§ 36-10-35 Additional benefits payable toretired employees. – (a) All state employees and all beneficiaries of state employees receiving anyservice retirement or ordinary or accidental disability retirement allowancepursuant to the provisions of this title on or before December 31, 1967, shallreceive a cost of living retirement adjustment equal to one and one-halfpercent (1.5%) per year of the original retirement allowance, not compounded,for each calendar year the retirement allowance has been in effect. For thepurposes of computation, credit shall be given for a full calendar yearregardless of the effective date of the retirement allowance. This cost ofliving adjustment shall be added to the amount of the retirement allowance asof January 1, 1968, and an additional one and one-half percent (1.5%) shall beadded to the original retirement allowance in each succeeding year during themonth of January, and provided further, that this additional cost of livingincrease shall be three percent (3%) for the year beginning January 1, 1971,and each year thereafter, through December 31, 1980. Notwithstanding any of theabove provisions, no employee receiving any service retirement allowancepursuant to the provisions of this title on or before December 31, 1967, or theemployee's beneficiary, shall receive any additional benefit hereunder in anamount less than two hundred dollars ($200) per year over the serviceretirement allowance where the employee retired prior to January 1, 1958.
(b) All state employees and all beneficiaries of stateemployees retired on or after January 1, 1968, who are receiving any serviceretirement or ordinary or accidental disability retirement allowance pursuantto the provisions of this title shall, on the first day of January nextfollowing the third anniversary date of the retirement, receive a cost ofliving retirement adjustment, in addition to his or her retirement allowance,in an amount equal to three percent (3%) of the original retirement allowance.In each succeeding year thereafter through December 31, 1980, during the monthof January, the retirement allowance shall be increased an additional threepercent (3%) of the original retirement allowance, not compounded, to becontinued during the lifetime of the employee or beneficiary. For the purposesof computation, credit shall be given for a full calendar year regardless ofthe effective date of the service retirement allowance.
(c) Beginning on January 1, 1981, for all state employees andbeneficiaries of the state employees receiving any service retirement and allstate employees, and all beneficiaries of state employees, who have completedat least ten (10) years of contributory service on or before July 1, 2005pursuant to the provisions of this chapter, and for all state employees, andall beneficiaries of state employees who receive a disability retirementallowance pursuant to §§ 36-10-12 – 36-10-15, the cost of livingadjustment shall be computed and paid at the rate of three percent (3%) of theoriginal retirement allowance or the retirement allowance as computed inaccordance with § 36-10-35.1, compounded annually from the year for whichthe cost of living adjustment was determined to be payable by the retirementboard pursuant to the provisions of subsection (a) or (b) of this section. Suchcost of living adjustments are available to members who retire before October1, 2009 or are eligible to retire as of September 30, 2009.
(2) The provisions of this subsection shall be deemed toapply prospectively only and no retroactive payment shall be made.
(3) The retirement allowance of all state employees and allbeneficiaries of state employees who have not completed at least ten (10) yearsof contributory service on or before July 1, 2005 or were not eligible toretire as of September 30, 2009, shall, on the month following the thirdanniversary date of retirement, and on the month following the anniversary dateof each succeeding year be adjusted and computed by multiplying the retirementallowance by three percent (3%) or the percentage of increase in the ConsumerPrice Index for all Urban Consumers (CPI-U) as published by the United StatesDepartment of Labor Statistics determined as of September 30 of the priorcalendar year, whichever is less; the cost of living adjustment shall becompounded annually from the year for which the cost of living adjustment wasdetermined payable by the retirement board; provided, that no adjustment shallcause any retirement allowance to be decreased from the retirement allowanceprovided immediately before such adjustment.
(d) All legislators and all beneficiaries of legislators whoare receiving a retirement allowance pursuant to the provisions of §36-10-9.1 for a period of three (3) or more years, shall, commencing January 1,1982, receive a cost of living retirement adjustment, in addition to aretirement allowance, in an amount equal to three percent (3%) of the originalretirement allowance. In each succeeding year thereafter during the month ofJanuary, the retirement allowance shall be increased an additional threepercent (3%) of the original retirement allowance, compounded annually, to becontinued during the lifetime of the legislator or beneficiary. For thepurposes of computation, credit shall be given for a full calendar yearregardless of the effective date of the service retirement allowance.
(e) The provisions of §§ 45-13-7 – 45-13-10shall not apply to this section.
