§ 45-21.4-3. Retiree participation in optional requirement plan.
(a) The provisions of this section shall apply only to locally administered plans within
the city of Central Falls.
(b) Notwithstanding any provision of this chapter to the contrary, on or before August
31, 2019, Central Falls may accept the provisions of this chapter by an ordinance
of its governing body stating the group or groups of retired former employees to be
included as provided in §â€‚45-21-4; provided that, a majority of retired former employees have consented in writing
to joining the system or any duly constituted retiree organization that represents
said retired former employees has assented to joining the system. A copy of the ordinance
shall be immediately forwarded to the retirement board for review. A vote of the retirement
board to accept the entry of the group or groups of employees into the system shall
be required.
For purposes of this section, "retired former employees� means any Central Falls police
officer or firefighter who has retired prior to September 1, 2019, pursuant to the
provisions of the Central Falls' retirement plan.
(c) Notwithstanding any other provisions of this section or other applicable law, upon
acceptance into the system, all "Central Falls retirees,â€� as defined in §â€‚45-21-67(a)(2), and their beneficiaries, and also all other retired former employees and their beneficiaries
who are entitled to benefits under the "settlement agreement� that is identified in
§â€‚45-21-67(a)(3), shall retain all of the benefits accrued and calculated to them as provided in accordance
with such settlement agreement (and, for clarification, irrespective of and notwithstanding
any possible expiration of any "term� in respect to certain provisions of such agreement),
including disability and post-retirement benefits, and their entitlement to all payments
provided under §â€‚45-21-67, and none of the foregoing shall be made unavailable or conditioned, nor be diminished
or reduced, by virtue of entry into the system. Any retired former employee who is
not entitled to benefits under the "settlement agreement� shall retain all of the
benefits accrued and calculated in accordance with, and shall be subject to, all of
the provisions, limitations, and restrictions contained in the collective bargaining
agreement at the time of his or her retirement. Retired former employees, including
any "Central Falls retiree,� shall not be entitled to any retirement allowance or
benefit from the system otherwise available or calculated pursuant to the provisions
of §â€‚45-21.2-6, 45-21.2-13, or 45-21.2-20, 45-21.2-21, or 45-21.2-22.
(d) Withdrawal of a plan consisting solely of retired former Central Falls police officers
or firefighters, who had joined the retirement system pursuant to this section, shall
be as provided in §â€‚45-21-5.
(e) The cost to evaluate Central Falls' prospective membership in the retirement system,
and costs related to obtaining consent of retirees to join the system pursuant to
this section, shall be borne by the retirement board.
(f) Upon the conditions of subsection (b) of this section being met, the city of Central
Falls shall remain liable to the retirement system for the cost of funding a retirement
system for its employees who are members of the system and the retirement board maintains
the right to enforce payment of any liability as provided in chapter 21 of this title.
(g) Subject to the provisions of subsection (b) of this section being met, the provisions
of this section shall be administered in the same manner provided in chapter 21 of
this title; provided, that where the provisions of that chapter conflict with this
chapter, then the provisions of this chapter control. Liability of the municipality
is enforced in the same manner as stated in chapter 21 of this title.