§ 36-7-2 Definitions. – For the purposes of §§ 36-7-1 – 36-7-31 and 36-7-35, thefollowing terms shall have the meanings indicated unless different meanings areclearly expressed or required by the context:
(1) "Agency of the state" shall mean:
(i) All departments, divisions, agencies, andinstrumentalities of the state which are not juristic entities, legallyseparate and distinct from the state;
(ii) Civilian employees of the Rhode Island national guard; or
(iii) Any instrumentality of the state such as firedistricts, water districts, water authorities, sewer commissions andauthorities, housing authorities, or other instrumentality of the state whichare a juristic entity and legally separate and distinct from the state and ifthe employees of the instrumentality are not by virtue of their relation tojuristic entity employees of the state. Without limiting the generality of theforegoing, examples of those agencies would be the Kent County water authority,the Providence housing authority, the Blackstone Valley sewer districtcommission, and other like instrumentalities of the state.
(2) "City or town" shall mean:
(i) Any city or town of the state of Rhode Island, inclusiveof any department, division, agency, board, commission, or bureau thereof;
(ii) Any instrumentality of a city or town which is ajuristic entity and legally separate and distinct from the city or town and ifits employees are not by virtue of their relation to the juristic entityemployees of the city or town; or
(iii) Any instrumentality of two or more citizens and/ortowns which is a juristic entity as provided in subdivision (ii) hereof.
(3) "Coverage group" shall mean:
(i) All employees of the state other than those engaged inperforming service in connection with a proprietary function;
(ii) All employees of a city or town other than those engagedin performing service in connection with a single proprietary function;
(iii) All employees of the state engaged in performingservice in connection with a single proprietary function;
(iv) All employees of an agency of the state;
(v) All employees of a city or town of the state engaged inperforming service in connection with a single proprietary function. If underthe preceding sentence an employee would be included in more than one coveragegroup by reason of the fact that he or she performs service in connection withtwo (2) or more proprietary functions or in connection with both a proprietaryfunction and a nonproprietary function, he or she shall be included in only onecoverage group. The determination of the coverage group in which the employeeshall be included shall be made in such manner as may be specified in theagreement. Members of retirement systems shall constitute separate coveragegroups as provided in § 36-7-10.
(4) "Employee" shall mean any officer or employee of anycity, town, or agency of the state receiving salaries or wages for employment.
(5) "Employment" shall mean any service performed by anemployee for wages as a member of a coverage group as herein defined, includingservice of an emergency nature, service in any class or classes of electivepositions and service in part-time positions, but excluding the following:
(i) Service in a position the compensation for which is on afee basis;
(ii) Service performed by election officials or electionworkers for calendar year 2003 in which the remuneration paid for that serviceis less than one thousand two hundred fifty dollars ($1,250), and for eachcalendar year after 2003 in which the remuneration paid is less than theadjusted amount in accordance with section 218(c)(8)(B) of the Social SecurityAct;
(iii) Service which under the federal Social Security Act maynot be included in an agreement between the state and the secretary enteredinto under this chapter;
(iv) Service which, in the absence of an agreement enteredinto under §§ 36-7-1 – 36-7-31, would constitute "employment" asdefined in the federal Social Security Act. Service which under the federalSocial Security Act may be included in an agreement only upon certification bythe governor in accordance with § 218(d)(3) of the federal Social SecurityAct, 42 U.S.C. § 418(d)(3), shall be included in the term "employment" ifand when the governor issues, with respect to that service, a certificate tothe secretary, pursuant to § 36-7-19.
(B) Notwithstanding any of the foregoing, if pursuant to§ 141 of P.L. 92-603, 42 U.S.C. § 418, the state agreement with thefederal government referred to in § 36-7-3 is modified appropriately atany time prior to January 1, 1974, the term "employment" with respect to anycoverage group specified in the modification shall, effective after theeffective date specified in the modification, include services in designatedpart-time positions but not services performed in the employ of a school,college, or university by a student who is enrolled and regularly attendingclasses at that school, college, or university.
(6) "Federal Insurance Contributions Act" shall meansubchapter A of chapter 9 of the federal Internal Revenue Code of 1939,subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954,and subchapters A and B of chapter 21 of the federal Internal Revenue Code of1986 as those codes have been and may from time to time be amended; and theterm "employee tax" shall mean the tax imposed by § 1400 of the code of1939, § 3101 of the code of 1954, and § 3101 of the code of 1986.
