§ 45-21-8. Membership in system.
Membership in the retirement system does not begin before the effective date of participation
in the system as provided in § 45-21-4, § 45-21.4-2, or § 45-21.4-3 and consists of the following:
(a) Any employee of a participating municipality as defined in this chapter, who becomes
an employee on and after the effective date of participation, shall, under contract
of his or her employment, become a member of the retirement system; provided, that
the employee is not receiving any pension or retirement allowance from any other pension
or retirement system supported wholly or in part by a participating municipality,
and is not a contributor to any other pension or retirement system of a participating
municipality. Any employee who is elected to an office in the service of a municipality
after the effective date and prior to July 1, 2012, has the option of becoming a member
of the system, which option must be exercised within sixty (60) days following the
date the employee assumes the duties of his or her office, otherwise that person is
not entitled to participate under the provisions of this section;
(b) Any employee or elected official of a participating municipality in service prior
to the effective date of participation, who is not a member of any other pension or
retirement system supported wholly or in part by a participating municipality, and
who does not notify the retirement board in writing before the expiration of sixty
(60) days from the effective date of participation that he or she does not wish to
join the system, shall automatically become a member; and
(c) Any employee of a participating municipality in service prior to the effective date
of participation, who is a member of any other pension or retirement system supported
wholly or in part by a participating municipality on the effective date of participation
of their municipality, who then or thereafter makes written application to join this
system, and waives and renounces all accrued rights and benefits of any other pension
or retirement system supported wholly or in part by a participating municipality,
becomes a member of this retirement system and shall not be required to make contribution
under any other pension or retirement system of a participating municipality, anything
to the contrary notwithstanding.
(d) Notwithstanding the provisions of this section, present firefighters employed by the
town of Johnston shall establish a pension plan separate from the state of Rhode Island
retirement system. If the town of Johnston is thirty (30) days or more late on employer
or employee contributions to the pension plan, the auditor general is authorized to
redirect any Johnston funds to cover the shortfall or to deduct that amount from any
moneys due the town from the state for any purpose other than for education. Disability
determinations of present firefighters shall be made by the state retirement board,
subject to the provisions of § 45-21-19, at the town of Johnston's expense. All new firefighters hired by the town of Johnston
shall become members of the state retirement system.
(e) Notwithstanding the provisions of this section, any city of Cranston employees who
are presently members of Teamsters Local Union No. 251, hired between the dates of
July 1, 2005, and June 30, 2010, inclusive, and who are currently members of the retirement
system established by this chapter may opt out of said retirement system and choose
to enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof)
established by the city of Cranston.
(f) Notwithstanding the provisions of this section, any city of Cranston employees who
are presently members of the Laborers International Union of North America Local 1322
hired between the dates of July 1, 2008, and June 30, 2013, inclusive, and who are
currently members of the retirement system established by this chapter may opt out
of said retirement system and choose to enroll in a defined contribution plan (i.e.,
a 403(b) plan or equivalent thereof) established by the city of Cranston.
(g) Notwithstanding the provisions of this section, any city of Cranston employees who
will be members of Teamsters Local Union No. 251, hired after June 30, 2010, shall
be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof)
established by the city of Cranston and shall not be a member of the retirement system
established by this chapter.
(h) Notwithstanding the provisions of this section, any city of Cranston employees who
are presently members of the Laborers International Union of North America Local 1322
hired after April 23, 2013, shall be enrolled in a defined contribution plan (i.e.,
403(b) plan or equivalent thereof) established by the city of Cranston and shall not
be a member of the retirement system established by this chapter.
(i) Notwithstanding the provisions of this section, any city of Cranston employees defined
in subsections (e) and (f) of this section shall be precluded from purchase of service
credit for time served on or after July 1, 2010, while participating in the defined
contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city
of Cranston should the member cease employment with the city of Cranston or Teamsters
Local Union No. 251 and re-enter the system with another participating employer who
has accepted the provisions as defined, in § 45-21-4.
