunne Leases Cars & Trucks, Inc. v. Kenworth Truck Co., R.I., 466 A.2d 1153, 1156 (1983). “In construing a statute, this court must give effect to all parts of a statute; the words used therein must be given their plain and customary-meaning. * * * If the statutory language is clear and unambiguous, the statute must be interpreted literally.” Murphy v. Murphy, R.I., 471 A.2d 619, 622 (1984). We are not aided in our task by any legislative history, nor has the particular legislation at issue here been expressly ruled on in any earlier Rhode Island cases. The plaintiffs call our attention to Costantino v. Employees’ Retirement System of Providence, 111 R.I. 113, 300 A.2d 51 (1973), where this court held that “once an employee submits his retirement application to the board and it is accepted, his status is no longer that of a member of the system but rather he then becomes a beneficiary * * * whose benefits will be paid at some future date.” Id. at 115, 300 A.2d at 52. No one disputes this view. The question here is whether the Legislature contemplated these particular plaintiffs when it used the words “any pensioner” in P.L.1974, ch. 267, § 4(13). That section provides:

Additional Benefits.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marran v. Baird
635 A.2d 1174 (Supreme Court of Rhode Island, 1994)
Kirby v. Planning Board of Review
634 A.2d 285 (Supreme Court of Rhode Island, 1993)
Link v. State
633 A.2d 1345 (Supreme Court of Rhode Island, 1993)
Cranston General Hospital v. De Buono, 90-1724 (1991)
Superior Court of Rhode Island, 1991
Opinion No. (1989)
Oklahoma Attorney General Reports, 1989
Pizza Hut of America, Inc. v. Pastore
519 A.2d 592 (Supreme Court of Rhode Island, 1987)
Mullins v. Bordeleau
517 A.2d 600 (Supreme Court of Rhode Island, 1986)
Opinion No. (1985)
Oklahoma Attorney General Reports, 1985

Cite This Page — Counsel Stack

Bluebook (online)
485 A.2d 100, 21 Educ. L. Rep. 931, 1984 R.I. LEXIS 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trifari-v-employees-ret-system-of-providence-ri-1984.