§ 36-10-35 Additional benefits payable toretired employees. – (a) All state employees and all beneficiaries of state employees receiving anyservice retirement or ordinary or accidental disability retirement allowancepursuant to the provisions of this title on or before December 31, 1967, shallreceive a cost of living retirement adjustment equal to one and one-halfpercent (1.5%) per year of the original retirement allowance, not compounded,for each calendar year the retirement allowance has been in effect. For thepurposes of computation, credit shall be given for a full calendar yearregardless of the effective date of the retirement allowance. This cost ofliving adjustment shall be added to the amount of the retirement allowance asof January 1, 1968, and an additional one and one-half percent (1.5%) shall beadded to the original retirement allowance in each succeeding year during themonth of January, and provided further, that this additional cost of livingincrease shall be three percent (3%) for the year beginning January 1, 1971,and each year thereafter, through December 31, 1980. Notwithstanding any of theabove provisions, no employee receiving any service retirement allowancepursuant to the provisions of this title on or before December 31, 1967, or theemployee's beneficiary, shall receive any additional benefit hereunder in anamount less than two hundred dollars ($200) per year over the serviceretirement allowance where the employee retired prior to January 1, 1958.
(b) All state employees and all beneficiaries of stateemployees retired on or after January 1, 1968, who are receiving any serviceretirement or ordinary or accidental disability retirement allowance pursuantto the provisions of this title shall, on the first day of January nextfollowing the third anniversary date of the retirement, receive a cost ofliving retirement adjustment, in addition to his or her retirement allowance,in an amount equal to three percent (3%) of the original retirement allowance.In each succeeding year thereafter through December 31, 1980, during the monthof January, the retirement allowance shall be increased an additional threepercent (3%) of the original retirement allowance, not compounded, to becontinued during the lifetime of the employee or beneficiary. For the purposesof computation, credit shall be given for a full calendar year regardless ofthe effective date of the service retirement allowance.
(c) Beginning on January 1, 1981, for all state employees andbeneficiaries of the state employees receiving any service retirement and allstate employees, and all beneficiaries of state employees, who have completedat least ten (10) years of contributory service on or before July 1, 2005pursuant to the provisions of this chapter, and for all state employees, andall beneficiaries of state employees who receive a disability retirementallowance pursuant to §§ 36-10-12 – 36-10-15, the cost of livingadjustment shall be computed and paid at the rate of three percent (3%) of theoriginal retirement allowance or the retirement allowance as computed inaccordance with § 36-10-35.1, compounded annually from the year for whichthe cost of living adjustment was determined to be payable by the retirementboard pursuant to the provisions of subsection (a) or (b) of this section. Suchcost of living adjustments are available to members who retire before October1, 2009 or are eligible to retire as of September 30, 2009.
(2) The provisions of this subsection shall be deemed toapply prospectively only and no retroactive payment shall be made.
(3) The retirement allowance of all state employees and allbeneficiaries of state employees who have not completed at least ten (10) yearsof contributory service on or before July 1, 2005 or were not eligible toretire as of September 30, 2009, shall, on the month following the thirdanniversary date of retirement, and on the month following the anniversary dateof each succeeding year be adjusted and computed by multiplying the retirementallowance by three percent (3%) or the percentage of increase in the ConsumerPrice Index for all Urban Consumers (CPI-U) as published by the United StatesDepartment of Labor Statistics determined as of September 30 of the priorcalendar year, whichever is less; the cost of living adjustment shall becompounded annually from the year for which the cost of living adjustment wasdetermined payable by the retirement board; provided, that no adjustment shallcause any retirement allowance to be decreased from the retirement allowanceprovided immediately before such adjustment.
(d) All legislators and all beneficiaries of legislators whoare receiving a retirement allowance pursuant to the provisions of §36-10-9.1 for a period of three (3) or more years, shall, commencing January 1,1982, receive a cost of living retirement adjustment, in addition to aretirement allowance, in an amount equal to three percent (3%) of the originalretirement allowance. In each succeeding year thereafter during the month ofJanuary, the retirement allowance shall be increased an additional threepercent (3%) of the original retirement allowance, compounded annually, to becontinued during the lifetime of the legislator or beneficiary. For thepurposes of computation, credit shall be given for a full calendar yearregardless of the effective date of the service retirement allowance.
(e) The provisions of §§ 45-13-7 – 45-13-10shall not apply to this section.
