§ 45-21.5-2. Alternative acceptance by the town of West Warwick for West Warwick school and municipal
employees.
(a) The provisions of this section shall apply only to the locally-administered plan,
excluding police and fire within the town of West Warwick, hereinafter referred to
as the "West Warwick plan, excluding police and fire.�
(b) No later than August 31, 2021, West Warwick and the West Warwick school committee
may accept the provisions of this chapter, by resolution or an ordinance of its governing
body, stating the group or groups of employees to be included as provided in § 45-21-4; provided that, any and all labor organizations, representing active employees of
the municipality and active non-certified school employees to be included, have assented
to such participation of their respective memberships by ratification of amendments
to the applicable collective bargaining agreement by a majority vote of those members
of any such labor organization present and voting; and, provided further that, any
applicable final and consent judgments are amended. A copy of the resolutions or ordinance
and proof of assent from the applicable labor organization, and/or amendment to any
applicable final and consent judgments, 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 into the system provided in this section shall be required.
(c) The West Warwick plan, excluding police and fire, shall be closed to new members on
August 31, 2021.
(d) Following acceptance as provided in subsection (b) of this section, members of the
West Warwick plan, excluding police and fire, in active service on August 31, 2021,
shall continue to be subject to all plan provisions, as set forth in the 2006 pension
plan as modified by any collective bargaining agreement, memorandum of agreement,
arbitration award, final and consent judgment and/or any individual contractual agreement
between any nonunion employee and the town and/or school committee in effect on August
31, 2021 (hereinafter collectively "the 2006 pension plan as modified�). These provisions
shall include, but not be limited to, applicable retirement ages, plan restrictions,
accrual rates, contribution requirements, eligibility requirements, benefit calculations
and any and all provisions related to postemployment benefits, death benefits, cost-of-living
adjustments, and rules permitting employment in and pension credit accrual within
other municipalities or the state that are participants in any other retirement plan
administered by the state. The intent of this section is that all members of the West
Warwick plan, excluding police and fire, shall continue to enjoy all benefits and
be subject to the same terms of the pension plan in existence on August 31, 2021,
and that the municipal employees' retirement system shall administer, but not change,
the pension plan benefits and terms formerly provided by the town unless expressly
provided otherwise in this section.
(e) Disability determinations for new applications received on or after the date assets
are transferred pursuant to § 45-21.5-6 shall be made by the retirement board, subject to the procedures and standards of
§§ 45-21-19, 45-21-22, 45-21-23, and 45-21-24, for members in active service on August 31, 2021. If a disability retirement pension,
including a partial disability, is granted, the member shall receive benefits provided
by the West Warwick pension plan, excluding police and fire, pursuant to the 2006
pension plan as modified in effect on August 31, 2021.
(f) Subject to the provisions of subsection (b) of this section being met, new employees
hired on or after September 1, 2021, shall be subject to the provisions of chapter
21 or 21.2 of this title as applicable, including all applicable disability provisions
and benefits provided by §§ 36-10.3-4 and 45-21-52.
(g) Members of the West Warwick plan, excluding police and fire, in active service on
August 31, 2021, shall have a one-time irrevocable option to become subject to all
of the provisions of chapter 21 or 21.2 of this title as applicable, including all
applicable disability provisions and benefits provided by §§ 36-10.3-4 and 45-21-52. Such election shall be made on or before September 30, 2021.
(h) Notwithstanding any provisions in § 45-21-42.2 to the contrary, the cost to evaluate West Warwick's prospective participation in
the retirement system pursuant to this section or § 45-21.5-3, shall be borne by the retirement board.
(i) Notwithstanding any provisions in § 45-21-43.1 to the contrary, determination of the employer contribution rate of the closed West
Warwick pension plan, excluding police and fire, pursuant to this section shall be
computed using an amortization period for the unfunded actuarial accrued liability
as determined by the board, based upon the recommendation of the plan's actuary. Future
actuarial gains and losses accruing within a plan year will be amortized over individual
new twenty-year (20) closed periods consistent with § 45-21-43.1(c).
(j) Notwithstanding any provisions in § 45-21-56 to the contrary, if a West Warwick pension plan, excluding police and fire, pursuant
to this section is in critical status as defined in § 45-65-4, and a member of the West Warwick pension plan, excluding police and fire, leaves
employment and is hired by another participating municipality that is not in critical
status as defined in § 45-65-4, then the retirement system shall transfer the amount of the member's contributions
and member's total accrued liability with the West Warwick pension plan, excluding
police and fire, multiplied by the funded status of the West Warwick pension plan,
excluding police and fire, to the account of the current employing municipality.
(k) Upon the conditions of subsection (b) of this section being met, the town of West
Warwick and the West Warwick school committee shall remain liable to the retirement
system for the cost of funding a retirement system for its employees who are participants
of the system as provided herein, and the retirement board maintains the right to
enforce payment of any liability as provided in chapter 21 of this title.
(l) Subject to the provisions of subsection (b) of this section being met, the West Warwick
plan, excluding police and fire, and the provisions of this section shall be administered
in the same manner provided in chapter 21 of this title; credits for prior service
and collection of contributions are determined through reference to that chapter;
provided that, where the provisions of that chapter conflict with the provisions of
this chapter, then the provisions of this chapter shall control. Liability of contributions
is enforced in the same manner as stated in chapter 21 of this title.