§ 36-9-44 Narragansett Bay Water QualityManagement District Commission – Transferred employees. – (a) Definitions. – For the purposes of this section:
(1) "Commission" means the Narragansett Bay Water QualityManagement District Commission, a public corporation of the state of RhodeIsland.
(2) "Employee contribution accumulation" means an amountequal to the total member contributions of the transferred employees which werepicked up and paid by the commission to the trust maintained by the commissionto receive such contributions during the interim period plus actual earnings onsuch contributions. The employee contribution accumulation attributable to eachtransferred employee shall be treated as such employee's accumulatedcontributions for purposes of chapters 9 and 20 of this title.
(3) "Employer contribution accumulation" means an amountequal to the required contributions applicable to the interim period.
(4) "Interim period" means the period from the transfer dateto the date that the requirement of subsection (c) is satisfied.
(5) "Required contribution" means the amount or amountsrequired to be contributed to the retirement system by the commission inaddition to the member contributions of the transferred employees in order tofund the benefits attributable to the transferred employees earned after thetransfer date in accordance with the provisions of this section. The amount ofthe required contribution for any relevant period following the transfer dateshall be an amount determined by multiplying the rate percent established inaccordance with § 36-10-2 for the period by the compensation paid by thecommission to the transferred employees during such period. The commissionshall make its required contribution, other than the required contribution forthe interim period, in bi-weekly installments, each to be made within three (3)business days following the pay day. The required contribution applicable tothe interim period shall be made in accordance with the provisions of section(c) of this chapter.
(6) "Transfer date" means the effective date of this section.
(7) "Transferred employee" means any individual who was anemployee of the commission on the date immediately preceding the transfer date,was an active member of the retirement system on the date immediately precedingthe transfer date and who, from and after the transfer date, is an employee ofthe commission who is continuously a collectively bargained employee (withinthe meaning of the regulations issued under § 410(b)(3)(a) of the InternalRevenue Code [26 U.S.C. § 410(b)(3)(a)]).
(b) Subject to subsections (c), (d) and (e) of this section,the period of service of any transferred employee with the commission after thetransfer date shall be treated as service as an employee of the state of RhodeIsland for purposes of chapters 8, 9 and 10 of this title.
(c) The provisions of subsection (b) of this section shallnot apply unless within ninety (90) days following the date of enactment ofthis section, the commission transfers, or causes to have transferred from atrustee or other custodian, to the retirement system, an amount equal to thesum of the employee contribution accumulation and the employer contributionaccumulation.
(d) Notwithstanding the foregoing, any individual who is atransferred employee shall not be treated as an employee of the state of RhodeIsland under subsection (b) for any period of employment during which he or sheelects to participate in any other retirement income benefit funded by thecommission under a retirement plan sponsored by the commission and intended toqualify under § 401(a) or § 408(k) [26 U.S.C. § 401(a) or§ 408(k)] of the United States Internal Revenue Code.
(e) Provided the requirement of subsection (c) of thissection is satisfied:
(1) Any retirement or death benefit provided to or on behalfof a transferred employee during the interim period by the commission, or atrust established and maintained by the commission shall be considered providedby the retirement system and the amount of benefit paid by the commission orthe trustee, shall reduce the amount required to be transferred to theretirement system under subsection (c) of this section.
(2) Subsection (b) shall continue to apply after the date oftransfer specified in subsection (c) with respect to the period for which thecommission thereafter makes its required contribution to the retirement system.In the event that the commission ceases to make its required contribution, thetransferred employees shall be considered inactive members of the retirementsystem as of the date of such cessation.
(3) The member contributions of the transferred employeesshall be considered picked up and paid by the commission to the retirementsystem after the interim period pursuant to the provisions of § 414(h)(2)[26 U.S.C. § 414(h)(2)] of the United States Internal RevenueCode. The contributions so picked up shall be treated as employer contributionsin determining the tax treatment under the United States Internal Revenue Code,and shall not be included as gross income of the transferred employee untilsuch time as they are distributed.
(4) All employees (whether or not employed on the transferdate) who are members of a collective bargaining unit that, on the transferdate, had members who were contributing members of the employees' retirementsystem shall be contributing members of the employees' retirement system if soprovided by a collective bargaining agreement.
