§ 16-16-1. Definitions.
(a) The following words and phrases used in this chapter, unless a different meaning is
plainly required by the context, have the following meanings:
(1) "Active member� means any teacher as defined in this section for whom the retirement
system is currently receiving regular contributions pursuant to §§ 16-16-22 and 16-16-22.1.
(2) "Beneficiary� means any person in receipt of annuity, benefit, or retirement allowance
from the retirement system as provided in this chapter.
(3) "Child� includes a stepchild of a deceased member who has been a stepchild for at
least one year immediately preceding the date on which the member died or an adopted
child of a deceased member without regard to the length of time the child has been
adopted.
(4) "Former spouse divorced� means a person divorced from a deceased member, but only
if the person meets one of the following conditions:
(i) Is the mother or father of the deceased member's child(ren);
(ii) Legally adopted the deceased member's child(ren) while married to the deceased member
and while the child(ren) was under the age of eighteen (18) years;
(iii) Was married to the deceased member at the time both of them legally adopted a child(ren)
under the age of eighteen (18) years; or
(iv) Was married to the deceased member for ten (10) or more years and to whom the deceased
member was required by a court order to contribute post-divorce support.
(5) "Member� means any person included in the membership of the retirement system under
the provisions of this chapter.
(6) "Prior service� means service as a teacher rendered prior to the first day of July,
1949, certified on the teacher's prior service certificate and allowable as prior
service under the provisions of this chapter.
(7) "Retired teacher� means any teacher who retired prior to July 1, 1949, pursuant to
the provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in
receipt of a pension under the provisions of that chapter.
(8) "Retirement system� and "system� means the employees' retirement system of the state
of Rhode Island created by chapter 8 of title 36, and "retirement board� means the board established under that chapter.
(9) "Salary� or "compensation� includes any and all salary paid for teaching services
regardless of whether any part of the salary or compensation is derived from any state
or federal grant or appropriation for teachers' salaries, as the term is defined in
§ 36-8-1(8). "Average compensationâ€� shall be defined in accordance with § 36-8-1(5)(b).
(10) "Service� means service as a teacher as described in subdivision (12) of this section.
Periods of employment as teacher, principal, assistant principal, supervisor, superintendent,
or assistant superintendent shall be combined in computing periods of service and
employment.
(11) "Spouse� means the surviving person who was married to a deceased member, but only
if the surviving person meets one of the following conditions:
(i) Was married to the deceased member for not less than one year immediately prior to
the date on which the member died;
(ii) Is the mother or father of the deceased member's child(ren);
(iii) Legally adopted the deceased member's child(ren) while married to the deceased member
and while the child(ren) was under the age of eighteen (18) years; or
(iv) Was married to the deceased member at the time both of them legally adopted a child(ren)
under the age of eighteen (18) years.
(12) "Teacher� means a person required to hold a certificate of qualification issued by
or under the authority of the council on elementary and secondary education and who
is engaged in teaching as their principal occupation and is regularly employed as
a teacher in the public schools of any city or town in the state, or any formalized,
commissioner approved, cooperative service arrangement. The term includes a person
employed as a teacher, supervisor, principal, assistant principal, superintendent,
or assistant superintendent of schools, director, assistant director, coordinator,
consultant, dean, assistant dean, educational administrator, nurse teacher, and attendance
officer or any person who has worked in the field of education or is working in the
field of education who holds a teaching or administrative certificate. In determining
the number of days served by a teacher the total number of days served in any public
school of any city or town in the state may be combined for any one school year. The
term also includes a school business administrator whether or not the administrator
holds a teaching or administrative certificate, and also includes occupational therapists
and physical therapists licensed by the department of health and employed by a school
committee in the state, or by any formalized, commissioner approved, cooperative service
arrangement.
(13) "Teaching� includes teaching, supervising, and superintending or assistant superintending
of schools.
(14) "Total service� means prior service as defined in subdivision (6) of this section,
plus service rendered as a member of the system on or after the first day of July,
1949.
(15) For purposes of this chapter, "domestic partner� shall be defined as a person who,
prior to the decedent's death, was in an exclusive, intimate, and committed relationship
with the decedent, and who certifies by affidavit that their relationship met the
following qualifications:
(i) Both partners were at least eighteen (18) years of age and were mentally competent
to contract;
(ii) Neither partner was married to anyone else;
(iii) Partners were not related by blood to a degree that would prohibit marriage in the
state of Rhode Island;
(iv) Partners resided together and had resided together for at least one year at the time
of death; and
(v) Partners were financially interdependent as evidenced by at least two (2) of the following:
(A) Domestic partnership agreement or relationship contract;
(B) Joint mortgage or joint ownership of primary residence;
(C) Two (2) of: (I) Joint ownership of motor vehicle; (II) Joint checking account; (III)
Joint credit account; (IV) Joint lease; and/or
(D) The domestic partner had been designated as a beneficiary for the decedent's will,
retirement contract, or life insurance.
(b) The masculine pronoun wherever used shall also include the feminine pronoun.
(c) Any term not specifically defined in this chapter and specifically defined in chapters
8 — 10 of title 36 shall have the same definition as set forth in chapters 8 — 10
of title 36.