§ 36-10-35 Additional benefits payable toretired employees. – (a) All state employees and all beneficiaries of state employees receiving anyservice retirement or ordinary or accidental disability retirement allowancepursuant to the provisions of this title on or before December 31, 1967, shallreceive a cost of living retirement adjustment equal to one and one-halfpercent (1.5%) per year of the original retirement allowance, not compounded,for each calendar year the retirement allowance has been in effect. For thepurposes of computation, credit shall be given for a full calendar yearregardless of the effective date of the retirement allowance. This cost ofliving adjustment shall be added to the amount of the retirement allowance asof January 1, 1968, and an additional one and one-half percent (1.5%) shall beadded to the original retirement allowance in each succeeding year during themonth of January, and provided further, that this additional cost of livingincrease shall be three percent (3%) for the year beginning January 1, 1971,and each year thereafter, through December 31, 1980. Notwithstanding any of theabove provisions, no employee receiving any service retirement allowancepursuant to the provisions of this title on or before December 31, 1967, or theemployee's beneficiary, shall receive any additional benefit hereunder in anamount less than two hundred dollars ($200) per year over the serviceretirement allowance where the employee retired prior to January 1, 1958.
(b) All state employees and all beneficiaries of stateemployees retired on or after January 1, 1968, who are receiving any serviceretirement or ordinary or accidental disability retirement allowance pursuantto the provisions of this title shall, on the first day of January nextfollowing the third anniversary date of the retirement, receive a cost ofliving retirement adjustment, in addition to his or her retirement allowance,in an amount equal to three percent (3%) of the original retirement allowance.In each succeeding year thereafter through December 31, 1980, during the monthof January, the retirement allowance shall be increased an additional threepercent (3%) of the original retirement allowance, not compounded, to becontinued during the lifetime of the employee or beneficiary. For the purposesof computation, credit shall be given for a full calendar year regardless ofthe effective date of the service retirement allowance.
(c) Beginning on January 1, 1981, for all state employees andbeneficiaries of the state employees receiving any service retirement and allstate employees, and all beneficiaries of state employees, who have completedat least ten (10) years of contributory service on or before July 1, 2005pursuant to the provisions of this chapter, and for all state employees, andall beneficiaries of state employees who receive a disability retirementallowance pursuant to §§ 36-10-12 – 36-10-15, the cost of livingadjustment shall be computed and paid at the rate of three percent (3%) of theoriginal retirement allowance or the retirement allowance as computed inaccordance with § 36-10-35.1, compounded annually from the year for whichthe cost of living adjustment was determined to be payable by the retirementboard pursuant to the provisions of subsection (a) or (b) of this section. Suchcost of living adjustments are available to members who retire before October1, 2009 or are eligible to retire as of September 30, 2009.
(2) The provisions of this subsection shall be deemed toapply prospectively only and no retroactive payment shall be made.
(3) The retirement allowance of all state employees and allbeneficiaries of state employees who have not completed at least ten (10) yearsof contributory service on or before July 1, 2005 or were not eligible toretire as of September 30, 2009, shall, on the month following the thirdanniversary date of retirement, and on the month following the anniversary dateof each succeeding year be adjusted and computed by multiplying the retirementallowance by three percent (3%) or the percentage of increase in the ConsumerPrice Index for all Urban Consumers (CPI-U) as published by the United StatesDepartment of Labor Statistics determined as of September 30 of the priorcalendar year, whichever is less; the cost of living adjustment shall becompounded annually from the year for which the cost of living adjustment wasdetermined payable by the retirement board; provided, that no adjustment shallcause any retirement allowance to be decreased from the retirement allowanceprovided immediately before such adjustment.
(d) All legislators and all beneficiaries of legislators whoare receiving a retirement allowance pursuant to the provisions of §36-10-9.1 for a period of three (3) or more years, shall, commencing January 1,1982, receive a cost of living retirement adjustment, in addition to aretirement allowance, in an amount equal to three percent (3%) of the originalretirement allowance. In each succeeding year thereafter during the month ofJanuary, the retirement allowance shall be increased an additional threepercent (3%) of the original retirement allowance, compounded annually, to becontinued during the lifetime of the legislator or beneficiary. For thepurposes of computation, credit shall be given for a full calendar yearregardless of the effective date of the service retirement allowance.
(e) The provisions of §§ 45-13-7 – 45-13-10shall not apply to this section.
