§ 36-10-9 Retirement on service allowance– In general. – Retirement of a member on a service retirement allowance shall be made by theretirement board as follows:
(1) Any member may retire upon his or her written applicationto the retirement board as of the first day of the calendar month in which theapplication was filed; provided, the member was separated from service priorthereto; and further provided, however, that if separation from service occursduring the month in which application is filed, the effective date shall be thefirst day following that separation from service; and provided further that themember on his or her retirement date attained the age of sixty (60) andcompleted at least ten (10) years of contributory service on or before July 1,2005 or who, regardless of age, has completed twenty-eight (28) years of totalservice and has completed at least ten (10) years of contributory service on orbefore July 1, 2005, and who retire before October 1, 2009 or are eligible toretire as of September 30, 2009.
(ii) For members who become eligible to retire on or afterOctober 1, 2009, benefits are available to members who have attained the age ofsixty-two (62) and completed at least ten (10) years of contributory service.For members in service as of October 1, 2009 who were not eligible to retire asof September 30, 2009, the minimum retirement age of sixty-two (62) will beadjusted downward in proportion to the amount of service the member has earnedas of September 30, 2009. The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirementeligibility under the laws in effect on September 30, 2009 which shall then besubtracted from the minimum retirement age of sixty-two (62).
(2) The formula shall then take the member's total servicecredit as of September 30, 2009 as the numerator and the years of servicecredit determined under (1) as the denominator.
(3) The fraction determined in (2) shall then be multipliedby the age difference determined in (1) to apply a reduction in years from agesixty-two (62).
(b) Any member, who has not completed at least ten (10) yearsof contributory service on or before July 1, 2005, may retire upon his or herwritten application to the retirement board as of the first day of the calendarmonth in which the application was filed; provided, the member was separatedfrom service prior thereto; and further provided, however, that if separationfrom service occurs during the month in which application is filed, theeffective date shall be the first day following that separation from service;provided, the member or his or her retirement date had attained the age offifty-nine (59) and had completed at least twenty-nine (29) years of totalservice or provided that the member on his or her retirement date had attainedthe age of sixty-five (65) and had completed at least ten (10) years ofcontributory service; or provided, that the member on his or her retirementdate had attained the age of fifty-five (55) and had completed twenty (20)years of total service provided, that the retirement allowance, as determinedaccording to the formula in § 36-10-10 is reduced actuarially for eachmonth that the age of the member is less than sixty-five (65) years, and whoretire before October 1, 2009 or are eligible to retire as of September 30,2009.
(ii) For members who become eligible to retire on or afterOctober 1, 2009, benefits are available to members who have attained the age ofsixty-two (62) and completed at least twenty-nine (29) years of total serviceor have attained the age of sixty-five (65) and completed at least ten (10)years of contributory service. For members in service as of October 1, 2009 whowere not eligible to retire as of September 30, 2009, who have a minimumretirement age of sixty-two (62), the retirement age will be adjusted downwardin proportion to the amount of service the member has earned as of September30, 2009. The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirementeligibility under the laws in effect on September 30, 2009 which shall then besubtracted from the minimum retirement age of sixty-two (62).
(2) The formula shall then take the member's total servicecredit as of September 30, 2009 as the numerator and the years of servicecredit determined under (1) as the denominator.
(3) The fraction determined in (2) above shall then bemultiplied by the age difference determined in (1) to apply a reduction inyears from age sixty-two (62).
(2) Any faculty employee at a public institution of highereducation under the jurisdiction of the board of governors for higher educationshall not be involuntarily retired upon attaining the age of seventy (70) years.
(3) Except as specifically provided in § 36-10-9.1,§§ 36-10-12 – 36-10-15, and §§ 45-21-19 –45-21-22, no member shall be eligible for pension benefits under this chapterunless the member shall have been a contributing member of the employee'sretirement system for at least ten (10) years.
(ii) Provided, however, a person who has ten (10) yearsservice credit on or before June 16, 1991, shall be vested.
(iii) Furthermore, any past service credits purchased inaccordance with § 36-9-38 shall be counted towards vesting.
(iv) Any person who becomes a member of the employees'retirement system pursuant to § 45-21-4 shall be considered a contributingmember for the purpose of chapter 21 of title 45 and this chapter.
(v) Notwithstanding any other provision of law, no more thanfive (5) years of service credit may be purchased by a member of the system.The five (5) year limit shall not apply to any purchases made prior to January1, 1995. A member who has purchased more than five (5) years of service creditsbefore January 1, 1995, shall be permitted to apply those purchases towards themember's service retirement. However, no further purchase will be permitted.Repayment in accordance with applicable law and regulation of any contributionpreviously withdrawn from the system shall not be deemed a purchase of servicecredit.
