2009 Rhode Island Code
Title 45 - Towns and cities
CHAPTER 45-21 - Retirement of Municipal Employees
§ 45-21-16 - Retirement on service allowance.

SECTION 45-21-16

   § 45-21-16  Retirement on service allowance. – Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:

   (1) Any member may retire upon the member's written application to the retirement board as of the first day of the calendar month in which the application was filed, provided the member was separated from service prior to the application, and provided, further, that if separation from service occurs during the month in which application is filed, the effective date is the first day following the separation from service, provided that the member at the time so specified for the member's retirement has attained the applicable minimum retirement age and has completed at least ten (10) years of total service or who, regardless of age, completed thirty (30) years of total service, and notwithstanding that during the period of notification the member has separated from service. The minimum ages for service retirement (except for employees completing thirty (30) years of service) is fifty-eight (58) years.

   (2) Except as specifically provided in §§ 45-21-19 through 45-21-22, no member is eligible for pension benefits under this chapter unless the member has been a contributing member of the employees' retirement system for at least ten (10) years.

   (i) Provided, however, a person who has ten (10) years service credit on or before June 16, 1991 is vested.

   (ii) Furthermore, any past service credits purchased in accordance with § 45-21-62 are counted towards vesting.

   (iii) Any person who becomes a member of the employees' retirement system pursuant to § 45-21-4 shall be considered a contributing member for the purpose of this chapter.

   (iv) Notwithstanding any other provision of law, no more than five (5) years of service credit may be purchased by a member of the System. The five (5)-year limit does not apply to any purchases made prior to the effective date of this provision. A member who has purchased more than five (5) years of service credit maximum, before January 1, 1995, shall be permitted to apply the purchases towards the member's service retirement. However, no further purchase will be permitted. Repayment, in accordance with applicable law and regulation, of any contribution previously withdrawn from the System is not deemed a purchase of service credit.

   (3) No member of the municipal employees' retirement system is permitted to purchase service credits for casual or seasonal employment, for employment as a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate assistant of the college or university.

   (4) A member does not receive service credit in this retirement system for any year or portion of a year, which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection does not apply to any payments received pursuant to the Federal Social Security Act or to payments from a military pension earned prior to participation in state or municipal employment, or to military service credits earned prior to participation in state or municipal employment.

   (5) A member who seeks to purchase or receive service credit in this retirement system has the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension retirement allowance or any annual payment for life. The retirement board has the right to investigate whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitation, the duty to furnish or have furnished to the retirement board any relevant information which is protected by any privacy act.

   (6) A member who fails to cooperate with the retirement board shall not have the time of service counted toward total service credit until a time that the member cooperates with the retirement board and until a time that the retirement board determines the validity of the service credit.

   (7) A member who knowingly makes a false statement to the retirement board regarding service time or credit is not entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.