§ 36-9-20 — § 36-9-20. Credit for service as a teacher, municipal employee, or legislator.

§ 36-9-20. Credit for service as a teacher, municipal employee, or legislator.

(a) Any state employee who shall have rendered service as a teacher as defined under the provisions of chapters 16 and 17 of title 16 shall be entitled to credit for that service for the various purposes of this system, provided the member shall have been a contributing member of this system for that period. Any state employee who shall have been a contributing member of the municipal system as defined under the provisions of chapter 21 of title 45 shall be given credit for that service for the various purposes of this system, provided the member's contributions are transferred to this system. All contributions made by the member shall be transferred in toto to this system for the periods of service and the retirement system shall calculate the full actuarial value of the accrued benefit with the former employer. If the full actuarial value of the accrued benefit with the former employer is greater than the total employee contributions transferred, the retirement system shall also transfer the difference between the full actuarial value of the accrued benefit with the former employer and the employee's contributions from the account of the former employer to the account of the current employer. In any case in which a member shall have received a refund or refunds of contributions made to the system, the allowance of the aforesaid credit for service shall be conditioned upon the payment of the full actuarial cost as defined in § 36-8-1(10). Any service as defined herein for which no contributions were made may be granted provided the member pays to the retirement system the full actuarial cost as defined in § 36-8-1(10). Any state employee or teacher as defined under the provisions of chapters 16 and 17 of title 16 who shall have been employed by a municipality that did not elect to accept chapter 21 of title 45 as provided in § 45-21-4 shall be given credit for that service for the various purposes of this system, provided that the employee shall have met the definitional requirements of "employeeâ€� as stated in § 45-21-2(7) and provided the member pays to the retirement system an amount equal to the full actuarial value of the credit as certified by the retirement board; provided, however, that any state employee who shall have been employed by a municipality that did not elect to accept chapter 21 of title 45 as provided in § 45-21-4 shall be given credit for that service for the various purposes of this system, to a maximum period of four (4) years, provided the member pays to the retirement system the full actuarial cost as defined in § 36-8-1(10). Nothing in this section shall be deemed to allow the purchase of four (4) years of service for credit in more than one retirement system.

(b) Any member who shall have rendered service both as a state employee under § 36-10-9, and service under § 36-10-9.2(a), shall be eligible to elect to combine the member's service under § 36-10-9.2(a) and service under § 36-10-9 to determine the member's retirement eligibility date under § 36-10-9. 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.

(c) The retirement board shall fix and determine rules and regulations to govern the provisions of this section.

Legislative History

G.L. 1938, ch. 18, § 8; P.L. 1951, ch. 2830, § 3; G.L. 1956, § 36-9-20; P.L. 1970, ch. 112, art. 9, § 1; P.L. 1974, ch. 260, § 2; P.L. 1975, ch. 217, § 1; P.L. 1977, ch. 207, § 1; P.L. 1983, ch. 211, § 4; P.L. 1984, ch. 304, § 1; P.L. 1984, ch. 431, § 1; P.L. 1986, ch. 469, § 1; P.L. 1986, ch. 471, § 1; P.L. 1994, ch. 142, § 4; P.L. 1996, ch. 435, § 1; P.L. 1998, ch. 70, § 2; P.L. 1998, ch. 291, § 2; P.L. 2009, ch. 68, art. 7, § 2; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6; P.L. 2019, ch. 171, § 1; P.L. 2019, ch. 233, § 1.