(7) "Federal Social Security Act", 42 U.S.C. § 301 etseq., shall mean the act of congress approved August 14, 1935, officially citedas the "Social Security Act", including any amendments thereto, and anyregulations, directives, or requirements interpretative or implementive thereof.
(8) "Part-time employment" shall mean any employment by thosewho work on a regularly scheduled basis regardless of hours.
(9) "Retirement board" shall mean the retirement board asprovided in chapter 8 of this title.
(10) "Secretary", except when used in the title "secretary ofthe treasury", shall mean the secretary of health and human services and anyindividual to whom the secretary of health and human services has delegated anyof his or her functions under the federal Social Security Act, 42 U.S.C. §301 et seq., with respect to coverage under that act of employees of states andtheir political subdivisions.
(11) "Sick pay" shall mean the amount of any payment(including any amount paid by an employer for insurance or annuities, or into afund to provide for any sick pay) made to, or on behalf of, an employee or anyof his or her dependents under a plan or system established by an employerwhich makes provision for his employees generally (or for his or her employeesgenerally and their dependents) or for a class or classes of his employees (orfor a class or classes of his employees and their dependents), on account ofsickness or accident disability.
(12) "State" shall mean the state of Rhode Island.
(13) "Wages" or "salaries" shall mean all compensationreceived by an employee for employment as defined herein, including the cashvalue of all remuneration received by an employee in any medium other thancash, except that this term shall not include that part of the remunerationwhich, even if it were for "employment" within the meaning of the FederalInsurance Contributions Act, 26 U.S.C. § 3101 et seq., would notconstitute "wages" within the meaning of that act.
§ 36-7-2 Definitions. – For the purposes of §§ 36-7-1 – 36-7-31 and 36-7-35, thefollowing terms shall have the meanings indicated unless different meanings areclearly expressed or required by the context:
(1) "Agency of the state" shall mean:
(i) All departments, divisions, agencies, andinstrumentalities of the state which are not juristic entities, legallyseparate and distinct from the state;
(ii) Civilian employees of the Rhode Island national guard; or
(iii) Any instrumentality of the state such as firedistricts, water districts, water authorities, sewer commissions andauthorities, housing authorities, or other instrumentality of the state whichare a juristic entity and legally separate and distinct from the state and ifthe employees of the instrumentality are not by virtue of their relation tojuristic entity employees of the state. Without limiting the generality of theforegoing, examples of those agencies would be the Kent County water authority,the Providence housing authority, the Blackstone Valley sewer districtcommission, and other like instrumentalities of the state.
(2) "City or town" shall mean:
(i) Any city or town of the state of Rhode Island, inclusiveof any department, division, agency, board, commission, or bureau thereof;
(ii) Any instrumentality of a city or town which is ajuristic entity and legally separate and distinct from the city or town and ifits employees are not by virtue of their relation to the juristic entityemployees of the city or town; or
(iii) Any instrumentality of two or more citizens and/ortowns which is a juristic entity as provided in subdivision (ii) hereof.
(3) "Coverage group" shall mean:
(i) All employees of the state other than those engaged inperforming service in connection with a proprietary function;
(ii) All employees of a city or town other than those engagedin performing service in connection with a single proprietary function;
(iii) All employees of the state engaged in performingservice in connection with a single proprietary function;
(iv) All employees of an agency of the state;
(v) All employees of a city or town of the state engaged inperforming service in connection with a single proprietary function. If underthe preceding sentence an employee would be included in more than one coveragegroup by reason of the fact that he or she performs service in connection withtwo (2) or more proprietary functions or in connection with both a proprietaryfunction and a nonproprietary function, he or she shall be included in only onecoverage group. The determination of the coverage group in which the employeeshall be included shall be made in such manner as may be specified in theagreement. Members of retirement systems shall constitute separate coveragegroups as provided in § 36-7-10.
(4) "Employee" shall mean any officer or employee of anycity, town, or agency of the state receiving salaries or wages for employment.
(5) "Employment" shall mean any service performed by anemployee for wages as a member of a coverage group as herein defined, includingservice of an emergency nature, service in any class or classes of electivepositions and service in part-time positions, but excluding the following:
(i) Service in a position the compensation for which is on afee basis;
(ii) Service performed by election officials or electionworkers for calendar year 2003 in which the remuneration paid for that serviceis less than one thousand two hundred fifty dollars ($1,250), and for eachcalendar year after 2003 in which the remuneration paid is less than theadjusted amount in accordance with section 218(c)(8)(B) of the Social SecurityAct;
(iii) Service which under the federal Social Security Act maynot be included in an agreement between the state and the secretary enteredinto under this chapter;
(iv) Service which, in the absence of an agreement enteredinto under §§ 36-7-1 – 36-7-31, would constitute "employment" asdefined in the federal Social Security Act. Service which under the federalSocial Security Act may be included in an agreement only upon certification bythe governor in accordance with § 218(d)(3) of the federal Social SecurityAct, 42 U.S.C. § 418(d)(3), shall be included in the term "employment" ifand when the governor issues, with respect to that service, a certificate tothe secretary, pursuant to § 36-7-19.