§ 36-9-44 Narragansett Bay Water QualityManagement District Commission – Transferred employees. – (a) Definitions. – For the purposes of this section:
(1) "Commission" means the Narragansett Bay Water QualityManagement District Commission, a public corporation of the state of RhodeIsland.
(2) "Employee contribution accumulation" means an amountequal to the total member contributions of the transferred employees which werepicked up and paid by the commission to the trust maintained by the commissionto receive such contributions during the interim period plus actual earnings onsuch contributions. The employee contribution accumulation attributable to eachtransferred employee shall be treated as such employee's accumulatedcontributions for purposes of chapters 9 and 20 of this title.
(3) "Employer contribution accumulation" means an amountequal to the required contributions applicable to the interim period.
(4) "Interim period" means the period from the transfer dateto the date that the requirement of subsection (c) is satisfied.
(5) "Required contribution" means the amount or amountsrequired to be contributed to the retirement system by the commission inaddition to the member contributions of the transferred employees in order tofund the benefits attributable to the transferred employees earned after thetransfer date in accordance with the provisions of this section. The amount ofthe required contribution for any relevant period following the transfer dateshall be an amount determined by multiplying the rate percent established inaccordance with § 36-10-2 for the period by the compensation paid by thecommission to the transferred employees during such period. The commissionshall make its required contribution, other than the required contribution forthe interim period, in bi-weekly installments, each to be made within three (3)business days following the pay day. The required contribution applicable tothe interim period shall be made in accordance with the provisions of section(c) of this chapter.
(6) "Transfer date" means the effective date of this section.
(7) "Transferred employee" means any individual who was anemployee of the commission on the date immediately preceding the transfer date,was an active member of the retirement system on the date immediately precedingthe transfer date and who, from and after the transfer date, is an employee ofthe commission who is continuously a collectively bargained employee (withinthe meaning of the regulations issued under § 410(b)(3)(a) of the InternalRevenue Code [26 U.S.C. § 410(b)(3)(a)]).
(b) Subject to subsections (c), (d) and (e) of this section,the period of service of any transferred employee with the commission after thetransfer date shall be treated as service as an employee of the state of RhodeIsland for purposes of chapters 8, 9 and 10 of this title.
(c) The provisions of subsection (b) of this section shallnot apply unless within ninety (90) days following the date of enactment ofthis section, the commission transfers, or causes to have transferred from atrustee or other custodian, to the retirement system, an amount equal to thesum of the employee contribution accumulation and the employer contributionaccumulation.
(d) Notwithstanding the foregoing, any individual who is atransferred employee shall not be treated as an employee of the state of RhodeIsland under subsection (b) for any period of employment during which he or sheelects to participate in any other retirement income benefit funded by thecommission under a retirement plan sponsored by the commission and intended toqualify under § 401(a) or § 408(k) [26 U.S.C. § 401(a) or§ 408(k)] of the United States Internal Revenue Code.
(e) Provided the requirement of subsection (c) of thissection is satisfied:
(1) Any retirement or death benefit provided to or on behalfof a transferred employee during the interim period by the commission, or atrust established and maintained by the commission shall be considered providedby the retirement system and the amount of benefit paid by the commission orthe trustee, shall reduce the amount required to be transferred to theretirement system under subsection (c) of this section.
(2) Subsection (b) shall continue to apply after the date oftransfer specified in subsection (c) with respect to the period for which thecommission thereafter makes its required contribution to the retirement system.In the event that the commission ceases to make its required contribution, thetransferred employees shall be considered inactive members of the retirementsystem as of the date of such cessation.
(3) The member contributions of the transferred employeesshall be considered picked up and paid by the commission to the retirementsystem after the interim period pursuant to the provisions of § 414(h)(2)[26 U.S.C. § 414(h)(2)] of the United States Internal RevenueCode. The contributions so picked up shall be treated as employer contributionsin determining the tax treatment under the United States Internal Revenue Code,and shall not be included as gross income of the transferred employee untilsuch time as they are distributed.
(4) All employees (whether or not employed on the transferdate) who are members of a collective bargaining unit that, on the transferdate, had members who were contributing members of the employees' retirementsystem shall be contributing members of the employees' retirement system if soprovided by a collective bargaining agreement.
