§ 36-10-10.1 Amount of service retirementallowance – Legislators. – (a) Every person who shall have served as a member of the senate or of thehouse of representatives as provided in § 36-10-9.1 shall be entitled toreceive, upon retirement from service as a member of the general assembly andnot otherwise regularly employed by the state of Rhode Island or any of itsagencies, commissions, or bureaus an annual sum of six hundred dollars ($600)for each year of total service as determined in § 36-10-9.1; provided,however, that no person shall receive more than twelve thousand dollars($12,000) annually, and provided further, however, that the retirementallowance shall be diminished by the amount of any other allowance or paymentin the form of wages or salary to which the person shall be entitled from thestate of Rhode Island or any of its agencies, commissions, or bureaus pursuantto any other general or special law of the state of Rhode Island, exceptingamounts received under the old age and survivors disability insurance program.If any person shall reenter service of the state of Rhode Island or any of itsagencies, commissions, or bureaus in any capacity other than as a member of thesenate or of the house of representatives and shall render at least two (2)years of service, he or she shall have the option of electing the serviceretirement allowance provided in this subsection or the service retirementallowance under the other provisions of this chapter. No member of the generalassembly, however, shall be permitted to receive the retirement allowance whileserving in the general assembly.
(b) Any member of the general assembly who was duly electedat a special election shall be entitled to receive service credit for the fullyear during which he or she was duly elected and certified, and any legislatorserving during the January 1983, session shall be given credit for a full year,provided the legislator pays to the retirement system a lump sum amount equalto the full actuarial value of the credit as certified by the retirement board.
(c) The provisions of this section shall apply regardless ofthe date of retirement; provided, however, that no senator or representative,except those in service on July 1, 1983, may purchase more than four (4) yearsof outside time from whatever source.
(d) Any legislator, elected at the general election in 1988,or thereafter, to serve as a member of the general assembly, shall not includeother credits for the purposes of this section, except military service asprovided in § 36-9-31; provided however, that the provisions of thissubsection shall not apply to any legislator who was elected to serve as amember of the general assembly prior to the general election of 1988.
(e) If a person is entitled under subsection (a) of thissection to an annual retirement allowance which is in excess of the amountpermitted by § 415(b)(4) of the Internal Revenue Code, 26 U.S.C. §415(b)(4), the amount in excess of ten thousand dollars ($10,000):
(i) Shall be paid until June 30, 1995, notwithstanding thelimitation on benefits imposed by § 36-8-20(e), relating to § 415 ofthe Internal Revenue Code of 1986; and
(ii) Shall be paid from the retirement system after June 30,1995, only to the extent permitted by the limitation on benefits imposed by§ 36-8-20(e).
(2) Any amount not permitted to be paid by the retirementsystem under subdivision (e)(1)(ii) of this section shall be paid out ofgeneral funds, but only to the extent that amounts have been appropriated forthose payments.
§ 36-10-10.1 Amount of service retirementallowance – Legislators. – (a) Every person who shall have served as a member of the senate or of thehouse of representatives as provided in § 36-10-9.1 shall be entitled toreceive, upon retirement from service as a member of the general assembly andnot otherwise regularly employed by the state of Rhode Island or any of itsagencies, commissions, or bureaus an annual sum of six hundred dollars ($600)for each year of total service as determined in § 36-10-9.1; provided,however, that no person shall receive more than twelve thousand dollars($12,000) annually, and provided further, however, that the retirementallowance shall be diminished by the amount of any other allowance or paymentin the form of wages or salary to which the person shall be entitled from thestate of Rhode Island or any of its agencies, commissions, or bureaus pursuantto any other general or special law of the state of Rhode Island, exceptingamounts received under the old age and survivors disability insurance program.If any person shall reenter service of the state of Rhode Island or any of itsagencies, commissions, or bureaus in any capacity other than as a member of thesenate or of the house of representatives and shall render at least two (2)years of service, he or she shall have the option of electing the serviceretirement allowance provided in this subsection or the service retirementallowance under the other provisions of this chapter. No member of the generalassembly, however, shall be permitted to receive the retirement allowance whileserving in the general assembly.
(b) Any member of the general assembly who was duly electedat a special election shall be entitled to receive service credit for the fullyear during which he or she was duly elected and certified, and any legislatorserving during the January 1983, session shall be given credit for a full year,provided the legislator pays to the retirement system a lump sum amount equalto the full actuarial value of the credit as certified by the retirement board.