(4) No member of the employees' retirement system shall bepermitted to purchase service credits for casual or seasonal employment, foremployment as a page in the general assembly, or for employment at any statecollege or university while the employee is a student or graduate assistant ofthe college or university.
(5) Except as specifically provided in §§ 16-16-6.2and 16-16-6.4, a member shall not receive service credit in this retirementsystem for any year or portion of it, which counts as service credit in anyother retirement system in which the member is vested or from which the memberis receiving a pension and/or any annual payment for life. This subsectionshall not apply to any payments received pursuant to the federal SocialSecurity Act or to payments from a military pension earned prior toparticipation in state or municipal employment, or to military service creditsearned prior to participation in state or municipal employment.
(6) A member who seeks to purchase or receive service creditin this retirement system shall have the affirmative duty to disclose to theretirement board whether or not he or she is a vested member in any otherretirement system and/or is receiving a pension, retirement allowance, or anyannual payment for life. The retirement board shall have the right toinvestigate as to whether or not the member has utilized the same time ofservice for credit in any other retirement system. The member has anaffirmative duty to cooperate with the retirement board including, by way ofillustration and not by way of limitations the duty to furnish or havefurnished to the retirement board any relevant information which is protectedby any privacy act.
(7) A member who fails to cooperate with the retirement boardshall not have the time of service counted toward total service credit untilsuch time as the member cooperates with the retirement board and until suchtime as the retirement board determines the validity of the service credit.
(8) A member who knowingly makes a false statement to theretirement board regarding service time or credit shall not be entitled to aretirement allowance and is entitled only to the return of his or hercontributions without interest.
§ 36-10-9 Retirement on service allowance– In general. – Retirement of a member on a service retirement allowance shall be made by theretirement board as follows:
(1) Any member may retire upon his or her written applicationto the retirement board as of the first day of the calendar month in which theapplication was filed; provided, the member was separated from service priorthereto; and further provided, however, that if separation from service occursduring the month in which application is filed, the effective date shall be thefirst day following that separation from service; and provided further that themember on his or her retirement date attained the age of sixty (60) andcompleted at least ten (10) years of contributory service on or before July 1,2005 or who, regardless of age, has completed twenty-eight (28) years of totalservice and has completed at least ten (10) years of contributory service on orbefore July 1, 2005, and who retire before October 1, 2009 or are eligible toretire as of September 30, 2009.
(ii) For members who become eligible to retire on or afterOctober 1, 2009, benefits are available to members who have attained the age ofsixty-two (62) and completed at least ten (10) years of contributory service.For members in service as of October 1, 2009 who were not eligible to retire asof September 30, 2009, the minimum retirement age of sixty-two (62) will beadjusted downward in proportion to the amount of service the member has earnedas of September 30, 2009. The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirementeligibility under the laws in effect on September 30, 2009 which shall then besubtracted from the minimum retirement age of sixty-two (62).
(2) The formula shall then take the member's total servicecredit as of September 30, 2009 as the numerator and the years of servicecredit determined under (1) as the denominator.
(3) The fraction determined in (2) shall then be multipliedby the age difference determined in (1) to apply a reduction in years from agesixty-two (62).
(b) Any member, who has not completed at least ten (10) yearsof contributory service on or before July 1, 2005, may retire upon his or herwritten application to the retirement board as of the first day of the calendarmonth in which the application was filed; provided, the member was separatedfrom service prior thereto; and further provided, however, that if separationfrom service occurs during the month in which application is filed, theeffective date shall be the first day following that separation from service;provided, the member or his or her retirement date had attained the age offifty-nine (59) and had completed at least twenty-nine (29) years of totalservice or provided that the member on his or her retirement date had attainedthe age of sixty-five (65) and had completed at least ten (10) years ofcontributory service; or provided, that the member on his or her retirementdate had attained the age of fifty-five (55) and had completed twenty (20)years of total service provided, that the retirement allowance, as determinedaccording to the formula in § 36-10-10 is reduced actuarially for eachmonth that the age of the member is less than sixty-five (65) years, and whoretire before October 1, 2009 or are eligible to retire as of September 30,2009.
(ii) For members who become eligible to retire on or afterOctober 1, 2009, benefits are available to members who have attained the age ofsixty-two (62) and completed at least twenty-nine (29) years of total serviceor have attained the age of sixty-five (65) and completed at least ten (10)years of contributory service. For members in service as of October 1, 2009 whowere not eligible to retire as of September 30, 2009, who have a minimumretirement age of sixty-two (62), the retirement age will be adjusted downwardin proportion to the amount of service the member has earned as of September30, 2009. The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirementeligibility under the laws in effect on September 30, 2009 which shall then besubtracted from the minimum retirement age of sixty-two (62).