(j) Notwithstanding the provisions of this section, any town of Middletown employees,
who will be members of the Teamsters Local Union No. 251 bargaining unit, hired after
June 30, 2012, and who are not at the time of hire active members of the retirement
system established by this chapter and who were never active members of the retirement
system established by this chapter, and any town of Middletown employees who are employed
as full-time civilian dispatchers, hired after June 30, 2012, and who are not at the
time of hire active members of the retirement system established by this chapter and
who were never active members of the retirement system established by this chapter,
and any town of Middletown employees who are not affiliated with any recognized collective
bargaining representative or union hired after June 30, 2012, and who are not at the
time of hire active members of the retirement system established by this chapter and
who were never active members of the retirement system established by this chapter,
shall be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent
thereof) established by the town of Middletown and shall not be members of the retirement
system established by this chapter. Said town of Middletown employees defined herein
shall be precluded from the purchase of service credit for time served on or after
July 1, 2012, while participating in the defined contribution plan (i.e., a 403(b)
plan or equivalent thereof) established by the town of Middletown should the member
cease employment with the town of Middletown or in the Teamsters Local Union No. 251
bargaining unit and re-enter the system with any participating employer who has accepted
the provisions as defined in § 45-21-4. Any town of Middletown employees hired after June 30, 2022, who are at the time
of hire active members of the retirement system established by this chapter or who
were previously active members of the retirement system established by this chapter
shall remain as such active members or shall be reinstated as active members, as the
case may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b)
plan or equivalent thereof) established by the town of Middletown. Moreover, any town
of Middletown employee who was at the time of hire an active member of the retirement
system established by this chapter or who was previously an active member of the retirement
system established by this chapter, but who was forced to become or remain an inactive
member by virtue of their having been hired by the town of Middletown at a time when
such was required by law, may (by December 31, 2022, and not thereafter) request in
writing to be dis-enrolled from the town of Middletown's defined contribution plan
and to have their contributions refunded to them; to be reinstated as an active member
of the retirement system established by this chapter; and to be allowed to purchase
service credit for their service while participating in Middletown's defined contribution
plan (notwithstanding the preclusion provided above in this subsection), which request,
if timely made, shall be allowed. To be clear, persons reinstated under the terms
of this section as active members of the retirement system established by this chapter
shall be reinstated only with such service credits, if any, as they may have earned
or purchased in accordance with the law and are thereafter subject to all laws and
rules otherwise applicable to active members.
(k) Notwithstanding the provisions of this section, any town of Middletown employees,
who will be members of the Middletown Municipal Employees Association NEARI Local
869 bargaining unit hired after June 30, 2012, and who are not at the time of hire
active members of the retirement system established by this chapter and who were never
active members of the retirement system established by this chapter, shall be enrolled
in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established
by the town of Middletown and shall not be members of the retirement system established
by this chapter. Said town of Middletown employees defined herein shall be precluded
from the purchase of service credit for time served on or after July 1, 2012, while
participating in the defined contribution plan (i.e., a 403(b) plan or equivalent
thereof) established by the town of Middletown should the member cease employment
with the town of Middletown or in the Middletown Municipal Employees Association NEARI
Local 869 bargaining unit and re-enter the system with any participating employer
who has accepted the provisions as defined in § 45-21-4. Any town of Middletown employees hired after June 30, 2022, who are at the time
of hire active members of the retirement system established by this chapter or who
were previously active members of the retirement system established by this chapter
shall remain as such active members or shall be reinstated as active members, as the
case may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b)
plan or equivalent thereof) established by the town of Middletown. Moreover, any town
of Middletown employee who was at the time of hire an active member of the retirement
system established by this chapter or who was previously an active member of the retirement
system established by this chapter, but who was forced to become or remain an inactive
member by virtue of their having been hired by the town of Middletown at a time when
such was required by law, may (by December 31, 2022, and not thereafter) request in
writing to be disenrolled from the town of Middletown's defined contribution plan
and to have their contributions refunded to them; to be reinstated as an active member
of the retirement system established by this chapter; and to be allowed to purchase
service credit for their service while participating in Middletown's defined contribution
plan (notwithstanding the preclusion provided above in this subsection), which request,
if timely made, shall be allowed. To be clear, persons reinstated under the terms
of this section as active members of the retirement system established by this chapter
shall be reinstated only with such service credits, if any, as they may have earned
or purchased in accordance with the law and are thereafter subject to all laws and
rules otherwise applicable to active members.
(l) Notwithstanding the provisions of this section, any Cranston public school employees
who will be members of National Association of Government Employees (NAGE), Local
RI-153, hired after June 30, 2012, shall be enrolled in a defined contribution plan
(i.e., a 401(a) plan or equivalent thereof) established by the Cranston school department
and shall not be a member of the retirement system established by this chapter.
(m) Notwithstanding the provisions of this section, any Cranston public school employees
defined in subsection (l) shall be precluded from the purchase of service credit for time served on or after
July 1, 2012, while participating in the defined contribution plan (i.e., a 401(a)
plan or equivalent thereof) established by the Cranston public schools should the
member cease employment with the Cranston public schools or National Association of
Government Employees (NAGE), Local RI-153 and re-enter the system with another participating
employer who has accepted the provisions as defined in § 45-21-4.
(n) Notwithstanding the provisions of this section, the chief of police for the city of
Cranston who was hired on or about September 2014, shall be enrolled in a defined
contribution plan (i.e., 401(a) plan or any equivalent thereof) established by the
city of Cranston, and shall not be a member of the retirement system established by
this chapter.
(o) [Deleted by P.L. 2022, ch. 277, § 1 and P.L. 2022, ch. 327, § 1.]