(B) Notwithstanding any of the foregoing, if pursuant to§ 141 of P.L. 92-603, 42 U.S.C. § 418, the state agreement with thefederal government referred to in § 36-7-3 is modified appropriately atany time prior to January 1, 1974, the term "employment" with respect to anycoverage group specified in the modification shall, effective after theeffective date specified in the modification, include services in designatedpart-time positions but not services performed in the employ of a school,college, or university by a student who is enrolled and regularly attendingclasses at that school, college, or university.
(6) "Federal Insurance Contributions Act" shall meansubchapter A of chapter 9 of the federal Internal Revenue Code of 1939,subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954,and subchapters A and B of chapter 21 of the federal Internal Revenue Code of1986 as those codes have been and may from time to time be amended; and theterm "employee tax" shall mean the tax imposed by § 1400 of the code of1939, § 3101 of the code of 1954, and § 3101 of the code of 1986.
(7) "Federal Social Security Act", 42 U.S.C. § 301 etseq., shall mean the act of congress approved August 14, 1935, officially citedas the "Social Security Act", including any amendments thereto, and anyregulations, directives, or requirements interpretative or implementive thereof.
(8) "Part-time employment" shall mean any employment by thosewho work on a regularly scheduled basis regardless of hours.
(9) "Retirement board" shall mean the retirement board asprovided in chapter 8 of this title.
(10) "Secretary", except when used in the title "secretary ofthe treasury", shall mean the secretary of health and human services and anyindividual to whom the secretary of health and human services has delegated anyof his or her functions under the federal Social Security Act, 42 U.S.C. §301 et seq., with respect to coverage under that act of employees of states andtheir political subdivisions.
(11) "Sick pay" shall mean the amount of any payment(including any amount paid by an employer for insurance or annuities, or into afund to provide for any sick pay) made to, or on behalf of, an employee or anyof his or her dependents under a plan or system established by an employerwhich makes provision for his employees generally (or for his or her employeesgenerally and their dependents) or for a class or classes of his employees (orfor a class or classes of his employees and their dependents), on account ofsickness or accident disability.
(12) "State" shall mean the state of Rhode Island.
(13) "Wages" or "salaries" shall mean all compensationreceived by an employee for employment as defined herein, including the cashvalue of all remuneration received by an employee in any medium other thancash, except that this term shall not include that part of the remunerationwhich, even if it were for "employment" within the meaning of the FederalInsurance Contributions Act, 26 U.S.C. § 3101 et seq., would notconstitute "wages" within the meaning of that act.
§ 36-7-2 Definitions. – For the purposes of §§ 36-7-1 – 36-7-31 and 36-7-35, thefollowing terms shall have the meanings indicated unless different meanings areclearly expressed or required by the context:
(1) "Agency of the state" shall mean:
(i) All departments, divisions, agencies, andinstrumentalities of the state which are not juristic entities, legallyseparate and distinct from the state;
(ii) Civilian employees of the Rhode Island national guard; or
(iii) Any instrumentality of the state such as firedistricts, water districts, water authorities, sewer commissions andauthorities, housing authorities, or other instrumentality of the state whichare a juristic entity and legally separate and distinct from the state and ifthe employees of the instrumentality are not by virtue of their relation tojuristic entity employees of the state. Without limiting the generality of theforegoing, examples of those agencies would be the Kent County water authority,the Providence housing authority, the Blackstone Valley sewer districtcommission, and other like instrumentalities of the state.
(2) "City or town" shall mean:
(i) Any city or town of the state of Rhode Island, inclusiveof any department, division, agency, board, commission, or bureau thereof;
(ii) Any instrumentality of a city or town which is ajuristic entity and legally separate and distinct from the city or town and ifits employees are not by virtue of their relation to the juristic entityemployees of the city or town; or
(iii) Any instrumentality of two or more citizens and/ortowns which is a juristic entity as provided in subdivision (ii) hereof.
