§ 36-7-2. Definitions.
For the purposes of §§â€‚36-7-1 — 36-7-31, 36-7-33.1, and 36-7-35, the following terms shall have the meanings indicated unless different meanings
are clearly expressed or required by the context:
(1) "Agency of the state� shall mean:
(i) All departments, divisions, agencies, and instrumentalities of the state which are
not juristic entities, legally separate and distinct from the state;
(ii) Civilian employees of the Rhode Island national guard; or
(iii) Any instrumentality of the state such as fire districts, water districts, water authorities,
sewer commissions and authorities, housing authorities, or other instrumentality of
the state which are a juristic entity and legally separate and distinct from the state
and if the employees of the instrumentality are not by virtue of their relation to
juristic entity employees of the state. Without limiting the generality of the foregoing,
examples of those agencies would be the Kent County water authority, the Providence
housing authority, the Blackstone Valley sewer district commission, and other like
instrumentalities of the state.
(2) "City or town� shall mean:
(i) Any city or town of the state of Rhode Island, inclusive of any department, division,
agency, board, commission, or bureau thereof;
(ii) Any instrumentality of a city or town which is a juristic entity and legally separate
and distinct from the city or town and if its employees are not by virtue of their
relation to the juristic entity employees of the city or town; or
(iii) Any instrumentality of two or more citizens and/or towns which is a juristic entity
as provided in subdivision (ii) hereof.
(3) "IRC� shall mean the Internal Revenue Code of 1986, as amended.
(4) "Coverage group� shall mean:
(i) All employees of the state other than those engaged in performing service in connection
with a proprietary function;
(ii) All employees of a city or town other than those engaged in performing service in
connection with a single proprietary function;
(iii) All employees of the state engaged in performing service in connection with a single
proprietary function;
(iv) All employees of an agency of the state;
(v) All employees of a city or town of the state engaged in performing service in connection
with a single proprietary function. If under the preceding sentence an employee would
be included in more than one coverage group by reason of the fact that he or she performs
service in connection with two (2) or more proprietary functions or in connection
with both a proprietary function and a nonproprietary function, he or she shall be
included in only one coverage group. The determination of the coverage group in which
the employee shall be included shall be made in such manner as may be specified in
the agreement. Members of retirement systems shall constitute separate coverage groups
as provided in §â€‚36-7-10.
(5) "Employee� shall mean any officer or employee of any city, town, or agency of the
state receiving salaries or wages for employment.
(6) "Employment� shall mean any service performed by an employee for wages as a member
of a coverage group as herein defined, including service of an emergency nature, service
in any class or classes of elective positions and service in part-time positions,
but excluding the following:
(i) Service in a position the compensation for which is on a fee basis;
(ii) Service performed by election officials or election workers for calendar year 2003
in which the remuneration paid for that service is less than one thousand two hundred
fifty dollars ($1,250), and for each calendar year after 2003 in which the remuneration
paid is less than the adjusted amount in accordance with section 218(c)(8)(B) of the
Social Security Act;
(iii) Service which under the federal Social Security Act may not be included in an agreement
between the state and the secretary entered into under this chapter;
(iv)(A) Service which, in the absence of an agreement entered into under §§â€‚36-7-1 — 36-7-31, would constitute "employmentâ€� as defined in the federal Social Security Act. Service
which under the federal Social Security Act may be included in an agreement only upon
certification by the governor in accordance with §â€‚218(d)(3) of the federal Social
Security Act, 42 U.S.C. §â€‚418(d)(3), shall be included in the term "employmentâ€� if and when the governor issues, with
respect to that service, a certificate to the secretary, pursuant to §â€‚36-7-19.
(B) Notwithstanding any of the foregoing, if pursuant to §â€‚141 of P.L. 92-603, 42 U.S.C. §â€‚418, the state agreement with the federal government referred to in §â€‚36-7-3 is modified appropriately at any time prior to January 1, 1974, the term "employmentâ€�
with respect to any coverage group specified in the modification shall, effective
after the effective date specified in the modification, include services in designated
part-time positions but not services performed in the employ of a school, college,
or university by a student who is enrolled and regularly attending classes at that
school, college, or university.
(7) "FARP� shall mean the FICA Alternative Retirement Income Security Program as described
in §â€‚36-7-33.1.
(8) "FARP-eligible employee� shall mean any part-time, seasonal, or temporary employee
of the state of Rhode Island who is ineligible for participation in the Employees'
Retirement System of Rhode Island.
(9) "FARP part-time employee� shall mean an employee of the state of Rhode Island who
works less than twenty (20) hours per week, in accordance with IRC standards.
(10) "Federal Insurance Contributions Act� or "FICA� shall mean subchapter A of chapter
9 of the federal Internal Revenue Code of 1939, subchapters A and B of chapter 21
of the federal Internal Revenue Code of 1954, and subchapters A and B of chapter 21
of the federal Internal Revenue Code of 1986 as those codes have been and may from
time to time be amended; and the term "employee tax� shall mean the tax imposed by
§â€‚1400 of the code of 1939, §â€‚3101 of the code of 1954, and §â€‚3101 of the code of
1986.
(11) "Federal Social Security Act,â€� 42 U.S.C. §â€‚301 et seq., shall mean the act of Congress approved August 14, 1935, officially cited
as the "Social Security Act,� including any amendments thereto, and any regulations,
directives, or requirements interpretative or implementive thereof.
(12) "Part-time employment� shall mean any employment by those who work on a regularly
scheduled basis regardless of hours.
(13) "Retirement board� shall mean the retirement board as provided in chapter 8 of this
title.
(14) "Secretary,� except when used in the title "secretary of the treasury,� shall mean
the secretary of health and human services and any individual to whom the secretary
of health and human services has delegated any of his or her functions under the federal
Social Security Act, 42 U.S.C. §â€‚301 et seq., with respect to coverage under that act of employees of states and their
political subdivisions.
(15) "Sick pay� shall mean the amount of any payment (including any amount paid by an employer
for insurance or annuities, or into a fund to provide for any sick pay) made to, or
on behalf of, an employee or any of his or her dependents under a plan or system established
by an employer which makes provision for his employees generally (or for his or her
employees generally and their dependents) or for a class or classes of his employees
(or for a class or classes of his employees and their dependents), on account of sickness
or accident disability.
(16) "State� shall mean the state of Rhode Island.
(17) "Wages� or "salaries� shall mean all compensation received by an employee for employment
as defined herein, including the cash value of all remuneration received by an employee
in any medium other than cash, except that this term shall not include that part of
the remuneration which, even if it were for "employment� within the meaning of the
Federal Insurance Contributions Act, 26 U.S.C. §â€‚3101 et seq., would not constitute "wagesâ€� within the meaning of that act.