(2) The formula shall then take the member's total servicecredit as of September 30, 2009 as the numerator and the years of servicecredit determined under (1) as the denominator.
(3) The fraction determined in (2) above shall then bemultiplied by the age difference determined in (1) to apply a reduction inyears from age sixty-two (62).
(2) Any faculty employee at a public institution of highereducation under the jurisdiction of the board of governors for higher educationshall not be involuntarily retired upon attaining the age of seventy (70) years.
(3) Except as specifically provided in § 36-10-9.1,§§ 36-10-12 – 36-10-15, and §§ 45-21-19 –45-21-22, no member shall be eligible for pension benefits under this chapterunless the member shall have been a contributing member of the employee'sretirement system for at least ten (10) years.
(ii) Provided, however, a person who has ten (10) yearsservice credit on or before June 16, 1991, shall be vested.
(iii) Furthermore, any past service credits purchased inaccordance with § 36-9-38 shall be counted towards vesting.
(iv) Any person who becomes a member of the employees'retirement system pursuant to § 45-21-4 shall be considered a contributingmember for the purpose of chapter 21 of title 45 and this chapter.
(v) Notwithstanding any other provision of law, no more thanfive (5) years of service credit may be purchased by a member of the system.The five (5) year limit shall not apply to any purchases made prior to January1, 1995. A member who has purchased more than five (5) years of service creditsbefore January 1, 1995, shall be permitted to apply those purchases towards themember's service retirement. However, no further purchase will be permitted.Repayment in accordance with applicable law and regulation of any contributionpreviously withdrawn from the system shall not be deemed a purchase of servicecredit.
(4) No member of the employees' retirement system shall bepermitted to purchase service credits for casual or seasonal employment, foremployment as a page in the general assembly, or for employment at any statecollege or university while the employee is a student or graduate assistant ofthe college or university.
(5) Except as specifically provided in §§ 16-16-6.2and 16-16-6.4, a member shall not receive service credit in this retirementsystem for any year or portion of it, which counts as service credit in anyother retirement system in which the member is vested or from which the memberis receiving a pension and/or any annual payment for life. This subsectionshall not apply to any payments received pursuant to the federal SocialSecurity Act or to payments from a military pension earned prior toparticipation in state or municipal employment, or to military service creditsearned prior to participation in state or municipal employment.
(6) A member who seeks to purchase or receive service creditin this retirement system shall have the affirmative duty to disclose to theretirement board whether or not he or she is a vested member in any otherretirement system and/or is receiving a pension, retirement allowance, or anyannual payment for life. The retirement board shall have the right toinvestigate as to whether or not the member has utilized the same time ofservice for credit in any other retirement system. The member has anaffirmative duty to cooperate with the retirement board including, by way ofillustration and not by way of limitations the duty to furnish or havefurnished to the retirement board any relevant information which is protectedby any privacy act.
(7) A member who fails to cooperate with the retirement boardshall not have the time of service counted toward total service credit untilsuch time as the member cooperates with the retirement board and until suchtime as the retirement board determines the validity of the service credit.
(8) A member who knowingly makes a false statement to theretirement board regarding service time or credit shall not be entitled to aretirement allowance and is entitled only to the return of his or hercontributions without interest.
§ 36-10-9 Retirement on service allowance– In general. – Retirement of a member on a service retirement allowance shall be made by theretirement board as follows:
(1) Any member may retire upon his or her written applicationto the retirement board as of the first day of the calendar month in which theapplication was filed; provided, the member was separated from service priorthereto; and further provided, however, that if separation from service occursduring the month in which application is filed, the effective date shall be thefirst day following that separation from service; and provided further that themember on his or her retirement date attained the age of sixty (60) andcompleted at least ten (10) years of contributory service on or before July 1,2005 or who, regardless of age, has completed twenty-eight (28) years of totalservice and has completed at least ten (10) years of contributory service on orbefore July 1, 2005, and who retire before October 1, 2009 or are eligible toretire as of September 30, 2009.
(ii) For members who become eligible to retire on or afterOctober 1, 2009, benefits are available to members who have attained the age ofsixty-two (62) and completed at least ten (10) years of contributory service.For members in service as of October 1, 2009 who were not eligible to retire asof September 30, 2009, the minimum retirement age of sixty-two (62) will beadjusted downward in proportion to the amount of service the member has earnedas of September 30, 2009. The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirementeligibility under the laws in effect on September 30, 2009 which shall then besubtracted from the minimum retirement age of sixty-two (62).
(2) The formula shall then take the member's total servicecredit as of September 30, 2009 as the numerator and the years of servicecredit determined under (1) as the denominator.
(3) The fraction determined in (2) shall then be multipliedby the age difference determined in (1) to apply a reduction in years from agesixty-two (62).
