State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-21 > 45-21-8

SECTION 45-21-8

   § 45-21-8  Membership in system. – Membership in the retirement system does not begin before the effective date ofparticipation in the system as provided in § 45-21-4, and consists of thefollowing:

   (a) Any employee of a participating municipality as definedin this chapter, who becomes an employee on and after the effective date ofparticipation, shall, under contract of his or her employment, become a memberof the retirement system; provided, that the employee is not receiving anypension or retirement allowance from any other pension or retirement systemsupported wholly or in part by a participating municipality, and is not acontributor to any other pension or retirement system of a participatingmunicipality. Any employee who is elected to an office in the service of amunicipality after the effective date, has the option of becoming a member ofthe system, which option must be exercised within sixty (60) days following thedate the employee assumes the duties of his or her office, otherwise thatperson is not entitled to participate under the provisions of this section;

   (b) Any employee or elected official of a participatingmunicipality in service prior to the effective date of participation, who isnot a member of any other pension or retirement system supported wholly or inpart by a participating municipality, and who does not notify the retirementboard in writing before the expiration of sixty (60) days from the effectivedate of participation that he or she does not wish to join the system, shallautomatically become a member; and

   (c) Any employee of a participating municipality in serviceprior to the effective date of participation, who is a member of any otherpension or retirement system supported wholly or in part by a participatingmunicipality on the effective date of participation of their municipality, whothen or thereafter makes written application to join this system, and waivesand renounces all accrued rights and benefits of any other pension orretirement system supported wholly or in part by a participating municipality,becomes a member of this retirement system and shall not be required to makecontribution under any other pension or retirement system of a participatingmunicipality, any thing to the contrary notwithstanding.

   (d) Notwithstanding the provisions of this section, presentfirefighters employed by the town of Johnston shall establish a pension planseparate from the state of Rhode Island retirement system. If the town ofJohnston is thirty (30) days or more late on employer or employee contributionsto the pension plan, the auditor general is authorized to redirect any Johnstonfunds to cover the shortfall or to deduct that amount from any moneys due thetown from the state for any purpose other than for education. Disabilitydeterminations of present firefighters shall be made by the state retirementboard, subject to the provisions of § 45-21-19 at the town of Johnston'sexpense. All new firefighters hired by the town of Johnston shall becomemembers of the state retirement system.

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-21 > 45-21-8

SECTION 45-21-8

   § 45-21-8  Membership in system. – Membership in the retirement system does not begin before the effective date ofparticipation in the system as provided in § 45-21-4, and consists of thefollowing:

   (a) Any employee of a participating municipality as definedin this chapter, who becomes an employee on and after the effective date ofparticipation, shall, under contract of his or her employment, become a memberof the retirement system; provided, that the employee is not receiving anypension or retirement allowance from any other pension or retirement systemsupported wholly or in part by a participating municipality, and is not acontributor to any other pension or retirement system of a participatingmunicipality. Any employee who is elected to an office in the service of amunicipality after the effective date, has the option of becoming a member ofthe system, which option must be exercised within sixty (60) days following thedate the employee assumes the duties of his or her office, otherwise thatperson is not entitled to participate under the provisions of this section;

   (b) Any employee or elected official of a participatingmunicipality in service prior to the effective date of participation, who isnot a member of any other pension or retirement system supported wholly or inpart by a participating municipality, and who does not notify the retirementboard in writing before the expiration of sixty (60) days from the effectivedate of participation that he or she does not wish to join the system, shallautomatically become a member; and

   (c) Any employee of a participating municipality in serviceprior to the effective date of participation, who is a member of any otherpension or retirement system supported wholly or in part by a participatingmunicipality on the effective date of participation of their municipality, whothen or thereafter makes written application to join this system, and waivesand renounces all accrued rights and benefits of any other pension orretirement system supported wholly or in part by a participating municipality,becomes a member of this retirement system and shall not be required to makecontribution under any other pension or retirement system of a participatingmunicipality, any thing to the contrary notwithstanding.

   (d) Notwithstanding the provisions of this section, presentfirefighters employed by the town of Johnston shall establish a pension planseparate from the state of Rhode Island retirement system. If the town ofJohnston is thirty (30) days or more late on employer or employee contributionsto the pension plan, the auditor general is authorized to redirect any Johnstonfunds to cover the shortfall or to deduct that amount from any moneys due thetown from the state for any purpose other than for education. Disabilitydeterminations of present firefighters shall be made by the state retirementboard, subject to the provisions of § 45-21-19 at the town of Johnston'sexpense. All new firefighters hired by the town of Johnston shall becomemembers of the state retirement system.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-21 > 45-21-8

SECTION 45-21-8

   § 45-21-8  Membership in system. – Membership in the retirement system does not begin before the effective date ofparticipation in the system as provided in § 45-21-4, and consists of thefollowing:

   (a) Any employee of a participating municipality as definedin this chapter, who becomes an employee on and after the effective date ofparticipation, shall, under contract of his or her employment, become a memberof the retirement system; provided, that the employee is not receiving anypension or retirement allowance from any other pension or retirement systemsupported wholly or in part by a participating municipality, and is not acontributor to any other pension or retirement system of a participatingmunicipality. Any employee who is elected to an office in the service of amunicipality after the effective date, has the option of becoming a member ofthe system, which option must be exercised within sixty (60) days following thedate the employee assumes the duties of his or her office, otherwise thatperson is not entitled to participate under the provisions of this section;

   (b) Any employee or elected official of a participatingmunicipality in service prior to the effective date of participation, who isnot a member of any other pension or retirement system supported wholly or inpart by a participating municipality, and who does not notify the retirementboard in writing before the expiration of sixty (60) days from the effectivedate of participation that he or she does not wish to join the system, shallautomatically become a member; and

   (c) Any employee of a participating municipality in serviceprior to the effective date of participation, who is a member of any otherpension or retirement system supported wholly or in part by a participatingmunicipality on the effective date of participation of their municipality, whothen or thereafter makes written application to join this system, and waivesand renounces all accrued rights and benefits of any other pension orretirement system supported wholly or in part by a participating municipality,becomes a member of this retirement system and shall not be required to makecontribution under any other pension or retirement system of a participatingmunicipality, any thing to the contrary notwithstanding.

   (d) Notwithstanding the provisions of this section, presentfirefighters employed by the town of Johnston shall establish a pension planseparate from the state of Rhode Island retirement system. If the town ofJohnston is thirty (30) days or more late on employer or employee contributionsto the pension plan, the auditor general is authorized to redirect any Johnstonfunds to cover the shortfall or to deduct that amount from any moneys due thetown from the state for any purpose other than for education. Disabilitydeterminations of present firefighters shall be made by the state retirementboard, subject to the provisions of § 45-21-19 at the town of Johnston'sexpense. All new firefighters hired by the town of Johnston shall becomemembers of the state retirement system.