§ 45-21.5-5. Retiree participation in optional retirement plan for police and fire.
(a) The provisions of this section shall apply only to the locally-administered plan for
police and fire within the town of West Warwick.
(b)(1) Notwithstanding any provision of this chapter to the contrary, 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 retired former employees
to be included as provided in § 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; 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 retiree organization, and/or
amendment to any 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 of retirees into the system shall be required.
(2) For purposes of this section, "retired former employees� means any member of the West
Warwick plan for police and fire who has retired prior to September 1, 2021.
(c)(1) Notwithstanding any other provisions of this section or other applicable law, upon
acceptance into the system, all retired former employees and their beneficiaries shall
continue to be subject to all plan provisions, as set forth by the plan, 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 in effect upon the retired former employee's date of retirement. These
provisions shall include, but are not 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 retired former employees of the West Warwick plan, including police and
fire, shall continue to enjoy all benefits and be subject to the same terms of the
pension plan in existence upon their date of retirement 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.
(2) Retired former employees under this section shall not be entitled to any retirement
allowance or benefit from the system otherwise available or calculated pursuant to
the provisions of § 45-21.2-6, § 45-21.2-13, § 45-21.2-20, § 45-21.2-21, or § 45-21.2-22 with regard to their West Warwick pension benefit.
(d) The cost to evaluate West Warwick's 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.
(e) 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 retired public safety 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.
(f) 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 the
provisions of this chapter, then the provisions of this chapter shall control. Liability
of the municipality is enforced in the same manner as stated in chapter 21 of this
title.