(3) "Coverage group" shall mean:
(i) All employees of the state other than those engaged inperforming service in connection with a proprietary function;
(ii) All employees of a city or town other than those engagedin performing service in connection with a single proprietary function;
(iii) All employees of the state engaged in performingservice in connection with a single proprietary function;
(iv) All employees of an agency of the state;
(v) All employees of a city or town of the state engaged inperforming service in connection with a single proprietary function. If underthe preceding sentence an employee would be included in more than one coveragegroup by reason of the fact that he or she performs service in connection withtwo (2) or more proprietary functions or in connection with both a proprietaryfunction and a nonproprietary function, he or she shall be included in only onecoverage group. The determination of the coverage group in which the employeeshall be included shall be made in such manner as may be specified in theagreement. Members of retirement systems shall constitute separate coveragegroups as provided in § 36-7-10.
(4) "Employee" shall mean any officer or employee of anycity, town, or agency of the state receiving salaries or wages for employment.
(5) "Employment" shall mean any service performed by anemployee for wages as a member of a coverage group as herein defined, includingservice of an emergency nature, service in any class or classes of electivepositions and service in part-time positions, but excluding the following:
(i) Service in a position the compensation for which is on afee basis;
(ii) Service performed by election officials or electionworkers for calendar year 2003 in which the remuneration paid for that serviceis less than one thousand two hundred fifty dollars ($1,250), and for eachcalendar year after 2003 in which the remuneration paid is less than theadjusted amount in accordance with section 218(c)(8)(B) of the Social SecurityAct;
(iii) Service which under the federal Social Security Act maynot be included in an agreement between the state and the secretary enteredinto under this chapter;
(iv) Service which, in the absence of an agreement enteredinto under §§ 36-7-1 – 36-7-31, would constitute "employment" asdefined in the federal Social Security Act. Service which under the federalSocial Security Act may be included in an agreement only upon certification bythe governor in accordance with § 218(d)(3) of the federal Social SecurityAct, 42 U.S.C. § 418(d)(3), shall be included in the term "employment" ifand when the governor issues, with respect to that service, a certificate tothe secretary, pursuant to § 36-7-19.
(B) Notwithstanding any of the foregoing, if pursuant to§ 141 of P.L. 92-603, 42 U.S.C. § 418, the state agreement with thefederal government referred to in § 36-7-3 is modified appropriately atany time prior to January 1, 1974, the term "employment" with respect to anycoverage group specified in the modification shall, effective after theeffective date specified in the modification, include services in designatedpart-time positions but not services performed in the employ of a school,college, or university by a student who is enrolled and regularly attendingclasses at that school, college, or university.
(6) "Federal Insurance Contributions Act" shall meansubchapter A of chapter 9 of the federal Internal Revenue Code of 1939,subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954,and subchapters A and B of chapter 21 of the federal Internal Revenue Code of1986 as those codes have been and may from time to time be amended; and theterm "employee tax" shall mean the tax imposed by § 1400 of the code of1939, § 3101 of the code of 1954, and § 3101 of the code of 1986.
(7) "Federal Social Security Act", 42 U.S.C. § 301 etseq., shall mean the act of congress approved August 14, 1935, officially citedas the "Social Security Act", including any amendments thereto, and anyregulations, directives, or requirements interpretative or implementive thereof.
(8) "Part-time employment" shall mean any employment by thosewho work on a regularly scheduled basis regardless of hours.
(9) "Retirement board" shall mean the retirement board asprovided in chapter 8 of this title.
(10) "Secretary", except when used in the title "secretary ofthe treasury", shall mean the secretary of health and human services and anyindividual to whom the secretary of health and human services has delegated anyof his or her functions under the federal Social Security Act, 42 U.S.C. §301 et seq., with respect to coverage under that act of employees of states andtheir political subdivisions.
(11) "Sick pay" shall mean the amount of any payment(including any amount paid by an employer for insurance or annuities, or into afund to provide for any sick pay) made to, or on behalf of, an employee or anyof his or her dependents under a plan or system established by an employerwhich makes provision for his employees generally (or for his or her employeesgenerally and their dependents) or for a class or classes of his employees (orfor a class or classes of his employees and their dependents), on account ofsickness or accident disability.
(12) "State" shall mean the state of Rhode Island.
(13) "Wages" or "salaries" shall mean all compensationreceived by an employee for employment as defined herein, including the cashvalue of all remuneration received by an employee in any medium other thancash, except that this term shall not include that part of the remunerationwhich, even if it were for "employment" within the meaning of the FederalInsurance Contributions Act, 26 U.S.C. § 3101 et seq., would notconstitute "wages" within the meaning of that act.
