§ 45-21.5-4. Alternative acceptance by the town of West Warwick of optional retirement for police
and firefighters.
(a) The provisions of this section shall apply only to the locally-administered plan for
police and fire within the town of West Warwick hereinafter referred to as the "West
Warwick plan for police and fire.�
(b) No later than August 31, 2021, West Warwick may accept the provisions of this chapter,
by resolution or an ordinance of its governing body, stating the group or groups of
public safety employees to be included as provided in § 45-21-4; provided that, any and all labor organizations, representing active police and fire
of the municipality 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 resolution 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 as provided in this
section shall be required.
(c) The West Warwick plan for 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 for police and fire in active service on August 31, 2021, shall
continue to be subject to all of the 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 non-union employee and the town 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 post-employment 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 for 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
benefits and terms formerly provided by the town unless expressly provided otherwise
in this section.
(e) Disability determinations shall be made by the retirement board, subject to the procedures
and standards of §§ 45-21.2-7 (except for the eligible service requirements) and 45-21.2-9 as applicable, for members hired prior to September 1, 2021. If a disability retirement
pension is granted, the member shall receive benefits provided by the West Warwick
pension plan pursuant to the 2006 pension plan as modified in effect on August 31,
2021. If the retirement board denies the application for an accidental disability
pension, the member may submit an appeal to the Rhode Island workers' compensation
court pursuant to § 45-21.2-9(g) through (k).
(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 all of the provisions of
chapter 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 for police and fire in active service as of August
31, 2021, and civilian employees of the West Warwick Fire Department as of August
31, 2021, who are part of the firefighters' bargaining unit but are members of the
West Warwick plan excluding police and fire, shall have a one-time irrevocable option
to become 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. Such election shall be made on or before September 30, 2021.
(h) Notwithstanding any provision in § 45-21-42.2 to the contrary, the cost to evaluate West Warwick 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 provision in § 45-21-43.1 to the contrary, determination of the employer contribution rate of the closed West
Warwick pension plan for 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 (20) year closed periods consistent with § 45-21-43.1(c).
(j) Notwithstanding any provision in § 45-21-56 to the contrary, if a West Warwick pension plan for 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 for 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 for police
and fire, multiplied by the funded status of the West Warwick pension plan for 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 shall remain liable to the retirement system for the cost of funding a retirement
system for its employees who are members 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 for 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.