§ 36-10-9.2. Retirement on service allowance — Correctional officers.
(a) This section shall apply to the retirement of members employed as assistant director
(adult services), assistant deputy director, chief of inspection, and associate directors,
correctional officer, chief of security, work rehabilitation program supervisor, supervisor
of custodial records and reports, and classification counselor within the department
of corrections.
(b)(1) Any member who has attained the age of fifty (50) years may be retired subsequent
to the proper execution and filing of a written application; provided, however, that
the member shall have completed twenty (20) years of total service within the department
of corrections and who retires before October 1, 2009, or is eligible to retire as
of September 30, 2009.
(2) For members who become eligible to retire on or after October 1, 2009, benefits are
available to members who have attained the age of fifty-five (55) and have completed
at least twenty-five (25) years of total contributory service within the department
of corrections. For members in service as of October 1, 2009, who were not eligible
to retire as of September 30, 2009, but who are eligible to retire on or prior to
June 30, 2012, the minimum retirement age of fifty-five (55) will be adjusted downward
in proportion to the amount of service the member has earned as of September 30, 2009.
The proportional formula shall work as follows:
(i) The formula shall determine the first age of retirement eligibility under the laws
in effect on September 30, 2009, which shall then be subtracted from the minimum retirement
age of fifty-five (55).
(ii) The formula shall then take the member's total service credit as of September 30,
2009, as the numerator and the years of service credit determined under (b)(2)(i)
as the denominator.
(iii) The fraction determined in (b)(2)(ii) shall then be multiplied by the age difference
determined in (b)(2)(i) to apply a reduction in years from age fifty-five (55).
(c) Any member with contributory service on or after July 1, 2012, who has completed at
least five (5) years of contributory service but who has not completed twenty-five
(25) years of contributory service, shall be eligible to retire upon the attainment
of the member's Social Security retirement age or, notwithstanding any other provisions,
effective July 1, 2015, members in active service shall be eligible to retire upon
the earlier of:
(1) The attainment of at least age sixty-five (65) and the completion of at least thirty
(30) years of total service, or the attainment of at least age sixty-four (64) and
the completion of at least thirty-one (31) years of total service, or the attainment
of at least age sixty-three (63) and the completion of at least thirty-two (32) years
of total service, or the attainment of at least age sixty-two (62) and the completion
of at least thirty-three (33) years of total service; or
(2) The member's retirement eligibility date under § 36-10-9(1)(c)(ii).
(d) Any member who shall have rendered service both as a state employee under § 36-10-9 and/or as a teacher under § 16-16-12, and service under subsection (a) of this section, shall be eligible to elect to
combine the member's service under subsection (a) of this section and service under
§ 36-10-9 and/or § 16-16-12 to determine the member's retirement eligibility date under § 36-10-9 or § 16-16-12. For any member making this election, the member will receive a single benefit equal
to the accrued benefit computed under § 36-10-10.2, plus the accrued benefit computed under § 36-10-10 and/or § 16-16-13.
(e) The provisions of subsection (d) shall also apply to members who have retired on a
service retirement allowance on or after July 1, 2012. Any such request for adjustment
shall be in writing to the retirement board and shall apply prospectively from the
date the request is received by the retirement board.