(b) Any member, who has not completed at least ten (10) yearsof contributory service on or before July 1, 2005, may retire upon his or herwritten application to the retirement board as of the first day of the calendarmonth in which the application was filed; provided, the member was separatedfrom service prior thereto; and further provided, however, that if separationfrom service occurs during the month in which application is filed, theeffective date shall be the first day following that separation from service;provided, the member or his or her retirement date had attained the age offifty-nine (59) and had completed at least twenty-nine (29) years of totalservice or provided that the member on his or her retirement date had attainedthe age of sixty-five (65) and had completed at least ten (10) years ofcontributory service; or provided, that the member on his or her retirementdate had attained the age of fifty-five (55) and had completed twenty (20)years of total service provided, that the retirement allowance, as determinedaccording to the formula in § 36-10-10 is reduced actuarially for eachmonth that the age of the member is less than sixty-five (65) years, and whoretire before October 1, 2009 or are eligible to retire as of September 30,2009.
(ii) For members who become eligible to retire on or afterOctober 1, 2009, benefits are available to members who have attained the age ofsixty-two (62) and completed at least twenty-nine (29) years of total serviceor have attained the age of sixty-five (65) and completed at least ten (10)years of contributory service. For members in service as of October 1, 2009 whowere not eligible to retire as of September 30, 2009, who have a minimumretirement age of sixty-two (62), the retirement age will be adjusted downwardin proportion to the amount of service the member has earned as of September30, 2009. The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirementeligibility under the laws in effect on September 30, 2009 which shall then besubtracted from the minimum retirement age of sixty-two (62).
(2) The formula shall then take the member's total servicecredit as of September 30, 2009 as the numerator and the years of servicecredit determined under (1) as the denominator.
(3) The fraction determined in (2) above shall then bemultiplied by the age difference determined in (1) to apply a reduction inyears from age sixty-two (62).
(2) Any faculty employee at a public institution of highereducation under the jurisdiction of the board of governors for higher educationshall not be involuntarily retired upon attaining the age of seventy (70) years.
(3) Except as specifically provided in § 36-10-9.1,§§ 36-10-12 – 36-10-15, and §§ 45-21-19 –45-21-22, no member shall be eligible for pension benefits under this chapterunless the member shall have been a contributing member of the employee'sretirement system for at least ten (10) years.
(ii) Provided, however, a person who has ten (10) yearsservice credit on or before June 16, 1991, shall be vested.
(iii) Furthermore, any past service credits purchased inaccordance with § 36-9-38 shall be counted towards vesting.
(iv) Any person who becomes a member of the employees'retirement system pursuant to § 45-21-4 shall be considered a contributingmember for the purpose of chapter 21 of title 45 and this chapter.
(v) Notwithstanding any other provision of law, no more thanfive (5) years of service credit may be purchased by a member of the system.The five (5) year limit shall not apply to any purchases made prior to January1, 1995. A member who has purchased more than five (5) years of service creditsbefore January 1, 1995, shall be permitted to apply those purchases towards themember's service retirement. However, no further purchase will be permitted.Repayment in accordance with applicable law and regulation of any contributionpreviously withdrawn from the system shall not be deemed a purchase of servicecredit.
(4) No member of the employees' retirement system shall bepermitted to purchase service credits for casual or seasonal employment, foremployment as a page in the general assembly, or for employment at any statecollege or university while the employee is a student or graduate assistant ofthe college or university.
(5) Except as specifically provided in §§ 16-16-6.2and 16-16-6.4, a member shall not receive service credit in this retirementsystem for any year or portion of it, which counts as service credit in anyother retirement system in which the member is vested or from which the memberis receiving a pension and/or any annual payment for life. This subsectionshall not apply to any payments received pursuant to the federal SocialSecurity Act or to payments from a military pension earned prior toparticipation in state or municipal employment, or to military service creditsearned prior to participation in state or municipal employment.
(6) A member who seeks to purchase or receive service creditin this retirement system shall have the affirmative duty to disclose to theretirement board whether or not he or she is a vested member in any otherretirement system and/or is receiving a pension, retirement allowance, or anyannual payment for life. The retirement board shall have the right toinvestigate as to whether or not the member has utilized the same time ofservice for credit in any other retirement system. The member has anaffirmative duty to cooperate with the retirement board including, by way ofillustration and not by way of limitations the duty to furnish or havefurnished to the retirement board any relevant information which is protectedby any privacy act.
(7) A member who fails to cooperate with the retirement boardshall not have the time of service counted toward total service credit untilsuch time as the member cooperates with the retirement board and until suchtime as the retirement board determines the validity of the service credit.
(8) A member who knowingly makes a false statement to theretirement board regarding service time or credit shall not be entitled to aretirement allowance and is entitled only to the return of his or hercontributions without interest.