§ 36-9-44 Narragansett Bay Water QualityManagement District Commission – Transferred employees. – (a) Definitions. – For the purposes of this section:
(1) "Commission" means the Narragansett Bay Water QualityManagement District Commission, a public corporation of the state of RhodeIsland.
(2) "Employee contribution accumulation" means an amountequal to the total member contributions of the transferred employees which werepicked up and paid by the commission to the trust maintained by the commissionto receive such contributions during the interim period plus actual earnings onsuch contributions. The employee contribution accumulation attributable to eachtransferred employee shall be treated as such employee's accumulatedcontributions for purposes of chapters 9 and 20 of this title.
(3) "Employer contribution accumulation" means an amountequal to the required contributions applicable to the interim period.
(4) "Interim period" means the period from the transfer dateto the date that the requirement of subsection (c) is satisfied.
(5) "Required contribution" means the amount or amountsrequired to be contributed to the retirement system by the commission inaddition to the member contributions of the transferred employees in order tofund the benefits attributable to the transferred employees earned after thetransfer date in accordance with the provisions of this section. The amount ofthe required contribution for any relevant period following the transfer dateshall be an amount determined by multiplying the rate percent established inaccordance with § 36-10-2 for the period by the compensation paid by thecommission to the transferred employees during such period. The commissionshall make its required contribution, other than the required contribution forthe interim period, in bi-weekly installments, each to be made within three (3)business days following the pay day. The required contribution applicable tothe interim period shall be made in accordance with the provisions of section(c) of this chapter.
(6) "Transfer date" means the effective date of this section.
(7) "Transferred employee" means any individual who was anemployee of the commission on the date immediately preceding the transfer date,was an active member of the retirement system on the date immediately precedingthe transfer date and who, from and after the transfer date, is an employee ofthe commission who is continuously a collectively bargained employee (withinthe meaning of the regulations issued under § 410(b)(3)(a) of the InternalRevenue Code [26 U.S.C. § 410(b)(3)(a)]).
(b) Subject to subsections (c), (d) and (e) of this section,the period of service of any transferred employee with the commission after thetransfer date shall be treated as service as an employee of the state of RhodeIsland for purposes of chapters 8, 9 and 10 of this title.
(c) The provisions of subsection (b) of this section shallnot apply unless within ninety (90) days following the date of enactment ofthis section, the commission transfers, or causes to have transferred from atrustee or other custodian, to the retirement system, an amount equal to thesum of the employee contribution accumulation and the employer contributionaccumulation.
(d) Notwithstanding the foregoing, any individual who is atransferred employee shall not be treated as an employee of the state of RhodeIsland under subsection (b) for any period of employment during which he or sheelects to participate in any other retirement income benefit funded by thecommission under a retirement plan sponsored by the commission and intended toqualify under § 401(a) or § 408(k) [26 U.S.C. § 401(a) or§ 408(k)] of the United States Internal Revenue Code.
(e) Provided the requirement of subsection (c) of thissection is satisfied:
(1) Any retirement or death benefit provided to or on behalfof a transferred employee during the interim period by the commission, or atrust established and maintained by the commission shall be considered providedby the retirement system and the amount of benefit paid by the commission orthe trustee, shall reduce the amount required to be transferred to theretirement system under subsection (c) of this section.
(2) Subsection (b) shall continue to apply after the date oftransfer specified in subsection (c) with respect to the period for which thecommission thereafter makes its required contribution to the retirement system.In the event that the commission ceases to make its required contribution, thetransferred employees shall be considered inactive members of the retirementsystem as of the date of such cessation.
(3) The member contributions of the transferred employeesshall be considered picked up and paid by the commission to the retirementsystem after the interim period pursuant to the provisions of § 414(h)(2)[26 U.S.C. § 414(h)(2)] of the United States Internal RevenueCode. The contributions so picked up shall be treated as employer contributionsin determining the tax treatment under the United States Internal Revenue Code,and shall not be included as gross income of the transferred employee untilsuch time as they are distributed.
(4) All employees (whether or not employed on the transferdate) who are members of a collective bargaining unit that, on the transferdate, had members who were contributing members of the employees' retirementsystem shall be contributing members of the employees' retirement system if soprovided by a collective bargaining agreement.