(c) The provisions of this section shall apply regardless ofthe date of retirement; provided, however, that no senator or representative,except those in service on July 1, 1983, may purchase more than four (4) yearsof outside time from whatever source.
(d) Any legislator, elected at the general election in 1988,or thereafter, to serve as a member of the general assembly, shall not includeother credits for the purposes of this section, except military service asprovided in § 36-9-31; provided however, that the provisions of thissubsection shall not apply to any legislator who was elected to serve as amember of the general assembly prior to the general election of 1988.
(e) If a person is entitled under subsection (a) of thissection to an annual retirement allowance which is in excess of the amountpermitted by § 415(b)(4) of the Internal Revenue Code, 26 U.S.C. §415(b)(4), the amount in excess of ten thousand dollars ($10,000):
(i) Shall be paid until June 30, 1995, notwithstanding thelimitation on benefits imposed by § 36-8-20(e), relating to § 415 ofthe Internal Revenue Code of 1986; and
(ii) Shall be paid from the retirement system after June 30,1995, only to the extent permitted by the limitation on benefits imposed by§ 36-8-20(e).
(2) Any amount not permitted to be paid by the retirementsystem under subdivision (e)(1)(ii) of this section shall be paid out ofgeneral funds, but only to the extent that amounts have been appropriated forthose payments.
§ 36-10-10.1 Amount of service retirementallowance – Legislators. – (a) Every person who shall have served as a member of the senate or of thehouse of representatives as provided in § 36-10-9.1 shall be entitled toreceive, upon retirement from service as a member of the general assembly andnot otherwise regularly employed by the state of Rhode Island or any of itsagencies, commissions, or bureaus an annual sum of six hundred dollars ($600)for each year of total service as determined in § 36-10-9.1; provided,however, that no person shall receive more than twelve thousand dollars($12,000) annually, and provided further, however, that the retirementallowance shall be diminished by the amount of any other allowance or paymentin the form of wages or salary to which the person shall be entitled from thestate of Rhode Island or any of its agencies, commissions, or bureaus pursuantto any other general or special law of the state of Rhode Island, exceptingamounts received under the old age and survivors disability insurance program.If any person shall reenter service of the state of Rhode Island or any of itsagencies, commissions, or bureaus in any capacity other than as a member of thesenate or of the house of representatives and shall render at least two (2)years of service, he or she shall have the option of electing the serviceretirement allowance provided in this subsection or the service retirementallowance under the other provisions of this chapter. No member of the generalassembly, however, shall be permitted to receive the retirement allowance whileserving in the general assembly.
(b) Any member of the general assembly who was duly electedat a special election shall be entitled to receive service credit for the fullyear during which he or she was duly elected and certified, and any legislatorserving during the January 1983, session shall be given credit for a full year,provided the legislator pays to the retirement system a lump sum amount equalto the full actuarial value of the credit as certified by the retirement board.
(c) The provisions of this section shall apply regardless ofthe date of retirement; provided, however, that no senator or representative,except those in service on July 1, 1983, may purchase more than four (4) yearsof outside time from whatever source.
(d) Any legislator, elected at the general election in 1988,or thereafter, to serve as a member of the general assembly, shall not includeother credits for the purposes of this section, except military service asprovided in § 36-9-31; provided however, that the provisions of thissubsection shall not apply to any legislator who was elected to serve as amember of the general assembly prior to the general election of 1988.
(e) If a person is entitled under subsection (a) of thissection to an annual retirement allowance which is in excess of the amountpermitted by § 415(b)(4) of the Internal Revenue Code, 26 U.S.C. §415(b)(4), the amount in excess of ten thousand dollars ($10,000):
(i) Shall be paid until June 30, 1995, notwithstanding thelimitation on benefits imposed by § 36-8-20(e), relating to § 415 ofthe Internal Revenue Code of 1986; and
(ii) Shall be paid from the retirement system after June 30,1995, only to the extent permitted by the limitation on benefits imposed by§ 36-8-20(e).
(2) Any amount not permitted to be paid by the retirementsystem under subdivision (e)(1)(ii) of this section shall be paid out ofgeneral funds, but only to the extent that amounts have been appropriated forthose payments.
